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Baytown, TX Food Trucks & Mobile Vendors: Sidewalk & Mobile Vending (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Open-air vending
Banned outright, Sec. 74-33(c)
Food-truck exemption
Sec. 74-28(2), if licensed under Ch. 42
Itinerant merchant hours
9:00 a.m.-7:00 p.m., no Sundays
License fee / bond
$15.00 fee, $1,000.00 bond
Minimum fine
$200.00 per violation

Summary

Baytown bans open-air vending outright: anyone selling or exhibiting goods for sale outdoors, off a licensed premises, for an hour or more is prohibited under chapter 74, with only mobile food vendors permitted under chapter 42 exempted.

(c)It shall be unlawful for any person to engage in any activity described in the definition of "open air vendor" in section 74-26. ... This article shall not apply to: ... (2)Sales made by mobile food vendors licensed in accordance with chapter 42 of this Code.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 83 Update 2).

Full Breakdown

Chapter 74, article II of the Baytown Code regulates itinerant merchants and open air vendors. Section 74-26 defines an 'open air vendor' as anyone who solicits, sells, offers for sale, or exhibits goods, merchandise or service to the public other than from within a facility holding a certificate of occupancy or on the same property as such a facility, and who remains on one property for an hour or more doing so. Section 74-33(c) then states flatly that it shall be unlawful for any person to engage in any activity described in the definition of 'open air vendor,' and subsection (d) extends liability to any landowner, tenant or agent who allows or authorizes such vending on their property.

Section 74-28 lists the article's exemptions, and subsection (2) specifically exempts sales made by mobile food vendors licensed in accordance with chapter 42 of the code, meaning a permitted food truck operating under the mobile food establishment rules is not swept up in the open-air vendor ban, while a sidewalk table, pushcart or unlicensed street vendor is. 00 bond under sections 74-61 through 74-69, with licenses valid for 90 days and enforcement by the fire chief, police chief, and the health and planning directors under section 74-29.

Violations & Fines

Violating the open-air vendor ban or the itinerant merchant hour/license requirements is punishable under section 74-30 by a fine under the general penalty section 1-14, with a mandatory minimum fine of $200.00; each sale, offer for sale, or exhibition in violation is a separate offense, and a landowner who authorizes prohibited open-air vending is separately liable for each such sale on their property. The director of health can also revoke an itinerant merchant license under section 74-66 for any violation of the article or for conduct that constitutes a breach of the peace or a menace to public health, safety or welfare.

Frequently Asked Questions

Can I set up a sidewalk stand to sell goods in Baytown?
Generally no. Section 74-33(c) bans any 'open air vendor' activity, meaning selling or exhibiting goods outdoors for an hour or more away from a certificated facility, unless you qualify for one of the narrow exemptions in section 74-28.
Are food trucks exempt from Baytown's vending ban?
Yes, if licensed. Section 74-28(2) exempts sales made by mobile food vendors licensed in accordance with chapter 42 of the code from the open-air vendor and itinerant merchant restrictions in chapter 74.
What hours can a licensed itinerant merchant operate in Baytown?
Only between 9:00 a.m. and 7:00 p.m., and never on Sunday, under section 74-32, after obtaining a $15.00 license and $1,000.00 bond described in sections 74-61 through 74-63.

Sources & Official References

Other rules in Baytown

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