Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated:
Beverage
means a liquid for drinking, including water.
Change of ownership
means a change of owner or operator of the business, and does not refer to a change of owner of the building where the business is located.
Commercially manufactured vehicle.
(1) 
The term “commercially manufactured vehicle” means a vehicle originally manufactured as a mobile food vehicle to be used for the preparation of open potentially hazardous food, which was manufactured by a person regularly in the business of manufacturing mobile food vehicles for sale.
(2) 
The term “commercially manufactured vehicle” does not include any vehicle that is converted or retrofitted to be a mobile food unit or vehicle.
Commissary
means a fixed food service establishment permitted and regularly inspected for compliance with health regulations. Note: The city does not recommend nor regulate commissaries.
Employee
means any person manufacturing, packaging, producing, processing, storing, selling, offering for sale, vending, preparing, serving, or handling any food in a food establishment.
Fixed vending unit
means a food service operation that is movable but remains on the premises during the entire time such permit is valid. Examples of this include, but are not limited to, the following: a snack bar, snow cone stand, and beverage stand.
Food
means any 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.
(1) 
The term “food [establishment]” means any place where food is manufactured, packaged, produced, processed, transported, stored, sold, commercially prepared, vended or otherwise handled. The term “food [establishment]” includes any such place regardless of the duration of the permit or whether there is a charge for the food.
(2) 
The term “food [establishment]” does not include private homes where food is prepared or served for guests and individual family consumption.
Food handler
means any person who prepares, serves, packages or handles open food or drink, or who handles clean utensils, pots, pans or single-service items.
Food operations
means manufacturing, packaging, producing, processing, transporting, storing, selling, commercially preparing, or otherwise handling food, ice or drinks, whether offered for sale, given in exchange or given away for use as food or offered for human consumption.
Health department
means the county health department.
Mobile food solicitor
means a mobile food service unit powered either by human beings or a motorized means and does not remain at any location longer than 60 minutes. Examples of this include, but are not limited to, ice cream trucks, ice cream carts, and flavored ice carts.
Mobile food unit
means a vehicle-mounted food service operation designed to be readily movable and remains on the premises only during the operating hours. Examples of this include, but are not limited to, barbecue vendors, roasted corn vendors, fruit and produce vendors, and lunch wagons.
Nonpotentially hazardous food
means all food that is not potentially hazardous food. The following list is exemplary of such food and shall not be construed to be exclusive of any other nonpotentially hazardous food:
(1) 
Popcorn;
(2) 
Shelled, unshelled, raw or roasted nuts; and
(3) 
Pretzels.
Potentially hazardous food
means a food that is natural or synthetic and that requires temperature control because it is in a form capable of supporting the rapid and progressive growth of infectious or toxigenic microorganisms; the growth and toxin production of Clostridium botulism; or, in raw shell eggs, the growth of Salmonella enteritidis.
Produce vendor
means any person vending unprocessed fresh fruits, vegetables or other produce.
Pushcart
means a mobile food unit powered by human beings only.
Seasonal food establishment
means an establishment that operates more than 14 consecutive days but less than 180 days each year, and not associated with a special event, at a fixed location in a temporary building, i.e., snow cone stands, snack bar stands or beverage stands.
Single-service articles
means tableware, carry-out utensils, and other items such as bags, containers, placements, stirrers, straws, toothpicks and wrappers that are designed and constructed for one-time, one-person use.
Temporary food service establishment
means a food establishment that operates at a fixed location for not more than 14 consecutive days in conjunction with a single event or celebration.
Utensil
means any food-contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food, such as kitchenware or tableware that is multi-use, single-service, or single-use, gloves used in contact with food, and food temperature measuring devices.
(1976 Code, sec. 10-31; 1998 Code, sec. 34-31; Ordinance 2010-02-001, sec. 2 (34-31), adopted 2/2/10; 2013 Code, sec. 12-21)
(a) 
Required.
No person shall operate a food establishment without a current, valid food establishment permit issued by the planning department.
(b) 
Transfer; duration.
Permits issued under the provisions of this article are not transferable. A permit shall be valid for the period of time shown on the face of the permit, unless earlier suspended or revoked by the planning department.
(c) 
Filing of application.
The application for a new or a renewed permit shall be made on an application form provided by the planning department.
(d) 
Application information.
The application for a food establishment shall require the following information:
(1) 
Applicant’s name;
(2) 
Type of business organization;
(3) 
The name and address of the owner or principal officer of the business;
(4) 
The nature of the business;
(5) 
The location of the business; and
(6) 
Such other information as the planning department deems necessary.
(e) 
Statement of availability of restroom facilities.
Applicants for permits for mobile food units, seasonal food establishments, pushcart operators, produce vendors, or temporary event establishments which operate from a fixed location shall be required to produce a notarized statement from the primary business owner/operator stating that the use of the restroom facilities will be available during the hours of operation for all employees as well as to customers should the applicants not be able to provide restroom facilities. The statement from the primary business owner/operator needs to include language stating that he understands that should the vending unit be operating during preparation and/or vending without access to a restroom that the premises owner/operator shall be committing an offense.
(f) 
Vending units operating from fixed location.
Applicants for permits for any vending unit which operates from a fixed location shall be required to produce a notarized statement from the primary business owner/operator stating that the applicant has permission to utilize the premises during the vending unit’s operating hours.
(g) 
Change of location.
Should the applicant wish to change locations during the valid permitted time of operation, then the applicant shall re-apply for a new permit with the address of the new location. No permit fee shall be required for newly issued permit with a location change but the new permit shall expire at the same time as the old permit.
(h) 
Proof of compliance with health department requirements.
No permit shall be issued, new or renewal, without the owner or operator of the food establishment providing proof of compliance with current minimum health department requirements as determined by the county health department.
(i) 
Additional application requirements.
A permit shall be denied if an applicant fails to provide a valid vehicle registration, motor vehicle operator’s license, proof of vehicle liability insurance, and a state sales tax permit.
(j) 
Food handler’s certification.
Owner/operators, employees, and food handlers must obtain a food handler’s certification from the health department.
(k) 
Posting of permit.
The owner or operator of a food establishment shall post and maintain the current permit in a conspicuous public place in the establishment for which the permit was issued.
(l) 
Offenses.
A person commits an offense if the person owns, operates or is in control of a food or vending establishment and knowingly:
(1) 
Is operating without a valid food permit;
(2) 
Fails to post and maintain a permit in accordance with subsection (e) [(k)] of this section.
(m) 
Zoning restrictions.
The zoning location of any vending unit which operates from a fixed location shall be allowed in Local Retail (LR), General Business (GB), Light Industrial (LI) or Planned Development (PD) districts only.
(n) 
Background check.
Owner/operators and employees of a mobile food unit, temporary food service establishment, produce vendors and pushcarts shall obtain a criminal background check and be clear of any offenses classified as felonies in the last ten years.
(o) 
Roadside vending prohibited.
No roadside vending shall be allowed within the city limits.
(p) 
Denial, suspension or revocation.
The planning department may deny a permit, or after notice suspend or revoke a permit for failure to comply with the requirements of this article or any state law adopted by this article. Notice of a permit denial shall be served upon the owner or operator of the food establishment either in person or by certified mail, return receipt requested, at the mailing address specified in the permit application.
(1976 Code, sec. 10-32; 1998 Code, sec. 34-32; Ordinance 2010-02-001, sec. 2 (34-32), adopted 2/2/10; 2013 Code, sec. 12-22)
(a) 
When a food establishment is classified as a fixed vending unit then a plot plan or survey of the property depicting the location of all structures currently on the property and the proposed location of the vending unit shall be submitted to the planning department. The plan must show all required setbacks, building lines and distances between all structures, and must depict commercially plumbed restroom facility locations.
(b) 
All fixed vending units shall conform to the structural strength, fire safety, means of egress, light, and ventilation requirements of the currently adopted International Building Code as necessary to ensure the health, safety and general welfare of the general public.
(Ordinance 2010-02-001, sec. 2 (34-33), adopted 2/2/10; 2013 Code, sec. 12-23)
The city council shall adopt a schedule of fees for food establishment permits, including an additional fee for the reissuance of a permit after its expiration.
(Ordinance 2010-02-001, sec. 2 (34-34), adopted 2/2/10; 2013 Code, sec. 12-24)
The following are general requirements for mobile vending units:
(1) 
Mobile barbecue trailer cooking surfaces shall be tightly enclosed and constructed in such a way as to protect all food contact surfaces from possible contamination both in transit and during use.
(2) 
All mobile food units and pushcarts handling open potentially hazardous foods are recommended to operate from a commissary or other fixed food service establishment that is regularly inspected by a regulatory health agency and should service and clean the unit at least once a day.
(3) 
All mobile food units handling open potentially hazardous foods shall be commercially manufactured. This shall not apply to snow cone vendors, prepackaged ice cream, corn roasters, or other foods as determined by the planning department.
(4) 
All mobile food units handling open foods shall have a servicing area which shall have overhead protection, a location for draining and flushing liquid wastes, and a location for the loading and unloading of food and related supplies.
(5) 
All liquid waste containers shall be thoroughly flushed and drained daily. Flushing and draining activities shall not be performed on public streets, on any private or public property, or any area other than a servicing area of a commissary.
(6) 
Liquid waste retention tanks shall have a minimum capacity that is at least 15 percent larger in capacity than the fresh water supply tank.
(7) 
All mobile food units handling open potentially hazardous foods shall provide not less than 15 gallons of hot/cold water under pressure at all times for the use in utensil cleaning, sanitizing and handwashing. A single water inlet shall be located so as not to be contaminated by waste discharge. Such inlet shall be capped at all times except when being filled, and shall contain only potable water. Connections or direct water hookup sources other than those on the vending unit shall not be allowed unless approved by the building official.
(Ordinance 2010-02-001, sec. 2 (34-35), adopted 2/2/10; 2013 Code, sec. 12-25)
The following are general requirements for pushcart vending:
(1) 
Each pushcart vending open food shall have a conveniently accessible supply of paper towels, soap and detergent.
(2) 
Pushcarts shall provide only single-service articles for use by consumers.
(3) 
A cleanable canopy shall extend over the pushcart and cover its top surface.
(4) 
Separate space shall be set aside from areas where food is served or prepared for non-food-related items which are displayed on pushcarts.
(5) 
Each pushcart shall have a stainless steel hand-wash lavatory and a stainless steel sink with a minimum of two compartments when utensil washing is required on the pushcart. Both will have adequate amounts of hot and cold water under pressure. Each pushcart shall also have adequate drainboard space. This subsection does not apply to pushcarts vending only prepackaged food products.
(6) 
Each pushcart employing butane or propane tanks shall comply with any and all applicable fire department regulations and obtain an inspection from the fire marshal. Ground fault interrupters may be required by the fire department as a safety feature to prevent electrical shock. Each pushcart shall be equipped with an approved fire extinguisher with a 2A-10BC rating.
(7) 
Foods must be stored, displayed and served in a flyproof and rodentproof manner. Properly installed sneeze guard shields shall be used during food preparation. Scooped ice cream sellers shall have a running water dipper well.
(8) 
All food and condiments shall be dispensed in a sanitary manner.
(9) 
Pushcart operators shall not cook on or adjacent to a pushcart.
(10) 
Pushcarts which stock and sell potentially hazardous food shall maintain each compartment or area used for storage, display or service of potentially hazardous food shall be maintained at proper temperatures for the food item stored therein [sic]. Hot foods shall be kept at 140 degrees Fahrenheit or above, cold foods shall be kept at 41 degrees Fahrenheit or below, and frozen foods shall be maintained frozen.
(Ordinance 2010-02-001, sec. 2 (34-36), adopted 2/2/10; 2013 Code, sec. 12-26)
The following are general requirements for produce vendors:
(1) 
Fresh fruits, vegetables or other produce displays shall be confined to the bed of a vehicle or to tables that are at least six inches above the ground.
(2) 
Fresh produce shall not be cut or sliced.
(Ordinance 2010-02-001, sec. 2 (34-37), adopted 2/2/10; 2013 Code, sec. 12-27)
The following are general requirements for all vendors:
(1) 
Vendors shall provide a sanitary restroom facility built in the mobile unit or have access to the primary business owner’s commercially plumbed restroom that provides hot and cold running water through a mixing valve or combination faucet and is within 300 feet of the unit and that shall be accessible during the hours of operation for the vending unit.
(2) 
Food and non-food items shall not be sold from the same vending unit.
(3) 
No on-site dining shall be allowed.
(4) 
The owner or operator of a vending unit commits an offense if the unit is operated in violation of any provisions of this section.
(5) 
Solid waste shall be contained in an easily cleanable, self-closing, lidded trash receptacle which shall be kept on or near the food establishment unit at all times. The area around the unit shall be kept clean and free from litter, garbage, and debris in a radius area of 25 feet from the vending unit.
(6) 
All evidence of a vending unit must be removed from the premises each day after operations have ceased.
(7) 
Hours of operation are limited to the hours between 7:00 a.m. to 10:00 p.m. daily.
(8) 
No mobile vending unit may operate within 50 feet from a single-family or multi-family residential use. The term “single-family or multi-family residential use” does not include a residence that is part of a business or a mixed-use structure.
(9) 
All mobile vending units must park on an improved surface.
(10) 
No mobile vending unit may be located on a vacant lot or on a lot if the primary business does not have a valid certificate of occupancy.
(11) 
No mobile vending unit, displays of merchandise, seating or temporary shelters may obscure traffic.
(12) 
No mobile vending unit shall be allowed to sell merchandise or sell or serve food on any public street, sidewalk, or other public right-of-way.
(13) 
All mobile vending units handling or selling potentially hazardous food products must be a commercially manufactured vehicle as defined in this article.
(14) 
No more than one mobile vending unit per individual tract, parcel or platted lot shall be allowed.
(15) 
No off-site signage shall be allowed.
(Ordinance 2010-02-001, sec. 2 (34-38), adopted 2/2/10; 2013 Code, sec. 12-28)