(A) Required documentation. To obtain a mobile food vendor permit, a mobile food vendor must submit a list of foods and beverages to be served on the unit, stating the source of the item and when and where it will be prepared. A mobile food vendor must also submit plans showing the equipment layout and the arrangement and construction material of the inside of the unit, including food preparation, storage, and window service areas. Additionally, a mobile food vendor must submit written permission from any property owner who owns property on which the mobile food unit will be parked, regardless of the time period associated with parking the mobile food unit on said property. A mobile food vendor must pay the permit fee established in the City of Lindsay fee schedule at the time of requesting a mobile food vendor permit.
(B) Permit. It shall be unlawful for any person to operate a mobile food unit without having obtained a mobile food vendor permit issued by the city. Permits may be purchased monthly for up to one year from the date of issuance.
(C) Inspections.
(1) To obtain a mobile food vendor permit, the mobile food unit must have a current inspection by the city's health inspector to ensure compliance with this chapter. If a mobile food unit has been inspected by the city's health inspector on behalf of a different governmental entity within the six months prior to applying for the mobile food vendor permit, that inspection shall satisfy the inspection requirement for issuance of the permit. A mobile food vendor must pay the inspection fee established by the city fee schedule at the time an inspection of a mobile food unit is requested.
(2) It shall be unlawful for a person to operate a mobile food unit in the city without a valid inspection. An inspection is valid for six months from the date of inspection.
(3) Notwithstanding the inspection requirements of this chapter, a mobile food unit operating within the city may be inspected at any time by the city health inspector to ensure compliance with this chapter.
(D) Certified food manager required. A certified food manager must be present at the mobile food unit at all times during operation.
(E) Location. A mobile food vendor may not offer food or food products for sale while driving or traveling on a public right-of-way in the city.
(F) Food source and food protection.
(1) All food sold on the unit must be either prepared on the unit or at an approved, permitted food establishment. Food may not be prepared at home; food offered for sale must comply with labeling laws where applicable; food shall be in sound condition, free of spoilage, filth, or any other contamination and shall be safe for human consumption.
(2) Only ice that has been made from potable (drinking) water shall be used or offered for sale.
(3) Ice intended for human consumption shall be used to cool foods, food containers, or food utensils. Ice used for cooling stored foods and food containers shall not be used for human consumption.
(4) Food, whether raw or prepared, if removed from the original package or container, shall be stored in a clean, covered, impervious and nonabsorbent container, except during periods of preparation or service. Solid cuts of meat shall be protected by being covered during storage.
(5) Containers of food shall be stored at least 6 inches above the floor in a manner that protects food from splash and contamination and permits easy cleaning of the floor.
(6) No food can be stored in toilet rooms or vestibules.
(7) No food, including packaged foods, shall be stored in contact with water or undrained ice. Wrapped sandwiches shall not be stored in direct contact with ice.
(8) Conveniently located refrigeration facilities or effectively insulated facilities shall be provided to assure that potentially hazardous foods are maintained at 41°F or below.
(9) Potentially hazardous food requiring refrigeration after preparation shall be rapidly cooled to internal temperatures of 4l°F or below. Potentially hazardous foods shall not be prepared in quantities so large that rapid cooling will not be possible.
(10) Stored frozen foods shall be kept frozen.
(11) The internal hot holding temperature of potentially hazardous food shall be 135°F or above except during necessary periods of preparation. Each hot storage unit must have an accurate thermometer available.
(12) Live or dead fish bait shall be stored separately from food or food products.
(13) A product (stem type) thermometer is needed to check internal temperatures of potentially hazardous foods.
(G) Utensils. Only single service (plastic or paper) utensils, tableware, plates, etc., shall be used.
(H) Insect and rodent control. All mobile food units shall be constructed in such a manner as to prevent the entrance of flies, dust, dirt, or other foreign matter. Mobile food units must be provided with tightfitting solid or screened doors or windows.
(I) Floors.
(1) Floors shall be constructed of smooth, easily cleanable materials such as ceramic tile, linoleum, or laminated wood.
(2) Sawdust, wood shavings, peanut hulls, etc., are prohibited.
(3) Mats and duckboards shall be nonabsorbent and cleaned daily.
(J) Walls and ceilings.
(1) Walls and ceilings shall be light colored, smooth, nonabsorbent and easily cleanable.
(2) Food preparation areas shall be well lit.
(3) All lights in food preparation areas must be shielded.
(K) Ventilation. The ventilation system shall be installed and operated according to the Texas Food Establishment Rules and the International Mechanical Code.
(L) Animals. Live animals shall be excluded from the surrounding areas of all mobile food units.
(M) Cleaning and sanitization of equipment; hand lavatory.
(1) A two-compartment sink with hot and cold running water under pressure is required; however, a three-compartment sink is recommended.
(2) The hand lavatory must be accessible and convenient.
(N) Fresh water and wastewater systems.
(1) All mobile food units must have potable (drinking) water and the storage of potable water must be according to law.
(2) All mobile food units must have hot and cold running water under pressure. Hot water at a temperature of at least 100°F shall be provided to all fixtures at all times while the unit is in operation.
(3) Fresh water must be provided in a self-contained system within the mobile food unit. Water may not be supplied to the mobile unit by running hoses from an establishment to the unit.
(4) The water inlet shall be capped when not being used to fill a water tank.
(5) Wastewater shall be stored in a permanently installed retention tank that is sized at least 15% larger in capacity than the water supply tank and is sloped to drain. The drain pipe must be at least 25 millimeters (one inch) in inner diameter or greater and equipped with a shutoff valve.
(6) Wastewater must be disposed of by a sewage transport vehicle, and under no circumstances shall wastewater be disposed in the municipal wastewater system.
(O) Vehicle requirements.
(1) All mobile food units shall be readily identifiable by business name, printed in bold letters not less than three inches in height, not less than one and one-half inches in width, permanently affixed, and prominently displayed upon at least two sides of the unit.
(2) All mobile food units shall maintain a current state motor vehicle inspection sticker and a current Texas motor vehicle license plate registration sticker.
(3) All mobile food units must be readily movable (capable of moving immediately upon the request of the code enforcement officer).
(4) Mobile food vendors who only sell prepackaged goods on their mobile food units shall not remain parked in one location for longer than three hours. No time restriction shall apply for mobile food vendors who prepare food on their mobile food unit.
(P) Applicability to prepackaged sales. For mobile food vendors who only sell prepackaged goods on their mobile food units, the only divisions of this section that apply are those relative to:
(1) Submitting plans;
(2) Required documentation;
(3) Initial inspection of the mobile unit;
(4) Permits;
(5) Inspections;
(6) Food source and food protection when applicable, as determined by the code enforcement officer;
(7) Insect and rodent control;
(8) Animals;
(9) Fresh water and wastewater systems, when applicable, as determined by the code enforcement officer; and
(10) Vehicle requirements.
(Q) Trash receptacles. Mobile food vendors who prepare food on their mobile food unit shall provide one or more trash receptacles for disposal of waste from customers, and shall provide for the disposal of such waste.
(Ord. 1018-1, passed 11-12-2018)