Ord 2025-4038_Regulations for Mobile Food Vendors

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ORDINANCE NO.2025-4038 AN ORDINANCE AMENDING CHAPTER 22 `BUSINESSES" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, BY ADOPTING REGULATIONS FOR THE OPERATION OF MOBILE FOOD VENDORS IN THE CITY; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. Chapter 22, "Businesses," of the Code of Ordinances of the City of La Porte, Texas, Section 22-33 "Definitions" is hereby amended by amending the definition of "food establishment', which shall hereinafter read as follows, to wit: "sec. 22-33. - Definitions. Food establishment means each place where food or drink is manufactured, packaged, produced, processed, transported, stored, sold, commercially prepared, or otherwise handled, whether offered for sale, given in exchange or given away for use as food or furnished for human consumption. The term includes food service establishments, food processing establishments, retail food stores, temporary food establishments, mobile food vendors and roadside vendors. The term does not apply to private homes where food is prepared or served for guest and individual family consumption. The term does not apply to a place where a commercially packaged single portion of non -potentially hazardous snack items and wrapped candy are sold over the counter." Section 2. Chapter 22, `Businesses," of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by adding new Section 22-58 "Mobile food vendors", which section shall hereinafter read as follows, to wit: "Sec. 22-58 - Mobile food vendors. (a) Purpose and applicability. The purpose of this section is to permit mobile food vendors to operate on private property within the city and establish regulations to protect the health, safety and welfare of the public. (1) Definitions. a. Concept plan means a diagramed plan that includes property lines, adjacent rights -of -way, location of all mobile food vending units, parking areas and surface material, maneuvering areas and surface material, seating areas, and any other information reasonably required by the director of planning and development. Concept plans may be approved by the director of planning and development. b. Site means a lot or parcel of property on which a mobile food service unit is permitted to operate. c. Commissary means a central preparation facility or other fixed food establishment that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption to mobile, temporary and portable food vendors.