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See How A Hot Dog Stand Collided With the Law

A San Leandro native ran afoul of county authorities when he opened a take-out food stand on Castro Valley Boulevard. Watch this video for the story of Muzo's Grill.

 

All Marc Michieli wants for Christmas is for county officials to give him the green light open a take-out hot dog stand on Castro Valley Boulevard.

At the moment, however, the 50-year-old San Leandro native is mired in red tape that revolves around the seemingly simple phrase "take out" food.

Michieli who has lived in Castro Valley for the last 15 years, recently discovered to his chagrin that an element of the county business plan for the Boulevard prohibits take out food joints where he wants to open Muzo's Grill to sell hot dogs and sausage links.

It's a mess, as Patch explains in a story about the situation: Michieli says a county official initially okayed the project; he spent thousands of dollars to open Muzo's Grill; then he ran into the no-take-out-food rule and got shut down.

Michieli lays out his case in this video. He is joined by his daughter Taylor, 17, and her friend Lisa Nikssarian, 17, who hope to work at Muzo's.

It's not over yet.

County officials are working with Michieli to solve the impasse.

Here's what we know so far.

We'll update that story when we can.

What's your take?

 

x December 21, 2012 at 12:28 pm
Nah, I'd rather see the vacant run down store front with nothing in it.
Seriously though, let him open the darn thing. I think it would be a great little stand for the community. No take out on the blvd? Is it because there is no in-door seating? Doesn't fenced in property area with a single picnic table fit under the dine-in rule? Every restaurant on the blvd does take out, especially Chipotle right across the street! As long as the building is up to code and the food is fresh, I say "TWO LOADED DOGS, PLEASE!"
S.T. Bolt December 21, 2012 at 12:29 pm
What a DUMP! Millions of dollars spent on re-development and this barely standing piece of junk is left standing? No permits, no power, and now its the County's fault?
Oh Please!
RB December 21, 2012 at 02:53 pm
If that’s the law then it should apply to everyone. If the county is truly trying to discourage take out, why within a 2 block radius, is there three fast food restaurants with drive thru windows, 3 sandwich shops, and a pizza take out (with no dine in option that I can recall) .. just to name a few?
The difference is that all these other establishments have a national brand behind them with money, influence, & legal horse power. If the plan is for no take out on the Boulevard, fine, get rid of it …. ALL of it. Otherwise, give a local independent businessman a fair shake. BWT – I’ll take 2 with grilled onions .. To GO !
Trish Murillo December 21, 2012 at 03:06 pm
Bolt ..do not judge a book by its cover is a good analogy here!! FYI the outside and patio r not done yet and the inside is...and it is beautifully tiled and brand new state of art fire and cooking equipment... Really?! It has all permits and power..go to Muzo FB page to find out more. People should go in before the post crap.... and I ate he best grilled chicken mushroom sandwich there!!!!!
Rob Phillips December 21, 2012 at 03:12 pm
It's hard not to feel sorry for the owner as he was led by the county to believe he could open his business. He should be compensated for his losses. That being said, this is another example of the legacy of bad planning and zoning variances granted in Castro Valley that need to be cleaned up. To spend millions on a purely cosmetic streetscpare project and leave plywood takeout stands and cheezy travel trailer parks on Main St. is ridiculous. When there was a redevelopment agency and funds available they should have been used long ago to take over these properties through eminent domain and the funds used to buy out the owners. Then, and only then would a streetscape project make any sense. Attempting to buy out a perfectly good empty department store was misguided. They would have done much better to buy out this hot dog stand. But then again, Castro Valley gets what it deserves when you continue to reelect Nate Miley and let him appoint his friends, flunkies and incompetants.
Brendalyn Bilotti December 21, 2012 at 03:13 pm
I think he should be able to open his business. Castro Valley Blvd should be bussling with people and businesses...We have so much empty space...I say let him do it!
Gary Allsebrook December 21, 2012 at 04:45 pm
What Castro Valley REALLY needs are some decent restaurants that don't serve the tasteless gruel that all of the others here serve (El Chipolte excepted). This is not meant to be a comment about Muzo's specifically. How about an Uno Mas. The blue hairs, with no taste buds, are keeping these dumps alive.
Paul Davis December 21, 2012 at 04:53 pm
Nate Miey is an imbecile ... He's a lazy, fence riding son of a bitch... He needs to go!...
x December 21, 2012 at 05:34 pm
I've been saying (for years now) that C.V. needs more food options that don't stink.
I really wanted a better burger joint, and now there's BLVD. I've been talking about a hotdog/sausage joint, and look ... someone wants to open one. I'd like to add a shishkabob specialist to this list please. Side note (and more on the articles main topic): What if Muso's had a small sunroom attached for seating, or even just a covered patio on the side? Nothing crazy big, but just large enough to have a couple of tables of something. Would that allow the business to open? I can't see it being the "no take-out" only thing stopping it. There are several places already here with take-out but have dining available as well with the exception of that pizza place in the Lucky's shopping center that you take home to cook yourself.
Ken Martin December 21, 2012 at 06:03 pm
This is just another example of Miley's quasi dictatorial regime (along with the other supes) and the county's anti-business stance. Castro Valley should have more decent restaurants but is seems like every business that tries to establish itself here runs into a plethora of roadblocks in the form of county regulations. If the county is really concerned about take out food, they should shut down Burger King, MacDonald's, KFC, Jack in the Box,etc. It seems that the county rules are very "flexible" and depend on who you are. It's no wonder that businesses are closing here and there are no replacements are moving in.
Duke December 21, 2012 at 06:37 pm
Bolt:
That’s a cheap shot! Apple Computers was started in the garage of an old house .... KFC (Kentucky Fried Chicken to those of us over 40) started in gas station, Knotts Berry Farm stared as an open air road side stand …. Who knows where this will go or what it could do for the community. Of course this business needs to comply with permits , heath codes , etc – that’s a given. I think the county would make issue of those issues long before shutting it down over the “take out” issue. The way I see it - We are where we are. It was the county that orchestrated the whole re-development process and left this place “front & center” on The Boulevard. Would you rather see someone clean it up & try to make a go of it – or – an abandoned, run down, boarded up eye sore ?
Carly December 21, 2012 at 07:14 pm
This is ridiculous.
That little space has been there my whole life. Franks Footers. Carry Outee. Just to name a couple. I was very happy to see someone purchase it and give it the proper dignity. I am sorry about the underhanded move being pulled here by the county. Here's my idea. Mr. Michieli should consider changing the place to a container shop, eco friendly of course, and give a free hot dog with the purchase of the container size of choice. Buy a size #1 for $5 (which could hold, oh, say, a hot dog and chips, should the purchaser want to make use of it that way). So, you see, he would be playing by the rules. It's not a take out place, it would be a Container Shop. Good Luck Mr. Michieli. I hope things work out for you. And I hope Alameda County will help the community preserve this place and it's rich history in Castro Valley.
Rai W. December 21, 2012 at 08:36 pm
If no take out is the rule then why do we have so many pizza, burrito shops and Chinese food places when the majority of their business are deliveries and carry out. Just because you stick a table in the corner doesn't make it a restaurant. If that is the case, then he should be able to stick a bench there and call it an outdoor restaurant.
Besides, with all the hope that there will be more pedestrians on the street, what better option that to have a walk-up food stand. If that was not the hope, then why did CV spend so much money on pretty sidewalks?
Gayle December 21, 2012 at 08:56 pm
This is utterly ridiculous! Typical government maneuvering and mishandling of a situation, a.k.a., total incompetence. Nate Miley and his cohorts should be ashamed.
Let Mr. Michieli open his business! As a person with many years experience in the catering industry, I must say the remodeled kitchen looks very clean and functional. Mr. Michieli did a lot of work on the place and it shows. I plan to line up for a TO GO order when Muzo's reopens!
Ken Briggs December 21, 2012 at 09:11 pm
so how did he get any permits to begain with ? looks like someone screwed up . so have the county pay back all funds and then state what can go into the place or have the owners tear the place down .
Sandy December 21, 2012 at 09:16 pm
I loved the dogs and like that there is a small take out place to go to after catching a moving on the blvd. Please join me in supporting Mark
Sandy Cortopassi
Sandy December 21, 2012 at 09:16 pm
Movie
x December 21, 2012 at 10:32 pm
Just re-watched the video. He does have tables and chairs outside in the closed in courtyard. He's also doing his part in a clever recycle move by reusing large cabling spools as tables. Looks like the ones they used for the new cabling currently under the BLVD.
Maybe it's as simple as relabeling yourself outdoor dining as Rai W. stated above, instead of calling yourself "take-out". I'd love to see Mr. Michieli respond to this Patch post himself to shed some light on what's going on. Maybe as a community (as a whole) something can happen.
Bergie December 21, 2012 at 10:49 pm
Gee, everyone is pointing to County government as the "bad guy," yet no one wants to seize control of our own destiny and incorporate. The closer and smaller gov't is, the more responsive it is.
x December 22, 2012 at 12:39 am
Okay, so every time I come back to this article I notice something new. 1st of which is that there are 3 different Patch articles that have current posts being posted to them. 2nd, on the link above to (http://sanleandro.patch.com/articles/local-man-s-christmas-wish-let-me-sell-hot-dogs#photo-12653715), it clearly shows Mr. Michieli jumping ahead of the county and spent "upwards of $30,000.00".
Full steam ahead Even though building officials would not issue him permits, Michieli said he fixed the sink, replaced the water heater, retiled the store and painted the exterior. He obtained a business license on November 7 and opened Muzo's on a trial basis a few days later during the "Meet in the Street" festival that celebrated the completion of the upgrades to Castro Valley Boulevard. "Customers loved the place," Michieli said. He also opened Muzo's over the Thanksgiving weekend. (The businessman, who says he's already sunk upwards of $30,000 into the project, balked at this additional expense.) Looks like spending an additional $1500.00 may or may not get the county to waive the grandfather clause preventing any new building or building left vacant for longer than 30 day to be used for walk-up or drive-up food buildings. If Burger King or any other on the BLVD were to close and no new restaurant picked up the building in 30 days or less, we would lose that building as well.
Bob Swanson December 22, 2012 at 09:08 pm
Hi Folks,
Mr. Michieli came to Supervisor Miley’s office and spoke to Kriss Kokotaylo who has been researching this issue with Planning, Fire, Environmental Health and the Public Works Building Department. The building Mr. Michieli chose for his business is quite old and rundown. It is my understanding, at this time, that this building was red tagged for safety issues previous to Mr. Michieli opening. No one is allowed to open a business in a building that is red tagged. Some years ago Castro Valley Business owners and citizens came together in a public venue with the County Planning Department and created a “Specific Plan” for the CV downtown. This plan governs what can and cannot me done in the CV business district. Unfortunately this business does not conform to the plan. It may be possible to change the plan through a public process. It may be possible to obtain a variance. All possibilities are being looked into. Bob Swanson Supervisor Nate Miley’s Office
Paul Nowak December 22, 2012 at 11:48 pm
Hang in there Marc,
You have so much community support, it will be just a matter of time when the county will let you open up and sell hot dogs! So many people in our community have been patiently waiting for someone like you to step up and get that little shack back up and running again... Your idea is what we old timers miss about our Castro Valley. We just ask that it meets the Building & Health codes and "Looks good" on the outside as well as the inside. We will and do support you in getting your shop open! Best of luck to you. I Can barely wait for a Polish w/ mustard & onions!
Russell Leavitt December 23, 2012 at 04:39 am
Detrimental reliance:
- A promise was made. - Relying on the promise was reasonable or foreseeable. - There was actual and reasonable reliance on the promise. - The reliance was detrimental. Mr. Michili may have a good case! - Injustice can only be prevented by enforcing the promise.
Nancy Pascale December 27, 2012 at 07:27 am
we do have Kaspers (Caspers) altho it is not the same anymore, going downhill big time.

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