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<br />~ 95 <br /><:r <br /> <br /><:::) <br />N <br /> <br /> <br />- <br /><S- <br />O'- <br />~ ORDINANCE 1991- 61 <br />IX)" <br />N AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS, ADOPTING CHAPTER 5 1/2, TEMPORARY FOOD <br />SERVICE FACILITIES REGULATING TWO CATEGORIES OF <br />TEMPORARY FOOD SERVICE FACILITIES; PROVIDING FOR <br />SEVERABILITY; REPEALING ALL CONFLICTING ORDINANCES; <br />PROVIDING A PENALTY; PROVIDING FOR PUBLICATION AND <br />PROVIDING AN EFFECTIVE DATE. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />SECTION 1. That Chapter 5 1/2, Temporary Food Service <br />Facilities, of the San Marcos Code of Ordinances is amended to <br />read as follows: <br /> <br />CHAPTER 5 1/2 <br />TEMPORARY FOOD SERVICE FACILITIES <br /> <br />Sec. 5 1/2-1. Definitions. <br /> <br />Temporary Food Service Facility means an establishment that <br />sells or serves food or drink from a structure that is not <br />constructed with a permanent foundation on the site it occupies, <br />including: <br /> <br />(a) Mobile Food Service Facility, a vehicle that is driven <br />from place to place including but not limited to ice <br />cream vending trucks, pizza delivery vehicles and <br />commissary trucks, and <br /> <br />(b) Portable Food Service Facility, a structure that can be <br />moved from place to place but that stays at one <br />location during a normal business day. <br /> <br />Sec. 5 1/2-2. Regulations for Mobile Food Service Facilities. <br /> <br />Mobile Food Service Facilities must be franchised by the <br />City. <br /> <br />Sec. 5 1/2-3. Regulations for Portable Food Service Faci.li ties. <br /> <br />Portable Food Service Facilities: <br /> <br />(a) are exempt from building, plumbing and mechanical codes <br />but not from electrical, sign, and health codes; <br /> <br />(b) shall not hook up directly to the City water or sewer <br />systems; <br /> <br />(c) must have all signs attached to the Portable Food <br />Service Facility; <br /> <br />(d) are not required to provide separate parking or <br />landscaping but shall be set back at least. five feet <br />from all property lines and ten feet from permanent <br />buildings; <br /> <br />(e) shall operate only in commercial zoning districts; <br /> <br />(f) shall not reduce the number of available parking spaces <br />of any nearby building below the number required in the <br />zoning ordinance for that building; <br /> <br />(g) are not required to have floodplain permits and may be <br />located in the flood plain but not in the f1oodway; if <br />located in the floodplain, Portable Food Service <br />Facilities are not required to have flood plain <br />permits, but shall be fully licensed and equipped for <br />highway use; <br /> <br />(h) shall have a six (6) month temporary certificate of <br />