The Texas Food Establishment Rules (“rules”), contained in chapter 228 of the Texas Administrative Code, title 25, as adopted by the Texas Board of Health in October, 2015, and as they may be modified by the Texas Board of Health from time-to-time, are hereby adopted, except as amended, modified, and deleted by this article, as the minimum standards for food, food establishments, mobile food establishments, and temporary food establishments within the city limits; provided, however, that in said rules the words “Municipality of Gunter” shall be understood to refer to the city. A copy of the Texas Food Establishment Rules hereby adopted shall be on file in the office of the city secretary.
(Ordinance 2018-05-14-02, sec. 1, adopted 5/14/18)
The purpose of this article is to provide uniform special events/vendor/food vendor standards and regulations in order to insure public safety and to promote a positive city image reflecting order, harmony and pride, and thereby strengthening the economic stability of city business, cultural, historical and residential areas.
(Ordinance 2018-05-14-02, sec. 1, adopted 5/14/18)
The provisions of this article shall apply within the city limits of the city as defined by state law.
(Ordinance 2018-05-14-02, sec. 1, adopted 5/14/18)
For the purpose of this article, the following terms, phrases, words and their derivation shall have the meaning given below:
Ambient (background) sound pressure level.
The all-encompassing sound associated with a given environment, being usually a composite of sounds from all sources, excluding the alleged offensive sound, at the location and approximate time at which a comparison with the alleged offensive sound is to be made.
Ambient light.
The general character and overall level of illumination in an area.
Amplified sound.
Music, speech or sound projected or transmitted by artificial means, including but not limited to, amplifiers, loud speakers, or any similar devices which emit sound distinctly discernible at a distance of more than one hundred feet (100') beyond the property line of the premises where the equipment is located.
Board.
The park and recreation board.
Building official.
The city building officer or his/her authorized designee.
Carnival.
A temporary event that is characterized by, among other things, mechanical rides, games of skill or chance, entertainment or food.
City co-sponsored league athletic event.
An athletic event, which is authorized, organized or scheduled with the assistance of the parks and recreation department by a nonprofit organization.
City-sponsored league athletic event.
An athletic event which is authorized, organized or scheduled in whole or in part by the city.
City manager.
The city manager and/or his authorized agent and/or representative.
City.
The City of Gunter, Grayson County, Texas.
Circus.
A temporary entertainment event that is characterized by, among other things, the performance of acrobats, trained or exotic animals, or clowns.
Closed field.
A playing field or a game field owned or leased by the city that has been closed for any use due to inclement weather or maintenance requirements by order of the director.
Concession.
A temporary food establishment where food is offered to the public that operates for a period of no more than fourteen (14) consecutive days in conjunction with a single circus, carnival, special event, celebration or sales, seasonal or temporary.
Director.
The city manager or his/her designee.
Edible goods.
Include, but are not limited to:
(1) 
Prepackaged food including, but not limited to candy, beverages, chips, popsicles and ice cream.
(2) 
Prepared food, including but not limited to hot dogs, desserts, sandwiches and pizza.
(3) 
On-site prepared food, including, but not limited to shaved ice, sandwiches and tacos.
Facilities.
Properties and/or improvements owned, leased or otherwise controlled by the parks and recreation department which includes but is not limited to recreation centers, swimming pools, tennis center clubhouse, golf course clubhouse, outdoor learning center, senior citizens center, museums, community centers, tennis courts, basketball courts, golf courses, recreation fields, picnic areas, open air pavilions, and amphitheaters.
Farmers' market.
A designated location within the jurisdiction of the city used primarily for the distribution and sale directly to consumers of food by farmers or other producers.
Food.
An agricultural, apicultural, horticultural, silvicultural, viticultural, or vegetable product for human consumption, in either its natural or processed state, that has been produced or processed or otherwise has had value added to the product in this state. The term includes:
(1) 
Fish or other aquatic species;
(2) 
Livestock, a livestock product, or a livestock byproduct;
(3) 
Planting seed;
(4) 
Poultry, a poultry product, or a poultry byproduct;
(5) 
Wildlife processed for food or byproducts;
(6) 
A product made from a product described by this article by a farmer or other producer who grew or processed the product; or
(7) 
Produce.
Exotic animal.
Any non-domesticated animal, other than livestock, that is native to a foreign country or of foreign origin or character, is not native to the United States, or was introduced from abroad. The term “exotic animal” specifically includes, but is not limited to, animals such as lions, tigers, jackals, dingoes, leopards, elephants, pandas, camels, antelope, anteaters, kangaroos, chimpanzees, gorillas, orangutans, water buffalo, and species of foreign domestic livestock requiring state or federal permits.
League.
A group of athletic teams organized to promote mutual interests and to compete chiefly among themselves.
Mobile food vendors.
Any business which sells edible goods from a nonstationary location within the city. The terms shall include, but not be limited to:
(1) 
Mobile food trucks.
A self-contained motorized unit selling items defined as edible goods.
(2) 
Concession trailers.
A vending unit which is pulled by a motorized unit and has no power to move on its own
Nonprofit organization.
Any organization registered with the state and recognized by the Internal Revenue Service under section 501(c) series rules.
Non-refrigerated.
Edible goods that are not required to be kept at a temperature below 41 degrees Fahrenheit according to the Federal Food and Drug Administration and the Texas Food Establishment Rules.
Potentially hazardous food.
A food that requires time and temperature control for safety to limit pathogen growth or toxin production as defined in 25 Texas Administrative Code, section 229.162.
Public school district.
The Gunter Independent School District (GISD).
Park.
A park, reservation, playground, recreation center, or any other area in the city owned or used by the city, and devoted to active or passive recreation, including all planted expressways, parkways, triangles, and traffic circles maintained by the city.
Parks and recreation department or parks department.
The parks and recreation department of the city.
Person(s).
Any person, firm, partnership, corporation, association, company or organization of any kind.
Playing field.
Any portion of a park that is either owned or leased by the city that has been designated as an area which athletic league games are played, including, but not limited to, fields for football, soccer, softball, baseball or any other sport activity sponsored or co-sponsored by the city.
Practice.
When field layout and markings are not required before the designated activity takes place.
Public property.
Any property held for public use by any department or branch of an independent school district, community college district or municipal corporation.
Recreation field/facility.
A field or combination of fields designated by the parks and recreation department to facilitate games and/or practice activities.
Regulatory authority.
The city council of the city.
Religious institution.
A use customarily associated with a building where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, including the on-site housing of ministers, rabbis, priests, nuns and similar staff personnel, is maintained and controlled by a religious body organized to sustain public worship.
Scrimmage.
An informal unscheduled sports contest or practice match engaged in for practice purposes which does not go on the regular season record.
Special event-1.
Any event, activity or program that operates wholly or partially within the city which may require the use of or assistance from the parks and recreation department, police department, fire department, or any other public service department.
Special event-2.
An event or gathering that requires a temporary exception to otherwise applicable rules or requirements, including, but not limited to:
(1) 
The temporary complete or partial closure of a public street;
(2) 
The temporary closure or restriction of access to public property;
(3) 
The temporary offer of merchandise, food, or beverages on public property or on private property where not otherwise permitted by the town or the applicable certificate of occupancy;
(4) 
The temporary erection of a tent on public property or on private property where not otherwise permitted by the town or the applicable certificate of occupancy;
(5) 
The temporary erection of a stage, band shell, portable building, grandstand, or bleachers on public property or on private property where not otherwise permitted by the town or the applicable certificate of occupancy;
(6) 
The temporary use, for other than storage, of a trailer or van on public property or on private property where not otherwise permitted by the town or the applicable certificate of occupancy;
(7) 
The temporary use of equipment to amplify and transmit sound, which exceeds ambient (background) sound pressure levels at the property lines;
(8) 
The placement of portable toilets on public property or on private property where not otherwise permitted by the town or the applicable certificate of occupancy; or
(9) 
Activities such as among others a carnival, circus, fireworks displays, runs, events not wholly contained on city parks or building sites or GISD property.
Sports season.
Any portion of one year in which regulated games of a specific sport are in session, generally spring season, summer season and fall season.
State laws and rules.
The state laws found in chapter 437 of the Texas Health and Safety Code and the state rules found at 25 Texas Administrative Code, chapter 229, subchapter FF, sections 229.701–229.704.
Supervised play or amusement program.
Any event, activity or program that may be coordinated or controlled by the parks and recreation department.
Temporary outdoor seasonal sales.
The sale of, including but not limited to, firewood, nuts, pumpkins and gourds, wreaths, dried com stalks, square hay bales, Christmas trees, Christmas tree ornaments and crafts, illuminated and nonilluminated Christmas, Halloween, patriotic, or Easter yard art and crafts, Valentine flowers, and Valentine-related gifts, crafts, yard art and similar seasonal products (seasonal products) by town, civic, school, philanthropic, religious, or other nonprofit organizations.
Tournament.
A sporting event made up of a series of games, rounds, or contests between multiple teams.
Vehicle.
Any conveyance employing wheels, track-laying devices, runners, fans, or propellers, whether motor-powered, animal-drawn, or self-propelled. The term shall include trailers of any size, kind or description. Exception is made for baby carriages and vehicles in service for the city.
All terminology used in this article, and not specifically defined above, shall retain its meaning in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body and/or the latest volume of Webster's Collegiate Dictionary.
(Ordinance 2018-05-14-02, sec. 1, adopted 5/14/18)
(a) 
Permit.
Every mobile food vendor shall have a permit issued by the city to conduct business in the city.
(b) 
Application.
Every mobile food vendor shall apply for a permit on a form promulgated by the city. Each vending unit requires a separate permit. Applications for permits meeting the requirements for mobile vendors shall be processed within ten (10) business days.
(Ordinance 2018-05-14-02, sec. 1, adopted 5/14/18)
The fee for a mobile food vendor permit shall be determined by the city council as found in the city fee schedule. Each mobile food vendor unit shall be permitted separately.
(Ordinance 2018-05-14-02, sec. 1, adopted 5/14/18)
A permit may be denied where:
(1) 
An applicant is found to have an unpaid civil judgment(s) against him which relates to the duties and responsibilities of the permitted occupation which shall be determined by the nature and amount of the judgment, the relationship of the judgment to the purpose of the permit and the extent that the permit would allow someone to engage in further activity that would lead to unsatisfied civil judgments;
(2) 
An applicant has been convicted of a crime which directly relates to the duties and responsibilities of the licensed occupation which shall be determined by the nature and seriousness of the crime, the relationship of the crime to the purpose of the permit and the extent that the permit would allow someone to engage in further criminal activity;
(3) 
The required information is incomplete or incorrect or shows that a person is not otherwise entitled to conduct business as a mobile food vendor;
(4) 
The opportunity to issue a permit has been denied due to previous violations as described in this section; or
(5) 
Every permit, including those from the city, shall be displayed at all times in a conspicuous place where it can be read by the general public on the mobile food vendor's truck or concession trailer.
(Ordinance 2018-05-14-02, sec. 1, adopted 5/14/18)
(a) 
A permit may be revoked upon conviction of any offense committed by an individual operating as a mobile food vendor in the city while engaged in the permitted business, or if a final conviction occurs or is found to have existed at the time of application, or if civil judgments, as set forth above, are placed or found of record against an applicant. A permit may be suspended in the event of pending charges of a crime, as set forth above, upon a magistrate's determination of probable cause in connection with such charges.
(b) 
A permit may be revoked for non-conformity to the application location specifications or requirements as well as to non-conformity to an approved location plan or diagram.
(c) 
Any employee working for an applicant permitted as an employer under this section above may be denied the right to solicit under such permit, or such rights may be suspended or terminated, under the same circumstances and procedures which apply to the holder of the permit. Revocation or suspension of an employer's permit terminates all employee permits.
(d) 
A permit may be suspended or revoked for not complying with the requirements of this section, or any other ordinances, or laws.
(e) 
Failure to pay outstanding parking meter fees and fines.
(Ordinance 2018-05-14-02, sec. 1, adopted 5/14/18)
(a) 
The notice of revocation, suspension, or denial of a permit shall include the procedure for appealing the suspension, revocation, or denial.
(b) 
If a city official revokes, suspends, or denies a mobile food vendor permit, the holder or applicant of the permit which has been revoked, suspended, or denied, shall have the right of appeal to the city manager, or designee by submitting an appeal in writing to the city manager within ten business days of the revocation, suspension, or denial.
(c) 
Pending action on the appeal, a permit which has been revoked or suspended shall be considered revoked or suspended.
(d) 
If a written appeal is not submitted within the ten business days of revocation, suspension, or denial, or if the appeal is denied, the permit shall hence be considered revoked, suspended or denied.
(Ordinance 2018-05-14-02, sec. 1, adopted 5/14/18)
If a mobile food vendor or applicant is not in compliance with this section or any other ordinance, law or the approved vendor application, the following action will be taken:
(1) 
1st violation.
A warning may be issued, or the permit may be revoked or suspended and the vendor may become ineligible for a new or reissued permit for 90 consecutive days.
(2) 
2nd violation.
Permit will be revoked and the vendor may become ineligible for a new or reissued permit for 90 consecutive days.
(3) 
3rd violation.
Permit will be revoked and the vendor will become ineligible for new or reissued permit for one year.
(4) 
If an applicant's permit has been denied and the appeal is denied the applicant may not reapply for 90 consecutive days.
(Ordinance 2018-05-14-02, sec. 1, adopted 5/14/18)
(a) 
Distance regulations.
(1) 
No mobile food vendor shall conduct business within any single-family residential or agricultural zoning district unless otherwise approved in writing by the city manager or his/her designee.
(2) 
A mobile food vendor may not be located within 100 feet of the primary entrance of an open and operating fixed-location food service or eating establishment except during city-sponsored or other community events.
(3) 
A mobile food vendor shall not be located within 40 feet from another mobile food vendor except during city-sponsored or other community events or when permitted within an approved mobile food vendor "food truck" park.
(b) 
Stationary locations.
A mobile food vendor shall not conduct sales at a stationary location:
(1) 
For a duration exceeding one hundred (100) hours per seven (7) day period. Allowances may be granted by the city manager or his/her designee for additional time depending on type of activity or event.
(2) 
For a duration exceeding sixty (60) minutes on any public street or public streets adjacent to public parks and recreational facilities, next to fire lanes and no-parking designated areas. Mobile vendors parking on public streets may not move to a new location with prior approval from the city.
(3) 
On an unpaved surface.
(4) 
On any public street designated on the city's thoroughfare plan as a collector or greater.
(5) 
In congested areas where the operation impedes vehicular or pedestrian traffic.
(6) 
Between the hours of 11:00 p.m. and 5:00 a.m.
(c) 
Location regulations.
(1) 
No mobile food vendor shall be located on any private property without written permission to do so and must comply if asked to leave by the property owner or city official. A copy of the written permission to operate in a specific location, and allowing for the use of restroom facilities signed by the private property owner shall be kept within the mobile vending unit at all times.
(2) 
No person shall distribute, deposit, place, throw, scatter or cast any commercial handbill.
(3) 
No person shall distribute, deposit, place, throw, scatter or cast any commercial handbill upon any premises if requested by the property owner or city not to do so, or if there is placed near or at the entrance thereof a sign bearing the words “no advertisement.”
(4) 
No person shall sell or offer for sale any item upon any premises if requested by the property owner or city official not to do so, or if there is placed at or near the entrance thereof a sign bearing the words “no peddlers or vendors,” “no trespassing,” or “no solicitors.”
(Ordinance 2018-05-14-02, sec. 1, adopted 5/14/18; Ordinance 2019-09-19-07 adopted 9/19/19; Ordinance 2021-05-20-05 adopted 5/20/2021)
The following regulations shall apply to mobile food vendors within any zoning district:
(1) 
Mobile food establishments shall operate from a central preparation facility or other permitted fixed food establishment and shall report to such location for supplies and for cleaning and servicing operations.
(2) 
Each unit shall be equipped with a portable trash receptacle and shall be responsible for proper disposal of solid waste and wastewater in the sanitation facility legally accessed by the food service establishment. All disturbed areas must be cleaned following each stop to a minimum 20 feet of the sales location.
(3) 
Mobile food vendor may not have a drive-through.
(4) 
Mobile food vendor may be allowed to have multiple locations within a day. A list of the locations must be submitted to and approved by the city manager or his/her designee.
(5) 
Continuous music or repetitive sounds shall not project from the mobile unit.
(6) 
A five-foot clear space can be maintained around the mobile food vending unit.
(7) 
The mobile unit will be subject to inspection upon permit application through the code enforcement, health department and the fire marshal, and may be subject to random inspection and upon reissuance of the permit.
(8) 
Mobile food units shall comply with the city's adopted fire code, and building codes.
(9) 
Mobile food units are not allowed to operate in public parks and on streets adjacent to public parks or recreational facilities without prior written approval by the city manager or his/her designee.
(10) 
A “no smoking” sign must be posted next to the order window or area.
(11) 
An approved portable type ABC fire extinguisher tagged by a licensed company shall be kept accessible as directed by the city fire marshal or designee. A portable type K fire extinguisher is also required in the kitchen for cooking operations.
(12) 
A kitchen fire suppression system and kitchen ventilation systems is required to be NFPA 17A and NFPA 96 compliant and shall be required when the cooking process produces grease laden particles within the mobile unit. Said systems shall require testing in the presence of a city fire marshal or designee.
(13) 
All cooking appliances shall be UL approved appliances.
(14) 
If cooking and using propane, a gas pressure test must be performed by a licensed plumber.
(15) 
Each mobile food vendor must maintain and provide proof on demand of a valid insurance policy that provides minimum liability coverage of $500,000.00 per mobile food unit.
(16) 
Each mobile food vendor must provide to the city proof of a valid vehicular insurance policy that conforms with minimum coverage requirements of the state.
(17) 
Each mobile food unit shall display a letter from their commissary with an expiration date, a copy of a health permit issued to the commissary, the retail food establishment permit issued by the regulatory authority, and the mobile food vendor permit issued by the city.
(Ordinance 2018-05-14-02, sec. 1, adopted 5/14/18; Ordinance 2021-05-20-05 adopted 5/20/2021)
(a) 
It shall be unlawful for any individual as the agent or employee of another regulated under this article to sell edible goods in the city unless its principal or employer has received a permit under this article.
(b) 
A permit issued under this article is not transferable.
(c) 
It shall be unlawful for an individual to sell edible goods while displaying a valid permit issued by the city in the name of another individual, organization, or entity.
(d) 
It shall be unlawful for any individual directly or through an agent or employee to sell goods within the corporate limits of the city after the expiration of the permit issued by the city under this section.
(e) 
It shall be unlawful for an individual directly or through an agent or employee to misrepresent on the permit affidavit any acts that are regulated under this section.
(f) 
It shall be unlawful for any individual directly or through his agents or employees to represent that the issuance of a permit by the city constitutes the city's endorsement or approval of the product for sale.
(g) 
It shall be unlawful for any person to sell or offer for sale any food, drinks, confections, merchandise, or services in a public park or recreation area except as permitted by this article.
(h) 
It shall be unlawful to operate a mobile food vendor operation that is not in compliance with the Texas Food Establishment Rules as amended from time-to-time.
(Ordinance 2018-05-14-02, sec. 1, adopted 5/14/18)
(a) 
No person shall conduct mobile or roadside vending operations within the city involving the display or sale of merchandise requiring payment of state and local sales and use tax without displaying a sales and use tax permit and without reporting all taxable transactions resulting from the vending sales within the city to the state comptroller of public accounts as having been transacted in the city.
(b) 
A sales tax affidavit will be required with your permit application, the affidavit acknowledges that all sales made within the city will be reported to the state comptroller as occurring within the city.
(Ordinance 2021-05-20-05 adopted 5/20/2021)