ALL FOOD TRUCK VENDORS SHALL ABIDE BY ALL APPLICABLE ORDINANCES WITHIN THE TOWN OF TOPSAIL BEACH. REGULATIONS TO FOOD TRUCK VENDORS CAN BE FOUND IN SECTION 18-70 FOOD TRUCKS.
Section 18-70 Food Trucks:
(c) Permitting.
(1) A valid Topsail Beach Food Truck License shall be required to operate a food truck within the B-1 and B-2 Zoning District in the Town of Topsail Beach. A regulatory fee as adopted in the schedule of fees shall be assessed to cover the costs associated with regulation of food trucks. All food truck operators shall obtain an annual license from the town manager or their designee. Food trucks in operation prior to the adoption of this ordinance must comply within thirty (30) days of the official adoption.
(2) A Topsail Beach Food Truck License shall be valid one year from the date the license is issued. This license shall be produced upon request by any town representative.
(3) Food truck operators shall have written approval of the hosting business owner or operator at any location at which the food truck operates. This approval shall be produced upon request by any town representative.
(4) Food trucks shall provide documentation of approval from the North Carolina Department of Health or North Carolina Department of Agriculture and Consumer Services, a valid NC registration for all vehicles used in the operation of the truck. A copy of their valid driver's license and proof of insurance. A valid health permit or most recent notice of inspection must be maintained for the duration of the food truck permit and shall be placed in a conspicuous location for public inspection.
(5) A food truck license does not include itinerant or satellite merchants as defined in Section 18 of the Town Ordinance.
(6) No license issued shall authorize a food truck to operate on or from a public street.
(7) Hosting businesses must declare their intent to permit food trucks at their brick-and-mortar business annually.
(8) A Certificate of Insurance for Food Trucks naming the Town of Topsail Beach as "Additional Insured" and a General Aggregate coverage minimum of at least $1 million is required. The Certificate of Insurance must provide coverage for the entirety of the event or period of time permission was given to operate the food truck in Town, with no lapse in coverage. An updated certificate must be submitted each year upon renewal.
(d) Regulations. Food trucks shall only be allowed to operate on the premises of a business or commercially zoned property.
(1) No food truck shall operate with the service window facing any street within the corporate limits.
(2) A trash receptacle shall be provided for customers. All associated equipment, including trash receptacles, must be within three (3) feet of the food truck.
(3) Temporary connections to municipal water. All electrical connections shall be in accordance with the State Building Code.
(4) Food trucks shall only operate on private property, unless they are part of a town approved special
(5) No food truck shall conduct business on any sidewalk, upon any public road in the town, or any property owned by the town; except for town approved special events. Food trucks must be parked at least five (5) feet from the edge of the pavement.
(6) No liquid, grease or solid wastes may be discharged from the food truck. Absolutely no waste may be disposed of in tree pits, storm drains, or public streets.
(7) Food trucks must have the following fire extinguisher on board during hours of operation: minimum Class 2A, 10B, and c rated extinguisher. If food preparation involves deep frying, a Class K fire extinguisher must also be on the truck. All National Fire Protection Association (NFPA) standards shall be met to include fire extinguishers and fire suppression hood systems shall be maintained. This provision shall be enforced by the town fire marshal or his/her designee.
(8) A food truck vendor shall not operate the food truck as a drive-thru window.
(9) Lighting shall be such that minimizes the glare on roadways and surrounding properties.
(10) No signage shall be allowed other than signs permanently attached to the motor vehicle and one temporary sign may be permitted in accordance with the temporary sign standards in Section 16-96 Signs (d) Temporary Signs.
(11) The noise level from the food truck shall comply with the town's noise ordinance.
(12) No vendor shall remain on site at one property for more than twelve (12) hours in a twenty-four (24)- hour period, unless the property is owned by the food truck operator and is the site of a brick-and-mortar business owned by the same individual(s) who utilize the location as the truck's commissary kitchen.
(13) Food trucks shall be positioned at least fifteen (15) feet away from any fire hydrants, any fire department connection, utility box or vault. The food truck shall not be located within any area of the lot that impedes, endangers, or interferes with pedestrian or vehicular traffic. A food truck shall not impede ingress and egress from driveway entrances, handicapped parking spaces and ramps, building entrances and exits.
(e) Suspension and revocation of license.
(1) The license issued for the food truck business may be revoked if the vendor violates any of the provisions contained in this article.
(2) The town manager or their designee may revoke a license if he or she determines that the food truck vendor's operations are causing parking, traffic congestion, or litter problems either on or off the property where the use is located or that such use is otherwise creating a danger to the public health or safety.
(3) The town manager or their designee reserves the right to temporarily suspend food truck licenses during times of special events.
(f) Unlicensed food trucks.
(1) Food truck owner and or operator found to be operating without a license are subject to a fine up to five hundred dollars ($500.00) and shall immediately cease operations until a valid license is obtained.
(2) Any food truck with an outstanding fine will be ineligible to operate within Town limits until the fine is paid.