(a) In general. In addition to the requirements adopted in Section 17-8.1
of this chapter, the requirements contained in this section govern mobile food units.
(b) Categories of mobile food units . Mobile food units in the city are divided into the following categories:
(1) Class I. A Class I mobile food unit is a mobile food unit from which only the following foods and beverages are served, sold, or distributed:
(A) Food that is prewrapped, bottled, or otherwise labeled and packaged in individual servings.
(B) Beverages that are not time/ temperature control for safety and are dispensed from covered urns or other protected equipment.
(C) Raw, uncut vegetables and fruits.
(2) Class II. Any mobile food unit that is not a Class I, Class III, or Class IV mobile food unit is a Class II mobile food unit.
(3) Class III. A Class III mobile food unit is a mobile food preparation trailer meant to be pulled to locations that complies with the construction and operation standards for operating a mobile unit used for cooking, keeping, storing, or warming food or beverages.
(4) Class IV. A Class IV mobile food unit is an operational, motorized mobile food preparation vehicle in which food is cooked, wrapped, packaged, processed, or portioned for service, sale, or distribution.
(c) Vehicles.
(1) A food establishment that uses a vehicle in the operation of a mobile food unit shall:
(A) identify the vehicle with characters three inches high on both exterior sides of the vehicle stating the following:
(i) the name of the food establishment;
(ii) a brief description of the nature of the business if not included in the name; and
(iii) the permit number of the vehicle;
(B) secure an inspection of the vehicle by the director on the date designated by the director;
(C) maintain the vehicle in a clean, undamaged condition, both inside and outside, and in good working order;
(D) keep the permit or a copy of the permit on the vehicle at all times;
(E) keep proof of minimum vehicle insurance that is issued in at least six month increments;
(F) display on the vehicle current license plates and a current vehicle safety inspection sticker issued by the State of Texas, when required by state law; and
(G) not equip the vehicle with any sound amplification device that, when operated, violates Section 30-2 of this code.
(2) In addition to other vehicle requirements of Section 17-8.2(c), a mobile food preparation vehicle must:
(A) be equipped with four-way hazard lights; and
(B) in addition to the left and right outside rearview mirrors, be equipped with two outside wide-angle mirrors, one located on the front of the vehicle and one located on the rear of the vehicle.
(3) In addition to other vehicle requirements of Section 17-8.2(c), a Class II mobile food unit must:
(A) be constructed of 18 gauge stainless steel (equivalent to .05 inches durable stainless steel);
(B) not exceed six feet in length (including any handles measuring six inches or more in length and any permanently attached trailer hitches), three feet in width (exclusive of wheels), or four feet in height (exclusive of wheels);
(C) have the bottom of the food service or storage unit at least six inches above the ground;
(D) be equipped with an electrical oven or refrigeration system to maintain proper food temperature; and
(E) not contain a grill or fryer.
(4) In addition to other vehicle requirements of Section 17-8.2(c), a Class I mobile food unit must not exceed three feet in length, two feet in width (exclusive of wheels), or two feet in height (exclusive of wheels), except for frozen dessert stationary pushcarts, which must not exceed six feet in length, three feet in width (exclusive of wheels), or four feet in height (exclusive of wheels).
(d) Site of operation of Class II units.
(1) All food products, supplies, and equipment necessary for the operation of a pushcart must be contained on the vehicle or at a permitted facility.
(2) Slicing, dicing, and chopping of vegetables and other food items are prohibited.
(3) No cooking, including but not limited to grilling, baking, and frying, is allowed on a pushcart. Only the reheating of cooked food by boiling or steaming is allowed.
(4) An operator of a pushcart must have access to restroom facilities during the hours the pushcart is in operation.
(5) The fixed site from which a pushcart is operated must have a valid food establishment permit issued under Article X of this chapter, unless otherwise approved by the director.
(e) Food served or distributed from a mobile food unit. A person may not serve or distribute from a mobile food unit any food not specified in the food establishment permit issued under Article X of this chapter.
(f) Ice.
(1) Ice used in a beverage served by either a Class I, Class II, Class III, or Class IV mobile food unit must be:
(A) from an approved source;
(B) stored in a stainless steel container that:
(i) is covered;
(ii) is not installed above food equipment or food contact surfaces; and
(iii) drains into the mobile food unit's liquid waste retention tank; and
(C) dispensed with an approved scoop by an employee of the mobile food unit or from automatic self-service ice dispensing equipment.
(2) All ice used to keep food cold must be drained into the mobile food unit's liquid waste retention tank and properly disposed of at the mobile food unit's designated commissary or servicing area.
(g) Central preparation facility or commissary.
(1) Supplies, cleaning, and servicing operations.
(A) Except as provided in this paragraph, a mobile food unit must operate from a central preparation area, commissary, or other fixed food establishment and must report to the location for supplies and for cleaning and servicing operations at the end of each day. Pushcarts must be stored at the commissary location when not in operation.
(B) A mobile food unit may report to the central preparation area, commissary, or other fixed food establishment for supplies, cleaning, and servicing operations at least once a week if the following conditions are met:
(i) the mobile food unit operator shall apply for a variance on a form provided by the director and shall include with the application all of the information required by Section 17-10.2(s) to be able to return to the commissary once per week;
(ii) the mobile food unit is enclosed and complies with the health and safety standards of a fixed food establishment;
(iii) all cleaning supplies must be disposable and discarded at the end of each operating day;
(iv) the mobile food unit operator shall demonstrate that sanitary on-site servicing of the mobile food unit's potable water and wastewater systems are being conducted;
(v) the mobile food unit operator must provide proof of weekly on-site servicing by a licensed-permitted liquid waste transport vehicle, otherwise known as a vacuum truck, for the removal and disposal of liquid waste resulting from the mobile food unit and weekly commissary visits. The mobile food unit operator shall keep and maintain servicing records on the mobile food unit for a period of one year from the date of servicing. The servicing records must be immediately available to the director or a peace officer upon request for inspection and copying at the mobile food unit during the mobile food unit's hours of operation;
(vi) the commissary from which a mobile food unit operates shall issue and maintain servicing records for each mobile food unit in a manner and form prescribed by the director. The permit holder, person in charge, employee, or representative of any commissary shall keep and maintain servicing records at the commissary for a period of two years from the date of servicing or until retrieved by the director, whichever comes first. Servicing records maintained at the commissary must be made immediately available to the director or a peace officer upon request for inspection and copying during normal business hours;
(vii) servicing operations may be performed by the commissary operator or by the mobile food unit operator. The commissary operator must provide resources at the commissary for proper servicing. The mobile food unit operator shall confirm that the requirements of this section are fulfilled prior to resuming operations.
(2) It shall be unlawful for an owner, permit holder, person in charge, employee, or representative of any commissary to issue a servicing record without first verifying that the mobile unit has complied with all servicing requirements. It shall be unlawful for any owner, permit holder, person in charge, employee, or representative of any commissary or mobile food unit to knowingly present or issue any false, fraudulent, or untruthful servicing record for the purpose of demonstrating compliance with this subsection.
(3) The director may promulgate rules and procedures regarding maintenance of the servicing records by the commissaries and mobile food units. The director may require the use of electronic or other technology to facilitate or monitor compliance with the requirements of this chapter.
(4) Construction. The central preparation facility, commissary, or other fixed food service establishment, used as a base of operation for a mobile food establishment, must be constructed and operated in compliance with this chapter.
(h) Operating requirements for mobile food units.
(1) General operating requirements for mobile food units. A food unit that serves, sells, or distributes any food or beverage from a mobile food unit shall comply with the following operating requirements:
(A) Any person operating a motor vehicle as a mobile food unit must have a current driver's license. The permit holder must ensure that their vehicle drivers have a valid driver's license.
(B) Garbage storage containers must be maintained on each mobile food unit in a number sufficient to contain all trash and garbage generated by the unit. Every garbage container must have a tight-fitting lid. Before a mobile food unit leaves a vending site, all trash and garbage must be removed from the site. Excessive trash and garbage may not be allowed to accumulate inside or around the mobile food unit. All trash and garbage must be disposed of in an approved garbage receptacle.
(2) Class III and Class IV mobile food units. In addition to other operating requirements of Section 17-8.2
(h), a food establishment that serves, sells, or distributes any food or beverage from a Class III and Class IV mobile food unit must comply with the following requirements.
(A) A Class III and Class IV mobile food unit must have written authorization from the owner or person in control of each premises from which the Class III and Class IV mobile food unit will sell or serve food. The authorization must include the specific dates and times during which the Class III and Class IV mobile food unit is authorized to be present on the premises. A separate written agreement granting permission to use the toilet facilities and garbage receptacles must be obtained from the owner or person in control of the premises on which the Class III and Class IV mobile food unit will sell or serve food or from the owner or person in control of a nearby premises. Toilet facilities may not be located more than 600 feet from the Class III and Class IV mobile food unit and must be accessible during all times that the Class III and Class IV mobile food unit is present on the premises. A current copy of each authorization must be maintained on file with the director and also in the vehicle for inspection by the director or a peace officer upon request.
(B) Before a permit is issued or renewed to a Class III and Class IV mobile food unit under this chapter, an itinerary for the Class III and Class IV mobile food unit must be filed with the director. The director must be given written notice at least two business days before implementation of any changes to the filed itinerary. The itinerary must include:
(i) the address of each premises to be serviced and the name and telephone number of the owner or person in control of those premises;
(ii) the scheduled times of arrival at and departure from each premises to be serviced, which times must be accurate to within 30 minutes; and
(iii) a description of the food to be sold or served at each premises.
(C) No cooking may be conducted while the unit is in motion.
(D) All cooking equipment and hot holding units must be located at the rear of a mobile food preparation unit. All cooking equipment must be properly vented. An approved automatic fire extinguishing system must be provided over cooking surfaces that require exhaust ventilation. Covers with secure latches for deep fryers, steam tables, and similar equipment must be provided and installed while the unit is in motion.
(E) A Class III and Class IV mobile food unit must:
(i) be operated only in a location where such operation is allowed by the Dallas Development Code;
(ii) not sell or serve food on any public street, sidewalk, or other public right-of-way;
(iii) park only on an improved surface to sell or serve food;
(iv) not stop or remain at any location to sell or serve food during any time other than the dates and times specified in:
(aa) the current itinerary on file with the director for the Class III and Class IV mobile food unit; and
(bb) the current authorization agreement on file with the director for the use of the premises to sell or serve food;
(v) be parked overnight (for at least five consecutive hours) only at its commissary or at another location approved by the director that does not violate any applicable city ordinance or state or federal law;
(vi) not utilize or park in any off-street parking spaces required of the premise that authorizes the mobile food unit to sell or serve food;
(vii) comply with all applicable zoning, noise, and smoke regulations in the Dallas Development Code;
(viii) not have any external operational support equipment on the property including but not limited to tables, chairs, tents, over head coverings, refrigeration, freezers, generators, or dry storage units. All operations must be contained within the mobile food unit; or
(ix) have signs displayed only on the mobile food unit and the signs may not extend beyond the length, width, or height of the mobile food unit.
(F) It is a defense to prosecution under Section 17-8.2(h)(2)(F) that a Class III and Class IV mobile food unit was being operated in compliance with all terms and conditions of a valid special event permit issued by the city.
(i) Structural requirements for a Class II, Class III, or Class IV mobile food unit.
(1) A Class II, Class III, or Class IV mobile food unit must have a potable water system under pressure that:
(A) is equipped with a permanently installed water supply tank of sufficient capacity to furnish enough hot and cold water for food preparation, utensil cleaning and sanitizing, and handwashing; the potable water supply tank must have a minimum capacity of:
(i) five gallons for a Class II mobile food unit; and
(ii) 30 gallons for a Class III and Class IV mobile food unit;
(B) is equipped with a water inlet that is:
(i) located where it will not be contaminated by waste discharge, road dust, oil, or grease; and
(ii) provided with a connection of a size or type that will prevent its use for any other service;
(C) is constructed and installed in accordance with the Rules on Food Service Sanitation, as adopted and amended by the Texas Department of State Health Services, which include National Sanitation Foundation standards, Underwriter Laboratory standards, and equivalent standards;
(D) is equipped with a propane tank installed in accordance with applicable fire department regulations pursuant to a valid liquid propane gas (LPG) permit issued by the fire department;
(E) is equipped with a water heater, if the vehicle or trailer is a Class III and Class IV mobile food unit the water heater must be capable of heating water to at least 110 degrees Fahrenheit, and any tank of the water heater must have a minimum capacity of three gallons; and
(F) provides a minimum water pressure of one gallon per minute.
(2) In lieu of the potable water system under pressure required in Section 17-8.2(i)(1), a Class II mobile food unit may have a potable water system that is gravity fed with a mixing faucet if the water tanks:
(A) are vented for escape or intake of air of sufficient volume to allow for water flow, and the vent openings are protected;
(B) have a smooth interior with no recesses and crevices; and
(C) have a combined water capacity of not less than five gallons.
(3) If liquid waste results from the operation of a Class II, Class III, or Class IV mobile food unit, the unit must have a liquid waste retention system that is:
(A) equipped with a permanently installed retention tank of at least 50 percent larger capacity than the potable water supply tank;
(B) equipped with servicing connections that are:
(i) located lower than the water inlet to prevent contamination of the potable water system; and
(ii) of a different size or type than the connection used for supplying potable water to the unit; and
(C) properly sloped to drain and collect all potential liquid waste.
(4) In addition to other structural requirements of Section 17-8.2(i), a Class III or Class IV mobile food unit must meet the following requirements:
(A) Floors must be constructed of durable, easily cleanable material, including, but not limited to, anodized aluminum, stainless steel, or tile. All junctures must be properly sealed. All service lines and pipes must be installed off the floor to allow for easy cleaning.
(B) Walls must be durable, easily cleanable, nonabsorbent, and light in color. Minimum wall covering materials include, but are not limited to, aluminum or fiberglass-reinforced paneling. Walls at vent hood and grill areas must be covered with stainless steel panels. Wall covering must be installed to cover the entire height of each wall. Studs and utility lines may not be unnecessarily exposed on the wall or prevent cleaning.
(C) Ceilings must be light in color, nonabsorbent, and easily cleanable. The height over the aisle-way portion of the vehicle must be at least 74 inches and unobstructed. Joists and rafters may not be exposed.
(D) The cab of the vehicle must be physically separated from the food preparation area, and the seats designated for the cook and any passengers must be located outside of the food preparation area. Aisle space must be unobstructed and at least 30 inches wide.
(E) Construction joints must be tightly fitted and sealed with no gaps or voids, and all sealant, solder, and weld joints located in the food contact areas must be smooth and approved for food contact surfaces.
(F) The vehicle or trailer must be equipped with a built-in hose that may be used to wash the interior of the vehicle.
(G) All equipment and utensils must meet or exceed the standards published by the National Sanitation Foundation (NSF).
(H) All equipment must be placed, installed, stored, and secured on the vehicle or trailer in a manner that allows for thorough cleaning and sanitizing around the equipment and prevents movement of the equipment when the vehicle or trailer is in motion. Counter-mounted equipment must be sealed directly to the countertop or securely installed to provide a four-inch clearance under the equipment. Floor-mounted equipment must be sealed directly to the floor or securely installed to provide a six-inch clearance under the equipment.
(I) The vehicle or trailer must be equipped with a stainless steel, three-compartment sink, with each compartment measuring at least 12 inches long, 12 inches wide, and 10 inches deep, to be used for warewashing. The sink must be equipped with:
(i) a mixing faucet with a swivel spigot capable of servicing all sink compartments; and
(ii) an integral stainless steel drainboard at least 12 inches long, which must be installed with a minimum one-half inch lip or rim to prevent the draining liquid from spilling onto the floor.
(J) The vehicle or trailer must be equipped with a stainless steel sink measuring at least nine inches long, nine inches wide, and four inches deep to be used for handwashing. The sink must be:
(i) located in an area that is fully accessible and at counter level;
(ii) separated from the warewashing sink by a metal splashguard at least six inches high; and
(iii) equipped with a soap dispenser and paper towel dispenser.
(K) The vehicle or trailer must contain at least 20 inches of linear counter space for each piece of food equipment. Additional counter space must be provided that is sufficient to allow for safe food preparation.
(L) The vehicle or trailer must contain at least 15 cubic feet of storage space for dry food and utensil storage. No food or utensil storage is allowed in any plumbing compartment.
(M) The vehicle or trailer must be equipped with mechanical refrigeration equipment if time/temperature control for safety food is stored, prepared, or served on the vehicle. The mechanical refrigeration equipment must have at least 15 cubic feet of usable storage space and be capable of ensuring proper food temperature control during transportation and operation.
(N) Outer openings of the vehicle or trailer, including but not limited to service windows, doors, pop-up vents, and sunroofs, must be insect and rodent proof and meet the following requirements:
(i) Screens must be tightly fitted and in good repair, with a maximum of 16 mesh per square inch.
(ii) Service windows must not be larger than 216 square inches. The distance between two service windows must not be less than 18 inches. Each service window must have an overhead protection cover extending at least 12 inches from the vehicle.
(iii) Entrance doors and service windows to the food preparation area must be self-closing and must be kept closed when not in use.
(O) The vehicle or trailer must be equipped with a power source, approved by the director, that is capable of handling the power demands of the vehicle or trailer and equipment while the vehicle or trailer is stopped or in motion. The power source must be permanently installed in an area that is completely separated from food preparation and food storage areas and must be accessible for proper cleaning and maintenance.
(P) Light bulbs and tubes must be covered and completely enclosed in plastic safety shields or the equivalent.
(5) A food establishment may not serve, sell, or distribute any food or beverage from a Class II, Class III, or Class IV mobile food unit that does not comply with the requirements of Section 17-8.2(i).
(j) Servicing requirements for a Class II, Class III, or Class IV mobile food unit.
(1) A food establishment that serves, sells, or distributes any food or beverage from a Class II, Class III, or Class IV mobile food unit shall comply with the following regulations:
(A) Servicing area. The food establishment shall provide a servicing area where every Class II, Class III, or Class IV mobile food unit must report at least once daily for servicing operations. The servicing area must include:
(i) overhead protection for any supplying, cleaning, or servicing operation;
(ii) a location for the flushing and draining of liquid waste separate from the location provided for water service and the loading and unloading of food and related supplies; and
(iii) a surface constructed of a smooth nonabsorbent material, including, but not limited to, concrete or machine-laid asphalt, that is maintained in good repair, kept clean, and graded to drain.
(B) Servicing methods and equipment.
(i) Potable water servicing equipment must be installed according to all applicable city ordinances and state and federal law and stored and handled in a way that protects the water and equipment from contamination.
(ii) The liquid waste retention tank for a Class II, Class III, or Class IV mobile food unit must be thoroughly flushed and drained during the servicing operation.
(iii) All liquid waste must be discharged to a sanitary sewerage disposal system constructed and operated according to all applicable city ordinances and state and federal law.
(iv) Liquid waste may not be discharged from a Class II, Class III, or Class IV mobile food unit while it is in motion.
(C) Site cleanup. A service site must be left in a clean, waste-free condition.
(D) Food preparation and service. Food may not be prepared or served while the vehicle is in motion or in an area that exposes any person present to a health or safety hazard.
(2) A food establishment may not serve, sell, or distribute any food or beverage from a Class II, Class III, or Class IV mobile food unit if the food establishment does not supply, clean, or service the Class II, Class III, or Class IV mobile food unit in accordance with Section 17-8.2(j).