Gaithersburg's Food Trucks & Mobile Vendors: The Rules That Matter
Every city handles food trucks & mobile vendors a little differently. In Gaithersburg, Maryland, there are 3 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.
Food Truck Permits
Gaithersburg's zoning code keeps food trucks 300 feet from an operating restaurant during its business hours, bans them outright in the Olde Towne Special District, and caps most lots to one truck at a time. Trucks parking on residential lots may only cater to that lot's own residents and guests.
Key details: Separation from restaurants: 300 feet during business hours. Trucks per lot: One, except special events. Sandwich board sign limit: 6 sq ft, within 20 ft of truck. Olde Towne Special District: Mobile food vendors prohibited. Residential lot service: Catering only, that lot's guests.
Chapter 24 zoning violations are enforced under Article 15 of the zoning code through the city's code enforcement process, which can include a stop-work or cease-use order and municipal infraction fines assessed per section 1-7 of the City Code, with each day of continued operation in violation treated as a separate offense.
Vending Zones
A Gaithersburg food truck cannot operate within 300 feet of an existing restaurant during that restaurant's business hours, and it is barred outright from the CBD Olde Towne Special District except at a city-approved special event, when it shares an owner with the restaurant, or at a brewery, distillery or winery that doesn't serve food. Only one food truck is allowed per lot at a time.
Key details: Restaurant buffer: 300 ft during restaurant's business hours. CBD Olde Towne: Food trucks prohibited, limited exceptions. Same-owner exception: Buffer waived for common ownership. Brewery/winery exception: Allowed if venue serves no food. Trucks per lot: One, except at special events.
Operating a food truck within 300 feet of an existing restaurant without qualifying for an exception, operating in the CBD Olde Towne Special District without special-event or ownership authorization, or running more than one truck per lot violates section 24-5.6(E) and is enforced as a municipal infraction under section 24-15.1 and chapter 1, section 1-9. The city manager or designee can order the truck to relocate or cease operating, and citation fines run to the council-set maximum, with an additional penalty of up to $1,000 for nonpayment.
Compared to other cities, Gaithersburg takes a harder line on vending zones. The enforcement and penalty structure reflects that.
Sidewalk & Mobile Vending
Gaithersburg lets a mobile vendor, including a food truck, place one temporary sandwich-board sign up to six square feet per face on the public sidewalk within 20 feet of the vending unit, so long as at least five feet of clear pedestrian walkway remains. Section 24-5.6(C) requires the sign to come down daily when the vendor stops operating.
Key details: Sign type allowed: One sandwich board or similar sign. Maximum size: 6 sq ft per face. Distance limit: Within 20 ft of the vending unit. Sidewalk clearance: 5 ft of unimpeded walkway required. Removal: Daily, when business ceases for the day.
Placing a sandwich-board sign larger than six square feet, positioning it more than 20 feet from the vending unit, leaving less than five feet of sidewalk clearance, or failing to remove it daily violates section 24-5.6(C) and is enforced as a municipal infraction under section 24-15.1 and chapter 1, section 1-9. The city manager or designee can order the sign removed on the spot, and repeated violations can lead to citation fines up to the council-set maximum.
The Bottom Line
Gaithersburg's food trucks & mobile vendors rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Gaithersburg is broadly strict or permissive.
Keep in mind that Gaithersburg can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.