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Southampton, NY Food Trucks & Mobile Vendors: Food Truck Permits (2026)

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

Key Facts

Governing section
Town Code § 330-162.20
Who may operate one
Only accessory to an existing/new restaurant
Health/peddler permit
Suffolk County DOH and/or Southampton peddler's license
Truck stall size
Minimum 12 by 25 feet, rear of lot
Outdoor seating cap
16 people maximum
First-offense fine
Up to $1,000 or 6 months jail

Summary

In the Town of Southampton outside the villages, mobile food vending is allowed only as an accessory vending vehicle tied to an existing restaurant under Town Code § 330-162.20. The truck must operate under the restaurant's own name, pass Planning Board or administrative site plan review, carry a Suffolk County Department of Health Services certificate and/or Southampton peddler's license, and run only when the restaurant is closed.

§ 330-162.20. Vending vehicles accessory to restaurants. ... An accessory vending vehicle shall be defined as a motorized, self-propelled, mobile vehicle in which food items are able to be substantially prepared and sold to the general public. An accessory vending vehicle must be licensed to operate under the same name as the primary restaurant use. ... An accessory vending vehicle, as an accessory use to an existing or new restaurant, shall be subject to site plan review; ... An accessory vending vehicle shall attain all required licenses and permits associated with the nature of their accessory vending vehicles. This includes, but is not limited to, Suffolk County Department of Health Services business certificates and/or a Southampton peddler's license, as may be applicable, except that, where any other law or ordinance or regulation imposes a greater restriction, such law, ordinance or regulation shall control. ... The accessory vending vehicle shall only operate when the primary restaurant is not open to the public.

Full Breakdown

Southampton Town Code § 330-162.20 defines an accessory vending vehicle as a motorized, self-propelled mobile vehicle that substantially prepares and sells food to the public, and requires it to be licensed under the same name as the primary restaurant use. A stand-alone food truck with no adjoining restaurant has no path to a permit under this section. An accessory vending vehicle attached to an existing or new restaurant goes through site plan review; if the restaurant already holds an approved site plan, the addition is instead handled through administrative site plan review under §§ 330-183.2 and 330-183.3, with the Town Planning and Development Administrator able to assume the Planning Board's authority under §§ 330-120 through 330-123.

The operator must also obtain all required licenses and permits for the vehicle, including Suffolk County Department of Health Services business certificates and/or a Southampton peddler's license, and must comply with the Town's sign standards under Article XXII. The truck may only run in the restaurant's own parking lot, in a spot that does not block circulation, and only while the restaurant itself is closed to the public. When not operating, it must be stored in a rear-lot truck stall at least 12 feet by 25 feet, screened from the public right-of-way.

Accessory outdoor seating is capped at 16 people, amplified music is banned, no extra permanent outdoor lighting is allowed beyond the restaurant's approved lighting plan, and no alcohol may be sold from the truck. Operators must remove their own trash and post a litter receptacle for patrons.

Violations & Fines

Operating an accessory vending vehicle without the required site plan approval, licenses, or peddler's license is a zoning violation under Town Code § 330-186. A first offense carries a fine up to $1,000 or up to six months in jail, or both; a second offense within five years raises the fine to $500-$1,500, and a third rises to $1,500-$2,500, with each week of continued violation a separate offense. The Building Inspector can also certify the violation to block further permits on the property.

Frequently Asked Questions

Can I run a stand-alone food truck in Southampton without a restaurant?
No. Town Code § 330-162.20 only authorizes an accessory vending vehicle tied to an existing or new restaurant; the truck must be licensed under the same name as that restaurant and can only operate when the restaurant itself is closed. There is no separate permit path for an independent mobile food business under this zoning section.
What licenses does a Southampton food truck need?
Beyond the restaurant's own site plan approval, § 330-162.20 requires all licenses and permits associated with the vehicle, including a Suffolk County Department of Health Services business certificate and/or a Southampton peddler's license, whichever applies to the operation.
Where can the truck park and how must it be stored?
The vehicle must park in the restaurant's own lot without blocking traffic or pedestrians, and when idle it has to sit in a rear-lot stall at least 12 by 25 feet, positioned so it is not visible from the public right-of-way to the maximum extent possible.
What happens if a vending vehicle violates the rules?
A violation of Chapter 330 is punishable under § 330-186 by a fine up to $1,000 or six months in jail for a first offense, rising to $500-$1,500 for a second offense and $1,500-$2,500 for a third, all within five years, with each week counted separately.

Sources & Official References

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