The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Edible goods
shall 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, sandwiches, hamburgers and tacos.
Mobile food establishment
means an operator of a vehicle-mounted, self- or otherwise propelled self-contained food service operation designed to be readily movable (including, but not limited to, catering trucks, trailers, push carts and roadside vendors) used to store, prepare, display, serve or sell food that requires temperature control. The mobility of a mobile food establishment unit must be completely maintained at all times. No drive-through service shall be permitted from a mobile food establishment.
Non-refrigerated
means 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.
(Ordinance 2015-16, pt. 1 (exh. A), adopted 7/13/15; 2010 Code, sec. 16-93(a))
The ordinances and regulations listed in this division shall not apply to the following:
(1) 
Concession stands.
A food establishment operated on a seasonal basis for the purpose of providing food at organized events/festivals or sporting events associated with an independent school district, university, community college, nonprofit organization, privately owned school or the city.
(2) 
Benefit or fundraiser meals.
A meal provided for the sole purpose of raising money for an event that is sponsored or recognized or organized by a group associated with an independent school district, university, community college, nonprofit organization, privately owned school, the city, or a private individual(s) or an organized mass gathering of people such as a concert, sporting event, trade show, flea market, farmers’ market, carnival, circus, or other similar type of show or celebration.
(Ordinance 2015-16, pt. 1 (exh. A), adopted 7/13/15; 2010 Code, sec. 16-93(b))
(a) 
Required.
Every mobile food establishment shall have a permit issued by the city inspection department prior to conducting business in the city.
(b) 
Application.
An applicant shall apply for a permit on a form promulgated by the city inspection department to conduct business in the city, including compliance with a central preparation facility that the vendor uses as its base of operation and that is in compliance with TFER 229.169(b). Proof of the food establishment’s permit and most recent inspection are required if the facility is located outside of the city. Use of a private residence as a central preparation facility is prohibited. Each vending unit requires a separate permit that should be visibly displayed in the mobile unit.
(c) 
Required information.
A complete application shall require the following information from the applicant to be considered:
(1) 
Name and address of the applicant, contact phone number, and applicant’s identification number as shown on a current and valid government-issued identification document that includes a photograph of the applicant;
(2) 
Legal name of the business or entity;
(3) 
Sales tax number with a copy of the sales tax permit;
(4) 
Written agreement from the business owner with a certificate of occupancy on the property to be used for the mobile food establishment permitting such use and, if applicable, allowing access to flushable (not porta-potty) restrooms during hours of operation for a mobile food establishment operating longer than three hours;
(5) 
Description of products being sold;
(6) 
Vehicle identification number and description of the mobile food vending unit;
(7) 
Itinerary of locations where sales occur;
(8) 
A written agreement from the owner of a central preparation facility stating the mobile food establishment uses the facility as its base of operation (for the purpose hereof, a central preparation facility is a facility that is an approved and permitted retail food establishment at which food is prepared, stored, and wrapped, and the mobile food establishment is supplied with fresh water and ice and emptied of wastewater into a proper waste disposal system, and cleaned, including washing, rinsing, and sanitizing of those food-contact surfaces or items not capable of being immersed in the mobile food establishment utensil-washing sink). Use of a private residence as a central preparation facility is prohibited;
(9) 
Site plan depicting location of mobile food establishment, access to restroom facilities, and parking positions.
(d) 
Fee; duration; renewal.
(1) 
The application for a mobile food establishment permit shall be as noted in the fee schedule in appendix A of this code. Each mobile food establishment unit shall be permitted separately.
(2) 
Mobile food establishment permits shall be valid until December 31 the year of the permit issuance.
(3) 
Upon renewal, the applicant must provide a new application, pay a renewal fee as located in the fee schedule in appendix A of this code, and update permitting documentation upon permit renewal. The applicant must submit the application and renewal fee within 30 days before expiration of the permit or must reapply as a new applicant.
(e) 
Denial.
A permit may be denied where:
(1) 
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;
(2) 
The required information is incomplete or incorrect or shows that a person is not otherwise entitled to conduct business as a mobile food establishment; or
(3) 
The opportunity to reissue a permit has been denied due to previous violations as described by this section.
(f) 
Display.
Every permit, including those from the city health department, shall be displayed at all times in a conspicuous place where it can be read by the general public on the mobile food establishment’s unit.
(g) 
Revocation or suspension.
(1) 
A permit may be revoked upon conviction of any offense committed by an individual operating as a mobile food establishment 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.
(2) 
A permit may be revoked for nonconformity to the application location specifications or requirements as well as nonconformity to an approved location plan or diagram.
(3) 
A permit may be revoked or suspended if the mobile food establishment presents a significant public health or fire threat.
(4) 
A permit may be suspended or revoked for not complying with the requirements of this division or any other ordinances or laws.
(h) 
Reapplication.
If a mobile food establishment or applicant is not in compliance with this division or any other Ordinance or law or the approved vendor application, the following action will be taken:
(1) 
First 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) 
Second violation.
The permit will be revoked and the vendor may become ineligible for a new or reissued permit for 90 consecutive days.
(3) 
Third violation.
The permit will be revoked and the vendor will become ineligible for a new or reissued permit for one year. If an applicant’s permit has been denied and the appeal is denied, the applicant may not reapply for 90 consecutive days.
(Ordinance 2015-16, pt. 1 (exh. A), adopted 7/13/15; 2010 Code, sec. 16-93(c))
(a) 
No mobile food establishment shall conduct business within any single-family residential or mixed-family residential district.
(1) 
Exclusions: Public agencies including but not limited to El Campo ISD, Wharton County, and the City of El Campo are excluded from the zoning and location restrictions when property owned by the above-referenced entities is wholly or partially within a single-family residential or mixed-family residential district. Public agencies may only have mobile food establishments completely within the entity’s boundary and must not block any public thoroughfare, roadway or fire lane at any time for the duration of the event.
(b) 
No mobile food establishment shall locate on any private property without written permission to do so and must comply if asked to leave by the property owner or a city official. A copy of the written permission to operate in a specific location, signed by the private property owner, shall be submitted to the inspection department and a copy kept with the mobile food establishment at all times.
(c) 
No person shall distribute, deposit, place, throw, scatter or cast any commercial handbill upon any premises if requested by the property owner or city official not to do so, or if there is at a place near or at the entrance thereof a sign bearing the words “No Advertisement,” “No Peddlers or Vendors,” “No Trespassing,” or “No Solicitors.”
(Ordinance 2015-16, pt. 1 (exh. A), adopted 7/13/15; 2010 Code, sec. 16-93(d); Ordinance 2017-18 adopted 10/23/17)
(a) 
Each unit shall be equipped with a portable self-closing lidded trash receptacle, and shall be responsible for proper disposal of solid waste and wastewater in a sanitation facility legally accessed by the mobile food establishment. The trash receptacle must be placed outside next to the mobile food establishment for use by the patrons of the unit. The area around the mobile food establishment shall be kept clean and free from litter, garbage, and debris. Each trash receptacle must be removed each night.
(b) 
A mobile food establishment shall comply with regulations the regulatory authority adopts regarding the mandatory central preparation facility, wastewater disposal or plumbing connection to adjoining business and access to potable water.
(c) 
The mobile food vending unit will be subject to inspection upon permit application, and may be subject to random inspection at any time during the term of the permit.
(d) 
The mobile food establishment shall be in compliance with the following requirements or removed from the premises during non-operating hours:
(1) 
Located on a property with an existing business having a certificate of occupancy;
(2) 
Shall provide a copy of permission from that business to allow access to restrooms during all hours of food sales;
(3) 
Shall submit a site plan depicting the location of the unit;
(4) 
Shall appropriately dispose of wastewater in accordance with TFER 229.169(a) or connect to the sewer service of the adjoining business.
(e) 
The mobile food establishment must meet the zoning district setbacks.
(f) 
All signage must be must be attached to mobile food establishment unit.
(g) 
A “No Smoking” sign must be posted next to the order window or area.
(h) 
Outdoor loudspeakers, public address systems, music, or other forms of entertainment shall be in compliance with the city Code of Ordinances, article 8.03, Noise.
(i) 
All outdoor tables and seating must be secured or removed from the premises each night.
(j) 
All mobile food establishments are permitted to operate between the hours of 5:00 a.m. to 10:00 p.m. Monday to Thursday and 5:00 a.m. to 3:00 a.m. Friday to Sunday.
(k) 
For any location where the mobile food establishment is proposed to stay for three or more hours, vendors shall provide flushable (not porta-potty) restrooms for persons operating the unit, including employees.
(l) 
Mobile food establishments are not permitted to operate in loading zones, public rights-of-way, or fire lanes or violate parking requirements for the business with certificate of occupancy.
(m) 
A properly inspected fire extinguisher shall be placed in each unit.
(n) 
The connection of a mobile food establishment to a source of electricity, water, and sewer at a mobile food establishment is prohibited unless a permit has been obtained from the planning and development department for each connection and the connection has been inspected and found to comply with city codes. Each permit shall be maintained with the mobile food establishment at all times and made available upon request by city personnel.
(Ordinance 2015-16, pt. 1 (exh. A), adopted 7/13/15; 2010 Code, sec. 16-93(e))