Open Air Vending

Open air vending is the sale of goods (such as food, rugs, t-shirts, flags, art, or other similar new merchandise) or services (such as windshield repair or mobile phone repair) that takes place entirely outside of a permanent building, using a mobile or self-contained vending facility such as a truck, trailer, cart, tent, or table. With permission from the property owner, this vending may occur on privately owned, commercially zoned property, or on city right-of-way.

An open air vending permit helps the City properly manage trash, lighting, utilities, noise, odors, and other public safety and zoning considerations. City staff review site plans to evaluate impacts to traffic, parking, and the surrounding community, all with the goal of maintaining safety, fairness, and orderly use of public and private spaces.

As of July 1, 2026, all mobile food vendors must be licensed with the Texas Department of State Health Services (DSHS). Current open air vending permits will remain valid until the identified expiration date. The required DSHS license will be required for new permits and/or locations or upon renewal.

Additional information can be found in Division 2, Article IX, Chapter 13 of the City's Code of Ordinances.

When to Get an Open Air Vending Permit

A permit is required to conduct open air vending (public or private) within the city limits of Waco. In some cases, vendors participate as part of a larger, fully permitted event and therefore do not need to obtain an individual permit. Additionally, there are limited exemptions for certain types of events.

Catering a private event is not open air vending and does not require a permit.

Annual Permit

Vendors planning to operate at the same location throughout the year should obtain an annual permit, regardless of whether the vendor is present at the location daily. Vendors can have up to four approved locations on one permit; however, a site plan and inspection are required for each location.

Seasonal Permit

Vendors operating at a location for three or fewer consecutive days for three or fewer months of the year may obtain a seasonal permit. This permit is intended for intermittent vending for up to a season.

Vending as Part of an Event

For an event with multiple vendors, such as a farmer's market, craft fair, pop up market, or other permitted special event, the event organizer must apply for an open air vending permit. The event organizer's open air vending permit satisfies the permitting requirement for all vendors at the event; individual vendors do not need to apply for a separate open air vending permit.

Exemptions from Permitting Requirements

Open air vending permits are not required for any event that is sponsored and/or designated by the City, or for any event that is sponsored by an educational institution or a political subdivision.

An educational institution means a public or private elementary school, middle/junior high school, high school, or institution of higher education. A political subdivision means a county, municipality, special district, school district, junior college district, housing authority, or other political subdivision.

How to Get an Open Air Vending Permit

To obtain an open air vending permit, applicants must submit a complete application, respond to any follow-up questions or requests from City staff, complete a site inspection for each proposed location, and pay all associated fees. A permit will be issued after all steps in the review and inspection process have been successfully completed.

Submit Application

To apply for a permit: Download the application(PDF, 939KB) and submit to Planning Services at licensing@wacotx.gov or at the Mae Jackson Development Center: 401 Franklin Avenue, Waco, TX 76701.

Fee Schedule

Application Checklist

Be sure to include all required information, as incomplete applications cannot be reviewed.

Basic Requirements

  • Completed application (no blanks)
  • Applicant, business owner, and property owner signatures
  • Valid email address (primary communication method)

Basic site plan, roughly drawn to scale, showing

  • Property boundaries
  • Vending unit location
  • Parking spaces
  • Fire lanes
  • Buildings/structures
  • Pedestrian path
  • Vehicle access (entry and exit)
  • Trash can location
  • Property address
  • North arrow

Photos

  • Clear photos of vending unit (all four sides)
  • Include height, width, and length measurements

If selling food

  • Proof of a valid Department of State Health Services (DSHS) Mobile Food Vendor license (OR Application Summary and Receipt, if state license application has been submitted but license has not been received)

If using a generator, cooking or food preparation equipment, or propane tanks

  • Proof of passed Fire Marshal inspection

If located within 200 feet of schools, parks, government property, or residential homes

  • Written statement from homeowner or relevant entity, stating "no objection" to the placement of the open air vending facilities

If operating in City property

  • Proof of $500,000 general liability insurance, with City of Waco listed as additional insured

Site Inspection and Inspection Checklist

A site inspection is scheduled after the application is received and reviewed. The inspector will complete the following compliance checklist:

Location/General Requirements

  • Location matches approved site plan
  • Unit and customer parking on all-weather surface
  • Vending facility not within sight distance zone of intersections, driveways, or alleys
  • No more than two vending units per block face
  • Vending facility does not reduce required off-street parking
  • Vending facility has valid vehicle registration, as required by the state

Pedestrian and Vehicular Traffic

  • Vending facility does not hinder pedestrian or vehicular traffic
  • No flashing, blinking, or strobe lighting
  • No artificial lighting creating a hazard
  • Not operating a drive-thru service
  • Minimum 45 inch clear pedestrian passageway around unit

Site Setup

  • Vending unit is mobile - parts, attachments, and goods secured during transit
  • Holding tanks and appliances contained within unit
  • Propane tanks mounted on unit (not on the ground)
  • No permanently installed awning
  • No accessory structure
  • Maximum of two non-permanent tables with chairs and umbrellas
  • No additional tenting staged/placed at unit
  • No nuisance: noxious odors, loud or offensive noises
  • Permits and licenses displayed and protected from the elements
  • Trash receptacle for customer use
  • Signs on vertical face only; feather flags max 2 feet by 5 feet, do not obstruct view, and remove outside business hours
  • Legal disposal of fats/oils/grease; current health inspection of commissary, if applicable

Utilities

  • Power supplied by generator; no connection to permanent/temporary power, except for pre-planned open air vending site
  • Not connected to City of Waco water or wastewater utilities

Health Permit and Fire Inspection

Other permits and/or inspections may be required depending on the vending facilities and/or type of vending.

Health Permit

HB 2844 creates a uniform statewide licensing system for all Mobile Food Vendors (MFVs) in Texas. All MFVs must be licensed with the Texas Department of State Health Services (DSHS) to legally operate in Texas. Under this new law, mobile food vendors are no longer required to obtain separate health permits in each city and county of operation; however, MFVs still need to comply with all state and local laws, such as fire codes, location restrictions, and zoning codes.

Visit DSHS Mobile Food Vendor website for more information about state licensing.

Fire Marshal Inspection

The Mobile Food Truck Fire Inspection is a comprehensive safety checklist used by the City of Waco Fire Marshal's Office to ensure mobile food preparation vehicles meet all fire, fuel gas, electrical, ventilation, and operational standards before they are allowed to operate.

Inspection verifies compliance with the 2024 International Fire Code and applicable NFPA standards by reviewing propane and natural gas systems, hood and suppression equipment, electrical installations, fire extinguisher readiness, employee training, safe vehicle placement, generator setup, grease management, and required safety devices.

Visit Fire Prevention for the Mobile Food Vendor Fire Inspection Checklist and to request an inspection.

Power (As Part of a Preplanned Open Air Vending Site)

Vending facilities must be powered by a generator and cannot have a permanent or temporary connection to a nearby permanent structure (including a power pole), except when located at a preplanned open air vending site.

A preplanned open air vending site is a site approved through the city's development process. This is a different process from the open air vending permit process and must be initiated by the property owner.

For a power pole to be used as part of a preplanned open air vending site:

  • Power pole must be permanent and permitted and inspected through City's permitting process
    • Limited to 60 amps maximum
    • Maximum four circuit enclosure with a 60 Amp Main OCPD (over current protection device)
    • Limit branch circuits to:
      • One two pole 50 Amp receptacle (GFCI protected)
      • Two single pole 20 Amp receptacles (GFCI protected)
  • Power pole must be an accessory use to the lot (a power pole on a vacant lot or on a lot with an abandoned structure is not allowed)
  • Permanent power is only allowed for mobile vendors designated as self contained, not needing a commissary
  • Proposed vending unit will need to be within 6 feet of the power source/disconnect
  • Site must meet all other ordinances and regulations
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