(A) Food preparation.
(1) Any mobile food vendors that prepare food outside of the mobile food vending unit must operate from an approved commissary in good standing as defined in and required by the Texas Food Establishment Rules. The commissary shall comply with all Food Establishment Rules and hold all current licenses and permits as required by the rules. Mobile food vendors shall provide documentation of each visit to or service by the commissary and shall have that documentation immediately available for inspection by the city.
(2) All employees of the mobile food vendor permit holder must have a valid food handler's certificate.
(3) Except as shown on an approved lot diagram plan, the mobile food vendor shall prepare, serve, store, and display food and beverages on or in the mobile food vending unit itself; and shall not attach, set up, or use any other device or equipment intended to increase the selling, serving, storing, or displaying capacity of the mobile food vending unit.
(B) Model code requirements.
(1) Mobile food vending units must meet all applicable laws regarding mobile food vendors as required by, but not limited to, the National Electric Code (NEC), International Building Code (IBC), International Fire Code (IFC), International Mechanical Code, International Plumbing Code, and International Fuel Gas Code as adopted and amended by the city or required by this chapter.
(2) Electricity shall be from a generator or permanent connection in a mobile food court and the mobile food vendor shall utilize electrical cords in conformance with the National Electrical Code and other codes as adopted and amended by the city.
(3) The mobile food vending unit must meet the following plumbing standards:
(a) All liquid waste shall be discharged to an approved sanitary sewage disposal system at the commissary or through an authorized service provider. All used fats, oil, or grease shall be discharged to an approved grease interceptor at the commissary or through an authorized service provider. Used fats, oils or grease shall not be directly discharged to any unauthorized food establishment grease interceptor.
(b) Liquid waste shall not be discharged from the retention tank when the mobile food vending unit is open to the public or in the process of preparing food.
(c) The waste connection shall be located below the water connection to preclude contamination of the potable water system.
(d) Connections to a water or sewage system on site is only allowed when the connections have been properly permitted and inspected by the Building Official or designee.
(C) Placement.
(1) Mobile food vending units shall not obstruct or set up in fire lanes, driveways, or parking spaces that are required for the use of an existing business.
(2) Mobile food vending units shall be separated from existing buildings and other mobile food vehicles by a minimum of ten feet and separated from any building entrances or exits by 20 feet.
(3) A mobile food vending unit may not operate within 200 feet of any existing restaurant, when measured in a straight line, unless:
(a) The mobile food vending unit is owned by the restaurant; or
(b) The mobile food vending unit has acquired the written consent to operate by the owner or agent of the restaurant.
(4) Mobile food vendors should attempt to avoid locating near restaurants or other mobile food vendors which serve similar foods.
(D) Signage.
(1) Each mobile food vending unit shall be clearly marked with the food establishment's name or a distinctive identifying symbol and shall display the name while in service within the city. All other signage on the mobile food vending unit shall be mounted flush to the surface of the unit.
(2) Each mobile food vending unit shall be permitted two freestanding signs:
(a) Two sandwich board signs not to exceed four feet in height and eight square feet; or
(b) One sandwich board sign not to exceed four feet in height and eight square feet and one feather flag not to exceed eight feet in height.
(3) Freestanding signs shall be for use on site and only during business operational hours.
(E) Insurance requirement.
(1) Each mobile food vendor shall maintain a commercial general liability insurance policy providing minimum premises/operations coverage of $500,000 per occurrence and $1,000,000 in the aggregate on an occurrence basis.
(2) The policy must be provided by an insurer licensed by the Texas Department of Insurance, and must be endorsed to name the City of Harker Heights as additionally insured.
(3) Prior to opening for business, the mobile food vendor permit holder, manager, or owner shall deliver a certificate of insurance and copies of all endorsements for additional insured to the Director, and thereafter at least ten days prior to the expiration of such policies.
(F) Drive-through service from mobile food vending units is prohibited.
(G) Mobile food vending units must be movable by motorized or non-motorized means.
(Ord. 2020-32, passed 8-25-20)
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