Food Truck Regulations

 

Great Circle Catering, Pease Tradeport
Great Circle Catering, Pease Tradeport

City Ordinances applicable to food trucks include: Chapter 6: Article XIII: Hawkers and Peddlers, Health Department regulations (pursuant to Chapters III & IV), and Chapter 10: Zoning, while the City’s annual budget resolution (pursuant to Chapter I, Article XVI) establishes fees relating thereto.

The City currently allows the location of food truck operations as follows: 

  • Operation in one or two designated public parking spaces on State and Hanover Streets (allowed via annual RFP, only available from April 15-November 15, 7 am – 11 pm unless otherwise approved, subject to City licensing and minimum bid of $5,000);
  • Operation on private property for seasonal sales of prepared food as permitted by the Zoning Ordinance (permitted in zones CD4, CD5, GB, B, CD4-W, OR, I, WI and by special exception from the Zoning Board of Adjustment in G1) - please be sure to contact the Planning Department for any additional zoning provisions that may apply to a specific proposal;
  • Operation as part of a special event (such as the Cisco Brewery festival); and
  • Vendors who wish to operate from public property must also receive a Vendor’s License from the City Clerk. Requirements of this license include:
    • payment of a fee of $250;
    • proof of an insurance policy (combined single limit of $1,000,000) naming the City as an additional insured;
    • and compliance with a variety of rules pertaining to public safety, egress, traffic and circulation, cleanliness, trash removal, and noise.  Additional restrictions on location when vending from public property (including streets and sidewalks) include:  Not within 1,000’ of a school (one hour before and after start/dismissal hours); not within 1,000’ of a hospital, not within 50’ of a public assembly building while in use, and not in front of the North Church. 

Regardless of location, in order to operate the City requires all food trucks to:

  1. Receive a Mobile Food Service Permit (permit fee $200) from the Health Department. Key performance measures of this permit include that the units:
    • operate out of a licensed, inspected commissary and receive daily service, when operating, at the designated commissary, and;
    • all equipment must be manufactured by a licensed manufacturer and National Sanitation Foundation (NSF) or equivalent certified with the required hand sinks; no aftermarket alterations or home-built equipment shall be permitted. ​​​​​​
  2. Be clearly identified, pursuant to Section 6.1311 of our ordinances: All motorized food vendors operating in the City of Portsmouth are required to have lettering on both sides and rear of their vehicle(s), identifying the name of the business. The letters shall be at least four inches (4") in height and of such color and design as to be clearly visible at a distance of at least fifty (50) feet. The letters shall be of a material and affixed in a manner approved by the Licensing Officer.