HomeMy WebLinkAboutOrdinance - 2014-O0157 - Amending Chapter 8 - Mobile Food Vendors - 11/20/2014First Reading
6, 2014
(Item No. 7.2
ORDINANCE NO.2014-00157
Second Reading
November 20, 2014
Item No. 6.19
AN ORDINANCE AMENDING CHAPTER 8, "BUSINESSES AND AMUSEMENTS", BY
ADDING ARTICLE 8.19, "MOBILE FOOD VENDORS", TO THE CODE OF ORDINANCES
OF THE CITY OF LUBBOCK, TEXAS, TO ALLOW FOR AND 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 City Council of the City of Lubbock, Texas deems it in the best interest of
the health, safety, and welfare of the citizens of Lubbock to amend the Code of Ordinances to
allow for and regulate the operation of mobile food vendors and require an inspection and
permits prior to them conducting business; and
WHEREAS, this new Article 8.19 does not regulate ice cream trucks as Ice Cream Sales
Vehicles are currently regulated by Article 8.14 of the Code of Ordinances; NOW
THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. TIIAT the Code of Ordinances, City of Lubbock, Texas, is hereby
amended by adding an Article, to be numbered 8.19, which said Article reads as follows:
ISection 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.
I 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, and shall specifically exclude accessory or self -serve retail food
sales.
Mobile. The state of being in active, but not necessarily continuous, movement; capable of being
moved and not permanently fixed or placed.
Mobile Food Vendor. Any person that sells edible goods from a Mobile Unit within the City of
Lubbock, 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 of Lubbock.
JMobile Unit. Means and includes:
(1) A 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) A 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) A 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.
Section 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 Director of Planning and shall complete 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, said fee to be paid at the time the application is
submitted to the Director of Planning.
(b) A Mobile Food Vendor shall obtain: i) a Mobile Food Vending Permit issued by
the Planning and Zoning Department; and ii) a Food Service Permit from the
Environmental Health Department prior to conducting business in the City of
Lubbock. 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 Planning and Zoning Department.
(c) The Mobile Food Vending Permit issued by the Planning and Zoning Department
shall be valid for one (1) year from the date of permit issuance.
Section 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, II -IC, II -II, M-1, M-2, CBI, C132, C133, C134, CBS, and CB6.
Section 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 (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 i
operate in a specific location signed by the owner shall be kept within the Mobile
Unit at all times.
i
18.09.005 Hours of Operation
No Mobile Food Vendor shall operate between the hours of 3:00 am and 6:00 am. The Mobile
Unit shall be properly stored at its Commissary Location as required by Section 18.09.007 and f
shall not be left or stored at any alternate location.
I
18.09.006 Mobile Food Vendor Requirements
The following regulations shall apply to Mobile Food Vendors:
(a) A Mobile Food Vendor shall comply with all regulations established by the
Environmental Health Department and the Fire Marshal's Office and maintain
compliance with all requirements with regard to permitting.
(b) 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
waste water in compliance with the Code of Ordinances of the City of Lubbock.
(c) No noise which is loud or noxious shall project from the Mobile Unit.
(d) 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 of Lubbock, Texas,
when at a Stationary Location.
(e) A Mobile Unit shall not block any fire lane or drive aisle.
(f) No Mobile Unit may park on a lot without a primary structure, unless the Mobile
Unit is conducting business in the Central Business District. Any parking lot in
the Central Business District occupied by a Mobile Unit shall comply with the
Central Business District Design Guidelines.
(g) 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 18.09.005.
(h) 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 of Lubbock pursuant to Section 36.01.004 of the Code of
Ordinances.
(i) 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.
(j) 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.
(k) A Mobile Unit shall be inspected by the Lubbock 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:
(1) 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.
(2) 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) 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.
(3) 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.
(4) 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 58 and be
protected from physical damage. Mounting and placement of containers shall
comply with Natural Fire Protection Association 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.
(5) 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.
(6) The Fire Marshal's Office is herein authorized to conduct all inspections
as necessary to determine the extent of compliance at any time.
18.09.007 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 of Lubbock as to the recreational vehicle standards for
storage.
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, 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 1S SO ORDERED
Passed by the City Council on first reading on November 6, 2014
Passed by the City Council on second reading on November 20, 2014
N, MAYOR
ATTEST:
Rebe ca Garza, City Secretary
APPROVED AS TO CONTENT:
L
Victor Hernandez, City Councilman, District
4=iAe ll
Jeff G4fffith7 C y Councilman, District 3