HomeMy WebLinkAboutItem 09 - MFU'sPART II - CODE OF ORDINANCES
Chapter 12 - HEALTH AND SANITATION
ARTICLE I. FOOD ESTABLISHMENTS
Grapevine, Texas, Code of Ordinances Created: 2024-07-22 16:35:32 [EST]
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EXHIBIT 1: STRIKETHROUGH/UNDERLINE
ARTICLE I. FOOD ESTABLISHMENTS1
DIVISION 1. GENERALLY
Sec. 12-1. Purpose.
The purpose of these rules is to safeguard public health and provide to consumers food that is safe,
unadulterated, and honestly presented.
(Ord. No. 2002-58, § 2, 8-20-02)
Sec. 12-2. Designation of health authority.
The city designates Tarrant County Public Health as its health authority for the purpose of ensuring minimum
standards of environmental health and sanitation within the scope of that department's function.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2004-27, § 2, 4-20-04; Ord. No. 2023-077, § 2, 11-7-23)
1Editor's note(s)—Ord. No. 2002-58, and § 2, adopted Aug. 20, 2002, deleted former art. I, §§ 12-1—12-9 in its
entirety, and added new arts. I—V. Formerly, art. I pertained to general provisions, and derived from the
following ordinances:
Ord. No. Adoption
Date
68-38 12- 3-68
69-30 8-19-69
73-30 8- 7-73
83-28 6- 7-83
83-71 11- 1-83
85-46 9-17-85
88-02 1- 5-88
Ord. No. Adoption
Date
90-56 9- 4-90
91-42 7- 2-91
91-44 7-16-91
91-49 8- 6-91
95-22 4- 4-95
95-69 9- 5-95
99-21 3- 2-99
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Sec. 12-3. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings as ascribed to
them in this section, except where the context clearly indicates a different meaning:
Adulterated food: A food containing any poisonous or deleterious substance as specified in the V.T.C.A.,
Health and Safety Code § 431.081.
Approved: Acceptable to health services based on a determination of conformity with principles, practices,
and generally recognized standards that protect public health.
Beverage: A liquid for drinking, including water.
Building official: The officer or other designated authority charged with the administration and enforcement
of this code, or the building official's duly authorized representative.
Consumer: A person who is a member of the public, purchases and takes possession of food, is not
functioning in the capacity of an operator of a food establishment or food processing plant, and does not offer the
food for resale.
Department: The Texas Department of Health.
Easily cleanable: A characteristic of a surface that allows effective removal of soil by normal cleaning
methods; is dependent on the material, design, construction, and installation of the surface; and varies with the
likelihood of the surface's role in introducing pathogenic or toxigenic agents or other contaminants into food based
on the surface's approved placement, purpose, and use.
Employee: Any person manufacturing, packaging, producing, processing, storing, selling, offering for sale,
vending, preparing, serving, or handling any food in a food establishment.
Food: A raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or
for sale in whole or in part for human consumption, or chewing gum.
Food establishment: An operation that stores, prepares, packages, serves, or otherwise provides food for
human consumption such as: a food service establishment; retail food store; satellite or catered feeding location;
catering operation, if the operation provides food directly to a consumer or to a conveyance used to transport
people; market; remote catered operations; conveyance used to transport people; institution; or food bank; and
that relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home
delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.
Food handler: Any person who prepares, serves, packages or handles open food or drink, or who handles
clean utensils, pots, pans, or single-service items.
Food supply center: A commercial food service operation where food, food containers, or food supplies are
kept, handled, prepared, packaged, or stored. It cannot be a residential kitchen and is maintained in accordance with
state regulations.
Health services: Tarrant County Public Health.
Nonprofit facility:
(1) All government entities and political subdivisions and public school districts.
(2) Organizations chartered under the Texas Non-Profit Corporation Act.
(3) Operations exempted by Internal Revenue Code section 501C.
Mobile food establishment: A self-contained food service operation that is mounted on a vehicle, either self-
propelled or otherwise, and is designed to be mobile. It can be used to store, prepare, display, serve or sell food. It
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must be able to always move, does not include a stand or booth. A vehicle mounted food establishment designed
to be readily moveable (includes a push cart).
Packaged: Bottled, canned, cartoned, securely bagged, or securely wrapped, whether packaged in a food
establishment or a food processing plant. The term does not include a wrapper, carryout box, or other non-durable
container used to containerize food with the purpose of facilitating food protection during service and receipt of
the food by the consumer.
Permit: The document issued by health services that authorizes a person to operate a food establishment.
Permit holder: The entity that is legally responsible for the operation of the food establishment such as the
owner, the owner's agent, or other person; and who possesses a valid permit to operate a food establishment.
Person in charge: The individual present at a food establishment who is responsible for the operation at the
time of inspection.
Temporary food establishment: A food establishment that operates for a period of no more than five
consecutive days in conjunction with a single event or celebration no more than four times a year.
Vending machine: A self-service device that, upon insertion of a coin, paper currency, token, card, or key,
dispenses unit servings of food in bulk or in packages without the necessity of replenishing the device between
each vending operation.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2004-27, § 3, 4-20-04)
Sec. 12-4. Fees.
(a) Health services shall charge fees for food establishments in addition to those charged by the building services
department.
(b) The fees shall be set forth in a schedule adopted by Tarrant County Public Health Department and the city
council.
(c) The fee schedule shall be available to the public at the health services office.
(Ord. No. 2023-077, § 3, 11-7-23)
Editor's note(s)—Ord. No. 2023-077, §§ 3 and 4, adopted November 7, 2023, amended the Code by adding a new §
12-4, and renumbering former § 12-4 as a new § 12-5.
DIVISION 2. AMENDMENTS/ADMINISTRATION
Sec. 12-5. Regulations adopted and amendment standards.
The provisions of the current rules or rules as amended are herein adopted together with the additions,
deletions, and amendments hereinafter contained in 25 Texas Administrative Code, Chapter 228.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2023-077, § 4, 11-7-23)
Note(s)—Former § 12-4. See editor's note, § 12-4.
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Sec. 12-6. Food handler card required.
(a) Every food service employee shall within 30 days of the date of employment, be the holder of a current valid
food handler card, issued by health services.
(b) No person who owns, manages or otherwise controls any food service establishment shall permit any food
service employee to come in contact with any defined food related areas if the employee does not within 30
days after employment possess a current valid food handler card issued by health services.
(c) Every food service or food establishment shall have available on the premises at all times the food handling
card of each employee for inspection, and if requested, shall provide the Tarrant County Public Health with
documentation of the date of employment of any employee of the establishment.
(d) Temporary food service establishments operated in conjunction with a special event shall be exempt from
this required food handler's card.
(e) Every card issued shall remain effective for a period of three years at the discretion of health services and
may be renewed upon successful completion of additional approved refresher courses and payment of
renewal fees. Food handler cards are the property of the person named thereon and must be returned by
employers to such person upon cessation of employment.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2004-27, § 4, 4-20-04; Ord. No. 2023-077, § 5, 11-7-23)
Editor's note(s)—Ord. No. 2023-077, § 5, adopted November 7, 2023, amended the Code by renumbering former
§§ 12-5—12-20 as new §§ 12-6—12-21.
Sec. 12-7. Food handling class required; food handler card.
In order to receive a food handler card, every person owning, employed by, or otherwise connected with a
food establishment whose work brings him/her into contact with food, utensils or food service equipment shall be
required to attend a food handling class held by health services before a food handler card will be issued. An
approved food management protection training program as required by V.T.C.A., Health and Safety Code ch. 438,
subch. D, as amended, may be substituted for the course provided by the Tarrant County Public Health.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2004-27, § 5, 4-20-04; Ord. No. 2023-077, § 5, 11-7-23)
Note(s)—Former § 12-6. See editor's note, § 12-6.
Sec. 12-8. Food establishments permits required.
(a) No person shall operate a food establishment without a current, valid food establishment permit issued by
health services.
(b) A separate permit shall be required for every food establishment with separate and distinct facilities and
operations, whether situated in the same building or at separate locations. Separate and distinct lounge
operations within a food establishment that are in addition to food operations require a separate permit
(inclusive of bars, deli(s) or like businesses).
(c) Permits issued under the provisions of this article are not transferable. A permit shall be valid for the period
of time shown on the face of the permit, unless earlier suspended or revoked by health services.
(d) The application for a new or a renewed permit shall be made on an application form prescribed by health
services.
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(e) The application shall require the applicant's name, type of business organization, the name and address of
the owner or principal officer of the business, the nature of the business, the location of the business, and
such other information as health services deems necessary.
(f) Applications for permits for mobile food units or temporary event establishments which operate from a fixed
food facility located outside of the city shall have correct truck registration, insurance, and valid/current
driver's license information for each vehicle and each driver. Refer to Sec. 12-21. Mobile Food Units for more
requirements.
(g) A temporary food/event establishment permit shall be required and daily inspections shall be required.
(h) Health services shall not renew an expiring or expired permit until the owner or operator of the food
establishment provides proof of compliance with current minimum health requirements.
(i) Upon change of ownership of a business, the new owner shall be required to meet current food
establishment standards as defined in this Code and state law before a permit will be issued by health
services.
(j) The following types of establishments are exempt from the requirements of this article:
(1) Group homes;
(2) Establishments selling only commercially packaged, non-potentially hazardous foods;
(3) Vending machines;
(4) Facilities operated by nonprofit organizations for their members, families, and invited guests. Facilities
are not exempt when food service is provided in conjunction with a child care facility, retirement,
center, hospital, school, indigent feeding program or public fundraising events; and
(5) Private schools that do not have a kitchen.
(k) Criminal offenses.
(1) A person commits an offense if the person knowingly owns, operates, or is in control of a food
establishment that is operating without a valid food permit.
(2) A person commits an offense if the person owns or operates a food establishment and knowingly fails
to post and maintain a permit.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2023-077, § 5, 11-7-23)
Note(s)—Former § 12-7. See editor's note, § 12-6.
Sec. 12-9. Classification of permits.
(a) Food establishment permits shall be classified according to the duration of operation and location of such
operation.
(b) The duration of a permit shall fall within one of three categories; annual, temporary, or seasonal, as follows:
(1) Annual. An establishment that operates throughout the year.
(2) Temporary. An establishment that operates five consecutive days/or fewer, in conjunction with a
special event no more than four times a year.
(3) Seasonal. An establishment that operates no more than six weekends consecutively, two times each
year, and not associated with a special event. Establishment shall be issued one permit two times per
year, with permission from primary business location and operate as secondary only to primary
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business location with current and valid certificate of occupancy and during normal business hours. No
seasonal permits shall be issued for any residential zones.
(c) The location classification of a permit shall fall within one of two categories, either fixed or mobile, as
follows:
(1) Fixed food establishments.
a. Food service establishment—Restaurants, cafeterias, snack bars, bakeries, snow cone stands,
caterer's commissaries, private school cafeterias, halfway house food services, hospital
kitchens/cafeterias, institutional food services, etc., where food is prepared and served.
b. Retail food stores handling prepackaged, potentially hazardous foods.
c. Retail food stores handling, processing or selling open foods.
d. Food warehouses/wholesalers.
e. Bars/lounges.
(2) Mobile food units.
a. Retail food unit handling prepackaged food.
b. Retail food unit (including trucks, trailers, mobile barbecues, snowcone units, etc.) handling,
processing or selling open food. A separate permit is required for each different type of mobile
unit owned or operated by an individual or company.
c. Any person or firm who operates a mobile food unit or a mobile food establishment as defined in
this article shall not operate such unit or establishment within one block of any block containing
an elementary or junior high public or private school.
d. Only food items previously approved by health services may be sold on a mobile food unit. Non-
food items such as toys, fireworks, or any hazardous substances such as stink bombs are
prohibited.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2023-077, § 5, 11-7-23)
Note(s)—Former § 12-8. See editor's note, § 12-6.
Sec. 12-10. Permits—Authority to issue.
Health services is hereby authorized to issue permits to any person or firm making application for a food
establishment permit, food handler permit, mobile food establishment or a temporary food establishment permit
in the city; provided that only a person or firm that complies with the requirements of this article shall be entitled
to receive and retain such permit.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2023-077, § 5, 11-7-23)
Note(s)—Former § 12-9. See editor's note, § 12-6.
Sec. 12-11. Permits—Application.
(a) Application for such permit as required by this article in section 12-7(a) shall be made in writing to health
services upon forms prescribed and furnished by health services.
(b) A food establishment permit plan review fee shall be due for each food establishment that requires plans to
be submitted according to section 12-7.
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(c) A food establishment permit application fee shall be due for each food establishment that requires a new
food establishment permit due to change of ownership, change in type of operation, or revocation, and a
new application shall be made for a permit as required by section 12-7(a). Whenever a new food
establishment permit is required, health services shall inspect the food establishment prior to beginning
operation to determine compliance with requirements of this article.
(d) Failure to provide all required information, or falsifying information required on the application, may result
in denial or revocation of the permit.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2023-077, § 5, 11-7-23)
Note(s)—Former § 12-10. See editor's note, § 12-6.
Sec. 12-12. Review of plans.
(a) Submission of plans. Whenever a food service establishment is constructed or remodeled and whenever an
existing structure is converted to use as a food service establishment, properly prepared plans and
specifications for such construction, remodeling or conversion shall be submitted to the City of Grapevine
Building Department for review and approval before construction, remodeling or conversion is to begin. The
plans and specifications shall indicate the proposed layout, arrangement, mechanical plans and construction
materials of work areas, and the type and model of proposed fixed equipment and facilities. The building
department shall approve the plans and specifications if they meet the requirements of these rules. No food
service establishment shall be constructed, remodeled or converted except in accordance with plans and
specifications approved by the building department.
(b) Pre-operational inspection. Whenever plans and specifications are required by subsection (a) of this section
to be submitted to the building department, the building department shall inspect the food service
establishment prior to its beginning operation to determine compliance with the approved plans and
specifications and with the requirements to these rules.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2023-077, § 5, 11-7-23)
Note(s)—Former § 12-11. See editor's note, § 12-6.
Sec. 12-13. Posting of food establishment and temporary food establishment permits.
Every permit holder or person in charge shall at all times have available on display in public view the food
establishment permit, mobile food establishment permit, or temporary food establishment permit.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2023-077, § 5, 11-7-23)
Note(s)—Former § 12-12. See editor's note, § 12-6.
Sec. 12-14. Permits—Duration.
(a) Any food establishment permit or mobile food unit permit granted under the provision of section 12-78(a)
shall remain in full force and effect 12 months from the date of issuance as long as the annual food
establishment permit fee is paid and unless said permit is denied, suspended or revoked for cause. A food
establishment permit that lapses for non-payment of the annual food establishment permit fee will be re-
instated upon payment of a re-instatement fee, except that permits lapsed for more than three months may
not be re-instated.
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(b) An exception to paragraph (a) above is that a temporary food establishment permit shall remain in full force
and effect for a period of time not more than five consecutive days from date of issuance in conjunction with
a single event or celebration unless suspended or revoked for cause.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2023-077, § 5, 11-7-23)
Note(s)—Former § 12-13. See editor's note, § 12-6.
Sec. 12-15. Permits—Non-transferable.
Every permit issued under the provisions of this ordinance shall be non-transferable, non-refundable, and at
health services discretion. A food establishment or temporary food establishment permit shall permit the
operation of the establishment only at the location, for the type of food service, and for the permit holder for
which granted.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2023-077, § 5, 11-7-23)
Note(s)—Former § 12-14. See editor's note, § 12-6.
Sec. 12-16. Inspection frequency.
(a) An inspection of a food service establishment shall be performed at least twice annually and shall be
prioritized based upon assessment of a food establishment's compliance and potential of causing food borne
illness according to the Texas Food Establishment Rules.
(b) Additional inspections of the food establishment shall be performed as often as necessary for the
enforcement of this article.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2023-077, § 5, 11-7-23)
Note(s)—Former § 12-15. See editor's note, § 12-6.
Sec. 12-17. Inspections regulations.
(a) Health services may enter premises or vehicles regulated by this article at all reasonable times whenever it is
necessary to make an inspection to enforce any of the provisions of this article or other laws regulating food,
to inspect permits, certificates, and other records required by this article and state and federal laws
regulating food, to collect samples of food and other substances as may be necessary for the detection of
unwholesomeness or adulteration, or whenever probable cause exists to believe that a violation of this
article or other laws regulating food exists.
(b) Health services shall first present credentials and demand entry if the premises are occupied. If the premises
are unoccupied, the inspector shall first make a reasonable attempt to locate the owner, operator or other
person in control of the premises and demand entry.
(c) If entry is denied or if a person in control cannot be located, health services shall have every recourse
provided by law to secure entry, including obtaining a search warrant.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2023-077, § 5, 11-7-23)
Note(s)—Former § 12-16. See editor's note, § 12-6.
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Sec. 12-18. Examination and condemnation of food generally.
Food may be examined or sampled by health services as often as necessary for enforcement of these rules.
Health services, upon written notice to the owner or person in charge specifying with particularity the reasons
therefore, may place a hold order on any food which it believes is in violation of Texas Food Establishment Rules.
Health services shall tag, label, or otherwise identify any food subject to the hold order.
No food subject to a hold order shall be used, served, or moved from the establishment. Health services shall
permit storage of the food under conditions specified in the hold order, unless storage is not possible without risk
to the public health, in which case immediate destruction shall be ordered and accomplished. The hold order shall
state that a request for hearing may be filed within ten days and that if no hearing is requested the food shall be
destroyed. A hearing shall be held if so requested, and on the basis of evidence produced at that hearing, the hold
order may be vacated, or the owner or person in charge of the food may be directed by written order to denature
or destroy such food or to bring it into compliance with the provisions of these rules.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2023-077, § 5, 11-7-23)
Note(s)—Former § 12-17. See editor's note, § 12-6.
Sec. 12-19. Procedure when infection is suspected.
When health services has reasonable cause to suspect the possibility of disease transmission from any food
service establishment employee, it may secure morbidity history of the suspected employee or make any other
investigation as may be indicated and shall take appropriate action. Health services may require any or all of the
following measures:
(1) The immediate exclusion of the employee from all food service establishments;
(2) The immediate closing of the food service establishment concerned until, in the opinion of health
services, no further danger of disease outbreak exists;
(3) Restriction of the employee's services to some area of the establishment where there would be no
danger of transmitting disease; and
(4) Adequate medical and laboratory examination of the employee, of other employees and of his and
their body discharges.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2023-077, § 5, 11-7-23)
Note(s)—Former § 12-18. See editor's note, § 12-6.
Sec. 12-20. Remedies.
(a) Penalties. Any person who violates a provision of these rules and any person who is the permit holder of or
otherwise operates a food service establishment that does not comply with the requirements of these rules
and any responsible officer of that permit holder or those persons shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be fined in an amount not to exceed $2,000.00 for violations of provisions
governing public health and sanitation for each offense. Each day that such violation shall continue shall be
deemed a separate and distinct offense and shall be punished as such.
(b) Injunctions. Health services may seek to enjoin violations of these rules.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2023-077, § 5, 11-7-23)
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Note(s)—Former § 12-19. See editor's note, § 12-6.
Sec. 12-21. Additional requirements for mobile food units mobile ice cream vendors and
other vehicles vending products to children.
A. Mobile food units are subject to the following regulations:
a. All mobile food units operating in the City of Grapevine must first obtain certificates and permits
from the City of Grapevine Planning Services Department, Fire Prevention Office and health
services. The certificate to operate and permits must be kept in the unit and visually always
displayed to the public.
b. All mobile food units operating within the City of Grapevine must have a State of Texas sales and
use tax permit. Operators who sell taxable items are responsible for collecting and reporting state
and local sales and use tax to the Texas Comptroller of Public Accounts. The report should be based
on the location of the mobile food unit where taxable sales occurred. To ensure that the City of
Grapevine receives its portion of the local sales and use tax generated from taxable sales made by
the mobile food unit within the city, the mobile food unit owner/operator must use the
jurisdiction’s name and local code when reporting sales and use tax for taxable items sold in
the city.
c. All mobile food units except for ice cream trucks, shall not operate within public rights-of-way.
d. The City of Grapevine reserves the right to deny a mobile food unit permit to any owner/operator
or property for any reason.
B. Mobile food unit certificate to operate required (Certificates are non-transferable):
a. Written permission (letter or email) from the property owner(s) or their agent or designee,
allowing the operation of a mobile food unit and their customers’ access to a commercially
plumbed public restroom on-site.
b. Information about the person responsible for the Mobile Food Unit, including their name, legal
address, phone number, and email address, and including:
i. The address of the unit's food supply center;
ii. The address where the unit is stored overnight;
iii. The location where food, food containers, or food supplies are kept, handled, prepared,
packaged, or stored;
iv. The legal address where the unit is maintained and cleaned; and
v. The legal address where waste, including wastewater and grease, is disposed of.
c. Detailed route and service locations (properties), including dates and time windows of service.
This information includes the person responsible for each property, their name, legal address,
phone number, and email address.
d. Detailed site layout depicting the location of the mobile food unit on the property(ies). Minimum
information on the site layout must include:
i. Indicate the location of the proposed mobile food unit and all existing structures on the
lot;
ii. Property boundaries with lot dimensions;
iii. Street location name(s);
iv. North arrow;
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v. Dimensions of Unit, length, width, and height of the food unit;
vi. Entry/Exit Points, locations of all customer and staff entry/exit points;
vii. Area for solid waste collection;
viii. Layout of tables and chairs for customer seating (if applicable);
ix. Location of nearby restrooms for staff and customers;
x. Traffic flow, pathways for customer foot traffic, including queue lines and service
windows;
xi. Parking area; designated parking for the food unit (if needed); and
xii. Emergency exits, clear paths for emergency evacuation or response.
e. Proof of current health permit and food handler cards from health services.
f. Valid vehicle registration, motor vehicle operator’s license, proof of vehicle liability insurance and
a Texas Sales Tax Permit.
g. Hold harmless agreement if the unit is to be located on City of Grapevine property.
h. Notarized statement by owner that acknowledges and accepts a minimum amount of $1,000,000
liability insurance, that covers the mobile food unit, must be maintained at all times and that proof
of such insurance coverage can be demanded to be provided to the city upon three working days’
notice to the owner.
i. Certificate and Inspection fees.
i. There are three types of certificates of operation for mobile food units consistent with
Subsection 12-8(b) of the Code of Ordinances:
1. Annual $300.00 (this fee can be prorated if the certificate is sought after the
first or the year);
2. Temporary $25.00; and
3. Seasonal $100.00.
C. Alcoholic beverage sales:
a. Alcoholic beverages sales from mobile food units are prohibited.
D. Location, number and site design:
a. All mobile food units must be located on private property being a platted lot, which is
appropriately zoned for commercial development, including “LB”, Limited Business, “CN”,
Neighborhood Commercial, “CC”, Community Commercial District, “GV”, Grapevine Vintage
District, “HC”, Highway Commercial District, “HCO”, Hotel Corporate Office District, “RA”,
Recreation/Amusement District, “LI”, Light Industrial District, and “GU”, Governmental Use
District.
b. Units shall operate on an individually platted lot, where an existing permanent business operates
in a building with a valid certificate of occupancy.
c. No more than three (3) mobile food units may be located on one (1) lot at any time or at the
same location for consecutive weeks unless part of a city-sponsored festival or special event.
d. Mobile food units shall be located within 250 feet of the entrance of a primary building that
holds the certificate of occupancy.
e. No mobile food unit shall be located on a vacant lot.
f. No mobile food units, their merchandise, advertising or seating shall obscure traffic visibility.
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g. No mobile food units operating under this regulation shall be allowed to sell or service food on
any public streets, sidewalk or other public right of way unless approved in writing by the City of
Grapevine as part of a city sponsored festival or special event.
h. Mobile food units and their associated equipment shall not operate in driveways, fire lanes, or
required parking spaces for the buildings on the lot.
i. Mobile food units, including associated seating, may operate in parking spaces on a commercially
zoned, individually platted lot, if the required parking for the center remains in compliance with
parking requirements as set forth in the City of Grapevine’s ordinances.
i. No more than four (4) parking spaces shall be utilized for a mobile food unit or their
associated vehicles or equipment.
j. A single mobile food unit owned and operated by a brick-and-mortar restaurant, brewery,
brewpub, distillery, winery, or golf course is allowed to be parked or stored on the same property
and on an improved surface as indicated on the detailed site layout. It must be located outside of
required parking spaces, fire lanes, and drive aisles. It must also be located a minimum of 100
linear feet from any residentially zoned property or residential use.
k. A mobile food unit may utilize outside seating consisting of a portable table and a maximum
seating capacity of eight (8), within no more than one (1) non-required parking space.
l. All mobile food units shall be equipped with a self-closing lidded, trash receptable. The trash
receptable must be placed outside next to the mobile foot unit for use by the patrons of the unit.
The area around the mobile food unit shall be kept clean and free of litter, garbage, and debris
within a designated space.
m. Mobile food units shall be removed from the lot on a daily basis and may only operate during the
business hours of the primary business and may not be parked for longer than 12 hours. They
may operate no earlier than 7:00 a.m. and no later than 10:00 p.m. Mobile food units can be
located on one site for no more than four (4) events per year and no more than two (2) days per
event per calendar year.
E. Utilities:
a. Water shall be from an internal tank, and electricity shall be from a generator, unless approved
for permanent placement via a conditional use permit approval.
F. Inspections:
a. The city shall have the right to inspect the mobile food unit and the lot it is located on at any time
to ensure compliance.
b. The mobile food unit owner/operator shall submit proof of a current approved mobile food unit
inspection and food handler cards from the heath authority with each new permit and permit
renewal.
G. Prohibitions:
a. A drive-through is not permitted in conjunction with the mobile food unit and shall not provide a
drive-through service of any kind.
b. Temporary connections to potable water, sanitary sewer and electricity are prohibited.
c. No outdoor speakers of any type are permitted to emanate from a mobile food unit or
associated seating and table areas.
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Page 13 of 16
d. No mobile food unit(s) shall be stored or kept in city rights-of-way, on residential properties, in
residential zoning districts, on vacant properties, or within 100 feet of residential/zoned property
within the city limits. Violation of this prohibition will result in fines and the removal of the
mobile food unit.
e. Mobile food units shall not stop, park, store, or operate on South Main Street properties or
within the rights-of-way between the intersections of South Main Street/Northwest Highway and
South Main Street/Dallas Road, or on any adjacent street within 250 feet of South Main Street.
H. Exceptions:
a. Mobile food units participating in a city-approved festival or special event are exempt from the
prohibition on operating on properties along South Main Street or an adjacent street (from
Northwest Highway to Dallas Road, provided they meet the following requirements:
i. Mobile food units must obtain the necessary Temporary Health Permit from health
services and Fire Prevention Permit from the City’s Fire Prevention office prior to
participating in any festival or special event.
ii. The event must be pre-approved by the City as an official festival or special event. The
exception applies only to the dates and locations specified for the event.
iii. All mobile food units must comply with health and safety regulations as outlined in their
temporary permits during the event.
iv. The exception is valid only for the duration of the festival or special event, after which
the prohibition will apply.
b. Private events in a residential district or property, which are not advertised to the public (such as
a birthday or graduation party), are permitted to have one mobile food unit operating during the
event's hours on one day only, and not on a series of days. This is limited to a maximum of two
events per calendar year. The placement of the unit should not obstruct traffic or visibility, and it
must be outside of the public rights-of-way. Additionally, it must adhere to all required sanitation,
health permits, and noise requirements for residential districts and properties.
I. (a) Additional requirement for mobile ice cream vendors, issuance of permit.
(1) All drivers of ice cream trucks and other vehicles vending products to children shall submit a copy of
their driver's license to the city and obtain the permit described in this article before operating such
vehicle.
(2) All permit applicants shall provide proof of automobile insurance according to state law along with the
application.
(3) All applicants shall be subject to a criminal history background check, and shall consent to such check
as a condition of application. A conviction for any offense involving actual or attempted homicide,
kidnapping, assault or assaultive offenses, unlawful sexual conduct or assault, theft (including robbery
or burglary), prostitution or obscenity shall be grounds for disqualification of an applicant.
J. (b) Safety equipment for ice cream trucks.
(1) Signs stating "WATCH FOR CHILDREN" must be provided on the front, back, and both sides of the
vehicle in at least four inch letters of contrasting colors.
(2) The company name, address, and phone number must be on both sides of the vehicle in at least three-
inch letters of contrasting colors.
(3) A serving window, capable of being closed when not in use, must be provided and must be located on
the curbside only.
Created: 2024-07-22 16:35:32 [EST]
(Supp. No. 52)
Page 14 of 16
(4) Left and right outside rear view mirrors as well as two additional outside wide-angle mirrors on the
front and back of the vehicle must be provided to enable the driver to see around the entire vehicle.
(5) Operable yellow or amber flashing hazard lights that are clearly visible not less than 100 yards from the
mobile unit under average daylight conditions shall be provided. Lights must be mounted no more than
12 inches below the mobile unit's roof and must be operational when the truck is in motion. Such lights
shall be mounted no more than 12 inches below the roof of the mobile unit. No fewer than two lights
shall be visible from each approach.
(6) A rear bumper cover shall be installed to prevent children from standing or jumping on the rear of the
vehicle.
K. (c) Vending requirements for mobile ice cream vendors.
(1) Location.
a. Mobile ice cream trucks are permitted to vend in an area for no more than 15 minutes, then they
must move to another location.
b. Mobile ice cream vending is prohibited within City of Grapevine parks except when the
owner/operator has entered into a concessionaire agreement with the Parks and Recreation
Department.
c. Mobile ice cream trucks shall not vend within one block of any block containing an elementary or
junior high school during school hours or within one hour before or after school hours on a day
that school is scheduled to be in session.
d. Mobile ice cream trucks shall not vend within 100 feet from an intersection.
(2) Hours of operation. Mobile ice cream vending may only occur from 10:00 a.m. to one-half hour before
sunset.
(3) Use of sound equipment.
a. Use of sound equipment shall be limited to music or human speech.
b. Sound shall not be audible more than 100 yards from the truck. Sound shall be produced at no
more than 80 dBA.
c. Sound equipment may only be used from 10:00 a.m. until one-half hour before sunset.
d. Sound shall not be broadcast within 100 yards of schools during school hours while school is in
session, or within 100 yards of hospitals, churches, courthouses, funeral homes, or cemeteries.
e. Sound shall be turned off while the vehicle is stopped for vending.
(4) Safety precautions.
a. Drivers shall check around the vehicle before leaving the area to ensure that children are not
remaining. When handing the purchased product to the children, drivers shall make certain
traffic is clear, in case a child leaves the truck immediately and fails to observe the hazard of
oncoming traffic.
b. Child customers shall not be allowed inside the vehicle. This provision shall not apply to children
related to the driver within the third degree of consanguinity or affinity, while riding with the
driver along the sales route.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2007-43, § 2, 8-21-07; Ord. No. 2023-077, § 5, 11-7-23)
Note(s)—Former § 12-20. See editor's note, § 12-6.
Created: 2024-07-22 16:35:32 [EST]
(Supp. No. 52)
Page 15 of 16
DIVISION 3. ENFORCEMENT
Sec. 12-22. Enforcement options.
When the building official or his designee has determined that a violation of this article has occurred or is
occurring, the following remedies are available to health services. The remedies provided for in this section or
elsewhere in this article are not exclusive. Health services may take any, all, or any combination of these actions
against a violator, consecutively or concurrently:
(1) Issuance of a written warning notice, verbal or written;
(2) Issuance of one or more citations;
a. After two (2) citations are issued to a mobile food unit owner/operator due to noncompliance
within a six (6) month period, the mobile food unit permit shall be suspended.
(3) Emergency closure/suspension order;
a. Post and maintain a placard at the entrance of the food establishment, notice of the conditions
therein, or to require the owner, operator, or person in charge of the establishment to maintain
the placard at the entrance that this establishment is closed.
b. To suspend without delay its food establishment permit.
(4) Conditions which warrant the actions authorized include but are not limited to loss of electrical power,
interruption of water service, sewage backing up into the establishment, serious lack of sanitation, or
catastrophic occurrence.
(5) The owner, operator, or other person in charge of the establishment will be given written notice of the
reason for the closure and/or suspension.
(6) Upon receipt of the notice, the food establishment shall immediately cease food operations.
(7) A person commits an offense if the person engages in food operations in an establishment which has
been closed or had its license suspended pursuant to this section.
(8) A person commits an offense if the person removes or tampers with any notice posted pursuant to this
subsection.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2023-077, § 6, 11-7-23)
Editor's note(s)—Ord. No. 2023-077, § 6, adopted November 7, 2023, amended the Code by renumbering former
§§ 12-21—12-23 as new §§ 12-22—12-24.
Sec. 12-23. License, certificate or permit suspension.
(a) Health services may, without warning, notice or hearing, suspend any permit, license or certificate to
operate a food service establishment if the holder of the permit, license or certificate has failed to comply
with the requirements of these rules; and such noncompliance constitutes a hazard to public health. Health
services may end the suspension at anytime if the reason for suspension/emergency closure no longer exists.
Created: 2024-07-22 16:35:32 [EST]
(Supp. No. 52)
Page 16 of 16
(b) If an imminent health hazard exists, such as complete lack of refrigeration or sewage backup into the
establishment, the establishment shall immediately cease food service operations. Operations shall not be
resumed until authorized by health services.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2023-077, § 6, 11-7-23)
Note(s)—Former § 12-22. See editor's note, § 12-22.
Sec. 12-24. Revocation proceedings.
(a) Notification of right to hearing. When a notice of suspension is given the holder of the permit or certificate
or the person in charge (should said person not agree with the findings of the inspection report); then said
person must submit an appeal to the City Manager’s Office petition in writing requesting a hearing. If no
written request for hearing is filed within ten days of receipt of the notice of suspension, the permit or
certificate will be suspended. Health services may end the suspension at any time if reasons for suspension
no longer exist.
1. If a mobile food unit owner/operator fails to submit a written appeal requesting a hearing, the permit
shall remain suspended until all noncompliance issues have been completely resolved.
(b) In its The appeal petition, the petition shall indicate the provisions of the action objected to, and the reasons
for the objection(s), any facts that are contested, the evidence that supports the petitioner's appellee’s view
of the facts, and whether the petitioner appellee’s requests a hearing on its appeal petition.
(c) Hearings. The hearings provided for in this chapter shall be conducted by the city manager or his designee
who will designate the time and place for the hearing. Based upon the recorded evidence of such hearings:
the city manager or his designee shall make a finding and shall sustain, modify or rescind any notice or order
considered in the hearing.
(d) This hearing shall be deemed to exhaust the administrative remedies of the person aggrieved.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2023-077, § 6, 11-7-23)
Note(s)—Former § 12-23. See editor's note, § 12-22.
Sec. 12-25—12-30. Reserved.
ORDINANCE NO. 2024-098
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE
OF ORDINANCES CHAPTER 12, HEALTH AND
SANITATION RELATIVE TO MOBILE FOOD UNITS;
PROVIDING A PENALTY, NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000.00); REPEALING
CONFLICTING ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; DECLARING AN EMERGENCY
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Grapevine is authorized to adopt ordinances to protect the
health, safety, and welfare of its citizens; and
WHEREAS, mobile food units, including food trucks and trailers, have become a
popular and growing industry in many cities, offering diverse and convenient food options
for residents, workers, and visitors; and
WHEREAS, mobile food units contribute to the local economy by providing
opportunities for small business owners and entrepreneurs, fostering economic
development and job creation; and
WHEREAS, the City seeks to provide clear and consistent regulations for the
operation of mobile food units to ensure the health, safety, and welfare of the public, while
supporting local business innovation and flexibility; and
WHEREAS, it is necessary to establish specific standards and requirements to
protect the public from potential health and safety risks associated with the operation of
mobile food units, including proper food handling, sanitation, and fire safety measures;
and
WHEREAS, the City of Grapevine has determined that it is a necessity to regulate
the activities and entities as provided for herein to safeguard the public; and
WHEREAS, the City of Grapevine is authorized by law to adopt the provisions
contained herein, and all constitutional and statutory prerequisites for the approval of this
Ordinance have been met, including but not limited to the Open Meetings Act AND
CHAPTER 211 OF THE LOCAL GOVERNMENT CODE; and
WHEREAS, the City Council has determined than amendment to Chapter 12,
Health and Sanitation, of the Code of Ordinances is in the best interest of the of the health,
safety, and welfare of the City of Grapevine and the public.
Ordinance No. 2024-098 2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That all matters stated hereinabove are found to be true and correct and
are incorporated herein by reference as if copied in their entirety.
Section 2. That Chapter 12, Health and Sanitation, Article I. Food Establishments,
Division 1. Generally, Section 12-3. Definitions. is hereby amended to include a new
definition for Food Supply Center and to revise the existing definition for Mobile Food
Establishment, to read as follows:
***
Food supply center: A commercial food service operation where food, food
containers, or food supplies are kept, handled, prepared, packaged, or stored. It cannot
be a residential kitchen and is maintained in accordance with state regulations.
***
Mobile food establishment: A self-contained food service operation that is mounted
on a vehicle, either self-propelled or otherwise, and is designed to be mobile. It can be
used to store, prepare, display, serve or sell food. It must be able to always move, does
not include a stand or booth.
***
Section 3. That Chapter 12, Health and Sanitation, Article I. Food Establishments,
Division 2. Amendments/Administration, Section 12-8. Food establishment permits
required., is hereby amended to read as follows:
***
(f) Applications for permits for mobile food units or temporary event establishments
which operate from a fixed food facility located outside of the City shall have correct
truck registration, insurance, and valid/current driver's license information for each
vehicle and each driver. Refer to Sec. 12-21. Mobile Food Units for more
requirements.
***
Section 4. That Chapter 12, Health and Sanitation, Article I. Food Establishments,
Division 2. Amendments/Administration, Section 12-9. Classification of permits.,
Subsection (c)(2), Mobile Food Units., is hereby amended to read as follows:
***
(2) Mobile food units.
a. Retail food unit handling prepackaged food.
b. Retail food unit (including trucks, trailers, mobile barbecues, snowcone
units, etc.) handling, processing or selling open food. A separate permit is
required for each different type of mobile unit owned or operated by an
individual or company.
Ordinance No. 2024-098 3
c. Any person or firm who operates a mobile food unit or a mobile food
establishment as defined in this article shall not operate such unit or
establishment within one block of any block containing a public or private
school.
d. Only food items previously approved by health services may be sold on a
mobile food unit. Non-food items such as toys, fireworks, or any hazardous
substances such as stink bombs are prohibited.
***
Section 5. That Chapter 12, Health and Sanitation, Article I. Food Establishments,
Division 2. Amendments/Administration, Section 12-12. Permits - Duration., is hereby
amended to read as follows:
***
(a) Any food establishment permit or mobile food unit permit granted under the provision
of section 12-8(a) shall remain in full force and effect 12 months from the date of
issuance as long as the annual food establishment permit fee is paid and unless said
permit is denied, suspended or revoked for cause. A food establishment permit that
lapses for non-payment of the annual food establishment permit fee will be re-
instated upon payment of a re-instatement fee, except that permits lapsed for more
than three months may not be re-instated.
***
Section 6. That Chapter 12, Health and Sanitation, Article I. Food Establishments,
Division 2. Amendments/Administration., Section 12-21. Additional requirements for
mobile ice cream vendors and other vehicles vending products to children., is hereby
renamed to Section 12-21. Additional requirements for mobile food units., renumbered
and amended to read as follows:
***
Sec. 12-21. Additional requirements for mobile food units.
A. Mobile food units are subject to the following regulations:
a. All mobile food units operating in the City of Grapevine must first obtain
certificates and permits from the City of Grapevine Planning Services
Department, Fire Prevention Office and health services. The certificate to
operate and permits must be kept in the unit and visually always displayed
to the public.
b. All mobile food units operating within the City of Grapevine must have a
State of Texas sales and use tax permit. Operators who sell taxable items
are responsible for collecting and reporting state and local sales and use
tax to the Texas Comptroller of Public Accounts. The report should be
based on the location of the mobile food unit where taxable sales occurred.
To ensure that the City of Grapevine receives its portion of the local sales
Ordinance No. 2024-098 4
and use tax generated from taxable sales made by the mobile food unit
within the City, the mobile food unit owner/operator must use the
jurisdiction’s name and local code when reporting sales and use tax for
taxable items sold in the City.
c. All mobile food units except for ice cream trucks, shall not operate within
public rights-of-way.
d. The City of Grapevine reserves the right to deny a mobile food unit permit
to any owner/operator or property for any reason.
B. Mobile food unit certificate to operate required (Certificates are non-transferable):
a. Written permission (letter or email) from the property owner(s) or their agent
or designee, allowing the operation of a mobile food unit and their
customers’ access to a commercially plumbed public restroom on-site.
b. Information about the person responsible for the Mobile Food Unit, including
their name, legal address, phone number, and email address, and including:
i. The address of the unit's food supply center;
ii. The address where the unit is stored overnight;
iii. The location where food, food containers, or food supplies are kept,
handled, prepared, packaged, or stored;
iv. The legal address where the unit is maintained and cleaned; and
v. The legal address where waste, including wastewater and grease,
is disposed of.
c. Detailed route and service locations (properties), including dates and time
windows of service. This information includes the person responsible for
each property, their name, legal address, phone number, and email
address.
d. Detailed site layout depicting the location of the mobile food unit on the
property(ies). Minimum information on the site layout must include:
i. Indicate the location of the proposed mobile food unit and all
existing structures on the lot;
ii. Property boundaries with lot dimensions;
iii. Street location name(s);
iv. North arrow;
v. Dimensions of Unit, length, width, and height of the food unit;
vi. Entry/Exit Points, locations of all customer and staff entry/exit
points;
vii. Area for solid waste collection;
viii. Layout of tables and chairs for customer seating (if applicable);
ix. Location of nearby restrooms for staff and customers;
x. Traffic flow, pathways for customer foot traffic, including queue
lines and service windows;
xi. Parking area; designated parking for the food unit (if needed); and
Ordinance No. 2024-098 5
xii. Emergency exits, clear paths for emergency evacuation or
response.
e. Proof of current health permit and food handler cards from health services.
f. Valid vehicle registration, motor vehicle operator’s license, proof of vehicle
liability insurance and a Texas Sales Tax Permit.
g. Hold harmless agreement if the unit is to be located on City of Grapevine
property.
h. Notarized statement by owner that acknowledges and accepts a minimum
amount of $1,000,000 liability insurance, that covers the mobile food unit,
must be maintained at all times and that proof of such insurance coverage
can be demanded to be provided to the City upon three working days’ notice
to the owner.
i. Certificate and Inspection fees.
i. There are three types of certificates of operation for mobile food units
consistent with Subsection 12-8(b) of the Code of Ordinances:
1. Annual $300.00 (this fee can be prorated if the certificate is
sought after the first or the year);
2. Temporary $25.00; and
3. Seasonal $100.00.
C. Alcoholic beverage sales:
a. Alcoholic beverages sales from mobile food units are prohibited.
D. Location, number and site design:
a. All mobile food units must be located on private property being a platted lot,
which is appropriately zoned for commercial development, including “LB”,
Limited Business, “CN”, Neighborhood Commercial, “CC”, Community
Commercial District, “GV”, Grapevine Vintage District, “HC”, Highway
Commercial District, “HCO”, Hotel Corporate Office District, “RA”,
Recreation/Amusement District, “LI”, Light Industrial District, and “GU”,
Governmental Use District.
b. Units shall operate on an individually platted lot, where an existing
permanent business operates in a building with a valid certificate of
occupancy.
c. No more than three (3) mobile food units may be located on one (1) lot at
any time or at the same location for consecutive weeks unless part of a City-
sponsored festival or special event.
d. Mobile food units shall be located within 250 feet of the entrance of a
primary building that holds the certificate of occupancy.
e. No mobile food unit shall be located on a vacant lot.
Ordinance No. 2024-098 6
f. No mobile food units, their merchandise, advertising or seating shall
obscure traffic visibility.
g. No mobile food units operating under this regulation shall be allowed to sell
or service food on any public streets, sidewalk or other public right of way
unless approved in writing by the City of Grapevine as part of a City
sponsored festival or special event.
h. Mobile food units and their associated equipment shall not operate in
driveways, fire lanes, or required parking spaces for the buildings on the lot.
i. Mobile food units, including associated seating, may operate in parking
spaces on a commercially zoned, individually platted lot, if the required
parking for the center remains in compliance with parking requirements as
set forth in the City of Grapevine’s ordinances.
i. No more than four (4) parking spaces shall be utilized for a mobile
food unit or their associated vehicles or equipment.
j. A single mobile food unit owned and operated by a brick-and-mortar
restaurant, brewery, brewpub, distillery, winery, or golf course is allowed to
be parked or stored on the same property and on an improved surface as
indicated on the detailed site layout. It must be located outside of required
parking spaces, fire lanes, and drive aisles. It must also be located a
minimum of 100 linear feet from any residentially zoned property or
residential use.
k. A mobile food unit may utilize outside seating consisting of a portable table
and a maximum seating capacity of eight (8), within no more than one (1)
non-required parking space.
l. All mobile food units shall be equipped with a self-closing lidded, trash
receptable. The trash receptable must be placed outside next to the mobile
foot unit for use by the patrons of the unit. The area around the mobile food
unit shall be kept clean and free of litter, garbage, and debris within a
designated space.
m. Mobile food units shall be removed from the lot on a daily basis and may
only operate during the business hours of the primary business and may
not be parked for longer than 12 hours. They may operate no earlier than
7:00 a.m. and no later than 10:00 p.m. Mobile food units can be located on
one site for no more than four (4) events per year and no more than two (2)
days per event per calendar year.
E. Utilities:
a. Water shall be from an internal tank, and electricity shall be from a
generator, unless approved for permanent placement via a conditional use
permit approval.
Ordinance No. 2024-098 7
F. Inspections:
a. The City shall have the right to inspect the mobile food unit and the lot it is
located on at any time to ensure compliance.
b. The mobile food unit owner/operator shall submit proof of a current
approved mobile food unit inspection and food handler cards from the heath
authority with each new permit and permit renewal.
G. Prohibitions:
a. A drive-through is not permitted in conjunction with the mobile food unit and
shall not provide a drive-through service of any kind.
b. Temporary connections to potable water, sanitary sewer and electricity are
prohibited.
c. No outdoor speakers of any type are permitted to emanate from a mobile
food unit or associated seating and table areas.
d. No mobile food unit(s) shall be stored or kept in City rights-of-way, on
residential properties, in residential zoning districts, on vacant properties, or
within 100 feet of residential/zoned property within the City limits. Violation
of this prohibition will result in fines and the removal of the mobile food unit.
e. Mobile food units shall not stop, park, store, or operate on South Main Street
properties or within the rights-of-way between the intersections of South
Main Street/Northwest Highway and South Main Street/Dallas Road, or on
any adjacent street within 250 feet of South Main Street.
H. Exceptions:
a. Mobile food units participating in a City-approved festival or special event
are exempt from the prohibition on operating on properties along South
Main Street or an adjacent street (from Northwest Highway to Dallas Road,
provided they meet the following requirements:
i. Mobile food units must obtain the necessary Temporary Health
Permit from health services and Fire Prevention Permit from the
City’s Fire Prevention office prior to participating in any festival or
special event.
ii. The event must be pre-approved by the City as an official festival or
special event. The exception applies only to the dates and locations
specified for the event.
iii. All mobile food units must comply with health and safety regulations
as outlined in their temporary permits during the event.
iv. The exception is valid only for the duration of the festival or special
event, after which the prohibition will apply.
b. Private events in a residential district or property, which are not advertised
to the public (such as a birthday or graduation party), are permitted to have
one mobile food unit operating during the event's hours on one day only,
Ordinance No. 2024-098 8
and not on a series of days. This is limited to a maximum of two events per
calendar year. The placement of the unit should not obstruct traffic or
visibility, and it must be outside of the public rights-of-way. Additionally, it
must adhere to all required sanitation, health permits, and noise
requirements for residential districts and properties.
I. Additional requirement for mobile ice cream vendors, issuance of permit.
(1) All drivers of ice cream trucks and other vehicles vending products to children
shall submit a copy of their driver's license to the City and obtain the permit
described in this article before operating such vehicle.
(2) All permit applicants shall provide proof of automobile insurance according to
state law along with the application.
(3) All applicants shall be subject to a criminal history background check, and shall
consent to such check as a condition of application. A conviction for any offense
involving actual or attempted homicide, kidnapping, assault or assaultive
offenses, unlawful sexual conduct or assault, theft (including robbery or
burglary), prostitution or obscenity shall be grounds for disqualification of an
applicant.
J. Safety equipment for ice cream trucks.
(1) Signs stating "WATCH FOR CHILDREN" must be provided on the front, back,
and both sides of the vehicle in at least four-inch letters of contrasting colors.
(2) The company name, address, and phone number must be on both sides of the
vehicle in at least three-inch letters of contrasting colors.
(3) A serving window, capable of being closed when not in use, must be provided
and must be located on the curbside only.
(4) Left and right outside rear view mirrors as well as two additional outside wide-
angle mirrors on the front and back of the vehicle must be provided to enable
the driver to see around the entire vehicle.
(5) Operable yellow or amber flashing hazard lights that are clearly visible not less
than 100 yards from the mobile unit under average daylight conditions shall be
provided. Lights must be mounted no more than 12 inches below the mobile
unit's roof and must be operational when the truck is in motion. No fewer than
two lights shall be visible from each approach.
(6) A rear bumper cover shall be installed to prevent children from standing or
jumping on the rear of the vehicle.
K. Vending requirements for mobile ice cream vendors.
(1) Location.
a. Mobile ice cream trucks are permitted to vend in an area for no more than
15 minutes, then they must move to another location.
Ordinance No. 2024-098 9
b. Mobile ice cream vending is prohibited within City of Grapevine parks except
when the owner/operator has entered into a concessionaire agreement with
the Parks and Recreation Department.
c. Mobile ice cream trucks shall not vend within one block of any block
containing an elementary or junior high school during school hours or within
one hour before or after school hours on a day that school is scheduled to
be in session.
d. Mobile ice cream trucks shall not vend within 100 feet from an intersection.
(2) Hours of operation. Mobile ice cream vending may only occur from 10:00 a.m.
to one-half hour before sunset.
(3) Use of sound equipment.
a. Use of sound equipment shall be limited to music or human speech.
b. Sound shall not be audible more than 100 yards from the truck. Sound shall
be produced at no more than 80 dBA.
c. Sound equipment may only be used from 10:00 a.m. until one-half hour
before sunset.
d. Sound shall not be broadcast within 100 yards of schools during school
hours while school is in session, or within 100 yards of hospitals, churches,
courthouses, funeral homes, or cemeteries.
e. Sound shall be turned off while the vehicle is stopped for vending.
(4) Safety precautions.
a. Drivers shall check around the vehicle before leaving the area to ensure that
children are not remaining. When handing the purchased product to the
children, drivers shall make certain traffic is clear, in case a child leaves the
truck immediately and fails to observe the hazard of oncoming traffic.
b. Child customers shall not be allowed inside the vehicle. This provision shall
not apply to children related to the driver within the third degree of
consanguinity or affinity, while riding with the driver along the sales route.
***
Section 7. That Chapter 12, Health and Sanitation, Article I. Food Establishments,
Division 3. Enforcement., Section 12-22. Enforcement options., is hereby amended to
read as follows:
***
Sec. 12-22. Enforcement options.
When the Building Official or his designee has determined that a violation of this
article has occurred or is occurring, the following remedies are available to health
services. The remedies provided for in this section or elsewhere in this article are not
exclusive. Health services may take any, all, or any combination of these actions against
a violator, consecutively or concurrently:
Ordinance No. 2024-098 10
(1) Issuance of a written warning notice;
(2) Issuance of one or more citations;
a. After two (2) citations are issued to a mobile food unit owner/operator
due to noncompliance within a six (6) month period, the mobile food unit
permit shall be suspended.
***
Section 8. That Chapter 12, Health and Sanitation, Article I. Food Establishments,
Division 3. Enforcement., Section 12-24. Revocation proceedings., is hereby amended to
read as follows:
***
Sec. 12-24. Revocation proceedings.
(a) Notification of right to hearing. When a notice of suspension is given the holder of the
permit or certificate or the person in charge (should said person not agree with the
findings of the inspection report); then said person must submit an appeal to the City
Manager’s Office in writing requesting a hearing. If no written request for hearing is
filed within ten days of receipt of the notice of suspension, the permit or certificate
will be suspended. Health services may end the suspension at any time if reasons
for suspension no longer exist.
1. If a mobile food unit owner/operator ails to submit a written appeal requesting a
hearing, the permit shall remain suspended until all noncompliance issues have
been completely resolved.
(b) The appeal shall indicate the provisions of the action objected to, and the reasons
for the objection(s), any facts that are contested, the evidence that supports the
appellee’s view of the facts, and whether the appellee’s requests a hearing on its
appeal.
(c) Hearings. The hearings provided for in this chapter shall be conducted by the City
Manager or his designee who will designate the time and place for the hearing. Based
upon the recorded evidence of such hearings: the City Manager or his designee shall
make a finding and shall sustain, modify or rescind any notice or order considered in
the hearing.
(d) This hearing shall be deemed to exhaust the administrative remedies of the person
aggrieved.
***
Section 9. Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not
to exceed Two Thousand Dollars ($2,000.00) for each offense and a separate offense
shall be deemed committed each day during or on which an offense occurs or continues.
Section 10. All ordinances or any parts thereof in conflict with the terms of this
ordinance shall be and hereby are deemed repealed and of no force or effect.
Ordinance No. 2024-098 11
Section 11. If any section, subsection, sentence, clause or phrase of this ordinance
shall for any reason be held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance.
Section 12. The fact that the present ordinances and regulations of the City of
Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the inhabitants of the City of Grapevine, Texas, creates
undesirable conditions for the preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS on this the 5th day of November, 2024.
APPROVED:
________________________________
William D. Tate
Mayor
ATTEST:
_________________________________
Tara Brooks
City Secretary
APPROVED AS TO FORM:
_________________________________
Matthew C.G. Boyle
City Attorney