§ 13-245. Potentially hazardous food—Sale from motorized units.

(a)

It shall be unlawful for any itinerant vendor, merchant or peddler to peddle, solicit, sell, offer for sale, or exhibit for sale any fresh, frozen or processed potentially hazardous food from any motorized food unit within the city without first having applied for and received a mobile vending permit from the city as prescribed in section 13-238 of the Code.

(b)

The requirements for receipt of a mobile vending permit under this section shall be as follows:

(1)

Vendors must supply an itinerary of all vending stops to the regulatory authority on or before the first workday of each month;

(2)

Mechanical refrigeration must be available in the mobile unit and capable of maintaining the appropriate product temperatures, as adopted in section 13-20, rules on food service sanitation, or the Code of Ordinances. Mechanical refrigeration units must be designed to NSF standards for commercial food service equipment and maintained in proper working condition at all times when food is aboard. Ice, if used as a cooling medium, must be continuously drained and discharged into the waste retention tank;

(3)

A numerically scaled, metal stem, product thermometer must be available;

(4)

Hot and cold potable water under pressure must be provided with a minimum capacity of fifteen (15) gallons required;

(5)

All connections on the mobile unit for servicing of wastewater shall be of a different size and type than those used for supplying potable water, and all waste connections shall be lower on the mobile unit than connections to potable water;

(6)

A three-compartment sink for utensil washing, rinsing and sanitizing must be provided;

(7)

A handwashing lavatory with hot and cold water under pressure must be available in the vending unit, and hand soap and single-use towels must be provided at all times;

(8)

Waste-retention tanks with a fifteen (15) per cent greater capacity than potable water capacity must be provided, and all wastewater must be properly disposed of in a sanitary sewer;

(9)

Scales for weighing products, if provided, must bear the current seal of the Texas Department of Agriculture verifying the accuracy of the scales;

(10)

The vending unit must be constructed in a manner which prevents flies, dust and vermin from entering the facility, and all screens must be a minimum of 16-mesh per inch;

(11)

All interior surfaces must be easily cleanable, nonporous, durable and smooth; and all walls and ceilings must be light in color;

(12)

The name of the vending operation must appear in two-inch block letters on the sides of the mobile vending unit; and

(13)

Motorized units must return to the commissary for daily servicing and cleaning of the unit as prescribed in the rules.

(c)

The following procedures shall be observed by any motorized unit operator when operating, preparing to operate, or procuring such motorized unit:

(1)

All foods must be in sound condition, from an approved source, free from spoilage, filth or other contamination and safe for human consumption;

(2)

Both the state department of parks and wildlife and the city's permits must be conspicuously displayed on the motorized unit;

(3)

Written permission of the property owner must be secured if vending from the property of an individual other than the applicant or owner, and such document must be available upon request;

(4)

Convenient restroom facilities must be accessible during all periods of operation, and, if nonpublic facilities are utilized, written permission must be secured and maintained;

(5)

Due to the mobile nature of such operations, labels detailing the name, address and telephone number of the owner must be provided on food containers; and

(6)

The applicant must comply with all other rules and regulations of the city which in any way relate to impact upon the sale of potentially hazardous food from a motorized unit.

(Ord. No. 9120-2010, § 2, 11-2-10)