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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)
(a) All pushcarts shall have a servicing area which shall have a location(s) for draining and flushing liquid wastes and location(s) for loading and unloading of food and related supplies.
(b) The surface of the service area shall be constructed of a smooth nonabsorbent material graded to drain, and shall be kept in good repair.
(Ord. 22242-05-2016, § 4, passed 5-24-2016)
(a) Potable water servicing equipment shall be installed and maintained in a manner that protects the water and equipment from contamination.
(b) Pushcart liquid waste containers shall be thoroughly flushed and drained during servicing operations.
(c) Flushing and draining activities shall be conducted in the required servicing areas. No flushing or draining of liquid waste shall be permitted on public streets or in any area other than the required servicing area.
(Ord. 22242-05-2016, § 4, passed 5-24-2016)
All pushcarts requiring sinks shall provide not less than five gallons of water under pressure at all times for use in utensil cleaning, sterilization and hand-washing. One water inlet shall be located so as not to be contaminated by waste discharge. Such inlet shall be capped at all times except when being filled, and shall contain only potable water. Connection or direct hookup to water sources other than those on the pushcart shall be approved by the regulatory health agency.
(Ord. 22242-05-2016, § 4, passed 5-24-2016)
(a) All liquid waste shall be stored in a retention tank that shall have a minimum capacity of seven and five-tenths gallons or that is at least 15% larger in capacity than the fresh water supply tank, whichever is greater. Liquid waste shall only be discharged into a sanitary sewer disposal system. Waste connections shall be located lower than the water inlet connection in a manner to preclude contamination of the potable water system.
(b) Solid waste generated by permittees and employees shall be contained in an easily cleanable, self-closing, lidded trash receptacle. All pushcarts that remain stationary for longer than one hour shall provide and have available for the public, a fly-proof, lidded trash container for the disposal of refuse. Such trash container may be either on the pushcart or located conveniently nearby.
(Ord. 22242-05-2016, § 4, passed 5-24-2016)
(a) The owner or operator of a pushcart unit commits an offense if the pushcart is operated in violation of any provision of this division. An offense as defined under this division is a misdemeanor punishable by a fine not to exceed $2,000 in accordance with § 1-6(c). Each separate occurrence of a violation or each day that a violation continues shall constitute a separate offense. If an offense defined under this division does not include a culpable mental state, then intent, knowledge, or recklessness suffices to establish criminal responsibility.
(b) The city's code compliance department shall have the authority to enforce any and all provisions of this division.
(c) It shall be within the power and discretion of the code compliance department to suspend or revoke any permit issued hereunder for continued or repeated violation or infraction of any provision of this division or any rule, direction or regulation of the code compliance department.
(Ord. 22242-05-2016, § 4, passed 5-24-2016; Ord. 23569-02-2019, § 2, passed 2-12-2019, eff. 2-23-2019)
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