The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Mobile food peddler or food peddler.
A person who:
(1) 
Travels by any conveyance or walks from place to place transporting food and offering the same for consumption with or without charge;
(2) 
Without traveling from place to place, offers food for consumption with or without charge from any conveyance;
(3) 
Solicits orders and as a separate transaction makes deliveries of food products to purchasers; or
(4) 
Delivers food from a fixed location outside the city to food establishments located inside the city.
The term does not include persons making deliveries of food from a food establishment operated by them or their employer to another food establishment, nor does it include persons who cater food from a food service establishment operated by them or their employers.
(1996 Code, sec. 58-131)
In addition to the permit required by this article, a mobile food peddler must hold a valid health certificate as required by article 10.02.
(1996 Code, sec. 58-132)
(a) 
Operations in violation a nuisance.
The operation as a food peddler in violation of any provision of this division is declared to be a nuisance.
(b) 
Jurisdiction.
Such operation is prohibited within the corporate limits of the city.
(c) 
Remedies.
A nuisance as defined in this division shall be subject to abatement by summary action of the health officer or by injunction, and this provision is cumulative of all other enforcement remedies.
(1996 Code, sec. 58-133)
(a) 
Premises, equipment, vehicles.
Upon receipt of the application for a permit under this division, the city administrator shall inspect the premises, equipment and each vehicle with which such applicant intends to carry on his business.
(b) 
Issuance.
When they conform to the food and sanitary laws of the state and the ordinances of the city, the city administrator shall issue a permit to the applicant.
(1996 Code, sec. 58-135)
All permits issued under this division shall remain in force for three months from the date of issuance unless sooner revoked or suspended.
(1996 Code, sec. 58-136)
A food peddler obtaining a permit under this division shall keep the permit posted in a conspicuous place on the vehicle from which he conducts his business.
(1996 Code, sec. 58-137)
The person operating the business of mobile food peddler, upon the request of the city administrator, shall permit access to all areas in which food or drink is stored, processed or kept and shall permit copying of all records of food and drink purchases.
(1996 Code, sec. 58-138)
(a) 
Vehicle; storage or processing area.
The city administrator may inspect a food peddler’s vehicle, storage or processing area as often as necessary to ascertain if the standards of this division are being maintained.
(b) 
Notice.
The city administrator shall notify the food peddler of any violation of this division.
(c) 
Second inspection.
The city inspector shall make a second inspection after the lapse of such time as he deems necessary for the defect to be remedied.
(1996 Code, sec. 58-139)
(a) 
Failure to correct; immediate suspension.
If a food peddler does not correct the defects in the permitted operation before the second inspection, the permit shall be suspended immediately.
(b) 
Correction; reinstatement.
Following suspension, a request for reinspection may be made to the city administrator, who may order reinstatement of the permit if all defects have been corrected.
(1996 Code, sec. 58-140)
All food and drink must be stored, processed or kept in a location and manner comparable to that required by other provisions in this division for other types of food establishments dealing in comparable foods, food products or drinks.
(1996 Code, sec. 58-141)
No unwrapped food may be dispensed by a food peddler except fruits and vegetables which are usually peeled, cooked or shelled prior to consumption.
(1996 Code, sec. 58-143)
All perishable foods shall be kept at a temperature below 50 degrees Fahrenheit or above 150 degrees Fahrenheit at all times.
(1996 Code, sec. 58-147)
(a) 
Sampling; as often as necessary.
Samples of food or drink offered to the public by a food peddler may be taken and examined by the city inspector as often as may be necessary for the detection of unwholesomeness or adulteration.
(b) 
Unwholesome and adulterated.
The city inspector may condemn and forbid the sale of, or cause to be removed and destroyed, any food or drink which he finds to be unwholesome or adulterated.
(1996 Code, sec. 58-148)