§ 4.202. Mobile Food Units
Mobile food units are subject to the following regulations:
(1)
Location.
a.
All mobile food units must be located on a parcel which is appropriately zoned for industrial or commercial development and which shall be not less than fifty (50) feet from the boundary of a property zoned as residential.
b.
Mobile food units may be located on an individual private parcel which has a gravel and/or hard surface area on which the mobile food vendor may set up and which is approved by the code enforcement office.
c.
Mobile food units shall provide the city with a copy of written permission from the property owner on an annual basis to allow the operation of a mobile food unit for a time period that coincides with the term of the permit issued by the city.
d.
A mobile food unit shall submit a site plan depicting the location of the mobile food unit, seating areas, canopies, sunshades, and awnings, if any, on the property; shall secure a current mobile food unit permit; and shall supply a copy of food handler training certificate(s) issued by the appropriate agency/department for each food handler to the city.
e.
Mobile food units shall be located within two hundred fifty (250) feet of an entrance of a primary building that holds the certificate of occupancy and specifically which contains a commercially plumbed public restroom.
f.
No mobile food units, their merchandise, advertising, or seating shall obscure traffic sight visibility.
g.
No mobile food units operating under this regulation shall be allowed to sell or serve food on any public street, sidewalk, or other public right-of-way unless specifically approved in writing by the code enforcement office.
h.
Mobile food units shall not operate in driveways, fire lanes, or ADA accessible sidewalks or sidewalk access ramps or within any other prohibited area.
i.
Mobile food units, including any applicable seating, may operate in parking spaces in a commercial or industrial zoned individual property, parcel, tract or platted lot, if the required parking for the area/center remains in compliance with the parking code located in the City of Bowie Code of Ordinances, chapter 12 exhibit "A," zoning ordinance, section 25.2., a site plan indicating the specific location is required.
j.
Mobile food units shall be removed from the parcel on a daily basis and may not be parked for a period that exceeds sixteen (16) hours in a twenty-four-hour period.
(2)
Vehicle. All mobile food units shall have a valid vehicle registration, motor vehicle operator's license, proof of vehicle liability insurance, and be readily movable.
(3)
Required permits, certificates rules and regulations.
a.
Texas sales tax permit;
b.
Food handler's certificate for each food handler;
c.
Proof of liability insurance coverage as set forth herein;
d.
Compliance with Texas Food Establishment Rules, 25 TAC Sec. 228 and as may be amended.
(4)
Operational issues .
a.
A drive-through is not permitted in conjunction with the mobile food unit and shall not provide a drive-through service of any kind.
b.
All mobile food units shall be equipped with a self-closing lidded, trash receptacle. The trash receptacle must be placed outside next to the mobile food units for use by the patrons of the unit. The area around the mobile food units shall be kept clean and free from litter, garbage, and debris.
c.
Temporary connections to potable water are prohibited. Water shall be from an internal tank, and electricity shall be from a generator or an electrical outlet via a portable cord that is in conformity with the electrical code as adopted by the city. In the event that the mobile food unit is powered by a generator, a 2A 10BC (dry chemical) fire extinguisher must be accessible for use.
d.
The wastewater/greywater tank must be at least forty-two (42) gallons and fifteen (15) percent larger than the freshwater tank. The connections to the wastewater/greywater tank must be easy to connect/disconnect and must not leak.
e.
Except as otherwise limited by the City of Bowie Code of Ordinances, or other city codes, a mobile food unit may utilize outside seating consisting of a portable table and a seating capacity not to exceed ten (10) persons.
f.
Except as otherwise limited by state law and/or city codes, a mobile food unit shall be allowed amplified music as long as such music shall not violate the "unreasonable" definition of noise established by V.T.C.A., Penal Code § 42.10, and/or the Bowie Code of Ordinances.
g.
In order to serve alcoholic beverages, a mobile food vendor shall comply with and follow all necessary Texas Alcoholic Beverage Commission rules and regulations and City of Bowie Code of Ordinances article 6.400.
h.
A hold-harmless agreement is required to be completed with the city if the mobile food unit is to be located on city property.
i.
Owners of any mobile food unit must sign a notarized statement that they acknowledge and accept a minimum amount of one million dollars ($1,000,000.00) in general liability insurance, that covers the mobile food unit, must be maintained at all times and that proof of such insurance coverage can be demanded to be provided to the city upon three (3) working days' notice to the owner.
j.
No mobile food unit shall operate before first obtaining a permit from the city.
k.
The maximum allowable number of mobile food units that may be located on a parcel at any one (1) time shall be determined by the city, but in no event shall the mobile food units be less than fifteen (15) feet apart on a parcel, no mobile food units shall be at the same location for consecutive weeks unless one (1) of the following occurs:
1.
Additional mobile food units may be considered through Second Monday/Civic Events and/or Special Events per article 4.400 (Second Monday) and article 13.700 (Bowie Community Center) of the City of Bowie Code Ordinances. Staff will consider the reason for the request; the number of available parking spaces on the lot; whether an increased number of mobile food units would be compatible with the existing use and permitted development of adjacent properties; and any other issues staff considers to be relevant; and/or the owner of the primary business establishes through staff permission with the city a list of specific dates within a calendar year in which multiple food units may be allowed on the property. This request shall include a site plan and documentation showing:
(i)
Indication of appropriate level of parking;
(ii)
Safe areas for seating for patrons of the mobile food units;
(iii)
Appropriate documentation of permission of use, adequate access to restroom facilities and valid certificate of occupancy of the primary business owner, if applicable; and
(iv)
City sponsored Second Monday/Civic Events and Special Events may have more than one (1) mobile unit allowed, and may not be required to get code enforcement approval.
2.
If approved by staff, a property owner initiated request shall be valid for ninety (90) days. If there have been no previous outstanding code violations; a renewal after ninety (90) days may be possible.
l.
Mobile food unit permits shall be issued subject to the terms of the fee schedule adopted by the Bowie City Council.
(5)
Exemptions. All events, activities, and festivals specifically approved by the city council are exempt from these regulations, but shall comply with appropriate regulations of the Code of Ordinances of the City of Bowie.
(Ord. No. 2016-03, Sec. 1, adopted 6-7-16)