While operating as a mobile food vendor, no mobile food vendor shall sell any items other than food items. A permit to operate shall be obtained from the county health department and shall be based on the sale of service of specified types of food items and only those types of food items for which approval or authorization has been obtained may be sold or served from an individual mobile food vending unit.
(1996 Code, sec. 46-291)
The clerk of the municipal court shall report to the health officer all convictions and complaints filed in municipal court for violations of this division, and the health officer or city inspector shall maintain a record of each permit issued under this division and record the reports of violations therein.
(1996 Code, sec. 46-293)
Whenever an inspection of a mobile food vending unit is made, the findings shall be recorded on an inspection report and shall include a time period of no more than ten days within which any deficiencies shall be corrected.
(1996 Code, sec. 46-294)
All mobile food vendors shall comply with the following sanitary requirements:
(1) 
Food shall be in sound condition, free from spoilage, filth, or other contamination and shall be safe for human consumption.
(2) 
Food shall be obtained only from sources approved by the county health department and shall comply with all laws relating to food and food labeling.
(3) 
At all times, including while being stored, prepared, displayed, served, or transported, food shall be protected from potential contamination, including dust, insects, rodents, unclean equipment and utensils, unnecessary handling, coughs and sneezes, flooding, drainage, and overhead leakage or overhead drippage from condensation.
(4) 
The surfaces of the mobile vending unit shall be constructed of smooth, nonabsorbent, easily cleanable material. All parts of the mobile vending unit shall be kept clean and in good repair at all times.
(5) 
The mobile food vending unit shall be equipped with a trash receptacle. All solid and liquid waste shall be held, stored and disposed of in a receptacle designed for such disposition.
(6) 
Ice used as a storage medium for food shall be from approved sources and shall be continuously drained to a waste holding tank. Wrapped sandwiches shall not be stored in direct contact with ice.
(7) 
All potentially hazardous foods shall be kept continuously at internal temperatures of 45 degrees Fahrenheit or below or 140 degrees Fahrenheit or above. Frozen foods shall be kept at or below zero degrees Celsius (32 degrees Fahrenheit). Maintenance of temperatures above 140 degrees Fahrenheit shall be by mechanical means only.
(8) 
When potentially hazardous food is supplied which is not prepackaged, the mobile food unit must be a completely enclosed vehicle equipped with utensil and handwashing facilities, and must operate out of a commissary or fixed location approved by the county health department.
(9) 
When the mobile food vending unit is a completely enclosed motor vehicle, equipped with utensil and handwashing facilities, all food need not be prepackaged. For all other types of vehicles or conveyances, all food shall be prepackaged except for those listed below which shall be protected in the following manner:
(A) 
Nuts shall be dispensed with shell intact.
(B) 
Fresh fruit and vegetables shall be dispensed with the natural skin intact.
(C) 
Flavored crushed ice and beverages shall be kept in covered containers and served either in the original container or in sanitary single-serving cups. Milk beverages shall only be served in the original container.
(D) 
Fresh seafood shall be packed in ice continuously from point of origin to final sale. The ice shall be continuously drained to a waste holding tank.
(E) 
Fresh, baked pastries shall be kept in containers with close-fitting lids and served on individual single-service products.
(F) 
Ice for human consumption shall be from approved sources and shall be kept in a covered container with no other items, such as food, food containers and utensils stored in or over the ice.
(10) 
When utensil and handwashing facilities are provided, the following requirements shall be met:
(A) 
The vehicle shall be equipped with:
(i) 
A tank to provide potable water.
(ii) 
A water heating device to provide hot or tempered water.
(iii) 
A liquid waste tank of 15 percent larger capacity than the water supply tank.
(iv) 
At least one compartment sink of at least ten inches depth with hot and cold or tempered water supplied to it under pressure.
(v) 
Additional sinks as required for compliance with the state department of health Rules on Food Service Sanitation 301.73.11.001.011.
(vi) 
Soap and paper towels for handwashing.
(B) 
There shall be no direct or indirect cross connections between the potable water supply and any nonpotable water system.
(11) 
Except as provided herein all packaged food shall bear a label containing the following information:
(A) 
The common and/or usual name of the food item;
(B) 
The name and address of the manufacturer or distributor;
(C) 
A list of all ingredients contained in the food item, starting with the most predominant ingredient and following with other ingredients in descending order based on the amount contained in the food item; and
(D) 
The net weight of the food item (including any bread or bun in the case of sandwiches).
When all of the products dispensed from an individual mobile food vending unit are the same, such that all of the above four items of information would be the same for every product sold, then individual labels on each package may be replaced by one single, prominently displayed sign giving the above four information items.
(12) 
When frozen dessert or flavored crushed ice machines are used, they shall be cleaned daily by flushing with a suitable cleanser, rinsed by flushing with clear water, and sanitized by flushing with a sanitizing agent approved by the health officer.
(1996 Code, sec. 46-295)
In addition to provisions contained in this division, enforcement shall be, where applicable, in accordance with the state department of health, division of food and drugs, Rules on Food Service Sanitation, Rule 301.73.11.001.011, three certified copies of which shall be on file in the office of the city secretary.
(1996 Code, sec. 46-296)
Whenever an inspection is made of a food vendor establishment, the findings shall be recorded on an inspection report. The inspection report form shall summarize the requirements of this division, and shall specify a reasonable period of time for the correction of the violations found. Correction of the violations shall be accomplished within the period specified.
(1996 Code, sec. 46-297)
Use of tobacco in any form is prohibited within food vendor establishments in areas where unpackaged food is prepared, or displayed, or in warewashing areas. Notice to this effect shall be posted in such areas.
(1996 Code, sec. 46-298)
The enforcement of this division shall be in accordance with the terms of the unabridged form of The Vending of Food and Beverages, 1978 Recommended Sanitation Ordinance of the Food and Drug Administration.
(1996 Code, sec. 46-299)
There is hereby adopted by reference the unabridged form of The Vending of Food and Beverages, 1978 Recommended Sanitation Ordinance of the Food and Drug Administration, a certified copy of which shall be on file in the office of the city secretary; provided that the words “municipality of __________” in such unabridged form shall be understood to refer to the City of West Lake Hills, Texas.
(1996 Code, sec. 46-300)