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Durham, NC Food Trucks & Mobile Vendors: Sidewalk & Mobile Vending (2026)

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

Key Facts

Registration
Annual, expires each June 30
Pedestrian clearance
At least 4 feet, 5 near bus stops
Distance from intersections/hydrants
At least 10 feet
Distance from banks/ATMs
At least 20 feet
Distance from restaurants
50 feet without permission
Unattended gear limit
Must be removed after 10 minutes
Penalty
Misdemeanor under § 54-88(e)

Summary

Durham's right-of-way sales ordinance lets food carts, vending vehicles, and First Amendment sellers operate on paved sidewalks and on-street parking spaces, but sales gear must clear at least four feet of pedestrian space, sit ten feet from intersections and fire hydrants, and stay 20 feet from bank entrances and ATMs. Food sellers must register annually with the city.

(e)Minimum distances. ... All sales gear must be placed so as to allow at least four feet of unobstructed space for pedestrians on sidewalks... if within 200 feet of sales gear, there is no passing space for pedestrians that is at least five feet by five feet, sales gear must be placed so as to allow at least five feet of unobstructed space for pedestrians. All sales gear must be at least ten feet from street intersections, crosswalks, bus shelters, taxi stands, building entrances and exits, fire stations, police stations, and fire hydrants... All sales gear must be at least 20 feet from any automated teller machine and from all entrance doors and exit doors of banks, credit unions, and savings and loan associations. ... (n)Registration. Each seller selling food shall register and pay the registration fee in an amount set by the city council. Registration expires at the end of each June 30.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 36).

Full Breakdown

City Code Chapter 54, Article II governs "right-of-way sales activities", selling from a cart, cooler, table, or motor vehicle on public sidewalks, alleys, or on-street parking. Section 54-88 bans such sales outright unless a seller qualifies for the Section 54-91 exemption, limited to food and to newspapers or other First Amendment-protected material. Qualifying sales gear may sit on a paved sidewalk, the core downtown park, or a paved on-street parking space, never in a loading zone, and one sales vehicle cannot occupy more than one parking space.

Subsection (e) requires at least four feet of unobstructed pedestrian space on sidewalks and paths, rising to five feet if there is no five-by-five passing space within 200 feet, and gear must sit at least ten feet from street intersections, crosswalks, bus shelters, taxi stands, building entrances, fire stations, police stations, and fire hydrants, and at least 20 feet from any bank, credit union, savings and loan entrance, or ATM. Gear from different sellers must stay ten feet apart. Subsection (d) bars customer seating and tables unless paired with a wheeled cart or vehicle, limiting any seat to one per salesperson and barring customer use of it.

Subsection (f) adds a 50-foot buffer from a restaurant's principal entrance for food vendors, extending to 50 feet from any outdoor dining table if the restaurant holds its own Section 54-110 permit. Sellers must keep marked trash and recycling containers within 15 feet of the vehicle, clear litter hourly, and remove unattended gear after ten minutes. Subsection (n) requires every food seller to register and pay a council-set fee, with registration expiring each June 30, and to show the receipt to any city employee or officer on request.

Violations & Fines

Selling without qualifying for the Section 54-91 exemption, or violating any placement, distance, seating, or registration requirement, is a misdemeanor under subsections 54-88(e) and 54-91(o). Police officers and the city manager can demand proof of registration on the spot, order noncompliant sales gear removed from the right-of-way, and treat gear left unattended more than ten minutes as subject to the same removal authority.

Frequently Asked Questions

Does Durham require a permit for a food cart?
No standalone permit: food sellers using the Section 54-91 right-of-way exemption must register annually with the city and pay the council-set fee, with registration expiring every June 30. They must show the registration receipt to any city employee or law enforcement officer on request, and selling without registering is a misdemeanor.
How close can I set up next to a restaurant?
At least 50 feet from the restaurant's principal customer entrance unless the operator gives permission, per subsection 54-91(f). If the restaurant holds its own outdoor seating permit under Section 54-110, the 50-foot buffer runs from any table in that outdoor dining area instead of just the entrance.
Can I let customers sit at my cart?
No. Subsection 54-91(d) prohibits sales gear from including customer seating or surfaces for eating purchases; tables are allowed only alongside a wheeled cart or vehicle, and any seat provided is limited to one per salesperson and may not be used by customers.

Sources & Official References

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