Vendor law nearing OK in Y.C.

The Yuba City hot dog and mobile vending controversy appears to have cooled to a resolution.

The Planning Commission voted unanimously Wednesday night to send a draft ordinance for a zoning code amendment to the City Council, which will make the final decision. No vendors voiced opposition.

The ordinance, as approved by the Planning Commission, requires vendors to have a city-issued permit and defines the "unmet need" area in which fixed-location vendors must operate. Instead of listing specific places within the city, an unmet need is defined by square footage figures for particular business types in an area, said Aaron Busch, director of community development.

The amendment also specifies that open air or fixed-location vendors must be 400 feet away from a similar business, unless with the business' approval. The standards are intended to enhance the quality of the community and promote fairness among all city businesses, Busch said.

"I think you've obviously done a good job because we don't see the vendors in here," said Commissioner John Hager III.

The Planning Commission's approval did include a provision to be added into the ordinance that vendors who will be prohibited from operating in certain areas could receive an exception depending on commissioners' view of if the location meets the intent and spirit of an "unmet need."

"I think a little leeway is beneficial in most cases, rather than being black and white, cut and dried," said Chairman Craig Starkey. The only cautionary comment came from Margaret Danna, partner in Has Beans, regarding the stipulation that some vendors could be given an exception.

"You do it for certain vendors, I think that is how we got into this in the first place," she said.

The mobile vending debate was sparked last summer when Fat Daddy's Frankfurters set up a hot dog cart across from Has Beans on Plumas Boulevard. It drew attention to conflicting city codes and the overall challenges faced by mobile vendors and established businesses.

Fat Daddy's Frankfurters now has a brick and mortar business at Colusa Highway and Civic Center Boulevard, but it also maintains a cart at Plumas Boulevard and Franklin Road.

Like any ordinance, enforcement of mobile vending will be an issue, Busch said.

"We're just not going to be able to have someone out there patrolling mobile vendors every day," he said.

But the permit requirement and detailed specifications will make it clear to everyone where vendors can be located and if they are in compliance with city rules, he said. Those who do not comply will be subject to citations.

"I think what we had was nothing," said Commissioner John Sanbrook. "No we have something with some teeth in it."

Tim McKenna, president of the Downtown Business Association, voiced his support of the ordinance and said that not only does the ordinance create an even playing field but it establishes food safety for the public.

Busch listed Fremont Rideout Hospital, Sunsweet, Pepsi, Lowe's and the industrial area along Garden Highway as potential places that meet the unmet need requirement and would possibly only need permission from like businesses within 400 feet.

Contact Appeal-Democrat reporter Ashley Gebb at 749-4724 or agebb@appealdemocrat.com.