HomeMy WebLinkAboutOrdinance - 2020-O0102 - Amending Article 8.19 of the Code of Ordinances, Mobile Food VendorsFirst Reading
July 28, 2020
Item No. 8.9
ORDINANCE NO. 2020-00102
Second Reading
August 11, 2020
Item No. 8.11
AN ORDINANCE AMENDING ARTICLE 8.19 "MOBILE FOOD VENDORS" OF THE
CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS; TO ALLOW FOR AND
TO REGULATE MOBILE FOOD VENDORS; REQUIRING AN INSPECTION AND
PERMITS; ESTABLISHING A FEE, DISTANCE REQUIREMENTS, AND HOURS OF
OPERATION; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
WHEREAS, the Environmental Health Department is the customer's first contact whenever a
Mobile Food Vendor is seeking permission to operate within the City limits of Lubbock; and
WHEREAS, the Environmental Health Department has primary responsibility for the application
review and facilities inspection of mobile food vendors, including the issuance of food service
permits; and
WHEREAS, The City Council of the City of Lubbock Texas finds and determines that it is in the
best interests of the public health, safety and welfare of the citizens of the City of Lubbock to
amend Article 8.19 of the Lubbock Code of Ordinances to provide for improved efficiency and
customer service, NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Article 8.19 of the Code of Ordinances of the City of Lubbock, Texas
is hereby amended to read as follows:
ARTICLE 8.19 MOBILE FOOD VENDORS
See.8.19.001 Definitions
Commissary location. An established location where food service providers can prepare
and store their food, as well as a location to store a mobile unit while not in use.
Edible goods. All food products designed for human consumption.
Food service establishment. Any business that sells edible goods from a fixed location
and has been inspected and approved by the Environmental Health Department,
including commercial kitchens and commissaries.
Mobile. The state of being in active, but not necessarily continuous, movement; capable
of being moved and not permanently fixed or placed.
Mobilel.bod vendor. Any person that sells edible goods from a mobile unit within the
city, except a person who has been issued a permit to operate an ice cream sales vehicle
who is regulated pursuant to article 8.14 of the Code of Ordinances of the city.
Mobile unit. Means and includes:
(1) Mobile food truck: A self-contained motorized unit from which a mobile
food vendor offers for sale or sells edible goods to the public;
(2) Concession cart: A mobile vending unit that must be moved by non -
motorized means from which a mobile food vendor offers for sale or sells edible
goods to the public; or
(3) Concession trailer: a vending unit that is pulled by a motorized unit and has
no power to move on its own from which a mobile food vendor offers for sale or
sells edible goods to the public.
Stationary location. Position of the mobile unit when not in motion and addressing the
public for the purpose of sales.
Sec. 8.19.002 Inspections, permits and fee
(a) A mobile food vendor shall complete and submit an application for a mobile food -
vending permit to the Environmental Health Department Manager, which shall be
reviewed and approved by the Director of Planning. Said vendor shall further complete
and pass all required inspections through the Fire Marshal's office and the Environmental
Health Department. The fee for submitting an application for a mobile food -vending
permit shall be $250.00, or as may hereafter be set forth in the annual budget, said fee to
be paid at the time the application is submitted to the Environmental Health Manager.
(b) A mobile food vendor shall obtain both a mobile food -vending permit and a food
service permit from the Environmental Health Department prior to conducting business
in the city. All required inspections from the Fire Marshal's office must be successfully
completed prior to consideration and approval of a mobile food -vending permit by the
Environmental Health Department.
(c) The mobile food -vending permit issued by the Environmental Health Department
shall be valid for one (1) year from the date of permit issuance.
(d) Exception: Mobile food vendors using concession carts solely for the sale of ice cream
shall be exempt from this Article.
Sec. 8.19.003 Permitted locations
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, IHI, M-1, M-2, CBI,
CB2, CB3, CB4, CBS, and CB6, or any equivalent district(s) should zoning
designations be altered, as determined by the Director of Planning. 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,
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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.
Sec. 8.19.004 Distance regulations
(a) A mobile food vendor shall not conduct business within any residential or apartment
zoning district. A mobile food vendor shall not conduct business within two hundred
(200) feet of the boundary line of any residential or apartment zoning district.
(b) A mobile food vendor shall not conduct business within two hundred (200) feet of
the primary entrance of an open and operating food service establishment. This buffer
may be reduced upon receiving written, notarized permission from the owner of said
establishment.
(c) If a new food service establishment opens within the two hundred (200) foot buffer
of a mobile food vendor as set forth in subsection (b) above, the mobile food vendor must
receive written, notarized permission from the new establishment's owner to continue
operating at that location.
(d) A mobile food vendor shall not locate closer than nine (9) feet to any front property
line (adjacent to any street) or any rear property line (adjacent to any alley). The mobile
food vendor shall not locate a mobile unit in such a manner or location that obstructs or
causes to be obstructed the passage of any sidewalk, street or alley or any other public
place, by causing people to congregate at or near the mobile unit.
(e) A mobile food vendor shall not locate on any private property without written
permission to do so and must comply and leave the property if asked to leave by the
property owner. A copy of the owner's written and notarized permission to operate in a
specific location signed by the owner shall be kept within the mobile unit at all times.
See. 8.19.005 Hours of operation
No mobile food vendor shall operate between the hours of 3:00 a.m. and 6:00 a.m. The
mobile unit shall be properly stored at its commissary location as required by section
8.19.007 and shall not be left or stored at any alternate location.
Sec. 8.19.006 Mobile food vendor requirements
The following regulations shall apply to mobile food vendors:
(1) A mobile food vendor shall comply with all regulations established and
enforced by the Environmental Health Department and the Fire Marshal's office
and maintain compliance with all requirements with regard to permitting.
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(2) Each mobile unit shall be equipped with a portable trash receptacle and the
mobile food vendor shall be responsible for proper disposal of solid waste and
wastewater in compliance with the Code of Ordinances of the city.
(3) Noises emanating from a mobile unit shall not violate Section 14.04 of this
Code of Ordinances or state law. Noxious fumes or odors shall not emanate from
a mobile unit, unless effectively abated in an approved manner.
(4) A mobile unit shall be parked on a properly paved surface as set forth in
section 40.01.003(108)(A) of the Code of Ordinances of the city when at a
stationary location.
(5) A mobile unit shall not block any fire lane or drive aisle.
(6) No mobile unit may park on a lot without a primary structure, unless the
mobile unit is conducting business in the central business district.
(7) Except as otherwise approved, a mobile food vendor shall register a
commissary location with the Environmental Health Department at which the
mobile unit shall be stored when a mobile food vendor is prohibited from
conducting business as set forth in section 8.19.005.
(8) No mobile food vendor shall conduct business in the public right-of-way
and shall not block access to any parcel or alley, unless a proper street use license
is approved by the city pursuant to section 36.01.004 of the Code of Ordinances.
(9) No mobile unit shall locate in such a manner as to cause any obstruction
within a visibility triangle as set forth in section 40.03.2196 of the Code of
Ordinances.
(10) It shall be unlawful for any person to operate as a mobile food vendor
without complying with the Texas Food Establishment Rules as amended from
time to time.
(11) A mobile unit shall be inspected by the Fire Marshal's office prior to the
issuance of a mobile food -vending permit. The inspection shall take place at the
Fire Marshal's office and shall include the following:
(A) A valid driver's license and current Texas Department of Public
Safety license plates and state inspection sticker, except for a concession
cart which is not required to have license plates or an inspection sticker.
The mobile unit must be in good working order.
(B) A mobile unit must have a 2A:IOB:C sized extinguisher with an
annual inspection tag from a Texas licensed inspection company or a
receipt indicating purchase within the past year. If frying media (grease)
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is used, a class K extinguisher shall be required in the mobile unit. Any
mobile unit equipped with an automatic extinguishing system shall have a
current (bi-annual) inspection tag from a Texas licensed inspection
company. All mobile units shall maintain ten (10) feet of clearance for
access. Mobile units equipped with an automatic extinguishing system
shall maintain ten (10) feet of clearance from combustible structures.
Mobile units not equipped with an automatic extinguishing system that
produce grease laden vapors shall maintain a fifty (50) foot distance from
combustible structures or parked, unattended vehicles.
(C) All cooking appliances in the mobile unit shall be of an approved
type, listed and labeled, for the use intended. Appliances shall be installed
in accordance with the manufacturer's instructions. Coleman camp stoves
or the equivalent shall be prohibited. All cooking appliances shall have an
approved, labeled and listed on -off valve.
(D) All propane and natural gas appliances shall be pressure tested
annually and have only approved listed parts and no rubber hoses shall be
allowed. All piping shall be in accordance with Natural Fire Protection
Association (NFPA) 58 and be protected from physical damage. Mounting
and placement of containers shall comply with NFPA 58 and Texas
Department of Transportation regulations. The capacity limit of propane
and natural gas containers or cylinders shall be determined by the Fire
Marshal's office after consideration of features that secure and protect the
container.
(E) Cooking surfaces in the mobile unit shall be kept clean of grease
build-up. Trash containers and debris shall be emptied regularly.
Extension cords shall not be utilized for appliances. Appliances shall be
plugged directly into electrical outlets.
(F) The Fire Marshal's office is herein authorized to conduct all
inspections as necessary to determine the extent of compliance at any time.
Sec. 8.19.007 Commissary location
(a) Any mobile unit stored on a commercial lot shall be entirely enclosed within a
building, or hidden from view behind the primary structure.
(b) Any mobile unit stored in a residential area shall comply with the Code of
Ordinances of the city as to the recreational vehicle standards for storage.
SECTION 2. THAT violation of any provision of this Ordinance shall be deemed a
sdemeanor punishable as provided by Section 1.01.004 of the Code of Ordinances of the City
Lubbock, Texas.
SECTION 3. THAT should any paragraph, section, clause, phrase or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of the Ordinance
shall not be affected thereby.
SECTION 4. THAT the City Secretary of the City of Lubbock, Texas, is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance as an
alternative means of publication provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 28thday of _ July , 2020.
Passed by the City Council on second reading this 1 Ith day of August , 2020.
ATTEST:
. Qlhne=� A,-�
Rebe a Garza, City Secr
OVED AS TO CONTENT:
Stevan Walker, Environmental Health Manager
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DANIEL M. POPE, MAYOR