PERMIT REQUIRED.
Austin City Code § 10-3-97
in effect§ 10-3-97 - PERMIT REQUIRED.
(A) It shall be unlawful for any person to operate as a farmers market vendor within the city limits at a certified farmers market without first having obtained a Class A or B permit as required by this section.
(B) A Class A permit allows a vendor to offer only prepackaged foods, beverages that are dispensed from covered urns or other protected vessels available for customer self-service, and packaged frozen food. The preparation, assembly, reheating, or cooking of foods is not allowed under this permit.
(C) A Class B permit allows the on-site preparation of foods and open foods. Vendors may cook, prepare, and assemble a full menu of food items. All food operations under a Class A permit are allowed under a Class B permit.
(D) Every person, before opening, maintaining, or operating as a farmers market vendor at a certified farmers market, shall file an application for and obtain one of the permits described in Subsection (A) of this section.
(E) Farmers market vendors operating at multiple markets shall obtain one permit that covers sales at all locations.
(F) An applicant for a certified farmers market vendor's permit must file the application with the health authority. The application must include:
(1) the name and address of the applicant and the applicant's identification number as shown on a current and valid government-issued identification document that includes a photograph of the applicant;
(2) the class of permit the applicant will operate under;
(3) the signature of each applicant;
(4) a notarized statement from the owner of a central preparation facility stating the farmer's market vendor uses the facility as its base of operation or proof that the applicant has its own central preparation facility;
(5) name and address of the certified farmers market where the vendor will operate; and
(6) other information reasonably required by the health authority.
(G) Upon receiving the application with the fee set forth by council for a farmers market vendor permit under this section, the health authority may approve the application for a farmers market vendor. A farmers market vendor permit is effective for one year from the date of issuance.
(H) An applicant for a certified farmers market permit shall submit the application to the health authority not later than the 10th day before the effective date for which the permit is sought.
(I) An application for renewal of a farmers market vendor permit must be received by the department, accompanied by the applicable fee, at least 10 days before the expiration date of the previous permit. All information provided in a renewal application must be current and valid.
(J) A person operating under a farmers market vendor permit shall promptly display the original farmers market vendor permit where it is readily visible to consumers or as designated by the health authority.
(K) In the event the health authority determines that the vendor booth of the applicant does not comply with the provisions of this section or other City ordinances, the health authority shall disapprove such application for issuance or renewal of a farmers market vendor permit.
(L) An applicant who has been refused a farmers market vendor permit or renewal of a farmers market vendor permit may, within ten days, appeal to the health authority by filing a copy of such application, the application's denial and requesting the health authority grant a hearing to overrule the action.
(M) A cottage food production operation, as that term is defined in Chapter 437 of the Texas Health and Safety Code, is exempt from the permit requirements of this section.
(N) A farmers market or farmers market vendor booth that is conducting a cooking demonstration, or providing samples of food, for a bona fide educational purpose is exempt from applying for a permit under this section and paying permit fees described in Section 10-3-64 (Permit Fees).
(O) Notwithstanding any other provision to the contrary, a farmers market vendor may prepare and distribute samples of farm produce only, at a farmers market, if the farmers market vendor complies with the sanitary conditions in Section 437.020(c) of the Texas Health and Safety Code.
(P) A farmers market vendor may conduct a cooking demonstration only if the vendor verifies in writing with the farmers market at which the vendor is conducting the demonstration that the farmers market is in compliance with the establishment operator requirements of Section 437.0203(c) of the Texas Health and Safety Code and the vendor complies with all other requirements of Section 437.0203 of the Texas Health and Safety Code.
(Q) A person may provide samples, or conduct a cooking demonstration, for a bona fide educational purpose.
Source: Ord. 20131024-016; Ord. No. 20151008-011, Pt. 10, 10-19-15; Ord. No. 20190919-042, Pt. 2, 9-30-19; Ord. No. 20221013-029, Pt. 2, 10-24-22.
Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT10PUHESESA_CH10-3FOFOHA_ART4MOFOESCEFAMAVE_S10-3-97PEREFetched: 10/27/2026