The URL can be used to link to this page

Home My Public Portal AboutOrdinance No. 1421-20 12-14-2020 ORDINANCE NO. 1421-20 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING ARTICLE III "FOOD SERVICE ESTABLISHMENTS" OF CHAPTER 18 "BUSINESSES" TO ADD REGULATIONS FOR MOBILE FOOD VENDORS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code;and WHEREAS, the Richland Hills City Council has determined that updating regulations for Mobile Food Vendors within the Code of Ordinances is required;and WHEREAS,the City Council finds that this Ordinance is in the best interests of the citizens of the City of Richland Hills. NOW, THEREFORE, BE IT ORDAINED BY TH E CITY COUNCIL OF THE CITY OF RICHLAND HILLS,TEXAS: SECTION 1 Sections 18-73-18-170 of Division 2"Texas Food Establishment Rules"Article III"Food Service Establishments" of Chapter 18 "Businesses"is hereby amended to read as follows: "Secs. 18-73-18-100. —Reserved." SECTION 2 Article III "Food Service Establishments" of Chapter 18 "Businesses" is hereby amended to add Division 2 to read as follows: Division 2. —Mobile Food Vendors operation permit Sec. 18-101. Permit Required. Except as part of a Food Truck Park, a Mobile Food Vendor must have written permission from the owner or the owner's authorized representative of a property containing a Mobile Food Vendor operation where a Mobile Food Vendor may be located from time to time. A Mobile Food Vendor must apply for a Mobile Food Vendor operation permit from the Community Development Department prior to operating a Mobile Food Vendor on said property. The permit application shall include information that details where the Mobile Food Vendor Page 1 will be located on the property along with the location of any refuse receptacle(s), restroom(s), vehicle parking, dining area(s), and any other pertinent information regarding the operation of the Mobile Food Vendor on and about the Mobile Food Vendor operation site. Additional information requested by the city, as may be deemed necessary by the City Manager, or his/her designee, to thoroughly review the application in unique circumstances shall also be submitted as part of the permit application. Sec. 18-102 All applications must be accompanied by payment of the permit fee listed in Appendix A, Fee Schedule, Richland Hills Code. Sec. 18-103 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 conformance with the electrical code as adopted by the city. Sec. 18-104 Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m., seven days a week. Sec. 18-105 All signage pertaining to or advertising a Mobile Food Vendor and/or its menu shall be attached to the Mobile Food Vendor. There shall be no limit to the amount of signage that is allowed on a Mobile Food Vendor.The only temporary sign allowed is one (1) sandwich board sign per Mobile Food Vendor and shall be displayed within ten feet(10') of the Mobile Food Vendor. Sec. 18-106 A drive-through is not permitted in conjunction with the mobile food vendor. Sec. 18-107 Mobile Food Vendors shall not operate in required parking spaces, driveways, fire lanes, or public roads. Sec. 18-108 Sales of food from a stationary vehicle excludes catering trucks. Sec. 18-109 Mobile Food Vendors are prohibited in a temporary building. Sec. 18-110 A waste receptacle is required for every Mobile Food Vendor and waste shall be removed daily. Sec. 18-111 No more than two active Mobile Food Vendors may be permitted and operating on any single property at the same time. Sec. 18-112 Seasonal Mobile Food Vendors, including, but not limited to, snow cone trailers, must be currently operating to remain on the authorized property. No Mobile Food Vendors can be left on property if closed for the season. Sec. 18-113 A permit issued in accordance with this Division is only valid for one (1) calendar year. Page 2 Sec. 18-114 The regulations contained in this Division do not apply to a Mobile Food Vendor operating at a City organized event. Sec. 18-115 A Mobile Food Vendor operating under a permit issued under this Division must also comply with all Tarrant County Health Department regulations applicable to Mobile Food Vendors,including but not limited to,when applicable,a Mobile Food Vendor must report to a Commissary as required. Secs. 18-116-18-170. - Reserved SECTION 3 PROVISIONS CUMULATIVE This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of the is Ordinance are in direct conflict with the provisions of such Ordinances and such Code are hereby repealed. SECTION 4 PROVISIONS SEVERABLE It is hereby declared to be the intention of the City Council that the phrases,clauses, sentences, paragraphs,and sections of this Ordinance are severable,and if any phrase,clause, sentence,paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,paragraphs and sections of this Ordinance,since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence,paragraph or section. SECTION 5 SAVINGS CLAUSE That all rights and remedies of the City of Richland Hills are expressly saved as to any and all violations of the provisions of the City's Mobile Food Vendor regulations which have accrued at the time of the effective date of this Ordinance;and,as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 6 PENALTY Any person, firm, or corporation who violates, disobeys, omits,neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined not more than Five Hundred Dollars($500.00)for each offense. Page 3 SECTION 7 PUBLICATION The City Secretary of the City of Richland Hills is hereby directed to publish this Ordinance to the extent required by law. SECTION 8 EFFECTIVE DATE This Ordinance shall be infull force and effect from and after its passage and publication as required by law,and it is so ordained. PASSED AND APPROVED ON THIS 14TH DAY OF DECEMBER,2020. iGC THE HONORABLEMAY � DW LOPEZ AFI EST: „„w„,„„„ LATHY BOI6 G, CITY SECRF iRY \\\,,,\\\ �aANp y�%,,,,, Off^ ._ �;..t ' APPROVED AS TO FORM AND LEGALITY: _�•: ; ' "s r\ .a ELIZABETH E , ITY ATTORNEY Page 4