Rita's Franchise Owner Reacts to Critics
A Rita's Water Ice was set to open at Chestnut Hill Plaza, but is now held up in arbitration.
Since the dispute between the Trolley Car Diner and Rita’s Water Ice has become public, Chestnut Hill and Mt. Airy residents have weighed in both for and against a Rita’s leasing a vacant spot in Chestnut Hill Plaza.
While John Thain, franchise owner of three Rita’s Water Ices, and Ken Weinstein, owner of The Trolley Car Diner, are still working on settling the dispute through arbitration, Thain weighed in on the comments against the water ice chain coming to the Hill.
“People are saying we’re not local. Rita’s is based 14 miles from Chestnut Hill in Bensalem. We have donated over $3 million since 2007 to Alex’s Lemonade Stand, through efforts of individual franchisees like myself,” Thain said.
Not only is the corporate infrastructure local, Thain adds, but the food is locally grown and made fresh on site each day.
“It is unfair to categorize us as a chain, we’re a Delaware Valley based organization. We buy our soft pretzels locally, we use locally grown ingredients. We probably support more Philadelphia-area merchants than the Trolley Car.”
In response to the objections against having a seasonal business occupy the space at the bottom of the Hill, Thain said that Rita’s is only closed less than three months of the year.
“We close late in November and we open in February, and we are always updating our menu and we may eventually stay open year-round,” Thain said.
Thain is a Chestnut Hill resident, who owns three nearby Rita’s franchises, two in Roxborough and one in Wyncote.
anonymous
5:05 pm on Thursday, February 16, 2012
I love Rita's. I currently drive to the Rita's on Ridge Ave in the summer and had wished there was one here? The owner even joked that he could set up a machine in my basement to carry me over in the winter months. He is a great guy.
I am confused why anyone would oppose Water Ice? Really?? I just don't get this neighborhood at all. It is very difficult living here; seeing this just furthers my confusion with Chestnut Hill. I mean isn't Iron Hill a chain, and Mc Donalds. Cin Cin is part of a group of several restaurants, etc...Why do the residents and shop owners have to BULLY everyone that is new (like me). Would you all rather see vacant store fronts? Just like the vacant Greylock...all that bullying really paid off for you...now it sits and will probably eventually just fall down...
If someone is willing to take the time to move into and improve a vacant property PLEASE BY ALL MEANS LET THEM!
Local Foodie
8:49 am on Friday, February 17, 2012
Hey anonymous... you are missing the point here... The issue is not whether or not you like Rita's or John Thain, it is about whether or not a chain is allowed to open at the Chestnut Hill Plaza. As reported earlier, the restrictive covenant on the CH Plaza clearly states that "fast food chains" are prohibited at this location. Don't confuse the issue. If anyone is trying to bully, it is John Thain, who is trying to ignore that this restrictive covenant exists. He should find another location where he is legally allowed to locate and operate!
Charles
11:33 am on Friday, February 17, 2012
Come on Foodie...How partisan can you be? It IS about whether or not you like Rita's versus an inferior product. It's about COMPETITION. This nonsense is plainly a smokescreen for trying to restrict a competitor. We are loyal supporters of the diner, but Ken needs to really upgrade his product, and then based on TASTE and SATISFACTION, maybe my wife and I wouldn't have to drive to Roxborough or Wyncote for good water ice.
john thain
12:10 am on Saturday, February 18, 2012
I feel it is appropriate to address Restrictive Covenant
The Restrictive Covenant was made 3/30/1990 "by and among CHCA and 5 residential neighbors (I will not name them - 3 of 5 still reside in their 1990 residences) and the 2 owners of Yu Shiang and Alliance Properties, Inc". Note there are NO commercial/business signators ... at the time numerous business(s) WERE WITHIN 750 FT ... Mermaid Inn, Roxy Auto, Fillippi Bros, possibly Maloumian Bros and others. Further, the concern stated ..."grease, cooking and other odors". This document although poorly written - was intended to protect 5 residential neighbors. All 3 original signers and the 2 new owners - those intended to protect - unanimously support our business. When I reached out to owners and held an open house - there was no reason for the CHCA, the landlord or my partners to expect that a non resdential entity had standing. The agreement did not clarify those protected and that does give the Trolley Car/Ken a right to interpret to their benefit - the only benefit being restriction of trade. I suggest all get a copy of covenant to determine intent and parties to be protected
Our efforts could go to far more productive issues that benefit all Northwest communities. Bet Ken and I with the passinate support of all pro and con could develop programs to assist homeless, feed the hungry, mentor business owners of the future ...
I applaud the process
Cheers John
john thain
12:13 am on Saturday, February 18, 2012
Also, feel it is appropriate to address
Fast Food vs Frozen dessert
Fast Food vs Frozen Dessert We asked the CHCA - and original party to agreement - to consider that Ritas is frozen dessert and not fast food that would produce ..."grease, cooking and other odors" as outlined in the covenant. We further investigated definition of various agencies that classify business(s). In fact, an original signator is an Independent Casualty Insurance agent and he concurs that fast food and frozen dessert have different insurance risk ratings and supports our opening. The CHCA reviewed presentations, conferred with CH Business association and the LUPZ and made a determination in our favor. It would seem logical that the entity that drafted a covenant would have the right to interpret it.
john thain
12:16 am on Saturday, February 18, 2012
Last -----
Arbitration
.
Arbitration - there was an agreement to arbitrate. HOWEVER there was never an agreement on scope, format for presentation to arbitrator (I wanted live testimony from originators of covenant - TC legal only wanted written briefs) and I was required to guarantee that landlord (a third party) be bound by our arbitration. These terms were unacceptable. In fact, an advisor referred to these terms as a "ruse" to delay process
Tesia
9:45 am on Friday, February 17, 2012
I would much rather have that space occupied by something that we don't already have in the neighborhood. I think we've got water ice and ice cream covered. I do feel Rita's falls into the fast-food chain category, personally. Let's have a pho place or a burrito place or a kids' clothing boutique, the list goes on and on of businesses I'd prefer.
Charles
11:16 am on Friday, February 17, 2012
Tesia...it is not covered because the water ice at the Trolley Car Diner is not really that good. My wife and I are Mt. Airy residents and we live close-by. We like the diner and we walk around the corner to eat there regularly. We are not ice cream people, so we tried the water ice there on several occasions over the past few years. Unfortunately, we have been disappointed each and every time. In comparing the two, we definitely prefer Rita's. It's is a more tasty and satisfying product...and if we don't have to drive over to Roxborough or up to Wyncote...all the better.
manormest
10:06 am on Friday, February 17, 2012
I am a Philly girl through and through and could never see myself coming out against “wudder” ice, I find myself doing that exact thing. However, this is not about wudder ice, this is about neighborhood and communities deciding for themselves what they want for their community to thrive and prosper. And the neighbors have the deed restriction on their side. I am strong believer and supporter of local businesses. Additionally, I have seen the devastation of chain stores coming to a thriving shopping district only to devastate it years later, ie South Street. Alternatively, I have seen areas thrive under the multitude of small local businesses, ie Italian market. Come see for yourself and take a tour of South Street (empty storefronts) and the Italian market (crowed and thriving stands), and afterwards please enjoy some delicious wudder ice at John’s at 7th and Christian Streets.
local icecream and water ice eater
10:50 am on Friday, February 17, 2012
McDonald's are typically owned by local business people as well, even though the franchise is national, If there is a covenant that restricts chains then it should be enforced, or the next locally owned franchise will be imposible to stop. It's that simple.
Marc Stier
12:29 pm on Friday, February 17, 2012
There are many reasons to enforce this deed restriction. One is that chain stores that are not locally owned are not good for communities. They take money out of the community and rarely contribute the way local businesses do. (Ken Weinstein has demonstrated for many years how much a strong local business owner can do to help the community with its funds and leadership.) Another is that Rita’s is a seasonal business and dark storefronts are bad for the surrounding businesses.
But it occurred to me today that there is an overriding reason why the CHCA’s attempt to override the deed restriction—and to do it without proper community notice—is especially problematic. That is because it will undermine the effectiveness of the CHCA in the future. The deed restriction was put into place as part of an agreement with the near neighbors that allowed the whole retail plaza to be built. For the CHCA to override a deed restriction it put into place on behalf of the near neighbors will destroy the credibility of the CHCA. And that is bad for the community.
The next time CHCA tries to broker an arrangement between a commercial developer and residents, how effective do you think the CHCA will be? If I were one of those near neighbors, I’d say to the CHCA, “What good are your promises to residents when you have shown us that you are willing to break your commitments even when they are put in a deed?”
Radcliffe Emerson, III
1:02 pm on Friday, February 17, 2012
Stop the petty bickering. Rita's may not be the epicurian answer to the Chestnut Hill elite, The Trolley Car Diner may not be elegant enough for the same elite. We are an all inclusive society, why can't we all just get along. I go to Rita's on WIllow Grove Avenue all the time. I can walk to this location. GO RITA'S !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Robin Robinowitz
5:45 pm on Friday, February 17, 2012
Beside the point that Rita's water ice is nasty, is it a fast food and a chain. Honor the deed restriction.
Elise Rivers
7:02 pm on Friday, February 17, 2012
As the owner of Community Acupuncture of Mt. Airy, my focus has always been on how to be of service to community in multiple ways, not just strictly in the realm of business. I'd like to see more of that attitude come to the area, rather than less. To me, the border between Chestnut Hill and Mt. Airy when it comes to these things is non-existent. I see us as one big neighborhood when it comes to patronizing establishments along Germantown Avenue. Chains detract from the business corridor to be sure, but more importantly, are well known to spend far fewer dollars investing back into the community from which they take their dollars. Ken Weinstein and the Trolley Car have a long history of serving and investing in the community and we are all the better for it. I can personally vouch for Ken's integrity, working with him on the board of the Mt. Airy Business Improvement District. He wants what is best for the community and is willing to work for that, both for profit and as a volunteer. There's not many business leaders I know who have such an established track record in doing so. I think we can do better than Rita's. Selling as their only product artificially flavored and colored sugar water, even if people will buy it, is to my mind, no service at all. It seems to me that selling this kind of food (fast or not) does not indicate regard for the health and welfare of the people of this neighborhood.
Daria N.
6:55 am on Wednesday, February 22, 2012
Would this be an issue if Starbuck's wanted to move into that location? I don't think Starbuck's is considered to be fast food, and Rita's is far more similar to Starbuck's than it is to McDonald's. By seeing this, the CHCA did not not violate their own covenant. More importantly, the nearby neighbors do not object to Rita's opening in the plaza. But what if the CHCA had made an exception? Times, circumstances and economies change and the CHCA should be flexible enough to respond to that. When the covenant was written, Chestnut Hill looked a lot different. Until recently, Germantown Ave. looked like a snaggle-toothed grin with vacant properties and closed businesses. Things are getting better, but I don't think we can afford to turn up our noses at a reputable business willing to make a contribution to our community. A clean, bright, well maintained water ice business is much more preferable to empty retail space. The CHCA got that. It made a decision that did not violate their covenant, took the neighbors into consideration and reflected today's economic realities. This decision should not cause residents to question the integrity of the CHCA or its concern for its community, just as it should not discourage a reputable business from considering investment in Chestnut Hill.