July 26, 2026
By Jonathan Rich
BrevardBeagle.com
At its July 20 meeting, Brevard City Council unanimously approved the municipality’s first pilot food vendor program for operating mobile food carts on city-owned property.
The city currently permits mobile food vendors on city-owned property temporarily at limited special events such as the White Squirrel Weekend and the recent America 250 July 4th festivities.
The new pilot program, which will run from Aug. 1 to Dec. 31, will expand those offerings to select locations on Fridays, Saturdays, and Sundays then allow officials to evaluate a possible longer-lasting solution.
Senior City Planner Emily Brewer explained to Council that a total of three food truck locations and nine motorized food cart locations on city property will be part of the pilot program.
“Mobile food vendors have become an increasingly popular amenity in communities across North Carolina and provide flexible dining options while supporting local entrepreneurs and small businesses,” Brewer told the Council. “The goal of this pilot program is to activate public spaces, provide additional food options for residents, businesses, and visitors, and support local business opportunities while maintaining appropriate operational standards to protect public facilities and the surrounding neighborhood.”
The approved city-owned spots are:
Motorized Food Trucks
- Jordan Street parking lot (no generator permitted – electrical hookup only)
- Brevard Sports Complex parking lot
- Silversteen parking lot * (beginning October 2026 following construction in area)
Non-Motorized Vendors - Clemson Plaza
- Brevard Dog Park
- Franklin Pool
- Silversteen Park
- Brevard Skate Park
- Brevard Sports Complex soccer field
Before approval for the pilot program was passed, Brewer explained the conditions and concerns undertaken in devising the rules all approved vendors must follow to park on city property and sell their wares.
Many mobile food trucks and carts often need electrical hookups in order to both refrigerate and cook their products as well as power lights and appliances within the mobile unit, but public electrical outlets are not always easily accessible on public property.
Some mobile food vendors use portable generators to accomplish this, but those devices typically emit loud noises and emissions when operating.
Additionally, a food truck in a parking lot with a generator might take up multiple parking spaces which are already in high-demand adjacent to a city-owned property. Without a dedicated placement, the mobile food vendor could infringe upon spaces near city-owned property designated for disabled drivers to access.
Under provisions of the pilot program, applicants would pay $100 to apply for a permit to operate on designated city properties on Fridays, Saturdays and Sundays from 11 a.m. to 9 p.m. The vendor would have to provide proof of liability insurance and a Health Department permit if vending food or beverages.
Approved vendors will be allowed to occupy a spot on a specific city property up to 20 minutes before and up to 20 minutes after weekend hours of operation. The mobile unit must vacate the spot at the end of the day and remove all associated equipment, signage, trash, and debris each night.
Use of a vendor spot would be on a first-come, first-served basis and only one vendor will be permitted at each location.
Other provisions include:
- No mobile food vendor shall take up more than one designated 10×10 foot space.
- Vehicles used to tow mobile vending units shall be moved to a secondary location prior to operation in order to maintain adequate public parking and circulation.
- No temporary structures, tents, or tables are permitted with the mobile vendor. Umbrellas or protective coverings may be permitted if attached to the vendor cart or truck.
- If permitted as a non-motorized vendor cart, the unit cannot be connected to power. Any food preparation, if applicable, must be done off-site.
- Each vendor is allowed one sign with a maximum display area of 8 square feet per side and a maximum height of 4 feet (measured from the ground).
- No audio amplification is allowed as part of the mobile vending operations.
- The operator or their designee must be present at all times, except in cases of an emergency.
- The vendor shall comply with all federal, state, and local laws when operating the unit. The approved pilot program reservation shall be visible at all times, along with any other permits required to be displayed by Transylvania County or the State of North Carolina.
- Vendors are responsible for keeping the area clean during and after operation. Each mobile vendor shall supply at least one waste receptacle, which must be removed at the end of each day. City trash receptacles shall not be used for the vendor’s waste.
- Vendors must maintain professional behavior. No harassment of passersby or aggressive solicitation will be tolerated.
- The sale of alcohol, tobacco, cannabis, hemp products, or other controlled substances or prohibited items is strictly prohibited.
Councilman Gary Daniel expressed concern that a food vendor working out of the city’s public parking lot off Jordan Street would be using public utilities such as electricity for free inside the municipal service district, but not pay a $200/month MSD tax to recycle cardboard due to not having a fixed business address while actively competing for customers’ dining dollars at two nearby restaurants which do pay this annual fee.
“My concern is that we might be putting a business in the MSD that does not pay the MSD tax. How does that work? I don’t understand how we can do that,” Daniel asked. “There are two brick-and-mortar restaurants across the street from that site that a food cart or truck would be in direct competition with. Both of those businesses will have their fees raised for recycling as well as their taxes raised, which these new folks will not be paying. I find that location questionable. I’m not sure I agree with that, actually.”
Brevard City Manager Wilson Hooper agreed that the food truck vendor would be using free electrical hookups and electricity to operate during the pilot program and not pay the MSD tax, but added that is something that can be monitored during the next five months of the initial program and evaluated if there is interest in extending it.
“They would be using city property and city property is tax exempt,” Hooper explained. “If you decide to let them use city property in that way, it’s a decision that is up to you.”
Mayor Pro Tem Aaron Baker said he understood Daniel’s reservations, but then reservations are rarely needed to get a hot dog, pretzel or snow cone from a food vendor.
“There are restaurants downtown who rent that aren’t directly paying the MSD tax,” Baker said. “Property owners pay that tax and you could argue that it gets passed down, but there are certainly restaurants that are not directly paying the MSD tax. If they are a food truck, they may be operating out of a commissary kitchen which may be in the MSD which would be required to pay the fees, so it is certainly being collected in other ways.”
Baker did ultimately endorse the pilot food truck program along with the rest of Brevard City Council.
“Activating public spaces, especially some place like Clemson Plaza which If you ask me is begging for a hot dog cart or a popsicle stand, is a beautiful space that could really use something like that to make sure it is taken advantage of.”
“I don’t think I see a provision which states City Council can choose what kind of food truck goes there, which I think is a huge oversight,” joked Councilman Lauren Wise. “I do think since this is a pilot program that we need to see how active the trucks are and to hear from our local businesses about what they feel the impacts are.”
Additional details and information about food vendor pilot permits and applications for a spot can be found at www.cityofbrevard.com/1542/Food-Vendor-Pilot-Program.