(a)
Except as provided in subsection (b), a term defined by Texas Administrative Code title 25, part 1, chapter 228, (Texas Food Establishment Rules) has the same meaning in this article.
(b)
Central preparation facility.
City.
City manager.
Food establishment rules.
Food truck.
Mobile food establishment.
TSDHS.
Unsafe food.
(1)
(2)
(3)
(4)
In
this article:
A facility that is an approved and permitted retail food
establishment at which food is prepared, stored, and wrapped; and
the food truck is supplied with fresh water and ice; and emptied of
wastewater into a proper waste disposal system, and cleaned, including
washing, rinsing, and sanitizing of those food-contact surfaces or
items not capable of being immersed in the mobile food unit utensil-washing
sink. Use of a private residence as a central preparation facility
is prohibited.
The City of Cameron, Texas.
The city manager of the city, his designee, or the department
the city manager tasks to fulfill the requirements of this article.
Title 25 of the Texas Administrative Code, part 1, chapter
228, (“Texas Food Establishment Rules”).
Food preparation facilities that are contained on a vehicle
or trailer mounted, self or otherwise propelled, self-contained food
service operation, designed to be readily and easily movable at all
times, that is used to store, prepare, display, serve or sell food.
The area equipped for food preparation must be completely contained
in the food truck and completely separated from the driving cab. Catering
trucks, food trailers, and pushcarts as defined by TSDHS are considered
food trucks. Food trucks selling only prepackaged ice cream items
are allowed for only mobile use (not stationary) in residential zones
of the city with permission from the city council. A food truck is
a mobile food establishment.
A unit that may serve prepackaged food in individual servings,
beverages that are not potentially hazardous and are dispensed from
covered urns or other protected vessels, packaged frozen foods, and
may cook, prepare and assemble a full menu of food items. When not
in operation the unit must be secured and completely enclosed.
The Texas Department of Health and Human Services.
Food that contains any chemical, poisonous or injurious substance
which may be harmful to the health of a consumer;
Food that is not packaged in conformity with this chapter;
Food that contains a contaminated or putrid substance; or
Food that has been prepared, packed or held under unsanitary
conditions whereby it may have become contaminated, or may have been
rendered diseased, unwholesome, or harmful to health.
(Ordinance 2017-05-01-007 adopted 5/1/17)
(a)
A
person may not manufacture for supply, possess with intent to supply,
display, sell, or supply, with or without charge, any food that is
unsafe or misbranded.
(b)
All
food shall be prepared, packaged, transported and supplied in compliance
with this article.
(c)
A
person operating a mobile food establishment shall comply with this
article and the city adopts the provisions of Texas Administrative
Code title 25, part 1, chapter 228.
(d)
A
mobile food establishment shall comply with Texas Administrative Code
title 25, part 1, chapter 228 (“Texas Food Establishment Rules”),
as amended, and be inspected and licensed accordingly.
(e)
Designs,
advertising and logos on the food trucks must be compatible with location
or the permit may be denied. Only signage attached to the unit or
small sandwich boards placed in close proximity to the unit are allowed.
(f)
Food
trucks are not permitted to block fire hydrants or obscure rights-of-way.
(g)
Food
trucks must comply with city noise ordinances. Food truck noise levels
must be compatible with locations. Noise ordinances for locations
in or near residential zones will be strictly enforced. Any sound
or music broadcast from the food truck must be appropriate for the
location as determined by the city. Vendors must cease broadcasting
music or sounds when requested by the city.
(h)
Operations
of a mobile food establishment must cease and the food truck must
be removed from the location when the permit issued pursuant to this
article is revoked, suspended, or expired.
(Ordinance 2017-05-01-007 adopted 5/1/17)
(a)
A
person who seeks to operate a mobile food establishment must submit
to the city manager a written application for a permit on a form provided
by the city manager. The application must include:
(1)
Name, address, telephone number, and e-mail address of the applicant
and the applicant’s identification number as shown on a current
and valid government-issued identification document that includes
a photograph of the applicant;
(2)
Make, model, vehicle identification number, license number, dimensions
of the vehicle, and the type of vehicle to be used for the proposed
mobile food establishment;
(3)
Address and/or physical location of the central preparation facility
utilized by the applicant, if applicable;
(4)
Tax identification number of the applicant and proof of sales tax
and use permit;
(5)
Proof of insurance;
(6)
Copy of health inspection and license required by the Texas Food
Establishment Rules;
(7)
Dates and times of operation of the mobile food establishment;
(8)
Photographs of truck/trailer, all sides, depicting designs, advertising,
logos, table and chair setup, and queue area;
(9)
An itinerary of locations where sales occur;
(10)
Other information required by the city manager;
(11)
The signature of each applicant;
(12)
The fee for the permit;
(13)
A plan to dispose of grease or other liquid waste must be presented
to the city to determine the frequency and location of an appropriate
waste disposal receptor;
(14)
A notarized statement from the property owner granting applicant
permission to locate a food truck on the property if the food truck
is not owned by the property owner; and
(15)
If at one location for more than two hours, a written agreement from
a business within 150 feet for employees of the mobile food establishment
to have use of flushable restrooms (or other facilities as approved
by the city manager) during hours of operation.
(b)
If
eligible for issuance, the city manager shall provide the permit holder
a sticker or other document that indicates the permit expiration date.
(c)
A
person operating a mobile food establishment shall promptly display
the sticker on the unit where it is readily visible (as designated
by the city manager).
(Ordinance 2017-05-01-007 adopted 5/1/17)
(a)
The
city manager may suspend or revoke a mobile food establishment permit
if the city manager determines that:
(1)
An applicant obtained the mobile food establishment by knowingly
providing false information on the application;
(2)
A person is infected with or is a carrier of any foodborne communicable
disease; or
(3)
The continuation of the person’s mobile food establishment
permit presents a significant public health threat.
(b)
A
permit may be revoked for nonconformity to the application location
specifications or requirements as well as to nonconformity to an approved
location plan or diagram.
(c)
A
permit may be suspended or revoked for not complying with the requirements
of this article, or any other ordinances, or laws.
(d)
At
the sole discretion of the city manager, the city manager may declare
that food trucks no longer add to the vibrancy of the city or public
interest; and revoke all permits issued pursuant to this article in
the city with a 30-day written notice to the permittees of record.
In such event, the city shall return the unused pro-rata portion of
the annual fee. Revocation pursuant to this subsection is final and
unappealable.
(Ordinance 2017-05-01-007 adopted 5/1/17)
(a)
The
notice of revocation, suspension, or denial of a permit shall include
the procedure for appealing the suspension, revocation, or denial.
(b)
If
the city manager revokes, suspends or denies a mobile food establishment
permit, the holder or applicant of the permit which has been revoked,
suspended, or denied shall have the right of appeal to the city council
of the city by submitting an appeal in writing to the city manager
within ten (10) business days of the revocation, suspension, or denial.
(c)
Pending
action on the appeal, a permit which has been revoked or suspended
shall be considered revoked or suspended.
(d)
If
a written appeal is not submitted within ten (10) business day of
revocation, suspension, or denial, or if the appeal is denied, the
permit shall hence be considered revoked, suspended, or denied.
(Ordinance 2017-05-01-007 adopted 5/1/17)
(a)
If
a mobile food establishment or applicant is not in compliance with
this article or any other ordinances, laws, or the approved application,
the following actions will be taken:
(1)
1st violation.
A warning may be issued, or the permit
may be revoked or suspended and the vendor may become ineligible for
new or reissued permit for three (3) months.
(2)
2nd violation.
Permit will be revoked and the vendor
may become ineligible for new or reissued permit for three (3) months.
(3)
3rd violation.
Permit will be revoked and the vendor
will become ineligible for new or reissued permit for one (1) year.
(b)
If
an applicant’s permit has been denied and the appeal is denied
the applicant may not reapply for three (3) months.
(Ordinance 2017-05-01-007 adopted 5/1/17)
(a)
If
a person who operates a mobile food establishment maintains food at
a hot holding temperature by mechanical means, that person shall comply
with fire and explosion safety standards established by the city manager
and city codes.
(b)
If
a person uses a pressurized fuel system or container in conjunction
with the mobile food establishment, that person shall comply with
fire and explosion safety standards established by the city manager
and city codes.
(c)
A
person operating a mobile food establishment shall equip the interior
of the mobile food establishment with an attached trash receptacle
approved by the city manager for the use of persons working in the
mobile food establishment. The operator must hold, store, and dispose
of solid and liquid waste in a receptacle approved by the city manager
and must comply with any other applicable city code requirements.
(d)
Foods
that are not prepared inside the food truck, or that require extensive
preparation or cooking outside of the food truck, must be prepared
at a licensed central preparation facility and not at a private residence.
Ice that is to be consumed or that contacts food must be made and
used in accordance with retail food requirements established by the
TDSHS.
(e)
A
plan to dispose of grease or other liquid waste must be presented
to the city to determine the frequency and location of an appropriate
waste disposal receptor. Storm sewers, carwashes, or other locations
that may wash into waters of the state may not be used to dispose
of grease or other liquid waste.
(f)
A
person who operates a mobile food establishment must comply with the
food establishment rules, including, but not limited to:
(1)
A mobile food establishment shall provide only single-service articles
for use by the consumer;
(2)
A mobile food establishment shall comply with the regulations adopted
by the TDSHS regarding time, temperature, plumbing, operation and
maintenance requirements for mobile food establishments and any other
regulations approved by the city manager;
(3)
A mobile food establishment shall comply with the regulations adopted
by the TDSHS regarding a mobile food establishment’s provisions,
mandatory central preparation facility, serving area and operations
and any other regulations approved by the city manager;
(4)
A mobile food establishment shall demonstrate that the vehicle is
readily moveable if requested by the city manager;
(5)
A mobile food establishment shall comply with all requirements prohibiting
alteration, removal, attachments, placement or change in, under, or
upon the mobile food establishment that would prevent or otherwise
reduce ready mobility of the mobile food establishment unit;
(6)
The city manager shall require a mobile food establishment to come,
on an annual basis, to a location designated by the city manager for
an inspection;
(7)
All food and supplies must be stored within the mobile unit;
(8)
A person who operates a mobile food establishment may not place food,
equipment, or supplies that are part of its operations outside of
the permitted unit and must conduct all of its operational activities
within the mobile food establishment;
(9)
The city manager may require mobile food establishments found to
violate this section come for a reinspection at a location designated
by the city manager;
(10)
A mobile vending unit must be equipped with an attached potable water
container of no less than 30 gallons. A pushcart type mobile vending
unit must be equipped with an attached potable water container of
no less than 10 gallons; and
(11)
Mobile vending unit wastewater containers must be sized with at least
15% higher capacity than the potable water tank size installed.
(Ordinance 2017-05-01-007 adopted 5/1/17)
(a)
No
mobile food establishment shall locate on any private property without
written permission to do so and must comply if asked to leave by the
property owner or city official. A copy of the written permission
to operate in a specific location, signed by the private property
owner, shall be kept within the mobile vending unit at all times.
(b)
A
mobile food establishment may not be located within fifteen (15) feet
of another mobile food establishment unless approved by the city manager.
(c)
Hours
of operation for a mobile food establishment are limited between 6:00
a.m. to 8:00 p.m. daily. Food trucks are required to move off locations
daily by 8:30 p.m. Hours of operation and the requirement to move
off the location daily may change if approved by the city manager.
(d)
Food
trucks operations shall comply with all zoning and location restrictions
required by the city.
(Ordinance 2017-05-01-007 adopted 5/1/17; Ordinance 2020-08-03-007 adopted 8/3/20)
Annual permit fees will be pro-rated. Permits run from January
to December of a given calendar year and expire on December 31st of
that year. Permit fees may be pro-rated based on the number of calendar
months the permit is in effect beginning with the month the permit
is issued through December. Permits may be renewed prior to January
1st with payment of an annual fee. Renewals require an inspection
and updates to application information. Permits are not transferrable
from owner to owner.
(Ordinance 2017-05-01-007 adopted 5/1/17)
(a)
No
permit shall be issued under this article until the applicant has
filed with the city manager a certificate or certificates of insurance,
indicating that there is in effect public liability insurance covering
any damages arising out of the use and operation of any and all devices
and facilities operated in connection with the mobile food establishment
and the location of the mobile food establishment. A public liability
insurance policy shall be issued by a company authorized to do business
in the state. The policy shall be accompanied by a certificate from
such company that such policy will be in force and effect during the
full duration of the valid permit. Such policy shall be in an amount
not less than one million dollars ($1,000,000.00) for the death or
injury of one (1) person, and not less than one million dollars ($1,000,000.00)
for death or injury in any one (1) accident. The applicant should
have the city named as an additional insured. The insurance requirements
stated herein may be revised by the city council, as needed.
(b)
The
applicant must indemnify and release the city in connection and use
of the location of the mobile food establishment before receiving
a valid permit.
(Ordinance 2017-05-01-007 adopted 5/1/17)
The city shall inspect food trucks prior to issuing a permit
for the following:
(1)
Posted
valid state sales tax permit;
(2)
Posted
valid state license by TDSHS;
(3)
Properly
maintained fire extinguishers in good operating order;
(4)
Compliance
with applicable city codes; and
(5)
General
condition.
(Ordinance 2017-05-01-007 adopted 5/1/17)
This article does not pertain to food truck use when operating
as temporary food establishments under TDSHS rules by invitation of
event organizers for a community event limited in time, i.e. festival,
bazaar, carnival, circus, fundraiser, public exhibition, celebration,
sporting or other public gathering which can be civic, political,
public, or educational. Such use is only allowed for events that are
approved by the city manager and managed separately by event organizers.
(Ordinance 2017-05-01-007 adopted 5/1/17)
(a)
A
violation of any provision of this article shall be deemed to be a
misdemeanor and, upon conviction, such violation shall be punishable
by a fine in an amount not to exceed $500.00. Each day of a violation
exists shall constitute a separate offense.
(b)
Neither
allegation nor evidence of culpable mental state is required for the
proof of an offense defined by this article.
(Ordinance 2017-05-01-007 adopted 5/1/17)
