Commissary location.
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.
Edible goods.
All food products designed for human consumption.
Food service establishment.
Any business that sells edible goods from a fixed location and has been inspected and approved by the city, including commercial kitchens and commissaries, and shall specifically exclude accessory or self-serve retail food sales.
Mobile.
The state of being in active, but not necessarily continuous, movement; capable of being moved and not permanently fixed or placed.
Mobile food vendor.
Any person that sells edible goods from a mobile unit at a stationary location on private property approved for such activity within the city.
Mobile food vendor permit.
The permit issued by the city to a mobile food vendor allowing the mobile food vendor to conduct business in the city.
Mobile unit.
Means and includes:
(1) 
A mobile food truck: A self-contained motorized unit from which a mobile food vendor offers for sale or sells edible goods to the public;
(2) 
A 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
(3) 
A 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.
Stationary location.
The location where the mobile food vendor has obtained written permission from the property owner to sell and dispense edible goods to the public.
(Ordinance 121, sec. II (1.101), adopted 6/9/20)
(a) 
Permit required.
Every mobile food vendor shall have a permit issued by the city to conduct business in the city.
(b) 
Application for permit.
Every mobile food vendor shall apply for a permit on a form promulgated by the city.
(1) 
A mobile food vendor shall submit a completed application for a mobile food vendor permit to the city and shall complete all required inspections through the city.
(2) 
A mobile food vendor permit shall be required for each individual mobile unit utilized.
(3) 
Applications for permits meeting the requirements for mobile vendors shall be processed within ten (10) business days.
(4) 
Before conducting business in the city, a mobile food vendor shall obtain a mobile food vendor permit issued by the city.
(c) 
Application requirements.
A complete application shall require the following information from the applicant to be considered:
(1) 
Name of applicant.
(2) 
Legal name of business or entity.
(3) 
State of incorporation or filing of a partnership or articles of association.
(4) 
If applicable, copy of the charter or articles of incorporation and current listing of the directors, partners, or principals.
(5) 
Sales tax number with a copy of sales tax permit.
(6) 
Signed permission form or provide a notarized affidavit from the private property owner granting permission for unit placement.
(7) 
Name, phone number and driver’s license number of the business owner and all employees operating within the mobile unit.
(8) 
Proposed itinerary with route, vending locations and times.
(9) 
Estimated solicitation period (provide beginning and ending dates).
(10) 
Contact name and phone number for the mobile food vendor unit while in route.
(11) 
Description of the product being sold.
(12) 
Site plan where the mobile unit will be located on the property.
(13) 
Vehicle identification number and description of the mobile food vendor unit.
(14) 
Signed affidavit with photo identification that each individual applicant:
(A) 
Has no unpaid civil judgments against him or her in any state or U.S. possession which arise from a business activity which would have been covered by this section if in effect at the time in the jurisdiction where such judgments are of record.
(B) 
A statement of all convictions in any state, the United States, or U.S. possession within the last ten years.
(d) 
Inspections; standards.
A mobile unit shall be inspected by the city prior to the issuance of a mobile food vendor permit. All required inspections from the city must be successfully completed prior to consideration and approval of a mobile food vendor permit by the city. The inspection shall take place at the city volunteer fire department and shall include the following:
(1) 
A valid driver’s license and current state 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.
(2) 
A mobile unit must have a 2A:10B:C sized extinguisher with an annual inspection tag from a Texas 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.
(3) 
All cooking appliances in the mobile unit shall be of an approved type, commercial grade, listed and labeled for the use intended. Appliances shall be installed in accordance with the manufacturer’s instructions. Portable camp stoves or the equivalent shall be prohibited. All cooking appliances shall have an approved, labeled and listed on-off valve.
(4) 
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 National Fire Protection Association 58 and be protected from physical damage. Mounting and placement of containers shall comply with National Fire Protection Association 58 and state department of transportation regulations. The capacity limit of propane and natural gas containers or cylinders shall be determined by the city or the city volunteer fire department after consideration of features that secure and protect the container.
(5) 
Cooking surfaces in the mobile unit shall be kept clean of grease buildup. Trash containers and debris shall be emptied regularly. Extension cords shall not be utilized for appliances. Appliances shall be plugged directly into electrical outlets.
(6) 
The city is herein authorized to conduct all inspections as necessary to determine the extent of compliance at any time.
(e) 
Permit validity period; application fees; renewal.
(1) 
Mobile food vendor permits will be issued for the following periods of validity, each with the respective application fees set forth in the fee schedule in appendix A of this code:
(A) 
Daily.
(B) 
Monthly.
(C) 
Yearly.
(2) 
The applicable application fee for a daily, monthly, or yearly mobile food vendor permit shall be paid for each mobile unit to be in service.
(3) 
Mobile food vendor permits shall be valid for either (i) one day, (ii) one month, or (iii) one year from the date of permit issuance.
(4) 
Upon renewal of a mobile food vendor permit issued for one year, the applicant shall pay a renewal fee as set forth in the fee schedule in appendix A of this code and update any changes in the permitting documentation upon permit renewal. The applicant must submit the application and the renewal fee within 30 days before expiration of the mobile food vendor permit issued for one year or must reapply as a new applicant. Renewal applications shall be subject to the requirements of subsection (d) of this section.
(f) 
Permit denial.
A mobile food vendor 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; or
(4) 
The opportunity to issue a permit has been denied due to previous violations as described in this article.
(g) 
Permit revocation or suspension.
A mobile food vendor permit may be revoked or suspended in the following situations:
(1) 
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.
(2) 
A permit may be revoked for nonconformity to the application location specifications or requirements as well as to nonconformity to an approved location plan or diagram.
(3) 
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.
(4) 
A permit may be suspended or revoked for not complying with the requirements of this article, or any other ordinances or laws.
(5) 
Failure to pay outstanding parking meter fees and fines.
(h) 
Appeal of permit revocation, suspension, or denial.
(1) 
The notice of revocation, suspension, or denial of a permit shall include the procedure for appealing the suspension, revocation, or denial.
(2) 
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.
(3) 
Pending action on the appeal, a permit which has been revoked or suspended shall be considered revoked or suspended.
(4) 
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.
(i) 
Reapplication after revocation, suspension or denial.
If a mobile food vendor or applicant is not in compliance with this article 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: The permit will be revoked, and the vendor may become ineligible for a new or reissued permit for 90 consecutive days.
(3) 
3rd violation: The permit will be revoked, and the vendor will become ineligible for a 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.
(j) 
Exemptions.
(1) 
Any person that sells edible goods from a mobile unit operating at a stationary location in conjunction with a city or city volunteer fire department event shall be exempt from the requirement to obtain a permit. However, said exempted mobile food vendors and activities shall still be subject to compliance with all state and local rules requirements for food handling establishments, including any requirements or special conditions set by the host entity, and are subject to inspection.
(2) 
Any mobile food vendor which is either:
(A) 
Operated by a nonprofit organization in connection with the organization’s principal activity, such as concession stands operated by volunteers at youth athletic leagues; or
(B) 
Operated by a nonprofit organization as a service to its members or to some identifiable group, such as shut-ins or persons suffering from some disabling condition;
shall be required to obtain a permit, but the permit fee provided for in subsection (e) of this section shall be waived.
(Ordinance 121, sec. II (1.102), adopted 6/9/20; Ordinance adopting 2023 Code)
(a) 
Subject to the provisions of this article, mobile food vendors shall be permitted to establish a stationary location and conduct daily business in the following zoning districts: C-1 or C-7A, commercial.
(b) 
The mobile food vendor is not limited to a single stationary location and may locate within any of the zones noted above with the required owner consent affidavit.
(Ordinance 121, sec. II (1.103), adopted 6/9/20)
(a) 
A mobile food vendor shall not conduct business within two hundred (200) feet of the boundary line of any residential 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 two hundred (200) feet 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, signed, and notarized permission to operate at a specific stationary location shall be kept within the mobile unit for documented verification.
(Ordinance 121, sec. II (1.104), adopted 6/9/20)
No mobile food vendor shall operate between 10:00 p.m. on any day until 6:00 a.m. of the following day. During these prohibited hours of operation, the mobile unit shall be removed from the stationary location and properly stored at its commissary location as required by section 5.03.007.
(Ordinance 121, sec. II (1.105), adopted 6/9/20)
The following regulations shall apply to mobile food vendors:
(1) 
A mobile food vendor shall comply with all regulations established by the Texas Food Establishment Rules and the fire marshal’s office and maintain compliance with all requirements noted in section 5.03.002.
(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) 
No loud or disruptive music or narrative shall project from the mobile unit.
(4) 
A mobile unit shall be parked on an all-weather surface 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 notarized document from the property owner granting permission to the mobile food vendor to utilize the property for that purpose.
(7) 
A mobile food vendor shall register a commissary location with the health department stating where the unit is to be stored when not in operation.
(8) 
No mobile food vendor shall conduct business in the public right-of-way and shall not block access to any parcel or alley.
(9) 
No mobile unit shall locate in such a manner as to cause any visibility obstruction at a street intersection.
(10) 
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 mobile unit.
(Ordinance 121, sec. II (1.106), adopted 6/9/20)
Any mobile unit stored on a commercial lot shall be entirely enclosed within a building, or hidden from view behind the primary structure, or approved opaque screening.
(Ordinance 121, sec. II (1.107), adopted 6/9/20; Ordinance adopting 2023 Code)
(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) 
It shall be unlawful for an individual to transfer a mobile food vendor permit issued under this article.
(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 article.
(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 article.
(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 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 121, sec. II (1.108), adopted 6/9/20)
Any person found in violation of any provision of this article shall be guilty of a misdemeanor and upon conviction thereof shall be fined in accordance with the general penalty provided in section 1.01.009 of this code. This penalty provision shall be in addition to any other legal or equitable remedies available to the city to enforce this article. Each day that a violation occurs is a separate offense.
(Ordinance 121, sec. III, adopted 6/9/20; Ordinance adopting 2023 Code)