5.406 Mobile Vendors

  1. Required Permits
    1. Vendor Certificate of Occupancy.
      1. All Food and Merchandise Vendors shall obtain a Vendor Certificate of Occupancy for each specified location where sales are to take place from a mobile vending unit. Except as otherwise provided herein, a Vendor Certificate of Occupancy is valid for one year from the date of issuance.
      2. No Vendor Certificate of Occupancy will be issued without written authorization from the owner or person in control of the premises stating that the mobile vending unit has permission to occupy the premises where the mobile vending unit is located to sell merchandise, or sell or serve food.
      3. No Vendor Certificate of Occupancy will be issued without written authorization from the owner or person in control of each premises stating that the mobile vending unit has permission to use a commercially plumbed restroom located on the premises where the mobile vending unit is located or without a restroom facility build in the mobile unit required by Chapter 16, “Health and Sanitation” of the City Code of the City of Fort Worth.
      4. Vendor Certificate of Occupancy permits issued to mobile vending units located between 50 feet and 100 feet from any single family or multifamily residential use are valid for six months from the date of its issuance.
      5. No Vendor Certificate of Occupancy will be issued to a Food Vendor without a Health Permit.
    2. Health Permit.
      1. Food Vendors must obtain a permit from the Public Health Department to operate as a mobile vending unit.
      2. Merchandise vendors are not required to obtain a health permit.
    3. General Provisions
      1. A Vendor Certificate of Occupancy may be denied if the mobile vendor fails to provide a valid vehicle registration, motor vehicle operator’s license, proof of vehicle liability insurance, and a Texas Sales Tax Permit.
      2. A Vendor Certificate of Occupancy is not transferable.
      3. The Vendor Certificate of Occupancy sticker must be displayed on the upper left rear area of the mobile vending unit in a conspicuous location.  If such location is not practicable, the permit shall be located in a location approved by the Director of the Development Department or his assignee.
  2. Hours of Operation
    1. No mobile vending unit shall operate at any time between the hours of 2 a.m. and 7 a.m.
    2. Transient Food Vendors may not stop for more than 60 consecutive minutes at any one location to sell or serve food.
  3. Operational Requirements
    1. Mobile vending units may only operate in locations as allowed by the Fort Worth Zoning Ordinance.
    2. No mobile vending unit may operate within 50 feet from a single-family or multi-family residential use.  Single-family or multi-family residential use shall not include a residence that is part of a business or a mixed-use structure.
    3. All mobile vending units must park on an improved surface.
    4. No mobile vending unit may be located on a vacant lot.
    5. No mobile vending unit, displays of merchandise, seating, or temporary shelters may obscure traffic.
    6. No mobile vending unit shall be allowed to sell merchandise, sell, or serve food on any public street, sidewalk, or other public right-of-way.
    7. All mobile vending units shall be equipped with a self-closing lidded trash receptacle.  The trash receptacle must be placed outside next to the mobile vending unit for use by the patrons of the unit.  The area around the mobile vending unit shall be kept clean and free from litter, garbage, and debris.
    8. The connection of a mobile vending unit to a source of electricity, water, and sewer at a mobile vending site is prohibited unless a permit has been obtained from the Development Department for each connection and the connection has been inspected and found to comply with city codes.  Each permit shall be maintained in the mobile vending unit at all times and made available upon request by city personnel.
    9. Merchandise and Food vendors shall remove the mobile vending unit daily form the property.
    10. All Food Vendors and Transient Food Vendors handling potentially hazardous food products shall report the mobile vending unit at least once a day to its designated commissary for food, supplies, cleaning and servicing as required by Chapter 16, “Health and Sanitation” of the City Code of the City of Fort Worth.
    11. Except as otherwise limited by this ordinance or other city codes, a vendor may utilize outside seating consisting of a portable table and a seating capacity of four.
    12. Except as otherwise limited by this ordinance or other city codes, a vendor may use amplified music, provided that such music shall not exceed a decibel level of 85 as measured by a decimeter or exceed a level which is unreasonable.
    13. All mobile vending units handling or selling potentially hazardous food products must be a commercially manufactured vehicle as defined in Section 9.101, “Definitions” of the Zoning Ordinance and in Chapter 16, “Health and Sanitation” of the Fort Worth City Code.
    14. Any mobile vending unit that is not commercially manufactured vehicle as defined in Section 9.101, “Definitions” of the Zoning Ordinance and in Chapter 16, “Health and Sanitation” of the Fort Worth City Code that is permitted after September 24, 2001 and before September 24, 2002 shall be allowed to operate as a legal non-conforming use for a period of five years, until September 24, 2007.
    15. No more than one mobile vending unit per individual tract, parcel or platted lot shall be allowed.  A maximum of three mobile vending units shall be allowed on an individual tract, parcel or platted on which a grocery store with a footprint exceeding 50,000 square feet is located as a special exception by the Board of Adjustment, provided, however, that in granting any such special exception, the Board shall consider the following:
      1. The reason for the request;
      2. The number of available parking spaces on the lot;
      3. Whether an increase number of mobile vending units would be compatible with the existing use and permitted development of adjacent properties, and
      4. Any other issues the Board of Adjustment considers to be relevant.
  4. Additional Requirements for Mobile Vending Units Located Within 100 Feet From a Single Family or Multifamily Residential Use
    1. No mobile vending unit may operate within 50 feet from a single family or multifamily residential use.  Single-family or multi-family residential use shall not include a residence that is part of a business or a mixed-use structure.
    2. All mobile vending units between 50 feet and 100 feet from a single family or multifamily residential use must obtain the unanimous consent of all the owners of the single family or multifamily residential property within a one hundred (100) foot radius around the mobile vending unit.

      Consent from the property owners must be signed, notarized, and dated within 30 days from the date the vendor submits an application for a Vendor Certificate of Occupancy.

      If the single family or multifamily residential property is not the primary residence of the owner, the resident or tenant of the property must give his or her consent.

      Measurement shall be determined in a straight line (ignoring intervening structures) form closest point of the mobile vending unit to the closest point of the property line of the single family or multifamily residential use.

    3. No amplified music is allowed after 10 p.m.
    4. No portable chairs and tables are allowed after 10 p.m.
    5. The use of portable or vehicle mounted generators to supply electricity to a mobile vending unit is prohibited.
  5. Exemptions

    The provisions and requirements of Section 5.406 do not apply to:
    1. All events/activities/festivals approved by the Board of Adjustment under Section 5.400 of the Zoning Ordinance entitled “Amusement, Outdoor (Temporary)”;
    2. All events/activities/festivals approved by City Council; and
    3. All events/activities/festivals lasting no longer than fourteen consecutive days that are open to the public for the purpose of providing entertainment/food and/or sales of merchandise and are in conjunction with a single event or celebration. (Ord. No. 15249, Eff. 10/18/02, Ord. No. 15912, Eff. 3/18/04)