§ 96.065  OUTDOOR FOOD VENDING UNITS.
   (A)   No person, firm, or corporation shall operate or maintain an outdoor food vending unit in the city without a license issued by the Department of Public Health. The license may be obtained by filling out an application paying the annual fee as set forth in the schedule of fees and charges attached to the annual budget of the city, pursuant to § 41.11 of the code, and passing the menu and unit design plan review and initial Health Department inspection. All licenses shall expire on January 31 each year.
   (B)   The operation of each outdoor food vending unit shall comply with the regulations of the City Police Department concerning food hucksters.
   (C)   All equipment and procedures shall conform to all applicable requirements as set forth by the Fire Marshal.
   (D)   Each outdoor food vending unit shall have the name, address and phone number of the person, firm or corporation responsible for its operation printed legibly in a conspicuous place on the unit. Any change in this information shall be reported to the Health Department immediately.
   (E)   The menu of food or drink to be sold at each outdoor food vending unit, as well as the design plan of each unit, shall be submitted to the Health Department for review and approval prior to licensing. Any proposed changes in menu or unit design shall be subject to Health Department review and approval before the changes are carried out.
   (F)   The food vending unit be constructed in such a manner that all materials and surfaces that come in contact with food or drink shall be smooth and easily cleanable, nontoxic and noncorrodible.
   (G)   The food vending unit shall be cleaned and sanitized each day before the start of operation, at the end of operation, and as is necessary during operation. Clean cloths or sponges used to clean and sanitize all food or drink contact surfaces shall be kept in fresh sanitizing solution of 100 ppm chlorine in water (e.g. one ounce of chlorine bleach in one gallon of water) or its equivalent.
   (H)   Cross-contamination of food shall be avoided. Raw and cooked potentially hazardous food shall be kept separate. Utensils, cutting boards, containers or other equipment that have been previously used for raw foods shall not be used with cooked or ready to serve foods.
   (I)   Chemicals, sprays, powders and the like that are toxic, caustic or poisonous shall not be kept upon the food vending unit. Fluorescent lights in or near the vending site shall have a plastic sleeve with end caps or light diffusers (covers) in which to prevent breakage and contamination of food or equipment.
   (J)   All food and drink while being stored, prepared, displayed or held for service shall be protected from dust, flies, vermin, depredation and pollution by rodents, unnecessary handling, droplet infection, overhead leakage or other contamination. All food and drink shall be from an approved source, clean, wholesome, free from spoilage and so prepared as to be safe for human consumption.
   (K)   All perishable food and drink shall be stored at such temperatures as will protect against spoilage. All potentially hazardous food and drink which consist in whole or part of milk or milk products, eggs, meat, poultry, fish, shellfish or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms, shall be maintained at safe temperatures at 45°F or below, or over 140°F or above, except during necessary periods of preparation and service. The pouring lips of bottles or containers of milk or other beverages shall not be submerged for cooling.
   (L)   Vendors shall have a probe type thermometer on site, to be used in checking for proper cooking and holding temperatures of the food. The thermometer must be cleaned and sanitized before and after every use. All refrigeration units shall be provided with accurate thermometers placed in the units to monitor the ambient air temperature.
   (M)   All utensils and food or drink contact surfaces used in the storage, preparation, cooking, serving or holding of food items shall be cleaned and sanitized at the end of operation and as is necessary during operation of the food vending unit.
   (N)   All single service eating and drinking articles shall be made from nontoxic materials, and shall have been manufactured, packaged, transported, stored, handled and dispensed in a sanitary manner, and shall be used only once. Drinking straws or any other device, hollow in nature, whereby, through its use a beverage can be drawn into the mouth shall be separately wrapped, either individually or in pairs, with a sanitary protective covering for individual use.
   (O)   When preparation and sale of potentially and/or nonpotentially hazardous foods from food vending units with exposed cooking or preparation surfaces occurs, or when preparation entails more than the transfer of a prewrapped food item to a customer, then toilet facilities and hot and cold water under pressure shall be readily accessible.
   (P)   When the preparation and sale of potentially or nonpotentially hazardous foods which are kept in protected refrigerators and heated in covered heating units occurs, or when prepackaged food items are dispensed directly from refrigerated or properly protected heating units, then toilet facilities shall be available.
   (Q)   No vendor shall resume work after using a toilet without first washing his hands. All vendors shall wear clean outer garments and maintain a high degree of personal cleanliness, and conform to hygienic practices while on duty. They shall wash their hands thoroughly in an approved  handwashing facility before starting work. Vendors shall not use tobacco in any form while engaged in food preparation or service.
   (R)   No person while affected with any disease in a communicable form or while a carrier of the disease, or while afflicted with boils, infected wounds, sores or an acute respiratory infection shall work at a food vending unit. If the management of a food vending unit has reason to suspect that any employee has contracted any disease in a communicable form or has become a carrier of such disease, he shall notify the local Director of Health immediately. When the local Director of Health has reasonable cause to suspect the possibility of disease transmission from any food service employee, he shall secure a morbidity history of the suspected employee, or make such other investigation as may be indicated, and take appropriate action. The Director of Health may require any or all of the following measures:
      (1)   The immediate exclusion of the employee from all food service;
      (2)   The immediate closure of the food service concerned until, in the opinion of the Director of Health, no further danger of disease outbreak exists;
      (3)   Restriction of the employee's services to some area of the food service where there would be no danger of transmitting disease; and
      (4)   Adequate medical and laboratory examinations of the employee, or other employees, and of his, and their body discharges.
   (S)   Every outdoor food vending unit shall be subject to inspections, at intervals as deemed necessary, by the Director of Health or his agent (sanitarian) to determine whether compliance with these regulations has been achieved. The Director of Health or his agent, after proper identification, shall be granted access to, at any reasonable time, any outdoor food vending unit for the purpose of making the inspections.
   (T)   The inspection findings shall be recorded on an inspection report form as described in  § 19-13-B42 of the Public Health Code of the state. Every outdoor food vending unit shall maintain a rating score of 80 or higher and shall not have one or more four-demerit point items in violation, regardless of the rating score.
   (U)   The Health Department license for any outdoor food vending unit may be revoked at any time for any reason by the Director of Health or his agent when, in his opinion, the action is warranted. The unit will not be allowed to resume operation without the written approval of the Director of Health or his agent.
(1967 Code, Appendix A, § 77)  (Ord. passed 10-19-1992; Ord. passed 5-19-2003)  Penalty, see § 96.999