PERMIT

Houston Code of Ordinances ch. 40, art. XI, div. 2

in effect

Houston Code of Ordinances § 40-262 Required.

Sec. 40-262. - Required. It shall be unlawful for any person who is not a permittee to sell merchandise or food on the sidewalks in the theater/entertainment district. (Ord. No. 91-1168, § 1, 8-14-91; Ord. No. 2023-238, § 5, 4-12-2023)

Houston Code of Ordinances § 40-263 Application and accompanying documents generally.

Sec. 40-263. - Application and accompanying documents generally. Any person desiring to obtain a permit to sell merchandise or food on the sidewalks in the theater/entertainment district shall file an application with the director on a form prescribed by the director for that purpose. The application shall set forth the following information and be accompanied by the following documents: (1) The name, mailing address, street address (if different), and telephone number of the applicant, together with a statement as to whether the applicant is an individual, a partnership, or a corporation, and if a partnership, the names of all general partners or if a corporation a copy of the articles of incorporation; (2) A map showing the proposed location of the specific site(s) desired. The applicant may either designate one site for twenty-four hour use or designate two sites, with one site designated as the daytime site with hours of operation between 7:00 a.m. until 5:00 p.m. and the other site designated as the night time site with hours of operation between 5:01 p.m. until 6:59 a.m.; (3) The written permission of the abutting fee owner for the use of the site(s); (4) A statement whether the applicant desires a permit as a food vendor or merchandise vendor; (5) If the applicant seeks a permit as a food vendor or a merchandise vendor, then proof that the sales of merchandise or food will be covered by comprehensive general liability insurance with limits of not less than $100,000.00 for death of or injury to one person and $300,000.00 for death of or injury to more than one person and $25,000.00 for property damage, per occurrence, which policy shall name the city as an additional insured, and shall provide that ten days' prior notice be given to the director in the event of cancellation; (6) A description of the nature, size, and manner of construction of any carts or racks, or other display equipment to be utilized by the applicant which shall be subject to review to ensure that the same will not pose a hazard to vehicular or pedestrian traffic; (7) A food vendor applicant shall provide proof that the mobile food unit has a current and valid mobile food service unit medallion issued under section 20-37 of this Code; (8) A food vendor applicant shall state whether his operations will be limited to "restricted operations" as defined in section 20-22 of the City Code. If not, then the applicant shall also provide proof that he holds a current and valid food dealer's permit issued under chapter 20 of this Code; (9) A food vendor applicant shall state whether the mobile food unit will be fueled by liquefied petroleum gas. If so, the applicant shall provide proof that he holds a current and valid permit for the use of liquefied petroleum gas on the mobile unit issued pursuant to Chapter 61 of the Fire Code; and (10) A food vendor applicant shall provide a photograph or graphic representation accurately depicting the unit and a general written description of the unit and shall demonstrate that the unit meets all of the same special requirements that are applicable to mobile food units used by licensed park vendors as specified in section 20-22 of this Code. (Ord. No. 91-1168, § 4, 8-14-91; Ord. No. 95-279, § 12, 3-15-95; Ord. No. 2021-1037, § 20(Exh. I.43), 12-1-2021, eff. 4-1-2022; Ord. No. 2023-238, § 6, 4-12-2023)

Houston Code of Ordinances § 40-264 Fees.

Sec. 40-264. - Fees. Each application shall be accompanied by the applicable nonrefundable fees stated for this provision in the city fee schedule. (Ord. No. 91-1168, § 4, 8-14-91; Ord. No. 2011-1168, § 13, 12-14-2011)

Houston Code of Ordinances § 40-265 Permit—Issuance or denial.

Sec. 40-265. - Permit—Issuance or denial. (a) Within ten days of receipt of a permit application, the director shall grant or deny the requested permit and give written notice to the applicant of the decision. (b) The director shall issue a permit to the applicant on a first applied, first issued basis unless one or more of the following conditions exist: (1) The applicant failed to supply all of the information requested on the application; (2) The applicant gave materially false, fraudulent, or untruthful information on the application; (3) The applicant has not fully complied with all state, federal, and local laws or regulations affecting the conduct of its businesses; (4) Houston Public Works determines that the application should be denied on the basis of the review conducted under section 40-268 of this Code; or (5) The application or the applicant does not meet any other requirement of this Code. (c) In the event that the director determines that an application should be denied, the applicant shall be given notice in writing of the reasons for the denial. An applicant may appeal the decision of the director regarding such denial by filing a written request for a hearing with the director within ten days after he is given notice of such denial. The director's decision on the application shall be final unless an appeal is timely filed. An appeal shall not stay the director's decision on the issuance of a permit. The applicant's written request for a hearing shall set forth the grounds on which the denial is challenged. The hearing shall be conducted by the city's director of administration and regulatory affairs or his designee who shall act as the hearing official under this article. The hearing official shall not have participated in any investigation or decision relating to the denial of the permit. At the hearing, the hearing official shall receive oral and written evidence regarding the application. Hearings shall be conducted under rules issued by the director of administration and regulatory affairs which shall be consistent with the nature of the proceedings and shall ensure that each party may present evidence, cross-examine witnesses, and be represented by legal counsel. (d) The hearing official shall conduct the hearing within ten days after receipt of the applicant's written request for a hearing, unless the applicant requests an extension in writing. The hearing official shall render written decision and issue notice thereof, to the applicant within five days after the conclusion of the hearing. The written decision of the hearing official shall be final. (e) Failure of the director to give timely notice of his action on an application or failure of the hearing official to timely conduct or give notice of his decision on an appeal from the director's decision, shall entitle the applicant to the issuance of a temporary permit upon written demand therefor filed by the applicant with the director. Such a temporary permit shall only be valid until the third day after the director gives notice of his action on the application or the hearing official gives notice of his decision on the appeal, as applicable. (Ord. No. 91-1168, § 4, 8-14-91; Ord. No. 93-514, § 84, 5-5-93; Ord. No. 08-52, § 72, 1-16-08, eff. 1-26-08; Ord. No. 2018-11, § 50, 1-10-2018)

Houston Code of Ordinances § 40-266 Same—Revocation.

Sec. 40-266. - Same—Revocation. (a) The director shall have the authority to revoke a permit for any one or more of the following reasons: (1) The permittee gave materially false, fraudulent, or untruthful information on the application; (2) The permittee failed to fully comply with all state, federal, and local laws or regulations affecting the conduct of its business; (3) The permit was issued in error; (4) The permittee has failed to follow the direction of the director or any peace officer of the city to temporarily vacate a site until any undue vehicular and pedestrian traffic congestion or any other unsafe condition was abated; (5) The permittee has violated any other provision of this article; (6) The activities of the permittee are not being conducted in the manner described in the application; (7) That the insurance required in section 40-263 has expired or been cancelled without renewal or replacement; or (8) The written permission of the abutting fee owner for the use of the site(s) has been revoked. (b) Prior to revocation of a permit, the director shall investigate the grounds alleged to determine whether probable cause for revocation may exist and, if so, shall notify the permittee in writing of reasons for the proposed revocation and grant such permittee the opportunity to appear before a hearing official to be designated by the director of administration and regulatory affairs at a time and place specified within such notice. The hearing official designated shall not have participated in any investigation of the alleged grounds for the revocation. Such hearing shall be held not less than ten days after the notice is given. Hearings shall be conducted under rules issued by the director of administration and regulatory affairs. Such rules shall be consistent with the nature of the proceedings and shall ensure that each party may present evidence, cross-examine witnesses, and be represented by legal counsel. If, after the hearing, the hearing official finds that the permit should be revoked, he shall issue a written order revoking such permit which shall be effective on the third day after notice thereof is given to the permittee. The written decision of the hearing official shall be final. (Ord. No. 91-1168, § 4, 8-14-91; Ord. No. 08-52, § 73, 1-16-08, eff. 1-26-08; Ord. No. 2023-238, § 7, 4-12-2023)

Houston Code of Ordinances § 40-267 Other permit provisions.

Sec. 40-267. - Other permit provisions. (a) A permit shall be valid only for the use of the site(s) stated thereon and must be maintained and prominently displayed at the site(s) at all times while in use. (b) All activities by permittees will be conducted upon the designated site(s); provided however, that if the director of parks and recreation grants approval for a special event in a city park that is located within the theater/entertainment district and a permittee has selected a site(s) in or within 100 feet of the boundaries of that park, then the permittee agrees that upon notice by an employee of the parks and recreation department of that park event, for the duration of that park event, he shall suspend his operations at that site(s) during the time that the park event is occurring and select an alternative site(s) subject to any approval herein required and located outside of 100 feet of the boundaries of that park. (c) The permittee shall not install, erect, or maintain any signs on the sidewalk except in the case of food vendors, those permitted on the unit itself. (d) Sites for mobile food units and merchandise vendors shall be at least 20 feet apart. (e) The size and location of sites must be such that they will not pose a hazard to vehicular or pedestrian traffic. (f) The permittee shall not install any permanent improvement on the sidewalk. (g) In the event that activities at any site should cause undue vehicular and pedestrian traffic congestion or any other unsafe condition, then the director or any peace officer of the city may direct the permittee to temporarily vacate the site until the situation has abated, and the permittee shall comply. (h) All equipment and materials shall be removed from the site at any time that the permittee is not physically present upon the site. If equipment and materials are left unattended, they may be removed. The permittee shall then be liable for all reasonable removal and storage charges. (i) Sales of food or merchandise shall be made only to pedestrians. No food or merchandise shall be offered or sold to any occupant of any vehicle. (j) Permittees shall remain within their sites and shall not hawk their merchandise or services in any manner, but may respond to inquiries about their merchandise or services. (k) The permittee shall maintain records of daily gross sales, purchases, and expenses of or from the unit and those records shall be available for inspection by the director upon request. These records need not be available on the unit itself. (l) The permittee shall be responsible for supervising the conduct of its patrons and employees. (m) The permittee and his employees shall wear clean outer garments and shall refrain from smoking and eating during working hours. (n) A permit shall only be valid for the purpose described in the application. (o) A permit may be canceled upon written request of the permittee and surrender of the permit itself to the director. The surrender of a permit shall be effective upon its filing in the office of the director. (p) A permit shall be personal to the permittee and may not be transferred or assigned. (q) The permittee shall update and supplement the information provided as a part of his application to ensure that it remains true and correct at all times. (Ord. No. 91-1168, § 4, 8-14-91; Ord. No. 2023-238, § 8, 4-12-2023)

Houston Code of Ordinances § 40-268 Referral to other departments.

Sec. 40-268. - Referral to other departments. Each application shall be reviewed by Houston Public Works under the criteria of subsections (c), (d), and (e) of section 40-267 of this Code and item (6) of section 40-263 of this Code, referred to the department of parks and recreation for review under the criterion of subsection (b) of section 40-267 of this Code, and referred to the Houston Health Department for review under the criteria of items (7), (8), (9), and (10) of section 40-263 of this Code and subsection (d) of section 40-269 of this Code. (Ord. No. 91-1168, § 4, 8-14-91; Ord. No. 93-514, § 85, 5-5-93; Ord. No. 04-1015, § 31, 9-27-04; Ord. No. 2015-820, § 34, 8-26-2015; Ord. No. 2018-11, § 50, 1-10-2018; Ord. No. 2023-238, § 9, 4-12-2023)

Houston Code of Ordinances § 40-269 Food vendors—Additional conditions for permits.

Sec. 40-269. - Food vendors—Additional conditions for permits. A food vendor's permit shall be further subject to the following conditions and may be suspended or revoked for failure to comply with any one of them: (a) The permittee shall maintain the unit in good repair and keep it free from defects that may present a hazard to life or property. (b) The permittee shall make the unit available for inspection by the director or the health officer or their representatives at any time while the unit is in operation. No notice prior to such an inspection shall be required. (c) The permittee shall thoroughly clean the unit and drain and flush the liquid waste tanks each day the unit is operated. (d) A food vendor applicant shall provide a description of all foods to be sold and the proposed hours of operation. (e) The permittee 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 labelling news. The unit itself and the permittee must meet all applicable requirements for the operation of mobile food units and food establishments as set out in chapter 20 of the City Code at all times. (f) In addition to the marking requirements of chapter 20 of the City Code, each unit shall be clearly marked with the name and phone number of the permittee and the phone number of the Houston Health Department. (g) The permittee shall serve, store, and display his food on or in the unit 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 unit. (h) The permittee shall not leave the unit unattended. If the unit is left unattended, it may be towed. The permittee shall then be liable for all reasonable towing and storage charges. (i) The permittee shall not use the unit or allow anyone else to use the unit to sell, distribute, or give away any foods other than those stated in the application for the permit. The permittee is not authorized to and shall not sell any non-food items. (j) The permittee shall keep the area within 25 feet of the unit clean and free of litter at all times. The litter receptacle on the unit 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. (k) The permittee shall not make any structural alteration of the unit without giving 30 days' advance written notice to the city. (Ord. No. 91-1168, § 4, 8-14-91; Ord. No. 2015-820, § 34, 8-26-2015)

Houston Code of Ordinances § 40-270 Same—Unsafe or unhealthful conditions.

Sec. 40-270. - Same—Unsafe or unhealthful conditions. 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 permittee 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 three business days after the issuance of that order. (Ord. No. 91-1168, § 4, 8-14-91)

Houston Code of Ordinances § 40-271 Automatic suspension.

Sec. 40-271. - Automatic suspension. Suspension, revocation, or expiration of a permittee's food dealer's permit, mobile food service unit medallion, or required insurance coverage shall result in the automatic suspension of the permit granted hereunder without further action on the part of the city. Such suspension shall remain in effect until the permittee's food dealer's permit, mobile food service unit medallion, or insurance, as applicable are restored. (Ord. No. 91-1168, § 4, 8-14-91)

Houston Code of Ordinances § 40-272 Issuance of regulations.

Sec. 40-272. - Issuance of regulations. Consistent with the provisions of this Code, the director may issue regulations pertaining to the administration of this article, including but not limited to the submission of applications. A copy of such regulations shall be maintained on file for inspection at the office of the director. Copies of such regulations may be obtained upon payment of the copying fees prescribed by law. (Ord. No. 91-1168, § 4, 8-14-91)

Houston Code of Ordinances § 40-273 Notices.

Sec. 40-273. - Notices. (a) Any notice required or permitted to be given by the director or any other city office, division, department, or other agency under this article to any applicant or permittee may be given either by personal delivery or by certified United States mail, postage prepaid, return receipt requested, addressed to the most recent address as specified in the application for the permit or permit renewal which has been received by the director, or any notice of address change which has been received by the director. Notices mailed as above shall be deemed given upon their deposit in the United States mail. (b) Any notice required or permitted to be given to the director by any person under this article shall not be deemed given until and unless it is received in the office of the director at the time and in the manner provided for filing applications in section 40-263 of this Code. (c) It shall be the duty of each applicant and permittee to furnish notice to the director in writing of any change of residence or mailing address. (Ord. No. 91-1168, § 4, 8-14-91)

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_CH40STSI_ARTXISISA_DIV2PEFetched: 10/26/2026