FOOD TRUCK ACTIVITIES LOCATED ON PUBLIC RIGHT-OF-WAY.
Raleigh City Code § 12-1024.1
in effectSec. 12-1024.1. - FOOD TRUCK ACTIVITIES LOCATED ON PUBLIC RIGHT-OF-WAY.
(a) Definitions.
Food truck means a licensed, motorized vehicle or mobile food unit licensed by the NC State Division of Motor Vehicles and as authorized by N.C.G.S. 130A-247 et seq. which is temporarily stored in a location where food items are sold to the general public. A food truck hasan unloaded gross vehicle weight between three thousand nine hundred (3,900) pounds and sixteen thousand (16,000) pounds.
Defined locations means five (5) distinct areas within the City of Raleigh: 0—199 blocks of South State Street between New Bern Avenue and West Hargett Street; 0—199 Blocks of Polk Street between North Wilmington Avenue and North Blount Street; 400 Block of West North Street between Harrington and North West Street;; and the blocks bounded by West Hargett Street, South West Street, West Davie Street and South Dawson Street.
Permit holder means any person who holds a current food truck permit.
Permitted parking space means the location identified by the City in the approved food truck permit.
Vendor means any person who owns, operates or manages a business that uses or applies for a food truck permit.
(b) Right-of-Way Use Limited, Permit Required.
1. No food truck may utilize the right-of-way to serve customers without obtaining a permit for food trucks within the right-of-way. This shall not apply to special events approved by the City.
2. A vendor may obtain a permit to serve customers from the right-of-way, provided all standards identified in this section are met. If demand for food trucks exceeds available parking spaces within the defined locations, the City may utilize a lottery system to award the permits.
3. A completed permit application must be submitted to the City. The permit application shall be accompanied by all required elements listed on the application and the submittal fee, as indicated in the City of Raleigh Fee Schedule.
4. The vendor must possess a valid insurance policy through an insurance carrier authorized or eligible to do business in the State of North Carolina for any damage to the public right-of-way and for any damages for which the City might incur liability because of property damage or personal injury arising out of the use of the public right-of-way. The minimum liability limit of the policy shall be one million dollars ($1,000,000.00). The City of Raleigh shall be listed as an additional insured as its interests may appear on all Certificates of Insurance.
5. The vendor shall hold the City, its officers, councilors and employees harmless and indemnify them for any loss, liability, damage and costs and expenses arising from its operations.
(c) Right-of-way Eligible for Food Truck Service.
A food truck providing service from the right-of-way must meet all of the following standards:
1. The food truck may only be parked within the permitted parking space within the defined locations.
2. All food trucks must be situated to allow at least five (5) feet of unobstructed space for pedestrians on sidewalks, pedestrian paths and other locations intended primarily for pedestrian travel. If any applicable law, including Americans with Disability Act regulations, shall require a greater distance, the greater distance shall apply.
3. The food truck shall not be located within one hundred (100) feet of the main entrance of any restaurant, any outdoor dining space, or any fixed location or City-permitted pushcart business of a competing nature. If a restaurant subsequently locates within the minimum spacing requirement, the food truck may operate until the food truck permit expires.
4. No food truck may be parked in a location that prohibits or restricts access to a private property. A minimum five (5) foot spacing is required from any driveway, measured from the driveway apron.
5. The food truck must be located at least five (5) feet from any utility box, utility vault, handicapped ramp, or emergency call box. The food truck must be located at least fifteen (15) feet from a fire hydrant.
6. The food truck operator must dispose of all waste associated with the food truck operation. City receptacles may not be utilized for this purpose. No liquid waste or grease may be poured into any tree pit, storm drain, gutter pan, sidewalk or any other public space. Grease cannot be released into the City's sanitary sewer system. The food truck operator shall make available hand sanitizer to its customers.
7. Once a permit has been granted by the City, a food truck may operate within the permitted parking space on every day of the week from the hours of 10:00 a.m. to 10:00 p.m. The food truck may not operate or park within the permitted parking space before 10:00 a.m. and must cease operation and leave the permitted parking space by 10:00 p.m. Permitted hours for operation for any specific parking space shall be listed in the applicable traffic schedule, as adopted by the Council.
8. The food truck operator shall not utilize tables, chairs, free-standing signage or audio amplification in conjunction with the food truck. All equipment shall be contained within or on the food truck.
(d) Suspension of Permit.
1. The City reserves the right to require any permit holder to cease part of all of its operation, or remove the food truck from the permitted parking space in order to allow for construction, maintenance or repair of any street, curb, gutter, sidewalk, storm drain inlet any other similar municipal utility.
2. The food truck operator must comply with all other applicable local, state and federal regulations. Any food truck operated in a manner inconsistent with these regulations is illegal.
3. If a food vending permit is revoked by the issuing County entity, the City's food truck permit shall also be revoked.
4. The City may temporarily suspend the permit to maintain the health, safety and welfare of the public. The City may temporarily suspend the food truck permit when the street is closed for a special event.
5. If at any time evidence of the improper disposal of liquid waste or grease is discovered, the food truck permit will be rendered null and void and the food truck business will be required to cease operation immediately.
(e) Enforcement.
1. Civil Penalties.
a. Violations of any of the provisions of this section will result in the following civil penalties:
i. First offense in any twelve-month period .....$100.00
ii. Second offense in any twelve-month period .....$500.00
iii. Third offense in any twelve-month period .....Permit revocation
b. The City Manager or the Manager's designee may issue a notice of violation assessing civil penalties. The notice shall be issued in writing and shall set forth with reasonable specificity the basis for the civil penalty. The notice of violation shall be served by registered or certified mail, or by personal service. When service is made by registered or certified mail, a copy of the notice may also be sent by first class mail. Service shall be deemed sufficient if the first class mail is not returned by the Post Office within ten (10) days after the mailing. Refusal to accept the notice shall not relieve the violator of the obligation to pay the penalty.
c. The notice of violation shall contain a time period by which the violation must be corrected. From and after the date specified in the notice, each subsequent day that the violation continues in existence shall constitute a separate and distinct offense subject to additional civil penalties.
d. If a person fails to pay any civil penalty within thirty (30) days after the decision becomes final, the City may recover the penalty, together with all costs allowed by law, by filing a civil action in the General Court of Justice in the nature of a suit to collect a debt.
2. Administrative Fee.
Any person who violates this article shall pay an administrative fee of one hundred dollars ($100.00) per violation.
3. Other Remedies.
In addition to civil penalties and permit suspension, a violation of this division is a misdemeanor and may also be enforced through injunctive or other equitable relief, or a combination of remedies.
4. Appeals.
a. A party aggrieved may appeal any decision under this section to the City Manager within fifteen (15) calendar days after the contested decision. An appeal must be made in writing and shall contain the reasons supporting the appeal and any evidence that supports it. The person appealing may review the evidence that is the basis of any suspension or violation during the City's normal business hours. The City Manager or his designee shall review the information provided and shall issue a written decision determining whether a violation has occurred.
b. After receiving a determination from the City Manager or his designee, a party aggrieved may appeal to the City Council within twenty-one (21) calendar days after the City Manager's decision (or the decision of his designee) was mailed. The scope of the City Council's review shall be limited to verifying the facts supporting a written decision or Findings of Fact made on a suspension. If the City Council finds that the facts as found are correct, the civil penalty, administrative fee, or suspension shall not be disturbed.
(f) Termination or Amendment of Streetside Vending.
The City Council may amend, revise, or terminate streetside vending by ordinance duly enacted. The City shall retain the entire fee paid for the permit by the permit holder; no refund shall be issued to any food truck permit issued that is no longer valid because of an amendment, revision, or termination.
(Ord. No. 2016-555, §1, 3-15-16, eff. 5-14-16; Ord. No. 2018-857, §1, 6-19-18, eff. 6-24-18; Ord. No. 2019-949, §1(Att.), 6-4-19, eff. 7-1-19; Ord. No. 2021-189, §1, 2-2-21)
Source: City of Raleigh, North Carolina, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nc/raleigh/codes/code_of_ordinances?nodeId=DIVIICOGEOR_PT12LIRE_CH1STPUWA_ARTBSTUSCL_S12-1024.1FOTRACLOPURI-WFetched: 11/1/2026