Durham, NC Food Trucks & Mobile Vendors: Sidewalk & Mobile Vending (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.
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?
How close can I set up next to a restaurant?
Can I let customers sit at my cart?
Sources & Official References
Other rules in Durham
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