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O-2015-2758 - 8/27/2015 I ORDINANCE NO. 0-2015-2758 2 3 4 AN ORDINANCE AMENDING CHAPTER 46, SECTIONS 46-5 AND 5 46-161, CODE OF ORDINANCES (2010 EDITION), CITY OF ROUND 6 ROCK, TEXAS, BY ADDING MOBILE FOOD ESTABLISHMENTS; AND 7 PROVIDING FOR A SAVINGS CLAUSE AND REPEALING 8 CONFLICTING ORDINANCES AND RESOLUTIONS. 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, 11 TEXAS: 12 I. t3 That Chapter 46, Section 46-5, Code of Ordinances (2010 Edition), City of Round 14 Rock, Texas, is hereby amended as follows, with the new definitions set forth below 15 being appropriately inserted alphabetically: 16 Sec.46-5. -Definitions. 17 Term Definition Event center A facility consisting of multipurpose rooms, outdoor courtyards, or recreational facilities used for hosting social gatherings such as weddings, parties, receptions, and dances. Mobile food establishment A motor vehicle or enclosed trailer that is used for the purpose of cooking, preparing, and/or assembling food items for sale to the public. Small scale-alcohol production The production of limited amounts of alcoholic beverages for on-site and/or off-site consumption. Includes facilities such as microbreweries, microdistilleries, and microwineries, plus brewpubs in which the restaurant aspect of the establishment is accessory to the brewing aspect. 18 19 II. 20 That Chapter 46, Section 46-161, Code of Ordinances (2010 Edition), City of 21 Round Rock, Texas, is hereby amended to add subsection (c) to read as follows: 22 Sec. 46-161. -Accessory uses. 23 (c) Mobile food establishments. 24 (1) General. A mobile food establishment is a temporary food service operation that supports 25 certain types of businesses in certain locations in the City. 0112.1504;00340424 1 (2) Accessory use only. Mobile food establishments are prohibited except as an accessory 2 use supporting the following primary uses: 3 a. Eating and drinking establishments located on lots zoned MU-1 or a PUD which 4 abuts an MU-1 or MU-2 zoned parcel; 5 b. A multi-tenant center where the mobile food establishment is located within an 6 internally oriented pedestrian promenade which is not visible from the public right 7 of way; 8 C. Small-scale alcohol production facilities; 9 d. Event centers; 10 e. Municipal parks and recreation facilities; and 11 f. Higher education facilities corporate office campuses, and business/ industrial 12 parks at which the mobile food establishment provides service to the students or 13 employees of the hosting organization. 14 (3) Temporary in nature. Mobile food establishments are meant to be open and on-site only 15 on a temporary basis. As such, the following requirements shall be met: 16 a. New connections to city water or wastewater infrastructure are prohibited; 17 b. New electric meters are prohibited; and 18 C. It shall be unlawful for the owner of a mobile food establishment which is visible 19 from public rights-of-way to park the vehicle overnight at the location of their 20 associated primary use on any Sunday, Monday, Tuesday, Wednesday, or 21 Thursday night, with the exception of Sunday and Thursday nights that coincide 22 with a federal holiday the following day. 23 (4) Permit required. 24 a. Except as provided below, an annual permit from the city for each calendar year 25 beginning January 1 shall be required for the operation of a mobile food 26 establishment. The property owner or tenant who is hosting the mobile food 27 establishment shall be responsible for obtaining the permit. 28 b. A site map showing the proposed location of the mobile food establishment(s) 29 shall be provided. 30 C. All applications for mobile food establishment permits shall be accompanied by 31 the appropriate fee as set forth in appendix A of this code. 32 (5) Site location criteria. 33 a. Mobile food establishments shall not locate on public streets or in public parking 34 lots, but may locate in an unimproved alley of a property zoned MU-1. 35 b. Mobile food establishments shall not be located within 50 feet of a single family 36 dwelling unit. This measurement shall be taken from the property line of the 37 dwelling unit to the closest point of the mobile food establishment location. 38 c Mobile food establishments shall not locate in access drives fire lanes or 39 improved alleys. 40 d. Mobile food establishments shall not locate on sidewalks in or along the right-of- 41 way without prior approval from the city. Approval may be granted if a minimum 42 width of five (5)feet of sidewalk remains free of any obstructions. 43 e. Mobile food establishments may not occupy any parking spaces needed for the 44 minimum required parking for the primary use. 2 I f. Mobile food establishments shall be located a minimum of 15 feet from fire 2 hydrants and five (5) feet from any utility box, ADA accessibility ramp, or building 3 entrance. 4 (6) Other requirements. 5 a. The mobile food establishment shall be in compliance with Williamson County & 6 Cities Health District regulations and applicable City fire department regulations. 7 b. All signage and identification for the mobile food establishment shall be on or 8 attached to the vehicle. Menu items may be displayed on sandwich boards which 9 are not attached to the vehicle. 10 C. The mobile food establishment shall not operate during hours that the primary 11 use is closed. 12 J. All food vending transactions shall occur from the vehicle. 13 e. No trash or grease shall be left at the site after the departure of the mobile food 14 establishment except in existing on-site containers specifically designed for such 15 waste. 16 f. Vehicles, generators, and other equipment shall be maintained so as to be in 17 operable condition at all times. 18 q. Durable exterior-grade finishes and decorations shall be utilized for all exterior 19 materials on the vehicle and shall be maintained in accordance with minimum 20 property, structural and health standards. 21 h. Sites smaller than one acre are prohibited from having more than two (2) mobile 22 food establishments on-site at any one time. 23 24 25 III. 26 27 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are 28 expressly repealed. 29 B. The invalidity of any section or provision of this ordinance shall not 30 invalidate other sections or provisions thereof. 31 C. The City Council hereby finds and declares that written notice of the date, 32 hour, place and subject of the meeting at which this Ordinance was adopted was posted 33 and that such meeting was open to the public as required by law at all times during 34 which this Ordinance and the subject matter hereof were discussed, considered and 35 formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas 36 Government Code, as amended. 3 1 Alternative 1. 2 By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate 4 days was dispensed with. s READ, PASSED, and ADOPTED on first reading this �� day of 6 NVMez1+ 2015. 7 Alternative 2. s READ and APPROVED on first reading this the day of 9 , 2015. 10 READ, APPROVED and ADOPTED on second reading this the day of I 1 , 2015. 12 13 14 cfz 15 ALAN MCGRAW, Mayor 16 City of Round Rock, Texas 17 18 ATTEST: 19 20 21 SARA L. WHITE, City Clerk 4