Mobile food establishments are subject to the following requirements and restrictions unless specifically addressed otherwise:
(A) It shall be unlawful for an afoot food vendor to sell any potentially hazardous food within the city. It shall be unlawful for an afoot food vendor to sell from a stand or other temporary structure located upon any public street, sidewalk, right-of-way, or other adjacent public or private area without a permit as required under this chapter.
(B) It shall be unlawful for the operator of a mobile food establishment to remove the food from the mobile establishment to vend from a stand or other temporary structure located upon any public street, sidewalk, right-of-way, or other adjacent public or private area without a permit as required by this chapter; except that mobile food establishments may sell produce from no more than three tables that are six feet long and stand at least 18 inches above the ground, and that are located adjacent to the permitted mobile food establishment.
(C) It shall be unlawful to operate a mobile food establishment on city streets or in city parks.
(D) Mobile food establishments may be stopped on private property, properly zoned and with the written notarized permission of the property owner if the mobile food establishment has access to approved flush type toilet facilities, connected to an approved type sewage system on the private commercial property. Mobile food establishments must be parked on a paved surface and in clean surroundings.
(E) Food vendors shall comply with this code as well as with state and federal law and nothing in this chapter shall exempt a food vendor from zoning ordinances.
(F) Mobile food establishments operating within the Historic District shall comply with the appropriate provisions of Chapter 151 of this city code.
(G) The hours of operation of any mobile food establishment operating in a residential area shall be from 7:00 a.m. Central Standard Time until 9:00 p.m. in June, July and August and until 8:00 p.m. the remainder of the year.
(H) The total noise level of any mobile food establishment shall comply with Chapter 91 of the city code. The mobile food establishment shall turn off all music and recorded messages while stationary, except when stopped at a controlled intersection.
(I) Mobile food establishments that are operating in a residential area shall comply with V.T.C.A., Tex. Transportation Code § 547.703. When stationary, the mobile food establishment must turn on its hazard lamps as defined in V.T.C.A., Tex.Transportation Code § 547.331, except when stopped at a controlled intersection.
(J) No food vendor or food handler shall be a sex offender registered with the State Department of Public Safety or shall have been convicted of any sexual offense or any offense against a child as defined by applicable law.
(K) Prior to vending, each food vendor and food handler who will be vending frozen or refrigerated confections, including but not limited to ice cream cones, frozen ice cream novelties, raspas or paletas directly to consumers, on a public street, sidewalk, or right-of-way, or who will travel with a mobile food establishment on a public street, sidewalk or right-of-way to or from a location where the food vendor or food handler vends, shall be required to obtain a written statement issued by the Police Department certifying that the food vendor or food handler is not a sex offender registered with the State Department of Public Safety and that the records reviewed by the Police Department indicate that the food vendor or food handler has not been convicted of any sexual offense or any offense against a child as defined by applicable law.
(L) Each food vendor and food handler who is required under division (K) to obtain a written statement from the Police Department must renew this written statement every two years from the date of issuance by the Police Department of such written statement.
(M) The fee for each written statement from the Police Department for persons age 17 and older as required in divisions (K) and (L) shall be the sum of the fees required to obtain the local, state, and national criminal histories for the applicant. There shall be no fee for the written statement for persons under the age of 17.
(N) Each food vendor and food handler who is required to obtain a written statement from the Police Department shall carry the current written statement from the Police Department, as required under division (K), on their person at all times while vending.
(O) It shall be unlawful for a person who has obtained a mobile food establishment permit, to hire or allow a food vendor or food handler to vend on a public street, sidewalk, or right-of-way, or to travel with a mobile food establishment on a public street, sidewalk or right-of-way to or from a location where the food vendor or food handler will vend, who has not first obtained a current written statement issued by the city police department as required by divisions (K) and (L).
(Ord. 2016-1004, passed 10-4-2016)