By Andy Sevilla.
Though not presently allowable within the city limits per the current rules, a property owner hopes to accommodate a mobile eatery within Kyle’s menu of downtown attractions.
The successful Austin fad, which boasts multiple food options with picnic tables in the open air, has also taken hold in San Marcos, and Bill Bryant wants to bring that trendy business to Kyle.
“We think it’s a use that’s proving to be very popular in Austin. There’s nothing like it in Kyle and we could pull in traffic from I-35 and bring people into the city,” said Bryant, an owner-partner of Center 81 Investments, LLC, which owns the northwest corner lot of the Center Street and Old Highway 81 intersection where the project is being proposed.
The “high-quality” project would include about nine food trailers showcasing local and other cuisine, with tables and adequate parking, Bryant said. However, that project cannot move forward under the present Kyle rules.
“With the city’s current ordinance a food trailer park is not permitted, because the food trailer needs to be an accessory use rather than the principal use,” said Kyle Planning Director Sofia Nelson.
“At this point the city is excited about the possible use, however we really need to make sure that the appropriate site and health and safety requirements are coded into an ordinance,” she said.
| For an international fusion of flavors, one might try the Wanderlust eatery, as enjoyed by Hannah Johns (left) and Susan Bailey. At top, David Rodriguez of San Marcos enjoys a burger and fries from the Patty Wagon at a San Marcos mobile eatery lot located at C.M. Allen Parkway and Hopkins Street. (Photos by David White) |
Kyle’s current rules regulating mobile food vendors says food trucks must operate from an approved commissary and must be equipped with a self-containing pressurized hot and cold potable water system, a hand washing sink, a three-compartment ware
wash sink, a permanently installed wastewater holding tank (15 percent greater in size than potable water capacity) and covered trash receptacles, among other things. The law also states that mobile food vendors may only operate from 6:00 a.m. to 30 minutes past dusk and the vendors may not remain longer than 60 minutes at any one location.
“At this point, Mr. Bryant is working to get a council member to sponsor the code amendment to allow food trailers as a primary use, rather than as an accessory use to a main business,” Nelson said.
Bryant said he is requesting changes to the existing ordinance in an effort to accommodate a mobile eatery moving into Kyle.
“Whatever we do, we’d like to get a high-quality project that the city can be proud of,” he said.
Kyle council member Samantha LeMense has a unique perspective on the dais. She was locked in a fight with the city over the same issue about two years ago. LeMense said in a telephone interview that the present rules made it difficult for her to run a mobile snow-cone stand because of “over regulation.”
There are two temporary mobile food vendors presently permitted in Kyle, according to city records. Mambo Freeze Shaved Ice at 5401 FM 1626 has a permit valid through Oct. 28 and La Estrellita at 100 Center Street has a permit valid through December.
Temporary vendors operate under the same city ordinance but are considered different than mobile vendors because their operation is not attached to a vehicle with a motor. These types of businesses may operate for up to nine months in a calendar year.
Ordinance No. 629
Ordinance No. 629, which regulates mobile food vendors, requires the business to meet all state and local laws and regulations applicable to mobile food vendors and food establishments.
The ordinance also requires:
All foods must be from an approved source and bear a label demonstrating that they are from an approved source.
Mobile units must operate from an approved commissary, and a residential home is not allowed. The commissary shall comply with all food establishment rules and hold current licenses and permits.
Only single service/use items are allowed (i.e. Styrofoam, plastic or paper).
Mobile food vendors may not connect to the city water and wastewater system, except at an approved commissary or other facility approved by the city for such purposes.
Mobile food vendors must operate out of a clean and enclosed unit or vehicle.
Mobile food vendor unit or vehicle must be equipped with the following:
Self-contain a pressurized (by pump) hot and cold potable water system.
A hand-washing sink (equipped with soap and paper towels).
A three-compartment ware wash sink (must have capacity for largest piece of ware/equipment).
A permanently installed wastewater holding tank (15 percent greater in size than potable water capacity).
Covered trash receptacles.
Thermometers (cold hold, hot hold and stem type for cooked food).
Smooth, easily cleanable and nonabsorbent surfaces.
Mobile food vendors shall properly sanitize all food contact surfaces.
All employees must have a valid Food Handler’s Training Certificate.
All mobile food vendors must provide the city with a copy of Texas Sales Tax Certificate.
If a mobile food vendor unit or vehicle is not commercially designed, then a plan or drawing showing the layout of the unit must be submitted to the city building department for review with the application for permit.
Mobile food vendors must complete a commissary certification letter.
All mobile food vendors may only operate from 6:00 a.m. to 30 minutes past dusk and may not remain longer than 60 minutes at any one location. For the purposes of defining a location – a location is considered to be the same parcel of property.
