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:
Applicant.
A person, as defined herein, who has filed a written application for a mobile food vendor permit.
City.
The City of Katy, Texas.
County.
Harris or Fort Bend County, Texas.
Department.
The City of Katy Department or Division designated to monitor and implement the rules and regulations provided for by this division.
Edible goods.
Includes, but are not limited to:
(1) 
Pre-packaged food, including but not limited to, candy, beverages, chips and ice cream;
(2) 
Prepared food which is prepared off-site for sale or distribution from the mobile food unit;
(3) 
On-site prepared food which is prepared in the mobile food unit; and
(4) 
Edible goods shall not include CBD or similar products.
Mobile food unit or establishment.
The mobile food truck, concession trailer, or other motorized unit, including the equipment, supplies and apparatus, used on-site for the sale of edible goods.
Mobile food vendors.
Any business which sells edible goods from a stationary location within the city. The term shall include, but not be limited to:
(1) 
Concession trailers. Vending unit which is pulled by a motorized unit and has no power to move on its own.
(2) 
Mobile food trucks. A self-contained motorized unit selling items defined as edible goods.
Person.
An individual, firm, partnership, corporation, association, organization, or other legal entity.
Special event.
An event or gathering of persons for a common purpose, typically held outdoors, including but not limited to parades, bike races, marathons, carnivals, concerts or other types of festivals or outdoor activities or gathering of persons.
Stationary location.
The placement of a mobile food unit when not in motion and open to the public for the purpose of selling or offering food for sale.
Texas Food Establishment Rules.
Those regulations adopted by the State of Texas as codified in Texas Administrative Code, title 25, "health services," chapter 228, "Texas Food Establishment Rules" as amended from time-to-time.
(Ordinance 3086 adopted 4/24/2023)
Any person operating a mobile food unit or establishment within the city shall comply with all regulations applicable to mobile food units as set forth in the Texas Food Establishment Rules and the "Rules for Regulation of Food Establishments in the Unincorporated Areas of Harris County, Texas" both as presently written or as amended.
(Ordinance 3086 adopted 4/24/2023)
No person shall operate a mobile food unit or establishment in the city without first registering with the city, upon showing that the mobile food unit has been inspected by the city and the county health department and displays a current and valid permit and/or medallion issued by the Harris County Health Department or Fort Bend Health and Human Services. No person shall operate as a mobile food unit or establishment in the city without a current and valid mobile food vendor permit issued by the city. Every permit must be displayed at all times in a conspicuous place on the mobile food vendor's truck or concession trailer so that it can be read by the general public.
(Ordinance 3086 adopted 4/24/2023)
An application for a mobile food vendor permit may be obtained from the city. A complete application must include the following:
(1) 
Legal name of business or entity;
(2) 
Name, location and dates during which the mobile food vendor proposes to sell edible goods from the mobile food unit;
(3) 
Sales tax number, with a copy of the sales tax permit;
(4) 
Proposed stationary location and hours of operation of the mobile food unit;
(5) 
Signed permission form from property owner(s) granting permission for placement of the mobile food unit at any stationary location;
(6) 
Name, address, phone number, email address and photocopy of the driver's license of the mobile food vendor and all employees driving or operating the mobile food unit or establishment;
(7) 
Written standard operating procedures of how the applicant plans to operate the mobile food unit or establishment, that includes, but is not limited to, whether food will be pre-packaged, hours of operation, and methods of serving food to customers;
(8) 
Description of the types of edible goods the applicant proposes to sell from the mobile food unit or establishment;
(9) 
Vehicle and/or unit make, model, vehicle identification number (VIN), and license plate number;
(10) 
Proof of business auto liability insurance, including motor vehicle insurance;
(11) 
Copies of any current and valid mobile food vendor permits, issued by Fort Bend or Harris County, for the mobile food unit or establishment identified by registration;
(12) 
Pictures of the mobile food unit; and
(13) 
Site plan showing the proposed location(s) of sales.
(Ordinance 3086 adopted 4/24/2023)
(a) 
No mobile food unit shall be located on any 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, signed by the property owner, shall be kept within the mobile food unit at all times.
(b) 
A mobile food unit may not be located within 100 feet of the primary entrance of an open and operating fixed-location restaurant or food service establishment, unless approved by city council, and written permission from the owner fixed-location restaurant or food service establishment is provided with the mobile food vendor permit application.
(c) 
A mobile food vendor shall not conduct sales where the operation impedes vehicular or pedestrian traffic, or within the public right-of-way, without an approved traffic plan from the city's police department and approval by city council.
(d) 
A mobile food unit must be located on an improved all-weather surface, which for the purposes of this division, means concrete, asphalt, or brick pavers.
(e) 
A mobile food vendor may locate in a parking lot, only if it does not subtract required parking from any other use at the same location.
(f) 
No mobile food vendor shall conduct business within any zoning district aside from the "M" industrial district, unless operating as legally permitted in public right-of-way or at a special event location.
(g) 
OKD Old Katy District: A mobile food vendor may conduct business at a stationary location in the OKD Old Katy Zoning District, only when such mobile food vendor is accessory, in size and scale, to an existing primary use. Mobile food vendors in OKD must be located behind a building and may not be located closer than 300 feet to another property with a mobile food vendor.
(h) 
No more than two (2) mobile food establishments may be permitted at the same stationary location, unless operating as part of a special event.
(i) 
A mobile food vendor shall not conduct sales within public right-of-way unless:
(1) 
Operating at a special event;
(2) 
During regular business hours when operating at an active construction site; or
(3) 
On any public street designated on the city's thoroughfare plan as a collector street or less, for a duration less than 30 minutes, between the hours of 8:00 a.m. and 8:00 p.m., to sell prepackaged food.
(Ordinance 3086 adopted 4/24/2023)
Mobile food vendors operating as part of a special event are authorized to conduct business, subject to the additional terms of this section:
(1) 
Mobile food vendors operating as part of a special event may operate in any zoning district unless otherwise strictly prohibited.
(2) 
A special event shall begin no sooner than two (2) hours before the special event activities begin and shall end two (2) hours after the special event activities are concluded, but in no event shall extend beyond four (4) consecutive days. In no event shall authorization extend beyond the dates authorized by city council.
(3) 
Any special event that occurs in a public right-of-way will require an approved traffic plan by the city's police department and require approval by city council.
(4) 
No person or entity may hold more than twelve (12) special events in a calendar year.
(Ordinance 3086 adopted 4/24/2023)
(a) 
An applicant must pay a nonrefundable fee established by the city for each mobile food vendor permit. Each mobile food unit or establishment will be permitted separately.
(b) 
Upon renewal, the applicant shall pay a nonrefundable renewal fee set by the city and update any changes in the permitting document. The applicant must submit the application for renewal and the renewal fee before expiration of the permit or must reapply as a new applicant.
(c) 
The city may waive the application and/or permit fees if a vendor is operating as part of a city-sponsored or city-organized event.
(d) 
Mobile food vendor permits are valid for one year from the date of permit issuance.
(e) 
A permit holder shall notify the city in writing, during the term of the permit, of any change to the information submitted in the permit holder's application for a permit, including but not limited to, a change in the name, address or telephone number of the permit holder or operator and the vehicle's registrations, or if location permission has been revoked within ten (10) calendar days of such change.
(f) 
Permits are nontransferrable. A change of ownership of a mobile food unit, including a change of the legal form of the entity, shall require submission of a new application for a mobile food vendor permit and inspection of the mobile food unit. A mobile food vendor permit shall become void upon the closing of the sale of the mobile food unit for which a permit was issued.
(Ordinance 3086 adopted 4/24/2023)
The conduct listed below, by any person, directly or through an agent or employee of another regulated under this division, is prohibited:
(1) 
Selling edible goods within the corporate limits of the city unless its principal or employer has first registered with the office of the city.
(2) 
Selling edible goods while displaying or presenting a registration issued by the city in the name of another person, individual, organization or entity.
(3) 
Misrepresenting on the registration form any acts that are regulated under this division.
(4) 
Selling or offering for sale any alcoholic beverage from a mobile food unit or establishment.
(5) 
Selling or offering for sale any edible goods not described in the mobile food vendor permit application.
(6) 
Selling or offering for sale any nonfood item from a mobile food unit or establishment.
(7) 
Providing tables, chairs, umbrellas/canopies, music, flashing lights, freestanding signage, or other similar items.
(8) 
No mobile food vendor shall conduct sales between the hours of 12:00 a.m. and 6:00 a.m., unless otherwise approved by city council for a special event, and no mobile food unit shall remain on the premises except during such periods of operation.
(Ordinance 3086 adopted 4/24/2023)
A person who violates a provision of this division or a requirement of a mobile food vendor permit is guilty of a separate offense for each day or part of a day during which the violation is committed or continues. Upon conviction, each offense is punishable by a fine not to exceed $500.00 per occurrence.
(Ordinance 3086 adopted 4/24/2023)