(a) 
Street vendors and mobile vending operations (defined herein as any person, firm or corporation who engages in the business of selling or offering for sale goods, wares or merchandise from a motor vehicle or trailer through outdoor display or from the vehicle or trailer) are prohibited under the conditions and circumstances set forth in this section.
(b) 
No person shall peddle, solicit, sell, offer for sale, or exhibit for sale any merchandise upon or within any sidewalk, public park, street or right-of-way, or within 20 feet of any sidewalk, street or right-of-way, except that it shall be lawful for any person to engage in mobile vending operation involving food products upon a street or right-of-way; provided, such person has previously obtained and has in his immediate possession a permit from the city.
(c) 
No person shall engage in or attempt to engage in any mobile vending operation on any public street or right-of-way, within the limits of any city park, or on private property except where mobile vending operations on private property may be expressly allowed as a use by right under the comprehensive zoning ordinance.
(d) 
Any permittee engaged in or who attempts to engage in mobile vending operations involving food products shall stop his motor vehicle only in immediate response to a direct request from a potential customer and for a period not to exceed 15 minutes. All persons engaged in mobile vending operations involving food products shall comply with all traffic laws and parking regulations and shall not conduct operations in such a manner as to impede traffic. Sales and deliveries of products shall not be made from any part of the vehicle away from the curbside.
(e) 
It shall be a defense to a prosecution of an offense under this section if:
(1) 
The street vendor or mobile vending operation is a delivery of goods, wares or merchandise purchased or sold at a different location;
(2) 
The solicitation of sales from the mobile vending operation is restricted to the owner or occupant of the property on which the mobile vending operation is conducted; or
(3) 
The solicitation of sales is at an approved location at a city-sponsored event.
(Ordinance 2005-14, sec. 1, adopted 11/14/05; 2007 Code, sec. 22-66; Ordinance 2015-05 adopted 1/10/15)
Any person violating any of the provisions or terms of this article shall, upon conviction, be punished by a fine not to exceed the sum of $500.00 for each offense.
(Ordinance 2005-14, sec. 4, adopted 11/14/05; 2007 Code, sec. 22-67)
(a) 
Purpose and applicability.
The purpose of this section is to permit mobile food vendors to operate on private property within the city and establish regulations to protect the health, safety and welfare of the public.
(b) 
Definitions.
Concept plan.
A diagramed plan that includes property lines, adjacent rights-of-way, location of all mobile food vending units, parking areas and surface material, maneuvering areas and surface material, seating areas, and any other information reasonably required by the city administrator or his designee. Concept plans may be approved by the city administrator or his designee.
Commissary.
A central preparation facility or other fixed food unit that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption to mobile, temporary and portable food vendors.
Health authority.
The Rockwall County Public Health Department, or its designee, or any other agency charged with enforcement of regulations applicable to units regulated under this ordinance.
Mobile concession trailer.
A vending unit selling items defined as edible goods, which is pulled by a motorized unit and has no power to move on its own.
Mobile food cart or concession cart.
A mobile vending unit, selling items defined as edible goods, that must be moved by non-motorized means.
Mobile food units.
A commercially or manufactured enclosed or partly enclosed, ready to move that has a kitchen, without a kitchen, push cart or a trailer.
Mobile food vending unit.
A mobile food truck, mobile food cart, concession cart or mobile concession trailer.
Mobile food vendors.
Any business that operates or sells food for human consumption, hot or cold, from a mobile food vending unit.
Mobile food vendor food court.
A site designed for the operation of one or more mobile food vendors as the primary use.
Site.
A lot or parcel of property on which a mobile food service unit is permitted to operate.
Texas Food Unit Rules or the rules.
25 Texas Administrative Code chapter 228, as amended.
(c) 
Regulations for mobile food vendors.
(1) 
No person shall act as a mobile food vendor in the city without a permit issued by the city.
(2) 
Each mobile food vendor shall display at all times, in a conspicuous place where it can be read by the general public, the city permit under this article and permit number.
(3) 
Mobile food vendors shall not operate within a public park, public right-of-way, publicly owned property or site without written permission from the city administrator or the city administrator’s designee.
(4) 
Mobile food vendors must meet all applicable state, county, and local laws.
(5) 
Mobile food vendors must meet all applicable laws regarding mobile food vendors as described in most recently adopted edition of the International Fire Code (IFC) or any subsequent amendments thereto.
(6) 
Mobile food vendors must operate from an approved commissary in good standing as defined in and required by the Texas Food Unit Rules.
(7) 
The mobile food vendor shall secure and display at all times in a conspicuous place where it can be read by the general public, a health permit from the county public health department.
(8) 
All employees of the permit holder must have a valid food handlers training certificate.
(9) 
When required, mobile food vending units must be equipped with commercial mechanical facilities sufficient to provide proper cooking ventilation and fire suppression for eating units, as established under the city’s adopted building codes. All equipment on the vehicle shall be NSF International (formerly National Sanitation Foundation) approved, American National Standards Institute (ANSI) approved, or be of commercial grade.
(10) 
Mobile food vendors shall provide covered garbage and storage facilities for employee and customer use of sufficient size that refuse is fully contained in a manner that prevents litter and remains insect-proof and rodent-proof. The mobile food vendors are responsible for the disposal of all the subject refuse prior to leaving the point of sale site.
(11) 
The mobile food vending unit must meet the following plumbing standards:
(A) 
All liquid waste shall be discharged to an approved sanitary sewage disposal system at the commissary or through an authorized service provider. All used fats, oil, or grease shall be discharged to an approved grease interceptor at the commissary or through an authorized service provider. Used fats, oils or grease shall not be discharged to any unauthorized food unit grease interceptor.
(B) 
Liquid waste shall not be discharged from the retention tank when the mobile food vending unit is open to the public or in the process of preparing food.
(C) 
The waste connection shall be located below the water connection to preclude contamination of the potable water system.
(D) 
Connections to a water or sewage system on site is prohibited.
(12) 
The mobile food vendor shall display at all times, in a conspicuous place where it can be read by the general public, a copy of a state sales tax and use certificate.
(13) 
Mobile food vending units shall be separated from property lines, public rights-of-way, existing buildings, by a minimum of twenty-five (25) feet and other mobile food vehicles by a minimum of fifteen (15) feet. Food vendors shall not set up or be located in fire lanes or parking spaces that are required for the use of an existing business.
(14) 
The mobile food vending unit and any parking areas used by the mobile food vendor or its customers, shall be located on a paved surface, or an alternative all-weather surface, as approved by the city administrator or his designee.
(15) 
Each mobile food vending unit shall be clearly marked with the food unit’s name or a distinctive identifying symbol and shall display the name while in service within the city.
(16) 
Except as shown on an approved concept plan, the mobile food vendor shall prepare, serve, store and display food and beverages on or in the mobile food vending unit itself; and shall not attach, set up, locate, or use any other device or equipment intended to increase the selling, serving, storing or displaying capacity of the mobile food vendor.
(17) 
No mobile food vendor may operate outside of the hours of 6:00 a.m. to 8:00 p.m., unless otherwise authorized within the permit.
(18) 
Mobile food vendors must comply with all local, federal and state statutes, ordinances and regulations.
(19) 
Drive-through service from mobile food vendors is prohibited.
(20) 
Alcohol sales from mobile food vendors is prohibited.
(21) 
Access to restroom facilities:
(A) 
Any mobile food vendor that will be in one location for more than one (1) hour, must submit to the city written proof of a restroom facility agreement that provides the availability of a fixed unit restroom facility for the use of the mobile food vendor employees and customers located in a business unit within three hundred (300) feet of each location where the mobile food vending unit will be in operation.
(B) 
Proof of availability of a fixed unit restroom shall be in the form of a written and notarized statement from the property owner, or owner’s authorized agent, including the name, address, and telephone number of the property owner or authorized agent, and the type of business and hours of operation of the business, granting permission for the use of the facilities. If the business owner is a partnership or corporation, the statement shall include the name, address and telephone number of one (1) of the partners or officers.
(C) 
A copy of the records shall be immediately available for inspection by the city on the mobile food vending unit.
(22) 
Mobile food vehicles shall be movable by motorized or non-motorized means. Exception, mobile food vendors may locate:
(A) 
Within three hundred (300) feet of a full service or fast-food restaurant(s), if the restaurant owner/owners have provided the food vendor written consent to located on the same lot as his/her restaurant(s), or if all applicable restaurant owners within the three hundred (300) feet buffer area provide written consent to the mobile food vendor.
(B) 
Written consent shall be in the form of a written and notarized statement from the property owner, or owner’s authorized agent, including the name, address, and telephone number of the property owner or authorized agent, and the type of business and hours of operation of the business. If the business owner is a partnership or corporation, the statement shall include the name, address and telephone number of one (1) of the partners or officers. The notarized statement shall be provided to the City at the time of permitting.
(d) 
Mobile food vendors on private property.
Mobile food vending units located on private property must comply with the following:
(1) 
The private property must be located in a zoning district that allows restaurants, as provided for in the city’s zoning ordinance.
(2) 
The private property must be developed and improved and contain an existing permanent business operating in a building with a certificate of occupancy at all times while the mobile food vending unit occupies the property.
(3) 
Electricity shall be from a generator and the mobile food vendor shall utilize electrical cords in conformance with the National Electrical Code as adopted and amended by the city.
(4) 
The mobile food vendor must submit with the permit application, written authorization or other suitable documentation showing that the owner of the property, or the owner’s authorized agent, consents to the mobile food vendor operating on said property.
(e) 
Mobile food vendors on construction sites.
For subdivisions or sites in any zoning districts that are actively under construction and have not yet been issued a certificate of occupancy, a mobile food vendor may operate for less than one (1) hour.
(f) 
Mobile food vendor permit application.
The application for a mobile food vendor permit shall include the following information:
(1) 
An application fee of $250.00;
(2) 
Name, legal name of business or entity, business address, telephone number, and email address of the applicant;
(3) 
The applicant’s identification number as shown on a current and valid government-issued identification document that includes a photograph of the applicant;
(4) 
If the applicant represents a corporation, association or partnership, the names and addresses of the officers or partners;
(5) 
Name, legal name of business or entity, business address, telephone number, and email address of the owner if the owner is not the applicant;
(6) 
Signed and notarized permission from all private property owners where the mobile food vending unit will be stationed;
(7) 
The manner of mobile food vending operation to be conducted (for example, food vending, truck, trailer, pushcart, etc.): the make, model, year, license or registration, and vehicle identification number of each vehicle to be used in the mobile food vending operation;
(8) 
Proof of motor vehicle insurance for each vehicle to be used in the mobile food vending operation;
(9) 
An itinerary of locations where sales will occur; and a location map and sketch of site location for each location to be used by the mobile food vendor;
(10) 
A concept plan, if applicable;
(11) 
A copy of the vendor’s current health permit from county public health department;
(12) 
If the mobile vending unit will be placed in one (1) location for more than one (1) hour, a written agreement from a business within three hundred (300) feet for employees of the mobile food unit to have use of flushable restrooms during hours of operation, portable restrooms are prohibited;
(13) 
Proof of water/wastewater service;
(14) 
Documentation indicating the volume capacity of any required water and wastewater storage tanks either on the tank itself or in writing;
(15) 
A description of the type of food or the specific foods to be vended;
(16) 
A notarized statement from the owner of the commissary stating that the mobile food unit will use the facility as its base of operation and providing the address and food unit permit number of the facility;
(17) 
A valid copy of the applicant’s sales tax and use tax permit; and
(18) 
Any other information reasonably required by the city administrator or his designee.
(g) 
Mobile food vendor permits.
(1) 
It shall be unlawful for any mobile or stationary vendor to engage in the business of selling, displaying, or offering for sale any food, beverage, goods intended for consumption at any public or private area within the city without first obtaining a permit from the city secretary or duly authorized representative.
(2) 
If the application for a permit is approved, the permit shall be issued. The permit shall be the original application with an official stamp indicating approval. The permit provided for in this article shall continue so long as the licensee is conducting business in the city, but in no event shall it continue for more than 14 days from the date of issuance. A new application for the same mobile vendor or the same location shall not be issued within 30 days of the expiration of any previous permit. Stationary vendors of 6 months or 12 months must apply for a permit annually and have a minimum of one (1) inspection annually.
(3) 
Food trucks and their operation must comply all applicable requirements of the Texas Food Unit Rules (TFER) adopted by the Texas Department of State Health Services (DSHS). Food truck operations may be inspected by the City of McLendon-Chisholm Sanitarian for compliance with TFER requirements at any time during the operating hours.
(4) 
Applicable sales and/or use taxes on taxable sales must be collected and remitted to the Office of the Texas Comptroller. Applicants for a permit to operate a food truck in the city must be accompanied by evidence that the applicant has met the requirements of the Office of the Texas Comptroller for collection and remittance of collected sales tax.
(h) 
Permit determinations.
The city will evaluate the data furnished by the applicant and may require additional information. Within seven (7) days of receipt of a completed permit application, the city will determine whether or not to issue a mobile food vendor permit. The city may deny an application for a permit on any of the following grounds:
(1) 
Failing to provide all of the information required by the city;
(2) 
The applicant’s past record of ordinance violations;
(3) 
Safety record of the applicant or any driver, based on such things as civil and criminal lawsuits and violations of environmental laws and ordinances; or
(4) 
Providing false, misleading or inaccurate information to the city.
(i) 
Permits are not transferable.
(j) 
Mobile food vendor permits shall be for a one hundred eighty (180) day period.
(k) 
Permit revocation and appeal.
(1) 
The city administrator or city administrator’s designee may revoke a permit issued under this ordinance by a mobile food vendor if the permit holder or the permit holder’s employee:
(A) 
Commits critical or repeated violations of applicable law;
(B) 
Knowingly provides false information on an application;
(C) 
Interferes with the health authority in the performance of the health authority’s duties; or
(D) 
If a permitted unit under this article changes ownership and there are violations that must be corrected to meet applicable standards.
(2) 
Before revoking a permit, the city shall provide the permit holder or person in charge with written notice of the pending permit revocation, unless circumstance and conditions require immediate revocation and closing of the unit. In the event of immediate revocation, written notice shall be provided after revocation in a timely manner. The written notice shall include:
(A) 
The reason(s) the permit is subject to revocation; and
(B) 
If applicable:
(i) 
The date on which the permit is scheduled to be finally revoked; and
(ii) 
A statement that the permit will be revoked on the scheduled date unless the permit holder files a written request for a meeting with the city no later than the tenth (10th) day after the date the notice is served.
(3) 
The applicant may appeal a final revocation of a permit by submitting a written request for appeal along with any evidence supporting the appeal to the city council within ten (10) days of receiving the notice of final revocation. The city council will make a decision within a reasonable time of receipt of the appeal, but no later than thirty (30) days after receipt. The city council’s decision shall be final.
(l) 
Inspections.
(1) 
The city may inspect a mobile food vendor during regular business hours and at other reasonable times to determine compliance with this section.
(2) 
After conducting an inspection, the city shall inform the mobile food vendor of findings.
(3) 
If a violation is found, the city shall:
(A) 
Close the unit; or
(B) 
Prescribe a reasonable time period for correction of violations. Reinspections at prescribed time intervals will be conducted to determine whether required corrections have been made.
(m) 
Food trucks/food trailers shall be clearly marked with the food unit’s name or a distinctive identifying symbol and shall display the name while in service within the city. Shall display at all times, in a conspicuous place where it can be read by the general public, a copy of the state sales tax and use certificate. A menu should be clearly displayed on the unit and/or a marker menu board with prices.
(n) 
Emergency suspension or closing order.
The health and/or city compliance department shall suspend the license of a food service unit if the mobile food unit is not in compliance with state law or order the immediate closing if/when:
(1) 
The violation creates an immediate threat to the health and safety of the public.
(2) 
An order suspending a license or closing a food service unit, retail food store, mobile food unit, roadside food vendor, or temporary food service unit under this section is immediately effective on the date on which the license holder receives written notice or a later date specified in the order.
(3) 
An order suspending a license or ordering an immediate closing of a food service unit, retail food store, mobile food unit, roadside food vendor, or temporary food service unit is valid for 10 days after the effective date of the order.
(Ordinance 2022-05 adopted 8/9/22)