The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
City.
The duly incorporated municipality of the City of Giddings, Texas.
Food.
A raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum.
Food establishment.
An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption.
Mobile prepared food unit (MPFU).
A vehicle-mounted food establishment that serves prepared food and is readily moveable.
Person in charge (PIC).
The individual present at a food establishment who is responsible for the operation at the time of inspection.
Process.
The method or amount of preparation of food utilized by a food establishment before the food is provided to the individual who will consume it.
State rules.
Regulations of food service establishments, retail food stores and mobile food establishments, V.T.C.A., Health and Safety Code chapter 437; and the Texas Administrative Code, title 25, part 1; Texas Department of Health, chapter 229 Food and Drug, subchapter K; Texas Food Establishments, sections 161 through 171 and sections 173 through 175, including the provisions of 25 Texas Administrative Code, chapter 228 when adopted, are hereby adopted by the city.
Structure.
A roofed and walled building built for permanent use.
Vend and vending.
To sell, serve or otherwise provide food for human consumption.
(Ordinance 814, sec. 2, adopted 12/19/16)
(a) 
No person shall operate a mobile prepared food unit who does not possess a valid, current mobile prepared food vendor permit from the city as provided in this article. The permit for a mobile prepared food vendor 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 or pushcart to be used in the food vending operation.
(b) 
No person shall operate a mobile prepared food unit from a tent or any other covered unit which does not meet the provided definition of structure.
(c) 
Mobile prepared food unit permits shall only be issued for commercially zoned locations as provided in the city’s official zoning map.
(d) 
A person seeking a mobile food unit permit from the city shall make application on a form provided by the city, and shall provide all of the information listed in the following subsections as part of the application:
(1) 
The name and address of the owner and operator;
(2) 
A copy of a current driver’s license of the owner and operator, if the mobile prepared food unit is to be powered by a motor or towed;
(3) 
A copy of a current sales tax certificate issued by the state;
(4) 
Written permission from property owner, if vendor does not own said property, on which vendor intends to operate mobile prepared food unit;
(5) 
If the applicant represents a corporation, limited liability company, association, or partnership, the names and addresses of the persons responsible for the entity’s operations;
(6) 
The name under which the mobile prepared food unit will be operated;
(7) 
A description of the type of food or the specific foods to be vended;
(8) 
The manner of mobile food vending operation to be conducted;
(9) 
A description of all vehicles to be used in the mobile prepared food unit operation along with the license or registration and vehicle identification number of said vehicles, and a copy of the current certificate of liability for all said vehicles; and
(10) 
Any other information required by the city as it pertains to the safe operation of the mobile prepared food unit.
(e) 
Prior to the approval of an initial permit or the renewal of an existing permit, the city shall make or cause to be made an inspection of the premises to determine compliance with this article. A food establishment that does not comply with this article may be denied a permit or the renewal of a permit.
(f) 
Upon receiving a proper application for a mobile prepared food unit permit, the city shall issue a permit only if:
(1) 
The application complies with subsections (a)–(d); and
(2) 
The inspection reveals compliance with the applicable requirements of all federal and state statutes and regulations, and city ordinances governing the proposed mobile prepared food unit operation.
(g) 
A valid permit shall be displayed by a mobile prepared food unit in a conspicuous place.
(h) 
Mobile prepared food unit permits shall be valid for one year from the date of issuance unless suspended or revoked.
(i) 
Mobile prepared food unit permits shall not be transferred or assigned and shall be considered revoked should the character of the food vending operation be changed from that specified in the permit.
(j) 
Every mobile prepared food unit permit shall be renewed each year in like manner as the original permit application.
(k) 
The city shall make routine, unannounced inspections of mobile prepared food units, when applicable, to determine whether or not the operation is being conducted in such a manner as to comply with the conditions of the permit, the provisions of this article, other applicable city ordinances and state and federal statutes, regulations and rules.
(Ordinance 814, sec. 2, adopted 12/19/16)
All applications for permits and inspections shall be accompanied by the appropriate fee(s) as set forth in section A4.10.003 of the fee schedule in appendix A of this code.
(Ordinance 814, sec. 2, adopted 12/19/16)
It shall be unlawful for any person operating any food establishment to work or employ a food handler until state laws and rules and all city ordinances, now and hereafter enacted, and all provisions of this section are complied with, and until such food handler has received a food handler’s registration certificate, in accordance with state rules, which is valid at the time of such employment. The food handler’s certificate issued to each individual shall be posted at the place of employment in a location readily visible and accessible to the code compliance official for verification.
(Ordinance 814, sec. 2, adopted 12/19/16)
(a) 
The code compliance official or her/his designee may, upon investigation of valid documented complaint or violation of law, suspend or revoke and confiscate a permit issued.
(b) 
Suspension is effective upon service of a written notice to the person in charge. When a permit is suspended, food operations shall cease immediately. The city may lift the suspension at any time if it deems that the reasons for the suspension no longer exist.
(c) 
The suspension or revocation notice shall include the procedure for appealing the suspension or revocation. A permittee whose permit is suspended or revoked shall have three working days from the date of suspension to request an administrative review, in writing, of the suspension to the city manager. If a request for an administrative review is not timely made, the license shall be automatically revoked with no further action by the city required.
(Ordinance 814, sec. 2, adopted 12/19/16)