GENERALLY

Houston Code of Ordinances ch. 32, art. IX, div. 1

in effect

Houston Code of Ordinances § 32-221 Purpose.

Sec. 32-221. - Purpose. The purpose of this article is to establish procedures and standards by which persons may be permitted to sell food from park food service establishments, within certain city parks. (Ord. No. 2016-65, § 2(Exh. A), 1-20-2016)

Houston Code of Ordinances § 32-222 Definitions.

Sec. 32-222. - Definitions. As used in this article, the following terms and phrases shall have the following meanings: Application means that form generally described in section 32-225 of this Code. Concession stand means a park food service establishment that operates in a fixed location and may include the use of any existing building or structure or the use of any temporary structure provided by the operator. Food has the meaning ascribed in section 20-18 of this Code. Food service establishment has the meaning set forth in section 20-18 of this Code. Food truck means a park food service establishment that is mounted on wheels, designed to be readily movable, and propelled by a motor. Mobile food unit means a park food service establishment that is mounted on wheels, designed to be readily movable, and propelled solely by human power. A food truck shall not be considered a mobile food unit for purposes of this chapter. Packaged has the meaning set forth in section 20-18 of this Code. Park or parks has the meaning set forth in section 32-1 of this Code. Park food service establishment means a food service establishment operating within a park. Permit means a permit granted under the authority of this article. Roadway means that portion of a public street which is improved, designed, or ordinarily used for vehicular travel, exclusive of the curb, berm, esplanade, or shoulder. In the event that a public street includes two or more separate roadways, roadway means each such roadway separately. Sidewalk means that portion of the public street which is between the curblines, or the lateral lines of a roadway, and the adjacent property lines and is improved and designed for or is ordinarily used for pedestrian travel. Vendor means a person who has been granted a permit under this article and shall include that person's officers and employees. (Ord. No. 2016-65, § 2(Exh. A), 1-20-2016)

Houston Code of Ordinances § 32-223 Permits required for park food service establishments.

Sec. 32-223. - Permits required for park food service establishments. (a) The director is authorized to issue permits for the operation of park food service establishments within parks. (b) It shall be unlawful for any person to erect, operate or maintain a park food service establishment in a park without first obtaining a permit. (c) It is an affirmative defense to prosecution under this section that the person is maintaining or operating the park food service establishment under the authority of a concession contract approved by city council. (Ord. No. 2016-65, § 2(Exh. A), 1-20-2016)

Houston Code of Ordinances § 32-224 Reserved.

Houston Code of Ordinances § 32-225 Applications.

Sec. 32-225. - Applications. As a part of the application and proposal the applicant shall provide: (1) The name and street address (and mailing address, if different) of the operator, manager or other person responsible for the operation or supervision of the park food service establishment; (2) The name under which the park food service establishment will be operated; (3) A letter or other notice from the health officer, by which the director of public health certifies that, under chapter 20 of this Code, the applicant meets the requirement for a food dealer's permit and, if applicable, the mobile food unit meets the requirements for a mobile food unit medallion; (4) A copy of any certificate of insurance required to be provided; (5) A general description and proposed prices of all foods to be sold and the proposed hours of operation; (6) The park and description of the area in that park in which the applicant desires to operate his park food service establishment; (7) A map showing the proposed location of the specific site desired; (8) The written permission of the director for the use of the site; and (9) Such other documentation or information as the director may reasonably require. (Ord. No. 2016-65, § 2(Exh. A), 1-20-2016)

Houston Code of Ordinances § 32-226 Determination of qualified applicants.

Sec. 32-226. - Determination of qualified applicants. Upon receipt of each application, the director shall examine its contents and determine whether the applicant is qualified for issuance of a permit based on the following factors: (1) The application meets the requirements of this article; (2) The park food service establishment is in compliance with the food service establishment specifications set out in chapter 20 of this Code and with all other applicable city ordinances; (3) Given the particular characteristics of the park in which the park food service establishment is to be operated, and of the pedestrian and vehicular traffic in the area, the operation of the proposed park food service establishment will not interfere with pedestrian or vehicular traffic in the park or with the public's use of the park; (4) Operation of the park food service establishment is not expected to obstruct vehicular or pedestrian travel upon any sidewalk or public street; (5) The products to be sold are not expected to cause or contribute to littering in the parks nor to annoy, through noxious odors or other means, the park's patrons; and (6) The park food service establishment and the equipment proposed to be used will be appropriate, suitable and aesthetically pleasing in that area of the park. (Ord. No. 2016-65, § 2(Exh. A), 1-20-2016)

Houston Code of Ordinances § 32-227 Evaluation of applications.

Sec. 32-227. - Evaluation of applications. The vendors to be issued permits shall be selected by a comparison of the applications submitted for each area and park. The director may request the assistance of the health officer to evaluate these applications. If more than one qualified applicant has applied for a license to serve the same area of a park, the director shall choose from among the applicants based upon the following criteria: (1) Ability to contribute to the availability of a variety of foods for park patrons; (2) Ability to address consumer preferences for particular foods in a particular park or in parks generally; (3) Ability to engage in park vending activities for an optimum number of hours and days per week; (4) Ability to successfully operate a mobile food vending business and comply with the applicable ordinances of the city governing his activities and his park food service establishment based on his ability as determined from his financial resources and history and any experience in similar types of ventures; and (5) Ability to provide a reasonable and competitive price structure for the food proposed to be sold. Based upon the information set out in the applications, the director shall rate each applicant's relative ability to meet the above criteria. The applicant receiving the highest overall rating shall be the applicant selected as the vendor for that area. The director may consider applicants who were not selected but were otherwise qualified, for areas of the same or other parks for which the city received no applications. (Ord. No. 2016-65, § 2(Exh. A), 1-20-2016)

Houston Code of Ordinances § 32-228 Term of permit.

Sec. 32-228. - Term of permit. (a) A permit granted under this article shall be valid for the time and day indicated on the permit. The permit shall specify the foods permitted to be sold or distributed based on recommendations from the health officer. (b) A permit granted under this article constitutes a temporary and interruptible authorization for the use of a park or designated portion thereof in a manner consistent with the conditions upon which the permit has been granted. It is a privilege granted by the city not a right. It is not an exclusive permit and does not and shall not be construed to convey any legal or equitable interest whatsoever to any part of the park. (c) A permit is issued in the vendor's name for a particular park food service establishment and designated area of a park and cannot be assigned, sold, lent, leased, or otherwise transferred even though the ownership of the park food service establishment may change. (Ord. No. 2016-65, § 2(Exh. A), 1-20-2016)

Houston Code of Ordinances § 32-229 Reserved.

Houston Code of Ordinances § 32-230 Indemnification of city.

Sec. 32-230. - Indemnification of city. The vendor must agree, as a condition of his permit, to indemnify and hold harmless the city, its officers and employees against any loss, liability or damage, including expenses and costs for bodily injury and for property damage sustained by any person as a result of the vendor's operation of a park food service establishment on public property. (Ord. No. 2016-65, § 2(Exh. A), 1-20-2016)

Houston Code of Ordinances § 32-231 Permit conditions.

Sec. 32-231. - Permit conditions. (a) A permit shall be subject to the following conditions and may be suspended or revoked for failure to comply with any one of them: (1) The vendor shall maintain the park food service establishment in good repair and keep it free from material defects that may present a hazard to life or property. (2) The vendor shall make the park food service establishment available for an inspection by the director or his representatives at any time while the park food service establishment is on park property. No notice from the director prior to such an inspection shall be required. (3) The vendor must comply with all other applicable state and city rules and regulations specifically including all food or health-related ordinances of the city and all state and federal food labeling laws. The park food service establishment itself and the vendor and all of his employees must meet applicable requirements for the operation of food establishments as set out in chapter 20 of this Code at all times. (4) In addition to the marking requirements of Chapter 20 of this Code, each park food service establishment shall be clearly marked with the name and phone number of the owner of the park food service establishment and the phone number of the Houston Health Department. (5) The vendor shall not load or unload the mobile food unit or any food items while the mobile food unit or a vehicle transporting the mobile food unit is parked on a roadway. In no case shall a mobile food unit be positioned on a sidewalk so as to occupy more than 40 percent of the width of that sidewalk. In addition, all mobile food units shall comply with clearances required from structures to utility lines as provided the Construction Code. (6) A vendor may not obstruct ingress or egress to any other building, roadway, or pathway (7) The vendor shall not install, erect or maintain any signs on park property except those permitted on the park food service establishment itself. (8) The vendor shall not install any permanent improvement in a park. (9) During hours of operation under a permit, the vendor shall serve, store and display his food on or in the park food service establishment itself and shall not use, set up or attach any crate, carton, rack, table or other device to increase the selling or display capacity of his park food service establishment. (10) Outside hours of operation under a permit, the vendor shall not store any items, including food and/or equipment, within a park facility or upon park property. (11) The vendor shall not leave the park food service establishment open (unlocked) and unattended. If a park food service establishment is left unattended, it may be shut down and towed, if applicable. The vendor shall then be liable for all reasonable removal, towing, and storage charges. (12) The vendor shall not operate the park food service establishment in the park between the hours of 11:00 p.m. and 7 a.m. or outside hours of operation under a permit. (13) The vendor shall not permit any electrical or mechanical sound to emanate beyond 20 feet from the park food service establishment. (14) The vendor shall not operate the park food service establishment in a fashion that creates a traffic hazard or increases traffic congestion or delay. (15) Where exigent circumstances exist and a police officer or other authorized officer or employee of the city gives notice to a vendor to temporarily move from a location, such vendor shall not operate from or remain at such location. For the purpose of this subdivision, exigent circumstances shall include, but shall not be limited to, unusually heavy pedestrian or vehicular traffic, existence of any obstructions in the public space at or near such location, an accident, fire or other emergency situation at or near such location, or a parade, demonstration, or other such event or occurrence at or near such location. (16) The vendor shall update and supplement the information provided as a part of his application to ensure that it remains true and correct at all times. (17) The vendor shall have his permit available at all times while the park food service establishment is in operation and shall present the permit upon request. In addition, the vendor shall have in his possession satisfactory proof or documentation detailing the origin or source of all foods being held, stored, offered for sale, sold, distributed or given away. Those records shall be available for review upon request. (18) The vendor shall comply with all rules promulgated by the director and shall refrain from operating the park food service establishment during certain days or in certain areas if so requested by the director. (19) The vendor shall not use the park food service establishment or permit anyone else to use the park food service establishment to sell distribute or give away any foods other than those specifically approved by the director, in writing, at the time the permit is issued. The vendor is not authorized to and shall not sell any non-food items without the written consent of the director. (20) The vendor shall maintain records of daily gross sales, purchases, and expenses of or from the park food service establishment and those records shall be available for inspection by the director upon request. (21) The vendor shall be responsible for supervising the conduct of its patrons and employees. (22) The vendor and his employees shall wear clean outer garments and shall refrain from smoking on park property and eating during working hours. (23) The vendor shall furnish good, prompt, courteous, and efficient service to its patrons. At no time shall a vendor hawk his merchandise or shout at or otherwise annoy park patrons in an effort to encourage them to purchase his merchandise. (24) The vendor shall keep the area within 25 feet of the park food service establishment clean and free of litter at all times. The vendor's litter receptacle shall be emptied regularly in other than a public receptacle. The litter receptacle shall be kept covered with a tight fitting lid when not in continuous use. (25) The vendor shall not use any park facilities including utility outlets, for operating or cleaning the park food service establishment or its appurtenances with the exception of electrical service which may be approved in advance at the option of the director. The vendor and his employees may use available restroom facilities for their personal use. (26) The vendor shall provide a cash bond or a bond with the vendor as principal and a corporate bonding company licensed to do business in the state as surety in the amount of $2,500.00 to cover the costs of repair or replacement of any city property, the damage or destruction of which was caused directly or indirectly by the vendor. This bond shall be duly executed by the vendor and a corporate surety company licensed to do business in the State of Texas and shown on the most recent edition of the United States Treasury Circular 570 as having an "underwriting limitation" at least as great as the penal sum of the bond. The vendor may substitute a cash deposit or comprehensive public liability insurance for property damage in the amount of $2,500.00. The city shall be named as an additional insured on the policy and the policy shall include a provision to the effect that the city will be notified in writing by the insurance company ten days prior to a cancellation, nonrenewal, or material change in the policy. In the case of nonrenewal or cancellation, the vendor shall then have five days to replace the coverage or the vendor's permit shall be deemed revoked without further action on the part of the city. (b) A permit for a mobile food unit shall be subject to the following additional conditions and may be suspended or revoked for failure to comply with any one of them: (1) The vendor shall thoroughly clean the mobile food unit and drain and flush the liquid waste tanks each day the mobile food unit is operated. (2) The mobile food unit itself and the vendor and all of his employees must meet requirements for the operation of mobile food units and food establishments as set out in sections 20-22 and 20-37 of this Code at all times. (3) The vendor shall maintain adequate lighting in and around the mobile food unit to ensure that the mobile food unit may be easily seen at night. Such lighting shall be of such type and location and shall have such shading as will prevent the source of the light from being seen from any property contiguous or adjacent to the park. It shall not cause illumination beyond the boundaries of the park on which it is located so as to be obtrusive to adjacent property owners and shall not cause illumination beyond the boundaries of the park in excess of 0.5 footcandles. The illumination of any street from the mobile food unit shall be no brighter than the illumination provided by ornamental street lights nor shall it have an adverse impact on the flow of vehicular traffic. In addition, its design and color shall not be such that is could be mistaken for a traffic signal. (4) The vendor shall not park or stop a mobile food unit within 20 feet of an entrance or exit to any building, or a hydrant, street light, curb, crosswalk, telephone booth, driveway, mailbox, transit stop, or any other public service facility even temporarily. In addition, a vendor shall not park or stop a mobile food unit within 20 feet of another mobile food unit. (5) The vendor shall not load or unload the mobile food unit or any food items while the mobile food unit or a vehicle transporting the mobile food unit is parked on a roadway. In no case shall a mobile food unit be positioned on a sidewalk so as to occupy more than 40 percent of the width of that sidewalk. In addition, all mobile food units shall comply with clearances required from structures to utility lines as provided in the Construction Code. (6) The vendor shall remove the mobile food unit from park property between the hours of 11:00 p.m. and 7:00 a.m. and during any time not covered by the permit. (7) The vendor shall operate only within his assigned area of the park. The vendor shall avoid positioning the mobile food unit so as to damage or destroy any park property and shall not allow the mobile food unit to touch, lean against or be affixed temporarily or permanently to any building, structure, tree, or shrubbery. (8) The director is hereby authorized to promulgate such additional rules as he deems necessary or appropriate from time to time based on circumstances unique to an individual park or to ensure safe and efficient operation of a unit. This authorization includes the authority to impose additional insurance requirements in such amounts as the director may deem necessary. All such rules shall be in writing, shall be on file in the city secretary's office and shall be available to the public upon request from the office of the director. This authorization also includes the authority to temporarily suspend a vendor's permit. (Ord. No. 2016-65, § 2(Exh. A), 1-20-2016; Ord. No. 2021-1037, § 20(Exh. I.38), 12-1-2021, eff. 4-1-2022)

Houston Code of Ordinances § 32-232 Enforcement.

Sec. 32-232. - Enforcement. (a) Notwithstanding the other provisions of this article, whenever the director or the health officer finds an unsanitary or other unhealthful or unsafe condition in the operation of a unit, he may issue a written notice to the vendor citing such condition, specifying the corrective action to be taken, and specifying the time period within which such action shall be taken; and, if deemed necessary, such order shall state that the permit is immediately suspended, and all food service operations are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith, but upon written petition to the director, shall be afforded a hearing within ten days after the issuance of that order. (b) The director may suspend or revoke a permit for failure to observe any of the conditions listed in section 32-231. Prior to such suspension or revocation the director shall give ten days' written notice to the vendor of his violation of or his failure to observe a general condition as set out above. If the vendor requests a hearing prior to the expiration of that ten-day notice period, the director shall hold a hearing to determine if the permit should be suspended or revoked. The vendor may present evidence in his own behalf if he so desires. The director's decision in regard to suspension or revocation shall be final. If the vendor fails to request such a hearing, the suspension or revocation shall become effective upon the expiration of the ten-day notice period. If a permit granted under this article is suspended or revoked, the vendor shall not operate the unit on park property thereafter. A vendor whose permit has been suspended or revoked may apply for a permit the following vending season. (c) All notices required or permitted under this article shall be in writing and shall be deemed delivered upon email notification, personal delivery or three days after deposit in a United States Postal Service post office or receptacle with proper postage affixed and addressed to the vendor at the address provided by the vendor (the applicant's name and street address) in his application for a permit. (d) In the event that the health officer issues a notice of violation of any law or ordinance to a vendor in connection with the operation of or any condition related to the unit or the vendor's operation, including a violation of this article, the health officer shall immediately notify the director. Conversely, if the director is notified of or becomes aware of any condition or occurrence which may constitute a violation of this article or of any food or health-related statute or ordinance, the director shall immediately notify the health officer. Copies of all inspection reports, prepared by the health officer, on units permitted hereunder shall be promptly forwarded to the director. (e) Suspension, revocation, or expiration of a vendor's good dealer's permit or mobile food service unit medallion shall result in the immediate suspension of the permit granted hereunder without further action on the part of the city. Such suspension shall remain in effect until the vendor's food dealer's permit and mobile food service unit medallion are restored. The notice provisions of section 32-232(c) shall not be applicable to suspension of a permit under this subsection. (f) In addition, a permit shall be revocable without liability therefor if the director finds that a public necessity or emergency exists requiring an immediate revocation of the permit and termination of operation of the unit for the remainder of a vending season. In that case the director shall provide written notice to the vendor as promptly as possible. This notice shall state the reason or reasons emergency revocation is or was required. Notice under this clause shall constitute an exception to the notice provisions of section 32-232(c). (Ord. No. 2016-65, § 2(Exh. A), 1-20-2016)

Houston Code of Ordinances § 32-233 Fees.

Sec. 32-233. - Fees. Permit fees for units shall be established by the city council. The schedule of fees approved under this provision shall be included in the city fee schedule. (Ord. No. 2016-65, § 2(Exh. A), 1-20-2016)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH32PARE_ARTIXPAFOVE_DIV1GEFetched: 10/26/2026