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§ 9-6-1-3 MOBILE FOOD UNITS OR PUSHCARTS.
   (A)   Mobile Food Service.
      (1)   General.
         (a)   Mobile food units and/or pushcarts processing food shall comply with the requirements of this division (a) except as otherwise provided in division (A)(1) and in division (A)(2) below. The enforcement authority may impose additional requirements to protect against health hazards related to the conduct of the food-service establishment as a mobile operation, may prohibit the sale of some or all potentially hazardous food, and when no health hazard will result, may waive or modify requirements of this part relating to physical facilities, except those requirements of divisions (A)(4), (A)(5), (B)(1), (C)(1), and (C)(2) below.
         (b)   The name and address of any person transporting food for retail or wholesale shall be legibly painted or permanently affixed in letters no less than three inches high by one-half inch wide on each side of all transportation vehicles operated by such person. The transportation of food in passenger automobiles or pick-up trucks is prohibited. All food transportation shall be in enclosed van-type vehicles.
      (2)   Restricted Operation. Mobile food units and/or pushcarts that serve only food that is prepackaged in individual servings, transported and stored under conditions meeting the requirements of §§ 9-6-1-1 et seq., or beverages that are not potentially hazardous and are dispensed from individual sealed containers need not comply with requirements of §§ 9-6-1-1 et seq. pertaining to the necessity of water and sewage systems nor to those requirements pertaining to the cleaning and sanitization of equipment and utensils if the required equipment for cleaning and sanitization exists at its commissary. Frankfurters shall not be prepared and served from units or pushcarts not having water or sewer systems.
      (3)   Single-Service Articles. Mobile food units and/or pushcarts shall provide only single-service articles for use by the consumer.
      (4)   Water System. A mobile food unit and/or pushcart requiring a water system shall have a potable water system under pressure. The system shall be of sufficient capacity to furnish enough hot and cold water for food preparation, utensil cleaning and sanitization, and handwashing, in accordance with the requirements of §§ 9-6-1-1 et seq. The water inlet shall be located in such a position that it will not be contaminated by waste discharge, road dust, oil, or grease, and it shall be kept capped when not being filled. The water inlet shall be provided with a transition connection of a size or type that will prevent its use for any other service. All water distribution pipes or tubing shall be constructed and installed in accordance with the requirements of §§ 9-6-1-1 et seq.
      (5)   Waste Retention. If liquid waste results from operation of a mobile food unit and/or pushcart, the waste shall be stored in a permanently installed retention tank that is of at least 15% larger capacity than the water supply tank. Liquid waste shall only be discharged as provided in division (C)(2)(b) of this section. All connections on the vehicle for servicing mobile food unit waste disposal facilities shall be of a different size or type than those used for supplying potable water to the mobile food unit. The waste connection shall be located lower than the water inlet connection to preclude contamination of the potable water system.
   (B)   Commissary.
      (1)   Base of Operations.
         (a)   Mobile food units and/or pushcarts shall operate from a commissary or other fixed food-service establishment and shall report at least daily to such location for all supplies and for all cleaning and servicing operations.
         (b)   The commissary or other fixed food service or food processing establishment, used as base of operation for mobile food units or pushcarts, shall be constructed and operated in compliance with the requirements of §§ 9-6-1-1 et seq.
   (C)   Servicing Area and Operations.
      (1)   Servicing Area.
         (a)   A mobile food unit and/or pushcart servicing area shall be provided and shall include at least overhead protection for any supplying, cleaning, or servicing operation. Within this servicing area, there shall be a location provided for the flushing and drainage of liquid wastes separate from the location provided for water servicing and for the loading and unloading of food and related supplies. This servicing area will not be required where only packaged food is placed on the mobile food unit or pushcart or where mobile food units do not contain waste retention tanks.
         (b)   The surface of the servicing area shall be constructed of a smooth, nonabsorbent material, such as concrete or machine-laid asphalt and shall be maintained in good repair, kept clean and be graded to drain.
         (c)   The construction of the walls and ceilings of the servicing area is exempted from the provisions of §§ 9-6-1-1 et seq. dealing with construction and maintenance of physical facilities.
      (2)   Servicing Operations.
         (a)   Potable water servicing equipment shall be installed according to the city code and shall be stored and handled in a way that protects the water and equipment from contamination.
         (b)   The mobile food unit liquid waste retention tank, where used, shall be thoroughly flushed and drained during the servicing operation. All liquid waste shall be discharged to a sanitary sewerage disposal system.
('74 Code, § 6-25-8) (Ord. 67- 1978; Am. Ord. 9-1988; Am. Ord. 20-2010; Am. Ord. 2022-028)