(A) No person shall operate a mobile food unit who does not possess a valid, current mobile food unit permit from the regulatory authority as provided in this subchapter. The permit for a mobile food unit shall specify the type of food to be vended, the manner in which the food is to be vended, and include a description of any vehicle or pushcart to be used in the food vending operation.
(B) A person seeking a mobile food unit permit from the regulatory authority shall make application on a form provided by the regulatory authority, and shall provide all of the following information listed below as part of the application:
(1) The name and address of the owner and operator;
(2) A copy of a current driver’s license of the owner and operator, if the mobile food unit is to be powered by a motor or towed;
(3) If the applicant represents a corporation, limited liability company, association, or partnership, the names and addresses of the persons responsible for the entity’s operations;
(4) The name under which the mobile food unit will be operated;
(5) A description of the type of food or the specific foods to be vended;
(6) The manner of mobile food vending operation to be conducted;
(7) A description of all vehicles to be used in the mobile food unit operation, along with the license or registration and vehicle identification number of the vehicles, and a copy of the current certificate of liability for all vehicles;
(8) The address and food establishment permit number of the central preparation facility for all vehicles to be used in the mobile food unit operation; and
(9) Any other information required by the regulatory authority as it pertains to the safe operation of the mobile food unit.
(C) Upon receiving a proper application for a mobile food unit permit, the regulatory authority shall inspect the location, food, equipment, vehicles and other reasonable matters concerning the mobile food unit operation, and shall issue a permit and a sticker only if:
(1) The application complies with division (B);and
(2) The inspection reveals compliance with the applicable requirements of all federal and state statutes and regulations, and city ordinances governing the proposed mobile food unit operation.
(D) Fees shall be determined by the risk process level appropriate for the establishment, and shall be in addition to any central preparation facility fees.
(E) A valid permit sticker shall be displayed by a mobile food unit.
(F) Mobile food unit permits shall be valid for one year from the date of issuance unless suspended or revoked.
(G) Mobile food unit permits shall not be transferred or assigned, and shall be considered revoked should the character of the food vending operation be changed from that specified in the permit.
(H) Every mobile food unit permit shall be renewed each year in like manner as the original permit application.
(I) The regulatory authority shall make routine, unannounced inspections of mobile food units, mobile food pushcarts, and commissaries when applicable, to determine whether or not the operation is being conducted in such a manner as to comply with the conditions of the permit, the provisions of this subchapter, other applicable city ordinances, and state and federal statutes, regulations and rules.
(J) The regulatory authority may take and retain samples of food and other substances used in the preparation of food and examine them for the detection of unwholesome and deleterious qualities. The regulatory authority may condemn and forbid the sale of, or cause to be removed or destroyed, any food that is adulterated, tainted, diseased, fermented, decaying or otherwise unwholesome, unclean or deleterious to health. The owner, operator or other person in charge of such food shall immediately and in the presence of the regulatory authority, destroy such adulterated, tainted, diseased, fermented, decaying or otherwise unwholesome, unclean food as directed by the regulatory authority.
(Ord. 892, passed 11-16-15)