HomeMy WebLinkAboutItem 06 - Food EstablishmentsMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: JULY 7, 2026
SUBJECT: AM26-03 REGULATIONS PERTAINING TO FOOD ESTABLISHMENTS,
MOBILE FOOD ESTABLISHMENTS/UNITS/VENDORS, AND THE
PARKING AND OPERATION OF MOBILE FOOD
ESTABLISHMENTS/UNITS/VENDORS WITHIN THE CITY
RECOMMENDATION: City Council to consider amendments and changes to the Grapevine
Code of Ordinances, to Chapter 12, Health and Sanitation, Article I, Food
Establishments, and Chapter 23, Traffic, Article II, Operation of Vehicles,
Section 23-19, Violations of Stopping, Standing, and Parking Regulations
Unlawful, to update regulations pertaining to food establishments, mobile
food establishments/units/vendors, and the parking and operation of
mobile food establishments/units/vendors within the city. The amendments
are in response to House Bill 2844 (HB 2844) from the 89th Legislative
Session of the State of Texas.
FUNDING SOURCE: None
BACKGROUND: The proposed amendments to Chapter 12, Health and Sanitation, Article I,
Food Establishments, and Chapter 23, Traffic, Article II, Operation of
Vehicles, Section 23-19, Violations of Stopping, Standing, and Parking
Regulations Unlawful are intended to update the City's regulations to align
with changes adopted by the Texas Legislature during the 89th Legislative
Session, including House Bill 2844, and to maintain consistency with
current provisions of the Texas Health and Safety Code and Texas
Administrative Code. The amendments were developed in coordination
with Tarrant County Public Health, which serves as the City's designated
health authority.
Key updates include:
- Revising definitions and regulatory references to reflect current state law
regarding food establishments, cottage food production operations,
cottage food vendors, farmers markets, nonprofit organizations, and
mobile food units/vendors.
- Updating food handler training requirements to recognize state -approved
food handler courses and certifications in lieu of locally issued food
handler cards, consistent with state law and current Department of State
Health Services requirements.
- Modifying permit requirements and exemptions to reflect state
preemption and licensing authority for mobile food units/vendors, including
recognition of the statewide mobile food vendor licensing program
administered by the Texas Department of State Health Services.
- Revising temporary food establishment regulations, farmers market
provisions, and permit classifications to better align with current
operational practices and state regulations.
- Updating inspection and enforcement provisions to reflect current risk -
based inspection frequencies utilized by Tarrant County Public Health and
established under state food safety regulations.
- Removing or modifying local regulations that are preempted by state law
while retaining reasonable local requirements related to zoning, public
safety, traffic circulation, sanitation, and site operations for mobile food
vendors.
Overall, the proposed amendments modernize the City's food
establishment regulations, improve consistency with state law, reduce
regulatory conflicts, and clarify the respective roles of the City, Tarrant
County Public Health, and the Texas Department of State Health Services
in the permitting, inspection, and regulation of food establishments and
mobile food units/vendors.
/e m
PART II - CODE OF ORDINANCES
Chapter 12 - HEALTH AND SANITATION
ARTICLE I. FOOD ESTABLISHMENTS
ARTICLE 1. FOOD ESTABLISHMENTS'
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.
In the event there are anv conflicts between the regulations in Section 12, Article 1, Food Establishments of
the City of Grapevine Code of Ordinances and Chapters 437 and 437E of the Texas Health and Safety Code, Chapters
437 and 437E shall take precedence.
'Editor'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
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
Grapevine, Texas, Code of Ordinances
(Supp. No. 55)
Created: 2026-01-06 16:37:11 [EST]
Page 1 of 24
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2004-27, § 2, 4-20-04; Ord. No. 2023-077, § 2, 11-7-23)
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.
Cottage food production operation: an individual, operating out of the individual's home, or a nonprofit
organization that (Section 437.001, Texas Health and Safety Code):
(A) produces at the individual's home or the home of an individual who is a director or officer of the nonprofit
organization, as applicable, anv food other than:
0) meat, meat products, poultry, or poultry products;
00 seafood, including seafood products, fish, fish products, shellfish, and shellfish products;
ON ice or ice products, including shaved ice, ice cream, frozen custard, popsicles, and gelato;
(iv) low -acid canned goods;
(v) products containing cannabidiol or tetra hvdrocannabinol; or
NO raw milk and raw milk products;
(B) has an annual gross income of $150,000 or less from the sale of food described by Paragraph (A), as the
department annually adjusts for inflation using the Consumer Price Index for All Urban Consumers (CPI-U)
published by the United States Bureau of Labor Statistics or its successor in function;
(C) sells the foods produced under Paragraph (A) directly to consumers or to a cottage food vendor; and
(D) delivers products to the consumer or cottage food vendor at the point of sale or another location
designated by the consumer or cottage food vendor.
Cottage food vendor: a person located in this state who:
(A) has a contractual relationship with a cottage food production operation; and
(B) sells directly to consumers located in this state on behalf of the cottage food production operation a food
other than a time and temperature control for safety food.
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 State Health Services (DSHS).
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
(Supp. No. 55)
Created: 2026-01-06 16:37:10 [EST]
Page 2 of 24
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.
Farmer's Market: a designated location used for a recurring event at which a majority of the vendors are
farmers or other food producers who sell food directly to consumers. (Subsection 437.020, Texas Health and Safetv
Code
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 steFes pFepaFes, paekages, seFves, eF etheF ise provides food for
human consumption was: a food service establishment; retail food store; rye or catered feeding location;
catering operation, if the operation provides food directly to a consumer or to a conveyance used to transport
people; farmer's market; remete catered ^ ratiens; cenveyance used to transport ^ ^'^; institutions and food
banks.; This also
includes anv service ,e that deliversy food directly to consumers or through of gFecery err ^e.
.
rvta�-,mn: ltaeut eFelers, eF delivery services, including grocery orders and restaurant takeout.
A. Food establishment includes:
M an element of the operation, such as a transportation vehicle or a central preparation facilitv that
supplies a vending location or satellite feeding location unless the vending or feeding location is
permitted by the regulatory authority; and
(ii) an operation that is conducted in a mobile, stationary, temporary, or permanent facilitv or location
and where consumption is on or off the premises regardless if there is a charge for the food.
B. Food establishment does not include:
M an establishment that offers only prepackaged foods that are not time/temperature control for safetv
(TCS) foods;
(ii) a produce stand that only offers whole, uncut fresh fruits and vegetables;
(iii) a food processing plant, including one that is located on the premises of a food establishment;
(iv) a cottage food production operation;
(v) a bed and breakfast limited as defined in this section; or
NO a private home that receives catered or home -delivered food.
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.
(Supp. No. 55)
Created: 2026-01-06 16:37:10 [EST]
Page 3 of 24
N rr -..fir f.. 6ty-
(1) All gee ernrr,ent sntit�-A mrid pelitieal subdivcncrm mnd publi,...,.h eel dirt.-,,.*.
{).,;"r the ie ae P'ran� fit �� �1 ei:ran •Act-.
L�lei~ra�r_rm s>Pemlc*.eIn*dsrro%' F1s%,er--- e r`„ ..eet0eR 50 1 G.
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.
Mobile food vendor or MFV: Anv person who dispenses food or beverages from a food vending vehicle for
immediate service or consumption. An MFV may cook, cool, hold, prepare, reheat, or conduct other activities
allowed by the Food Code to fulfill food orders for immediate consumption. An MFV may not perform food
manufacturer or food wholesaler activities under Texas Health and Safetv Code Chapter 431. An MFV does not
include anv operation that is not readilv moveable. MFVs are divided into three categories (25 Texas Administrative
Code Chapter 226.2):
A. Tvpe 1--an MFV that dispenses only non -time and temperature control for safetv (TCS) prepackaged food
and does not sell TCS beverages, or an MFV that otherwise poses a low risk of harm to the public as
determined by the department;
B. Tvpe Il--an MFV that dispenses prepackaged TCS foods or food that requires limited handling and
preparation, or TCS foods that are prepared to order and served for immediate consumption; processes
may include preparing, cold holding, thawing, and/or reheating of commercially processed and/or
packaged products for immediate consumption; and
C. Tvpe III --an MFV that prepares, cooks, holds, and serves food from a food vending vehicle; processes may
include hot holding, cold holding, thawing, cooking, cooling, reheating, or conducting other activities
allowed by the Food Code.
Mobile food unit or food vending vehicle: A food vending vehicle and a mobile food unit shall mean the same
thing: Anv vehicle that is a self -enclosed food service establishment (including catering trucks, trailers, push carts,
and roadside vendors) that operates to store, prepare, display, or sell food as a food establishment and is designed
to be readilv movable. A food vending vehicle may be self- or otherwise -propelled or be vehicle -mounted. A food
vending vehicle does not include a stand or a booth (25 Texas Administrative Code Chapter 226.2).
Mobile food unit owner/operator: The individual or entitv responsible for owning, managing, or operating a
mobile food unit or food vending vehicle, which is anv vehicle that operates as a food service establishment and is
designed to be readilv movable, and who dispenses or oversees the dispensing of food or beverages for immediate
service or consumption (25 Texas Administrative Code Chapter 226.2).
Nonprofit organization: An organization exempt from federal income tax under Section 501(a), Internal
Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code. This definition shall be
consistent with its definition in subsection 437 (5-a) in the Texas Health and Safetv Code .
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 nondurable
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.
(Supp. No. 55)
Created: 2026-01-06 16:37:10 [EST]
Page 4 of 24
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 one (1) to five (5) days or
six (6) to 14 days r/-- ml-\-a than fire ceRsecutive 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; Ord. No. 2024-098, § 2, 11-19-24)
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 and online with the Tarrant Countv
Public Health Department.
(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.
Sec. 12-6. Food handler ew4 training course required.
(a) Every fixed feed „ev 2staw'�\�hrrant amlOcy e shall ,.,,thin 30 days of the cAzta cf amp cc vnenty ka tFA h/j-\4er-
f ^ eurreRt . ^';d feed- hand-'^.- eaFd issued -lay ham..-,1th tow4ees- Emplovees of a food establishment (fixed or
mobile food vendor) who are involved in the preparation or service of food products, except for certified food
Protection managers, shall successfullv complete an accredited food handler training course within 30 days of
employment, consistent with 25 Texas Administrative Code Chapter 226.3(c); Chapter 437E of Texas Health
and Safetv Code. All smp�cy x&s cf a rmck�-1,s r O 2etaL\'ehrrsnt rA" eek mutt a valid feed
handler ease key a ka ;r
(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
Created: 2026-01-06 16:37:10 [EST]
(Supp. No. 55)
Page 5 of 24
days after employment possess proof of successful completion of an accredited food handler training course
(c) Every food service or food establishment shall have available on the premises at all times the food handling
proof of successful completion of an accredited food handler training course Hof 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 consistent with 25 Texas Administrative Code Chapter
226.3(c); Chapter 437B of Texas Health and Safety Code. of thraa y2c.-A a: thA d+s-wst�_�n of h/2s;th 4mrvk-es,,H:�d
ks ranawek wFQn av i--.QQaoat�-_\n of sdkitiano; aj;-t.Nr cvee-/*6—dahAr mnd palm
^�:�a vlt tha r•warty of tha leasvc\n rxamte thAran one mvmt ka ratvrrAj-by
empleyeFs to 0- p, ncn vpt;n ri.1A&6;n cfi ump;c- t.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2004-27, § 4, 4-20-04; Ord. No. 2023-077, § 5, 11-7-23; Ord. No. 2024-098,
§ 3, 11-19-24)
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. RESERVED. Feed "^n^'I°n^ GlaSS F , edi feed handler card.
In ,..-,-,,.- *A .-,,,., ive a F,.,.,- handleF ,.@Fd ,,.,efy Fna acn cv,. iRg ,,.....l,..,e I,.� --\- cthary ise ,.,.Inn,,,.*,,, with a
€eek eetoh,�chrr snt in*-- c Rtaet A.vith feee, i�'Arvs;A' --\- r�eq►iprant 11, ^ l Its
Fequ Fee '� *dan ' ^ F^^�' hand l*ng el held " 1, -4h ear�+saa karma a cd hi;ndler e^.^' I ka i�n►ad- A+A
appFeved feed garr,ant j c'.acti_\n tr_�`ningpFegr�Vn ae ~nquiFed by ".T.C.1., I-1/2N-4h and Safety Cede eh 439
s oh. E)lav mmanded, ma ka acketitv5ak f--\- the In cv+ded b tha Z� rant C^umy P lalle We;;4h
(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 may be requested but shall not be required for every food establishment with separate and
distinct facilities and operations, such as lounge operations within a food establishment that are in addition to
food operations. whether situated in the same building or at separate locations consistent with Subsection
437.006 of the Texas Health and Safety Code. eFc.-IMa mid distimet le-URAa Mthin a %Vd
�2staV1whmint that w/a in addition tc_ %vO a permit ('nelusi A of Jel
41-A b'AJn AW).
(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.
(Supp. No. 55)
Created: 2026-01-06 16:37:10 [EST]
Page 6 of 24
(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) All mobile food units operating within the citv must comply with the statewide Mobile Food Vendor (MFV)
licensing requirements established under Chapter 437E of the Texas Health and Safetv Code. Mobile food units
ttamw o y—eant 2atakL\'�,-hrranta operating from a fixed food facilitv located outside the citv must also maintain
proper truck registration, insurance, and current driver's license information for each vehicle and driver. For
additional requirements, refer to Section 12-21, mobile food units for more requirements. r_\-
jaermits r_\- rrrck�;a retie ►:nine -- 2etawhehrr,•enw w4+ch fi;�_,-N a fi;mj feed faeolit
I^,� A9a cf the &y ah�l ham•^e. A-F^,.++.,,,.I, .^aetr� �7, irvavranse, and vali dieurrent driver's l,,.ense
inm._z,' mac" v eh0eIe ^^^' ^ ^" dr0, ar. Rafar'#-- 3 a s t 0 e n 42 , rr.--k�;a race vnito rrn a ragvirarr;anW,
(g) A temporary food/event establishment permit shall be required, and 4a4y inspections shall be required from
Health services.
(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 complete a new application for
issuance of a new permit by health services to meet current food establishment standards as defined in this
Code and state law a par+ ill ka �-A vad-bar h��th sarv+Ees.
(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 consistent with Subsection 437.007 of the Texas Health
and Safetv Code r_\- tha rramkta a, fwnil�-ea, and invited guests. Fa it�-A w/a rat s>.mmpt when feed
^ Wed On ee ;,,netien vVit , a ehild eaFe faeilit.� ratirarrant, :enter,
f, gran --,\- jk,,6;V-s fundFaisi^^ events; and
(5) Private schools that do not have a kitchen.
(k) Anv open food or food that requires temperature control requires a permit.
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; Ord. No. 2024-098, § 4, 11-19-24)
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 art cf thna categories; annual; or temporary, c, azc\%-�, as
follows:
(Supp. No. 55)
Created: 2026-01-06 16:37:10 [EST]
Page 7 of 24
(1) Annual. An establishment that operates throughout the year. This includes farmers' markets which are
limited to operate no more than six weekends consecutively, two times each year, and not associated
with a special event, although their establishment shall be issued one annual permit: consistent with
Subsection 437.020, Texas Health and Safetv Code
(2) Temporary. An establishment that operates five ^eRse-eutive days eF feweF one (1) to five (5) days or six
(6) to 14 days in conjunction with a special event no more than four times a year.
( I I n h t + ates eke-n.Jr � �tiyel., twe timer each
T�T�e�.sar-r�,—r,rr-vial., : ►man.. ra. ��a .ran six �.,^
and net a •at„d- ,.,ith a special ,,,,an'\ Ceratiiihrean: shrall "
year, with permissi..n f.-um r"�marY business lecatien and epeFatn as .-ecendaFy .,nl., tg r"�1:4Qr�'vhcran'nir`.r`.i
I A,..,ti,.n ..,ith -rrent „nd- valid- ee.-tifieat„ of eee 1paney „ndd d u ring nar,,-naI �6:ji narr hA rrr A'A re;;ren rr'
gsrmi 3 shrall by issued feF any sidential
(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, independent school districts, snack bars,
concessions, bakeries, snow cone stands, caterer's commissaries, private school cafeterias,
halfway house food services, hospital kitchens/cafeterias, institutional food services, self-service
markets etc., where food is prepared and or served.
b. Retail food stores handling prepackaged, potentially hazardous foods.
C. Retail food stores handling, processing, serving or selling open foods.
d. Food warehouses/wholesalers.
e. Bars/lounges handling, processing, serving or selling open foods.
(2) Mobile food units vendors.
a. All mobile food unit/vendor permitting is handled through the statewide mobile food vendor
licensing requirements established under Chapter 437E of the Texas Health and Safetv Code. As
required by subsection 437B.051, each mobile food unit/vendor owner/operator is required to
obtain an annual mobile food vendor license issued by the Texas Department of State Health
Services for statewide operation refer to Section 12-21, mobile food units/vendors for more
requirements.
Ret-ail feed unit (ineluding tFueks, tFaileFs, Fnelaile baFlaeeues, sneweene units, wee creem; truck ete
handling, pFeeessing eF selling e n feed A s Fate nsr,mi: i r2qu ed f..F eaeh diffe gent t.,n., ..f
me -hole � snit evened eF epeFated by an indiyied al ....,..mpan.,
e. Any peFsen r firm .yhe e Fates a chile fe-eed- nit A Ahilp f.....J mtz3h"h"`nt defined i
thir. @rtiele shall net e rate s eh unit vyVithin the g eateF of .. a Week and- _300
feet of , Meek eaMn ninb ,:►hiG e private seh, E
ni..nfe A-d it„'n' r r,wh tees fir-.,,. eFl eF any h@i!a-,lo►a s►4aas aln�aas stink w^ z
mod-
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2023-077, § 5, 11-7-23; Ord. No. 2024-098, § 5, 11-19-24)
Note(s)—Former § 12-8. See editor's note, § 12-6.
(Supp. No. 55)
Created: 2026-01-06 16:37:10 [EST]
Page 8 of 24
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, Fnebile feed-aekiahSshN-_i4 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.
(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.
(Supp. No. 55)
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Page 9 of 24
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 vendor license issued by the Texas Department of State Health
Services wt., bNohi�2nt peFrnit, 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 12-8(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 nonpayment 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.
(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 one (1) to five (5) days or six (6) to 14 days five ^^^.S^^- tive 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; Ord. No. 2024-098, § 6, 11-19-24)
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 conducted by the local health authority in accordance
with the risk -based inspection frequencv established under the Texas Food Establishment Rules, as adopted
and administered by the Texas Department of State Health Services. Risk assessments shall be reviewed at
least every three (3) vears, or sooner upon significant changes in menu or operations, with inspection
frequency ranging from one (1) to three (3) times annuallv based on the assigned risk category. pewed at
I•,rcc;-# #ygic—, nn►}ally and shall be p Fiti ed- h- sed upen assessment „f a Feed m, Ialb 1hrn2nt's cempliance and
..tential of causing feed h..rne illness aeee.rding to the Texas Pee i 5.%;%Gli:)hmAn*Tr�R, der
(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.
(Supp. No. 55)
Created: 2026-01-06 16:37:10 [EST]
Page 10 of 24
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 request 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.
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
(Supp. No. 55)
Created: 2026-01-06 16:37:10 [EST]
Page 11 of 24
(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)
Note(s)—Former § 12-19. See editor's note, § 12-6.
Sec. 12-21. Additional requirements for mobile food units/vendors.
(a) Mobile food units are subject to the following regulations:
(1) All mobile food units operating in the city must first obtain and maintain annual licenses and permits
from the6tyj0wnn\N s2rviees department, fire prevention office (unless a valid permit has alreadv been
obtained from another agencv in the state of Texas) and- hp;;tee; the Texas Department of State
Health Services (DSHS). All required state licenses and permits must be kept in the unit and visuall
always displaye4 made available to citv officials and the to the public upon request.
(2) All mobile food units operating within the city must have a state 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 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.
All me-hile fe-ed units except fer wee crean; *r„ckm,,3h/jll rat-e�wkhix ; ►w`1icrights of .
reasen.
(Supp. No. 55)
Created: 2026-01-06 16:37:11 [EST]
Page 12 of 24
center; -A. The address. ef the unit s feed supply
b. T#ewhere #hs ►\n` i5 3 aF d , ght.
C-,. The leratien where feed, feed eentainers, eF feed supplies @Fe I(ept, handled, ,
paekaged
d. The leg -.I aide -A.-,,,-.. ,.,h...- rha ►\n` it rq Lin �na p d cIeaped-; and
e . The legal ai-Addirper.r. yApere waste, including wastewater and grease, is dispesed .
(4) Detailed re-Ae -;;Pd- se.rviee leeatiens (preperties), ineluding dates and tinne yvindley.,s; Ref. spe.rvifficepe. This
(5) Detailed site layewt depicting the leeatien ef the me-hile fe-ed unit en the preperty(wes). Minimun;
..f...-..•.-step An the site laya" m6:st ink
a. I d- r the I..e- ri......f the . ed bile f.....J •..it - pd- II sxAti nb tr6:,A, .rpr#..., le:t
d. WAr#h ;;F.-^w•
3. Dimansiens of unit, length, width, and height of the feed unit;
f. En:rWexit . ..r, leeatie.ms; of - II e.-Uste-mer and- staff ....try. exffit . ..r .
h'I. Cayewt of a -hies and- ehaffirs fR-rewstemeF seating (o�ppicabl
j. Tmf ' , ' ,
It. ParMn�lra • ,�,.,-c....ateA parWn,. f...- the f.....J unit (of needed); - -
c-.,�*bT'mz r c ,
(6) PFeef orcw Tent-healtFipeFFnrt and f•••••J handle.rcards f%alth services.
(8) Held harmless agreement Of ths i,\skn ta be leeated An city preperty.
(9) Neita^r"'rzed statement by , nsr that asi(newl ,ages and ime-3" G &mi aunt of $ nnn nnn nn
liability insuFanee, thateeveF,-;the ...,.I,;I f A ►\n�, "vst hs r c&zin&A a: all :i"2s and that .reef A
s-uv\ irA►•-/an
#hp
(10) Certificate and Inspectien fees
-A. There -;;Fe thFee types ef c-e-Ftificates ef epeFatien fer units. cER_Ipr5Iwqp_Int ;.qffith subsec-liffien
17 O!h\ of the r`..de of Orin
—Un►al ;
z. Temperary $25.00;
and
(Supp. No. 55)
Created: 2026-01-06 16:37:11 [EST]
Page 13 of 24
{c}Lb� Alcoholic beverage sales.
(1) Alcoholic beverages sales from mobile food units are prohibited.
(c) Vehicle and insurance requirements.
(1)A mobile food unit owner/operator must maintain:
(a) Valid vehicle registration;
(b) Motor vehicle operator's license;
(c) Proof of vehicle liabilitv insurance; and
(d) Notarized statement by owner/operator that acknowledges and accepts a minimum amount of
$1,000,000 liabilitv 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 citv upon three (3) working
days' notice to the owner/operator.
(d) Mobile food unit/vendor Llocationer and site requirements design.
(1) All mobile food units must be located en ^Pleat^ pFepeFty bainb in an appropriately
zoned district F...- reeernmee.rreial devell.^Y...^^t including and limited to "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.
(2) Units shall operate only on individuallv platted lots that are zoned for commercial use and that meet all
safety, access, and utilitv requirements established by this ordinance.
(3) The number of mobile food vendors permitted to be located and operate on a single lot at one time shall
be determined based on the lot's abilitv to meet applicable zoning, safety, traffic circulation, sanitation
and access standards. At minimum, the site must satisfv the applicable site-capacitv conditions listed
below.
Unobstructed fire lanes, hvdrant access, and emergency vehicle paths must be maintained in
accordance with the adopted Fire Code;
b. Ensure that required parking for existing onsite uses remains fullv compliant with Section 56, Off -
Street Parking Requirements of the zoning ordinance.
c. Provide adequate queueing areas and pedestrian circulation paths that do not interfere with drive
aisle, sight triangles, or pedestrian safetv.
u A mobile food unit/vendor must obtain 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 when located and operating on public (such as a citv park)
and private propertv.
a. Anv mobile foot unit operating on citv-owned propertv must execute a hold -harmless agreement
indemnifying the citv from liabilitv arising from the vendor's operations.
Unix il,:xall ^pent^ en an individually platted let where ^ axAting p2rma,nan: b6:aina..s actively ^pent On
building With a C_rrPA# "Alm
(3)Pde Fners tKan thr^^ mehile fARA may -h^ le-eated- ^ ^ let at y ti..^ ^ _;# the ^ le-eatie-R fe-F
Ce-Inse-ei AtI.,.,yoge ks unless part of a eft., spense-r d- festival er special event.
{Q(5) Mobile food units shall not obstruct sidewalks, bicycle lanes, marked crosswalks, or designated
emergency access routes. All placement must allow unobstructed access for public safetv personnel and
(Supp. No. 55)
Created: 2026-01-06 16:37:11 [EST]
Page 14 of 24
equipment, unless approved in writing by the citv as part of a citv sponsored festival or special event.
41ck��e rye vnitoe slr^ l ba viffithon 259 fiat of th7a of a h1_-'1ds#he
{�} JNo mobile food unit shall be located on a vacant lot.
{C}� No mobile food units, their merchandise, advertising or seating shall obscure traffic visibility.
{ (8)Mobile food units may operate within the public right-of-way only when located in designated areas
such as public parking spaces and shall not occupv or impede active travel lanes, sidewalks, or trails.
Under no circumstances shall their operation result in the obstruction, queueing, or disruption of normal
vehicular, bicycle, and pedestrian traffic flow. At no point shall the operations of a mobile food unit block
the maintaining of a 4-foot clear pedestrian path for ADA accessibility.
f c rrcck�;a rye ►;nit+n • i;a. zXing+FRear the ~agO, tncn I lea dbwee'-- salt --\- atrviee feed en any pub!ie
w-atte, a4ew_-6, --\- cthar p,6-V'ic Fight of way --mle ed On wFiting by the ^i+• f1 pwt cfi G +ty
festival eF speeial event.
{44 _L9�Mobile food units and their associated equipment shall not operate in driveways, fire lanes, or required
parking spaces for the buildings on the lot.
rye vnit+n, insluding . ted seating, y c-izs.-, A in parking spaees en a eemmeFeially zePe
Relov0dually ^'^++^e '-_t, if tha ing the :vn'Ar rtrrc�rva in lewlting
req.A.�r arrantn K sat n th in tha sity's eFelinane
P� rrn a thu�n fir p^ king spa al,. l ka vtff�ae 5--\- a rr.-ck�;a rye unit c their veac-i;#ed
(10) 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 an approved site plan filed with the citv's Planning Services Department
the to lave t. 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.
(11) A mobile food unit may utilize outside seating consisting of a portable table and a maximum seating
capacity of eight, within no more than one nonrequired parking space.
(12) 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.
(13) Mobile food units operating on anv lot shall comply with all provisions of Article VI - Nuisances.
Generators or other power equipment associated with a mobile food unit shall not exceed the maximum
dBA established for the applicable zoning district, particularly when located within 300 feet of a
residential use or residential zoning district, per Section 12-21(e)(2) below.-Mck�;a %,Qe ►;nit'a ka
yea f�m tht'-_t an a dai- ,knee urndFnay eR1 opa"-ItA ding the "- it/eea 1, of tha p im^<.y
k,6-Alr/ ,A- mn4+paa , rat ka po kad fee leegar than 13 1, Thay-R+ay •Fa=A r/-- •mN l ar tl,. n 7:^�r
a -Re r/-- ,7mr t1,. n 19:o 00 p.m..Ic1c\;a rid s-2\n\n ka'rc atee a7 o ,s •aitA 5--\- r/-- rrn a tr averts
peF year -ape r/-- rrn a thu�n twe gays peF Rt peF aleR aF Y
(14) Mobile food units must leave the surrounding areas clean and tidv as closing each e f�m than
ie��an anca„� tha a�rn�nding Csi�a m►sat �a ;sft cdy day with with no residual trash,
liquids, or residue. All trash, tables, chairs, and any other equipment must be removed to ensure the
space is restored to its original condition. The location must appear as if the mobile food unit had not
been there.
(Supp. No. 55)
Created: 2026-01-06 16:37:11 [EST]
Page 15 of 24
(15) All mobile food units must be maintained in good working order, kept clean, and present a well -
maintained appearance. The exterior of the unit shall be free from patently offensive language, images,
or materials that can be deemed inappropriate for public display.
(e) Utilities.
(1) 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.
(2) Generators must be placed at least 300 feet from a residential use or district.
(f) Inspections.
(1) The city may inspect the property, site layout, and placement of a mobile food unit to ensure compliance
with zoning, traffic, safetv and propertv use -requirements. The citv may not conduct a health or
operational inspection of a mobile food unit except as authorized through a collaborative agreement
with DSHS under Chapter 437B. `hall have the "'ght to-c inspect tlrA rr/c-k�-;a Ve ►:nit one the �_-t it
lee -a tee a7 of miy tirr^,fl'#-- arvavra -.,c\m10�,^, i
{�) Ths rrcck�;a revj'a a,,,t ewneF sl,. l at.�kmit l 2c-f cf a ci;.r:�ant Nzp cve� rid +t
nspeetien and F^^^' ^^Ffi;�_,N the huh Axith ;eve lcarmit inns lcarmit rar,a%va.
(g) Prohibitions.
(1) A drive -through is not permitted in conjunction with the mobile food unit and shall not provide a drive -
through service of any kind.
(2) Temporary utility connections must comply with all plumbing, electrical, and safety ordinances and
codes. Unauthorized or unsafe temporary connections oc �tvA�tar, acnitw-y sev.ge.r ^^d' elect•-i^fty
are prohibited.
(3) No outdoor speakers of any type are permitted to emanate from a mobile food unit or associated seating
and table areas.
(4) P�-_ rr/ck�;a lid ka Iialct in city Fights ^F ••• a7 �-Aidanto�^� j 1:art�-A, in
yes etnt�_-� awning elistFiets, en va2cxit within o9 meat cf �-Aid^ ,ee lv cparty within
the eit••'imits "ialX an cf the xv�l r-Avlt in fir�ea cane the cf the rrcck�;a rid-�i-t-
{ } A M... obile food units, including anv associated equipment, signage, or customer queueing area, shall be
located no closer than 30 feet from the curb line of anv intersecting street to preserve intersection sight -
visibility triangles and ensure safe vehicular and pedestrian movement.pet---\- •�w�e
an Ca:th M,;!& Ctliat l 1:art�-A --v �%�Ahin thra rights of way bet•••2an the int»>cti_N a cf C�th K�
StFeet NeFthwest Highway and C•�th Mn cony-ad}aeent wheat within 250 feet
cf C_6:th Mn Cheat,
(h) Exceptions.
(1) A mobile food unit may operate on a residential lot for a private event not open to the public, provided
the propertv owner (or authorized agent) grants written permission and the unit's placement does not
obstruct sidewalks, vehicular travel and bike lanes, drive aisles, sight visibilitv triangles, or designated
emergency access routes and is located outside of the public right-of-way. rid nits
participating On a eft•• appreved festik %I"-O;;l et•ent vs •e>pemlct tha an
an j •,part�-A r)ncng C•�th Mn Cheat on adja vnt at-aat (f-gym aPna47
^•ded the rr^�eat tha r�'r n�+eg e�umcmanwa,
a. The mobile food unit must comply with Article VI - Nuisances, including noise and lighting
(Supp. No. 55)
standards applicable to residential districts. Generators or other power equipment shall not exceed
the maximum decibel levels for the district. Mcick ;a rove units mutt c�Ltc�n tha rasessaF
Created: 2026-01-06 16:37:11 [EST]
Page 16 of 24
teFnpeF@Fy health peffnit fre-M health ren;ffieer ;;Ad fs Fe pFeventien peFmit fFem the eity's fore
ffeventien effice PFieF + P^Ftfcipating ir/an, f +;.• I I rt
perrrlitS jl►xing theevent.
(2) oFivate evsn:3 in a residential ,l„-+.-,,.+ eF .,.,.peFt.• ..•h ieh aFe net _;;dv .rtis d to the .,ublie (,-uelh
^ 4m7nb .h- event�
heurs en ene day enly, and net e„-a-se,=ies ef da3. This A lim`&d-to a r:eaxin►\-n of +..• In+..
calendar year. The plaeement ef the unit she-uld net ebstrue# traffie. A_.r visibility, A it M►at "
of the pub,lie Fights of way. They may ...,erate Re .,ariffi.,.- than �:^�.1� and -ne-I;Aar Kan 19:n�-00 p.m.
Addit+eeallb, it rx ►at ajhe.- to -II requiFe4 mnMti^^ health panmiti, and neffise requirements fe
{} Public and private schools may host a mobile food unit on -site, subject to the approval of a temporary
use permit consistent with [app. DJ subsection 42.A, temporary use permits of the zoning ordinance and
its limitations.
(1) All dFiiyer56rFEe ^ereaarn trucks -;; Tethe.v^ch isles. yice-Rdm' ngff^oE UGtS to chill rar/lh/all 3M\.�1Fll� vppeftiCir
.d.-gi...,.-'.- li..eense to+he eity and obtLln +ha . +d,,.-EFib A in th%ftisl hoc oefeFe epamtinb ►sueh vehicle
p3n-nit app ican.s ih/all r ^`•" Ie pFeef of autemehil3 ir4►lanse @GGeFdiRg + State I I..v.g with the
applieatien.
(3) All applicants sh/aII "e subject te a i\�rnr/,aI hAtary b^ckgreu d cheek, and sk�" Eensent to such EieEAas
,
k4r/app nb,,mvo6It or am,,Otive eff nse „nl^..•f„l sexual nd,,,.+ or amo; It, .heft (including rebb,,r
or h%WSIG Y) . eSti+••+ieR ebse pity shall be . nds fee d osg6ialofocatk . ..$,ar%Jr,r isant.
(fi) Safety equipmentfor 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.
(Supp. No. 55)
Created: 2026-01-06 16:37:11 [EST]
Page 17 of 24
(ki) Vending requirements for mobile ice cream vendors.
(1) Location.
Me -hole iee ere@n; trucks. are permitted to , nA irlar/araa fer noe mers *h/an 21C min► as, them""" the
Mobile ice cream vending is prohibited within city parks except when the owner/operator has
entered into a concessionaire agreement with the parks and recreation department.
3h/all n^* ,, r v.Ait ,;n ,.R ,leek ..f @ny ,leek eon'ia�'ninb n 21ementaFy eF
fib. Mobile ice cream trucks shall not vend within 100 feet from an intersection.
...
{} Use of sound equipment.
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.
E. Se- Ordequipment may enly be used fFem 10.0 .m ►.\nil r h@If he- ur hefArer, -rr t
4-.,.. 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.
(4) Safety precautions.
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. 2024-098, § 7, 11-19-24)
Editor's note(s)—Ord. No. 2024-098, § 7, adopted Nov. 19, 2024, amended § 12-21 in its entirety, in effect repealing
and reenacting said § 12-21 to read as set out herein. The former § 12-21, pertained to additional requirements
for mobile ice cream vendors and other vehicles vending products to children and derived from Ord. No. 2002-
58, § 2, adopted Aug. 20, 2002; Ord. No. 2007-43, § 2, adopted Aug. 21, 2007; Ord. No. 2023-077, § 5, adopted
Nov. 7, 2023.
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
(Supp. No. 55)
Created: 2026-01-06 16:37:11 [EST]
Page 18 of 24
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;
(2) Issuance of one or more citations;
If two or more citations are issued within a six-month period for violations of applicable local
zoning, location, fire, safety. Citv of Grapevine Code of Ordinances and Chapters 437 and 437E of
the Texas Health and Safetv Code, Chapters 437 and 437B, or other non -health -related municipal
regulations, the citv may suspend the food service establishment's local authorization to operate
within the citv until all cited violations are corrected.
b. Anv suspension under this subsection applies only to local authorization to operate and does not
suspend, revoke, or otherwise affect a mobile food vendor license issued by the Texas Department
of State Health Services (DSHS), which may be denied, suspended, or revoked only by DSHS
pursuant to Chapter 437E of the Texas Health and Safetv Code.
cre rA"d to�, a rrrk0e vd unit nere" toc rr1n�� p;G�n rt
a eirr rrnnth perr;d, tl^�ta rrrcli�:;s %vd vnit permitslr^ l Its %"pended:
(3) Emergency closure/suspension order;
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. Order the immediate cessation of local operations due to conditions presenting an imminent
threat to public health or safetv. T-i"Icind without delay its F^^e eetahbhrr,snt 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, fire hazards, unsafe site
conditions, or catastrophic occurrence. aari_-�e fact cf ti-�nit inn, --\- w4a,,tp,_�hi e.
(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 after a lawful closure or
suspension of local authorization issued under this section. in an s;*WV'whmant w#iah ha�.- k2an -'esed
o „;;d its;f2sms s-.,.psnded F,6--nvsa%nt tc_ the s-e tien
(8) A person commits an offense if the person removes or tampers with any notice posted pursuant to this
subsection without authorization.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2023-077, § 6, 11-7-23; Ord. No. 2024-098, § 8, 11-19-24)
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) When the citv or its authorized representative determines that conditions exist at a food service establishment
or mobile food unit that pose an imminent threat to public health or safety, the citv mav, without prior notice
or hearing, order the immediate suspension of local authorization to operate to the extent permitted by law.
Such suspension shall be limited to local operations and shall not suspend, revoke, or otherwise affect anv
state -issued license, including a mobile food vendor license issued by the Texas Department of State Health
(Supp. No. 55)
Created: 2026-01-06 16:37:11 [EST]
Page 19 of 24
Services (DSHS), which may be acted upon only by DSHS pursuant to Chapter 437E of the Texas Health and
Safetv Code. The city may terminate the suspension when the unsafe condition no longer exists Vmm,4lth tarvkees
may, • ithe t warning ^^*iv cr Krrnit, livimr- cr -ertFfif kc- V- eperW- c f&--d servii^ce
estawhehrrrsnt if tha 1,:n-etr cf the permit, hay fcOa4�1th tha ragvirsrnanta cf
th�eaa r0-'l; M-A —,AA A -.'C\m10�^m&e--.,c\ vat itv'sea a haxaor� '#-- lv,6:10ic h��th. IJi�,!�th narviGe- May eRGI +"^
sacpcns�Qn M mnyUrnc if the r aber-,7 fcr -acpci*Qn; emeFgeeeycl&s6?rc nc ICnbcr cjiebe,
(b) If an imminent health hazard exists., including but not limited to loss of electrical power, interruption of water
service, sewage backup into the establishment, fire hazards, or other unsafe site conditions, the food service
establishment or mobile food unit shall immediatelv cease operations as ordered by the citv. Operations may
resume only after the citv determines that the hazardous condition has been corrected and, where applicable,
after anv required state authorization has been obtained rweh ;;,; -.,c\mp;att laic cf rafrigs rx-n --\- sewage
ba-wlc intc tha 2staw1ehmant, the 2st&\'ehrrant sl, ^ I imrrad y 2a rcd serv+:v VFa;>Xn--a
6hJl itict lac ta..AmCJ antil +�Atl�� cd b� r�cJY �nuvees.
(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 license for a food
service establishment, or the owner, operator, or person in charge of a mobile food unit whose local
authorization to operate has been suspended, may submit an appeal to the citv manager's office in writing
requesting a hearing if the person disagrees with the findings of the inspection or enforcement action. If no
written request for a hearing is filed within ten (10) days of receipt of the notice of suspension, the suspension
of local authorization to operate shall become final. The city may end the suspension at anv time if the
conditions giving rise to the suspension no longer exist. Than a cf s sspanar-\n e ban tha hf)ear cf tha
permit --v +fffi -- tha Ica aan in GhaFge (she ld ^ e pa:aa7 rat agFee`A�th tha fin4imRV cf the inaJM R
.-Z t); than m.0 pa.aan rn At iwkmit can tha sity FnanageF's effiee On Fiting Fequesting a hn-r inb -Ff
me wr pq►:2st h-rinb4-9�thin 'den days ef re-.eipt cf tha cf iwnlcarvaian, the permit
^4-A�II Ica a►sspandecl Ii/i,,"th aarv+ees Fnayene tha iwsparvaian ot ony tirr,a if vava 5,-\- a►vaparvaian rrc
IengeF exist.
(1) If a mobile food unit owner/operator fails to submit a written appeal requesting a hearing, the
suspension of local authorization to operate shall remain in effect peFFnit 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 with respect to
the citv's local enforcement action only.
(Ord. No. 2002-58, § 2, 8-20-02; Ord. No. 2023-077, § 6, 11-7-23; Ord. No. 2024-098, § 9, 11-19-24)
Note(s)—Former § 12-23. See editor's note, § 12-22.
(Supp. No. 55)
Created: 2026-01-06 16:37:11 [EST]
Page 20 of 24
Sec. 12-25-12-30. Reserved.
Grapevine, Texas, Code of Ordinances
(Supp. No. 556)
PART II - CODE OF ORDINANCES
Chapter 23 TRAFFIC
Created: 2026-04-28 15:37:24 [EST]
Page 21 of 24
PART II - CODE OF ORDINANCES
Chapter 23 TRAFFIC
Chapter 23 TRAFFIC2
ARTICLE 1. IN GENERAL
Sec. 23-1. Short title; adoption of Uniform Act Regulating Traffic on Highways.
This chapter may be known and cited as the Traffic Code.
All provisions of the Uniform Act Regulating Traffic on Highways, as now in effect in the state and generally
referred to as V.T.C.A., Transportation Code § 541.001 et seq., including all amendments to such statute as of this
date, is hereby adopted and is supplemented by the regulations set forth in this chapter.
Sec. 23-2. Authority of police officers and fire department officers.
It shall be the duty of the police department to enforce the provisions of this chapter. Officers of the police
department are hereby authorized to direct all traffic, either in person or by means of visible and/or audible signals
in conformance with the provisions of this chapter, provided that in the event of a fire or other emergency or to
expedite traffic or safeguard pedestrians, officers of the police department or fire department may direct traffic, as
conditions may require, notwithstanding the provisions of this chapter.
(Ord. No. 54-8, § 16, 3-2-54)
State law reference(s)—Obedience to officers, V.T.C.A., Transportation Code §§ 542.004, 542.501.
Sec. 23-3. Penalty.
Any person who shall violate any of the provisions of this chapter shall be deemed guilty of a misdemeanor
and upon conviction shall be fined not less than $1.00 nor more than the maximum provided in section 1-6.
(Ord. No. 54-8, § 81, 3-2-54)
State law reference(s)—Disposition of fines by municipality, V.T.C.A., Transportation Code § 542.402.
Sec. 23-4. Adoption of emergency and other regulations.
The city council is empowered by resolution to make and enforce regulations necessary to make effective the
provisions of this chapter and to make and enforce temporary regulations to cover emergency or special
conditions.
2Cross reference(s)—Permitting animals on streets or sidewalks, § 6-5; fence restrictions, § 7-120 et seq.; noise
from vehicles, §§ 12-7(1), (2), (5), (8), 12-8; obstructing in moving of buildings, § 7-166(7).
State law reference(s)—Authority of city as to traffic, V.T.C.A., Transportation Code §§ 502.003, 541.002,
542.201-542.203, 544.002, 544.003, 545.101, 545.252, 545.302, 545.355-545.360, 545.363, 550.041,
550.067, 552.006, 552.009, 623.091 et seq., 723.015; Vernon's Ann. Civ. St. art. 1175(e).
Grapevine, Texas, Code of Ordinances
(Supp. No. 556)
Created: 2026-04-28 15:37:24 [EST]
Page 22 of 24
(Ord. No. 54-8, § 17, 3-2-54)
Sec. 23-5. Obedience to police officers.
No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer
invested by law with authority to direct, control or regulate traffic.
(Ord. No. 54-8, § 18, 3-2-54)
State law reference(s)-Similar provision, V.T.C.A., Transportation Code §§ 542.004, 542.501.
Sec. 23-6. Roller skating, roller blading, and skateboarding within certain areas of the city
prohibited.
No person shall knowingly skate by means of roller skates, roller blades, or skateboard upon the sidewalk
areas or streets within the following areas of the city:
(1) The central business district.
(2) Lot 1A, Block 1, Grapevine City Hall Addition (City Hall).
(3) Lot 1, Block 1, Palace Theatre Addition (Palace Arts Center).
(4) Lots 4 and 5, North % of Lot 3, and Public Square, Block 20 (One Liberty Park Plaza).
(Ord. No. 54-8, § 21, 3-2-54; Ord. No. 92-22, § 1, 5-5-92; Ord. No. 2002-01, § 1, 1-15-02)
Sec. 23-7. Use of bicycles, scooters and similar devices on sidewalks within certain areas of
the city prohibited.
No person shall knowingly ride a bicycle, toy vehicle, scooter or any type of coaster on any sidewalk within
the following areas of the city:
(1) The central business district.
(2) Lot 1A, Block 1, Grapevine City Hall Addition (City Hall).
(3) Lot 1, Block 1, Palace Theatre Addition (Palace Arts Center).
(4) Lots 4 and 5, North % of Lot 3, and Public Square, Block 20 (One Liberty Park Plaza).
(Ord. No. 14, § 11, 1-14-49; Ord. No. 92-22, § 2, 5-5-92; Ord. No. 2002-01, § 1, 1-15-02)
State law reference(s)-Riding on roadways, V.T.C.A., Transportation Code § 551.103.
Sec. 23-8. Spillage from vehicles.
It shall be unlawful for any person to drive or operate a vehicle loaded with any material, including, but not
limited to, wood, gravel, sand, brick, paper, rubbish or liquid, upon or along any public street in the city, unless
such material or substance is loaded and secured in a manner as to prevent the load or any part thereof from
falling, blowing or spilling from said vehicle.
(Ord. No. 67-3, 2-7-67; Ord. No. 69-9, § 1, 2-18-69)
Cross reference(s)-Littering public property, § 12-21, 12-23.
(Supp. No. 556)
Created: 2026-04-28 15:37:15 [EST]
Page 23 of 24
Sec. 23-9. Designation of traffic safety coordinator.
The director of public works is hereby designated as the traffic safety coordinator.
(Ord. No. 81-59, § 1, 9-1-81)
Editor's note(s)—Ordinance No. 81-59, enacted Sept. 1, 1981, did not specifically amend this Code; hence,
codification of the substantive provisions of § 1 of said ordinance as § 23-9 is at the discretion of the editor.
Cross reference(s)—Authority, duties of traffic safety coordinator relative to traffic -control signals, § 23-45 et seq.
Secs. 23-10-23-18. Reserved.
ARTICLE 11. OPERATION OF VEHICLE
Sec. 23-19. Violation of stopping, standing and parking regulations unlawful; owner prima
facie responsible; penalty.
(a) It shall be unlawful and in violation of the provisions of this chapter for any person to cause, allow, permit or
suffer any vehicle registered in the name of or operated by such person to be stopped, to stand or to be
parked in the city in violation of any of the provisions of this chapter regulating the stopping, standing and
parking of vehicles.
(b) When any vehicle is found stopped, left standing or parked in violation of any of the provisions contained in
this chapter, such fact shall be prima facie evidence that such vehicle was stopped, left standing or parked by
the person in whose name such vehicle is registered and such registered owner shall be deemed guilty of
stopping, allowing to stand or parking such vehicle in violation of any of the provisions contained in this
chapter.
(c) No individual or vehicle may gather, stand, stop, park, assemble, or otherwise obstruct or disrupt the normal
flow of vehicular or pedestrian traffic in a manner that hinders access to travel lanes on public streets,
sidewalks, trails, crosswalks, driveways, routes or public parking lots required by the Americans with
Disabilities Act (ADA).
It is unlawful for anv person or group to interfere with or impede the free movement of vehicles or
Pedestrians on anv public street, alley, sidewalk, trail, crosswalk, driveway, public parking lot, or ADA-
accessible route without proper authorization or approved traffic control measures. This ensures the safetv
and accessibilitv of all individuals in public spaces.
{c4 _LdjAny person violating or failing to comply with the provisions of this chapter shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punished as provided in section 1-6 of this Code.
(Ord. No. 78-70, § 1, 11-7-78)
Editor's note(s)—Ord. No. 78-70, § 1, adopted Nov. 11, 1978 was nonamendatory of this Code; hence, codification
herein as § 23-19 is at the discretion of the editor.
(Supp. No. 556)
Created: 2026-04-28 15:37:16 [EST]
Page 24 of 24
ORDINANCE NO. 2026-050
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE
OF ORDINANCES CHAPTER 12, HEALTH AND
SANITATION, ARTICLE I, FOOD ESTABLISHMENTS,
ARTICLE II, AMENDMENTS/ADMINISTRATION, ARTICLE
III, ENFORCEMENT AND CHAPTER 23, TRAFFIC,
ARTICLE II, OPERATION OF VEHICLES, SECTION 23-19,
VIOLATIONS OF STOPPING, STANDING, AND PARKING
REGULATIONS UNLAWFUL, OF THE CITY OF
GRAPEVINE'S CODE OF ORDINANCES TO UPDATE
REGULATIONS PERTAINING TO FOOD
ESTABLISHMENTS, MOBILE FOOD ESTABLISHMENTS/
UNITS/VENDORS, AND THE PARKING AND OPERATION
OF MOBILE FOOD ESTABLISHMENTS/UNITS/VENDORS
WITHIN THE CITY (AM26-03); PROVIDING A PENALTY,
NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH SEPARATE OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED UPON EACH
DAY DURING OR ON WHICH A VIOLATION OCCURS;
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, the City of Grapevine has adopted regulations governing food
establishments in Chapter 12, Health and Sanitation, Article I of the Code of Ordinances
to protect the public health, safety, and welfare and to ensure the safe preparation,
handling, and service of food within the city; and
WHEREAS, during the 89th Texas Legislative Session, the Texas Legislature
adopted House Bill 2844 and other amendments to the Texas Health and Safety Code
affecting the regulation, permitting, and operation of food establishments and mobile food
units/vendors throughout the State of Texas; and
WHEREAS, the City of Grapevine has an interlocal agreement with Tarrant County
Public Health, the City's designated health authority, to review existing local regulations
and identify amendments necessary to maintain consistency with current state law,
administrative regulations, and food safety standards; and
WHEREAS, the City Council finds that the proposed amendments will update
outdated references, remove provisions preempted by state law, clarify permitting and
Ordinance No. 2026-050 1
inspection requirements, and improve the administration and enforcement of food
establishment regulations while continuing to protect the public health, safety, and welfare
of the residents and visitors of the City of Grapevine; and
WHEREAS, the City Council further finds that adoption of these amendments is in
the public interest and will promote consistency between the City's Code of Ordinances,
the Texas Health and Safety Code, the Texas Food Establishment Rules, and regulations
administered by Tarrant County Public Health and the Texas Department of State Health
Services; and
WHEREAS, the City Council desires to amend regulations governing mobile food
units/vendors to ensure consistency with applicable state law while preserving the City's
authority to regulate traffic safety and the use of public rights -of -way; and
WHEREAS, the City Council finds that the operation, parking, standing, or stopping
of motor vehicles, including mobile food units/vendors, in a manner that blocks, impedes,
or interferes with vehicular traffic, emergency vehicle access, bicycle traffic, pedestrian
travel, or other lawful use of the public right-of-way including trails is contrary to the public
health, safety, and welfare and should be prohibited.
WHEREAS, the City Council finds that these changes are in the best interest of
the public and will enhance the clarity, equity, and effectiveness of the City's code
enforcement efforts.
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
WHEREAS, the City Council has determined that amendment to Chapter 12,
Health and Sanitation, and Chapter 23, Traffic of the Code of Ordinances is in the best
interest of the health, safety, and welfare of the City of Grapevine and the public.
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. Chapter 12, Health and Sanitation, Article I. Food Establishments,
Division 1. Generally, is hereby deleted in its entirety and replaced, to read as follows:
Ordinance No. 2026-050 2
ARTICLE 1. FOOD ESTABLISHMENTS
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.
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.
In the event there are any conflicts between the regulations in Section 12, Article 1,
Food Establishments of the City of Grapevine Code of Ordinances and Chapters 437 and
437B of the Texas Health and Safety Code, Chapters 437 and 437B shall take
precedence.
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.
Cottage food production operation: an individual, operating out of the individual's
home, or a nonprofit organization that (Section 437.001, Texas Health and Safety Code):
(A) produces at the individual's home or the home of an individual who is a director
or officer of the nonprofit organization, as applicable, any food other than-
(i) meat, meat products, poultry, or poultry products;
(ii) seafood, including seafood products, fish, fish products, shellfish, and
shellfish products;
(iii) ice or ice products, including shaved ice, ice cream, frozen custard,
popsicles, and gelato;
(iv) low -acid canned goods;
(v) products containing cannabidiol or tetrahydrocannabinol; or
Ordinance No. 2026-050 3
(vi) raw milk and raw milk products;
(B) has an annual gross income of $150,000 or less from the sale of food described
by Paragraph (A), as the department annually adjusts for inflation using the
Consumer Price Index for All Urban Consumers (CPI-U) published by the United
States Bureau of Labor Statistics or its successor in function.,
(C) sells the foods produced under Paragraph (A) directly to consumers or to a
cottage food vendor; and
(D) delivers products to the consumer or cottage food vendor at the point of sale or
another location designated by the consumer or cottage food vendor.
Cottage food vendor a person located in this state who:
(A) has a contractual relationship with a cottage food production operation; and
(B) sells directly to consumers located in this state on behalf of the cottage food
production operation a food other than a time and temperature control for safety
food.
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 State Health Services (DSHS).
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.
Farmer's Market: a designated location used for a recurring event at which a majority
of the vendors are farmers or other food producers who sell food directly to consumers.
(Subsection 437.020, Texas Health and Safety Code)
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 provides food for human consumption: a food
service establishment retail food store catering operation, if the operation provides food
directly to a consumer or to a conveyance used to transport people; farmer's market
institutions and food This also includes any service that delivers food directly to
consumers or through delivery services, including grocery orders and restaurant takeout.
Ordinance No. 2026-050 4
A. Food establishment includes-
(i) an element of the operation, such as a transportation vehicle or a central
preparation facility that supplies a vending location or satellite feeding location
unless the vending or feeding location is permitted by the regulatory authority;
and
(ii) an operation that is conducted in a mobile, stationary, temporary, or
permanent facility or location and where consumption is on or off the premises
regardless if there is a charge for the food.
B. Food establishment does not include-
(i) an establishment that offers only prepackaged foods that are not
time/temperature control for safety (TCS) foods;
(ii) a produce stand that only offers whole, uncut fresh fruits and vegetables;
(iii) a food processing plant, including one that is located on the premises of a
food establishment;
(iv) a cottage food production operation;
(v) a bed and breakfast limited as defined in this section; or
(vi) a private home that receives catered or home -delivered food.
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.
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.
Mobile food vendor or MFV. Any person who dispenses food or beverages from a
food vending vehicle for immediate service or consumption. An MFV may cook, cool, hold,
prepare, reheat, or conduct other activities allowed by the Food Code to fulfill food orders
for immediate consumption. An MFV may not perform food manufacturer or food
wholesaler activities under Texas Health and Safety Code Chapter 431. An MFV does
not include any operation that is not readily moveable. MFVs are divided into three
categories (25 Texas Administrative Code Chapter 226.2):
Ordinance No. 2026-050 5
A. Type 1--an MFV that dispenses only non -time and temperature control for safety
(TCS) prepackaged food and does not sell TCS beverages, or an MFV that
otherwise poses a low risk of harm to the public as determined by the department;
B. Type 11--an MFV that dispenses prepackaged TCS foods or food that requires
limited handling and preparation, or TCS foods that are prepared to order and
served for immediate consumption; processes may include preparing, cold
holding, thawing, and/or reheating of commercially processed and/or packaged
products for immediate consumption; and
C. Type III --an MFV that prepares, cooks, holds, and serves food from a food
vending vehicle; processes may include hot holding, cold holding, thawing,
cooking, cooling, reheating, or conducting other activities allowed by the Food
Code.
Mobile food unit or food vending vehicle: A food vending vehicle and a mobile food
unit shall mean the same thing: Any vehicle that is a self -enclosed food service
establishment (including catering trucks, trailers, push carts, and roadside vendors) that
operates to store, prepare, display, or sell food as a food establishment and is designed
to be readily movable. A food vending vehicle may be self- or otherwise -propelled or
be vehicle -mounted. A food vending vehicle does not include a stand or a booth (25 Texas
Administrative Code Chapter 226.2).
Mobile food unit owner/operator. The individual or entity responsible for owning,
managing, or operating a mobile food unit or food vending vehicle, which is any vehicle
that operates as a food service establishment and is designed to be readily movable, and
who dispenses or oversees the dispensing of food or beverages for immediate service or
consumption (25 Texas Administrative Code Chapter 226.2).
Nonprofit organization: An organization exempt from federal income tax under
Section 501(a), Internal Revenue Code of 1986, as an organization described by Section
501(c)(3) of that code. This definition shall be consistent with its definition in subsection
437 (5-a) in the Texas Health and Safety Code.
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 nondurable 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.
Ordinance No. 2026-050 6
Temporary food establishment: A food establishment that operates for a period of
one (1) to five (5) days or six (6) to 14 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.
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 and
online with the Tarrant County Public Health Department.
Section 3. Chapter 12, Health and Sanitation, Article I. Food Establishments,
Division 2. Amendments/Administration, is hereby deleted in its entirety and replaced, to
read as follows:
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.
Sec. 12-6. Food handler training course required.
(a) Employees of a food establishment (fixed or mobile food vendor) who are involved
in the preparation or service of food products, except for certified food protection
managers, shall successfully complete an accredited food handler training course
within 30 days of employment, consistent with 25 Texas Administrative Code Chapter
226.3(c); Chapter 437B of Texas Health and Safety Code.
(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
proof of successful completion of an accredited food handler training course.
(c) Every food service or food establishment shall have available on the premises at all
times the food handling proof of successful completion of an accredited food handler
training course 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.
Ordinance No. 2026-050 7
(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 consistent with 25 Texas
Administrative Code Chapter 226.3(c); Chapter 437B of Texas Health and Safety
Code.
Sec. 12-7. RESERVED.
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 may be requested but shall be required for every food
establishment with separate and distinct facilities and operations, such as lounge
operations within a food establishment that are in addition to food operations,
whether situated in the same building or at separate locations consistent with
Subsection 437.006 of the Texas Health and Safety Code.
(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.
(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) All mobile food units operating within the city must comply with the statewide Mobile
Food Vendor (MFV) licensing requirements established under Chapter 437B of the
Texas Health and Safety Code. Mobile food units operating from a fixed food facility
located outside the city must also maintain proper truck registration, insurance, and
current driver's license information for each vehicle and driver. For additional
requirements, refer to Section 12-21, mobile food units for more requirements.
(g) A temporary food/event establishment permit shall be required, and inspections shall
be required from Health services.
(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
complete a new application for issuance of a new permit by health services to meet
current food establishment standards as defined in this Code and state law.
(j) The following types of establishments are exempt from the requirements of this
article:
Ordinance No. 2026-050 8
(1) Group homes;
(2) Establishments selling only commercially packaged, non -potentially hazardous
foods;
(3) Vending machines;
(4) Facilities operated by nonprofit organizations consistent with Subsection
437.007 of the Texas Health and Safety Code; and
(5) Private schools that do not have a kitchen.
(k) Any open food or food that requires temperature control requires a permit from Health
services.
(1) 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.
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 two categories; annual or temporary, as
follows-
(1) Annual. An establishment that operates throughout the year. This includes
farmers' markets which are limited to operate no more than six weekends
consecutively, two times each year, and not associated with a special event,
although their establishment shall be issued one annual permit: consistent with
Subsection 437.020, Texas Health and Safety Code
(2) Temporary. An establishment that operates, one (1) to five (5) days or six (6) to
14 days in conjunction with a special event no more than four times a year.
(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, independent school
districts, snack bars, concessions, bakeries, snow cone stands, caterer's
commissaries, private school cafeterias, halfway house food services,
hospital kitchens/cafeterias, institutional food services, self-service markets
etc., where food is prepared and/ or served.
b. Retail food stores handling prepackaged, potentially hazardous foods.
c. Retail food stores handling, processing, serving or selling open foods.
d. Food warehouses/wholesalers.
Ordinance No. 2026-050 9
e. Bars/lounges handling, processing, serving or selling open foods.
(2) Mobile food units/vendors.
a. All mobile food unit/vendor permitting is handled through the statewide
mobile food vendor licensing requirements established under Chapter 437B
of the Texas Health and Safety Code. As required by subsection 437B.051,
each mobile food unit/vendor owner/operator is required to obtain an annual
mobile food vendor license issued by the Texas Department of State Health
Services for statewide operation refer to Section 12-21, mobile food
units/vendors for more requirements.
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 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.
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.
(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.
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
Ordinance No. 2026-050 10
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.
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 vendor license issued by the
Texas Department of State Health Services, or temporary food establishment permit.
Sec. 12-14. Permits —Duration.
(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 nonpayment 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.
(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 one (1) to five
(5) days or six (6) to 14 days from date of issuance in conjunction with a single event
or celebration unless suspended or revoked for cause.
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.
Sec. 12-16. Inspection frequency.
(a) An inspection of a food service establishment shall be conducted by the local health
authority in accordance with the risk -based inspection frequency established under
the Texas Food Establishment Rules, as adopted and administered by the Texas
Department of State Health Services. Risk assessments shall be reviewed at least
every three (3) years, or sooner upon significant changes in menu or operations, with
inspection frequency ranging from one (1) to three (3) times annually based on the
assigned risk category.
Ordinance No. 2026-050 11
(b) Additional inspections of the food establishment shall be performed as often as
necessary for the enforcement of this article.
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 request 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.
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.
Ordinance No. 2026-050 12
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.
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
Sec. 12-21. Additional requirements for mobile food units/vendors.
(a) Mobile food units are subject to the following regulations-
(1) All mobile food units operating in the city must first obtain and maintain annual
licenses and permits from the fire prevention office (unless a valid permit has
already been obtained from another agency in the state of Texas) and the Texas
Department of State Health Services (DSHS). All required state licenses and
permits must be kept in the unit and made available to city officials and the the
public upon request.
(2) All mobile food units operating within the city must have a state 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 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
Ordinance No. 2026-050 13
jurisdiction's name and local code when reporting sales and use tax for taxable
items sold in the city.
(b) Alcoholic beverage sales.
(1) Alcoholic beverages sales from mobile food units are prohibited.
(c) Vehicle and insurance requirements.
(1) A mobile food unit owner/operator must maintain:
(a) Valid vehicle registration;
(b) Motor vehicle operator's license;
(c) Proof of vehicle liability insurance; and
(d) Notarized statement by owner/operator 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 (3) working days' notice
to the owner/operator.
(d) Mobile food unit/vendor location and site requirements.
(1) All mobile food units must be located in an appropriately zoned district, including
and limited to "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.
(2) Units shall operate only on individually platted lots that are zoned for commercial
use and that meet all safety, access, and utility requirements established by this
ordinance.
(3) The number of mobile food vendors permitted to be located and operate on a
single lot at one time shall be determined based on the lot's ability to meet
applicable zoning, safety, traffic circulation, sanitation and access standards. At
minimum, the site must satisfy the applicable site -capacity conditions listed
below.
a. Unobstructed fire lanes, hydrant access, and emergency vehicle paths must
be maintained in accordance with the adopted Fire Code;
b. Ensure that required parking for existing onsite uses remains fully compliant
with Section 56, Off -Street Parking Requirements of the zoning ordinance.
c. Provide adequate queueing areas and pedestrian circulation paths that do
not interfere with drive aisle, sight triangles, or pedestrian safety.
(4) A mobile food unit/vendor must obtain 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 when located and operating on public (such as a city park) and
private property.
Ordinance No. 2026-050 14
a. Any mobile foot unit operating on city -owned property must execute a hold -
harmless agreement indemnifying the city from liability arising from the
vendor's operations.
(5) Mobile food units shall not obstruct sidewalks, bicycle lanes, marked crosswalks,
or designated emergency access routes. All placement must allow unobstructed
access for public safety personnel and equipment, unless approved in writing by
the city as part of a city sponsored festival or special event.
(6) No mobile food unit shall be located on a vacant lot.
(7) No mobile food units, their merchandise, advertising or seating shall obscure
traffic visibility.
(8) Mobile food units may operate within the public right-of-way only when located
in designated areas such as public parking spaces and shall not occupy or
impede active travel lanes, sidewalks or trails. Under no circumstances shall
their operation result in the obstruction, queueing, or disruption of normal
vehicular, bicycle, and pedestrian traffic flow. At no point shall the operations of
a mobile food unit block the maintaining of a 4-foot clear pedestrian path for ADA
accessibility.
(9) Mobile food units and their associated equipment shall not operate in driveways,
fire lanes, or required parking spaces for the buildings on the lot.
(10)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 an
approved site plan filed with the city's Planning Services Department. 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.
(11)A mobile food unit may utilize outside seating consisting of a portable table and
a maximum seating capacity of eight, within no more than one nonrequired
parking space.
(12)AII mobile food units shall be equipped with a self -closing lidded, trash
receptacle. The trash receptacle 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.
(13) Mobile food units operating on any lot shall comply with all provisions of Article
VI — Nuisances. Generators or other power equipment associated with a mobile
food unit shall not exceed the maximum dBA established for the applicable
zoning district, particularly when located within 300 feet of a residential use or
residential zoning district, per Section 12-21(e)(2) below.
(14) Mobile food units must leave the surrounding areas clean and tidy as closing
each day with no residual trash, liquids, or residue. All trash, tables, chairs, and
any other equipment must be removed to ensure the space is restored to its
Ordinance No. 2026-050 15
original condition. The location must appear as if the mobile food unit had not
been there.
(15)All mobile food units must be maintained in good working order, kept clean, and
present a well -maintained appearance. The exterior of the unit shall be free from
patently offensive language, images, or materials that can be deemed
inappropriate for public display.
(e) Utilities.
(1) 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.
(2) Generators must be placed at least 300 feet from a residential use or district.
(f) Inspections.
(1) The city may inspect the property, site layout, and placement of a mobile food
unit to ensure compliance with zoning, traffic, safety and property use -
requirements. The city may not conduct a health or operational inspection of a
mobile food unit except as authorized through a collaborative agreement with
DSHS under Chapter 437B.
(g) Prohibitions.
(1) A drive -through is not permitted in conjunction with the mobile food unit and shall
not provide a drive -through service of any kind.
(2) Temporary utility connections must comply with all plumbing, electrical, and
safety ordinances and codes. Unauthorized or unsafe temporary connections
are prohibited.
(3) No outdoor speakers of any type are permitted to emanate from a mobile food
unit or associated seating and table areas.
(4) A mobile food unit, including any associated equipment, signage, or customer
queueing area, shall be located no closer than 30 feet from the curb line of any
intersecting street to preserve intersection sight -visibility triangles and ensure
safe vehicular and pedestrian movement.
(h) Exceptions.
(1) A mobile food unit may operate on a residential lot for a private event not open
to the public, provided the property owner (or authorized agent) grants written
permission and the unit's placement does not obstruct sidewalks, vehicular
travel and bike lanes, drive aisles, sight visibility triangles, or designated
emergency access routes and is located outside of the public right-of-way.
a. The mobile food unit must comply with Article VI - Nuisances, including
noise and lighting standards applicable to residential districts. Generators
or other power equipment shall not exceed the maximum decibel levels for
the district.
Ordinance No. 2026-050 16
(2) Public and private schools may host a mobile food unit on -site, subject to the
approval of a temporary use permit consistent with [app. DJ subsection 42.A,
temporary use permits of the zoning ordinance and its limitations.
(i) 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.
0) Vending requirements for mobile ice cream vendors.
(1) Location.
a. Mobile ice cream vending is prohibited within city parks except when the
owner/operator has entered into a concessionaire agreement with the parks
and recreation department.
b. Mobile ice cream trucks shall not vend within 100 feet from an intersection.
(2) 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 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.
(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.
Ordinance No. 2026-050 17
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 4. Chapter 12, Health and Sanitation, Article 1. Food Establishments,
Division 3. Enforcement, is hereby deleted in its entirety and replaced, 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-
(1) Issuance of a written warning notice;
(2) Issuance of one or more citations;
a. If two or more citations are issued within a six-month period for violations of
applicable local zoning, location, fire, safety, City of Grapevine Code of
Ordinances and Chapters 437 and 437B of the Texas Health and Safety
Code, Chapters 437 and 437B, or other non -health -related municipal
regulations, the city may suspend the food service establishment's local
authorization to operate within the city until all cited violations are corrected.
b. Any suspension under this subsection applies only to local authorization to
operate and does not suspend, revoke, or otherwise affect a mobile food
vendor license issued by the Texas Department of State Health Services
(DSHS), which may be denied, suspended, or revoked only by DSHS
pursuant to Chapter 437B of the Texas Health and Safety Code.
(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. Order the immediate cessation of local operations due to conditions
presenting an imminent threat to public health or safety.
(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, fire hazards, unsafe site conditions, 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.
Ordinance No. 2026-050 18
(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 after a
lawful closure or suspension of local authorization issued under this section.
(8) A person commits an offense if the person removes or tampers with any notice
posted pursuant to this subsection without authorization.
Sec. 12-23. License, certificate or permit suspension.
(a) When the city or its authorized representative determines that conditions exist at a
food service establishment or mobile food unit that pose an imminent threat to public
health or safety, the city may, without prior notice or hearing, order the immediate
suspension of local authorization to operate to the extent permitted by law. Such
suspension shall be limited to local operations and shall not suspend, revoke, or
otherwise affect any state -issued license, including a mobile food vendor license
issued by the Texas Department of State Health Services (DSHS), which may be
acted upon only by DSHS pursuant to Chapter 437B of the Texas Health and Safety
Code. The city may terminate the suspension when the unsafe condition no longer
exists.
(b) If an imminent health hazard exists, including but not limited to loss of electrical
power, interruption of water service, sewage backup into the establishment, fire
hazards, or other unsafe site conditions, the food service establishment or mobile
food unit shall immediately cease operations as ordered by the city. Operations may
resume only after the city determines that the hazardous condition has been
corrected and, where applicable, after any required state authorization has been
obtained.
Sec. 12-24. Revocation proceedings.
(a) Notification of right to hearing. When a notice of suspension is given, the holder of
the license for a food service establishment, or the owner, operator, or person in
charge of a mobile food unit whose local authorization to operate has been
suspended, may submit an appeal to the city manager's office in writing requesting
a hearing if the person disagrees with the findings of the inspection or enforcement
action. If no written request for a hearing is filed within ten (10) days of receipt of the
notice of suspension, the suspension of local authorization to operate shall become
final. The city may end the suspension at any time if the conditions giving rise to the
suspension no longer exist.
(1) If a mobile food unit owner/operator fails to submit a written appeal requesting a
hearing, the suspension of local authorization to operate shall remain in effect
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.
Ordinance No. 2026-050 19
(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 with respect to the city's local enforcement action only.
Sec. 12-25-12-30. Reserved.
Section 5. Chapter 23, Traffic, Article II. Operation of Vehicle, Subsection 23-19,
Violation of stopping, standing and parking regulations unlawful; owner prima facie
responsible; penalty., is hereby amended, to read as follows:
Sec. 23-19. Violation of stopping, standing and parking regulations unlawful;
owner prima facie responsible; penalty.
(a) It shall be unlawful and in violation of the provisions of this chapter for any person
to cause, allow, permit or suffer any vehicle registered in the name of or operated
by such person to be stopped, to stand or to be parked in the city in violation of any
of the provisions of this chapter regulating the stopping, standing and parking of
vehicles.
(b) When any vehicle is found stopped, left standing or parked in violation of any of the
provisions contained in this chapter, such fact shall be prima facie evidence that
such vehicle was stopped, left standing or parked by the person in whose name
such vehicle is registered and such registered owner shall be deemed guilty of
stopping, allowing to stand or parking such vehicle in violation of any of the
provisions contained in this chapter.
(c) No individual or vehicle may gather, stand, stop, park, assemble, or otherwise
obstruct or disrupt the normal flow of vehicular or pedestrian traffic in a manner that
hinders access to travel lanes on public streets, sidewalks, trails, crosswalks,
driveways, routes or public parking lots required by the Americans with Disabilities
Act (ADA).
It is unlawful for any person or group to interfere with or impede the free movement
of vehicles or pedestrians on any public street, alley, sidewalk, trail, crosswalk,
driveway, public parking lot, or ADA-accessible route without proper authorization or
approved traffic control measures. This ensures the safety and accessibility of all
individuals in public spaces.
(d) Any person violating or failing to comply with the provisions of this chapter shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be punished as
provided in section 1-6 of this Code.
Ordinance No. 2026-050 20
Section 3. 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 4. 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.
Section 5. 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 6. 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 7TH DAY OF JULY, 2026.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
Matthew C.G. Boyle
City Attorney
Ordinance No. 2026-050 21