Starting Pop Up Restaurant Guide

Summary

To start a pop-up restaurant in Texas, you need a food establishment permit, a business license, and must follow health regulations. Restrooms are required unless classified as a mobile food unit or temporary food establishment. Consult local health departments for specific rules.

Full Conversation

The idea would be a simple outdoor pop-up restaurant, slinging burgers, fries, and onion rings made fresh. The goal would be to sell better food than a fast food joint, cheaper anf just as fast.
Hello Garrett, great idea! Here are some legal points for Texas:
- Food Permit: You need a food establishment permit from the Texas Department of State Health Services.
- Business License: Secure a general business license from your local city or county.
- Health Regulations: Follow Texas food handling and safety regulations.
For more information, visit Texas Department of State Health Services website.
Do I need to somehow provide bathrooms if it's all outdoors?
Yes, Garrett. Texas law requires restaurants to provide restrooms for their customers. This is outlined in the Texas Administrative Code - Rule ยง*.*. Portable restrooms can be an option for outdoor settings.
Is there any way I weasel out of such a requirement? Not calling it a restaurant, etc?
While it's understandable to look for ways to simplify your operation, skirting health and safety laws is not advisable. Even if your establishment isn't technically a "restaurant," public health and safety rules likely still apply. Violations can result in penalties or closure.
Then how are food trucks allowed to operate without a bathroom? There's gotta be something I can do.
Food trucks in Texas are generally not required to provide bathrooms because they're considered "Mobile Food Units" and not "Food Establishments". However, if you have seating for customers, restroom requirement may apply. It's best to consult with a local health department for clarity.
So if I don't provide seating, then I don't need to provide bathrooms?
Yes, Garrett. In Texas, if your establishment doesn't provide seating, it's typically classified as a "Mobile Food Unit" and doesn't require a customer restroom. Always confirm with your local health department for specifics.
And what licensing would I need to run a mobile food unit?
To operate a mobile food unit in Texas, you'll need:
- Food Establishment Permit: From the Texas Department of State Health Services.
- Business License: From your local city or county.
- Vehicle License: From the Texas Department of Motor Vehicles.
- Mobile Food Vendor Permit: Specific to your city or county.
Confirm specifics with local authorities.
And does this change if I'm technically not cooking in the truck? I was thinking of setting up a canopy and setting up the kitchen underneath it.
That's a unique approach, Garrett. The rules might vary depending on your local health department. Are you planning to cook under the canopy but serve from the truck?
Serve from under the canopy too. Almost like a country fair food booth.
Interesting concept, Garrett. In Texas, you may be considered a "Temporary Food Establishment" under such a setup. This would involve a different set of regulations, including possibly a Temporary Food Establishment permit. Can I assist you with more information on this?
Yes please. Does this waive the restroom requirement?
Yes, Garrett. In Texas, "Temporary Food Establishments" typically don't require a restroom unless they're operating for more than * consecutive days. However, this can vary by county. Always confirm with your local health department.
And does operating for four consequences days mean in the same spot? Does it break the streak if I'm breaking down the setup at the end of each day, and setting it back up each morning? What if I set up somewhere else every few days?
The Texas Department of State Health Services usually considers "consecutive days" as days in a row, regardless of setup and breakdown. However, moving locations might affect this. I advise you to consult your local health department for a definitive answer.
Can I argue that it's a mobile food unit if there is indeed an associated truck, just that I load the kitchen into it rather than running the kitchen in it?
Garrett, your setup might be considered as a mobile food unit. However, the specific interpretation may depend on local rules and how they define a "Mobile Food Unit". It's best to consult your local health department for clarity.