§ 19-53. Procedure for approval and applicable standards.

(a)

The application shall be submitted to the development services department at least ten (10) working days prior to the first date the contemplated concession is to take place.

(b)

Application submittal requirements may include, but not be limited to, the following:

(1)

Completed written application;

(2)

Valid legal identification;

(3)

Proof of insurance and/or bond, in accordance with requirements established by the city;

(4)

Site plan (each location of a concession shall be considered a separate business, therefore a separate permit shall be required for each location);

(5)

Proposed signage;

(6)

A county health department permit, is required. Any concession must adhere to county health department requirements;

(7)

Copy of the current signed lease from the property owner to utilize the property from which the concession is to be conducted;

(8)

State sales tax identification number and the city shall be indicated as the origin of sales;

(9)

A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance (the city reserves the right to perform a criminal background check prior to the issuance of a permit); and

(10)

Payment of a concession fee (permit fee) as established by the city council;

a.

The annual permit fee, as established by the city council, shall be five hundred dollars ($500.00) per concession;

b.

The permit is valid from the date of completion of the application and payment of the concession fee has been made;

(11)

The concession park manager shall pay a concession park fee as established by city council;

a.

The annual permit fee, as established by the city council, shall be one thousand dollars ($1,000.00) per concession park permit;

b.

The permit is valid from the date of completion of the application and payment of the concession park permit fee has been made.

(c)

Location standards.

(1)

Concession permits are valid in commercial, resort/recreation, central business, heavy industrial and light industrial zoning districts.

(2)

Concessions will not be permitted within seventy-five (75) feet of an existing brick and mortar business which sells similar goods or services. Measurement shall be from the window of the concession to the door of the business.

(d)

The following regulations shall apply:

(1)

The proposed site of the concession may not include or be located within any required parking space(s) for a permanent business(es);

(2)

A concession may not be located in the public right-of-way, state highway department right-of-way or driveway and any serving window shall maintain a minimum setback of five (5) feet from the street right-of-way;

(3)

For purposes of this article, structures that are manufactured for a use other than mobile vending may not be used. Examples of acceptable vehicles include, but are not limited to, vehicle equipped with serving windows, merchandise display equipment, kitchen preparation areas, and advertisement display section. Approved structures must adhere to the following:

a.

No cracked windows;

b.

No visible rust or disrepair;

c.

No offensive images or language may be on the concession or signs;

d.

No emission of noxious gases, odors, and/or fumes;

(4)

Shall not operate from a vehicle such as a passenger (pickup) truck, flatbed trailer, mobile home, automobile, or passenger van;

(5)

Maximum of twelve (12) person seating allowed.

(6)

The concession must be able to relocate within eight (8) hours of an emergency declaration by the city;

(7)

The concession shall be maintained in a clean and sanitary manner and shall not allow the accumulation of stagnant water. The concession must be associated with a commissary for disposal of oil and grey water;

(8)

Food preparation must meet Galveston County Health District regulations;

(9)

Concessions must have a water source as approved by the county health district and provide a free-standing pole or on-board generator for electrical service;

(10)

A maximum of four (4) signs shall be permitted at each concession. The cumulative square footage may not exceed the face of the structure. Flashing and/or intermittent lighting signs are prohibited. A-frame signage is limited to one (1) per concession and may not exceed a square footage of six (6) square feet. No signage may exist within the city right-of-way;

(11)

Off-site business advertising is limited to the advertisement of brick and mortar establishments owned by the concessionaire;

(12)

The concession shall not use noise, lighting, or windblown devices as a means of attracting attention to the business;

(13)

Shall be permitted without a distance requirement from a residential structure when the concession is located in a commercial zoning district. Shall not be permitted within one hundred (100) feet of the district line of any single-or multiple-family zoning district;

(14)

Must display the permit in a conspicuous location on the premises where the sale or exhibit is being conducted. The permit shall be visible from the street and shall remain on display so long as any goods or merchandise are being sold or exhibited;

(15)

Each concession must have a litter receptacle available, clearly marked and maintained for patron use. This litter receptacle must be at least of a twenty (20) gallon capacity and composed of a leak-proof, nonabsorbent material;

(16)

Shall not be permitted within five hundred (500) feet of any public or private school building or school property being used for school classes or school activities, except secondary education institutions, during the hours when school is in session, including the time period from one (1) hour before school commences to one (1) hour after classes dismiss.

(e)

The director of the development services department, or designee, reserves the right to deny and/or revoke a permit based on any, but not limited to the following:

(1)

Inappropriate signage;

(2)

Incompatible stand/cart design;

(3)

Dangerous stand/cart placement or other threat to public health, safety and/or welfare; and

(4)

Non-compliance with permit conditions or city code provisions.

(f)

Declared natural disaster. In the event of a disaster on Galveston Island, concessionaires may apply for a concession to the development services department in accordance with the following:

(1)

The following items may, as approved by the city manager, be allowed during recovery from a declared natural disaster:

a.

Goods and services or related items: Laundry, food, charitable activities, generators, mattresses, landscaping, retail goods, internet and wireless services.

(g)

Concession parks. All concession regulations apply to the concessions within the park; including but not limited to the following:

(1)

The concession park shall have a designated concession park manager;

a.

The concession park manager shall obtain a concession park permit to operate a concession park.

b.

The permit shall provide contact information as required by the development services department.

c.

A permit shall be obtained each calendar year. A year shall be from January 1, through December 31 of each year. No prorating.

(2)

The concession park manager shall be responsible for assuring that any concessions functioning in the park follow all regulations as listed in this article; including obtaining a concession permit;

(3)

A site plan must be provided showing placement of concessions along with any amenities;

a.

One (1) plant per concession is required in the concession park area;

b.

Any lighting installed in a concession park shall adhere to appendix A, article 7, as amended;

c.

Customers of concession parks where on-site parking is not available shall utilize on-street parking.

(4)

No more than one (1) concession per one-thousand (1,000) square feet of lot area;

(h)

Mobile concessions.

(1)

May not provide seating;

(2)

Mobile concessions serving only frozen novelties may operate island-wide.

(i)

Renewal. A permit may be renewed on an annual basis. A permit is valid from January 1 through December 31 of each calendar year, regardless of the date of obtaining permit.

( Ord. No. 15-061, § 2, 7-23-15 )