Apex Town Code Chapter 13, Article IV (Sec. 13-60 through 13-69.5), adopted by Ordinance 2019-0305-02, requires every Mobile Food Vendor and Transient Food Vendor to obtain a permit from the Apex Police Department before operating in Town. The annual fee is $150 (365-day permit). A Town of Apex Fire Marshal must pass the unit on a fire inspection no more than 30 days before application (free; 919-362-4001). Vendors must hold a Wake County Environmental Services mobile food unit permit under NCGS 130A-247 and operate from a commissary approved by the county health department.
Apex Town Code Chapter 13, Article IV — Transient and Mobile Food Vendors — was substantially amended by Ordinance 2019-0305-02 in 2019. Key sections: (1) Sec. 13-60 (Definitions): a Mobile Food Unit is 'any stationary cart; Pushcart; trailer mounted on a chassis but without an engine; or vehicle mounted food establishment designed to be readily moved and vend food.' (2) Sec. 13-61 (Permit Required): 'It shall be unlawful for any person to engage in Transient or Mobile Food Vending in the town without first obtaining a permit issued by the town police department unless an exemption applies under section 13-69.3.' Vendors must also maintain permits required by the applicable county health, environmental services, or food and sanitation departments — in Wake County, that is the Wake County Environmental Services / Environmental Health & Safety mobile food unit permit issued under NCGS 130A-247 (Permits required of food and lodging establishments). Wake County reviews complete MFU applications within roughly 10 business days and requires an approved commissary before issuing the permit. (3) Sec. 13-64 (Vendor Permit Application): the applicant submits name / address / phone, ID, business info, activity description, dates / hours / location, vehicle / pushcart description with current registration and insurance, written permission from the property owner, copies of all other required licenses (privilege license, county health permit), and a passing Apex Fire Marshal inspection conducted no more than 30 days before the application date. (4) Sec. 13-65 (Fees): the application fee is the amount set in the Town's annual budget ordinance — the current published fee is $150 for a 365-day Transient / Mobile Food Vendor permit (Apex Solicitation / Vendor Permits page). The nonrefundable fee is paid at the Town Finance Office (73 Hunter Street, 1st floor), and the receipt is submitted with the application. (5) Sec. 13-66 (Issuance): the Chief of Police reviews and decides within five business days. (6) Sec. 13-68 (Permit Expiration): all permits expire one year following the date issued; renewals may be applied for up to ten business days before expiration. (7) Sec. 13-69 (Transfer Prohibited). (8) Sec. 13-69.1 (Revocation): for fraud, breach of permit conditions, public-nuisance operations, or grounds that would have justified denial. (9) Sec. 13-69.3 (Exemptions): producer farm/dairy sales, 501(c)(3) educational / religious / charitable activities, services at the prior request of a resident or HOA, one-time Town-approved special events, Town-approved farmer's markets, and Town-issued temporary use permits. Sec. 13-63 General Operating Standards still apply even to exempted vendors. The fire-marshal inspection is free; appointments are made by calling 919-362-4001.
Operating without the Apex permit (Sec. 13-61), without the Wake County health permit, or with an expired permit is unlawful. Sec. 13-69.4 makes any violation of Article IV unlawful and authorizes both criminal enforcement and civil remedies. The permit can be revoked under Sec. 13-69.1 for fraud, breach, or public-nuisance operation. NC municipal civil penalties (typically up to $500/day, each day a separate offense) apply under standard NC authority.
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