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

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

Key Facts

Buffer distance
250 feet from a restaurant entrance
Waiver
Property owner's written permission
Enforcing agency
Town Building Department
Maximum fine
$250 per violation
Related limit
3-hour cap in non-residential right-of-way

Summary

Amherst won't let a mobile food vendor set up within 250 feet of another eatery's front door. Section 148-10F(2) of the Town Code bans operating that close to the primary entrance of any public establishment serving ready-to-eat food, unless that establishment's property owner signs off on the location.

It shall be unlawful for a mobile food vendor to conduct business in a location within two hundred fifty (250) feet of the primary entrance of an establishment that is open to the public and where ready-to-eat food is prepared, cooked, wrapped, packaged, processed or portioned for service, sale, or distribution. This requirement shall be waived if permission for the mobile food vending operation is obtained from the owner of the property that contains the establishment where ready-to-eat food is prepared, cooked, wrapped, packaged, processed or portioned for service, sale or distribution.

Full Breakdown

Chapter 148's mobile food vending rules protect brick-and-mortar restaurants from a food truck parking right outside their door. Section 148-10F(2) makes it unlawful for a mobile food vendor to conduct business within two hundred fifty feet of the primary entrance of any establishment open to the public where ready-to-eat food is prepared, cooked, wrapped, packaged, processed or portioned for service, sale or distribution. That distance is waived only if the vendor gets permission from the owner of the property containing that establishment, so a shopping plaza or festival organizer can invite a truck to park closer than 250 feet from an existing restaurant if the restaurant's property owner agrees.

m. Together these provisions steer mobile food vending away from both existing restaurant entrances and residential front yards, concentrating it on non-residential parcels and rights-of-way where it does not compete directly with an established food business or intrude on a house next door.

Violations & Fines

Setting up within 250 feet of another food establishment's entrance without the property owner's consent violates § 148-10F(2) and is punishable under § 148-13 by a fine of up to $250 or up to 15 days in jail, or both. The Building Department, which handles primary enforcement of the mobile food rules under § 148-14, can also revoke the vendor's permit for the violation.

Frequently Asked Questions

How close can a food truck park to a restaurant in Amherst?
Not within 250 feet of that restaurant's primary public entrance, under § 148-10F(2), unless the vendor gets written permission from the owner of the property where the restaurant sits.
Can a shopping center invite a food truck near an existing restaurant?
Yes, if the owner of the property containing that restaurant consents. Section 148-10F(2) waives the 250-foot buffer entirely once that permission is obtained.
What happens if a food truck ignores the 250-foot rule?
It's a Chapter 148 violation. Section 148-13 sets a fine of up to $250 or up to 15 days in jail, or both, and the Building Department can revoke the vendor's permit under § 148-10D.

Sources & Official References

Other rules in Amherst

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