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Tomball market operator asks council to loosen tent limits, allow longer food-truck shifts
Summary
At a May 18 workshop, an art-market operator asked Tomball council to raise or remove a fixed tent limit and permit food trucks to stay longer than the current four-hour peddler window; staff and the fire marshal said tent capacity should be set by fire-safety spacing and health-department rules.
An art-market operator asked Tomball city leaders on May 18 to give his event more flexibility by raising or removing a fixed tent-count cap and allowing food trucks to park for longer shifts.
Michael Dean Pierce told the City Council he originally set a 12‑tent cap when the market started but has since run into enforcement problems when the market exceeded that number. “I arbitrarily picked the number 12, and now I get in trouble because we have 13,” Pierce said, asking the council to let the fire marshal determine safe spacing rather than enforce a static tent number.
Staff reviewed the 2023 approvals: ordinance 2023‑04 created the open‑air market CUP; a second ordinance, 2023‑05, that would have specifically allowed food trucks was denied. David (staff) told council the O5 food‑truck ordinance was turned down and the workshop was intended as an informal check of council sentiment before a formal P&Z and CUP amendment process.
Pierce and market supporters also pressed the council to allow food trucks to stay longer than the existing four‑hour peddler window. Pierce said the market’s food vendors want to operate 12‑hour day‑and‑evening shifts so they can serve customers without the tight turnover the four‑hour rule creates. “All we're really asking is to change the length of time that the truck can stay in place,” he said.
Fire‑safety staff recommended a technical approach to capacity. The city’s fire marshal told council tent counts alone are a poor proxy for safety because larger tents change the egress calculations; the fire marshal recommended using aisle and exit‑spacing calculations — the same approach used at the farmers market — to set safe maximums.
On sanitation and waste management, market representatives said the Texas health‑department commissary rules — which require trucks to report to a commissary and obtain documentation on a 24‑hour cycle — already govern grease and greywater disposal. Amanda Kelly, market manager for the Tomball Farmers Market, told council the market’s existing restroom access (the depot and a new Cherry Street facility) would support the operator’s requested tents and food‑truck numbers if the fire marshal signs off.
Council members and staff repeatedly noted the city can be more restrictive than state or county health rules but does not have to wait for pending state implementation to act locally. Several council members encouraged staff to craft options — for example, a 12‑hour time limit or fire‑marshal‑determined tent capacity — that could be considered by planning and zoning and the council.
The workshop produced no vote. Staff will continue to consult with the fire marshal, the city attorney, and health officials and may bring formal amendments back through the planning and zoning process if council directs.
