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Wimberley staff proposes new rules for food trucks after state law limits city permits
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Summary
City staff presented a draft ordinance to pull mobile food vendors out of the temporary-structure permitting process, replacing one-off city permits with a registration system and local rules (setbacks, parking, utilities) to comply with a new state law that takes effect July 1.
Wimberley Mayor Jim Childs and staff told the council on April 16 that a new state law will restrict the city's ability to issue one-off permits for mobile food vendors, prompting a staff-drafted ordinance to preserve local zoning control while complying with the state.
Nathan Glazier, introduced by the mayor, said the draft removes food trucks from the temporary-structures permitting process and creates a separate "mobile food vendor" category. "The new state law is gonna prevent us from enforcing our temporary structure permits, which basically governs food trucks in Wimberley," Glazier said, adding the proposed local rules are intended to protect public safety and efficient land use while honoring the state changes.
The draft would require vendors who plan to remain at a location more than four days to register with the city (no fee) and provide proof of a license from the Texas Department of State Health Services. Local regulations in the draft include minimum setbacks (five feet from property lines; a proposed 50-foot setback from residences and 10 feet from buildings in other cases), a requirement for off-street parking (two spaces outside the city center), stable surface parking, limits on signage, and restrictions on utility hookups; staff proposed prohibiting direct connection to the city sewer system to avoid grease-disposal issues.
Staff also proposed creating a "food court" conditional-use category so multiple vendors on a single site would be reviewed as a site plan rather than through repeated individual permits. "We can still enforce zoning," Esther (city staff) said during discussion, noting the city retains authority to determine where mobile vendors may locate even if it can no longer require a city-issued permit.
Council members asked about grandfathering for existing vendors. Staff said operations already permitted under current rules would be grandfathered until their permits expire; moving forward, vendors would register through the state and also be tracked by the city. Glazier said the city plans to bring a formal ordinance back to council for consideration in June so the city has a local framework before the state law takes effect on July 1.
The council did not take final action on the draft at the April 16 meeting; staff sought direction on setbacks, conditional-use treatment for multi-vendor "food courts," and registration logistics.
The council's next step, according to staff, is to refine the draft based on today's comments and return with a proposed ordinance and zoning code changes for formal consideration.
