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Smyrna, GA Food Trucks & Mobile Vendors: Sidewalk & Mobile Vending (2026)

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

Key Facts

Governing section
Smyrna Code § 22-301 (Ord. No. 2013-02, 2-18-13)
Where allowed
Nonresidential districts with no red zone; not in the public right-of-way
Exceptions to right-of-way ban
Ice cream trucks and pushcarts
Spacing
15 feet from intersections and crosswalks; 200 feet from established restaurants
Hours
No sales between 10:00 p.m. and 7:00 a.m.
Insurance
$1,000,000.00 liability policy naming the city

Summary

In the City of Smyrna, Georgia, a food vendor needs a city license, cannot operate in the public right-of-way unless it is an ice cream truck or pushcart, and can work only in nonresidential districts. Vendors stay 15 feet from intersections and crosswalks, stay 200 feet from established restaurants, and cannot sell between 10:00 p.m. and 7:00 a.m.

(a)Except for ice cream trucks or pushcarts, no mobile food vendor shall conduct business or operate in the public right-of-way.(b)A mobile food vendor shall not operate on any private property without the prior consent of the owner. ... (g)Except for ice cream trucks and pushcarts, mobile food vendors are allowed only in nonresidential districts, where no red zone has been established. Variances in residential districts may be granted by the community development director or his or her designee for neighborhood events.(h)Mobile food vendors shall not be located within 15 feet of any street intersection or pedestrian crosswalk or ten feet of any driveway.(i)No sale or offer for sale shall be made by any mobile food vendor between 10:00 p.m. and 7:00 a.m. unless such sale is in conjunction with a city-approved special event or film production permit. ... (p)Operation of any mobile food truck units must maintain a minimum distance of 200 feet from any building housing an established licensed eating and drinking establishment.

Full Breakdown

Article VIII of Chapter 22 (Ord. No. 2013-02, 2-18-13) governs mobile food vendors, and its application form lists the vendor type as a street vending unit or a sidewalk vending unit. Section 22-300 makes it unlawful to sell or offer food from a commissary, mobile retail food establishment, pushcart or temporary food establishment without a license, except at city-sponsored events. The application goes to the community development director or designee and needs the vendor and owner contacts, the make, model and plate of the unit, a copy of an approved permit from the Cobb County Health Department or the Georgia Department of Agriculture, operating locations and times, and signatures from property owners consenting to use of their property.

Section 22-301 then sets the operating rules. Except for ice cream trucks or pushcarts, no vendor may conduct business in the public right-of-way, and no vendor may operate on private property without the owner's prior consent. Vendors are allowed only in nonresidential districts where no red zone (a zone Mayor and Council can establish by majority vote) exists, with residential variances for neighborhood events available from the community development director. A vendor cannot stand within 15 feet of a street intersection or pedestrian crosswalk or ten feet of any driveway.

It must keep 200 feet from any building housing an established licensed eating and drinking establishment, measured from the serving window to the nearest property line, unless it has signed consent from every affected establishment; that spacing does not apply to vendors invited to city events in the Smyrna Market Village or Village Green. Other requirements include a $1,000,000.00 liability policy naming the city as additional insured with 30 days' notice of cancellation, food and non-alcoholic beverages only, no drive-through service, and a trash receptacle within ten feet of the unit.

Section 22-43 separately requires a temporary sales certificate for selling goods from a truck, tent or temporary location at sites approved by Mayor and Council.

Violations & Fines

Section 22-303 lets the city punish a violation under section 1-8, revoke the business license, refuse to renew it, and, when code enforcement is used, assess a code enforcement lien on the private property where the vending took place. Selling from a temporary location without a certificate is a misdemeanor under section 22-43(d).

Frequently Asked Questions

Can I sell food from a cart on a Smyrna sidewalk?
The license application recognizes a sidewalk vending unit, but section 22-301(a) bans business in the public right-of-way except for ice cream trucks or pushcarts. You still need a license under section 22-300, health approval, and owner consent if you set up on private property.
What licenses does a Smyrna food truck need?
A license from the community development director's office under section 22-300, with a copy of an approved Cobb County Health Department or Georgia Department of Agriculture permit, a list of operating locations and times, and signed consent from each property owner. City-sponsored events are excepted from the license requirement.
How close can a food truck park to a restaurant in Smyrna?
Section 22-301(p) requires 200 feet from any building housing an established licensed eating and drinking establishment, measured from the serving window to the nearest property line. Closer operation needs signed consent from all affected establishments, except at city-invited events in the Smyrna Market Village or Village Green.
What hours can Smyrna mobile vendors sell?
Section 22-301(i) bars any sale or offer for sale between 10:00 p.m. and 7:00 a.m. unless the sale is in conjunction with a city-approved special event or film production permit. Vending structures cannot be left unattended or stored at the vending site outside operating hours.
Can Smyrna food vendors work in residential neighborhoods?
Only nonresidential districts, with ice cream trucks and pushcarts excepted. Section 22-301(g) lets the community development director or designee grant variances in residential districts for neighborhood events. Mayor and Council can also create red zones where mobile food vendors cannot do business.

Sources & Official References

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