(A) No person shall operate a mobile food establishment or vend food afoot who does not possess a valid, current or mobile food establishment permit from the City Administrator or designee as provided in this chapter. The permit for a mobile food establishment shall specify the type of food to be vended, the manner in which the food is to be vended, and include a description of any vehicle to be used in the food vending operation.
(B) A person seeking a mobile food establishment permit from the City Administrator or designee shall make application on a form provided by the City Administrator, and shall provide all of the information listed in divisions (1) through (13) below as part of the application:
(1) The name and address of the owner and/or operator;
(2) A government issued identification of the applicant;
(3) A description of the owner and/or operator;
(4) If the applicant represents a corporation, association or partnership, the names and addresses of the officers or partners;
(5) The name under which the food vending operation will be operated;
(6) A description of the type of food or the specific foods to be vended; as for example prepackaged or unpackaged non-potentially hazardous food, prepackaged potentially hazardous food, and openly handled potentially hazardous food;
(7) The manner of mobile food vending operation to be conducted; as for example foot vending, truck, trailer, pushcart, etc.;
(8) A description of any vehicle to be used in the mobile food vending operation along with the license or registration and vehicle identification number of any vehicle licensed or registered with the state;
(9) A notarized letter on the form issued by the city that contains the address and food establishment permit number of the central preparation facility required by this chapter;
(10) Documentation indicating the volume capacity of any required water and wastewater storage tanks either on the tank itself or in writing;
(11) If the permit application is for the sale of approved openly handled potentially hazardous food from a pushcart, a vehicle or a trailer, a water sample test result from a drinking water bacteriology laboratory accredited by the Texas Commission on Environmental Quality showing the absence of coliform and E. coli which was performed within 30 days prior to the date of the permit application;
(12) Any other information reasonably required by the City Administrator;
(13) If the person seeking a mobile food establishment permit from the City Administrator or designee will be vending frozen or refrigerated confections, including but not limited to ice cream cones, frozen ice cream novelties, raspas or paletas directly to consumers on a public street, sidewalk or right-of-way, or will travel with the person's mobile food establishment on a public street, sidewalk or right-of-way to or from a location where the person vends, then the person shall provide as part of the application to the City Administrator or designee a written statement from the Police Department certifying that the person seeking a mobile food establishment's permit is not a sex offender registered with the State Department of Public Safety and that the records reviewed by the Police Department indicate that the person seeking a mobile food establishment permit has not been convicted of any sexual offense or any offense against a child as defined by applicable law. The basic requirements for submitting requests for criminal backgrounds of persons engaged in mobile food vending are specific in Exhibit 1 hereto on file in the office of the City Clerk, and hereby adopted and incorporated herein for all purposes by reference.
(C) A person seeking a mobile food court permit from the City Administrator or designee shall make application on a form provided by the City Administrator, and shall provide all of the information listed in divisions (1) through (5) as part of the application:
(1) The name and address of the owner and/or operator;
(2) A description of the owner and/or operator;
(3) If the applicant represents a corporation, association or partnership, the names and addresses of the officers or partners;
(4) The address and name under which the mobile food court will be operated; and
(5) Any other information reasonably required by the City Administrator.
(D) Upon receiving a proper application for a mobile food court permit or mobile food establishment permit, the City Administrator's designee shall make appropriate inspections of the location, food, equipment, vehicles and other reasonable inspections concerned with the mobile food court or mobile food vending operation and shall issue a permit and a sticker only if:
(1) The application complies with divisions (B) or (C); and
(2) The inspection reveals compliance with the applicable requirements of all federal and state statutes and regulations, and all city ordinances governing the proposed mobile food court or mobile food establishment operation.
(E) Mobile food establishment fees shall be as follows:
(1) A permit for the sale of pre-packaged or unpackaged, non-potentially hazardous food by peddling from afoot, from a pushcart, from a vehicle, or from a trailer shall be $100 per year;
(2) A permit for the sale of pre-packaged potentially hazardous food from a pushcart, from a vehicle, or from a trailer shall be $200 per year;
(3) A permit for the sale of approved openly handled potentially hazardous food from a pushcart, from a vehicle, or from a trailer shall be $300 per year; and
(4) The fee for each written statement from the Police Department for persons age 17 and older as required in division (B)(13) shall be the sum of the fees required to obtain the local, state and national criminal histories for the applicant. There shall be no fee for the written statement for persons under the age of 17.
(F) All funds collected for permits under the provisions of this chapter shall be deposited in the general fund of the city.
(G) The valid permit shall be displayed by a mobile food establishment:
(1) Inside the vehicle, used in connection with the mobile food vending operation, at the top of the windshield on the passenger side of the vehicle;
(2) On an enclosed trailer on the outside of the unit next to the servicing window so that it is not obscured when the serving window is closed for travel;
(3) At the top right-hand corner on the front of a pushcart, bicycle or tricycle used in connection with the mobile food vending operation; or
(4) In front of the sink of a corn roaster or hot dog cart used in connection with the mobile food vending operation.
(H) Mobile food establishment permits shall be valid for only one year from the date of issuance unless sooner suspended or revoked.
(I) Mobile food court and mobile food establishment permits shall not be transferred or assigned and shall be considered suspended should the character of the food vending operation be changed from that specified in the permit.
(J) Every mobile food establishment permit shall be renewed each year in like manner as the original permit application, except that the written statement from the city Police Department required under division (B)(13) shall be renewed every two years from the date of issuance by the Police Department of such written statement, with a current written statement to be provided to the City Administrator or designee by the permit holder every two years at the time the permit holder is seeking permit renewal.
(K) The City Administrator's designee shall make routine, unannounced inspections of mobile food courts, mobile food establishments, central preparation facilities and servicing areas when applicable, to determine whether or not the vending operation is being conducted in such a manner as to comply with the conditions of the permit, the provisions of this chapter, other applicable city ordinances and state and federal statutes, regulations and rules.
(L) Samples of food and other substances used in the preparation of food may be taken or retained until examined by the City Administrator's designee for the detection of unwholesome and deleterious qualities. The City Administrator's designee may condemn and forbid the sale of or cause to be removed or destroyed, any food which is adulterated, tainted, diseased, fermented, decaying or otherwise unwholesome, unclean or deleterious to health. The owner, operator or other person in charge of such food shall immediately and in the presence of the City Administrator's designee, destroy such adulterated, tainted, diseased, fermented, decaying or otherwise unwholesome, unclean food as directed by the City Administrator' designee.
(M) It is the responsibility of the mobile food establishment permit holder and/or the operator to ensure compliance with this chapter. Violations of this chapter shall result in the issuance of a citation and/or the suspension or revocation of the permit.
(Ord. 2016-1004, passed 10-4-2016)