AGENDA ITEM

Meeting: Regular Town Council - 10 Apr 2018

Prepared By: Ed Parvin
Department: Planning

Amend Chapter 14 to create allowances for Food Trucks in

nonresidential zoning districts.

BACKGROUND: Historically the Town has allowed food trucks under the guise of
itinerant merchants. Itinerant merchants were not specifically
designed for food trucks and the use of this code is an interpretation
by staff. The Planning and Zoning Commission (PZ) requested staff
provide an overview of how the itinerant merchant ordinance
incorporated this allowance. Staff gave this overview at the January
PZ meeting. PZ was interested in making some changes to the current
code to clarify several things:
1. Clearly distinguish the allowance for food trucks. Staff has
completely separated food trucks from itinerant merchants so there
is a clear code allowance and unique criteria for each.
2. Ensure there is a corresponding eating and drinking establishment
on the island that supports the food truck. This has been
incorporated under (d)(1).
3. Utilize Wilmington and other coastal communities to help devise
criteria for our food truck code. Staff looked at Wilmington and
several other coastal communities. See attached analysis.
4. Clarify the permitting and approval process. Staff removed the
requirement for a site plan. Instead, approval is required from the
property owner where the food truck is proposing to locate. In
addition, staff has included specific parameters for the truck to meet
once on-site. These parameters were taken from TRC, Wilmington
and other beach communities.

ACTION REQUESTED: Actions for consideration: 1. Motion to approve Ordinance number

18-1078 as drafted; 2. Motion to approve Ordinance number 18-1078
with changes (list changes); 3 Motion to deny this ordinance.

COMMITTEE TRC unanimously recommended approval of Ordinance number 18-

RECOMMENDATION: 1078. The Planning and Zoning Commission heard this item at their
March 8, 2018 regularly scheduled meeting and unanimously
recommended approval with no changes.

ATTACHMENTS: Food Truck ordinance

Food Truck Ordinances Summary
food trucks ppt
 Food Trucks

ORDINANCE NO. 18-1078

Amend Chapter 14 to create allowances for Food Trucks in nonresidential zoning districts.

Sec. 14-210 - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Aggressive manner means and includes, without limitation, the following conduct:
(1)  Intentionally or recklessly making any physical contact with or touching another person in the
course of the solicitation without the person's consent;
(2)  Following the person being solicited, if that conduct is intended to or is likely to cause a
reasonable person to fear imminent bodily harm or the commission of a criminal act upon
property in the person's possession, or is intended to or is reasonably likely to intimidate the
person being solicited into responding affirmatively to the solicitation;
(3)  Continuing to solicit within five feet of the person being solicited after the person has made a
negative response, if continuing the solicitation is intended to or is likely to cause a reasonable
person to fear imminent bodily harm or the commission of a criminal act upon property in the
person's possession; or is intended to or is reasonably likely to intimidate the person being
solicited into responding affirmatively to the solicitation;
(4)  Intentionally or recklessly blocking the safe or free passage of the person being solicited or
requiring the person, or the driver of a vehicle, to take evasive action to avoid physical contact
with the person asking the solicitation;
(5)  Intentionally or recklessly using obscene or abusive language or gestures intended to or likely
to cause a reasonable person to fear imminent bodily harm or the commissionof a criminal act
upon property in the person's possession; or using words or gestures intended to or reasonably
likely to intimidate the person into responding affirmatively to the solicitation;
(6)  Approaching the person being solicited in a manner that is intended to or is likely to cause a
reasonable person to fear imminent bodily harm or the commission of a criminal act upon
property in the person's possession; or
(7)  Is intended to or is reasonably likely to intimidate the person being solicited into responding
affirmatively to the solicitation.
Automated teller machine means any device or machine, linked to a financial institution's account
records, which is able to carry out transactions, including, but not limited to: account transfers, deposits,
cash withdrawals, balance inquires, and mortgage and loan payments, and includes an automated
banking device as defined by G.S. 14-113.8(1a).
Automated teller machine facility means the area comprised of one or more automatic teller
machines, and any adjacent space which is made available to customers of such machines during and
after regular business hours.
 Beachfront Cove means the landscaped area directly east of the oceanfront boardwalk and west of
the property addressed as 11 Boardwalk Avenue.
Beachfront stage means the oceanfront stage located east of and directly connected to the wooden
boardwalk.
Cape Fear FEMA lot means the lot on the northwest corner of Canal and Cape Fear Boulevard that
was purchased by the town with grant funding from FEMA.
Charitable solicitations means any nonitinerant person or persons who offer goods or other items for
sale or services rendered or who solicit contributions for the benefit of civic or religious organizations or
purposes within the community and not for the private benefit of the solicitor(s).
Intimidate means any conduct which would cause a reasonable person to fear imminent bodily harm
or the commission of a criminal act upon property in the person's possession, and causes the person to
do something he would not otherwise have done.
Itinerant merchants means a commercial business that provides services, goods for sale and/or
items for rent for up to 180 days per calendar year.
Municipal beach strand means all areas east of the north end rocks and/or first line of stable
vegetation; south of Freeman Park; and north of Kure Beach.
Peddler means any person who transports goods from place to place and sells or offers for sale such
goods, or who, without traveling from place to place, sells or offers for sale any goods from any vehicle or
device, provided that any person who separates the acts of sale and delivery for the purpose of evading
the provisions of this article shall be deemed a peddler.
Performer means a person who plays a musical instrument, paints or draws portraits or caricatures,
performs acts of skill or otherwise performs or entertains, whether for pay, tips or free.
Person means an individual, firm, partnership, association, corporation, organization, or any other
group acting as a unit.
Public area means any area to which the general public has access, and includes, but is not limited
to, public streets, rights-of-way, alleys, roads, highways, sidewalks, driveways, bridges, parking lots,
parks, playgrounds, plazas, any property owned or operated by the city, streets open to the general
public, any buildings, premises or other structures open to the general public including the doorways and
entrances to other structures open to the general public including the doorways and entrances to other
such buildings, premises or other structures and the grounds enclosing them.
Solicit, beg or ask means to request an immediate donation of money or other thing of value from
another person, regardless of the solicitor's purpose or intended use of the money or other thing of value.
The solicitation, begging or asking may be, without limitation, by the spoken, written or printed word, or by
other means of communication.
Solicitor means any person who travels from place to place taking or offering to take orders for the
sale of goods for future delivery or for personal services to be performed in the future, whether or not
samples are displayed or money is collected in advance; and any person who uses or occupies any
building or premises for the sole purpose of taking or offering to take orders for the sale of goods for
future delivery or for personal services to be performed in the future, whether or not samples are
displayed or money is collected in advance.
Sundries means a consumable beach product such as water, sodas, or suntan lotion. Sundries shall
not include retail merchandise such as hats, sunglasses, and t-shirts.
Town gazebo means the eastern end of Cape Fear Boulevard that is east of the actual roadway
designed for vehicular traffic.
Transient vendor means any person who engages in a temporary business of selling and delivering
goods and who, for this purpose, uses or occupies any building or premises; provided that no person
shall be relieved from complying with the provisions of this section merely by conducting a transient
business in association with any permanently established merchant.
(Code 1986, § 8-46; Ord. No. 10-839, 6-22-2010; Ord. No. 13-907, 2-12-2013; Ord. No. 13-909,
4-9-2013)

Sec 14-21 – Food Trucks

(a) Findings and Intent

1. Allowing food truck businesses to operate in Carolina Beach promotes diversification of the
town's economy and employment opportunities. Food trucks support the incubation and growth
of entrepreneurial/start-up businesses,

2. North Carolina General Statute 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 city through the creation of ordinances.

(b) Definitions.

The following definitions apply to this article:

Food truck: A readily movable trailer or motorized wheeled vehicle, currently registered with the N.C.
Division of Motor Vehicles, designed and equipped to serve food.

Regulatory fee: A fee assessed to cover the cost of regulating a particular business activity that is
assessed to the particular business being regulated.

(c) Permitting
1. All food truck operators shall obtain an annual permit from the town manager or their designee,
unless otherwise exempted in this chapter. Permits shall be valid for a calendar year. This permit
shall be posted in a visible location on the food truck.
2. Food Truck operators shall have the signed approval of the property owner for each location at
which the food truck operates. This approval must be made available with the permit application.
Any additional sites must be submitted to the town for review/approval prior to being
implemented.
3. Food truck vendors shall provide documentation of approval from the health department of the
county in which the food truck's associated commissary restaurant is located.
4. Each food truck operator will be subject to an annual regulatory fee that will be assessed to cover
the costs associated with regulation of food truck businesses. The amount regulatory fee will be
reviewed and adjusted as necessary on an annual basis in the town’s rates and fees schedule. A
permit will not be issued until this regulatory fee has been paid.
5. The town permit and county health permit must be displayed during the food truck's hours of
operation.

(d) Regulations. Food trucks shall be allowed in all nonresidential districts with the following restrictions:
1. Prior to obtaining approval, the food truck operator shall maintain a eating and drinking
establishment for at least one year in the town. The eating and drinking establishment shall be in
a building and open at all times when the food truck operates.
 2. The food truck 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 vendor provides
documentation that the restaurant owner supports a closer proximity.
3. Food trucks shall not 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. Parking waiver allowances from chapter 40, zoning, may be applied.
4. Food Trucks shall be located no less than five (5) feet from any fire hydrant, sidewalks, utility
boxes, handicap ramps and building entrances. No fire lanes, vehicular access ways, or
pedestrian walkways may be obstructed or encroached upon by the food truck.
5. Food Truck operators are responsible for the property disposal of waste and trash associated
with the operation. A trash receptacle shall be provided for customers. Town trash receptacles
shall not be used for this purpose. Operators shall remove all waste and trash prior to leaving
each location or as needed to maintain the health and safety of the public.
6. All associated equipment, including trash receptacles and signage, must be within three (3) feet
of the food truck.
7. Temporary connections to potable water are prohibited. All plumbing and electrical connections
shall be in accordance with the State Building Code.
8. No amplified microphones or bullhorns shall be permitted as part of the food truck operation. The
noise level from the food truck motor and generator must comply with the town's noise ordinance.
9. Food Trucks shall not be permitted on publicly owned or leased property unless they are part of a
town approved special event.
10. Grease must be contained and disposed of in an approved grease receptacle located at the
associated commissary.
11. Grey water must be contained and disposed of in the sanitary sewer at the associated
commissary.
12. Food trucks must have the following fire extinguisher on board during hours of operation:
minimum Class 2A, 10B, and C rated extinguisher. 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.
13. A food truck vendor shall not operate the food truck as a drive-in window.
14. Lighting shall be such that minimizes the glare on roadways and surrounding properties.
15. 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 chapter 40,
zoning.

(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 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 in the downtown area.
Sec. 14-22. - Itinerant merchants.

(a)  Findings and purpose. It is hereby determined that:

(1)  An itinerant merchant shall be defined as the act of utilizing a property with temporary facilities
in order to conduct "commercial operations" herein defined as the display and sale of general
merchandise, goods, and services.
(2)  Prior to obtaining approval, the itinerant merchant shall maintain a primary business location in
the town for one year.
(3)  Commercial operations at the itinerant merchant location shall be limited to the same
commercial operations that are offered at the primary business.
(4)  The primary business shall be located in a building and open at all times when the itinerant
merchant is operating.
(5)  The purpose of the itinerant merchant allowance is to create a way for businesses to expand to
other properties on a seasonal basis.
(b)  Administration.
(1)  The town manager or their designee shall be the "official" with the primary responsibility for
those matters set forth in this section and enforcing the same through any applicable provision
of law. "Official" also includes any other person as may otherwise be designated by law as
having authority in a particular matter within the scope of this section.
(2)  A violation of an itinerant merchant permit shall result in a fine equal to the cost of the original
permit as defined in the town's annually adopted rates and fees schedule. The third violation of
an itinerant merchant permit shall result in the revocation of the permit. A new permit may not
be obtained until the next calendar year.
(3)  Administration procedures under article XI of this chapter shall also apply.
(c)  Permit requirements.
(1)  The approved itinerant merchant permit and any other required local, state, or federal
permitting shall be maintained on site at all times.
(2)  The itinerant merchant permit application shall include:
a.  Dates of operation.
b.  Types of goods for sale or lease, and/or any services provided.
c.  Name of property owner, business owner and itinerant merchant.
d.  A scaled drawing showing lot lines, existing buildings or structures, proposed
vehicles/trailers and any merchandise display areas, location and size of the public rights-
of-way, any on-site parking and proposed ground coverage. No part of the operation shall
be located in any required setback, site triangle, or required buffer.
e.  Proof that the property owner or designated agent (lessee) grants permission to locate the
itinerant merchant operation on the property.
f.  Show and/or provide proof of access to restroom facilities within 200 feet of the itinerant
merchant location.
g.  Copy of the itinerant merchant's contract to handle solid waste.
h.  Copy of vehicle/trailer registration(s).
 (3)  Expiration. Itinerant merchant operations shall be limited to 180 consecutive days per calendar
year. Each calendar year a new permit shall be required to be submitted and approved prior to
conducting itinerant merchant operations.
(d)  Conditions. Applicants shall provide a business plan that addresses all criteria required by this
section. The following standards shall apply:
(1)  Location.
a.  No more than one itinerant merchant shall be located on a lot.
b.  Itinerant merchants shall only be located in the following commercial districts: CBD, HB,
NB, T-1, MB-1, AND I-1.
c.  Separation requirements. Itinerant merchant vehicles/trailers shall be no less than 100 feet
from:
1.  The property line of another lot housing an itinerant merchant.
2.  The property line of another business providing similar services, or sales (i.e., food
sales, retail sales, beach items for rental, surf lessons, etc.).
3.  The zoning boundary of any residentially zoned property.
d.  All transactions and operations shall occur at the approved itinerant merchant location only.
No monetary transactions shall be allowed on public property outside of the approved
primary business or itinerant merchant location.
e.  Prior to obtaining approval, the itinerant merchant shall maintain a primary business
location for at least one year in the town. Commercial operations at the itinerant merchant
location shall be limited to the same commercial operations as are offered at the primary
business.
(2)  Public safety and nuisance prevention.
a.  Temporary connections to potable water are prohibited. All plumbing and electrical
connections shall be in accordance with the state building code.
b.  An itinerant merchant shall not operate as a drive-through.
c.  Any modifications to the lot shall require an amendment to the site plan for review and
approval from the town prior to being conducted.
d.  No exemptions from solid waste collection/disposal service. No merchant or occupant of
premises within the town shall be exempt from the collection and disposal service provided
by the town or its franchise.
(3)  Design.
a.  Registered vehicle/trailer. Itinerant merchants are required to operate out of a readily
movable trailer or motorized wheeled vehicle, currently registered with the state division of
motor vehicles, designed and equipped for the sales, rentals or services provided by the
itinerant merchant.
b.  Signage.
1.  Attached signs may be allowed that are permanently attached to the sides of the
registered vehicle and/or trailer; and
2.  One temporary sign may be permitted in accordance with the temporary sign
standards in chapter 40, zoning.
c.  Lot coverage and merchandise display. In no instance shall the lot coverage of all vehicles
and trailers utilized be greater than 500 square feet. Lot coverage shall be defined as the
total square footage of the vehicles/trailers. Areas designated for on-site services,
merchandise display or seating shall be immediately adjacent to the vehicle or trailer
 utilized for sales. The display area shall not exceed 250 square feet. The display area shall
be a defined area that is confined by approved temporary fencing.
d.  Parking. One parking space per 250 square feet of vehicle/trailer area shall be required on
site for patrons of the merchant. No part of the commercial operations shall be located
within required parking spaces or drive aisles utilized by other businesses on site. Parking
waiver allowances from chapter 40, zoning, may be applied.
(4)  Fee and taxation.
a.  Itinerant merchants shall comply with all local, county, and state retail sales tax regulations,
including food and beverage tax regulations.
b.  An annual fee shall be required for the issuance or renewal of an itinerant merchant permit.
The fee shall be established in the town's annually adopted fee schedule.

(Code 1986, § 8-49; Ord. No. 10-839, 6-22-2010; Ord. No. 13-907, 2-12-2013; Ord. No. 13-909,
4-9-2013; Ord. No. 17-1045 , 2-21-2017)

Sec. 14-27. - Prohibited acts.

It shall be unlawful for any person to solicit, beg or ask for money or other things of value, to exhibit
oneself for the purpose of soliciting, begging or asking for money or other things of value, or to solicit or
otherwise offer the sale of goods or services:
(1)  In an aggressive or intimidating manner in a public area;
(2)  In any public transportation vehicles owned or operated by the town, or at any station or stop
for such vehicle;
(3)  Within 15 feet of any entrance or exit of any bank or financial institution, or within 15 feet of any
automated teller machine within the consent of the owner or other person legally in possession
of such facilities; provided, however, that when an automated teller machine is located within an
automated teller machine facility, such distance shall be measured from the entrance or exit of
the automated teller machine facility;
(4)  On private property if the owner, tenant, or lawful occupant has asked the person not to solicit
on the property, or has posted a sign clearly indicating that solicitations are not welcome on the
property; or
(5)  From any operator or passengers of a motor vehicle that is on a public street; provided,
however, that this subsection shall not apply to services rendered in connection with emergency
repairs requested by the operator or passengers of such vehicle.

(Code 1986, § 8-53; Ord. No. 10-839, 6-22-2010)

State Law reference— Regulation of solicitation campaigns and itinerant merchants, G.S.
160A-178; regulation of begging, G.S. 160A-179.

Sec. 14-28. - Violations.

Any and all violations of the provisions of this article shall be as defined in the town's annually
adopted rates and fees schedule.

(Code 1986, § 8-54; Ord. No. 10-839, 6-22-2010; Ord. No. 13-915, 6-11-2013)
State Law reference— Regulation of begging, G.S. 160A-179.

Secs. 14-29—14-59. - Reserved.

TOWN OF CAROLINA BEACH RATES AND FEES SCHEDULE

Vending Permits:

Beach Services: (Annual) $100.00

Itinerate Merchant: (Annual) $100.00

Freeman Park or Municipal Beach Strand: (Annual) $100.00

Street End: (Month) $250.00

Ice Cream: (Annual) $100.00

Sidewalk Café: (Annual) $100.00

Food Trucks (Annual) $100.00

Adopted this 10th day of April 2018.

___________________________
Joseph Benson, Mayor

Attest: __________________________

Kimberlee Ward, Town Clerk

Joe Benson Tom Bridges
Mayor Mayor Pro Tem
Steve Shuttleworth
Council Member JoDan Garza
Council Member
LeAnn Pierce
Council Member Michael Cramer
Town Manager

Town of Carolina Beach

1121 N. Lake Park Blvd.
Carolina Beach, NC 28428
Tel: (910) 458-2999
Fax: (910) 458-2997
To: Technical Review Committee
From: Miles Murphy, Planner
RE: Food Truck Ordinances
Meeting: 2/19/2018

Summary of the Request:

In January of 2018 the Planning and Zoning Commission requested that staff review
the Town’s Itinerant Merchant Ordinance in order to determine whether it is adequate
and appropriate based on the Town’s commercial activities. Additionally, P&Z
requested that staff gather data on all comparable coastal communities in North
Carolina and Key West. The following memorandum summarizes Staff’s research into
Food Truck and similar ordinances in the locations in the chart below.

Table 1: Geographical organization of Itinerant Merchant/Food Truck Ordinances examined* by

staff.

Southern Central Northern Regional Florida

Sunset Beach Emerald Isle Manteo Virginia Beach Key West
Ocean Isle Indian Beach Nags Head Chapel Hill
Holden Beach Pine Knoll Shores Kill Devil Hills North Myrtle Beach
Southport Atlantic Beach Kitty Hawk Myrtle Beach
Oak Island Moorehead City Southern Shores
Caswell Beach Duck
Kure Beach Corolla
Wrightsville Beach
Topsail Beach
Surf City
North Topsail Beach

*Ocracoke, Hatteras, Bald Head Island, and similar communities were not included due to their unique locations and small
populations

Ordinance Comparison:
After examining the 28 communities listed above, staff determined that there are
three predominant categories which the communities fall under vis-à-vis their management of
food trucks/food carts/mobile vendors/mobile food units/itinerant merchants. These
categories can be broadly referred to as prohibited, prohibited with exceptions, and
permitted (usually by general application or CUP). Additionally, communities most often
restricted the location of mobile vendors, the time frame in which they could operate, and
required them to have a local brick-and-mortar establishment.
Towns which prohibit food trucks sometimes associate them with peddling and
soliciting. They are generally more strictly controlled in smaller communities, communities
with limited commercial areas, and communities which are further from large population
centers. Below in Table 2 the communities are labeled by the way they prohibit or permit food
trucks and which, if any, of the nine common restrictions or requirements they place on the
mobile vendors.

Prohibited
Prohibited w/Exceptions
Permitted
1 - Distance to a restaurant restricted
2 - Hours of operation restricted
3 - Brick-and-Mortar required in town
4 - Timeperiod of operation
5 - Renewal
6 - Insurance
7 - Special Event Situations
8 - Zone Restrictions
9 - Limited # of Licenses

Sunset Beach Holden Beach Caswell Beach

Surf City
Corolla (Currituck County)
Kure Beach - 7,9
North Topsail Beach - 7
Atlantic Beach - 2,7,8
North Myrtle Beach- 2, 4, 8
Indian Beach - 2,4,6,8
Nags Head - 2,4,5,7,8
Ocean Isle - 5,6,7
Key West - 2,4,5,6,7,8
Kitty Hawk Southern Shores
Topsail Beach
Wrightsville Beach - 7 Wilmington - 1,2,4,5,7,8,9
Emerald Isle - 7 Pine Knoll Shores - 7
Kill Devil Hills - 7 Duck - 7
Morehead City - 2,4,5,7,8 Manteo - 2,4,5,7,8
Virginia Beach - 1,2,4,5,6,7,8,9 Myrtle Beach - 1,2,4,5,7,8,9
Southport - 1,2,5,8 Oak Island - 1,2,8,9
Carolina Beach - 1,3,4,5,8
 Kure Beach Wrightsville Beach Wilmington North Topsail Beach Emerald Isle Pine Knoll Shores Atlantic Beach Kill Devil Hills Duck North Myrtle Beach Carolina Beach
1 - Distance to a restaurant restricted X X
2 - Hours of operation restricted X X X
3 - Brick-and-Mortar required in town X
4 - Timeperiod of operation X X X
5 - Renewal X X
6 - Insurance
7 - Special Event Situations X X X X X X X X X
8 - Zone Restrictions X X X X
9 - Limited # of Licenses X X

Ocean Isle Southport Oak Island Indian Beach Morehead City Manteo Nags Head Virginia Beach Myrtle Beach Key West Carolina Beach
1 - Distance to a restaurant restricted X X X X X
2 - Hours of operation restricted X X X X X X X X X
3 - Brick-and-Mortar required in town X
4 - Timeperiod of operation X X X X X X X X
5 - Renewal X X X X X X X X X
6 - Insurance X X X
7 - Special Event Situations X X X X X X X
8 - Zone Restrictions X X X X X X X X X X
9 - Limited # of Licenses X X X
1. Southern
a. Carolina Beach
i. Itinerant Merchant
1. https://library.municode.com/nc/carolina_beach/codes/cod
e_of_ordinances?nodeId=PTIICOOR_CH14LIBURE_ARTIIPESO
_S14-22ITME
b. Sunset Beach
i. Peddling
1. https://library.municode.com/nc/sunset_beach/codes/code
_of_ordinances?nodeId=TITXIBURE_CH110GEBUPR_S110.02
PEHALI
c. Ocean Isle
i. Itinerant Merchants
1. https://library.municode.com/nc/ocean_isle_beach/codes/c
ode_of_ordinances?nodeId=PTIICOOR_CH14BU_ARTIIPRLI_S
14-48ITMEPE
ii. Mobile Vendors
1. https://library.municode.com/nc/ocean_isle_beach/codes/c
ode_of_ordinances?nodeId=PTIICOOR_CH14BU_ARTIIPRLI_S
14-47MOVE
d. Holden Beach
i. Peddling
1. http://library.amlegal.com/nxt/gateway.dll/North%20Caroli
na/holden/titlexibusinessregulations/chapter112peddlers?f=
templates$fn=default.htm$3.0$vid=amlegal:holden_nc$anc=
JD_Chapter112
e. Southport
i. Itinerant Merchant and Peddlers
1. https://library.municode.com/nc/southport/codes/code_of_
ordinances?nodeId=PTIICOOR_CH10LIBURE_ARTIIIPEITMEVE
f. Oak Island
i. Specific regulations governing itinerant merchants, peddlers,
vendors, and specialty markets
1. https://library.municode.com/nc/oak_island/codes/code_of
_ordinances?nodeId=PTIICOOR_CH10BU_ARTIIBULI_DIV1GE
_S10-34SPREGOITMEPEVESPMA
g. Caswell Beach
i. Peddling
1. http://library.amlegal.com/nxt/gateway.dll/North%20Caroli
na/caswellb/titlexibusinessregulations/chapter111peddlinga
ndsoliciting?f=templates$fn=default.htm$3.0$vid=amlegal:c
aswellbeach_nc$anc=JD_Chapter111
h. Kure Beach
 i. Peddling
1. https://library.municode.com/nc/kure_beach/codes/code_o
f_ordinances?nodeId=PTIICO_CH8LIBURE_ARTIVPESO
ii. Schedule of license taxes
1. https://library.municode.com/nc/kure_beach/codes/code_o
f_ordinances?nodeId=PTIICO_CH16TA_ARTIILITA_S16-
31SCLITA
i. Wrightsville Beach
i. Food/Beverage Sale from a Mobile Vehicle (Prohibited excluding
town events)
1. http://library.amlegal.com/nxt/gateway.dll/North%20Caroli
na/wright/titlexibusinessregulations/chapter115otherbusine
sses?f=templates$fn=default.htm$3.0$vid=amlegal:wrightsvi
llebeach_nc$anc=JD_115.05
j. Wilmington
i. Mobile Food Unit
1. https://library.municode.com/nc/wilmington/codes/code_of
_ordinances?nodeId=PTIIITECO_CH18LADECO_ART6SUDERE
_DIVIITEUS_S18-340GE
ii. Special Events
1. https://library.municode.com/nc/wilmington/codes/code_of
_ordinances?nodeId=PTIIGEOR_CH4LIBURE_ARTIIISAMEPUP
R_S4-105SPEVCO
k. Topsail Beach
i. Peddling
1. https://library.municode.com/nc/topsail_beach/codes/code
_of_ordinances?nodeId=PTIICOOR_CH10EN_ARTIINOCO_S1
0-21PRRESPAC
l. Surf City
i. Peddling and Itinerant Merchant (Prohibited)
1. http://library.amlegal.com/nxt/gateway.dll/North%20Caroli
na/surfcity_nc/partiicodeofordinances/chapter11nuisances*
?f=templates$fn=default.htm$3.0$vid=amlegal:surfcity_nc$a
nc=JD_11-85
m. North Topsail Beach
i. Itinerant Merchants (Prohibited except for “Beach Vendors”)
1. http://library.amlegal.com/nxt/gateway.dll/North%20Caroli
na/northtopsailbeach_nc/chapter4licensestaxationandmisce
llaneous?f=templates$fn=default.htm$3.0$vid=amlegal:nort
htopsailbeach_nc$anc=JD_4-1
2. Central
a. Emerald Isle
i. Itinerant Merchant
 1. https://library.municode.com/nc/emerald_isle/codes/code_
of_ordinances?nodeId=PTIICOOR_CH10BURE_ARTIIIITMESA
ME
b. Indian Beach
i. Mobile food Vendors
1. https://library.municode.com/nc/indian_beach/codes/code_
of_ordinances?nodeId=PTIICOOR_CH8BUBURE_ARTIIIPESOT
RVEMOFOVE_S8-59APLIMOFOVE
c. Pine Knoll Shores
i. Peddling
1. https://library.municode.com/nc/pine_knoll_shores/codes/c
ode_of_ordinances?nodeId=PTIICOOR_CH38OFMIPR_S38-
1PESO
d. Atlantic Beach
i. Peddling
1. https://library.municode.com/nc/atlantic_beach/codes/code
_of_ordinances?nodeId=PTIICOOR_CH9LIBURE_ARTVPESO
e. Morehead City
i. Itinerant Merchant
1. https://library.municode.com/nc/morehead_city/codes/cod
e_of_ordinances?nodeId=PTIIICOOR_CH8BUBURE_ARTIIIITM
ELI
ii. Mobile Food Vendors
1. https://library.municode.com/nc/morehead_city/codes/cod
e_of_ordinances?nodeId=PTIVUNDEOR_ART12SUUSRE_12-
2ADREPECDCODODIDBDOBUDI
3. Northern
a. Manteo
i. Itinerant Merchant
1. https://library.municode.com/nc/manteo/codes/code_of_or
dinances?nodeId=PTIICOOR_CH14BU_ARTIIIPEITME
b. Nags Head
i. Itinerant Merchant
1. https://library.municode.com/nc/nags_head/codes/code_of
_ordinances?nodeId=PTIICOOR_CH12BULI_ARTIIIPEITME
ii. Outdoor Stand
1. https://library.municode.com/nc/nags_head/codes/code_of
_ordinances?nodeId=PTIICOOR_CH48ZO_ARTXMIPR_S48-
372OUST
c. Kill Devil Hills
i. Itinerant Merchant
1. http://library.amlegal.com/nxt/gateway.dll/North%20Caroli
na/killdevilhills/titlexibusinessregulations/chapter111peddle
 rsanditinerantvendors?f=templates$fn=default.htm$3.0$vid
=amlegal:killdevilhills_nc$anc=JD_Chapter111
d. Kitty Hawk
i. Itinerant Merchant
1. https://library.municode.com/nc/kitty_hawk/codes/code_of
_ordinances?nodeId=PTIIICOOR_CH16LIBURE_S16-
1SEGOPUPR
e. Southern Shores
i. Peddling
1. https://library.municode.com/nc/southern_shores/codes/co
de_of_ordinances?nodeId=PTIICOOR_CH8BUBURE_ARTIING
E
f. Duck
i. Itinerant Merchant
1. http://library.amlegal.com/nxt/gateway.dll/North%20Caroli
na/duck_nc/titlexibusinessregulations/chapter110peddlersa
ndvendors?f=templates$fn=default.htm$3.0$vid=amlegal:du
ck_nc$anc=JD_Chapter110
g. Currituck County (Corolla?)
i. Peddlers
1. https://library.municode.com/nc/currituck_county/codes/co
de_of_ordinances?nodeId=COOR_CH8LIBURE_ARTVPESO
4. Regional
a. Virginia Beach, VA
i. Peddlers
1. https://library.municode.com/va/virginia_beach/codes/code
_of_ordinances?nodeId=CO_CH26PESO_ARTIINGE
ii. Temporary/Transient Business
1. https://library.municode.com/va/virginia_beach/codes/code
_of_ordinances?nodeId=CO_CH18LICO_ARTIILITASC_S18-
108TETRBU
iii. Street Vendors
1. https://library.municode.com/va/virginia_beach/codes/code
_of_ordinances?nodeId=CO_CH13FOFOES_ARTIIISTVEFOPR
b. North Myrtle Beach, SC
i. Mobile Food Services
1. https://library.municode.com/sc/north_myrtle_beach/codes
/code_of_ordinances?nodeId=COOR_CH7BULITARE_ARTIING
E_S7-27MOFOSE
c. Chapel Hill, NC
i. Itinerant Merchant
 1. https://library.municode.com/nc/chapel_hill/codes/code_of
_ordinances?nodeId=CO_CH10LIBURE_ARTVIILISPBU_S10-
190PEITME
ii. Food Trucks
1. https://library.municode.com/nc/chapel_hill/codes/code_of
_ordinances?nodeId=CO_APXALAUSMA_ART6SPREPAUS_6.2
0FOTRTR
d. Myrtle Beach
i. See Word document – Draft (Also Conway recently updated theirs)
5. Florida
a. Key West
i. Mobile Vendors
1. https://library.municode.com/fl/key_west/codes/code_of_ordina
nces?nodeId=SPAGEOR_CH18BU_ARTVIMOVE
Food Trucks
APRIL 10, 2018
Issues
• Very little understanding of Food Truck Regulations in Carolina Beach
• Regulations are too broad and require additional work for a potential operator
• Regulations should be more in line with Wilmington and other beach
communities
Permitting
• Annual permit
• Approval from property owners
• Fee
Regulations
• Only in Commercial zoning districts
• Brick and Mortar
• 1oo feet from another restaurant unless note from owner or restaurant is closed
• Define parking area vs. required site plan
• Trash
• 3 foot parameter
• Self contained water/wastewater
• noise
Regulations cont
• Private Property unless approved special event
• Utilized associated restaurant for disposal of grease and grey water
• Fire Code
• No drive thru
• Lighting shielded
• Truck and 1 temporary signs
Regulations not included
• Bathrooms
• Hours
• Limited numbers
• Insurance
QUESTIONS?