The city adopts, by reference, the provisions of the current rules or rules as amended by the executive commissioner of the Health and Human Services Commission found in title 25 of the State Administrative Code, chapter 228, as amended, regarding the regulation of food establishments within the city. The requirements found in this article shall be in addition to the rules found in the State Administrative Code, as amended. If there is a conflict between any of the provisions found in this article and title 25 of the State Administrative Code, chapter 228, as amended, the rules found in the State Administrative Code shall control.
(Ordinance 10-0905, sec. 1(A), adopted –/–/10; Ordinance adopting Code; Ordinance 20220414-01 adopted 4/14/2022)
Authorized agent or employee.
The employees of the regulatory authority.
Food establishment.
A food service establishment, a retail food store, a temporary food establishment, a mobile food unit, and/or a roadside food vendor.
Food truck.
See mobile food unit.
Mobile food unit.
A vehicle-mounted, self-contained food service operation designed to be readily movable, typically constructed in a truck or trailer and used to store, prepare, display or sell food. The term "food truck" may be used interchangeably, with the same meaning.
Mobile food vendor.
Any person who sells food products or takes food product orders and sells food out of a mobile food unit on premises where there is no related business building.
Regulatory authority.
The city.
State rules.
The state rules found in title 25 of the State Administrative Code, chapter 228, as amended. These rules are also known as the State Food Establishment Rules.
(Ordinance 10-0905, sec. 1(B), adopted –/–/10; Ordinance adopting Code; Ordinance 20220414-01 adopted 4/14/2022)
(a) 
A person may not operate a mobile food unit within the city until a specific use permit is obtained from the board of aldermen as outlined in section 9.02.204 of this code.
(b) 
A person may not operate a food establishment within the city without a permit issued by the regulatory authority. Permits are not transferrable from one person to another or from one location to another location, except as otherwise permitted by this article. A valid permit must be posted in or on every food establishment regulated by this article. A food establishment vendor must pay the permit fee established by the city's fee schedule, appendix A of this code, at the time an inspection of a mobile food unit is requested.
(c) 
A food establishment operated solely by a nonprofit organization is exempt from the permitting requirements of this article, but is not exempt from compliance with state rules. The regulatory authority may require any information necessary to determine whether an organization is nonprofit for purposes of this exemption.
(d) 
To obtain a permit for a food establishment, the premises must have a current inspection by the city's health inspector to ensure compliance with this article. A food establishment vendor must pay the inspection fee established by the city's fee schedule, appendix A of this code, at the time an inspection of a mobile food unit is requested.
(1) 
It shall be unlawful for a person to operate a food establishment in the city without a valid inspection. An inspection shall be valid for a time period between six (6) and twelve (12) months from the date of inspection, depending upon the permit sought by the applicant. Regular inspections occur within the city every six (6) months.
(2) 
Notwithstanding the inspection requirements of this article, a food establishment operating within the city may be inspected at any time by the city health inspector to ensure compliance with this article and the State Food Establishment Rules.
(Ordinance 10-0905, sec. 2, adopted –/–/10; Ordinance 20220414-01 adopted 4/14/2022)
(a) 
Any person desiring to operate a food establishment must make a written application for a permit on forms provided by the regulatory authority. The application must contain the name and address of each applicant, the location and type of the proposed food establishment and the applicable fee. An incomplete application will not be accepted. Failure to provide all required information, or falsifying information required may result in denial or revocation of the permit. Renewals of permits are required on an annual basis and the same information is required for a renewal permit as for an initial permit.
(b) 
Prior to the approval of an initial permit or the renewal of an existing permit, the regulatory authority shall inspect the proposed food establishment to determine compliance with state laws and rules. A food establishment that does not comply with state laws and rules will be denied a permit or the renewal of a permit.
(c) 
The fees shall be as established in the fee schedule in appendix A of this code.
(Ordinance 10-0905, sec. 3, adopted –/–/10; Ordinance adopting Code)
(a) 
Whenever a food establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a food establishment, properly prepared plans and specifications for such construction, remodeling or conversion shall be submitted to the regulatory authority for review before work is begun. Extensive remodeling means that 20% or greater of the area of the food establishment is to be remodeled. The plans and specifications shall indicate the proposed layout, equipment arrangement, mechanical plans and construction of materials of work areas, and the type and model of proposed fixed equipment and facilities. The plans and specifications will be approved by the regulatory authority if they meet the requirements of the rules adopted by this article. The approved plans and specifications must be followed in construction, remodeling or conversion.
(b) 
Failure to follow the approved plans and specifications will result in a permit denial, suspension, or revocation.
(Ordinance 10-0905, sec. 4, adopted –/–/10)
(a) 
The regulatory authority may, without warning, notice, or hearing, suspend any permit to operate a food establishment if the operation of the food establishment constitutes an imminent hazard to public health. Suspension is effective upon service of the notice required by subsection (b) of this section. When a permit is suspended, food operations shall immediately cease. Whenever a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing within 20 days of receipt of a request for a hearing.
(b) 
Whenever a permit is suspended, the holder of the permit or the person in charge shall be notified in writing that the permit is, upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the regulatory authority by the holder of the permit within ten days. If no written request for hearing is filed within ten days, the suspension is sustained. The regulatory authority may end the suspension at any time if reasons for suspension no longer exist.
(Ordinance 10-0905, sec. 5, adopted –/–/10)
(a) 
The regulatory authority may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the regulatory authority in the performance of its duties. Prior to revocation, the regulatory authority shall notify the holder of the permit or the person in charge, in writing, of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of the ten days following service of such notice unless a written request for a hearing is filed with the regulatory authority by the holder of the permit within such ten-day period.
(b) 
If no request for hearing is filed within the ten-day period, the revocation of the permit becomes final.
(Ordinance 10-0905, sec. 6, adopted –/–/10)
(a) 
A notice as required in these rules is properly served when it is delivered to the holder of the permit or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit. A copy of the notice shall be filed in the records of the regulatory authority.
(b) 
The hearings provided for in these rules shall be conducted by the regulatory authority at a time and place designated by it. Based upon the recorded evidence of such hearing, the regulatory authority shall make final findings, and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit by the regulatory authority.
(Ordinance 10-0905, sec. 7, adopted –/–/10)
(a) 
General.
Except as provided within, mobile food units shall be subject to the regulations of this article 7.02, including the adoption of the State Food Establishment Rules and the city's permitting and administrative processes. A violation of the State Food Establishment Rules, as amended, constitutes a violation of this article.
(b) 
Application and review process.
(1) 
Any person desiring to engage in, transact or conduct the business or occupation of a mobile food unit vending within the city shall apply for a mobile food unit permit with the city clerk's office. Upon receipt of a completed application, the city clerk shall obtain approval of said application from the board of aldermen. Upon payment of the mobile food unit permit fee and approval as set forth above, the city clerk shall deliver to such mobile food unit a permit which shall show the issuance and expiration date, name of mobile food unit and description of the mobile food unit. The mobile food unit permit shall be valid for one year from the date of issuance.
(2) 
The application for a mobile food unit shall include:
(A) 
Name and address of the mobile food unit owner(s) and vendor(s);
(B) 
A list of foods and beverages to be served on the unit, stating the source of the item and when and where it will be prepared;
(C) 
Plans showing the equipment layout and the arrangement and construction material of the inside of the unit, including food preparation, storage, and window service areas;
(D) 
Written permission from any property owner who owns property on which the mobile food unit will be parked, regardless of the time period associated with parking the mobile food unit on said property;
(E) 
A current health inspection as described in section 7.02.003(d);
(F) 
Proof of vehicle insurance with company name and policy number;
(G) 
A copy of the applicant's business liability insurance;
(H) 
State sales tax permit;
(I) 
Current certified food manager certificate;
(J) 
Current state health/food inspection permit;
(K) 
Proof of compliance with this article, including all vehicle, parking, and location requirements;
(L) 
Payment of fees as established in the fee schedule in appendix A of this code; and
(M) 
Any other information reasonably required by the city to enforce this article.
(3) 
The city may revoke an approved application granted under this article if a mobile food vendor provides false information on an application or commits repeated violations of applicable laws or the requirements of this article.
(c) 
Food source and food production.
(1) 
Certified food manager:
A certified food manager must be present at the mobile food unit at all times during operation, additionally all food service employees shall be food handler certified through the appropriate agency.
(2) 
A mobile food vendor may not offer food or food products for sale while driving or traveling on a public right-of-way in the city.
(3) 
All food sold on the unit must be either prepared on the unit or at an approved, permitted food establishment. Food may not be prepared at home; food offered for sale must comply with labeling laws where applicable; food shall be in sound condition, free of spoilage, filth, or any other contamination and shall be safe for human consumption.
(4) 
Only ice that has been made from potable (drinking) water shall be used or offered for sale. Ice intended for human consumption shall be used to cool foods, food containers, or food utensils. Ice used for cooling stored foods and food containers shall not be used for human consumption.
(5) 
Food, whether raw or prepared, if removed from the original package or container, shall be stored in a clean, covered, impervious and nonabsorbent container, except during periods of preparation or service. Solid cuts of meat shall be protected by being covered during storage.
(6) 
Containers of food shall be stored at least six (6) inches above the floor in a manner that protects food from splash and contamination and permits easy cleaning of the floor.
(7) 
No food can be stored in restrooms or vestibules.
(8) 
No food, including packaged foods, shall be stored in contact with water or undrained ice. Wrapped sandwiches shall not be stored in direct contact with ice.
(9) 
Conveniently located refrigeration facilities or effectively insulated facilities shall be provided to assure that potentially hazardous foods are maintained at 41 degrees Fahrenheit or below.
(10) 
Potentially hazardous food requiring refrigeration after preparation shall be rapidly cooled to internal temperatures of 41 degrees Fahrenheit or below. Potentially hazardous foods shall not be prepared in quantities so large that rapid cooling will not be possible.
(11) 
Stored frozen foods shall be kept frozen.
(12) 
The internal hot holding temperature of potentially hazardous food shall be 135 degrees Fahrenheit or above except during necessary periods of preparation. Each hot storage unit must have an accurate thermometer available.
(13) 
A product (stem type) thermometer is needed to check internal temperatures of potentially hazardous foods.
(14) 
Utensils: Only single-serve (plastic or paper) utensils, tableware, plates, salt/pepper, condiments, etc., shall be used.
(15) 
Insect and rodent control: All mobile food units shall be constructed in such a manner as to prevent the entrance of flies, dust, dirt, or other foreign matter. Mobile food units must be equipped with tightfitting solid or screened doors or windows.
(16) 
Cleaning and sanitization of equipment; hand lavatory:
(A) 
A two-compartment sink with hot and cold running water under pressure is required; however, a three-compartment sink is recommended.
(B) 
A hand lavatory or hand sanitizer station must be accessible and convenient.
(17) 
Fresh water and wastewater systems:
(A) 
All mobile food units must have potable (drinking) water and the storage of potable water must be according to law.
(B) 
All mobile food units must have not and cold running water under pressure. Hot water at a temperature of at least 100 degrees Fahrenheit shall be provided to all fixtures at all times while the unit is in operation.
(C) 
Fresh water must be provided in a self-contained system within the mobile food unit. Water may not be supplied to the mobile unit by running hoses from an establishment to the unit.
(D) 
The water inlet shall be capped when not being used to fill a water tank.
(E) 
Wastewater shall be stored in a permanently installed retention tank that is sized at least 15% larger in capacity than the water supply tank and is sloped to drain. The drain pipe must be at least 25 millimeters (1 inch) in inner diameter or greater land equipped with a shutoff valve.
(F) 
Wastewater must be disposed of by a sewage transport vehicle, and under no circumstances shall wastewater be disposed in the municipal wastewater system.
(18) 
Trash receptacles:
Mobile food vendors who prepare food on their mobile food unit shall provide one or more trash receptacles for disposal of waste from customers, and shall provide for the disposal of such waste.
(d) 
Vehicle, parking, and location requirements.
(1) 
Mobile food units are permitted with a valid specific use permit in the commercial zoning districts only.
(2) 
Mobile food units may only be located on vacant lots.
(3) 
Mobile food units shall not be located on city property or within the right-of-way unless the operator obtains and possesses permission from the board of aldermen.
(4) 
Mobile food units shall not be allowed to operate on any public street, sidewalk, public park, or public right-of-way unless approved in writing by the city.
(5) 
Mobile food units shall not occupy or operate in driveways or fire lanes.
(6) 
Mobile food units shall provide the city with a copy of a site plan depicting the location of the mobile unit on the property.
(7) 
Mobile food units shall be readily identifiable by business name, printed in bold letters not less than three (3) inches in height, not less than 1 1/2 inches in width, permanently affixed, and prominently displayed upon at least two (2) sides of the unit.
(8) 
Mobile food units shall be maintained in a manner that is in compliance with all State motor vehicle laws and regulations.
(9) 
Mobile food units shall be readily movable (capable of moving immediately upon the request of the code enforcement officer).
(10) 
Mobile food units shall not be permanently parked in one location.
(11) 
Mobile food units, their merchandise, advertising, or seating may not obscure traffic sight visibility.
(12) 
Mobile food units seating shall not exceed 4 tables and must be on an improved hard surface defined as concrete, asphalt, or gravel.
(13) 
Mobile food units shall be removed from the parcel daily and may not be parked longer than twelve (12) hours.
(14) 
A mobile food unit owned by the property owner on which the unit operates must remove the unit if not in use for 30 days or more.
(15) 
Any nonpermitted food truck/trailer shall be removed from public view immediately.
(16) 
The noise level of mechanical equipment or outside sound equipment used in association with a mobile food unit may not exceed seventy (70) decibels when measured at the property line that is across the street from or abutting a residential use.
(17) 
Mobile food units are limited to signs attached to the exterior of the mobile unit. The signs:
(A) 
Must be secured and mounted flat against the mobile unit;
(B) 
May not project more than six (6) inches from the exterior of the mobile unit;
(C) 
May not use a flashing light source; and
(D) 
May not use an LED message board.
(18) 
Drive-in service is not permitted.
(19) 
Exterior lighting must be hooded or shielded so that the light source is not directly visibly to a residential use.
(20) 
Mobile food units shall not impede required parking for another use.
(21) 
Based on the proposed location(s) of a mobile food unit, the board of aldermen may require additional parking for the establishment, in accordance with the city's code.
(22) 
All mobile food units operating within the city shall comply with all applicable state and federal laws, including the State Food Establishment Rules. A violation of an applicable state or federal law shall constitute a violation of this article.
(e) 
Mobile food units that only sell prepackaged goods and operate on public streets.
In addition to the requirements of this article, mobile food units that only sell prepackaged goods and operate from public streets must receive expressed permission from the board of aldermen to operate from public streets and such mobile food units shall not remain parked in one location for longer than three (3) hours.
(Ordinance 10-0905, sec. 8, adopted –/–/10; Ordinance adopting Code; Ordinance 20220414-01 adopted 4/14/2022)
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be fined no more than two thousand dollars ($2,000.00) for all violations involving zoning, fire safety or public health and sanitation, including dumping of refuse, and shall be fined not more than five hundred dollars ($500.00) for all other violations of this article. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ordinance 20220414-01 adopted 4/14/2022)