EDIBLE GOODS: | Shall include, but are not limited to: A. Prepackaged food including, but not limited to, candy, beverages, and ice cream. B. Prepared food including, but not limited to, hot dogs, desserts, and pizza. C. 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 Hidalgo County Health Department, including commercial kitchens and commissaries, and shall specifically exclude accessory or self-serve retail food sales. |
MOBILE: | The state of being in active, but not necessarily continuous, movement. |
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 non-stationary location within the City of Alamo. The term shall include, but not be limited to: |
A. Mobile Food Trucks: 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 chapter and are not permitted to operate in the City of Alamo. B. 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. C. Portable Buildings: A non-permanent 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 chapter and are not permitted to operate in the City of Alamo. | |
NON-REFRIGERATED: | Edible goods that are not required to be kept at a temperature below forty one degrees Fahrenheit (41°F) 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. (Ord. 09-03-17, 3-7-2017; amd. Ord. 14-03-21, 2-16-2021) |
A. Permit: Every mobile food vendor and mobile food court shall obtain a conditional use permit issued by the City to conduct business and shall comply with title 10, chapter 13 of this Code. Every permit, including a business license and a Hidalgo County Health Permit, 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, concession trailer, or portable building.
B. Transferability: A permit issued under this section is not transferable. Any new mobile food vending operator must apply as a new applicant to fully comply with the applicable terms of title 3, chapter 17; and the applicable zoning regulations of title 10's chapters 8, 9, and 13, before conducting any business.
C. Permit Expiration: 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.
D. Permit Form: In addition to the requirements of title 10, chapter 13 of this Code, each mobile vending units’ operator/applicant, even in the mobile food court permit, must each 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.
3. Name, phone number, and driver's license number of the operator/applicant, and all employees operating within the mobile vending unit.
4. Proposed vending location and days/hours of operation; later hours after ten o’clock (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 seventy-two (72) working day hours.
6. Description of attached signage (all signs must be related to business and attached to food unit); on a mobile food court permit, there shall be only one (1) tenant sign permit issued for all operating mobile food vendors.
7. Photo of mobile food truck, concession trailer, or portable building; in a mobile food court permit, all mobile food trucks shall be vetted for possible allowance as follows: first preference: the food trailer will not be older than one (1) year; second preference: the food trailer will not be older than five (5) years, as inspected and cleared by the Building Inspector, the Fire Marshal, and the CP and D Director; the higher measure of inspection by these three city officials will be fifty dollars ($50.00) (non-refundable); and the thirrd alternative of possible allowance: any food trailer older than five (5) years may be considered for placement BUT MUST secure the approval from the CP and D Director, the Building Inspector, the Fire Marshal, AND the City Manager; where terms of examined approval may include annual inspections for structural and aesthetic features. The extra services of scrutinized inspections of these four officials shall be a total of seventy-five dollars ($75.00) (non-refundable fee), said evaluation may likely require on-site inspections. Furthermore, should any allowed unit ever be in need of replacement, the City of Alamo shall provide a minimum of sixty (60) calendar days for such replacement with pre-approval of the incoming unit. There is no appellate process from the provisions specified herein.
8. State or government issued photo identification of each applicant.
E. Permit Fee:
1. The application for a single mobile food vendor or a mobile food court conditional use permit shall be two hundred fifty dollars ($250.00), or as the CUP fee may be amended from time to time. Once the conditional use permit is approved, then the permit fee for each individual mobile food vendor shall be one hundred fifty dollars ($150.00) each.
2. Mobile food vendor permits shall be valid for one (1) 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 two hundred fifty dollars ($250.00), and update any changes in the permitting documentation. The applicant must submit the application and the renewal fee within thirty (30) calendar days before expiration of the conditional use permit or risk reapplying as a new applicant.
F. Permit Denial, Suspension Or Revocation: A permit may be denied, suspended or revoked through the process detailed in title 10, chapter 13, sec. 10-13-6 of this Code where:
1. The required information is incomplete or incorrect or shows that a person is not otherwise entitled to conduct business as a mobile food vendor. It is declared that revocation or suspension of an employers’ mobile food vendor permit under this chapter terminates all subordinate employee permits, too.
2. The opportunity to reissue a permit has been denied due to previous violations as described in this section or other applicable sections.
3. The proposed business location has current violations of this Code.
4. A permit may be denied where:
a. An applicant is found to have an unpaid civil judgement(s) against him/her which relates to the duties and responsibilities of the permitted food vending 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; or
b. An applicant has been convicted of a crime which directly, or indirectly, relates to the duties and responsibilities of the licensed food vending 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 extent that the permit would allow someone an opportunity to engage in further criminal activity, e.g., fraud, appears in an official sex offender list, etc.
5. For non-conformity to the application location specifications and/or requirements as well as to non-conformity to an approved location, plan and/or diagram.
6. For not complying with the requirements of this section, the imposed measures of the awarded conditional use permit, and/or any other ordinances, or laws.
Appeal of permit revocation, suspension, or denial shall comply with title 10, chapter 13, section 10-13-6 of this Code. (Ord. 09-03-17, 3-7-2017; amd. Ord. 14-03-21, 2-16-2021; Ord. 49-09-21, 9-21-2021)
Loading...