HomeMy WebLinkAboutPO 7436: AMENDING CHAPTER 22, BUSINESSES, ARTICLE IX, TEMPORARY AND MOBILE FOOD UNITS, OF THE CODE OF ORDINANCES p.o 7436
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INTEROFFICE MEMORANDUM
TO: Honorable Mayor and City Council
DATE: June 16, 2026
SUBJECT: Ordinance Amending Chapter 22, Article IX, Temporary and Mobile Food Units, to
Comply with House Bill 2844
BACKGROUND:
The Texas Legislature enacted House Bill 2844 during the 89th Legislative Session, creating
Chapter 437B of the Texas Health and Safety Code and establishing a statewide licensing program
for mobile food vendors. Effective July 1, 2026, the legislation significantly limits municipal
authority to regulate food trucks and other mobile food vendors by preempting local permitting,
licensing, and inspection requirements that conflict with state law.
The City of Port Arthur's current regulations governing Temporary and Mobile Food Units are
codified in Chapter 22, Article IX, Sections 22-465 through 22-468 of the Code of Ordinances.
These provisions require local permits, annual permit fees,permit applications,health inspections,
commissary reporting requirements, and authorize the suspension or revocation of permits for
noncompliance.
Several provisions of the existing ordinance are inconsistent with Chapter 437B and must be
amended or repealed to ensure compliance with state law.
PURPOSE:
The purpose of the proposed ordinance is to repeal the City's existing food truck permitting
framework and replace it with regulations consistent with House Bill 2844, while preserving the
City's authority to protect public health,safety,and welfare through generally applicable municipal
regulations.
The proposed ordinance repeals the existing provisions governing permits, permit fees, permit
applications, permit issuance,permit suspension, and permit revocation for mobile food vendors.
FISCAL IMPACT:
The proposed ordinance will eliminate annual permit fees currently assessed to mobile food
vendors. The fiscal impact is anticipated to be minimal due to the relatively limited number of
mobile food vendors operating within the City. Any loss of permit revenue is necessary to comply
with state law.
RECOMMENDATION:
Staff recommends approval of the ordinance amending Chapter 22, Article IX, Temporary and
Mobile Food Units, of the Code of Ordinances to comply with House Bill 2844 and Chapter 437B
of the Texas Health and Safety Code.
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 22,
BUSINESSES, ARTICLE IX, TEMPORARY AND MOBILE
FOOD UNITS, OF THE CODE OF ORDINANCES;
REPEALING EXISTING SECTIONS 22-465 THROUGH 22-
468 IN THEIR ENTIRETY; ADOPTING NEW
REGULATIONS GOVERNING TEMPORARY FOOD
ESTABLISHMENTS AND MOBILE FOOD VENDORS
CONSISTENT WITH CHAPTER 437B OF THE TEXAS
HEALTH AND SAFETY CODE; ESTABLISHING LOCAL
OPERATIONAL REQUIREMENTS CONSISTENT WITH
STATE LAW
WHEREAS, the Texas Legislature enacted House Bill 2844 during the 89th Legislative
Session, codified in Chapter 437B of the Texas Health and Safety Code, establishing a statewide
licensing program for mobile food vendors; and
WHEREAS, Chapter 437B preempts certain local regulation of mobile food vendors and
limits the authority of municipalities to impose licensing,permitting, and operational requirements
that conflict with state law; and
WHEREAS, the City Council finds it necessary to amend Article IX of Chapter 22 of the
Code of Ordinances to ensure compliance with state law while preserving the City's authority to
protect the public health, safety, and welfare through generally applicable regulations concerning
zoning, fire protection, traffic control, sanitation, and the use of public property; and
WHEREAS,the City Council finds that repeal and replacement of Article IX is necessary
to eliminate provisions that are inconsistent with Chapter 437B of the Texas Health and Safety
Code; and,
WHEREAS, Sections 22-465 through 22-468 of Chapter 22, Article IX, Temporary and
Mobile Food Units, are hereby repealed in their entirety and replaced as set forth herein.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR, TEXAS:
Section 1. That the facts and recitals contained in the preamble are hereby found to be
true and correct and are incorporated herein for all purposes.
Section 2. Sections 22-465 through 22-468 of Chapter 22, Article IX, Temporary and
Mobile Food Units, are hereby repealed in their entirety:
• Sec. 22-465. - Temporary food establishments and mobile units—Permits and plans
required; exemptions.
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• Sec. 22-466. - Same—Selling time, location, and parking requirements.
• Sec. 22-467. - Same—Application for permit, period, fee, issuance.
• Sec. 22-468. - Same—Inspection, suspension, and revocation of permit.
Section 3. The following sections are hereby adopted and incorporated in Chapter 22,
Businesses, Article IX, Temporary and Mobile Food Units, Of The Code of Ordinance, as more
particularly set forth in Exhibit "A":
• Sec. 22-465. Purpose.
• Sec. 22-466. Definitions.
• Sec. 22-467. State License Required.
• Sec. 22-468. Compliance with State and Local Laws.
• Sec. 22-469. Location and Operational Requirements.
• Sec. 22-470. Fire and Life Safety Requirements.
• Sec. 22-471. Sanitation and Waste Disposal.
• Sec. 22-472. Temporary Food Establishments
• Sec. 22-473. Investigations and Enforcement.
• Sec. 22-474. Penalty.
• Sec 22-475. Permit fees.
Section 4. All ordinances or parts of ordinances in conflict with this Ordinance are hereby
repealed to the extent of such conflict. To the extent any provision of Article IX conflicts with
Chapter 437B of the Texas Health and Safety Code, Chapter 437B shall control.
Section 5. This Ordinance shall be cumulative of all other ordinances of the City and shall
not repeal any of the provisions of those ordinances except in those instances where the provisions
of those ordinances are in direct conflict with the provisions of this Ordinance. Provided,however,
that the repeal of such ordinances or part of such ordinances, and the amendments and changes
made by this Ordinance, shall not affect any right, property, or claim which was or is vested in the
City, or any act done, or right accruing or accrued, or established, or any suit, action or proceeding
had or commenced before the time when this Ordinance shall take effect; nor shall said repeals,
amendments or changes affect any offense committed, or any penalty or forfeiture incurred, or any
suit or prosecution pending at the time when this Ordinance shall take effect under any of the
ordinances or sections thereof or repealed, amended or changed; and to that extent and for that
purpose the provisions of each ordinances or parts of such ordinances shall be deemed to remain
and continue in full force and effect.
Section 6. If any part, sentence, or phrase of this Ordinance is determined to be unlawful,
void, or unenforceable, the validity of the remaining portions of this Ordinance shall not be
adversely affected. No portion of this Ordinance shall fail or become inoperative by reason of the
invalidity of any other part. All provisions of this Ordinance are declared to be severable.
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Section 7. This Ordinance shall become effective upon adoption and publication as
required by law.
Section 8. A copy of the caption of this Ordinance should be spread upon the Minutes of
the City Council.
READ, ADOPTED, AND APPROVED on this day of June A.D., 2026, at a
Meeting of the City Council of the City of Port Arthur by the following vote: AYES:
Mayor: ,Councilmembers:
NOES:
Charlotte M Moses, Mayor
ATTEST:
Christie Whitley Ned, City Secretary
APPROVED AS TO FORM:
Roxann Pais Cotroneo, City Attorney
APPROVAlli OR ADMINISTRATION:
Ronald B on, City Manager
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Exhibit "A"
ARTICLE IX. TEMPORARY AND MOBILE FOOD UNITS
Sec. 22-465. Purpose.
The purpose of this article is to regulate the operation of temporary food establishments and mobile
food vendors within the City in a manner consistent with Chapter 437B of the Texas Health and
Safety Code while protecting the public health, safety, and welfare. Nothing in this article shall be
construed to limit the authority of the City to abate nuisances or enforce emergency public safety
measures authorized by law
To the extent any provision of this Article conflicts with Chapter 437B of the Texas Health and
Safety Code, Chapter 437B shall control.
Sec. 22-466. Definitions.
(a) The definitions contained in Chapter 437B of the Texas Health and Safety Code, as
amended, shall govern the interpretation of this article.
(b) In the event of a conflict between this article and Chapter 437B of the Texas Health and
Safety Code, state law shall control.
(c) For purposes of this article:
(1) "Food vending vehicle" shall have the meaning assigned by Chapter 437B of
the Texas Health and Safety Code and includes any vehicle that operates as a food service
establishment and is designed to be readily movable.
(2) "Mobile food vendor" shall mean any person who dispenses food or beverages
from a food vending vehicle for immediate service or consumption. As reflected in Section
437B.003, Texas Health and Safety Code.
(3) "Temporary food establishment" means a food-service establishment that
operates at a fixed location for a period not exceeding fourteen (14) consecutive days in
conjunction with a single event or celebration, including a festival, bazaar, carnival, circus, public
exhibition, or sporting event. It shall also include an establishment that is granted an exemption by
the health authority.
Sec. 22-467. State License Required.
(a) Beginning July 1, 2026, a mobile food vendor operating within the corporate limits of
the City shall possess and maintain a valid mobile food vending license issued by the Texas
Department of State Health Services pursuant to Chapter 437B of the Texas Health and Safety
Code.
(b) Proof of state licensure and any required health inspection certificate shall be displayed
in a conspicuous location for public view or made available upon request to an authorized City
official.
(c) Except as otherwise authorized by Chapter 437B, the City Health Department shall not
require a separate food establishment permit, mobile food unit permit, health permit, temporary
event permit, or similar license for a licensed mobile food vendor.
Sec. 22-468. Compliance with State and Local Laws.
Nothing in this article shall exempt a mobile food vendor from compliance with:
(1) Applicable zoning regulations;
(2) Building codes;
(3) Fire codes and fire safety regulations;
(4) Traffic and parking regulations;
(5)Utility connection requirements;
(6) Stormwater, wastewater, grease disposal, and environmental regulations;
(7) Sign regulations;
(8)Noise regulations;
(9)Public nuisance regulations; and
(10) Any other generally applicable ordinance not in conflict with Chapter 437B of the
Texas Health and Safety Code.
Sec. 22-469.Location and Operational Requirements.
(a) Mobile food vendors may operate on private property with the consent of the property
owner and in compliance with applicable zoning regulations. Upon request of an authorized City
official, a mobile food vendor operating on private property shall provide documentation
demonstrating the property owner's authorization for the vendor to operate at the location.
(b) Mobile food vendors may operate on public property as authorized by state law and
subject to generally applicable parking regulations, as well as applicable City policies, rules, and
procedures governing the use of public facilities, parks, rights-of-way, and other municipal
property.
(c) A mobile food vendor operating on public property shall:
(1) Comply with all parking regulations applicable to commercial vehicles;
(2) Park at least twenty(20) feet from an intersection;
(3) Position the food vending vehicle so that service is provided toward the
sidewalk or away from the street, when practicable.
(d) A mobile food vendor shall not:
(1) Obstruct vehicular traffic;
(2) Interfere with pedestrian movement;
(3) Block ingress to or egress from private property;
(4)Block access to buildings,driveways,fire lanes,fire hydrants,utility easements,
or emergency access routes; or
(5) Create a condition that endangers public health or safety.
(e) Mobile food vendors and their patrons shall comply with all applicable traffic and
pedestrian laws.
(0 The City may require a permit and payment of fees for operation in a public park as
authorized by state law.
Sec. 22-470. Fire and Life Safety Requirements.
(a) Mobile food vendors shall comply with all applicable provisions of the International
Fire Code, as adopted by the City.
(b)Mobile food vendors shall cooperate with the City Fire Marshal in connection with fire
and life safety inspections.
(c)Mobile food vendors shall comply with all applicable fire and life safety codes and shall
be subject to inspection by the Fire Marshal or other authorized City officials. Nothing in this
article shall limit the authority of the Fire Marshal to conduct inspections or investigations at any
time for purposes of code enforcement,permit renewal,complaint investigation,hazard mitigation,
or when reasonable cause exists to believe a violation of law or hazardous condition is present.
Sec. 22-471. Sanitation and Waste Disposal.
(a) Mobile food vendors shall maintain the premises in a clean and sanitary condition.
(b) Mobile food vendors shall provide clearly marked waste receptacles for customer use.
(c) Mobile food vendors shall collect, remove, and properly dispose of refuse generated
within twenty-five(25) feet of the operating area at the conclusion of service.
(d) Wastewater, grease, oil, and other liquid waste shall be disposed of in accordance with
applicable federal, state, and local laws.
(e) No person shall discharge wastewater, grease, food waste, or other pollutants into any
storm sewer, street, ditch, drainage facility, or public property.
Sec. 22-472. Temporary Food Establishments.
(a) Any person desiring a permit for a temporary food establishment shall obtain all
permits, licenses, and approvals required by applicable federal, state, and local laws, ordinances,
and regulations.
(b) Temporary food establishments shall provide adequate off-street parking for customers
in accordance with applicable zoning regulations. Additional parking, traffic management, or
circulation requirements may be imposed as part of a special event permit or site approval when
necessary to protect public health, safety, and welfare.
(c) Temporary food establishments and their patrons shall comply with all applicable state
and local traffic and pedestrian regulations. Temporary food establishments shall not obstruct
public streets, sidewalks, fire lanes, emergency access routes, ingress or egress points, utility
easements, or other areas necessary for public safety.
(d) Temporary food establishments shall be inspected and regulated by the City's Health
Department as authorized by law and shall comply with all applicable health, sanitation, food
safety, and environmental regulations.
(e) Temporary food establishments operating in conjunction with a festival, fair, carnival,
bazaar, community event, public exhibition, sporting event, or similar temporary gathering shall
comply with all applicable event permits, fire and life safety requirements, health regulations,
traffic control requirements, occupancy limitations, and other lawful conditions imposed by the
City.
(f) Nothing in this Article shall be construed to prohibit the City from regulating the use
of public property,parks, rights-of-way, special event venues, or temporary event sites, including
the issuance of permits and the imposition of reasonable conditions necessary to protect public
health, safety, and welfare.
(g) Licensed mobile food vendors operating pursuant to Chapter 437B of the Texas Health
and Safety Code may participate in festivals, fairs, community events, and similar temporary
gatherings; however, participation in such events shall not exempt the vendor from complying
with generally applicable event requirements, site regulations, fire and life safety requirements,
traffic and parking regulations, or lawful conditions imposed by the City or the event organizer.
(h) Any temporary food establishment or mobile food vendor operating on City-owned
property, within a public park, or as part of a City-sponsored or City-permitted special event shall
provide proof of commercial general liability insurance in amounts established by the City and,
when required by the City, shall name the City as an additional insured.
(i) Temporary food establishments participating in temporary events shall be subject to
inspection and enforcement by the City's Health Department, Fire Marshal, Building Official,
Police Department, and other authorized City officials as permitted by law.
(j) The Fire Marshal, Police Department, Building Official, or other authorized City
official may order the immediate cessation of operations of a temporary food establishment or
mobile food vendor whenever an imminent threat to public health, safety, or welfare exists.
Operations may not resume until the hazardous condition has been corrected and authorization to
resume operations has been granted by the appropriate City official.The health authority can order
the immediate cessation of operations of a temporary food establishment.
(k) Nothing in this section shall be construed to limit the City's authority to regulate special
events, temporary uses, public assemblies, public parks, municipal facilities, or the use of public
property, nor shall it be construed to prohibit the City from requiring special event permits, park
permits, facility use agreements, vendor registration with an event organizer, proof of liability
insurance, or other generally applicable approvals authorized by law.
Sec. 22-473. Investigations and Enforcement.
(a) The City may investigate complaints involving a mobile food vendor when there exists
reasonable suspicion of a violation of law.
(b) The City may investigate reported foodborne illnesses and shall report suspected
violations of Chapter 437B to the Texas Department of State Health Services.
(c) A mobile food vendor shall cooperate with any lawful investigation conducted by the
City.
(d) The City may cite mobile food vendors and assess penalties for violations of local
ordinances not in conflict with Chapter 437B.
den or otherwise impair a license issued bythe
(e) The City shall not suspend, revoke, y, p
Texas Department of State Health Services.
(f) The Fire Marshal, Police Department, Building Official, or other authorized City
officials may order the immediate cessation of operations of a mobile food vendor or temporary
food establishment whenever an imminent threat to public health, safety, or welfare exists.
Operations may not resume until the hazardous condition has been corrected and the appropriate
City official has authorized the resumption of operations.
Sec. 22-474. Penalty.
Any person violating any provision of this article shall be deemed guilty of a Class C misdemeanor
and, upon conviction, shall be punished as provided in Section 1-8 of this Code.
Sec. 22-475. Permit fees for food establishments operating within the City Boundaries.
(a) An applicant shall pay the permit fee established below, except that a permit fee is not
required for a food establishment that is:
(1) Necessary to provide services under a contract for social services with the city; or
(2) Operated by a public-school system.
(3) Mobile food Vendor
(b) If a permit application is not approved, the health authority may refund the permit fee to the
applicant.
(c) Fees:
Service/item Fee Description
High-risk food permits $300.00 Heavy preparation, reusable tableware, manager
certification, and food handler cards are required.
Medium risk food permit $210.00 Medium-to-heavy preparation, single-service
tableware, manager certification, and food handler
cards required.
Low-risk food permit $120.00 Sales mainly of pre-packaged foods with little or no
preparation.
Temporary food permit $52.00 $52.00 per permit, valid for up to 14 consecutive days
in conjunction with a single event or celebration.
An additional permit will not be issued prior to 30
days after the initial permit has expired.
Food service plan review $30.00 Fee to review & inspect the acceptability of proposed
food establishment plans.
$150.00 Food service inspection fee
General Sanitation
Inspection Fees