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(a) The owner or operator of any pushcart vending food within the corporate city limits of the City of Fort Worth shall obtain a valid food establishment permit, except that pushcarts from which only whole, raw, uncut produce or individually packaged, nonpotentially hazardous foods are vended is not a food establishment and does not require a food establishment permit, however, the owner or operator must comply with the other applicable provisions of this article.
(b) All food establishment pushcarts and their commissaries shall be inspected by the regulatory health agency prior to the issuance of a permit.
(c) Acceptance of a pushcart permit is an express acknowledgment and consent to the terms and restrictions of the permit.
(d) To fulfill the important public purpose of ensuring that nutritious foods are available to all people in the city, if a food establishment permit is otherwise required for a fruit and vegetable pushcart (such as one offering cut produce) a reduced fee of 50% off the regular food establishment permit fee in accordance with the city fee schedule shall be charged if at least 75% of the inventory of the cart consists of fruits and vegetables, with the remainder consisting of nonpotentially hazardous packaged foods.
(Ord. 22242-05-2016, § 4, passed 5-24-2016)
All pushcarts shall comply with the following requirements:
(a) Configuration.
(1) Pushcarts shall be constructed of a smooth and cleanable material and be constructed in a manner in which cleaning can be easily accomplished. A cleanable canopy shall extend over the pushcart and cover the top surface of the pushcart if unpackaged foods are offered.
(2) Separate space shall be set aside from areas where food is served or prepared, for nonfood related items which are displayed on pushcarts.
(3) A pushcart body shall not exceed four feet in height, three feet in width, or six feet in length.
(b) Operation.
(1) All food and condiments shall be dispensed in a sanitary manner.
(2) Each compartment or area used for storage, display or service of potentially hazardous food shall be maintained at proper temperatures for the food item stored therein. Hot foods shall be kept at 135°F or above; cold foods shall be kept at 41°F or below and frozen foods shall be kept frozen. Unbreakable thermometers shall be located conspicuously in each of the above applicable areas. Canned or bottled beverages where no ice is provided to the purchaser, commercially packaged nonpotentially hazardous single portion snack items, and commercially wrapped candy are exempt from this requirement.
(3) Food shall be stored, displayed and served in a fly- and rodent-proof manner. Unpackaged foods shall be protected by a properly installed sneeze guard shield.
(4) Bulk food items shall be properly labeled and dispensed through sanitary devices or utensils.
(5) Pushcart operators and their staff shall not cook on or adjacent to a pushcart unless such activity is in conjunction with another facility permitted and inspected by the regulatory health agency.
(c) Sink requirements.
(1) A pushcart that sells only packaged food that does not require the use of utensils and carts selling only whole, raw fruit or produce, will not be required to have a ware wash sink or a hand washing sink.
(2) A pushcart that sells open foods that do not require the use of utensils, such as a cart that sells roasted corn, will not be required to have a ware wash sink but will be required to have a hand washing sink.
(3) A pushcart that sells open foods that require utensils such as a hot dog cart, will be required to have a ware washing sink and a hand washing sink.
(4) Scooped ice cream sellers shall have a running water dipper well.
(5) A pushcart shall have a supply of paper towels, soap and detergent which shall be conveniently accessible if sinks are provided.
(6) Each pushcart having sinks shall have an adequate amount of hot and cold water under pressure to operate all sinks.
(7) Each pushcart having sinks shall also have adequate drain board space.
(d) Fire safety.
(1) Each pushcart employing butane or propane tanks shall comply with any and all applicable fire department regulations. Ground fault interrupters may be required by the fire department as a safety feature to prevent electrical shock. Each pushcart shall be equipped with an approved fire extinguisher with a 2A 10BC rating.
(2) Pushcarts using flammable substances, including, but not limited to, liquefied petroleum gas shall not be permitted inside of buildings.
(e) Trash container. All pushcarts shall have a trash container, such as a trash bag or bin, available to customers for the disposal of food wrappers and other waste. The trash container may be attached to the pushcart or standalone within ten feet of the pushcart.
(f) Generally.
(1) A determination of applicability or a variance with regard to the provisions of this division, and which does not unduly impact public health, may be granted by the director upon request.
(2) In addition to these requirements, a person owning or operating a pushcart shall comply with any applicable provisions of the Texas Food Establishment Rules.
(Ord. 22242-05-2016, § 4, passed 5-24-2016)
(a) No mechanical or electronic sound producing device shall be employed by a pushcart.
(b) Hawking and solicitation are strictly forbidden.
(c) Lights of sufficient illumination for vendors to operate during nighttime or darkness shall be permissible in addition to safety reflectors and lights required by traffic ordinances. Lights shall not be used as attention getting devices.
(d) No text shall be displayed on pushcart canopies.
(Ord. 22242-05-2016, § 4, passed 5-24-2016)
(a) All pushcarts shall operate from an authorized storage facility, commissary or other fixed food service establishment permitted and regularly inspected by a regulatory health agency.
(b) The commissary or base of operations shall be constructed and operated in compliance with the requirements of the Texas Food Establishment Rules and regulations of pertinent regulatory agencies.
(Ord. 22242-05-2016, § 4, passed 5-24-2016)
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