An established location where food service providers can
prepare and store their food, as well as a location to store a mobile
unit while not in use.
All food products designed for human consumption.
Any business that sells edible goods from a fixed location
and has been inspected and approved by the Environmental Health Department,
including commercial kitchens and commissaries.
The state of being in active, but not necessarily continuous,
movement; capable of being moved and not permanently fixed or placed.
Any person that sells edible goods from a mobile unit within the city, except a person who has been issued a permit to operate an ice cream sales vehicle who is regulated pursuant to article 8.14 of the Code of Ordinances of the city.
Means and includes:
Mobile food truck:
A self-contained motorized unit from which a mobile food
vendor offers for sale or sells edible goods to the public;
Concession cart:
A mobile vending unit that must be moved by non-motorized
means from which a mobile food vendor offers for sale or sells edible
goods to the public; or
Concession trailer:
a vending unit that is pulled by a motorized unit and has
no power to move on its own from which a mobile food vendor offers
for sale or sells edible goods to the public.
Position of the mobile unit when not in motion and addressing
the public for the purpose of sales.
(Ordinance 2014-O0157 adopted 11/20/2014; Ordinance 2020-O0102 adopted 8/11/2020)
(a)
A
mobile food vendor shall complete and submit an application for a
mobile food-vending permit to the environmental health department
manager, which shall be reviewed and approved by the director of planning.
Said vendor shall further complete and pass all required inspections
through the fire marshal’s office and the environmental health
department. The fee for submitting an application for a mobile food-vending
permit shall be $250.00, or as may hereafter be set forth in the annual
budget, said fee to be paid at the time the application is submitted
to the environmental health manager.
(b)
A
mobile food vendor shall obtain both a mobile food-vending permit
and a food service permit from the environmental health department
prior to conducting business in the city. All required inspections
from the fire marshal’s office must be successfully completed
prior to consideration and approval of a mobile food-vending permit
by the environmental health department.
(c)
The
mobile food-vending permit issued by the environmental health department
shall be valid for one (1) year from the date of permit issuance.
(d)
Exception:
Mobile food vendors using concession carts solely for the sale of
ice cream shall be exempt from this article.
(Ordinance 2014-O0157 adopted 11/20/2014; Ordinance 2020-O0102 adopted 8/11/2020)
Subject to the provisions of this article, mobile food vendors
shall be permitted to conduct business in the following zoning districts:
C-3, C-4, IHC, IHI, M-1, M-2, CB1, CB2, CB3, CB4, CB5, and CB6, or
any equivalent district(s) should zoning designations be altered,
as determined by the director of planning. Additionally, mobile food
vendors shall be permitted to conduct business in the following locations;
AM zoning district generally located within the boundaries of 19th
Street to the north, Indiana Avenue to the east, 24th Street to the
south, and Quaker Avenue to the west, more particularly described
in the city’s comprehensive land use plan as the “AM Policy
District.” Mobile food vendors shall be permitted to conduct
business in city parks upon completion and receipt of a parks and
recreation mobile food vendor agreement, but only in the places and
times set apart and designated by the director of parks and recreation.
(Ordinance 2014-O0157 adopted 11/20/2014; Ordinance 2020-O0102 adopted 8/11/2020)
(a)
A
mobile food vendor shall not conduct business within any residential
or apartment zoning district. A mobile food vendor shall not conduct
business within two hundred (200) feet of the boundary line of any
residential or apartment zoning district.
(b)
A
mobile food vendor shall not conduct business within two hundred (200)
feet of the primary entrance of an open and operating food service
establishment. This buffer may be reduced upon receiving written,
notarized permission from the owner of said establishment.
(c)
If a new food service establishment opens within the two hundred (200) foot buffer of a mobile food vendor as set forth in subsection (b) above, the mobile food vendor must receive written, notarized permission from the new establishment’s owner to continue operating at that location.
(d)
A
mobile food vendor shall not locate closer than nine (9) feet to any
front property line (adjacent to any street) or any rear property
line (adjacent to any alley). The mobile food vendor shall not locate
a mobile unit in such a manner or location that obstructs or causes
to be obstructed the passage of any sidewalk, street or alley or any
other public place, by causing people to congregate at or near the
mobile unit.
(e)
A
mobile food vendor shall not locate on any private property without
written permission to do so and must comply and leave the property
if asked to leave by the property owner. A copy of the owner’s
written and notarized permission to operate in a specific location
signed by the owner shall be kept within the mobile unit at all times.
(Ordinance 2014-O0157 adopted 11/20/2014; Ordinance 2020-O0102 adopted 8/11/2020)
No mobile food vendor shall operate between the hours of 3:00 a.m. and 6:00 a.m. The mobile unit shall be properly stored at its commissary location as required by section 8.19.007 and shall not be left or stored at any alternate location.
(Ordinance 2014-O0157 adopted 11/20/2014; Ordinance 2020-O0102 adopted 8/11/2020)
The following regulations shall apply to mobile food vendors:
(1)
A
mobile food vendor shall comply with all regulations established and
enforced by the environmental health department and the fire marshal’s
office and maintain compliance with all requirements with regard to
permitting.
(2)
Each
mobile unit shall be equipped with a portable trash receptacle and
the mobile food vendor shall be responsible for proper disposal of
solid waste and wastewater in compliance with the Code of Ordinances
of the city.
(3)
Noises emanating from a mobile unit shall not violate article 14.04 of this Code of Ordinances or state law. Noxious fumes or odors shall not emanate from a mobile unit, unless effectively abated in an approved manner.
(4)
A
mobile unit shall be parked on a properly paved surface as set forth
in section 40.01.003(109)(A) of the Code of Ordinances of the city
when at a stationary location.
(5)
A
mobile unit shall not block any fire lane or drive aisle.
(6)
No
mobile unit may park on a lot without a primary structure, unless
the mobile unit is conducting business in the central business district.
(7)
Except as otherwise approved, a mobile food vendor shall register a commissary location with the environmental health department at which the mobile unit shall be stored when a mobile food vendor is prohibited from conducting business as set forth in section 8.19.005.
(8)
No mobile food vendor shall conduct business in the public right-of-way and shall not block access to any parcel or alley, unless a proper street use license is approved by the city pursuant to section 36.01.004 of the Code of Ordinances.
(9)
No
mobile unit shall locate in such a manner as to cause any obstruction
within a visibility triangle as set forth in section 40.03.2196 of
the Code of Ordinances.
(10)
It shall be unlawful for any person to operate as a mobile food vendor
without complying with the state food establishment rules as amended
from time to time.
(11)
a mobile unit shall be inspected by the fire marshal’s office
prior to the issuance of a mobile food-vending permit. The inspection
shall take place at the fire marshal’s office and shall include
the following:
(A)
A valid driver’s license and current Texas Department of Public
Safety license plates and state inspection sticker, except for a concession
cart which is not required to have license plates or an inspection
sticker. The mobile unit must be in good working order.
(B)
A mobile unit must have a 2A:10B:C sized extinguisher with an annual
inspection tag from a state-licensed inspection company or a receipt
indicating purchase within the past year. If frying media (grease)
is used, a class K extinguisher shall be required in the mobile unit.
Any mobile unit equipped with an automatic extinguishing system shall
have a current (bi-annual) inspection tag from a Texas licensed inspection
company. All mobile units shall maintain ten (10) feet of clearance
for access. Mobile units equipped with an automatic extinguishing
system shall maintain ten (10) feet of clearance from combustible
structures. Mobile units not equipped with an automatic extinguishing
system that produce grease laden vapors shall maintain a fifty (50)
foot distance from combustible structures or parked, unattended vehicles.
(C)
All cooking appliances in the mobile unit shall be of an approved
type, listed and labeled, for the use intended. Appliances shall be
installed in accordance with the manufacturer’s instructions.
Coleman camp stoves or the equivalent shall be prohibited. All cooking
appliances shall have an approved, labeled and listed on-off valve.
(D)
All propane and natural gas appliances shall be pressure tested annually
and have only approved listed parts and no rubber hoses shall be allowed.
All piping shall be in accordance with Natural Fire Protection Association
(NFPA) 58 and be protected from physical damage. Mounting and placement
of containers shall comply with NFPA 58 and Texas Department of Transportation
regulations. The capacity limit of propane and natural gas containers
or cylinders shall be determined by the fire marshal’s office
after consideration of features that secure and protect the container.
(E)
Cooking surfaces in the mobile unit shall be kept clean of grease
build-up. Trash containers and debris shall be emptied regularly.
Extension cords shall not be utilized for appliances. Appliances shall
be plugged directly into electrical outlets.
(F)
The fire marshal’s office is herein authorized to conduct all
inspections as necessary to determine the extent of compliance at
any time.
(Ordinance 2014-O0157 adopted 11/20/2014; Ordinance 2020-O0102 adopted 8/11/2020)
(a)
Any
mobile unit stored on a commercial lot shall be entirely enclosed
within a building, or hidden from view behind the primary structure.
(b)
Any
mobile unit stored in a residential area shall comply with the Code
of Ordinances of the city as to the recreational vehicle standards
for storage.
(Ordinance 2014-O0157 adopted 11/20/2014; Ordinance 2020-O0102 adopted 8/11/2020)
