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HomeMy WebLinkAbout2012-3408 - Ordinance - 04/26/2012 ORDINANCE NO. z /2 - 3VDe AN ORDINANCE AMENDING CHAPTER 4, "BUSINESS REGULATIONS" BY AMENDING SECTION 20 "MOBILE FOOD VENDORS ", TO THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That CHAPTER 4, "BUSINESS REGULATIONS" be amended BY AMENDING SECTION 20 "MOBILE FOOD VENDORS ", to the Code of Ordinances of the City of College Station, Texas, as set out in Exhibit "A ", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way affect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not less than Twenty -Five Dollars ($25.00) or more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 2I day of H 1 , 2012. APPROVED: Mayor ATT ST: (1 ( J - 4- 1A•u -• .1 ity Secret . APP' OVED: l� C City Attorney Mobile Food Vendor Ordinance Page 2 EXHIBIT "A" That CHAPTER 4, BUSINESS REGULATIONS" be amended BY AMENDING SECTION 20 "MOBILE FOOD VENDORS ", be added to the Code of Ordinances of the City of College Station, Texas and is to read as follows: SECTION 20 MOBILE FOOD VENDORS A. DEFINITIONS (1) Edible Goods shall include, but are not limited to: (a) Prepackaged food including, but not limited candy, beverages, and ice cream. (b) Prepared food including, but not limited to hot dogs, deserts, and pizza. (c) On -site prepared food including, but not limited to shaved ice, sandwiches, and tacos) (2) Food Service Establishment shall mean businesses that Sell Edible Goods and have been inspected and approved by the Brazos County Health Department, including commercial kitchens and commissaries, and shall specifically exclude accessory or self - serve retail food sales. (3) Mobile shall mean the state of being in active, but not necessarily continuous, movement. (4) Mobile Food Vendors shall mean any business which Sells Edible Goods from a non- Stationary Location within the City of College Station. The term shall include, but not be limited to: (a) Mobile food trucks: A self - contained motorized unit Selling items defined as Edible Goods. (b) Concessions carts: Mobile vending units that must be moved by non - motorized means (c) Concession trailers: A vending unit which is pulled by a motorized unit and has no power to move on its own. (5) Non - refrigerated shall mean Edible Goods that are not required to be kept at a temperature below forty -one (41) degrees Fahrenheit according to the federal Food and Drug Administration and the Texas Food Establishment Rules. (6) Sell shall mean the act of exchanging a good for a profit or in return for a donation. (7) Stationary Location shall mean the position of the Mobile Food Vendor when not in motion and addressing the public for the purpose of sales. Mobile Food Vendor Ordinance Page 3 B. PERMIT AND APPLICATION (1) Permit - Every Mobile Food Vendor shall have a permit issued by the City of College Station Planning and Development Services Department to conduct business in the City. (2) Application - An applicant shall apply for a permit on a form promulgated by the City of College Station Planning and Development Services Department. (3) The application shall be processed through the following method: (a) Application submitted to the City of College Station, (b) Application shall be reviewed by designated City Staff, (c) City Staff shall inform the Brazos County Health Department when the application is eligible for approval by the City, (d) Brazos County Health Department may then accept an application from a Mobile Food Vendor, (e) Following notification from the City, Brazos County Health department may issue a permit when their application is eligible for approval, (f) Applicant shall submit their Brazos County Health Department permit to City of College Station (g) The City of College Station may then, and only then, approve a Mobile Food Vendor permit. (4) Permit Form - A complete application shall require the following information from the applicant to be considered: (a) Name of applicant, (b) Legal name of business or entity, (c) State of Incorporation or filing of a partnership or articles of association, (d) If applicable, Copy of Chapter or Articles of Incorporation and current listing of directors, partners, or principles (publicly traded companies are exempted), (e) Sales tax number with a copy of sales tax permit, (f) Signed permission from the private property owner, (g) Name, phone number, and driver's license number of business owner, (h) Contact name and phone number for Mobile food vending unit while in route, (i) Copy of permits to do business in Texas for foreign companies, (j) Description of product being sold, (k) Description of attached signage, (I) Vehicle Identification Number and description of Mobile food vending unit, (m) A signed affidavit under oath with photo identification that each individual applicant: (i) Has no unpaid civil judgments against him or her in any State or U.S. possession which arise from a business activity which would have been covered by this Section if in effect at the time in the jurisdiction where such judgments are of record. Mobile Food Vendor Ordinance Page 4 (ii) A statement of all convictions in any state, the United States or U.S. possession within the last ten (10) years. (n) A bond in the sum of not less than One Thousand and No /100 ($1,000.00) Dollars, executed by the Mobile Food Vendor with two or more good and sufficient sureties satisfactory to the Finance Director, which bond shall be payable to the Mayor of the City of College Station, and his successors in office, for the use and benefit of any person or persons entitled thereto, and conditioned that the principal and sureties will pay all damages to persons caused by or arising from or growing out of any action of the Mobile Food Vendor while conducting business in the City of College Station, Texas. The bond shall remain in full force and effect for the entire duration of the permit provided herein and for two full years after such permit expires. The bond shall not be required for the sale of goods in interstate commerce. (o) Copy of the Brazos County Health Department permit issued to the Food Service Establishment. (p) Copy of written permission to utilize the private facilities of the Food Service Establishment. (5) Permit Fee (a) The application for a Mobile Food Vendor permit shall be $500.00. Each Mobile Food Vendor Unit shall be permitted separately. (b) Mobile Food Vendor permits shall be valid for one (1) year from the date of permit issuance. (c) Upon renewal the applicant must provide a new application, payment of a $250.00 renewal fee, and new permitting documentation upon permit renewal. The applicant must submit the application and renewal fee within thirty (30) days after expiration of the permit or must reapply as a new applicant. (d) Concession carts shall apply under a reduced fee of $250 for initial application, and $125 for a renewal. (6) Permit Denial - A permit may be denied where: (a) An applicant is found to have an unpaid civil judgment(s) against him which relates to the duties and responsibilities of the permitted occupation which shall be determined by the nature and the amount of the judgment, the relationship of the judgment to the purpose of the permit and the extent that the permit would allow someone to engage in further activity that would lead to unsatisfied civil judgments, or (b) An applicant has been convicted of a crime which directly relates to the duties and responsibilities of the licensed occupation which shall be determined by the nature and seriousness of the crime, the relationship of the crime to the purpose of the permit and the extent that the permit would allow someone to engage in further criminal activity, or; Mobile Food Vendor Ordinance Page 5 (c) The required information is incomplete or incorrect or shows that a person is not otherwise entitled to conduct business as a Mobile Food Vendor. (d) The opportunity to reissue a permit has been denied due to previous violations as described in this Section. (7) Display of Permit - Every permit, including those from the City of College Station and Brazos County Health Department, shall be displayed at all times in a conspicuous place where it can be read by the general public on the Mobile Food Vendor's truck, concession cart, or concession trailer. (8) Permit Revocation or Suspension (a) A permit may be revoked upon conviction of any offense committed by an individual operating as a Mobile Food Vendor in the City of College Station while engaged in the permitted business, or if a final conviction occurs or is found to have existed at the time of application, or if civil judgments, as set forth above, are placed or found of record against an applicant. A permit may be suspended in the event of pending charges of a crime, as set forth above, upon a magistrate's determination of probable cause in connection with such charges. (b) A permit may be revoked for non - conformity to the application location specifications or requirements as well as to non - conformity to an approved location plan or diagram. (c) Any employee working for an applicant permitted as an employer under this Section above may be denied the right to solicit under such permit, or such rights may be suspended or terminated, under the same circumstances and procedures which apply to the holder of the permit. Revocation or suspension of an employer's permit terminates all employee permits. (d) A permit may be suspended or revoked for not complying with the requirements of this Section, or any other ordinances, or laws. (9) Appeal of Permit Revocation, Suspension, or Denial (a) The notice of revocation, suspension, or denial of a permit shall include the procedure for appealing the suspension, revocation, or denial. (b) If a City official revokes, suspends or denies a Mobile Food Vendor permit, the holder or applicant of the permit which has been revoked, suspended, or denied shall have the right of appeal to the City of College Station Planning and Development Services Director or designee by submitting an appeal in writing to the Director within ten (10) business days of the revocation, suspension, or denial. (c) Pending action on the appeal, a permit which has been revoked or suspended shall be considered revoked or suspended. (d) If a written appeal is not submitted within ten (10) business day of revocation, suspension, or denial, or if the appeal is denied, the permit shall hence be considered revoked, suspended, or denied. Mobile Food Vendor Ordinance Page 6 (10) Reapplication After Revocation, Suspension, or Denial of Permit If a Mobile Food Vendor or applicant is not in compliance with this section or any other ordinances, laws, or the approved vendor application, the following actions will be taken: (a) 1 violation- A warning may be issued, or the permit may be revoked or suspended and the vendor may become ineligible for new or reissued permit for three (3) months. (b) 2nd violation- Permit will be revoke and the vendor may become ineligible for new or reissued permit for three (3) months. (c) 3 violation- Permit will be revoke and the vendor will become ineligible for new or reissued permit for one (1) year. (d) If an applicant's permit has been denied and the appeal is denied the applicant may not reapply for three (3) months. C. ZONING AND LOCATION RESTRICTIONS (1) Distance Regulations (a) No Mobile Food Vendor shall conduct business within any single- family residential or agricultural zoning district, including townhouse districts, but may be located in such districts when serving and within one hundred (100) feet to a property with an active building permit or located within a public park facility. (b) A Mobile Food Vendor may not be located within one hundred (100) feet of the primary entrance of an open and operating fixed- location Food Service Establishments outside of Northgate. This buffer may be reduced upon receiving written permission from said establishments. (c) Northgate Only- A Mobile Food Vendor may not be located within one hundred (100) feet of an existing business lawfully operating as a restaurant as defined by the Unified Development Ordinance within Northgate. This buffer may be reduced upon written permission from said restaurants. (2) A Mobile Food Vendor shall not conduct sales at a Stationary Location: (a) For a duration exceeding five (5) hours per location per day. (b) Northgate Only - For a duration exceeding five (5) hours per location, except from 10:00 pm to 2:00 am in the NG -1 Northgate Core zoning district. (c) For a duration exceeding thirty (30) minutes on any public street designated on the City of College Station's Thoroughfare Plan as a Minor Collector or lesser. (d) On any public street designated on the City of College Station's Thoroughfare Plan as a Major Collector or greater. (e) In congested areas where the operation impedes vehicular or pedestrian traffic. (f) In a designated bike lane. (g) Between the hours of 2:00 am and 5:00 am. Mobile Food Vendor Ordinance Page 7 (3) Northgate and Wolf Pen Creek District (a) Concession carts, permitted as a Mobile Food Vendor, may be located only within the Northgate zoning districts and Wolf Pen Creek district when operating at a mixed -use development. Carts must be positioned as to not disrupt pedestrian traffic and must maintain an abutting five -foot (5) clear space. (b) A Mobile Food Vendor may not be located within twenty (20) feet of another Mobile Food Vendor. (4) Location Regulations (a) No Mobile Food Vendor shall locate on any private property without written permission to do so and must comply if asked to leave by the property owner or City official. A copy of the written permission to operate in a specific location, signed by the private property owner, shall be kept within the Mobile vending unit at all times. (b) No person shall distribute, deposit, place, throw, scatter or cast any commercial handbill in or upon any motor vehicle without permission of the owner. (c) No person shall distribute, deposit, place, throw, scatter or cast any commercial handbill upon any premises if requested by the property owner or City official not to do so, or if there is placed near or at the entrance thereof a sign bearing the words "no advertisement ". (d) No person shall Sell or offer for sale any item upon any premises if requested by the property owner or City official not to do so, or if there is placed at or near the entrance thereof a sign bearing the words "no peddlers or vendors ", "no trespassing ", or "no solicitors." D. MOBILE FOOD VENDOR REQUIREMENTS The following regulations shall apply to Mobile Food Vendors within any zoning district: (1) Each unit shall be equipped with a portable trash receptacle, and shall be responsible for proper disposal of solid waste and waste water in the sanitation facility legally accessed by the Food Service Establishment. All disturbed areas must be cleaned following each stop at a minimum of twenty (20) feet of the sales location. (2) Continuous music or repetitive sounds shall not project from the Mobile unit. (3) A five -foot (5) clear space can be maintained around the Mobile food vending unit. (4) The Mobile unit will be subject to inspection upon permit application through the Building Division of the Planning and Development Services Department and the Fire Marshal, and may be subject to random inspection and upon reissuance of the permit. (5) No sales are allowed within public park facilities while park concession units are operating. (6) A "No Smoking" sign must be posted next to the order window or area. (7) A tagged fire extinguisher shall be kept accessible as directed by the City of College Station Fire Marshal or designee. Mobile Food Vendor Ordinance Page 8 (8) An extinguishing vent hood, Type 1 or other if approved by the City of College Station Fire Marshal, shall be required when the cooking process produces grease laden particles within the Mobile unit. Said hood shall require testing in the presence of a College Station Fire Marshal designee. E. OFFENSES AND REGULATIONS (1) It shall be unlawful for any individual as the agent or employee of another regulated under this Section to Sell Edible Goods in the City unless its principal or employer has received a permit under this Section. (2) A permit issued under this Section is not transferable. (3) It shall be unlawful for an individual to Sell Edible Goods while displaying a valid permit issued by the City of College Station in the name of another individual, organization, or entity. (4) It shall be unlawful for any individual directly or through an agent or employee to Sell goods within the corporate limits of the City after the expiration of the permit issued by the City of College Station under this Section. (5) It shall be unlawful for an individual directly or through an agent or employee to misrepresent on the permit affidavit any acts that are regulated under this Section. (6) It shall be unlawful for any individual directly or through his agents or employees to represent that the issuance of a permit by the City of College Station constitutes the City's endorsement or approval of the product for sale. (7) It shall be unlawful to operate a Mobile Food Vendor operation that is not in compliance with the Texas Food Establishment Rules as amended from time to time. (8) A Mobile Food Vendor permit may only be granted to a business that is associated with a Food Service Establishment, as defined by this ordinance, unless the Mobile Food Vendor is not required to obtain a permit from the Brazos County Health Department (9) A violation of this Section is a Class C misdemeanor and shall be punished by a fine pursuant to the General Penalty set out in Chapter 1, Section 5, of this Code of Ordinances. F. EXEMPTIONS Individuals selling only Non - Refrigerated farm products in an unrefined state shall be considered as a Mobile Food Vendor, as defined by this ordinance, but shall be exempt from the requirements of this Section.