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Amherst, NY Food Trucks & Mobile Vendors: Sidewalk & Mobile Vending (2026)

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

Key Facts

Non-residential ROW limit
3 hours per location
Residential ROW limit
Under 20 minutes, or block party
Intersection setback
60 feet minimum
Dispensing rule
Not from the street side
Enforcing agency
Amherst Police Department (traffic/parking)

Summary

A mobile food vendor parked on an Amherst right-of-way can't stay put all day. Section 148-10F(3) limits vending at one spot in a non-residential zoning district to three hours, and blocks stationary right-of-way vending in residential districts except for stops under twenty minutes or a permitted block party.

Within non-residential zoning districts, it shall be unlawful for a mobile food vendor to conduct business at a single location within a public right-of-way for a duration exceeding three (3) hours. Within residential zoning districts, it shall be unlawful for a mobile food vendor to conduct business within a public right-of-way except for mobile food vehicles that operate for less that twenty (20) minutes at a single location or that operate within an area where a block party is being conducted.

Full Breakdown

Section 148-10F(3) of the Town Code splits right-of-way vending rules by zoning district. In a non-residential zoning district, a mobile food vendor cannot conduct business at a single location within a public right-of-way for more than three hours; after that, the truck has to move to a new spot or stop operating there for the day. In a residential zoning district, the section is stricter: it is unlawful to conduct business in the right-of-way at all, except for a mobile food vehicle that operates for less than twenty minutes at a single location, or one operating in an area where a block party is underway.

Two operating rules reinforce that right-of-way limits are about controlling how a truck sits on a street, not just how long: § 148-10F(12) forbids dispensing products from the street side of the vehicle when it's parked on a public or private right-of-way, and § 148-10F(14) bars parking within sixty feet of an intersection with another right-of-way. Vendors working the right-of-way must also comply with all New York State Transportation Law and Vehicle and Traffic Law parking rules under § 148-10F(4), and the Amherst Police Department, not the Building Department, handles right-of-way parking and traffic enforcement under § 148-14.

Violations & Fines

Exceeding the three-hour non-residential limit, vending from a residential right-of-way outside the twenty-minute or block-party exception, or dispensing from the street side or too close to an intersection, is a Chapter 148 violation under § 148-13, punishable by a fine of up to $250 or up to 15 days in jail, or both.

Frequently Asked Questions

How long can a food truck sit on an Amherst street in a business area?
Up to three hours at one location in a non-residential zoning district, per § 148-10F(3) of the Town Code, before it must relocate or stop vending there for the day.
Can a food truck vend on a residential street?
Only briefly. Section 148-10F(3) bars stationary right-of-way vending in residential zoning districts except for trucks operating less than twenty minutes at one spot, or vending within an area holding a permitted block party.
Can a food truck sell from the street-facing side of the truck?
No. Section 148-10F(12) requires that, when parked in a public or private right-of-way, products be dispensed only from the side away from the street, and F(14) keeps the vehicle at least sixty feet from any intersection.

Sources & Official References

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