(a) Authority. The director shall issue a permit, in accordance with applicable food establishment permit and fee requirements set forth in Article X, to a temporary food service establishment if the:
(1) director finds that the operation will not result in a health or safety hazard or a nuisance;
(2) operation is limited to a single, fixed location, which may include one or more facilities at the location;
(3) establishment submits proof to the director that it has obtained all city, state, and federal permits and authorizations necessary to conduct a temporary food service operation, including, but not limited to the following:
(A) A vendor must submit a copy of:
(i) its current local health permit and a copy of its last health inspection from the local health department where the vendor is located or, if the vendor does not have its own licensed kitchen, then the vendor shall provide a permission letter from the owner of the kitchen where the food items will be prepared; and
(ii) an invitation or similar document from the event organizer granting the vendor permission to participate in the event; and
(B) a food manufacturer must submit a copy of its state manufacturer's license;
(4) establishment and its location comply with all requirements of this chapter, the Dallas Development Code, and any other applicable city ordinance or state or federal law; and
(5) completed application for the permit to operate a temporary food service establishment is received by the director at least five business days before the scheduled commencement of the activity or event for which the permit is issued.
(a-1) Food booths. A permit issued under this section is valid for up to five food booths. This permit is in addition to any other requirement in this chapter, including Section 17-10.2, "Temporary Food Service Fee," of this chapter, as amended.
(b) Exception. A permit is not required for a temporary food service establishment that does not serve time/temperature control for safety food and the weekly gross income of which does not exceed $100.
(c) Limit on permits issued for same premises or address. No more than one temporary food service establishment permit may be issued within any calendar quarter for the same premises or street address, even if the permits are issued to different temporary food service establishments. This subsection does not apply if the permit is issued in conjunction with an activity or event described in Section 17-1.5 (b)(16)(A)(i), (ii), (iii), (iv), (v), or (vii) of this chapter.
(d) Expiration. A temporary food service establishment permit expires:
(1) upon expiration of a special event permit, plaza event permit, neighborhood farmers market permit, or other written authorization of the city issued in conjunction with the temporary food service establishment permit for an activity or event described in Section 17-1.5(b)(16)(A)(i), (ii), (iii), (iv), or (vii) of this chapter;
(2) upon expiration of a concession agreement executed by the city in conjunction with the temporary food service establishment permit for an activity or event on property owned or operated by the city; or
(3) 14 days after the issuance of a temporary food service establishment permit for an activity or event described in Section 17-1.5(b)(16)(A)(v) or (vi) of this chapter or upon termination of the activity or event, whichever occurs first.
(e) Food and ice preparation and service. A temporary food establishment required to be permitted under this chapter shall not:
(1) prepare, serve, sell, or distribute more than six time/temperature control for safety menu items within a permitted booth, unless otherwise approved by the director;
(2) prepare, serve, sell, or distribute any food not approved in advance by the director;
(3) prepare time/temperature control for safety food, except that an establishment may prepare time/temperature control for safety food that is approved in advance by the director and does not require substantial preparation prior to consumption (including, but not limited to, pre-formed hamburgers, beef fajitas, sausages, hotdogs, and frankfurters) or may provide time/temperature control for safety food that is:
(A) obtained by the establishment in precooked, individual servings;
(B) stored at a temperature of:
(i) 41° F. (5° C.) or below using mechanical refrigeration (ice chests are not allowed for maintaining cold temperatures); or
(ii) 135° F. (57° C.) or above using mechanical holding units in each booth to ensure the proper temperature is maintained (canned heat or Sterno is not allowed for maintaining hot temperatures outdoors); and
(C) served to a consumer in the container in which it was originally packaged;
(4) prepare, serve, sell, or distribute raw seafood or poultry, except when the product is:
(A) pre-cut, breaded, and frozen and ready to be directly placed from the freezer into a fryer; or
(B) precooked;
(5) allow open and unprotected displays of food (when using chafing dishes, only hinged lid dishes are allowed so that at least half of the food remains covered at all times);
(6) permit consumption of ice or contact of ice with food unless the ice is:
(A) obtained from a source that is approved as safe by the director;
(B) in chipped, crushed, or cubed form;
(C) obtained in single-use plastic or wet-strength paper bags that are sealed by the manufacturer and unopened until used by the establishment; and
(D) dispensed from a container that is continuously drained into a waste receptacle approved by the director;
(7) store food in contact with water or undrained ice, except that wet storage of a beverage in a pressurized container is permitted if the water used:
(A) contains not less than 50 mg/l of available chlorine; and
(B) is maintained in a clean condition; or
(8) use water from a source that is not approved as safe by the director.
(f) Operational requirements. An establishment operating under authority of this article shall comply with all of the following requirements:
(1) Limit the booth size to a maximum 15 x 15 square foot space, unless the event planner provides fixed structures as temporary booths, or as otherwise approved by the director.
(2) Protect each food and food-contact surface from contamination, including, but not limited to, complying with the following requirements:
(A) All condiments, including, but not limited to, onions, relish, peppers, catsup, and mustard, that are available for customer self-service must be available in individual packets or from an approved dispenser.
(B) All foods, food containers, utensils, napkins, straws, and other single service articles must be stored at least six inches off the floor and adequately protected from splash, dust, insects, weather, and other contamination.
(C) When self-service ice dispensers are not used, ice scoops are required.
(D) Effective hair restraints (such as nets and caps) are required in food preparation and service areas. Food, beverage, and tobacco consumption is prohibited inside food booths, food preparation areas, and food service areas. Gum chewing is prohibited in food preparation and food service areas.
(E) Food handling personnel must wash their hands as frequently as necessary to maintain clean hands, even if disposable gloves are used. Nails must be closely trimmed and maintained. Long fingernails (natural, sculptured, etc.) or chipped nail polish is prohibited.
(F) Animals may not be located within 50 feet of a temporary food establishment or food service area.
(3) Install equipment in a way that permits cleaning and sanitizing and that is not likely to cause adulteration of food, including, but not limited to, complying with the following requirements:
(A) A container of soapy water solution must be provided for washing dirty utensils. This is for emergency use only.
(B) A sanitizer solution must be provided to sanitize clean utensils and equipment. The required residual of 50-100 ppm chlorine may be obtained by placing one tablespoon of bleach in one gallon of water for the sanitizer. Other approved sanitizers may be used. Test papers must be provided to ensure that proper sanitizer concentration is achieved. All utensils must be taken to a commissary location daily to be properly washed, rinsed, and sanitized.
(C) Wastewater (including but not limited to wastewater from handwashing, utensil washing, sinks, and steam tables) must be placed in an approved container until properly disposed. All wastewater must then be disposed of into a sanitary sewer system or in a manner that is consistent with federal, state, and local regulations and requirements relating to liquid waste disposal.
(4) Provide hot and cold running water, under pressure, in a quantity sufficient to maintain personal hygiene of employees and the cleanliness and sanitation of the establishment, except that cold running water that is not under pressure may be used when the establishment will be in operation for fewer than four consecutive calendar days.
(5) Provide a convenient handwashing facility with soap and individual paper towels for persons preparing and serving food, including, but not limited to, complying with the following requirements:
(A) The handwashing facility must have at least a 5-gallon container with a spigot that provides free flowing water.
(B) The handwashing facility must have a catch bucket to collect wastewater from hand washing.
(6) Comply with federal, state, and local regulations and requirements relating to liquid waste disposal.
(7) Use only equipment and utensils that meet the standards set forth in Article IV of this chapter, if the establishment will be in operation for four or more consecutive calendar days.
(8) Use only equipment approved by the director if time/temperature control for safety foods will be served by the establishment.
(9) Maintain a full-time, on-site food service manager who is currently registered under Article II of this chapter if the establishment will be in operation for four or more consecutive calendar days, except that multiple establishments under the same ownership and management that are operating at the same activity or event may use the same full-time, on-site food service manager.
(10) A state approved food handler training class shall be required for all food handlers that take part in a temporary event that exceeds 14 consecutive calendar days in length. Proof of course completion must be provided to the director upon request.
(11) A temporary event that exceeds four hours, is granted a variance under this chapter, or where special food handling and preparation processes are requested, will be required to have one or more food inspector(s) on site, for a maximum of eight hours each day, at the expense of the event planner. There is no fee for the first four hours and a non-refundable fee of $57 per hour will be assessed to the event planner for every hour over four hours that the event is operational including set-up time.
(g) Design and structural requirements. The design and structural material of a facility that houses a temporary food service establishment must be approved by the director. Each facility must:
(1) be enclosed by barriers at least 32 inches high that prevent customers from entering food preparation areas;
(2) have a serving counter with a depth of at least 12 inches;
(3) have floors constructed of concrete, asphalt, tight-fitting wood, or other similar, easily cleanable material kept in good repair;
(4) if the temporary food service establishment is outdoors, have over every food preparation and serving area a fire resistant overhead covering that protects the interior of the facility from the weather; and