The intent of this section is to establish rules related to the location and operation of food trucks within the village and the extraterritorial jurisdiction (ETJ).
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CO-OP ADVERTISING. Advertisement attached to or part of a vehicle that advertises anything other than the principal use and business of the vehicle.
FOOD TRUCK. A licensed, motorized vehicle or mobile food unit that is placed upon any premises within the village and the ETJ for the purpose of selling food items to the general public.
IMPROVED INDIVIDUAL PARCEL/MOBILE FOOD SITE. Any improved individual parcel where mobile food vending is permitted to occur.
MOBILE FOOD VENDING. Commercial food service sales conducted through use of a food truck.
(B) Regulation of mobile food vending.
(1) Food trucks are permitted to operate in accordance with the rules and regulations set forth herein for a maximum of up to 45 calendar days within a calendar year period. Food trucks are permitted to be located only in the Resort Commercial District, Commercial Business District, and Multiple Use Districts, but shall not be visible to the motoring public traveling on N.C. Highway 184. Except as expressly permitted in this section, food trucks are prohibited within the jurisdiction of the Village of Sugar Mountain.
(2) No food truck shall be permitted to operate within the jurisdiction of the Village of Sugar Mountain unless it has obtained a permit in accordance with the terms of this section and provided to the village written permission from the applicable property owner at the time of application.
(3) Operation of a food truck shall only occur upon a paved parking area. The location of a food truck must be at least ten feet from the edge of any property lines or right-of-way in relation to the property, unless the adjoining property owners agree to a lesser limit.
(4) All food trucks shall be connected to a permanent power source. The use of electric generators in relation to mobile food vending is allowed without a permanent power source when the generator is an integrated part of the food truck and noise regulation is no more than 60 dBA at 50 feet. Operation of a generator in a manner that exceeds a level of 60 dBA at 50 feet is prohibited.
(5) Food trucks shall locate trash receptacles and any other amenities being offered within ten feet of the truck. Vendors shall remove any items placed by them upon leaving each night. No outdoor storage shall be allowed. Trash shall be removed each night and village trash receptacles shall not be used by a mobile food vendor for purposes of waste disposal.
(6) Food trucks shall not be allowed to use amplified speakers, microphones, or bullhorns as part of their mobile food vending.
(7) All mobile food vendors shall obtain and maintain a permit from the County Health Department and keep such posted in a conspicuous place during hours of operation.
(8) Free-standing, temporary, sandwich board signage and co-op advertising is prohibited unless co-op advertising is related to the nature of the items the food truck is using and selling.
(9) The hours of operation for a food truck shall be limited to the hours between 6:00 a.m. and 11:00 p.m. Food trucks may not remain after hours upon the premises for longer than four consecutive days.
(10) Food trucks are not allowed within ten feet of a fire hydrant or fire escape. Food trucks shall not be allowed to block driveways, sidewalks, utility boxes, handicap ramps, access to loading/service areas, emergency access or fire lanes, building entrances or exits, tree trunks, or parking spaces.
(11) Operators must be present at all times during hours of operation.
(12) A food truck shall not operate as a drive-through window.
(13) No mobile food vending shall cause parking problems, traffic congestion, litter problems, or be used in a manner which creates a danger to public health or safety.
(Prior Code, Ch. 1 Art. IX § 906) (Ord. O-2021-14, passed 9-21-2021) Penalty, see §
10.99