Edible goods.
Shall include, but are not limited to:
(1) 
Prepackaged food including, but not limited to candy, beverages, and ice cream.
(2) 
Prepared food including, but not limited to hot dogs, desserts, and pizza.
(3) 
On-site prepared food including, but not limited to shaved ice, sandwiches, and tacos.
Food service establishment.
Businesses that sell edible goods and have been inspected and approved by the health department, including commercial kitchens and commissaries, and shall specifically exclude accessory or self-serve retail food sales.
Mobile food court.
A parcel of commercially zoned property where through the required conditional use permit regulatory process, mobile food vending structures congregate to offer food and/or beverages for sale to the public as the principal use of the property.
Mobile food vendor.
Any business which sells edible goods from a nonstationary location within the City of San Juan. The term shall include, but not be limited to:
(1) 
Mobile food trucks. A mobile food truck is a self-contained food service operation, located in a readily movable motorized wheeled vehicle, used to store, prepare, display or serve food intended for individual portion service. See design requirement section for additional information. Mobile ice cream trucks are not designated as a mobile food vendor under this article and are not permitted to operate in the City of San Juan.
(2) 
Concession trailers. A vending unit which is pulled by a motorized unit and has no power to move on its own which is used to store, prepare, display or serve food intended for individual portion service. See design requirement section for additional information.
(3) 
Portable buildings. A nonpermanent building utilized to store, prepare, display or serve food intended for individual portion service. Food carts, hot dog carts, and any other type of push carts are not designated as a mobile food vendor under this article and are not permitted to operate in the City of San Juan.
Mobile.
The state of being in active, but not necessarily continuous, movement.
Nonrefrigerated.
Edible goods that are not required to be kept at a temperature below 41 degrees Fahrenheit according to the Federal Food and Drug Administration and the Texas Food Establishment Rules.
Sell.
The act of exchanging a good for a profit or in return for a donation.
Stationary location.
The position of the mobile food vendor when not in motion and addressing the public for the purpose of sales.
(Ordinance 2023-04 adopted 2/28/2023)
(a) 
Permit.
(1) 
Every mobile food court shall obtain a conditional use permit issued by the city to conduct business, and shall comply with the City of San Juan Code of Ordinances. Every permit, including an occupational and health permits, shall be displayed at all times in a conspicuous place where it can be read by the general public on any mobile food truck, concession trailer, or portable building located within a mobile food court.
(2) 
A permit issued under this section is not transferable. Any new mobile food court operator must apply as a new applicant to fully comply with the applicable zoning regulations, before conducting any business as a mobile food court.
(3) 
It shall be unlawful for any individual directly or through an agent or employee to sell goods in a mobile food court within the corporate limits of the city after the expiration of the permit issued by the city under this division.
(b) 
Permit form.
In addition to the requirements of the city's code, operator/applicant of a mobile food court, must submit the following information in order to be considered:
(1) 
Sales tax number with a copy of sales tax permit; legal name of business or entity.
(2) 
Signed (notarized) permission from the private property owner and a copy of any signed lease and/or rental agreement with said owner if the property is not owned by the mobile food court operator/applicant.
(3) 
Name, phone number, and driver's license number of the mobile food court operator/applicant, and its employees, and any mobile food vendor located operating within the mobile food court, and its employees. Should any mobile food court employee or mobile food vendors be added to the mobile food court, the owner/operator of the mobile food court shall be provided their information to the city within 72 working day hours.
(4) 
Proposed vending location and days/hours of operation; later hours after 10:00 p.m. will likely require on-site uniformed security to monitor the noise and traffic.
(5) 
Description of all products being sold; should items be added to the original inventory of products to be sold, these product descriptions shall be provided to the city within 72 working day hours.
(6) 
Description of any signage and must comply with the city's sign regulations; a mobile food court applicant/operator shall only be permitted to display one freestanding sign on the property. Such sign shall be related to the business and may display the name of the mobile food court and/or the mobile food vendors located within the mobile food court.
(7) 
Photo of mobile food truck, concession trailer, or portable building located within the mobile food court; mobile food court, and mobile food vendors located within the mobile food court, shall be inspected and cleared by the city building inspector, fire marshal, and/or the planning department. Should there be incidental replacement of mobile food vendors in the food court setting, the replacement mobile food vendor shall comply with this regulation, too.
(8) 
State or government issued photo identification of each applicant.
(c) 
Permit fee.
(1) 
The application for a a mobile food court conditional use permit shall be $300.00, or as the CUP fee may be amended from time to time. Once the conditional use permit for mobile food court is approved, then all mobile food vendors located and/or operating within the mobile food court shall obtain, comply and pay for all applicable permits and/or inspections under the city's code.
(2) 
Mobile food court permits shall be valid for one year from the date of the conditional use permit approval. It is noted that if the permit is not used within six (6) months after the date granted, the permit shall be automatically cancelled.
(3) 
Upon renewal, the owner/applicant shall pay the CUP renewal fee of $50.00, and update any changes in the permitting documentation. The applicant must submit the application and the renewal fee within 30 calendar days before expiration of the conditional use permit or risk must reapplying as a new applicant.
(d) 
Permit denial, suspension or revocation.
A permit may be denied, suspended or revoked through the process detailed in section 4.12.007, suspension of permit and section 4.12.008, revocation of permit (Ordinance 2019-04), of the city's code.
(Ordinance 2023-04 adopted 2/28/2023)
(a) 
Distance and location regulations.
(1) 
No mobile food court shall conduct business within any residential zoning district or existing residential use. A mobile food court shall only be permitted through a conditional use permit within general business district (C-2).
(2) 
A mobile food vendor may not be located within 100 feet of the primary entrance of an open and operating fixed-location food service establishment or restaurant. It is noted that during a city-sponsored or other community or civic event, this threshold may be adjusted by the city with utmost consideration to magnify traffic/pedestrian safety.
(3) 
A mobile food court may have a mobile food vendor located in the mobile food court within 30 feet from a major thoroughfare or minor arterial, but with compensating safety features and screening such as solid barriers, signage, etc., as approved through the conditional use permit process.
(b) 
Mobile food court regulations.
(1) 
No person shall distribute, deposit, place, throw, scatter or cast any commercial handbill in or upon any motor vehicle or upon any premises.
(2) 
Due to the nature of a mobile food court, it may permit a limited number of tables as reviewed/approved through the conditional use permit process.
(3) 
Each mobile food vendor located within a mobile food court 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 mobile food court. The mobile food court property, including the perimeter of the mobile food court and the areas surrounding each mobile food vendor, as well as adjoining properties of the mobile food court, must be cleaned daily.
(4) 
The use of mechanical loudspeakers or sound amplifiers for the purpose of advertising any show, sale or display of merchandise is prohibited. A mobile food court, nor any mobile food vendors located within the mobile food court, shall not be permitted to use any sound generating device attached as a means to generate attention to its' facility. Any violation to this sound/noise regulation may risk the applicable permit to be immediately temporarily suspended; this measure supersedes the typical 'suspension' process since its temporary in nature.
(5) 
A mobile food court, or any mobile food vendor located within the mobile food court, or the owner(s) of the subject property, shall not be permitted to have any flashing lights including strobe lights, blinking lights, etc.
(6) 
A mobile food court, including mobile food vendors located within the mobile food court, will be subject to inspection upon permit application, random inspections, and renewals through the inspections, fire and health departments, and/or the city's prevailing health authorities.
(7) 
A mobile food court applicant/operator shall provide [sic]
(8) 
Water shall be from an internal tank, and electricity shall be from a generator. A mobile food court may provide utility adjustments and connections, as metered and pre-approved by the building inspector, to result in a safe and economically feasible utility delivery.
(9) 
A mobile food court, and the mobile food vendors located within the mobile food court, shall have the hours fixed during the conditional use permit process, but may be subject to intermittent adjustment at any time as deemed necessary to provide a reasonable measure of peace and tranquility to the general neighborhood. Should late hours (after 10:00 p.m.) be proposed, then the city will likely require on-site uniformed security, from a bona fide professional security firm, to assure that any generated noise and traffic may be properly controlled.
(10) 
All food vending employees of the mobile food court and the mobile food vendors located within the mobile food court must have a current food handler's health permit issued by a bona fide health oversight authority. During the city's inspections, should an employees' food handler's health permit be expired, the option to cease operations will be imposed until said food handlers' permit is acquired and presented to the city.
(11) 
Although the conditional use permit review process will mandate the following, it is nevertheless herein stated that a mobile food court or any mobile food vendors located within a mobile food court, shall not conduct sales at a location other than what was approved by the city commission and shall not:
(A) 
Be located on any driveway or fire lanes.
(B) 
Be located in congested areas where the operation impedes vehicular or pedestrian traffic.
(C) 
Operate during any officially sponsored city event or activity, unless it has been authorized and approved by the city commission.
(12) 
In addition to the provisions applicable to mobile food courts, as cited in this chapter, and as may be specifically imposed through the conditional use permit (CUP) process, the following shall also be imposed to a mobile food court application:
(A) 
Generally, a mobile food court shall be 150' from a single-family residentially zoned or single-family residentially used properties; however, a mobile food court may be within this range but the city may increase the (solid) 6' buffering requirement or restrict the hours of operation, either at the outset, or during the CUPs' tenure, and/or mandate uniformed on-site security to maximize sensitivity to the nearby residents' need for a peaceful ambience. On-site security may be required for any late hours (after 10:00 p.m.) that the mobile food court operator/applicant may desire.
(B) 
The minimum property size for a mobile food court shall be no less than ten thousand square feet (10,000 square feet).
(C) 
In a mobile food court setting, mobile food vendors may be within the 30' building setback, but if so, the city shall impose reasonable safety measures. It is further stated that communal dining tables shall not be placed within thirty feet (30') from any property boundary that fronts a major thoroughfare or minor arterial.
(D) 
Mobile food vendors shall be a minimum of ten feet (10') from each other to avoid congestion, or the appearance of congestion.
(E) 
There shall be paved parking at mobile food courts' outset - there shall be no grace period to provide minimum paved parking. Furthermore, the vending units shall be on a paved surface, too. It is hereby required that there shall be a minimum of 2 parking spaces per mobile food unit or one parking space for each 4 seats for patron use, whichever is greater.
(F) 
As part of the parking plan, an engineered detention plan that complies with the property's pre-development storage capacity shall be provided for the city's review/examination.
(G) 
The parking plan shall also show compliance to the city's landscaping codes regarding perimeter shrubs (to simultaneously act as debris 'net'), trees, flower beds, etc.
(H) 
Any buffering that may be required shall not be less than six feet (6') in height. No signage/logo/emblem or similar feature, shall be placed, affixed, or painted on any buffer; but said buffer shall plainly remain as originally constructed, and shall be maintained at all times to serve its purpose.
(I) 
No mobile food vendor shall be placed in a manner that may cause a sight obstruction to general traffic/pedestrian patterns.
(J) 
The fire marshal may impose marked/painted fire lanes, or other safety guiding markings, as part of the conditional use permits' approval; such may be done at the outset, or at any time during the permits' tenure.
(K) 
A mobile food court shall have the owner(s) provide an on-site building for restroom facilities; with fixtures (stalls, urinals, etc.) for men and women to comply with the prevailing building code(s) plus reasonable discernment based on the number of food vending units and potential patrons; said sanitary facilities shall comply with the American Disabilities Act (ADA) and shall always be subject to random inspection(s) to assure that they are in a constant state of full functionality.
(L) 
Vending units in a mobile food court setting shall have electrical service provided by a permitted temporary electrical connection, or on-board generators. The use of on-board generators shall require sound absorbing devices used to contain or deflect noise from any external generator.
(M) 
Each mobile food vendor shall have at least 1 garbage receptacle, as provided by the city's solid waste provider, to be placed for pick-up at a juncture that is safe for general traffic patterns; and once there has been pick-up service, each vending unit's representative/employee shall promptly place the unit in a location that is not readily visible nor in plain view.
(N) 
There shall be no individual freestanding signage for each mobile food vendor. Only one freestanding sign shall be located on the mobile food court property. Such sign's advertisement shall be related to the business, may contain the mobile food court name and/or any mobile food vendor's name and shall comply with the city's sign regulations.
(O) 
Each mobile food vendor in a mobile food court setting must apply and secure their own business license/permit from the city; should there be circumstances that are continuously delinquent and the individual mobile food vendor remains noncompliant, the city reserve the right to cancel/nullify that specific business license; should the individual food vendor continue to violate city codes, the city may further terminate the mobile food court's conditional use permit, as outlined in the city's code.
(P) 
Should there be a declaration of an emergency related to a health issue, each mobile food vendor may be required to provide a work safe plan to include, but not be limited to, maximizing social distancing, washing hands, providing sanitizing measures, etc., as part of their business practices to keep operating. However, the city reserves the right to impose whatever measures are reasonable and necessary to protect its citizens' general health.
(Ordinance 2023-04 adopted 2/28/2023)
The applicant/operator of a mobile food court, including a mobile food vendor located within the mobile food court, shall comply with the following provisions:
(1) 
Floors of the food truck, concession trailer, portable building must be durable, nonabsorbent, and easily cleanable material, including, but not limited to, anodized aluminum, stainless steel, or tile. All junctures must be properly sealed. All service lines and pipes must be installed off the floor to allow for easy cleaning.
(2) 
Walls must be durable, easily cleanable, nonabsorbent and light in color. Minimum wall materials include, but are not limited to aluminum or fiberglass reinforced plastic (FRP). Walls at vent hood and grill areas must be covered with stainless steel or aluminum panels. Wall covering must be installed to cover the entire height of each wall. Stud and utility lines may not be unnecessarily exposed on the wall or prevent cleaning.
(3) 
Ceilings must be light in color, nonabsorbent, and easily cleanable. Joints and rafters may not be exposed.
(4) 
An extinguishing vent hood, as required by prevailing codes, shall be required, and must be approved by the fire marshal. Said hood shall require testing in the presence of the fire marshal or his/her designee.
(5) 
The potable water tank must be permanently installed and of sufficient capacity for food preparation, dishwashing and general cleaning.
(6) 
The retention tank must be permanently installed and of at least 15 percent larger capacity than the potable water supply tank. Potable water tanks must be located to prevent contamination from the wastewater retention tank or other sources of contamination.
(7) 
A three compartment sink with a minimum of 110 degree water shall be provided for washing, rinsing, and sanitizing of utensils and equipment during food preparation on the vehicle. Hand washing lavatories shall be located convenient to all food preparation and utensil washing areas. Each lavatory must be provided with hot and cold water and shall have a fully functional water heater. Soap and sanitary towels must be available at each hand sink at all times.
(8) 
Refrigeration and hot food holding units must be provided to maintain the required temperature of potentially hazardous foods, and shall comply with the prevailing requirements of the health department.
(9) 
Food and single service articles must be properly protected and stored at least six inches above the floor.
(10) 
Adequate lighting must be provided and properly shielded.
(11) 
Outer opening including pop-up vents and sunroof must be insect and rodent proof. Screens must be tightfitting and in good repair (duct tape is not acceptable). Each mobile vending unit shall be treated at regular and necessary intervals with environmentally sensitive but effective insecticides, inside and out, by properly licensed/certified companies. During inspections, a fumigation certificate or rodent treatment receipts shall be made available for inspection and copying by the inspector(s).
(12) 
The food truck, concession trailer, or portable building must be clean, inside and out, painted, and in good condition. Only one servicing window is permitted.
(Ordinance 2023-04 adopted 2/28/2023)
The planning department, the fire department, and health department shall enforce the sections of this division. If it is determined that a violation of this division, or related others, has occurred, the requirements shall be implemented.
(Ordinance 2023-04 adopted 2/28/2023)