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Downtown food vending license. hot dogs - $1,200; coffee - $25

Hot dog cart owner Lisa Miller: "At this point," she said, "I'd just hate to let them win."

photo by Britt Combs

Lisa Miller and her son, James Crawford, have operated this hot dog cart on N.C. 226 South near I-40 for about a year. Recent changes in city ordinances led her to consider relocating downtown. “All the complaints” from other business owners “had me wondering if it was a good idea,” she said, but many have convinced her she’ll sell a lot of hot dogs if she goes through with it.

By Britt Combs | The McDowell News

Published: September 23, 2009

The cost of operating a food cart on Main Street in Marion went from $100 per year to $100 per month -- $1,200 per year – in September. Protests raised by two Main Street merchants convinced the City Council to alter a decision they agreed upon in August. That change has made the difference, some argue, between inviting new business to come downtown and prohibiting competition.

At least one cart operator said she could not possibly make ends meet while paying $1,200 for the privilege of doing business. The fee is more than her profit margin can accommodate.

But what about the cost for existing, brick-and-mortar food service? According to City Manager Bob Boyette, existing food and beverage businesses pay substantially less for the privilege. Restaurants and bars are charged according to multiple factors, he said, including number of tables, number of chairs and many other details.

For the current year, Carolina Chocolatiers paid the most, at $137.50 (including fees for manufacturing candy and vending ice cream); Wine Ruels paid $125, which includes privilege fees for wine, beer and liquor.

Bruce's Fabulous Foods owner Bruce Brown, who told the council that a $100 annual fee would bring "unfair competition," paid the city $110 to operate both a restaurant and a catering business.

The Crooked Door Coffee House, since it does not serve food, pays a mere $25 annually to operate in the city. That's one-fourth of the old rate to operate a cart downtown, and just 1/48 of the new rate.

Hot dog stand operator Lisa Miller said she was not necessarily thinking about Main Street when she launched her business in September 2008.

"When I first bought this cart," she stated, "I went to the city to see about operating there, and they said 'absolutely not.'" So she paid the $100 privilege license fee and made arrangements to operate out of the parking lot at the Exxon station at the busy intersection of I-40 and N.C. 226 South.

That location has been her place of business since. Along with her son, James Crawford, she operates the stand regularly, vending hot dogs, sausages, chips and soft drinks.

She didn't give Main Street any further thought until she read in August that the city had changed its rules, opening downtown to her kind of business. At that point she got excited about the idea, she explained, got an application, won approval from the council and made plans to move her operation to Main Street.

Having been in business for a year, she explained, she is used to complying with strict regulations. Her cart is inspected by the health department "about twice a month." She pays the Exxon station's management both for the space and to serve as a commissary -- a facility for the storage of food.

And business has been good, she said. Although it's a noisy spot, and although they can only serve one or two customers at a time, it is perfect for her family.

When The McDowell News visited her stand Wednesday, business was slow but steady. Customers trickled through, along with the hum of highway traffic and curious bees and yellow jackets. Crawford was stung on the eyelid while preparing a hot dog for one customer; seconds later, he was back on the job with one eye swelling.

The ordinance drafted in August stipulated that all vendor equipment and merchandise be removed from the premises or stored away 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.

Cart operators cannot use generators or run a drop cord, Miller added. Her rig runs off a small propane tank. They may only operate by daylight.

"I don't know why (Crooked Door owner) Mike (Ornburg) would see me as competition," she said. "I don't even sell coffee. This cart is only approved for hot dogs and sausages. I asked if I could sell hamburgers, but they said 'not unless you can put it in a tube.'"

She said the objections he raised at the council meeting – that the $100 per year license fee was unfair in light of the high rent he must pay – made no sense.

"He acts like that's all I have to pay," she said. Her cart cost $2,500. The propane and supplies and dozens of other costs must be paid regularly.

Ornburg, she added, had told her his objections were not aimed at her specifically, when they both attended a recent council meeting. "But I don't know who else he could have meant, since I was the only one applying for the license."

Aside from the arrangement for the commissary, she said, she was required to carry $1 million in liability coverage. She must transport the cart 14 miles round trip each day, which would be longer if she relocated to Main Street.

The second umbrella she currently uses would be forbidden. Any tables and chairs would be out of the question. Customers would have standing room only.

All in all, she concluded, given the objections raised by Ornburg and Brown, she doubted the viability of the move. She didn't want to set up where the market didn't want her.

"But (a friend) told me to check all the comments on the (McDowell News) story," she said. "There were so many expressing support, maybe I should give it a try."

Her husband, Will Crawford, dropped by during the interview. He said businessmen should focus on improving their own businesses, instead of trying to shut others down.

"If a hot dog stand is gonna put them out of business," he said, "they need to just close their doors."

Gourmet lunches, catered suppers and fine coffee are fine for some tastes, he added, but a hot dog cart serves an entirely different market. He said they would not be competing for the same customers; rather, the stand would bring customers to Main Street who were currently spending their money elsewhere.

Miller concluded by saying that the support she had received had offset any doubts; she intends to hold the city to its agreement to license her for one year at the old rate of $100.

"At this point," she said, "I'd just hate to let them win."