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New Berlin, WI Food Trucks & Mobile Vendors: Food Truck Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
New Berlin Code § 152-5
License required
Direct Sellers Permit plus a mobile retail license
Restaurant setback
150 feet from an existing restaurant's lot line
Operating hours
7:00 a.m. to 10:00 p.m.
Unlicensed vending fine
$75 base deposit under § 152-5 A
License term
One year, renewal requires reapplication

Summary

New Berlin regulates food trucks as 'mobile vendors' under its direct sellers ordinance, requiring a Direct Sellers Permit plus a separate mobile retail license before a truck can operate anywhere in the city. Vendors must post both documents on the unit, stay at least 150 feet from any existing restaurant's lot line, and run only between 7:00 a.m. and 10:00 p.m.

A.License required. ... No direct seller, or an employee of a direct seller, shall engage in direct sales within the City without being licensed for that purpose as provided herein. A copy of the direct sellers permit and mobile retail license shall be posted on the mobile unit for public view. ... MOBILE VENDOR — A person who offers goods or services for sale to the public without a permanently built structure but with a self-contained static structure by way of a vehicle or other transportation. Food trucks are considered mobile vendors. ... [3]The vehicle utilized by mobile vendors shall be setback a minimum of 150 feet from the lot line, excluding the right-of-way, of a lot with an existing restaurant or business which sells food prepared on site. ... (c)Mobile vendors may only operate between 7:00 a.m. and 10:00 p.m.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 3 Update 1).

Full Breakdown

New Berlin Code of Ordinances § 152-5 defines a 'mobile vendor' as a person offering goods or services for sale to the public without a permanently built structure but from a self-contained static structure such as a vehicle, and the ordinance says outright that food trucks are considered mobile vendors. Under § 152-5 A, no direct seller, including a mobile vendor, may operate in the City without a license, and the direct sellers permit plus the separate mobile retail license (obtained from the State of Wisconsin or another jurisdiction under § 152-5 D(2)) must both be posted on the truck for public view.

Applicants file with the City Clerk, pass a background check through the city's approved vendor, and pay a processing fee plus an annual license fee set by the Common Council; an additional fee applies for vendors operating on City property outside a City-run event. (with an exemption for City-run events like the Fourth of July Festival), cannot draw power from an adjacent building, must be self-contained, and must provide their own trash receptacle and haul out all waste, with no organic waste dumped into the sanitary sewer.

Trucks near an existing restaurant or business selling food prepared on site must stay at least 150 feet back from that lot's line, and no more than two mobile vendors may operate on the same private property at once absent a special event permit. The license runs one year from issuance and requires reapplication to renew.

Violations & Fines

Operating without a direct sellers permit or the required mobile retail license, or violating the operating rules in § 152-5 E (hours, the 150-foot restaurant setback, parking or right-of-way restrictions), is a licensing violation under Chapter 152. The Clerk's citation-deposit schedule sets a $75 base forfeiture for an unlicensed peddler or direct seller under § 152-5 A, and the Common Council can revoke or suspend the license after a hearing for noncompliance.

Frequently Asked Questions

Does New Berlin count food trucks as 'direct sellers'?
Yes. Section 152-5 B defines 'mobile vendor' to include any vehicle-based seller without a permanently built structure and states plainly that food trucks are considered mobile vendors, so they fall under the same Direct Sellers Permit rules as door-to-door peddlers and canvassers.
How close can a food truck park to an existing restaurant?
Not closer than 150 feet. Section 152-5 E(1)(c)[3] requires the truck to be set back at least 150 feet from the lot line, excluding the right-of-way, of any lot with an existing restaurant or business that sells food prepared on site.
What hours can a food truck operate in New Berlin?
Mobile vendors may only operate between 7:00 a.m. and 10:00 p.m. under § 152-5 E(2)(c). Vendors working a City-run event such as the Fourth of July Festival, Beer Gardens or Winterfest are exempt from that window, but everywhere else the hours are fixed and enforced by the Police Department.

Sources & Official References

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