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San Mateo County, CA Food Trucks & Mobile Vendors: Sidewalk & Mobile Vending (2026)

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

Key Facts

Governing section
Ordinance Code § 5.08.090
Right-of-way ban
No stand, vehicle or object for peddling
Peddling hours
9:00 a.m. to 8:00 p.m. only
License term/fee
6 months, $12.00
License exemption
Ch. 5.68 food establishments exempt from License
Penalty
Misdemeanor, up to $500 fine or 6 months jail
Enforcement
San Mateo County Sheriff's Office

Summary

Unincorporated San Mateo County bans anyone from erecting, placing or maintaining a stand, vehicle, or any object on the public right-of-way of a county highway for peddling, under Ordinance Code Section 5.08.090. Peddling itself on any portion of a public highway right-of-way is separately barred by Section 5.08.080. Vendors selling from a fixed non-highway location still need a peddler's license.

These county ordinances apply to unincorporated areas of San Mateo County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

5.08.080 - Peddling on public highways prohibited. No person shall peddle any goods, wares, or merchandise on any portion of the right-of-way of any public highway of or in the County of San Mateo.

5.08.090 - Maintenance of stands or vehicles for peddling on public highways prohibited. No person shall erect, place or maintain any stand, vehicle or any object on any portion of the right-of-way of any public highway of or in the County of San Mateo for the purpose of peddling therefrom.

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 47).

Full Breakdown

San Mateo County's Ordinance Code addresses street food and merchandise vending in Chapter 5.08, Peddlers and Solicitors, first adopted in 1956. Section 5.08.090 states the operative right-of-way ban: no person may erect, place or maintain a stand, vehicle or object on any part of a public highway right-of-way in the county for the purpose of peddling from it. A companion rule, Section 5.08.080, separately bars peddling itself on any portion of a public highway right-of-way. Together the two sections function as a blanket prohibition on setting up a food cart, table, truck or any other sales stand on a county road shoulder, sidewalk strip or right-of-way in the unincorporated areas.

Away from the right-of-way, Section 5.08.030 requires anyone who peddles goods, wares or merchandise, including food, to hold a peddler's License, obtained after fingerprinting under Section 5.08.040 and a Sheriff's background investigation under Section 5.08.050. Section 5.08.120 sets the License term at six months for a $12.00 fee. Licensed peddlers must display a numbered metal badge on an outer garment while working, per Section 5.08.060, and Section 5.08.100 confines peddling and soliciting to the hours between 9:00 a.m. and 8:00 p.m. Section 5.08.110 exempts several categories from the License requirement: farm or ranch owners selling their own produce from a stand on their own property, Food establishments already licensed under Chapter 5.68, wholesale commercial travelers, and charitable organizations; self-employed military veterans are exempt from the fee only. Because that exemption covers fixed food establishments, not a stand placed in the right-of-way, a mobile food seller working the shoulder of a county road still runs into the Section 5.08.090 ban regardless of License status.

Violations & Fines

Chapter 5.08 sets no separate penalty of its own, so violating any of its provisions, including the Section 5.08.090 right-of-way stand ban, is a misdemeanor under the Ordinance Code's general penalty provision, Section 1.08.010(a). A conviction carries a fine of up to $500.00, up to six months in County jail, or both. The Sheriff's Office, which also vets peddler License applicants under Section 5.08.050, is the enforcing agency on unincorporated county roads.

Frequently Asked Questions

Can I set up a food stand on a county road shoulder in unincorporated San Mateo County?
No. Section 5.08.090 of the Ordinance Code makes it unlawful to erect, place or maintain any stand, vehicle or object on the right-of-way of a public highway in the county for the purpose of peddling. This covers the right-of-way itself, so it applies even to a mobile food truck, not just to unlicensed peddlers.
Do I need a license to peddle food in unincorporated San Mateo County?
Yes, under Section 5.08.030, unless you already hold a Food establishment License under Chapter 5.68; Section 5.08.110 exempts holders of that License from the separate peddler's License. Either way, a right-of-way stand is barred by Section 5.08.090 regardless of licensing status.
What hours can peddlers and solicitors work in the county?
Section 5.08.100 limits peddling and soliciting to the hours between 9:00 a.m. and 8:00 p.m. Working outside that window, even with a valid peddler's License, violates Chapter 5.08 and exposes the peddler to the misdemeanor penalty under Section 1.08.010(a).
What happens if I violate the right-of-way vending ban?
Chapter 5.08 sets no separate penalty, so a violation of Section 5.08.090 falls under the Ordinance Code's general penalty, Section 1.08.010(a): a misdemeanor punishable by a fine of up to $500.00, up to six months in County jail, or both.

Sources & Official References

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