It shall be unlawful for any solicitors of orders for merchandise, peddlers, itinerant merchants, or transient vendors of merchandise to go in and upon the premises of a private residence in the city, unless requested or invited so to do by the owner or occupant of said private residence for the purpose of soliciting orders for the sale of goods, wares and merchandise, or for the purpose of disposing of or peddling the same.
(1995 Code, sec. 4.101)
Every solicitor of orders for the sale of merchandise, peddler, itinerant merchant or transient vendor of merchandise, shall obtain a permit from the chief of police or his/her designee of the city and must be clear from any criminal history before soliciting any orders, offering for sale or selling any goods, wares or merchandise in the city, and it shall be the duty of the chief of police or his/her designee to make investigation of all persons offering so to do, to determine their authority for making such sales and taking such orders, and before issuing a permit shall determine that they actually represent the parties they so claim to represent and that they are an actual bona fide representative of a reliable concern. Unless he so finds he shall refuse to issue a permit for the taking of orders and the selling of merchandise in the city.
(1995 Code, sec. 4.102)
Each and every person seeking a permit under the provisions herein shall pay a fee of twenty-five dollars ($25.00) at the time the permit is being sought. This fee shall not be prorated nor refunded to the applicant regardless whether a permit is issued or not. No fee shall be charged to any bona fide charitable, religious, educational, or philanthropic organization or persons engaged in interstate commerce even though a permit is required. A permit shall be valid for two (2) days.
(1995 Code, sec. 4.103; Ordinance adopting Code)
Each person granted a permit hereunder shall at all times retain said permit in his possession and produce same upon demand by any citizen of this city.
(1995 Code, sec. 4.104)
(a) 
Definitions.
Mobile food unit.
A mobile food unit shall be defined herein as a unit designed to be readily movable and from which food or beverages are prepared and offered for sale or from which food and beverages that are prewrapped, bottled, or otherwise packaged in individual servings are sold.
Mobile food vendor area.
An area specifically designated by city council as a permissible area for mobile food unit operation.
Mobile food vendor.
An individual who owns or operates a mobile food unit.
Special events.
Festivals, city celebrations, fundraisers, and other events the location and duration of which is determined by city council.
(b) 
Permit required.
A mobile food vendor permit is required for each mobile food unit. Mobile food vendor permits shall be issued in accordance with the provisions in this section.
(1) 
Mobile food vendor permits.
All mobile food units shall obtain a mobile food vendor permit for each specified location where sales are to take place from a mobile food unit from the city secretary, chief of police or his/her designee. Available permits include:
(A) 
Standard permit.
Standard permits shall be valid for six (6) months. The fee for a standard permit is $250.00. Standard permits may be renewed for one additional six (6) month term for an additional fee of $50.00.
(B) 
Special/temporary permit.
Special/temporary permits shall be valid for 24 consecutive hours. The fee for a special/temporary permit is $50.00 a day.
(2) 
Landowner authorization.
A mobile food vendor permit shall not be issued without signed written authorization from the owner or person in control of the premises where the mobile food unit will be operated. Signed written authorization shall include the identity of the owner or person in control of the premises and shall state that the mobile vendor unit has permission to operate on the premises.
(3) 
Vehicle registration, licensing and state permits.
A mobile food vendor permit shall be denied if the owner or operator of the mobile food unit fails to provide proof of a valid vehicle registration for the mobile food unit, a valid motor vehicle operator's license, proof of vehicle liability insurance for the mobile food unit, and a state sales tax permit.
(4) 
Transferability.
Mobile food vendor permits are not transferrable.
(5) 
Permit display.
Mobile food vendor permit stickers must be displayed on the upper left rear area of the mobile food unit in a conspicuous location. If such location is not practicable, the permit shall be placed in a location approved by the city secretary, chief of police or his/her designee.
(c) 
Inspections.
(1) 
Before a permit is issued, the owner shall provide proof of inspection. An inspection of the unit shall be performed at least two times annually and no more than 60 days before permitted date of operation.
(2) 
Refusal of an owner, manager or employee to allow the authorized representative of the regulatory authority or a city representative, upon presentation of credentials, to inspect any permitted business or operation therein during normal business hours will result in an immediate suspension of the permit, requiring all permitted activities to abate until after such time as a hearing may be held.
(3) 
A mobile food unit may be issued a permit upon providing proof that the mobile food unit has passed the initial inspection required by title 25, Texas Administrative Code, § 228.221 and has a current permit issued by the Texas Department of State Health Services or other appropriate state authority.
(d) 
General provisions.
(1) 
Hours of operation.
Mobile food units are permitted to operate at any time between the hours of 6:00 a.m. and 12:00 midnight as set out herein. Set up times are as follows:
(A) 
Howell Street closure.
Set up is allowed after 6:00 p.m. or after completed closure of the street. Tear down of the vendor unit and removal shall be completed by 12:00 p.m.
(B) 
General vendor set up.
Set up shall begin at 6:00 a.m. or sunup whichever is earlier. Service shall begin no earlier than 8:00 a.m. Tear down of the unit and removal shall be completed by 12:00 p.m. or within 1 hour of the completion of the event whichever is earlier.
(2) 
Operational requirements.
(A) 
A mobile food unit may only operate in areas or locations designated by the city as "mobile food vendor areas." Except during special events, a mobile food vendor shall not operate in the area commonly referred to as the "city square," unless such area is designated by the city as a "mobile food vendor area."
(B) 
A mobile food unit shall not operate less than 50 feet from a single-family or multifamily residential use without written permission from the homeowner. For purposes of this subsection, single-family or multifamily uses shall not include a residence that is part of a business.
(C) 
All mobile food units must be parked on an asphaltic concrete, concrete, or other city-approved surface. Mobile food units shall not be parked on grass or dirt areas.
(D) 
Except for a mobile food unit that has a valid permit for locations where public restroom facilities are located, a mobile food unit shall have:
(i) 
A restroom facility located in the mobile food unit for the use of the owner or operator and employees of the mobile food unit; or
(ii) 
Access to a commercially plumbed restroom that is owned by the business owner of the property where the mobile food unit is operated, is accessible by the owner or operator and customers of the mobile food unit during all hours of operation, provides hot and cold running water through a mixing valve or combination faucet and is located within 300 feet of the mobile food unit.
(E) 
The owner or operator of a mobile food unit shall not park, operate or place the mobile food unit on a vacant lot, unless such lot is specifically designated by the city council.
(F) 
The owner or operator of a mobile food unit shall not place displays, merchandise, seating or temporary shelters in locations that obscure traffic.
(G) 
The owner or operator of a mobile food unit shall not sell merchandise or prepare, sell or serve food on any public street, sidewalk, or other public right-of-way.
(H) 
The owner or operator of a mobile food unit shall have a self-closing trash receptacle for each mobile food unit for the use of patrons of the mobile food unit. The owner or operator of the mobile food unit shall keep all areas adjacent to the mobile food unit clean and free from litter, garbage, and debris.
(I) 
The owner or operator of a mobile food unit shall not connect the mobile food unit to a source of electricity, water or sewer where the mobile food unit is operated unless a written permit has been obtained from the director of public works or his/her designee after a determination that the connection is in compliance with this code. Each permit for an electrical, water or sewer connection shall be applied for and issued in accordance with this code. Each permit shall be maintained in the mobile food unit at all times and shall be made available for immediate inspection by designated city official.
(J) 
Each day between the hours of 1:00 a.m. and 6:00 a.m., the owner or operator of a mobile food unit shall remove the mobile food unit from the location or locations where the mobile food unit is operated or authorized to operate. The city council may, at its discretion, waive this removal requirement during special events.
(K) 
Any violation of the above rules shall result in reprimands up to and including immediate revocation of the permit, instant eviction from the event and/or an automatic refusal on any event permits in the future.
(L) 
Unless exempted from the provisions of this article, it shall be unlawful for a person to engage in, transact or conduct the business or occupation of a mobile food unit vending within the city without first having obtained a mobile food unit permit from the city or to violate any provision of this article. Any person, firm, entity or corporation who violates any provision of this article shall be deemed guilty of a misdemeanor, and upon conviction, therefor, shall be fined in accordance with section 1.01.009 of this code. Each continuing day's violation shall constitute a separate offense. The penal provisions imposed under this article shall not preclude the city from filing suit to enjoin the violation. The city retains all legal rights and remedies available to it pursuant to local, state and federal law.
(Ordinance 89-2021-11 adopted 11/18/21; Ordinance 90-2306 adopted 6/23/2023)