(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
TEMPORARY FOOD ESTABLISHMENT. A food establishment that operates for a temporary period of time which has a fee specified on the city's master fee schedule, and not the annual fee specified in § 115.01, which is payable prior to operating the temporary food establishment. Fees are not prorated, are non-refundable and subject to change. All fees are established by City Council.
(B) A temporary food establishment must obtain a temporary permit prior to setting up. An application for a temporary food establishment must be submitted seven days prior to the designated time for the permitted use. Types of temporary food establishment permits are:
(1) Twenty-four-hour temporary mobile food establishment: 24 hour permit only. A food establishment that operates for a period of no more than 24 hours at one time and which has a day rate fee.
(2) Push cart/roadside vendor only: annual permit. Sno-cone trucks/vendors, ice cream trucks/vendors. If push carts or roadside vendors are parking/establishing business at a location for any amount of time, division (F) will apply.
(C) A permitted unit must be readily moveable as stated under the Texas food establishment rules as adopted and amended under Texas Health and Safety Code Chapter 437. A mobile food establishment means an operator of a vehicle mounted, self or otherwise propelled, self-contained food service operation designed to be readily moveable (including but not limited to catering trucks, trailers, push carts and roadside vendors) and used to store, prepare, display, serve or sell food that requires temperature control.
(D) No city utilities will be available.
(E) A temporary food establishment is only allowed to establish operations within a commercial, industrial or institutionally zoned area. The City Manager or his or her designee has the discretion to determine all permitted locations.
(F) Permission from the property owner of a specified location is required in a signed written statement which is to be presented at the time of the application with dates of usage specified. Any time the location is subject to change, a new permit must be issued with the new location's letter of property owner's written statement.
(G) Any application for a temporary food establishment must include a Brazoria County Environmental Health Department permit.
(Ord. 107-20, passed 12-15-20; Am. Ord. 23-109, passed 10-24-23)