§ 25-2-812. MOBILE FOOD ESTABLISHMENTS.

(A)

In this section:

(1)

PERMIT HOLDER means the person to whom the health authority issues a permit for a mobile food establishment permit required by Chapter 10-3 ( Food and Food Handlers ) of the City Code.

(2)

MOBILE FOOD ESTABLISHMENT has the meaning established in Title 25, Part 1, Section 229.162 ( Definitions ) of the Texas Administrative Code and Section 10-3-1 ( Definitions ) of the City Code.

(3)

SOUND EQUIPMENT has the meaning established in Section 9-2-1 ( Definitions ) of the City Code.

(B)

A mobile food establishment is not permitted on private property except as provided in this section.

(C)

A mobile food establishment:

(1)

must be licensed by the health authority;

(2)

is permitted in all commercial and industrial zoning districts, except in a neighborhood office (NO), limited office (LO), or general office (GO) zoning district;

(3)

may not be located within 50 feet of a lot with a building that contains both a residential and commercial use;

(4)

may not operate between the hours of 3:00 a.m. and 6:00 a.m.; and

(5)

may not be located within 20 feet of a restaurant (general) or restaurant (limited) use.

(D)

The noise level of mechanical equipment or outside sound equipment used in association with a mobile food establishment may not exceed 70 decibels when measured at the property line that is across the street from or abutting a residential use.

(E)

A drive-in service is not permitted.

(F)

Exterior lighting must be hooded or shielded so that the light source is not directly visible to a residential use.

(G)

A mobile food establishment is limited to signs attached to the exterior of the mobile food establishment. The signs:

(1)

must be secured and mounted flat against the mobile food establishment; and

(2)

may not project more than six inches from the exterior of the mobile food establishment.

(H)

During business hours, the permit holder shall provide a trash receptacle for use by customers.

(I)

The permit holder shall keep the area around the mobile food establishment clear of litter and debris at all times.

(J)

A permanent water or wastewater connection is prohibited.

(K)

Electrical service may be provided only by:

(1)

temporary service or other connection provided by an electric utility; or

(2)

an onboard generator.

(L)

A request that the city council require a mobile food establishment in a neighborhood association area to comply with the additional distance requirements set forth in Subsection (N) may be made in accordance with this subsection.

(1)

The following persons may submit an application to the director requesting that the city council require mobile food establishments in a neighborhood association area to comply with Subsection (N):

(a)

for an area with an adopted neighborhood plan:

(i)

the chair of the official planning area contact team; or

(ii)

an officer of a neighborhood association if there is no official planning area contact team; or

(b)

for an area without an adopted neighborhood plan, an officer of a neighborhood association.

(2)

The director shall accept an application made under this subsection during February of each year. The council shall consider the applications annually.

(3)

Notice in English and Spanish of a public hearing on the application by the council is required. The City is responsible for the cost of the notice. The director shall give notice not later than the 16th day before the date of the public hearing by:

(a)

publishing notice in a newspaper of general circulation; and

(b)

mailing notice to:

(i)

each mobile food establishment licensed by the health authority; and

(ii)

each registered neighborhood association.

(4)

The director shall maintain a map that depicts the areas to which Subsection (O) applies.

(5)

A neighborhood association must be registered with the Public Information Office of the City.

(M)

The requirements of Subsection (N) may be added to an ordinance zoning or rezoning property as a neighborhood plan combining district in accordance with Section 25-2-1406 ( Ordinance Requirements ).

(N)

The subsection establishes additional distance requirements that may be applied under Subsections (L) or (M).

(1)

A mobile food establishment may not be less than 50 feet from property:

(a)

in a SF-5 or more restrictive district; or

(b)

on which a residential use permitted in a SF-5 or more restrictive district is located.

(2)

A mobile food establishment may operate between 6:00 a.m. and 10:00 p.m. if the mobile food establishment is more than 50 feet and not more than 300 feet from a property:

(a)

in a SF-5 or more restrictive district; or

(b)

on which a residential use permitted in a SF-5 or more restrictive district is located.

(3)

A mobile food establishment may operate between 6:00 a.m. and 3:00 a.m. if the mobile food establishment is more than 300 feet from a property:

(a)

in a SF-5 or more restrictive district; or

(b)

on which a residential use permitted in a SF-5 or more restrictive district is located.

(O)

A mobile food establishment must comply with Subsection (N) not later than the 60th day after the effective date of an ordinance adopted under Subsection (L) or (M).

(P)

This subsection applies to a mobile food establishment that is located on the same site as a restaurant (limited) or restaurant (general) use and serves food provided by the restaurant (limited) or restaurant (general) use. The mobile food establishment:

(1)

may only operate between the hours of 6:00 a.m. and 10:00 p.m. if the mobile food establishment is located 300 feet or less from property in a SF-5 or more restrictive district or on which a residential use permitted in a SF-5 or more restrictive district is located; and

(2)

must comply only with Subsections (D), (F), (G), (H), and (I).

(Q)

This ordinance does not apply to a mobile food establishment that is located on private property for three hours or less between the hours of 6:00 a.m. and 10:00 p.m.

(R)

A site plan, site plan exemption, or temporary use permit is not required for the operation of a mobile food establishment.

(S)

The permit holder shall comply with the section. A violation of this section is a Class C misdemeanor.

Source: Ord. 20060928-020; Ord. 20080131-134; Ord. 20110623-135; Ord. 20110804-008.