Thomas Robinson, the CEO of the Robinson Oil Corporation, believes there's a double standard emerging from a 1985 ordinance that prohibits gas stations in San Jose from selling food or alcohol, with the city allowing larger companies like Costco and Safeway—who specialize in groceries—to sell gasoline.

Robinson's corporation owns and operates the 28 Rotten Robbie gas stations and convenience stores—10 of which are in San Jose, and one on Lincoln Avenue. Many of these Rotten Robbies as well as other gas and convenience stations were established before the 1985 moratorium and so were grandfathered in and not affected.

But in a letter Robinson sent in late April to the city's Driving a Strong Economy Committee, he asked that the city re-evaluate the ordinance since it seemed to favor one retailer over another.

San Jose District 9 Council member Judy Chirco, who is a committee member, agrees.

"It seems fair to have a level playing field for convenience store retailers," she said. "How can you tell some people they can sell groceries and gasoline and others they can't?"

District 4 Council member Chuck Reed also believes the ordinance needs a second look, especially since he says Robinson isn't the only business owner to bring this up, just the most recent.

"People have brought this up several times before about changing the current policy," Reed said. "I think there are potential problems whenever you're selling anything as a retail business with late hours, such as kids hanging around, noise and increased traffic, but an outright ban in not a viable option."

Among the reasons the council created the moratorium in November1984, and later an official prohibition in June 1985, was that too many gas stations were doubling as convenience stores selling grocery items, food and alcoholic beverages. The council was also concerned that prominent intersection located near residential areas combined lack parking spaces, which posed potential traffic problems. And that the gas stations selling beer and wine would attract customers from outside the neighborhood leading to potential crime.

California State Law prohibits cities or counties from selling food, gas and alcohol at the same location. But San Jose passed its ordinance in June 1985— just a month ahead of the state's August 1985 law—which prohibited gas stations opened in San Jose after 1985 from selling these items

Although Robinson felt the ordinance was negative for his business and for others when passed, it was only recently that he decided to take the matter up with the city.

"It's always challenging to decide to fight city hall," Robinson told the Willow Glen Resident. "In the past we didn't, but what got us concerned was that last year Costco began selling gasoline."

Robinson's letter to the committee cited that the city's Director of Planning Stephen Hasse said that Costco can sell gas and groceries because it subdivided its location into two parcels: selling gas at one, groceries at the other, creating an immunity to the city's ordinance.

That still gives Costco an unfair advantage, Robinson argues, and so far Chirco and Reed agree.

But Chirco asked the committee at its April meeting for crime statistics associated with service stations doubling as convenience stores. City staffers responded in a city memo that said repealing the ordinance would probably have little affect on crime behavior.

Repealing the ordinance would allow current gas and service stations to become partial convenience stores, and Robinson said if the ordinance is appealed he might expand or add additional Rotten Robbies stations/convenience stores in San Jose.

But at the present time he's just concerned for his stations' survival and ability to compete with Costco.

But the mangers of two gas and convenience stores in Willow Glen aren't too concerned about the latest competition, since the businesses were grandfathered in in1985.

"There's not much I can do," said Young Kim, who has managed the Meridian Arco AM/PM Minimart on Meridian Avenue since August 2002.

Roseanne Ramirez, who manages the Rotten Robbie on Lincoln Avenue, also isn't concerned about the ordinance but understands Robinson's argument.

"I can see how we should be able to compete with Safeway and Costco," Ramirez said.

Robinson said "Costco and Safeway can sell gas to compete with us but we can't sell groceries to compete against them. It's not right and it's not fair."

The issue will come before the San Jose City Council on Aug. 26 at 7 p.m. The city council meets in council chambers 801 N. First St, and the public is welcome to attend.