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Home/Guides

How to start a food stand, cart or concession booth in the US

Updated October 20, 2026

To start a food stand in the US, first work out which kind you are: a booth at a single event (a temporary food permit), a cart or stand that trades regularly on the street (a mobile food or sidewalk vending permit, usually with a commissary), or a stand selling only packaged, shelf-stable snacks or whole produce (which some places don't treat as a food establishment at all). Then get the matching health permit, any city vending license, insurance and a way to take payments. Fees are often modest: New York City's temporary food service permit is $70 a year, and Austin charges $62 per booth for a 1–14 day event.

In short

  • One event: the FDA Food Code model defines a temporary food establishment as one operating no more than 14 consecutive days with a single event or celebration.
  • Regular cart or stand: a mobile food permit, usually with a commissary. In Los Angeles County, sidewalk carts are "compact mobile food operations."
  • Packaged snacks or whole produce only: Los Angeles County needs no health permit if you stay within 25 square feet; under the Food Code model, a stand selling only whole, uncut produce isn't a food establishment.
  • Kids' lemonade stands in Texas: state law stops cities and counties from requiring a permit or fee for occasional sales by under-18s.

Not legal advice. Vending rules are set by states, counties and cities. Check with your health department and city. Figures were read on the agencies' own pages on October 20, 2026.

Which kind of food stand are you?

Your standUsual permitNotes
Booth at a fair, festival or market for a few daysTemporary food permit for that eventAlso register with the event organizer
Hot dog cart or stand trading on the street most daysMobile food or sidewalk vending permitUsually needs a commissary to store, prep and clean
Stand selling only packaged, shelf-stable snacks or drinksSometimes no health permitFood Code model excludes operations offering only prepackaged non-TCS foods
Farm or produce stand selling whole, uncut fruit and vegetablesOften no health permitFood Code model excludes these
Home-baked goods at a marketCottage food rulesSee our cottage food laws guide

Step 1: Pick your food and your spot

A stand works best with one or two hero items and a few add-ons: hot dogs, tamales, kettle corn, lemonade, coffee, shaved ice. The fewer things you cook on site, the simpler your permit and equipment.

Choose where you'll sell before you buy anything. Event booths depend on getting into good events; street carts depend on where your city allows vending and how many permits it issues.

Step 2: Check the rules where you'll sell

Here's how three places handle stands and carts:

PlaceEvent boothStreet cartFees on the agency's page
New York CityTemporary food service establishment permit, valid one year from the end of the month issued, not renewable (apply new each year); keep it at every eventMobile food vending license (person) and permit (cart); permits are capped with waiting listsTemporary permit $70; vending license $50; two-year cart permit $200 (food prepared on the cart) or $75 (pre-packaged)
Los Angeles CountyA health permit for permitted community events (ask Environmental Health)Compact mobile food operation (CMFO): a pushcart, stand, wagon or other non-motorized unitNo health permit for prepackaged non-perishable food or whole produce within 25 sq ft; otherwise a permit and usually a commissary
AustinTemporary food event permitMobile food vendor permit with a Central Preparation FacilityTemporary event $62 per booth (1–14 days), $120 if late; mobile vendor permit $309

In New York City, a restaurant or vendor whose existing food permit covers the event doesn't need a separate temporary permit. In Los Angeles County, operating without a needed permit can bring a fine of up to three times the permit fee (since January 1, 2024).

Step 3: Register the business

Even a small stand is a business, and event organizers often ask for your details.

  • Choose a structure (sole proprietor or LLC).
  • Get an EIN from the IRS online, free; you'll need one once you hire staff.
  • Register for sales tax with your state; many events check.
  • Ask your city whether you need a business or vending license on top of the health permit.

Step 4: Get your health permit

Apply early. Events often set deadlines weeks ahead, and Austin charges almost double for a late temporary permit ($120 instead of $62). For a cart that trades regularly, the FDA Food Code's model rule is to apply at least 30 days before opening, and you'll usually need:

  • a commissary or approved base to store, prep and clean (Los Angeles County lets up to two carts be stored at an approved home with a Home Storage Endorsement, but a separate commissary is still needed for cleaning and for food that needs temperature control);
  • a handwashing setup at the stand;
  • hot food at 135°F or above and cold food at 41°F or below, the Food Code's holding temperatures.

Step 5: Set up your stand

Build a setup your inspector will pass and that's quick to put up:

  • a canopy, tables and a washable floor covering if the event asks;
  • a handwashing setup that meets your health department's rules (ask whether a portable station with warm water, soap, paper towels and a catch bucket is accepted);
  • coolers or refrigeration with thermometers, and hot-holding equipment;
  • a clear menu board with prices and allergens.

In Los Angeles County, a sidewalk cart can only use a barbecue or other separate cooking equipment at a permitted community event, not during normal street operation.

Step 6: Get insurance and know the event's rules

Most events ask for general liability insurance and a certificate naming them as additional insured. Read each event's vendor rules: fire extinguishers, generator noise, setup times and whether you can sell items another vendor already sells.

Step 7: Price for the event fee

Price each item from your ingredient and packaging cost, then check how many sales cover your booth or permit fee (see the worked example below). The menu price calculator helps.

If you sell packaged items, label them. The free food label maker has a US mode with FDA's nine major allergens.

Step 8: Take payments and orders ahead

Most customers expect to pay by card or phone. A QR code on the stand also lets people read your menu while they wait, and regulars can pre-order for pickup.

How Menuthere helps. Menuthere gives you an ordering page and QR codes free, with 0% commission and 50 orders a month, and allergens tagged on each item. You can close ordering with one button when you pack up. Lite (US$17 a month) adds unlimited orders, scheduled pickup times and card payments through your own Stripe account. Make a QR code with the free menu QR code generator.

Put your stand's menu on a QR code. with 0% commission.

Create your free ordering page

Worked example: does a lemonade booth cover its permit?

Lemon and sugar prices are the BLS U.S. city average retail prices for September 2026; the recipe, cup cost and price are assumptions. The permit is Austin's temporary event fee.

LineAmount
Lemons for 1 gallon (2 lb at $2.128/lb)$4.26
Sugar (0.66 lb at $1.019/lb)$0.67
Ingredients per gallon$4.93
Ingredients per 16-oz cup (8 cups a gallon)$0.62
Cup, lid and straw (assumed)$0.25
Cost per cup$0.87
Price per cup (assumed)$5.00
Margin per cup$4.13
Austin temporary event booth (1–14 days)$62.00
Cups to cover the booth fee16

So the permit is paid off by your sixteenth cup, before ice, the canopy and your time. Pay the fee late ($120) and you'd need 30 cups.

A note on kids' stands in Texas: since September 1, 2019, Texas Local Government Code §250.009 says cities, counties and local health authorities may not prohibit or regulate, including by requiring a license, permit or fee, the occasional sale of lemonade or other nonalcoholic drinks from a stand on private property or in a public park by someone younger than 18. A business run by adults still needs the normal permits.

Your food stand checklist

  • Stand type decided (event booth, street cart, packaged-only, produce)
  • Health department and city rules checked for each place you'll sell
  • Health permit (temporary or mobile) and any vending license
  • Commissary or approved base if your permit requires it
  • Handwashing setup, thermometers, hot and cold holding
  • Insurance certificate for events
  • Prices set; break-even on the fee worked out
  • Card payments and a QR code menu ready

Related guides

Planning a full sit-down or counter-service restaurant? Read our step-by-step guide on how to open a restaurant, with a 6-month timeline. You may also want to read how to start a food truck business and how to start a home food business.

Frequently asked questions

Do I need a permit for a food stand?

Usually, yes. A booth at an event needs a temporary food permit, and a cart that trades regularly needs a mobile food or vending permit. Some places don't require a health permit if you sell only packaged, shelf-stable foods or whole produce; Los Angeles County, for example, exempts those within 25 square feet.

How much is a temporary food permit?

It depends on the city. New York City's temporary food service establishment permit costs $70 and lasts a year from the end of the month it's issued. Austin charges $62 per booth for a 1–14 day event, or $120 if you apply late.

What is a temporary food establishment?

Under the FDA Food Code model, it's a food establishment that operates for no more than 14 consecutive days in conjunction with a single event or celebration, such as a fair or festival.

Do I need a commissary for a hot dog cart?

Usually, if you sell food that needs temperature control. Los Angeles County requires a commissary or alternate commissary for carts that sell anything beyond prepackaged non-perishable food or whole produce, and New York City requires vendors to get food from a commissary or other licensed establishment.

Can kids run a lemonade stand without a permit in Texas?

Yes, for occasional sales. Texas law since September 1, 2019 stops cities, counties and local health authorities from requiring a license, permit or fee for the occasional sale of lemonade or other nonalcoholic drinks by someone under 18 on private property or in a public park.

Can I sell homemade food at a stand?

It depends on your state's cottage food law. Many states let you sell shelf-stable home-baked goods directly to customers at markets and events, with a home-kitchen label and a yearly sales cap. Foods that need refrigeration usually need a licensed kitchen.

Sources (8)
  • FDA, Food Code 2026: https://www.fda.gov/media/194741/download (accessed 20 Oct 2026): 1-201.10(B) "temporary food establishment" (no more than 14 consecutive days, single event); "food establishment" excludes operations offering only prepackaged non-TCS foods and produce stands offering only whole, uncut fresh fruits and vegetables; 3-501.16 holding temperatures; 8-302.11.
  • NYC Business, Temporary Food Service Establishment Permit: https://nyc-business.nyc.gov/nycbusiness/description/temporary-food-service-establishment-permit (accessed 20 Oct 2026): $70; valid one year from end of month issued; not renewable; existing FSE or MFV permit may cover the event.
  • NYC Business, Mobile Food Vending Unit Permit (Full-Term): https://nyc-business.nyc.gov/nycbusiness/description/mobile-food-vending-unit-permit-full-term; NYC311, Food Cart Vendor License: https://portal.311.nyc.gov/article/?kanumber=KA-03354 (accessed 20 Oct 2026): $200/$75 permit; $50 license; caps and waiting lists; commissary rule.
  • Los Angeles County Environmental Health, Compact Mobile Food Operations FAQ: http://publichealth.lacounty.gov/eh/faq/compact-mobile-food-operation.htm (accessed 20 Oct 2026): CMFO definition; no permit for prepackaged non-PHF or whole uncooked produce within 25 sq ft; fine up to 3× permit fee after 1 Jan 2024; home storage endorsement (up to two carts) plus a separate commissary; barbecue only at permitted community events.
  • Austin Public Health, Permit Fee Schedule ("effective November 1, 2026"): https://www.austintexas.gov/health/permit-fee-schedule (accessed 20 Oct 2026): temporary food events 1–14 days $62/booth, late $120; mobile vendor permit $309.
  • Texas Legislature, H.B. 234 (86th R.S., 2019), engrossed text adding Local Government Code §250.009 and Property Code §202.020, effective 1 Sep 2019: https://capitol.texas.gov/tlodocs/86R/billtext/pdf/HB00234E.pdf (accessed 20 Oct 2026).
  • BLS, Average Price Data, September 2026: APU0000711412 Lemons $2.128/lb; APU0000715211 Sugar, white $1.019/lb (api.bls.gov, accessed 20 Oct 2026).
  • FDA, Food Allergies (nine major allergens) (accessed 20 Oct 2026).
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