Nixon tables discussion on mobile concession variance for Pink Mobile Snacks LLC

Nixon City Council members tabled a discussion Monday, Feb. 10, on granting a variance to the Pink Mobile Snacks LLC food truck to operate as a mobile concessions trailer rather than as a food truck.

Operating as a food truck would require the business not only to comply with Texas Food Establishment Rules the city adopted formally Monday night, but also to pay a mobile food vendor permit of $225 per month, which the owners of the business complained was too high compared to with what other cities charge them. They were seeking a break with fees of just $300 per year if possible.

City Administrator Darryl Becker said a truck can be considered a mobile concession stand and not a food truck “as long as there was no hot food.”

“As long as it was like ice cream or Coke, candy bars, chips and single deals like that, it can be considered, as most of them do, an ice cream truck,” Becker said. “But if you serve anything hot, it's going to fall under the food truck category, that's basically what we have that ordinance for.”

Pink Mobile Snacks LLC sells not only ice cream, snow cones, drinks and candies, but also elote (street corn in a cup); nachos with hot cheese sauce; chicharrones (prepared pork skins); and Frito pies — items which would make it fall under being a food truck rather than just being a mobile concession business.

The owners of the business asked if they could possibly sell the elote cold rather than hot, but City Attorney Eddie Escobar said the “bottom line is that the food is prepared, even if it was a corn cup that was cold.”

Mayor Ellie Dominguez said in order to qualify as a mobile concession stand and a lower permit fee, Pink Mobile Snacks LLC would “have to stop selling prepared food for it to be a concession stand.”
“They want everything out of a package, even your ice cream, to be individually wrapped — nothing scooped out that you would be actually handling,” Dominguez explained. “If you're going to keep your full menu just like you are, then you have to pay the $225 a month or park at the post office (where the city has established a zone and time for food truck vendors to operate without paying a fee).”

Council member Patsy Vigil Scherrer said the city is trying to protect its citizens, especially if a food truck were to sell tainted food that made individuals sick, by making sure food truck vendors meet similar quality standards and restrictions that must be met by restaurants and other establishments serving prepared food.

Dominguez asked that the issue be tabled for a month in order to give Escobar time to do more research into whether there was any other way for the truck to qualify as being a mobile concession stand rather than a food truck vendor.

In other action, the council voted unanimously to call for a general election to be held May 3 for three at-large council positions and to contract with Gonzales County Elections Administration to run the election. The last day to file for a place on the ballot is Friday, Feb. 14, at 5 p.m., while the last day to file as a write-in candidate is Feb. 18. Early voting will be held April 22-25 and April 28-29 from 8 a.m. to 6 p.m. at the Nixon Community Center. Election Day voting will take place from 7 a.m. to 7 p.m. Saturday, May 3 at the Community Center.

The last day to register to vote to be eligible for the May 3 election is April 3. The last day to apply for a ballot by mail (received and postmarked) is April 22. For more information, please contact the City Secretary Tanya Torres at 830-582-1924.