HomeMy WebLinkAboutOrdinance - 2018-O0083 - Mobile Food Vendors In Parks - 07/26/2018First Reading
July 12, 2018
Item No. 6.13
ORDINANCE NO. 2018-00083
Second Reading
July 26, 2018
Item No. 6.13
AN ORDINANCE AMENDING CHAPTER 8, "BUSINESSES AND
AMUSEMENTS," OF THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK, TEXAS BY AMENDING SECTION 8.19.003 REGARDING MOBILE
FOOD VENDORS PERMITTED LOCATIONS; PROVIDING A PENALTY
CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
PUBLICATION.
WHEREAS, Section 8.19.003 of the City of Lubbock Code of Ordinances designates the
Permitted Locations for Mobile Food Vendors to conduct business; and
WHEREAS, Section 8.19.003 of the Code does not allow Mobile Food Vendors to
conduct business in city parks; and
WHEREAS, many community events, gatherings and functions take place at city parks
and allowing Mobile Food Vendors to conduct business at city parks would enhance these
events and increase the commercial engagement and interaction between Mobile Food
Vendors and citizens of the City of Lubbock; and
WHEREAS, the City Council of the City of Lubbock, 'Texas finds and determines that it
is in the best interest ofthe health, safety, and welfare of the citizens of the City of Lubbock
to amend Chapter 8 of the Code of Ordinances of the City regarding Permitted Locations
for Mobile Food Vendors; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 8.19.003 of the Code of Ordinances, City of Lubbock, Texas
is hereby amended to read as follows:
Subject to the provisions of this article, mobile food vendors shall be permitted to
conduct business in the following zoning districts: C-3, C-4, IHC, I1-11, M-1, M-2,
CBI, C132, C133, C134, C135, and C136. Additionally, mobile food vendors shall be
permitted to conduct business in the following locations; AM zoning district
generally located within the boundaries of 19th Street to the north, Indiana Avenue
to the east, 24th Street to the south, and Quaker Avenue to the west, more
particularly described in the City's Comprehensive Land Use Plan as the "AM
Policy District." Mobile food vendors shall be permitted to conduct business in city
parks upon completion and receipt of a Parks and Recreation Mobile Food Vendor
Agreement, but only in the places and times set apart and designated by the director
of parks and recreation. (Ordinance 2014-00157, sec. 1, adopted 11/20/2014;
Ordinance 2015-00100, sec. 1, adopted 9/24/2015)
SECTION 2. THAT, violation of any provision of this Ordinance shall be deemed a
misdemeanor punishable as provided by Section 1.01.004 of the Code of Ordinances of the
City of Lubbock, Texas.
SECTION 3. THAT should any paragraph, section, sentence, phrase, clause or word of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this
Ordinance shall not be affected thereby.
SECTION 4. THAT the City Secretary of the City of Lubbock is hereby authorized and
directed to cause publication of the descriptive caption of this Ordinance as an alternative
method provided by law.
SECTION 5. THAT this Ordinance shall become effective, except as may otherwise be
provided herein, from and after its publication as provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 12th day of July , 2018.
Passed by the City Council on second reading this 26th day of July . 2018
DANIEL M. POPE, MAYOR
ATTEST:
Re ec iarza, City Secretary
APPROVED AS TO CONTENT:
Recreation
APPROVED AS TO FORM:
R n rooke, Assistant City Attorney
Ord.Soctiun 8,19,003 MFV Permitted Locations
5.11.18
fr,/s* ityot
Lubbock
n1•t
Parks and Recreation
Administrative Policies and Procedures
Subject: Mobile Food Vendors in Parks Effective Date: 07/12/18
Approved by:
City Manager
AssistManager
IA
Parks and Recreation Director
Applies to: Allowing Mobile Food Units in Parks by use of permit
Policy: Mobile food vendors shall be permitted to conduct business in city parks
only upon completion and receipt of a Parks and Recreation Mobile Food
Vendor (MFV) Agreement, but only in the places and times set apart and
designated by the Director of Parks and Recreation. (A special event
requires the purchase of a park use fee and a vendor permit.)
Authority: htttv://citvsec.ci.lubbock.tx.us/citvCode.asox
Code of Ordinances Chapter 8 Businesses and amusements
• Section 8.19.002 Inspections, Permits and Fees
• Section 8.19.003 Permitted locations
• Section 8.19.004 Distance Regulations
• Section 8.19.005 Hours of Operation
• Section 8.19.006 Mobile Food Vendor Requirements
Code of Ordinances Chapter 14 Offenses and Additional Provisions
• Section 14.04.004 Noise permit
Code of Ordinances Chapter 16 Parks and other public places
• Section 16.01.001 Power and duties of director of parks
• Section 16.01.004 Unlawful activities within parks
• Section 16.01.005 Alcoholic beverages, littering
• Section 16.01,008 Unlawful activities within park playgrounds
• Section 16.03 Permit to sell goods in parks
Roles and
Responsibilities: Parks Director or designee:
1. Review and approve Park MFV Agreements.
2. Ensure that lessee has reviewed the rules and regulations, as listed on
the MFV agreement.
Vendor:
1. Agrees to follow all the rules and regulations listed on the Park Mobile
Food Vendor Agreement.
2. Must complete application and have approved agreement before
operating in a park.
3. Agrees to not sub -lease or assign approved agreement to another
individual, group, or organization.
4. Understands that this agreement does not waive vendor fees charged for
being part of a special event.
Checks and A list of Mobile Food Vendors using parks will be updated and shared
Balances: with City Enforcement Agencies regularly to ensure that only permitted
vendors are operating in parks.
Forms and
Required MFV must have all required permits including:
Documents:
• Park Mobile Food Vendor Agreement
• MFV permit from Environmental Health Department
• Zoning Permit
• Insurance