The following terms shall have the meaning stated below when used in this article:
Approved.
Acceptable to the regulatory authority based on a determination of conformity with principles, practices, and generally recognized standards that protect public health.
Consumer.
A person who is a member of the public, takes possession of food, is not functioning in the capacity of an operator of a food establishment or food processing plant, and does not offer the food for resale.
Door-to-door sales.
A person who goes in person calling upon, selling, canvassing, etc., at each house, apartment or dwelling in an area of town. Example includes a subscription to magazine sale.
Event.
A social gathering or activity that occurs in a certain place during a particular interval of time. They are, but not limited to; festivals, carnivals, parades, concerts, fairs, stock shows, awareness campaigns and/or public sporting events. The event is (open to the general public) for the public, and (can include) identified as a nonprofit type fundraising campaigns.
Fixed food establishment.
A food establishment designed to be a permanent structure, that is, nonmobile.
Food establishment.
As defined by the Texas Food Establishment Rules:
(1) 
An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption:
(A) 
Such as a restaurant; retail food store; satellite or catered feeding location; catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people; market; vending location; conveyance used to transport people; institution; or food bank; and
(B) 
That relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.
(2) 
Food establishment includes:
(A) 
An element of the operation such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted by the regulatory authority; and
(B) 
An operation that is conducted in a mobile, stationary, temporary, or permanent facility or location; where consumption is on or off the premises; and regardless of whether there is a charge for the food or not.
(3) 
Food establishment does not include:
(A) 
An establishment that offers only prepackaged foods that are not potentially hazardous;
(B) 
A produce stand that only offers whole, uncut fresh fruits and vegetables;
(C) 
A food processing plant;
(D) 
A kitchen in a private home if only food that is not potentially hazardous is prepared for sale or service at a function such as a religious or charitable organization's bake sale if allowed by law;
(E) 
An area where food that is prepared as specified in subsection (3)(D) of this subsection is sold or offered for human consumption;
(F) 
A bed and breakfast limited facility as defined in these rules; or
(G) 
A private home that receives catered or home-delivered food.
Frozen product sales/delivery mobile unit.
A pick-up truck or similar vehicle with either a built-on or slide-in prefabricated freezer unit, or a canopy with a freezer inside for the delivery of pre-packaged food to designated addresses, but does not include no open food handling or door-to-door sales is allowed.
General product.
Any nonfood product or tangible item that is sold, rented, given away or used for advertisement. This also includes service type sales, such as glass repair or carwash business.
Hazard analysis critical control point (HACCP).
A systematic approach to the hazard identification, evaluation, and control of food safety hazards.
Holiday vendor.
A seller whose sales are dependent on a season of the year or on holidays of the year, to include before or after a holiday or special occasion, but which does not involve nonprofit sellers. Examples of holiday vendors: Easter sales, Mother's Day, Dia de los Muertos (Day of the Dead), Valentines, etc.
Itinerant vendor (as defined by the Administrative Code under the Comptroller of Texas website).
A seller who does not operate a place of business in Texas and who travels to various locations in this state to solicit sales.
Mobile food truck/trailer vendors.
A mobile food unit designed to be towed on public roads, and having an enclosed area for storage, handling, or preparation of food, and permitted as mobile food full service coach. The term does not include a pushcart or any portable unit for the service of food.
Mobile food vendors.
Any operation which sells food and/or beverage items from a nonstationary location within the city, including:
(1) 
Concession trailers. A 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 food and/or beverage items.
Nonprofit.
As defined in the Texas Administrative Code § 229.371(9), a civic or fraternal organization, charity, lodge, association, proprietorship or corporation possessing a 501(C) exemption under the Internal Revenue Code; or religious organizations meeting the definition of "church" under the Internal Revenue Code, § 170(b)(1)(A)(I).
Nonprofit organizations.
An incorporated organization or charitable organization established for social well-being, religious, educational, charitable reasons or other activities serving the public interest or common good, and from which its shareholders or trustees do not benefit financially. Any money earned must be retained by the organization, and used for its own expenses, operations, and programs.
Packaged.
(1) 
Packaged means bottled, canned, cartooned, securely bagged, or securely wrapped, whether packaged in a food establishment or a food processing plant.
(2) 
Packaged does not include a wrapper, carry-out box, or other nondurable container used to containerize food with the purpose of facilitating food protection during service and receipt of the food by the consumer.
Permit.
The document issued by the regulatory authority that authorizes a person to operate a food establishment or authorizes general product vending.
Permit holder.
The entity that:
(1) 
Is legally responsible for the operation of the food establishment such as the owner, the owner's agent, or other person; and
(2) 
Possesses a valid permit to operate a food establishment.
Person.
An association, a corporation, individual, partnership, other legal entity, government, or governmental subdivision or agency.
Person in charge.
The individual present at a food establishment who is responsible for the operation at the time of inspection.
Political fundraiser.
A fundraiser held to assist a candidate for office.
Produce vendors.
Those vendors that sell seasonal produce such as fruits and/or vegetables only, possess a valid state tax permit and have a U.S.D.A. registration number
Regulatory authority.
The local, state, or federal enforcement body or authorized representative having jurisdiction over the food establishments.
School function.
Any activity directly related to a public or private school organization, club or group, and/or any activity that is organized by any public or private school organization, club or group; with the sole purpose to learn a specific task, educate, raise awareness and/or instill sportsmanship; that will only fund the same public or private school organization, club or group.
Street peddler.
A person who is permitted to sell on/or by a commercially zoned property only. Example includes newspaper sales.
T.F.E.R.
Abbreviation for Texas Food Establishment Rules. This is the basic laws set forth by the state health authority in Texas.
Temporary food establishment.
A food establishment that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration.
(Ordinance 2385-B adopted 11/17/15; Ordinance 2385-C adopted 5/7/19; Ordinance 2385-D adopted 8/15/2023)
Any person wishing to market a product, food or service in the city on a temporary basis, with the exemption of individuals acting under the authority of Texas Administrative Code § 229.661, must complete an application "vendor registration" form available in the planning and development department permit division, pay a fee established in the city's "schedule of fees," and comply with the following permit requirements:
(1) 
All vendors, including private and nonprofit, shall complete a vendor registration for license form available at the planning and development department, with the permits division and pay a fee established in the city's fee schedule in appendix A.
(2) 
The application will be filled out by the vendor, nonprofit director or the nonprofit organizer.
(3) 
The application will include the following information, not limited to:
(A) 
Vendor name or organizations name with letter of intent and purpose for fundraiser;
(B) 
Location of event, with a signed letter of authorization from the location owner or manager of the property to allow the applicant to share parking provided by the main business use on the lot;
(C) 
Date of event;
(D) 
Contact phone number;
(E) 
The name and address of the applicant with a copy of a valid state-driver's license or valid U.S. State or U.S. Government issued identification card containing a photograph of the applicant;
(F) 
Product or list of products to be sold; and
(G) 
A valid state comptroller's office tax I.D. #, which is required by law, and I.R.S. tax exempt letter or identification number, or verification of registration for political office.
(4) 
Exemptions: An entity with an ongoing agreement with the city for recreational services/programs such as the Boys and Girls Club, the San Benito Youth Baseball league etc. is exempt from permit fees. However, the entity is required to obtain a permit and is subject to health inspections as applicable.
(5) 
A permit application shall be filed at least 5 work days prior to event or sale date. Predated notice and ticket information is required to ensure the rules, regulations and location are complied with. The nonprofit director and/or nonprofit organizer meet with the planning and development departments health division to ensure the rules, regulations and location are complied with.
(6) 
No vending will be allowed from a residential property, vacant lot or vacant business, or on any street, right-of-way easement, sidewalk or alley, exemption: city-sponsored event.
(A) 
Duration.
No license shall be issued or granted for more than a one-day continuous period without prior approval. Applicants, organizations or entities can renew up to six (6) events per calendar year. An applicant for a temporary food vendor permit shall be limited to a maximum of four (4) permits per year for up to four (4) events per calendar year, and a property owner who sponsors a temporary food vendor shall have no more than four (4) events per year upon the property. This four-event and four-permit limit shall not apply to events sponsored by the city.
(B) 
Nontransferable.
A permit issued under the provisions of this chapter shall not authorize any person other than the person named in said permit to engage in business thereunder and such permit shall not be transferable.
(C) 
Required to be carried during conduct of sale.
Every person licensed under this section shall be at the location and have city-issued permits on site and shall produce the same at the request of any city official.
(D) 
Revocation.
A permit may be suspended if the temporary event constitutes a substantial and imminent hazard to public health and/or for repeated violations of the provisions of this chapter. Suspension is effective immediately upon written notification, and all vending operations shall immediately cease.
(E) 
Nonrefundable.
Failure to notify city staff forty-eight (48) hours prior to a cancelled event will result in a nonrefundable fee.
(F) 
Practices prohibited.
A proof of purchase and a copy of the current health permit is required for the business when providing precooked foods.
(Ordinance 2385-B adopted 11/17/15; Ordinance 2385-C adopted 5/7/19; Ordinance 2385-D adopted 8/15/2023)
(a) 
Food managers certification: In accordance with Texas Health and Safety Code, section 437.0076, a public health district may require each fixed or mobile location retail establishment in which food is prepared on site for sale to the public that holds a permit issued by the public health district to employ a food manager who is certified.
(1) 
Requirements include:
(A) 
One certified food manager must be employed by each permitted food establishment.
(B) 
Certification must be obtained by passing an examination approved by the Texas Department of State Health Services and meeting all requirements in HSC, chapter 438, (relating to certification of food managers).
(C) 
The original food manager certificate shall be posted in a location that is visible/conspicuous to consumers.
(2) 
Exemptions include:
(A) 
Establishments that handle only prepackaged food and do not prepare or package food;
(B) 
Establishments that do not prepare or handle exposed potentially hazardous foods.
(C) 
Nonprofit organizations or political fundraisers if the health division determines that a flood handler certificate will suffice.
(b) 
No push cart nor nonmotorized cart sales will be allowed or permitted within the corporate city limits.
(c) 
All permit holders shall remove all wares, stands, tents and/or displays from their designated sites at the end of each day of operation. Festival, carnival, circus, or any event that lasts more than 1 day shall be exempt from this requirement, based on permit received.
(d) 
Products shall be placed within a 5 foot proximity of the vendor station, vehicle, tent or stand. All tents, temporary stands and such shall be anchored and secured.
(e) 
Permitted vendors may not place any items or advertisements on the easements or right-of-way of any roadway that could cause a distraction to drivers or otherwise impede traffic.
(f) 
The site may be inspected by the code enforcement department, planning and development department, and fire department for compliance with health, safety, parking and zoning requirements.
(Ordinance 2385-B adopted 11/17/15; Ordinance 2385-C adopted 5/7/19; Ordinance 2385-D adopted 8/15/2023)
(a) 
Produce vendors.
Permitted produce vendors that sell uncut seasonal produce such as fruits and/or vegetables shall only be able to locate within a commercially zoned property where an already established legally conforming business use exists and with written permission of the property owner for a period of up to three (3) consecutive months out of the year. If the produce vendor wishes to renew the produce vendor permit one (1) time consecutively after the previous (3) consecutive months, he or she may do so at the same cost as per the fee schedule and for the same duration of time.
(b) 
Door-to-door sales vendor.
Vendors who call upon door-to-door to sell their goods or services in residentially zoned areas. Each door-to-door sales vendor must carry a permit that bares the seal of the city and that has been issued by the permits division of the code enforcement department. No other type of permitted vendor shall be allowed to operate in a residentially zoned area or in a street right-of-way or easement.
(c) 
Street peddlers.
Vendors licensed to vend or sell on/or by a commercially zoned property. Door-to-door sales shall not be allowed to vend or sell on or by a commercially zoned area.
(d) 
Holiday vendors.
Vendors who shall locate on a commercially zoned area, where the owner, manager or person in charge has given permission to the vendor to station, place, park and sell their wares. The permitted holiday vendor may not place any items or advertisement on the easement or right-of-way of any roadway that could cause a distraction to drivers or impede traffic. Only one (1) permit issued per subdivided/deeded lot, which shall be valid for a period of no more than seven (7) days.
(e) 
Mobile food vendors.
Vendors who operate mobile food units in the city. Only one (1) mobile unit per applicant. Any permit issued shall be affixed to the front farthest right of the windshield as to be visible to the public and accessible to the health authority. Mobile food vendors will have their vehicles inspected every renewal to ensure the public's health is protected. A valid state driver's license subject to verification by the police department and current insurance, with designated driver's name included, must be presented upon renewal to the permits division. The license plate number and state of issuance of the vehicle used will also be documented on the permit issued. Mobile food unit shall also have the name and phone number visible on both sides of the unit. Mobile food vendors may operate in specific areas at certain events, with event permit, designated by the city, including the following:
(1) 
Any city-sponsored festive public event occurring at any of the city's public parks or fairgrounds;
(2) 
Any other event authorized by prior action and approval of the city commission.
(f) 
General product/nonfood vendors.
Vendors who shall locate on an existing legally conforming business with the permission of the property owner, manager or person in charge. May also include city-sponsored events and/or designated sites for festivals, carnivals, functions or other recognized and organized public gatherings and venues. Stationary only.
(g) 
Event permits.
Holders of event permits may station, set site or set up venue at any location designated by the city commission or their designee that will fit the size and capacity of the event. They shall provide the city code enforcement department a complete list of all vendors, including food, nonfood and general product, that will be participating in the event, 72 hours prior to commencement. This will include events sponsored by city, school districts, economic development corporation and/or chamber of commerce.
(h) 
Benefit/nonprofit fundraisers permit.
(1) 
Private, noncommercial vendors may be allowed to operate within the city at certain designated areas for benefit/nonprofit types of fundraisers to take place at the following sites to include, but not limited to:
(A) 
School property (school functions and clubs only);
(B) 
Nonprofit club or organization site (within club and/or organization only, to show proof of nonprofit status);
(C) 
At a place of worship; or
(D) 
At a city designated site.
(2) 
No sales of this type will be allowed from any household or residence.
(3) 
No fundraisers will be allowed at a commercially established business, unless the city's code enforcement health division has determined that no health risk exists.
(Ordinance 2385-B adopted 11/17/15; Ordinance 2385-C adopted 5/7/19; Ordinance 2385-D adopted 8/15/2023)
The Texas Food Establishment Rules, as amended from time-to-time, were adopted for application within the city on the 7th of May, 2019.
(Ordinance 2385-B adopted 11/17/15; Ordinance 2385-C adopted 5/7/19; Ordinance 2385-D adopted 8/15/2023)
(a) 
Permit.
Every mobile food vendor shall have a permit issued by the city.
(b) 
Application.
Every mobile food vendor shall apply for a permit on a form promulgated by the city. Each vending unit requires a separate permit. Applications for permits meeting the requirements for mobile vendors shall be processed with then (10) business days.
(c) 
Permit form.
A complete application shall require the following information from the application 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 charter or articles of incorporation and current listing of directors, partners, or principles.
(5) 
Sales tax number with a copy of sales tax permit.
(6) 
Signed permission form or provided notarized affidavit from the private property owner granting permission for unit placement.
(7) 
Name, phone number and driver's license number of business owner.
(8) 
Proposed initial itinerary with route, vending locations and times. All route, location, and time change must be submitted.
(9) 
Contact name and phone number for mobile food vending unit while in route.
(10) 
A listing of all food items to be sold.
(11) 
Site plan where the mobile food vending into will be located on the property.
(12) 
Vehicle identification number and description of mobile food vending unit.
(13) 
List of proposed location(s) (limit 3 for a period of 6 months).
(14) 
Must provide dates and times for each location.
(Ordinance 2385-D adopted 8/15/2023)
(a) 
The application fee for a mobile food vendor permit shall be as listed in appendix A, fee schedule. Each mobile food vendor unit shall be permitted separately.
(b) 
Mobile food vendor permits shall be valid for 6 months from the date of permit issuance.
(c) 
Only 2 food trucks per food truck owner will be allowed.
(d) 
Upon renewal the applicant shall pay the renewal fee of $50.00 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 the expiration of the permit or must reapply as a new applicant.
(Ordinance 2385-D adopted 8/15/2023)
(a) 
A permit may be denied where:
(1) 
An applicant is found to have an unpaid civil judgement(s) against him or her which relates to the duties and responsibilities of the permitted occupation which shall be determined by the nature and amount of the judgement, the relationship of the judgement 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 judgements;
(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 extend 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 section.
(b) 
Display of permit.
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 truck or concession trailer.
(Ordinance 2385-D adopted 8/15/2023)
(a) 
The notice of revocation, suspension, or denial of a permit shall include the procedure for appealing the suspension, revocation, or denial.
(b) 
If a city 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 (10) business days of the revocation, suspension, or denial.
(c) 
Pending action on the appeal, a permit which has been revoked or suspended shall be considered revoked or suspended.
(d) 
If a written appeal is not submitted within ten business days or revocation, suspension, or denial, or of the appeal is denied, the permit shall hence be considered revoked, suspended or denied.
(Ordinance 2385-D adopted 8/15/2023)
If a mobile food vendor or applicant is not in compliance with this section or any other ordinance, 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.
Permit will be revoked and the vendor may become ineligible for a new or reissued permit for 90 consecutive days.
(3) 
Third violation.
Permit will be revoked and the vendor will become ineligible for 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.
(Ordinance 2385-D adopted 8/15/2023)
(a) 
No mobile food vendor shall conduct business within any single-family residential or agricultural zoning district.
(b) 
A mobile food vendor may not be located within 100 feet of the primary entrance of an open and operating fixed-location food service or eating establishment except during city-sponsored or other community events or the historical downtown area.
(c) 
In congested areas where the operation impedes vehicular or pedestrian traffic. The city may request the applicant to vacate the location.
(d) 
Between the hours of 3:00 a.m. and 6:00 a.m.
(e) 
Location regulations: No mobile food vendor shall be located on any private property without written permission to do so and must comply if asked to leave by the property owner or the city. A copy of the written permission to operate in a specific location signed by the private property owner, shall be kept within the mobile vending unit at all times.
(Ordinance 2385-D adopted 8/15/2023)
The following regulations shall apply to mobile food vendors within any allowed zoning district:
(1) 
Mobile food vendors will not be allowed on a vacant lot.
(2) 
Mobile food vendors must be located on an established business lot and must only operate during the hours of operation.
(3) 
Mobile food establishments shall operate from a central preparation facility or other permitted fixed food establishment and shall report to such location for supplies and for cleaning and servicing operations.
(4) 
Each unit shall be equipped with a portable trash receptacle, and shall be responsible for proper disposal of solid waste and wastewater in the sanitation facility legally accessed by the food service establishment. All disturbed areas must be cleaned following each stop to a minimum of 20 feet of the sales location.
(5) 
Mobile food vendor may not have a drive through.
(6) 
Mobile food vendor may not be allowed to have multiple locations within a day but not exceeding eight hours of operation per location. A list of the locations must be submitted to and approved by the health authority.
(7) 
Continuous music or repetitive sounds shall not project from the mobile unit.
(8) 
A five-foot clear space can be maintained around the mobile food vending unit.
(9) 
The mobile unit will be subject to inspection upon permit application through the code enforcement, health department and the fire marshal, and may be subject to random inspection and upon reissuance of the permit.
(10) 
No sales are allowed within public park facilities while park concession units are operating. Mobile units operating in public parks and on streets adjacent to public parks or recreational facilities requires approval by the director of community services.
(11) 
A "no smoking" sign must be posted next to the order window or area.
(12) 
An approved portable type of ABC fire extinguisher tagged by a licensed company shall be kept accessible as directed by the city fire marshal or designee. A portable type K fire extinguisher is also required in the kitchen for cooking operations.
(13) 
A kitchen fire suppression system and kitchen ventilation systems is required to be NFPA 17A and NFPA 96 compliant and shall be required when the cooking process produces grease laden particles within the mobile unit. Said systems shall require testing in the presence of a city fire marshal or designee.
(14) 
All cooking appliances shall be UL approved appliances.
(15) 
If cooking and using propane, a gas pressure test must be performed by a licensed plumber.
(16) 
No food trucks will be allowed on city property except city parks and they will be limited to 4 trucks per park.
(17) 
Food trucks located at city parks will only be allowed to operate from 6:00 a.m. to 10:00 p.m.
(Ordinance 2385-D adopted 8/15/2023)
(a) 
It shall be unlawful for any individual as the agent or employee of another regulated under this section to sell edible goods in the city unless it's principal or employer has received a permit under the city in the name of another individual, origination, or entity.
(b) 
A permit issued under this section is not transferable.
(c) 
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 section.
(d) 
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 section.
(e) 
It shall be unlawful for any individual directly or through his or her 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.
(f) 
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 2385-D adopted 8/15/2023)