tag: North Carolina Land Use Litigator: City of Raleigh Postpones Plans to Address Feasibility of Food Trucks

Thursday, December 16, 2010, 10:03 AM

City of Raleigh Postpones Plans to Address Feasibility of Food Trucks

We've written in this space before about the growing popularity of food trucks, their presence in urban centers throughout the Triangle region (Raleigh, Durham, Chapel Hill) of North Carolina, and the land use and business issues arising therefrom. Still hungry, we're back for seconds.

As of early December, it's reported by some news outlets as follows with regard to food truck operability:

Raleigh: Those selling food from trucks must have a business license and health permits. An ordinance prohibits the operation of food trucks within city limits, but owners can apply for event permits. Those cost about $60 and are valid for four weeks in a single spot.

Chapel Hill: Merchants who sell food from trucks must be properly licensed. The town restricts selling food in a public right-of-way. Applications for food trucks are considered on a case-by-case basis.

Durham: Durham allows food trucks on city streets and on Duke University's campus.

Now, reports indicate that Raleigh's Law and Public Safety Committee will not address the issue of food truck regulation until, at the earliest, late January 2011. Apparently the Downtown Raleigh Alliance -- the official nonprofit organization designated to manage and promote downtown Raleigh as a regional center of commerce, tourism, and livability -- has yet to complete important research on economic, legal and practical feasibility, research which will almost certainly include zoning, permitting, and business license issues. This, of course, will only postpone the Raleigh City Council's handling of the topic.

We'll keep on the issue like white on lavender-scented Basmati rice. From Durham's Indian Food On Wheels.

Mike Thelen is a lawyer in Womble Carlyle's Real Estate Litigation practice group. He regularly represents a wide variety of clients in land use and land development issues, from local governments to businesses, in both state and federal venues throughout North Carolina.

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