(a) Findings and intent.
(1) Allowing food truck businesses to operate in Surf City promotes diversification of the town's economy and employment opportunities. Food trucks support the incubation and growth of entrepreneurial/start-up businesses.
(2) N.C.G.S. 160A-174 grants towns the power to define, prohibit, regulate, acts, omissions, or conditions, detrimental to the health, safety, or welfare of its citizens and the peace and dignity of the town through the creation of ordinances.
(b) Definitions. The following definitions apply to this article:
Food truck means a readily movable trailer or motorized wheeled vehicle, currently registered with the N.C. Division of Motor Vehicles, designed and equipped to serve food is governed by the N.C. Department of Health & Human Services, is subject to the regulations of the 15A NCAC 18A.2600, as amended.
Food cart means a readily moveable trailer or motorized wheeled vehicle, currently registered with the N.C. Department of Motor Vehicles designed and equipped to serve food, is governed by the NCDA&CS and is subject to the regulations of the 21 CFR 117 Subpart B, as amended.
Regulatory fee means fee assessed to cover the cost of regulating a particular business activity that is assessed to the particular business being regulated.
(c) Permitting.
(1) A valid permit shall be required to operate a food truck or food cart within the corporate limits. A regulatory fee as adopted in the schedule of fees shall be assessed to cover the costs associated with regulation of food trucks and food carts. All food truck or cart operators shall obtain an annual permit from the town manager or their designee.
(2) A food truck permit shall be valid one year from the date the permit is issued. This permit shall be produced upon request by any town representative.
(3) Food truck or food cart operators shall have written approval of the hosting business owner or operator at any location at which the food truck operates. This approval shall be produced upon request by any town representative.
(4) Food trucks shall provide documentation of approval from the North Carolina Department of Health or North Carolina Department of Agriculture and Consumer Services, a valid NC registration for all vehicles used in the operation of the truck or cart. A copy of their valid driver's license and proof of insurance. A valid health permit or most recent notice of inspection must be maintained for the duration of the food truck permit and shall be placed in a conspicuous location for public inspection.
(5) A food truck or food cart permit does not include peddler, solicitor, or transient vendor as defined by the town code.
(6) No permit issued shall authorize a food truck or food cart to operate on or from a public street.
(d) Regulations. Food trucks and food carts shall be allowed to operate on the premise of a business or commercially zoned property. Ice cream/shaved ice retail from motor vehicle shall be allowed on interior subdivision streets only. No vendor shall operate on Highway 210, Highway 50, North Shore Drive, South Shore Drive, or North Topsail Drive. Audible music cannot be played while on the above streets within the corporate limits.
(1) The food truck or food cart shall be positioned at least one hundred (100) feet from the customer entrance of an existing restaurant during its hours of operation, unless the food truck or food cart operator provides documentation that the restaurant owner supports a closer proximity.
(2) A trash receptacle shall be provided for customers. All associated equipment, including trash receptacles, must be within three (3) feet of the food truck or cart.
(3) Temporary connections to municipal sewer and water are prohibited. All electrical connections shall be in accordance with the State Building Code.
(4) Food trucks and food carts shall only operate on private property, unless they are part of a town approved special event.
(5) No food truck or food cart shall conduct business on any public right-of-way, sidewalk, upon any public road in the town, or any property owned by the town; except for town approved special events.
(6) No food truck or food cart shall occupy parking spaces required to fulfill the minimum requirements of the principal use, unless the hours of operation of the principal use do not coincide with those of the food truck or cart.
(7) No liquid, grease or solid wastes may be discharged from the food truck or food cart. Absolutely no waste may be disposed of in tree pits, storm drains, the sanitary sewer system or public streets.
(8) Food trucks must have the following fire extinguisher on board during hours of operation: minimum Class 2A, 10B, and C rated extinguisher. A food cart is at minimum of Class 2A fire extinguisher on board during its hours of operation. If food preparation involves deep frying, a Class K fire extinguisher must also be on the truck. All National Fire Protection Association (NFPA) standards shall be met to include fire extinguishers and fire suppression hood systems shall be maintained. This provision shall be enforced by the town fire marshal or his/her designee.
(9) A food truck or food cart vendor shall not operate the food truck or cart as a drive-thru window.
(10) Lighting shall be such that minimizes the glare on roadways and surrounding properties.
(11) No signage shall be allowed other than signs permanently attached to the motor vehicle and one temporary sign may be permitted in accordance with the temporary sign standards in Section 6.7, Appendix A Zoning.
(12) The noise level from the food truck or food cart shall comply with the municipality's noise ordinance.
(13) No vendor shall remain on site at one property for more than twelve (12) hours in a twenty-four (24)-hour period, unless the property is owned by the food truck or food cart operator and is the site of a brick-and-mortar restaurant owned by the same individual(s) who utilize the location as the truck or cart's commissary kitchen.
(14) Food trucks or food carts shall be positioned at least fifteen (15) feet away from any fire hydrants, any fire department connection, utility box or vault. The food truck or food cart shall not be located within any area of the lot that impedes, endangers, or interferes with pedestrian or vehicular traffic. A food truck shall not impede ingress and egress from driveway entrances, handicapped parking spaces and ramps, building entrances and exits.
(e) Suspension and revocation of permit.
(1) The permit issued for the food truck business may be revoked if the vendor violates any of the provisions contained in this article.
(2) The town manager or their designee may revoke a permit if he or she determines that the food truck vendor's operations are causing parking, traffic congestion, or litter problems either on or off the property where the use is located or that such use is otherwise creating a danger to the public health or safety.
(3) The town manager reserves the right to temporarily suspend food truck permits during times of special events.
(f) Unpermitted food trucks.
(1) Food truck or food cart owner and or operator found to be operating without a permit shall be assessed a fine of one hundred fifty dollars ($150) and shall immediately cease operations until a valid permit is obtained.
(2) The business operator or owner hosting the food truck shall be assessed a fine of one hundred fifty dollars ($150) per non permitted food truck.
(3) Any food truck with an outstanding fine will be ineligible to obtain a food truck permit until the fine is paid.
(4) Any business with an outstanding fine will be ineligible to host food trucks until the fine is paid. Any additional food trucks hosted prior to the payment of the fine will result in an additional one hundred and fifty dollars ($150) fine per incident.
(Ord. No. 2018-19, 12-4-18; Ord. No. 2021-16, 10-5-21)