Food vendors rules vary by town

Last week, the Marion City Council took another vote on the presence of mobile food vendors in the downtown.
And as it turns out, some other nearby cities have different approaches toward allowing food carts in their downtown areas.
After hearing complaints from some downtown restaurant owners about unfair competition, the Marion City Council voted 4-1 Tuesday, Sept. 15 to raise the rates for mobile food vendors so they would end up paying $1,200 a year for their food carts. The higher fee applies only to those mobile vendors doing business in the downtown area.
They took this action after listening to concerns expressed by Mike Ornberg of the Crooked Door Coffee House and Bruce Brown of Bruce's Fabulous Foods, both of whom felt the previous fee of $100 a year was unfair to their businesses. At last week's meeting, council heard a recommendation from the city's Planning Board, which recommended that the council raise the yearly $100 fee to $1,200, or $100 a month. That fee increase would only apply to vendors operating in the downtown's central business district.
After a discussion, council voted 4-1 to change the permitting cycle for mobile food vendors in the downtown area to a six-month cycle. They would also have to pay a $600 fee every six months. Councilman Cecil Owenby voted against the motion.
In August, the City Council approved changes to the city rules that would allow for mobile food vendors, such as hot dog stands, in the downtown district. The rules state that the vendors can operate pushcarts only in five designated downtown areas: the corner of Main and Court streets, gazebo and parking lot on Main, the sidewalk in front of the Depot, the sidewalk on Logan in front of the Community Building's park and the West Henderson Street parking lot.
They can also operate the food carts in other areas around Marion such as the five lane and East Court Street. But those carts have to be on private property and have permission from the owner.
Of course, all eating establishments are inspected by the Health Department and must meet health requirements.
Before the rules were approved in August, mobile food vendors were not allowed in downtown Marion.
Morganton does not allow mobile food vendors to operate in its central business district. They can set up shop only within the general business district, for example the Rose's shopping center along South Sterling Street. Areas zoned as light industrial can also have a mobile food cart. But they are not allowed in the downtown area of Morganton.
Those who wish to operate a food carts in the areas where they are allowed have to pay a $100 a year fee.
"First of all, you have to get a business license from the city," said Russ Cochran, senior planner for the city of Morganton. "We have had some people outside of our central business district open those up."
In May 2006, Morganton officials developed an itinerant merchants policy and mobile food vendors fall under that category, Cochran added.
Officials in Rutherfordton recently dealt with the issue of mobile food vendors in an indirect way.
Town Clerk Holly Davis said the Rutherfordton Town Council recently had a problem with solicitation in the downtown areas. Mobile food vendors were mentioned as part of that discussion.
As a result of the Town Council's action, you can have a hot dog stand or a food cart in the downtown area of Rutherfordton but not in the residential areas. They can be on the sidewalks in the business district but they cannot do business on the streets. They can also operate in a private parking lot as long as the owner gives permission. They cannot use town-owned parking lots.
Mobile food vendors in Rutherfordton come under the rules for peddlers. They have to pay the peddler's privilege license of $25 a year.
In nearby Forest City, food carts are allowed in the downtown area and the operators don't have to pay a fee. Forest City does not charge them business licenses or permit fees at all, according to City Clerk Sandra Mayse.
Mayse added that a man operated a hot dog stand in Forest City for a year or two but he is no longer in business.
The town of Valdese, which is a popular gathering spot for cruisers, does not allow mobile food vendors at all. The carts are not allowed in both the central business and general business districts in town, according to Town Planner Larry Johnson.
However, Valdese's Main Street has several popular restaurants that cater to tourists and the cruisers who like to show off their cars.