(A) Temporary Food-Service Establishments.
(1) General. A temporary food-service establishment shall comply with the requirements of §§ 9-6-1-1 et seq., except as otherwise provided in this division (1). The enforcement authority may impose additional requirements to protect against health hazards related to the conduct of the temporary food-service establishment, may prohibit the sale of some or all potentially hazardous foods, and when no health hazard will result, may waive or modify requirements of §§ 9-6-1-1 et seq.
(2) Restricted Operations.
(a) These provisions are applicable whenever a temporary food-service establishment is permitted under the provisions of division (A)(1) above to operate without complying with all the requirements of this part.
(b) Only those potentially hazardous foods requiring limited preparation, such as hamburgers and frankfurters that require only seasoning and cooking, shall be prepared or served. The preparation or service of other potentially hazardous foods, including pastries filled with cream or synthetic cream, custards, and similar products, and salads or sandwiches containing meat, poultry, eggs or fish is prohibited. This prohibition does not apply, however, to any potentially hazardous food that has been prepared and packaged under conditions meeting the requirements of §§ 9-6-1-1 et seq.; is obtained in individual servings; is stored at a temperature of 45° F. (7° C.) or below, or at a temperature of 140° F. (60° C.) or above; in facilities that meet the requirements of §§ 9-6-1-1 et seq.; and is served directly in the unopened container in which it was packaged.
(3) Ice. Ice that is consumed or that contacts food shall have been made under conditions meeting the requirements of §§ 9-6-1-1 et seq. The ice shall be obtained only in chipped, crushed or cubed form and in single-use safe plastic or wet strength paper bags filled and sealed at the point of manufacture. The ice shall be held in these bags, until it is dispensed, in a way that protects it from contamination. The bags shall be stored at least four inches off the ground.
(4) Equipment.
(a) Equipment shall be located and installed in a way that prevents food contamination and that also facilitates cleaning the establishment.
(b) Food contact surfaces of equipment shall be protected from contamination by consumers and other contaminating agents. Effective shields for such equipment shall be provided, as necessary, to prevent contamination.
(5) Single-Service Articles. All temporary food-service establishments without effective facilities for cleaning and sanitizing tableware shall provide only single-service articles for use by the consumer.
(6) Water. Enough potable water shall be available in the establishment for food preparation, for cleaning and sanitizing utensils and equipment, and for handwashing. A heating facility located on the premises and capable of producing enough hot water for these purposes shall be provided where applicable.
(7) Wet Storage. The storage of packaged food in contact with water or undrained ice is prohibited. Wrapped sandwiches shall not be stored in direct contact with ice.
(8) Waste. All sewage, including liquid waste, shall be disposed of according to applicable city ordinances.
(9) Handwashing. A convenient handwashing facility shall be available for employee handwashing; soap and individual paper towels shall be available on the premises.
(10) Floors. Floors shall be constructed of concrete, asphalt, tight wood or other similar cleanable material kept in good repair. Dirt or gravel, when graded to drain, may be used as sub-flooring when covered with clean, removable platforms or duckboards, or covered with wood chips, shavings or other suitable materials effectively treated to control dust and shall be changed at intervals to maintain a sanitary condition.
(11) Walls and Ceilings of Food Preparation Areas. Ceilings shall be made of wood, canvas, or other materials that protect the interior of the establishment from the weather.
('74 Code, § 6-25-9) (Ord. 67-1978; Am. Ord. 9-1988; Am. Ord. 20-2010; Am. Ord. 2022-028)