By Moses Leos III
A new ordinance in Buda could pave the way mobile food vendors to operate in the city.
However, Vic Garcia of Shugabees BBQ believes strict guidelines in the ordinance could do more harm than good . It’s enough for Garcia to possibly contemplate heading north to Austin.
“The move they are making is to keep (mobile food vendors) out,” Garcia said. “That’s what I believe it’s for.”
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Rules, rules, rules Food vendor ordinances for food trailers in Buda |
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A mobile food vendor must: • Demonstrate mobility if necessary • Provide a 12 foot distance from other building or vendors • Not set up in fire lane • Prepare or display food and beverages on site • Not attach any equipment to increase the display capacity of vendor • Not have a sign that isn’t attached to the unit • Have one sandwich board if located on private property for more than one hour • Be equipped with commercial cooking ventilation and fire suppression for eating establishments under the city’s building codes • Provide covered garbage and storage facilities • Not run a vendor from a residential home • Have a grease interceptor to dispose of grease, fats or oil if working with hot food • Use electricity from a generator and utilize cords that conform with city code • Have proof of availability of restrooms no more than 500 feet from the unit if in one location for more than an hour |
• Operate in zoning districts that allow food establishments if on private property • Not operate prior to 6:00 a.m. or 30 minutes after dark within 200 ft of a residential zoning district • Have minimum parking requirements that meets city standards • Submit permit application with written authorization from property owner if on private property • Not operate in a public park without permission from City Manager or designee Temporary Food Events must: • Provide a certificate confirming the use of flame retardant material f larger than 200 feet in diameter • Have minimum parking requirements that meets city standards • Have proof of availability of restrooms no more than 500 feet from the unit • Provide permits from the Texas Alcoholic Beverage Commission or successor agency • Operate only during hours allowed by the zoning district they are located in |
At its April 15 meeting, the Buda City Council passed the first reading of an ordinance enacting strict guidelines on vendors and temporary food establishments (TFEs).
Chance Sparks, Buda’s director of planning said the ordinance opens the opportunity for vendors to come to town. An influx of seasonal inquiries spurred the ordinance.
“Under current code, mobile vendors are not permitted at all. Once they stop, that’s when they become non-compliant,” Sparks said. “It now allows them to stop and operate [in city limits].”
With the new ordinance, vendors and food events must apply for a city permit, which Sparks said would be issued on a quarterly basis. Vendors must also obtain permits from Hays County.
To obtain a permit, vendors must meet guidelines set by the city; many mirror the state’s requirements under the Texas Food Establishment rules.
Sparks said many cities have similar guidelines. He said it gives notice to vendors of what they’ll need to operate in Buda.
“It gives us local authority to enforce [those rules],” Sparks said.
Measures include having a three-compartment sink, a commissary and potable water hookups, among other requirements.
The city added several additional measures that go beyond the state’s requirements. One is the inclusion of a self-contained grease interceptor for vendors who serve hot food — something Sparks said other cities have also mandated.
According to Sparks, mobile eatery vendors must also meet the city’s electrical and fire suppression codes.
The incorporation of restrooms is an additional requirement. Vendors must submit notarized proof of restroom availability. Facilities must be no more than 500 feet from the location.
Flushable toilets connected to the city’s wastewater system are a must for mobile food vendors; TFE’s could opt to have portable toilets.
“They need to have permission to use restrooms for their employees. Or, if they are setting up a seating area, to where customers can use it, too,” Sparks said.
The new rules give cause for concern for Garcia, who has operated his business near the FM 967 and 1626 intersection for the past three years.
According to Garcia, the restroom component is an issue. He believes property owners, who allow vendors to operate on, may have to consider building restroom facilities — a measure many may not be willing to do.
Installing a grease interceptor also creates a challenge for vendors.
“I’ve inquired about having a grease [interceptor] collection system to make it easier for us,” Garcia said. “Most companies will not allow it; they won’t do it.”
Vanessa Ramirez, owner of Artic Chill, which operates next to the HEB in Buda, also shares concerns. The cost to adhere to ordinance is her biggest worry.
“I just want to have my business here,” she said. “I will have to follow the rules.”
Both Garcia and Ramirez said city staff did not contact them prior to the ordinance’s first reading.
Sparks said city staff aims to speak with both within the next week.
Buda Mayor Todd Ruge understood mobile food vendors are “en vogue.”
However, Ruge said the city wanted to bolster the county’s inspection and code standards with their own.
While not overly concerned, Garcia said he’d keep an eye on the situation. While he enjoys the customer base in Buda, he said a move to Austin could be on the horizon if Buda’s ordinances become too problematic.
“At this point, we are not worried about it,” he said. “The work we do and the business we have is sufficient to operate here. It’ll be what’s beneficial for us.”
For Ramirez, trying to adhere to standards will depend on what council ultimately comes up with.
“Hopefully they let us know before it goes into effect,” she said.
