In addition to other requirements set forth in this chapter and applicable state law, a mobile food unit shall be subject to and shall comply with the provisions set forth in this section. The city's Health Official and/or Code Enforcement Officer, may impose additional requirements to protect against health hazards related to the conduct of the food service establishment as a mobile operation and may prohibit the sale of some or all potentially hazardous foods.
   (A)   Mobile food unit regulations. The following additional regulations shall apply to mobile food units:
      (1)   Plan submission. Plans must be submitted to the Code Enforcement Department at the time of permit application prior to operation of a mobile food unit. Plans shall show the signage, layout, arrangement of equipment, and construction material of the inside of the mobile food unit including food preparation, storage and service window areas.
      (2)   All of the provisions of this chapter shall apply to a mobile food vendor but a mobile food vendor may only be operated in the public streets and on the public beaches of the city and not in or on public alleys, sidewalks, parking lots, grounds or buildings without a permit therefor. Provided, however, any mobile food vendor may only stop, stand or park on a public beach adjacent to the Gulf of Mexico in the daytime and then only at a location that is landward from the waters of the Gulf of Mexico a sufficient distance to allow two passenger cars or light trucks traveling in opposite directions on such beach to safely pass each other between such location and the waters of the Gulf of Mexico; and must be removed from such beach before nighttime. Provided further, any mobile food vendor operating on a public street not a part of such a beach may not park on such street and may stop or stand on such street during the daytime for 15 minutes at the same location or within 100 feet of such location.
      (3)   Mobile vending unit requirements (parked at a permanent location). Areas that are approved for mobile vending units to be parked at a permanent location are allowed in Zones C1, C2, C3, M1 and as follows:
         (a)   Bryan Beach Road (any zone);
         (b)   Quintana Road (Beach Access Road) (any zone);
         (c)   Bryan Beach (any zone).
         (d)   Where a commercially zoned property borders a residentially zoned property on two sides, there must be a 200 foot set back to the nearest residential structure.
      (4)   Fixed location. A mobile food unit or a temporary food service establishment operating from a fixed location shall obtain written permission from the property owner to operate on the property owner's premises. A copy of such letter must be provided to the city with the permit application. The operator of a fixed location mobile food unit shall notify the Code Enforcement Department each time the mobile food unit changes location of operation no later than 24  hours after the change has taken place and provide written permission to operate at such location. They must also have a signed agreement to use a restroom within 500 feet of the location. A copy of such letter must be provided to the city with the permit application.
      (5)   Identification of mobile food units.
         (a)   Every mobile food unit must be readily identifiable by the business name which must be printed, permanently affixed and prominently displayed upon at least one side of such units in letters not less than three inches in height.
         (b)   Additionally, the following identification requirements are for mobile food units used for the purpose of selling or dispensing frozen desserts, prepackaged food and beverages from a moving truck:
            1.   A sign clearly visible from both the front and the rear, mounted on the top of the truck, must bear the warning sign "CAUTION - CHILDREN". The lettering for such sign shall be in block style letters and not less than six inches in height and one-half inch wide, and letters shall be black against a yellow background.
            2.    Flasher-type warning lights displaying yellow to the front and red to the rear and which operate continuously while the truck is stopped for the purpose of making a sale shall be installed at each end of the "CAUTION -CHILDREN" sign.
      (6)   Sanitation requirements. The  following additional sanitation requirements shall apply:
         (a)   Any accident involving a mobile food unit shall be reported in writing, to the Code Enforcement Department within 24 hours from the time the accident occurred, and before operation of mobile food unit resumes if such accident results in damage to the water system, waste retention tank, food service equipment, or any facility which may result in the contamination of the food being carried. Such report shall be made by the holder of the mobile food unit permit.
         (b)   In the event that the permit issued under this chapter to any food establishment that has agreed to be a central preparation facility for a mobile food unit has been revoked, suspended, or without timely renewal, the permit for the same mobile food  unit shall be automatically suspended until and unless  the permit for the food establishment is restored to valid status.
   (B)   Temporary food service establishment.
      (1)   All TCS food shall be prepared in a licensed food establishment or on the temporary food service establishment's premises. No TCS food or beverages stored or prepared in a private home may be offered for sale, sold or given away from a temporary food facility.
      (2)   Non-TCS food, such as baked items, prepared in a kitchen in a private home may be sold at a function, such as a religious or charitable organization bake sale.
   (C)   Mobile food establishments.
      (1)   Mobile food service establishments that serve TCS foods shall operate from a central preparation facility, commissary, or other fixed food service establishment that is permitted and regularly inspected by the regulatory authority.
      (2)   Central preparation facility authorization. A signed letter of authorization is required, to verify facility use, if the central preparation facility is not owned by the mobile unit operator.
      (3)   Central preparation facility inspection report. A copy of the most current health inspection of the central preparation facility must be maintained on the mobile unit at all times.
      (4)   Central preparation facility.
         (a)   Protection.
            1.   A mobile food unit servicing area shall include at least overhead protection for any supplying, cleaning, or servicing operations. Those areas used only for the loading of water and/or the discharge of sewage and other liquid waste, through the use of a closed system of hoses, need not be provided with overhead protection.
            2.   Within the servicing area,  the location provided for the flushing and drainage of liquid wastes shall be separate from the location provided for potable water servicing and for the loading and unloading of food and related supplies.
            3.   A servicing area will not be required where only packaged food is placed on the mobile food unit or where mobile food units do not contain waste retention tanks.
            4.   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.
            5.   Potable water servicing equipment shall be installed in the servicing area according to the Plumbing Code and shall be stored and handled in a way that protects the water and equipment from contamination.
            6.   In the event that there is no approved central preparation facility is available in Brazoria County, the Building Official or his designee may allow a mobile food unit an alternative way to obtain potable water, discharge waste water,  and clean the outside of unit.
   (D)   Pushcarts shall be limited to pre-packaged ice cream or pre-packaged non-TCS food as approved by the regulatory authority. Pushcarts must have a central preparation facility to receive supplies and for cleaning the cart.
   (E)   Food prepared in a private home may not be used or offered for human consumption from a mobile food service establishment.
   (F)   Mobile food service establishments must comply with all state and local laws pertaining to vehicle registration.
   (G)   Mobile food service establishments must have a certified food manager on site when preparing or selling food.
(Ord. 2019-2572, passed 5-13-19)