Mobile Vending Requirements
Step-by-Step Instructions on How to Get a City Mobile Vending License:
Metro Health inspects and licenses all vendors selling food and drinks from mobile units within the City of San Antonio and unincorporated Bexar County. Licensing occurs at the Development and Business Services Center at 1901 S. Alamo.
Effective January 1, 2006, are the following changes to the Mobile Food Vending Code:
All persons that vend on public right-of-way or use public right-of-way to move their mobile vending unit to a location to vend must have a criminal background check. Therefore, if you need to renew your current mobile food-vending license or obtain a new one, you will need to go to the San Antonio Police Department (SAPD) and begin this process. Please follow the steps below in order to complete your background check and obtain your mobile food-vending license as quickly as possible:
1. Obtain two money orders, one in the amount of $15.00 made payable to the Texas Department of Public Safety (DPS) for a background check to be conducted by DPS, and a second money order in the amount of $18.00 made payable to the Treasury of the United States for a background check to be conducted by the Federal Bureau of Investigation (FBI).
2. Obtain $16.00 in cash, which will be paid to the SAPD for a background check at the local level and fingerprinting. Please note that the total of these three payments ($15.00 + $18.00 +$16.00) is equal to $49.00, which is the total fee required for the written statement of clearance from SAPD regarding the background check.
3. With these three payments in hand, proceed to the San Antonio Police Department Records Unit at 214 W. Nueva between the hours of 8:00 a.m. and 4:00 p.m. to request your background check. The process for the local and DPS background checks should take approximately seven (7) business days to complete.
4. Once your local and DPS background checks have been cleared by the SAPD, Metro Health will mail you a copy of the SAPD background check letter. This statement from the San Antonio Police Department will remain valid for ninety (90) days from the date of issuance. Please take this letter, and a valid form of ID, along with your vehicle to be inspected, to the Development and Business Services Center at 1901 S. Alamo in order to submit your unit for inspection.
5. Once your unit has been inspected and approved by the City of San Antonio, and you have paid for your mobile vending license, you may start vending in the City of San Antonio.
6. Please note that your FBI background check will take a minimum of forty-five (45) business days to be received by the SAPD. If the FBI background check shows that you have not been convicted of any sexual offense or related offense against a child, you will be mailed a final statement of clearance valid for two years from the date you filed your request for the background check. In the event that your FBI background check shows that you have been convicted of one or more of these offenses, you will be notified of the results, and you will no longer be allowed to be a mobile food vendor in the City of San Antonio. If you are the holder of a mobile food vending license, then your license also may be subject to revocation by Metro Health.
7. If you hire or allow someone who is 17 years of age or older to vend under your permit, then that food vendor or food handler must first obtain a background check and statement of clearance as outlined above.
8. Food handlers or food vendors who are at least ten (10) years of age and under the age of 17 will need to be accompanied by a parent or guardian to the SAPD Record Unit at 214 W. Nueva between the hours of 8:00 a.m. and 4:00 p.m. in order to obtain an applicable background check. No fee will be charged for this service. The results will be available immediately.
PLEASE REMEMBER THAT YOU ARE REQUIRED TO CARRY YOUR WRITTEN STATEMENT OF CLEARANCE FROM THE SAPD ON YOU AT ALL TIMES WHILE VENDING.
• After approval, your mobile vending sticker will be located:
1. Inside the vehicle at the top of the passenger side windshield
2. On a trailer above the license place or stop light
3. At the top right hand corner of a pushcart, bicycle or tricycle
4. On the two-compartment sink on a Corn Roasting Unit
• Mobile vending units operating in residential areas will only be allowed to operate from 7:00 a.m. to one half-hour after sunset. In the months of June, July and August, those units may extend their hours of operation to 10:00 p.m. in residential areas.
• All vehicles when stopped on City streets must vend from either curbside of the vehicle or the rear of the vehicle. No vending from the driver’s side will be allowed when stopped on City streets.
• Hazard lights are required on the vehicle visible from the front and rear of the unit, and those lights must be on when stopped to vend on City streets.
• Mobile vending units that set up at a specific location will not be allowed to have awnings, tables or chairs at that location.
• The mobile food-vending unit must turn off all music and recorded messages when stationary except when stopped at controlled intersections.
• No person who is convicted of a sex offense or an offense against a child can work in a mobile food-vending unit. The persons working in the unit must carry with them a letter from the San Antonio Police Department that they have submitted to and been cleared of a background check for these offenses.
Listed below are the requirements depending on the type of operation you want to have licensed:
FOOT PEDDLER – Individuals selling whole farm fresh product or pre-packaged, non-potentially hazardous foods and drinks on foot.
SIMPLE SNO-CONE – Individuals selling sno-cones from a vehicle or pushcart where the ice and syrups are purchased from an approved, licensed food operation and the individual puts the two items together in their unit. No grinding of ice or reconstituting of syrups is allowed. The requirements for the unit are listed below:
• Unit is a truck with a cover over the back, van, station wagon or hatchback (facility where persons can vend from the rear of the vehicle in a clean environment). Regular passenger cars cannot be licensed. Pushcart must have an umbrella.
• A gravity feed hand wash facility is provided in the unit with water, soap and paper towels.
• Ice chests for sodas and ice that are clean, easily cleanable and non-absorbent.
• If shelving is provided, it must be easily cleanable and non-absorbent.
ICE CREAM VENDOR: Individuals selling pre-packaged novelty ice cream from a vehicle or pushcart. The requirements for the unit are listed below:
• Unit is a truck with a cover over the back, van, station wagon or hatchback (facility where persons can vend from the rear of the vehicle in a clean environment). Regular passenger cars cannot be licensed.
• Mechanical freezer utilizing electricity or dry ice to maintain ice cream in frozen state is provided.
• If shelving is provided, it must be easily cleanable and non-absorbent.
• Open food handling (such as nachos, frito pies, grinding ice, or bulk pickles) are NOT allowed to be made inside vehicle.
SHRIMP/WHOLE FISH VENDOR: Individuals selling whole shrimp or fish from a vehicle. The requirements for the unit are listed below:
• Unit is a closed vehicle either truck with camper shell, or van, hatchback or station wagon.
• Gravity feet hand washing station is provided with water, soap and paper towels
• Clean, easily cleanable ice chests with plenty of ice provided for shrimp or fish.
• If utensils (scoop) are provided, three five-gallon containers provided to wash, rinse and sanitize. Sanitizer provided on unit.
• If shelving is provided, it must be easily cleanable and non-absorbent.
SANDWICH TRUCK: Vehicle or pushcart selling pre-packaged, potentially hazardous foods and drinks. The requirements for the unit are listed below:
• All potentially hazardous and non-potentially hazardous foods and drinks are pre-packaged.
• Potentially hazardous foods are prepared in a licensed commissary and properly labeled (see commissary details below).
• Unit has facilities to maintain potentially hazardous foods below 41 degrees Farenheit.
• Unit has facilities to maintain potentially hazardous foods at 140F or above.
• Unit is smooth, easily cleanable construction in good repair.
• Garbage can provided for customers to discard trash when they stop.
KITCHEN ON WHEELS: Vehicle or trailer that is selling approved open food products. The requirements for the unit are listed below:
• Is an enclosed room with walls, floors and ceilings that are smooth, easily cleanable, and non-absorbent.
• Doors are tight-fitting and self-closing.
• Windows that can be opened have minimum sixteen mesh per inch screening wire to protect from insects and rodents.
• Stainless steel three-compartment sink with hot and cold running water available to all three compartments. All three compartments are large enough to immerse largest piece of equipment for washing, rinsing and sanitizing.
• Separate stainless steel hand washing sink with hot and cold running water by mixer faucet and properly plumbed to waste water tank.
• Unit has a minimum ten gallon water heater.
• Unit has minimum twenty-five gallon fresh water tank.
• Unit has minimum thirty-gallon wastewater holding tank. Wastewater tank must be fifteen percent larger than water tank.
Waste Water Tank Equation for any size fresh water tank
25 gallons 30 gallons .15 x fresh water tank size = additional amount
additional amount + fresh water tank size = waste tank size
FOR EXAMPLE FOR A 36 gallon fresh water tank
.15 x 36 =5.4
5.4 + 36 = 41.40 gallons waste tank
30 gallons 34.5 gallons
35 gallons 40.25 gallons
40 gallons 46 gallons
45 gallons 51.75 gallons
• Facilities are provided to maintain hot holding temperatures of 140F.
• Facilities are provided to maintain cold holding at 41F or below.
• Facilities are provided to reheat potentially hazardous foods to 165F.
• All equipment is smooth, easily cleanable, and non-absorbent.
• Unit is constructed of corrosion resistant durable materials
• Liquid waste servicing connection is of different size than water connection.
• Liquid waste servicing connection is lower than water inlet.
• Potable water inlet is equipped with a transition connection of size and type that will prevent its use for any other service.
• Hot and cold running water provided to all plumbing.
• Solid waste storage facilities provided.
• Adequate counter and/or worktables are provided.
• Equipment is clean.
• Single Service items are used and stored properly.
• Ice is stored in proper facility and handled properly.
• Operates from an approved Commissary (see commissary details below).
HOT DOG OR SAUSAGE PUSHCART: Pushcart that has hot dog or sausage, non-potentially hazardous foods and assorted condiments. The requirements for the unit are listed below:
• Operates from approved Commissary (see commissary details below).
• Unit has a waterproof roof over the food and drink area.
• Unit has a two compartment sink with hot and cold running water by mixer faucet.
• Unit has sufficient fresh water for daily operation.
• Unit has wastewater-holding tank that is fifteen percent larger than water holding tank.
• Unit is smooth, easily cleanable, non-absorbent construction.
CORN ROASTER: These units are considered as pushcarts and must have the following requirements:
• Unit has a waterproof roof over the food and drink area.
• Operates from approved Commissary (see commissary details below).
• Unit has a two-compartment sink with hot and cold running water by mixer faucet. (Note: cold water holding tank and pipes need to be insulated to provide cool water when corn burner is operable).
• Unit has sufficient fresh water for daily operation.
• Unit has wastewater-holding tank that is fifteen percent larger than water holding tank.
• Unit is smooth, easily cleanable, non-absorbent construction.
COMMISSARY REQUIREMENT: Pushcarts that distribute hot dogs or sausage, sandwich trucks and kitchen on wheels units must operate from an approved commissary. This commissary is a licensed food establishment that fully meets the Texas Food Establishment Rules, and has a current license. The unit must be returned to that commissary daily for replenishing of supplies, and servicing the mobile vending unit.
The Commissary that services the Kitchen on Wheels must have the following facilities at their location in addition to the licensed kitchen:
• Commissary has overhead protection for supplying, cleaning and servicing the mobile unit.
• Commissary has areas for flushing and cleaning liquid waste storage facility on mobile unit that is separate from water servicing area.
• Surface of servicing area is constructed of smooth, non-absorbent material.
There are currently four approved commissaries in San Antonio that can issue Notarized Commissary Letters that will be honored by Metro Health. Those facilities are listed:
B & S Mobile Catering and Vending Supplies
2805 Commercial Ave
San Antonio, Texas 78221
(210) 924-5323
North East Commissary
12735 Nacogdoches Rd.
San Antonio, TX 78217
(210) 846-3776
Pinky’s Shaved Ice
1301 E. Elmira St.
San Antonio, TX 78212
(210) 271-3908
Myrna’s Catering
161 Ward Ave.
San Antonio, TX 78223
(210) 543-4140
Should you want to set up your own commissary, please contact the Duty Supervisor number listed below for more information.
To obtain a mobile vending license the vendor must take the unit to the Development and Business Services Center at 1901 S. Alamo. Approach the Health Counter and tell them you want to purchase a mobile vending license. A Sanitarian will inspect your unit and tell you what you need if the unit does not meet standards. If a Commissary letter is required, that completed document should be brought to the DBSC when you are ready for inspection. You also will be asked to produce your Driver’s License and Background Check Letter.
When approved, you will pay for your license, and receive a receipt that you may use to operate your unit while you are waiting for the computer-generated license to be mailed to you. A sticker will be placed on your unit noting the date when your license expires.
With this license you may move through the public streets of San Antonio or Bexar County and distribute the foods that your license allows. If you want to operate in any of the incorporated Cities in Bexar County, you need to check with the authorities in those cities to see what they require. Listed below are parking and other restrictions on your unit:
• All persons vending in the unit if you operate on public right of way or use public right of way to move your mobile vending unit to a vending site MUST have their Background Check letters with them at all times while vending. The Background Check letter must be renewed every two years.
• You may only vend in residential areas from 7:00 a.m. to one half-hour after sunset. In the months of June, July and August, you may vend in residential areas from 7:00 a.m. to 10:00 p.m.
• When stopped to vend on City streets, you must vend from the rear or curbside of the vehicle. You must have flashing lights on while stopped to vend, and your music MUST be turned off.
• Parking a mobile vending unit on private property is permitted if you have written permission from the owner and toilet facilities are available and convenient. The property must be commercially zoned and you must move the unit daily.
• You may not vend from the mobile vending unit within 300 feet of an elementary, middle or high school grounds from one (1) hour before school starts, during the time school is in session, and not vend until one (1) hour after school is out.
• You may not vend within 300 feet of a licensed food establishment unless you have written permission to do so from the property owner.
• You are to sell your products from the unit and not remove them to a stand. Tables, chairs and awnings are not allowed.
• NOTE: Produce vendors may have one table from which to sell products.
• Parking your mobile vending unit is prohibited within 50 feet of an intersection.
• Pushcarts may not be operated in the street. Mobile vending units may not be operated in the “Downtown Business District” unless you have a special permit issued by the Downtown Operations Department. Their phone number is 207-3677.
• If you were required to have a commissary, you are to return the unit you operate to that location every day for servicing and cleaning.
RENEWING LICENSE: Pushcarts selling potentially hazardous foods, sandwich trucks and Kitchen on Wheel units must have a new commissary letter prepared and notarized prior to coming to be licensed. These units will need to bring the unit, fully functional with their commissary letter complete, and a valid driver's license to the Development and Business Services Center at 1901 S. Alamo to renew your license. You will be inspected, and if the unit meets all the standards, your new receipt will be issued. Within a month, your computer generated license should arrive. If you do not receive this license, call (210) 207-8853 to inquire about the renewal.
Other units may renew their license by mail. If your license expires and you do not receive an invoice, please contact our office at (210) 207-8853 to inquire about the renewal.
Should you have any questions, we will be glad to answer them. Call (210) 207-8853 and ask for the Duty Supervisor.
