(a) 
This article is intended to provide a safe, orderly means for mobile food establishments (“MFE”) to conduct business within the corporate limits of the city. All regulations of this article are deemed necessary for the protection of the health, safety and general welfare of the businesses as well as the citizens of the city.
(b) 
No MFE shall operate without an MFE permit issued by the city subject to this article.
(c) 
The provisions of this article shall be administered by the Director of Development Services or their designee (“director”).
(Ordinance CO03-14-11-20-C1 adopted 11/20/14)
Mobile food establishment (MFE).
A food establishment designed to be readily movable. It may be a motor vehicle, cart or trailer which is towed by a motor vehicle. This definition does not include a seasonal retail business or a peddler as defined in this chapter, as amended.
Semi-stationary MFE.
A MFE which remains in a single location for an excess of 15 minutes.
Transient MFE.
A MFE which is not stationary in any single location for greater than 15 minutes.
(Ordinance CO03-14-11-20-C1 adopted 11/20/14)
(a) 
Semi-stationary and transient MFE permits shall be issued by the Director of Development Services or their designee following review of a complete application for compliance with this article, and subject to payment of any associated fees established in appendix A of this code.
(b) 
The MFE permit is valid for one (1) year from the date of issuance.
(c) 
The MFE permit runs with the establishment, not with the land.
(d) 
The same MFE may be issued both a semi-stationary and a transient MFE permit, provided separate applications are submitted and approved for each permit.
(e) 
The issued MFE permit must be displayed at all times during operation.
(Ordinance CO03-14-11-20-C1 adopted 11/20/14)
(a) 
All MFE shall comply with the following requirements upon application for an MFE permit:
(1) 
All sales from a MFE, when located within the city limits, shall be billed as taxable to the city. The city reserves the right to perform audits to ensure that the city is the location for sales tax revenue and, the city reserves the right to revoke the MFE permit for noncompliance;
(2) 
A mobile food establishment permit has been issued by Williamson County and Cities Health District; and
(3) 
Written consent of the owner of the property(ies) upon which the MFE is to be located is provided.
(b) 
MFE shall not:
(1) 
Cause adverse on-site or off-site traffic impacts;
(2) 
Encroach on a landscape/pedestrian setback along a designated corridor roadway;
(3) 
Encroach on a landscaped compatibility buffer established in the site development ordinance;
(4) 
Include drive-through service; or
(5) 
Operate in required off-street parking spaces, driveways, or fire lanes.
(Ordinance CO03-14-11-20-C1 adopted 11/20/14)
(a) 
Semi-stationary MFE shall be considered an accessory use, unless operating within an approved mobile food establishment court. MFE shall not be considered an accessory structure.
(b) 
Semi-stationary MFE shall only be permitted:
(1) 
In transitional office, general office, business, public services, hospital, transitional commercial, local retail, general retail, commercial services, heavy commercial, light industrial, general industrial, heavy industrial, mixed use, open space recreation, as well as nonresidential areas within planned development zoning districts or the downtown district; and
(2) 
Outside of dedicated rights-of-way.
(Ordinance CO03-14-11-20-C1 adopted 11/20/14)
(a) 
Transient MFE shall only be permitted:
(1) 
Outside of dedicated rights-of-way or in rights-of-way that are not identified by the city as an arterial roadways on the city’s roadway plan;
(2) 
To operate at any time between thirty (30) minutes prior to sunrise and thirty (30) minutes after sunset.
(b) 
Transient MFE shall not:
(1) 
Remain stationary at any one location for more than 15 minutes; or
(2) 
Be located within a residential zoning district unless within a right-of-way.
(Ordinance CO03-14-11-20-C1 adopted 11/20/14)
(a) 
For each violation of this article, the director shall forward written notice of violation to the MFE permit holder advising of the nature and date of the alleged violation, opportunity for a hearing before the director, and penalties for continued noncompliance. The notice of violation shall be delivered to the MFE permit holder, either by (1) personal service; (2) certified mail, return receipt requested, addressed to the MFE permit holder’s last known address; or (3) posting on the MFE or premises in a conspicuous place at or near the entrance to the MFE or premises, in which case a copy of the NOV shall also be mailed by certified mail, return receipt requested, to the MFE permit holder’s last known address.
(b) 
For each alleged violation under this article, the director shall provide an opportunity for a hearing at which the MFE permit holder may present to the director evidence of the nonexistence or remedy of the alleged violation. An MFE permit holder may request a hearing in writing to the director not more than five (5) business days after the date of the notice of violation, and the hearing shall be held within a reasonable time of the director’s receipt of such written request, which shall not exceed ten (10) business days. If not requested in writing within five (5) business days of the date of the notice of violation, the right to a hearing shall be deemed waived. Following the hearing or waiver, the director’s determination shall be final.
(c) 
If the director determines that a MFE permit holder has violated any provision of this article, the director may suspend the MFE permit until all violations have been remedied. If the director determines that there are severe or repeated violations, the director may revoke the MFE permit indefinitely.
(d) 
The holder of a suspended MFE permit may at any time submit to the director a written request for reinstatement evidencing remedy of all violations. The director shall reinstate the MFE permit if all violations have been remedied. The holder of a revoked MFE permit may not re-apply for a period of twelve (12) months from the date of revocation.
(e) 
Notwithstanding the foregoing, the director may immediately suspend or revoke a MFE permit without warning, notice, or hearing if the director finds it necessary to address an imminent risk to public health, safety, or welfare. In such circumstances, the director must advise the MFE permit holder of all measures required to correct any existing violation(s) and/or provide an opportunity for a post-suspension/revocation hearing before the director within a reasonable time after the suspension or revocation, which shall not exceed ten (10) business days.
(f) 
The remedies and penalties provided in this article are not exclusive and shall be cumulative of any other remedies and penalties available under federal, state, or local law.
(Ordinance CO03-14-11-20-C1 adopted 11/20/14)