On May 20, Buda City Council passed an ordinance intended to regulate and encourage the growth of the city's mobile food vendors, similar to the food trucks and trailers that have taken hold in Austin in recent years.

But a provision requiring access to a permanent bathroom facility within 150 feet of the business might be too difficult for prospective business owners to meet, said Vic Garcia, who owns one of the two operating food trucks and trailers in Buda.

Garcia's food trailer, Shugabees, serves tortilla-wrapped barbecue. Shugabees began operating out of its trailer at the intersection of West FM 1626 and South FM 967 more than three years ago. That area has since been annexed by the city of Buda. Because of that, the business was grandfathered in and will not have to comply with the bathroom stipulation—unless it moves to a new location within Buda.

The rules are so prohibitive, Garcia said, that he believes the ordinance was intended to repel food truck businesses rather than attract them.

"To literally surpass rules that are coming out of Austin is ridiculous for a little bitty city," Garcia said. "The only statement they are making is, 'We don't want food trailers.'"

Prior to the ordinance, however, food trailers were expected to meet the same building and design standards as brick-and-mortar business establishments, City Planner Chance Sparks said.

"They had to meet all the development codes regarding building design and things like that that are actually almost impossible for a mobile food vendor to meet," Sparks said. "We saw that as a problem."

As the regulatory landscape around his business evolves, Garcia said he is increasingly receiving offers to move his business away from Buda. Sixth Street in Austin is a potential option, and Garcia said he has been approached by a wedding and special events venue about relocating to a mobile food court on the property.

"It's going to be difficult for us to move away," Garcia said, adding that loyal customers to his business are like family.

But Sparks said he does not expect the bathroom requirement to be a major issue.

"It's a requirement in virtually every city's rules for the mobile vendors when they're stopped for any length of time," he said.

Buda's ordinance requires the bathrooms to be flushable and connected to the public water system. Portable bathrooms are not permissible. Sparks said City Council felt this provision would prevent portable bathrooms from cluttering properties.

The city of Austin requires its mobile food vendors to similarly provide access to a bathroom within 150 feet of the establishment, but portable bathrooms are allowed.

The outcome of requiring permanent as opposed to portable bathrooms might be that prospective mobile food business owners will be more encouraged to consolidate under a unified project, such as a mobile food court, Sparks said.

No such project has come forward as of yet, he said.