(a)
Location.
(1)
Approved locations. No mobile food establishment may be located within public right-of-way or on public property except within an approved area that is specifically designated for mobile food establishments. Mobile food establishments may be located on private property within any commercial or industrial zoning district with permission from the property owner. All mobile food establishments shall be parked on a paved surface.
(2)
Proximity to permanent business. Mobile food establishments operating within a business corridor shall be located on a site within five hundred (500) feet of an existing permanent business that operates in a building with a certificate of occupancy.
(3)
Permission required. The owner of a mobile food establishment allowed to be temporarily stored, parked, or operated on private property shall, on an annual basis, provide the city with a copy of written permission from. the owner of the private property that allows the operation of the mobile food establishment and that allows the owners, operators, and staff of the mobile food establishment access to a commercially plumbed public restroom onsite. Mobile food establishments operating within five hundred (500) feet of a permanent business, as described in subsection (a)(2) above, may provide written permission from the business owner in lieu of the private property owner.
(4)
Hours of operation. Mobile food establishments may only operate during the business hours of the adjacent permanent business including when serving a shift warehouse or manufacturing facility. Mobile food establishments shall be removed from the site on a daily basis.
a.
It shall be an exception to this section if the mobile food establishment obtains written permission from the adjacent permanent business indicating the mobile food establishment is permitted to operate outside of the business hours of the adjacent permanent business. Such written notice must be presented to the city for the exception to apply.
(5)
Prohibited locations.
a.
Mobile food establishments shall not be located on a vacant lot.
b.
Mobile food establishments, their merchandise, advertising, or seating, shall not obscure traffic sight visibility.
c.
Mobile food establishments shall not be located within any required setback or landscape areas on the site.
d.
Mobile food establishments shall not sell or serve food on any public street, sidewalk, or other public right-of-way unless approved in writing by the city.
e.
Mobile food establishments shall not operate in required parking spaces, driveways, or in fire lanes. The location of a mobile food establishment on a site shall not reduce the number of required parking spaces for the principal use below the minimum required number.
f.
A mobile food establishment may not be located on a site if doing so would cause the use of the lot to become noncompliant with any city ordinances.
(b)
Registration required.
(1)
Registration required. No mobile food establishment shall operate before first registering their mobile food establishment with the City.
(2)
Mobile food establishment registration.
a.
Any person desiring to operate a mobile food establishment must make written application for a mobile food establishment registration on forms provided by the city. The owner of a mobile food establishment shall submit to the city a copy of their Tarrant County Mobile Food Unit Permit, copies of Tarrant County Food Handler Cards for each employee and operator of the mobile food establishment, and a copy of the written permission of the private property or business owner on which the mobile food establishment is operating. Semi-annual inspections by the fire marshal shall be conducted on each mobile food establishment apparatus.
b.
A mobile food establishment registration must be renewed annually and is valid for one (1) mobile food establishment at all approved locations during the year of registration. Documentation of permission from the private property or business owner must be submitted to the city upon any change in location of the mobile food establishment.
c.
Upon finding of any violation of this division, any other provision of the city code, or any other applicable law or regulation, the chief building official and/or their designee shall have the right to revoke a mobile food establishment registration or to deny a renewal. The chief building official and/or their designee may also apply a double renewal fee as penalty in lieu of revocation. Upon expiration or revocation of the registration, the use shall immediately cease and the mobile food establishment shall be removed from the site.
(3)
Other permits required.
a.
The operator of a mobile food establishment shall have a valid vehicle registration, motor vehicle operator's license, proof of vehicle liability insurance, and a state sales tax permit.
b.
The owner and/or operator of a mobile food establishment shall be responsible for identifying and obtaining all other applicable permits and shall be responsible for conforming to all applicable city, county, state, and federal regulations.
(c)
Operation.
(1)
Drive-through prohibited. Mobile food establishments shall not provide a drive-through service of any kind.
(2)
Trash, garbage, and debris. All mobile food establishments shall be equipped with a self-closing, lidded trash receptacle. All trash receptacles must be placed outside next to the mobile food establishment for use by patrons. The area around the mobile food establishment shall be kept clean and free from litter, garbage, and debris.
(3)
Utility services. Temporary connections to potable water are prohibited. Water shall be from an internal tank, and gray water shall be contained on the unit and may not be discharged onto the ground or into the city sewer system. Electricity shall be from a generator or an electrical outlet via a portable cord that is in conformance with the electrical code as adopted by the city.
(4)
Seating. Except as otherwise limited by any ordinances of the city, a mobile food establishment may provide outside tables and seating for its customers which shall not interfere with subsection (a)(5), prohibited locations.
(5)
Music. Except as otherwise limited by any ordinances of the city, a mobile food establishment may provide music at a level that is audible only in its immediate vicinity.
(6)
Hold harmless. The owner of a mobile food establishment that is to be located on city property must first enter into a hold-harmless agreement with the city.
(7)
Insurance required. The owner of a mobile food establishment must maintain a minimum amount of $1,000,000.00 liability insurance that covers the mobile food unit, and must sign a notarized statement acknowledging and accepting this requirement. Proof of such insurance coverage can be demanded to be provided to the city upon three (3) business days' notice to the owner.
(d)
Approval by city council. Any proposed use of a site by a mobile food establishment that is not in compliance with the regulations in this section shall only be permitted after approval by the city council. The city council may authorize the issuance of a mobile food establishment registration on a case-bycase basis if it determines that the proposed location and operation will not adversely impact adjacent properties and will be in accordance with the spirit and intent of this section.
(Ordinance 2410, 11/26/2024)