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Playing ketchup: City OKs mobile food vendors

By Mike Conley | The McDowell News

Published: August 5, 2009

Folks will soon be able to get something good to eat at a hot dog stand or some other kind of mobile food vendor in downtown Marion.
The Marion City Council adopted new rules for mobile food vendors, such as hot dog stands, at Tuesday's regular meeting. City officials hope the new rules, which took effect immediately, will create an environment that can encourage food vendors to set up shop in Marion and bring more people to the downtown area.
So far, it appears to be working. City Manager Bob Boyette said Wednesday morning that people have already come to City Hall to get applications.
"There seems to be some interest," he said.
The idea for the rules got started when a man attended a city Planning Board meeting and asked board members to change the city's zoning rules to allow mobile food vendors in the downtown area and other places in Marion. These rules apply to full-time vendors and not for those who set up their stands temporarily for a street festival.
The rules adopted by council state that mobile food vendors can operate pushcarts in five designated areas in the downtown: the corner of Main and Court streets, the gazebo and parking lot on Main, the sidewalk in front of the Depot, the sidewalk on Logan in front of the Community Building's park and the West Henderson Street parking lot.
Under the rules, they can also do business on private property along East Court Street, Sugar Hill Road, the five lane and Rutherford Road down to Love's Travel Plaza. Those areas would allow for tents, trailers and other types of outside food vending.
The rules state that the vendors can do business on private property but must have consent of the owner. All vendor equipment and merchandise shall be removed from the premises or stored from public view during non-operating hours. In the downtown area, a vendor cannot block pedestrian access along any sidewalk and will be responsible for removing all trash, equipment and merchandise when not running the business, among other requirements.
At Tuesday's meeting, council agreed to adopt the rules with two more changes. The city will not provide free electrical power to the food vendors and no extension cords will be allowed along places where people walk. City officials also agreed to charge applicants an annual permit fee of $100. If the owner of the food stand does not follow the city's rules, then the permit can be revoked.
In other business, city officials hope they can finally get an answer from the N.C. Department of Transportation about whether or not the city can allow right turns on red at the intersection of Court and Main streets under certain conditions.
Several months ago, the city asked DOT officials if right turns on a red light could be prohibited only when pedestrians are present. If the DOT would loosen the restriction on right turns on red, it would make it more convenient for motorists at that intersection. Right turns on red could be prohibited only when pedestrians are present or during regular business hours on weekdays. Otherwise, there is no point to prohibit right turns on red late at night or during a slow Sunday afternoon, city officials said.
So far, the city has gotten no response from the DOT about this question. At Tuesday's meeting, Mayor Pro Tem Steve Little made a motion for the city to go ahead and adopt an ordinance stating no right turns on red at the intersection when pedestrians are present. At other times, it would be allowed.
Little said he's been trying to get an answer from the DOT since March.
Boyette said he's also tried to get an answer about the issue but added that the city should perhaps send a letter to the DOT.
"We have not put it explicitly in writing," he said. "We have not done it the DOT way."
Little withdrew his motion and agreed with the other councilmen to send a formal letter to DOT officials.
"We can't be the only people in North Carolina with this concern," said Little.
In other business, the City Council was introduced to the Marion Police Department's newest patrol officer, Corey Loftis.
It was previously reported that council would hold a closed session about the location of a business or industry, but they didn't because Boyette said there was no new information to discuss.