(a)
Popular name.
This article may be referred to
as the "mobile food vendor ordinance."
(b)
Purpose.
This article is adopted so that the city
may enact the appropriate administrative and regulatory rules and
procedures pertaining to mobile food vendors.
(c)
Scope of jurisdiction.
This article shall apply
within the city limits of the city as interpreted by city staff.
(d)
Applicant.
City code enforcement officer.
City limits.
City.
Conditional use permit (CUP).
County.
Location or siting.
Mobile food court.
Mobile food establishment.
(1)
(2)
Mobile food trailer or mobile food unit.
Mobile food vendor.
Permanent mobile unit.
Permit.
Person.
Site.
State.
Temporary mobile food.
Definitions.
A person, group, business, or entity who submits an application
for a mobile food vendor permit.
The person designated by the city manager of the city to
review and process permit applications and to oversee provisions of
this article.
The incorporated municipal boundary of the city.
City of San Saba, Texas.
A permit that requires discretionary approval from the city.
These types of permits consent to a use not allowed by-right in a
particular zone. Just like the name implies, the permit application
is approved under a set of conditions. Those conditions are set forth
by the jurisdiction that the land falls within.
San Saba County, Texas.
An area in which a mobile food vendor is located.
Two or more mobile food vendors in the same location.
An operation that, prepares stores, packages, serves, vends,
or otherwise provides food for human consumption:
To include a restaurant; retail food store; satellite or catered
feeding location; catering operation if the operation provides food
directly to a consumer; market; vending location; conveyance used
to transport people; institution; or food bank; and
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.
A vehicle-mounted mobile food establishment that provides
goods and/or services directly to a consumer and is designed to be
readily movable such as a trailer or a self-propelled motor vehicle,
including a recreational vehicle, motor home, travel trailer or campertrailer.
The operator or owner of a mobile food unit or mobile food
trailer.
A mobile food establishment situated at a location for four
(4) days or more days a month and for which a conditional use permit
for sitting is required.
A license, certificate, approval, registration, consent,
contract or other form of authorization required by law, rule, regulation,
order or ordinance that a person shall obtain to perform an action
or initiate, continue, or complete a project for which the permit
is sought.
A human individual, agency, association, corporation, partnership
or sole proprietorship.
A platted or unplatted lot in the city limits treated as
a single tract for purposes of the assessment of property taxes. A
site may be identified by its address, or legal property description.
The State of Texas and related state agencies.
A mobile food establishment situated at a location for 3
days or less a month.
(e)
Water and electricity.
(g)
Trash.
(1)
A mobile food trailer or establishment shall be equipped with
an attached trash receptacle approved by the city.
(2)
Solid and liquid waste shall be held, stored and disposed of
in a receptacle approved by the city and/or county health authority
and in compliance with applicable city code requirements.
(3)
A mobile food vendor shall provide a trash receptacle for use
by customers.
(4)
A mobile food vendor shall maintain the area around the mobile
food trailer or establishment clear of litter and debris at all times.
(h)
Additional requirements.
(1)
A mobile food vendor shall comply with all city, county and
state health regulations regarding time, temperature, plumbing, operation
and maintenance requirements for a mobile food establishment and as
outlined in the state food establishment rules promulgated by the
state Department of State Health Services (DSHS).
(2)
If a mobile food trailer or unit does not have a self-contained
kitchen, the mobile food vendor must setup and operate a central preparation
facility unless a variance from DSHS was issued.
(3)
A mobile food vendor shall store all food and supplies within
the mobile food unit.
(4)
A mobile food vendor shall comply with all requirements prohibiting
alteration, removal, attachments, placement or change in, under, or
upon the mobile food establishment that would prevent or otherwise
reduce ready mobility of the mobile food establishment unit.
(5)
A mobile food vendor(s) operating a multiple vendor mobile food
court shall provide a city-approved ADA-compliant restrooms for employees
and customers.
(6)
A mobile food vendor is required to acquire and display on the
mobile food unit the proper city-issued and state DSHS permits and
licenses in order to operate within the city.
(7)
A mobile food vendor/establishment shall comply with the Americans
with Disabilities Act (ADA).
(8)
A mobile food establishment shall be subject to on-site inspections
by the city.
(9)
A mobile food establishment shall not operate between the hours
of 9:00 p.m. and 6:00 a.m. unless otherwise authorized by or permitted
by the city code enforcement officer.
(10)
A mobile food vendor is prohibited from being located within
100 feet of a restaurant of general use or a restaurant of limited
use, measured from the property line of the mobile food vendor to
the property line of the restaurant, unless the vendor has obtained
permission to setup and operate a mobile food unit from each affected
restaurant.
(11)
A mobile food unit or establishment shall be located in an area
which shall have access to three parking spaces, including off-street
or the reasonable equivalent, each. Parking spaces that are required
for another business shall not be counted towards the required spaces
for the mobile food unit unless authorized by the business and approved
by the city. Parking spaces shall comply with the city's parking
standards found in this code, including ADA standards. A mobile food
unit located in the historic district overlay is exempt from this
provision.
(12)
If a mobile food vendor remains at the same location for longer
than three (3) days a month, a conditional use permit (CUP) is required.
If after three (3) days, a mobile food vendor wishes to relocate to
a different location within the city, the vendor may do so for an
additional one (1) day without obtaining a CUP. In any given month,
a vendor may not locate within the city limits more than four (4)
days a month without obtaining a CUP per the requirements of this
article.
(13)
A mobile food vendor or a mobile food court with a CUP permit
(longer than three (3) days) may request to have amplified sound/music
as part of the CUP application. The city will review the appropriateness
of the request on a case-by-case basis and determine conditions in
the CUP.
(14)
The noise level of mechanical equipment or outside sound equipment
used at a mobile food trailer or establishment may not exceed 70 decibels
when measured at the property line.
(15)
A mobile food establishment or trailer shall be permitted to
operate in a district zoned commercial, public use, or park and in
the area with the historic district overlay.
(16)
Drive-in service is not permitted for any mobile food establishment.
(17)
Lighting for signs shall comply with the city's sign ordinance.
(18)
Any sign on a mobile food unit must be attached to the unit's
exterior. The sign:
(Ordinance 2022-08 adopted 8/16/2022)
(a)
A person shall be required to obtain a mobile food vendor permit
from the city:
(1)
To operate a mobile food trailer or establishment;
(2)
To conduct sales at a mobile food trailer or establishment;
(3)
Prior to erecting, installing or parking a mobile food trailer
or establishment in the city limits; and
(4)
Prior to a sale, offer for sale or exhibit for the purpose of
taking orders for the sale of any food or beverages, except in the
following areas after obtaining a permit: on any property where the
food truck operation is permitted as a temporary use under the zoning
ordinance, but only in accordance with such temporary use regulations.
(b)
The following persons and/or businesses are exempt from the
permit requirement as follows:
(1)
A person operating a mobile food trailer or establishment for
a special event or city-sponsored event must submit an application
for a mobile food vendor permit but is not required to pay a permit
fee; said operator must provide written approval of participation
by the mobile food court in the special event;
(2)
A person operating on private property only as a caterer under
a contract for the sale of food to the property owner, and who does
not sell food to any person other than the property owner; or
(3)
The mobile food vendor is a complementary extension or outlet,
of a brick-and-mortar restaurant or business and the applicant applies
for and is granted a conditional use permit under the requirements
of the city's zoning ordinance. The mobile food vendor shall
only operate during the operating business hours of the brick-and-mortar
business of which the mobile food vendor is an extension or outlet.
(c)
Permit application.
An application:
(1)
Shall be submitted on a form provided by the city to the city;
(2)
Must be submitted at least thirty (30) days prior to beginning
operations in the city;
(3)
Shall include the following information:
(A)
Proof of sales tax certificate;
(B)
Proof of sales tax report;
(C)
Proof of possession of a mobile food unit establishment permit
or license issued by the DSHS;
(D)
The full name and address of the applicant vendor, the location
of the principal office and place of business;
(E)
A statement showing the kind and character of the food and beverages
to be sold, or offered for sale;
(F)
A photograph and description of the vehicle, including license
number, make, model, dimensions and a description of all attachments
such as canopies and shelves;
(G)
A certified copy of the charter if the food truck vendor is
a corporation incorporated under the laws of the state;
(H)
A conditional use permit, if required, for the premises on which
the business will be conducted, unless the business will be conducted
only on public streets;
(I)
Written proof of the applicant's permission to use the
private property on which the mobile food unit or establishment will
operate;
(J)
Written authorization issued by the city if the business will
be conducted on a public city street;
(K)
A certificate of insurance evidencing liability insurance in
an amount required by the city; and
(L)
Other information deemed appropriate and relevant.
(d)
Permit fees; duration.
(Ordinance 2022-08 adopted 8/16/2022)
(a)
A mobile food establishment situated at a location for longer
than 10 days a month shall be deemed a permanent mobile food court.
A mobile food vendor permit is required for a permanent mobile food
court.
(b)
A conditional use permit (CUP) shall be required to establish
a permanent mobile food court. A CUP must be received prior to or
at the same time of issuance of a mobile food court vendor permit.
Issuance of a CUP is in accordance with the procedures for CUPs of
the city's zoning ordinance.
(c)
Permanent mobile food requirements:
(1)
All permanent mobile food establishments situated on the property
shall be located on an impermeable surface such as concrete or rolled
asphalt, or a stable permeable surface such as decomposed granite
or other similar material.
(2)
All permanent mobile food establishments shall have connections
for electricity, potable water, and sewage disposal, or a system to
adequately provide these services to each mobile food establishment.
(3)
A restroom equipped with flush type toilets and properly hooked
up to a sanitary sewage system with sufficient capacity to meet the
needs of the establishments, employees, and customers shall be available
on the property. The restroom shall be equipped with hand sinks, hot
and cold water, and either hand towels or forced air hand dryers.
Within sixty (60) days of approval of the conditional use permit,
the restroom facility must be constructed and fully functional.
(4)
Pavilions with shade and similar seating areas (i.e. shaded
picnic tables) for customers shall be provided, at a minimum of eight
places for seating at a table or tables for every three (3) mobile
food vendors.
(5)
Landscaping shall comply with parking lot landscaping requirements
of the city's landscape ordinance. Pedestrian pathways may be
provided.
(6)
Signage for a mobile food vendor court must be in compliance
with the city's sign ordinance.
(7)
All permanent structures must be in compliance with city code
regarding exterior design.
(8)
Amplified sound/music must be in compliance with provisions
stated in this article.
(9)
Outdoor lighting must be in compliance with the city's
outdoor lighting ordinance.
(10)
A permanent mobile food court located within any historic district
of the city must be setup in compliance with all applicable historic
regulations.
(Ordinance 2022-08 adopted 8/16/2022)
(a)
The city designee shall review each permit application to identify
public safety and health issues, traffic concerns, street closures,
adjustments to emergency response routes and crowd safety. The city
designee shall consult with an applicant on additional conditions
required, if necessary.
(b)
The city designee shall issue a permit upon a showing of compliance
by the applicant with the standards and requirements of this article.
(c)
The city designee may deny a permit under the following circumstances:
(1)
The applicant has failed to supply the required information
or makes or permits the making of a false or misleading statement
or omission of material fact on an application for a permit;
(2)
The applicant has not paid the required permit fees and deposits;
(3)
The mobile food court site will conflict with another site for
which a permit has already been issued;
(4)
The applicant has not met all of the provisions of this article;
(5)
The applicant has been convicted of violating this article or
has had a permit revoked within the preceding 12 months;
(6)
The applicant has previously failed to pay for costs from a
previous permit;
(7)
The applicant fails to provide proof of a license or permit
required by another city ordinance or by state law; or
(8)
The mobile food court establishment would interfere, severely
hinder or compromise the delivery or performance of normal city services,
including previously scheduled construction or maintenance services,
or emergency services or constitutes a public threat.
(d)
The city designee shall have the authority to revoke an issued
permit for failure to comply with this article.
(e)
An applicant denied a permit may appeal a denial of a permit
or revocation of a permit to the city council which shall hear the
appeal as soon as possible.
(Ordinance 2022-08 adopted 8/16/2022)
(a)
Enforcement; civil and criminal penalties; nuisance offense
declared.
(1)
The city shall have the power to administer and enforce the
provisions of this article.
(2)
A person who violates any provision of this article commits
an offense.
(3)
A person violating any provision of this article is subject
to prosecution for criminal violations as well as suit for injunctive
relief.
(4)
A violation of this article is hereby declared to be a nuisance.
(b)
Criminal offense and fines.
(1)
A person violating any provision of this article shall, upon
conviction, be fined a sum of $500.00 and up to $2,000.00 if the violation
also involves fire safety, zoning or public health and sanitation,
including dumping of refuse. Each day that a provision of this article
is violated shall constitute a separate offense.
(2)
An offense under this article is a misdemeanor.
(c)
Civil remedies and penalties.
Nothing in this
article shall be construed as a waiver of the city's right to
bring a civil action to enforce the provisions of this article and
to seek remedies as allowed by law, including, but not limited to
the following:
(1)
Injunctive relief to prevent specific conduct that violates
this article or to require specific conduct that is necessary for
compliance with this article;
(2)
A civil penalty up to five hundred dollars ($500.00) per day
when it is shown that the defendant was actually notified of the provisions
of this article and after receiving notice committed acts in violation
of this article or failed to take action necessary for compliance
with this article;
(3)
Revocation of an issued permit; or
(4)
Other available relief.
(d)
Reissuance of permit upon revocation.
A mobile
food vendor whose permit has been revoked by the city may apply for
and obtain a permit after expiration of one year after the revocation.
(Ordinance 2022-08 adopted 8/16/2022)
