POLICY DATABASE
Policy Summary

This section generally regulates and sets permitting requirements for food trucks, food trailers and other mobile vendors and for mobile vendor courts. However certain operators including non-profit entities that engage in temporary sales for less than five (5) consecutive days and non-profit organizations that prepare and donate or give away food for free are exempted from its provisions.

Background Information

State Arkansas
Jurisdiction Name Fayetteville
Jurisdiction Type City,
Population Size 50,000-200,000
Legal Strategies
  • Expressly allows something
  • Requires something, sets standards
Reach Community-wide
Food System Category Distribute; Get;

Policy Details

Refers to priority populations?
Yes

The law provides that "mobile vendors shall comply with the Federal Americans with Disabilities Act (ADA) requirements if the public has access to the interior of any mobile vending unit." § 178.04(c)(7).

Health-related goal?
Yes

The "purpose" of the chapter in which this section is found includes "protecting the health, safety and welfare of citizens" as part of the stated objective. § 178.01.

Environmental goal?
No

Economic goal?
Yes

The purpose of the chapter in which is this section is found articulates an intent to "promote and encourage open air commercial environments." § 178.01.

Includes findings?
No

Has a stated intent or purpose?
Yes

"The purpose of this section is to facilitate and control the ability of mobile vendors and mobile vendor courts to operate while ensuring such use is compatible with nearby properties, fosters an aesthetically appealing streetscape and does not create a dangerous traffic condition." §178.04 (A).

Includes definitions?
Yes

§178.04 (B)

Addresses implementation?
Unclear

The law specifies requirements for permits and site plans that are impliedly reviewed by the Planning Division. § 178.04(C)(2), (8) and §178.04(D)(1).

Enforcement provisions?
Yes

Suspension and or revocation of permit. § 178.04 (H) (I).

Evaluation component?
No

Requires extra investment?
No

Code context and ordinance history

This policy is located in the City of Fayetteville Code of Ordinances, Title XV: Unified Development Code, Chapter 178: Outdoor Vendors. History: Ord. No. 5185, 10-7-08; Ord. No. 5425, 8-2-11; Ord. No. 5498, 05-01-12; Ord. No. 5666, 3-18-14; Ord. No. 5979 , §§5, 6, 5-16-2017.