HomeMy WebLinkAboutOrdinance 22242-05-2016 ORDINANCE NO.22242-0.5 20116_
AN ORDINANCE AMENDING CHAPTER 20 "LICENSES AND
MISCELLANEOUS BUSINESS REGULATIONS", ARTICLE IV
"VENDORS", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS
(2015), AS AMENDED, BY REPEALING DIVISION 2 "PUSHCARTS"
SECTIONS 20-161 THROUGH 2O-181, INCLUSIVE, IN THEIR
ENTIRETY; BY AMENDING CHAPTER 16 "HEALTH AND
SANITATION", ARTICLE IV "FOOD ESTABLISHMENTS", DIVISION 4
"REQUIREMENTS FOR CERTAIN ESTABLISHMENTS", BY
REPEALING SECTION 16-132 "REQUIREMENTS FOR PUSHCARTS"
IN ITS ENTIRETY; BY AMENDING CHAPTER 16 "HEALTH AND
SANITATION", ARTICLE IV "FOOD ESTABLISHMENTS", DIVISION 1
"GENERAL PROVISIONS", SECTION 101 "DEFINITIONS" TO ADD AND
AMEND CERTAIN DEFINITIONS; BY ADDING A NEW DIVISION 7
"PUSHCARTS", SUBDIVISION I"GENERAL REQUIREMENTS FOR ALL
PUSHCARTS", SECTIONS 16-171 THROUGH 16-182, SUBDIVISION II
"REQUIREMENTS FOR PUSHCARTS THAT OPERATE ELSEWHERE
THAN IN THE DOWNTOWN AREA", SECTIONS 16-183 THROUGH 16-
185, AND SUBDIVISION III "SPECIAL REQUIREMENTS FOR
DOWNTOWN AREA PUSHCARTS", SECTIONS 16-186 THROUGH 16-
189, TO UPDATE, CLARIFY, AND PRESCRIBE THE REQUIREMENTS
FOR PUSHCARTS WITHIN A SINGLE DIVISION, AND PROVIDING
FOR A REDUCED FEE FOR FRUIT AND VEGETABLE PUSHCARTS;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL PRIOR ORDINANCES AND REPEAL CONFLICTING
ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A PENALTY
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER OF THE CITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Fort Worth ("City Council") seeks to promote
public health within the City through implementation of the Blue Zones Initiative; and
WHEREAS,the Blue Zones Initiative has determined that fresh fruits and vegetables are not
easily available in some parts of the city where the scarcity of grocery stores that sell a wide
variety of fresh fruits and vegetables has resulted in nutritional "food deserts"; and
WHEREAS, the Blue Zones Initiative has determined that the health benefits of fresh fruits
and vegetables are made available to citizens in other locales through distribution from
pushcarts, and that this model should be encouraged in Fort Worth; and
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WHEREAS, the City Council seeks to promote public health by implementing food safety
regulations consistent with the Texas Food Establishment Rules and organized in a format that is
accessible; that the City Code currently has pushcart regulations scattered across two Chapters of
the Code, which are difficult to understand, and that clarification and consolidation of the
requirements for pushcarts in a single Division of the Code will promote understanding and
compliance; and
WHEREAS,the City Council finds that it serves the public interest to have a reduced fee for
a food establishment permit for fruit and vegetable pushcarts to promote these small business
enterprises and to promote the availability of fruits and vegetables throughout the city; and
WHEREAS, the City Council finds this ordinance to be reasonable and necessary to achieve
the goals of promoting the availability of fresh fruits and vegetables throughout the city,
promoting food safety, and making the requirements for pushcarts more understandable;
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS,THAT:
SECTION 1.
Chapter 20 "Licenses and Miscellaneous Business Regulations", Article IV "Vendors",
Division 2 "Pushcarts", Sections 20-161 through 20481, inclusive, of the Code of the City of
Fort Worth(2015), as amended, are hereby repealed and shall appear as reserved.
SECTION 2.
Chapter 16 "Health and Sanitation", Article IV "Food Establishments", Division 4
"Requirements for Certain Establishments", Section 16-132 "Requirements for Pushcarts", of the
Code of the City of Fort Worth, Texas (2015) as amended, is hereby repealed in its entirety shall
appear as reserved.
SECTION 3.
Chapter 16 "Health and Sanitation", Article IV "Food Establishments", Division 1 "General
Provisions", Section 101 "Definitions" is hereby amended to add or amend the following
definitions:
Abandoned Slot. A slot for which the user has failed to meet the requirements for minimum
operating hours under § 16-185(c)(11).
Attention-Getting Devices. Any mechanical or electronic sound producing device or lighting
device employed to attract patrons to any pushcart.
Available Slot. One of the permissible slots available for use.
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City Manager. The City Manager for the City of Fort Worth or his or her designated
representative.
Commissary. A fixed food service establishment permitted and regularly inspected by a
regulatory health agency.
Department. The Code Compliance Department of the City of Fort Worth.
Director. The director of the Fort Worth Code Compliance Department or his or her designee.
Downtown Area. The area lying within the boundaries of the Fort Worth Improvement District
No. 1 as established by the findings of the Fort Worth city council in Res. 3756-06-2009 or by
future resolution adopted in accordance with state law.
Fruit and Vegetable Pushcart. Pushcarts with at least 75% of the inventory of the cart
consisting of whole fruits and vegetables, with the remainder consisting of nonpotentially
hazardous packaged foods
Person. Any individual, group of individuals, firm or corporation.
Potentially Hazardous Food. Potentially hazardous food (PHF) means a food that requires time
and temperature control for safety (TCS) to limit pathogen growth or toxin production, or as
otherwise defined in the current version of the Texas Food Establishment Rules.
Public Property.
(1) Any building, grounds or place:
a. Owned by the city, a unit of county, state or federal government or any other political
subdivision of the State of Texas; or
b. Used or occupied by or/on behalf of the city, a unit of county, state or federal
government, or any other political subdivision of the State of Texas.
(2) The term Public Property includes, but is not limited to, parks, sidewalks and
government buildings.
Pushcart. A mobile food unit powered by human beings only. A pushcart may have a bicycle-
type propulsion system, so long as there is no motorized component. It shall not include a fixed
or mobile unit solely intended for use as a mobile bar, accessory drink stand, or part of a service
area or buffet line, if it is part of or an extension of a fixed food or beverage facility operating
under a food service establishment permit and it is located on the permitted premises.
Regulatory Health Agency. A government entity having responsibility for enforcing public
health laws and regulations in the jurisdiction where a food establishment is located. In the City
of Fort Worth, this term includes the Code Compliance Department.
Servicing Area. A designated area provided for the supplying, cleaning or servicing of pushcarts
or mobile units.
Slot. A designated general location, as approved by the city council, for the placement of a
pushcart in the downtown area. Only the city council may create or alter slot designations in the
downtown area.
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Texas Food Establishment Rules. The current food establishment rules promulgated by the
Texas Department of Health Services, abbreviated as the TFER_
SECTION 4.
Chapter 16 "Health and Sanitation", Article IV "Food Establishments", of the Code of the City
of Fort Worth, Texas (2015) as amended, is hereby amended by adding a new Division 7
"Pushcarts", Subdivision I "General Requirements for All Pushcarts", Sections 16-171 through 16-
182, Subdivision II "Requirements for Pushcarts that Operate Elsewhere that in the Downtown
Area", Sections 16-183 through 16-185, and Subdivision III"Special Requirements for Downtown
Area Pushcarts", Sections 16-186 through 16-189 which are hereby enacted in their entirety, to be
and read as follows:
DIVISION 7: PUSHCARTS
SUBDIVISION I. GENERAL REQUIREMENTS FOR ALL PUSHCARTS
§ 16-171 GENERALLY.
All pushcarts operating within the corporate city limits of the City of Fort Worth shall
comply with the applicable requirements of this Division. The regulatory health agency may
impose additional requirements to protect against health hazards related to the pushcart
operation, may prohibit the sale of some or all potentially hazardous food, and when no health
hazard will result, may waive or modify requirements of this division relating to physical
facilities or operations. Nonfood items shall not be sold from pushcarts selling food.
§ 16-172 PERMIT REQUIREMENTS FOR ALL PUSHCARTS
(a) The owner or operator of any pushcart vending food within the corporate city limits of
the City of Fort Worth shall obtain a valid food establishment permit, except that pushcarts from
which only whole, raw, uncut produce or individually packaged, nonpotentially hazardous foods
are vended is not a food establishment and does not require a food establishment permit,
however, the owner or operator must comply with the other applicable provisions of this Article.
(b) All food establishment pushcarts and their commissaries shall be inspected by the
regulatory health agency prior to the issuance of a permit.
(c) Acceptance of a pushcart permit is an express acknowledgment and consent to the terms
and restrictions of the permit.
(d) To fulfill the important public purpose of ensuring that nutritious foods are available to
all people in the city, if a food establishment permit is otherwise required for a fruit and
vegetable pushcart (such as one offering cut produce) a reduced fee of 50% off the regular food
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establishment permit fee in accordance with the city fee schedule shall be charged if at least 75%
of the inventory of the cart consists of fruits and vegetables, with the remainder consisting of
nonpotentially hazardous packaged foods.
§ 16-173 PUSHCART SANITATION REQUIREMENTS
All pushcarts shall comply with the following requirements:
(a) Configuration
(1) Pushcarts shall be constructed of a smooth and cleanable material and be constructed
in a manner in which cleaning can be easily accomplished. A cleanable canopy shall extend over
the pushcart and cover the top surface of the pushcart if unpackaged foods are offered.
(2) Separate space shall be set aside from areas where food is served or prepared, for
nonfood related items which are displayed on pushcarts.
(3) A pushcart body shall not exceed four(4) feet in height, three (3) feet in width, or six
(6) feet in length.
(b) Operation
(1) All food and condiments shall be dispensed in a sanitary manner.
(2) 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. Hot
foods shall be kept at 135°F or above; cold foods shall be kept at 41°F or below and frozen foods
shall be kept frozen. Unbreakable thermometers shall be located conspicuously in each of the
above applicable areas. Canned or bottled beverages where no ice is provided to the purchaser,
commercially packaged nonpotentially hazardous single portion snack items, and commercially
wrapped candy are exempt from this requirement.
(3) Food shall be stored, displayed and served in a fly- and rodent-proof manner.
Unpackaged foods shall be protected by a properly installed sneeze guard shield.
(4) Bulk food items shall be properly labeled and dispensed through sanitary devices or
utensils.
(5) Pushcart operators and their staff shall not cook on or adjacent to a pushcart unless
such activity is in conjunction with another facility permitted and inspected by the regulatory
health agency.
(c) Sink Requirements
(1) A pushcart that sells only packaged food that does not require the use of utensils and
carts selling only whole, raw fruit or produce, will not be required to have a ware wash sink or a
hand washing sink.
(2) A pushcart that sells open foods that do not require the use of utensils, such as a cart
that sells roasted corn, will not be required to have a ware wash sink but will be required to have
a hand washing sink.
(3) A pushcart that sells open foods that require utensils such as a hot dog cart, will be
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required to have a ware washing sink and a hand washing sink.
(4) Scooped ice cream sellers shall have a running water dipper well.
(5) A pushcart shall have a supply of paper towels, soap and detergent which shall be
conveniently accessible if sinks are provided.
(6) Each pushcart having sinks shall have an adequate amount of hot and cold water
under pressure to operate all sinks.
(7) Each pushcart having sinks shall also have adequate drain board space.
(d) Fire safety
(1) Each pushcart employing butane or propane tanks shall comply with any and all
applicable fire department regulations. 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 l OBC rating.
(2) Pushcarts using flammable substances, including, but not limited to, liquefied
petroleum gas shall not be permitted inside of buildings.
(e) Trash container
All pushcarts shall have a trash container, such as a trash bag or bin, available to
customers for the disposal of food wrappers and other waste. The trash container may be
attached to the pushcart or standalone within 10 feet of the pushcart.
(f) Generally
(1) A determination of applicability or a variance with regard to the provisions of this
division, and which does not unduly impact public health, may be granted by the director upon
request.
(2) In addition to these requirements, a person owning or operating a pushcart shall
comply with any applicable provisions of the Texas Food Establishment Rules.
§ 16-174 ATTENTION-GETTING DEVICES.
(a) No mechanical or electronic sound producing device shall be employed by a pushcart.
(b) Hawking and solicitation are strictly forbidden.
(c) Lights of sufficient illumination for vendors to operate during nighttime or darkness
shall be permissible in addition to safety reflectors and lights required by traffic ordinances.
Lights shall not be used as attention getting devices.
(d) No text shall be displayed on pushcart canopies.
§ 16-175 SINGLE SERVICE ARTICLES.
Pushcarts shall provide only single service articles for use to the consumers.
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§ 16-176 COMMISSARY.
(a) All pushcarts shall operate from an authorized storage facility, commissary or other fixed
food service establishment permitted and regularly inspected by a regulatory health agency.
(b) The commissary or base of operations shall be constructed and operated in compliance
with the requirements of the Texas Food Establishment Rules and regulations of pertinent
regulatory agencies.
§ 16-177 SERVICING AREA.
(a) All pushcarts shall have a servicing area which shall have a location(s) for draining and
flushing liquid wastes and location(s) for loading and unloading of food and related supplies.
(b) The surface of the service area shall be constructed of a smooth nonabsorbent material
graded to drain, and shall be kept in good repair.
§ 16-178 SERVICING OPERATION.
(a) Potable water servicing equipment shall be installed and maintained in a manner that
protects the water and equipment from contamination.
(b) Pushcart liquid waste containers shall be thoroughly flushed and drained during
servicing operations.
(c) Flushing and draining activities shall be conducted in the required servicing areas. No
flushing or draining of liquid waste shall be permitted on public streets or in any area other than
the required servicing area.
§ 16-179 WATER SYSTEM.
All pushcarts requiring sinks shall provide not less than five gallons of water under pressure
at all times for use in utensil cleaning, sterilization and hand-washing. One 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. Connection or direct hookup to
water sources other than those on the pushcart shall be approved by the regulatory health agency.
§ 16-180 WASTE RETENTION.
(a) All liquid waste shall be stored in a retention tank-that shall have a minimum capacity of
seven and five-tenths gallons or that is at least 15% larger in capacity than the fresh water supply
tank, whichever is greater. Liquid waste shall only be discharged into a sanitary sewer disposal
system. Waste connections shall be located lower than the water inlet connection in a manner to
preclude contamination of the potable water system.
(b) Solid waste generated by permittees and employees shall be contained in an easily
cleanable, self-closing, lidded trash receptacle. All pushcarts that remain stationary for longer
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than one hour shall provide and have available for the public, a fly-proof, lidded trash container
for the disposal of refuse. Such trash container may be either on the pushcart or located
conveniently nearby.
§ 16-181 ENFORCEMENT.
(a) The owner or operator of a pushcart unit commits an offense if the pushcart is operated
in violation of any provision of this division. An offense as defined under this division is a
misdemeanor punishable by a fine not to exceed $2,000. Each separate occurrence of a violation
or each day that a violation continues shall constitute a separate offense. If an offense defined
under this division does not include a culpable mental state, then one is not needed and the
offense shall be one of strict liability.
(b) The city's Code Compliance Department shall have the authority to enforce any and all
provisions of this division.
(c) It shall be within the power and discretion of the Code Compliance Department to
suspend or revoke any permit issued hereunder for continued or repeated violation or infraction
of any provision of this division or any rule, direction or regulation of the Code Compliance
Department
§ 16-182 APPEAL.
Any person or entity aggrieved by a finding, determination, notice or action taken under the
provisions of the division, other than for an offense or violation, may file an appeal in writing
with the city manager or that individual's authorized representative. An appeal must be filed
within five days after receipt of notice of any protested decision or action by filing with the
office of the city manager a letter of appeal briefly stating therein the basis for such appeal. A
hearing shall be held on a date no more than 15 days after receipt of the letter of appeal unless
extended by mutual agreement of the parties. Appellant shall be given at least five days' notice
of the time and place of the hearing. The city manager or authorized representative shall give the
appellant, and any other affected party, a reasonable opportunity to be heard, in order to show
cause why the determination of the regulatory health agency should not be upheld. In all such
cases the burden of proof shall be upon the appellant to show that there was no substantial
evidence to support the action taken by the regulatory health agency. The city manager or
authorized representative shall make his or her determination and shall notify the appellant in
writing of his or her determination. The decision of the city manager or authorized representative
shall be final.
SUBDIVISION II. REQUIREMENTS FOR PUSHCARTS THAT OPERATE
ELSEWHERE THAN IN THE DOWNTOWN AREA
§ 16-183 PUSHCART SPECIFICATIONS
(a) With the exception in (b) below, a pushcart body shall not exceed four (4) feet in height,
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three (3) feet in width, or six (6) feet in length.
(b) A pushcart for selling frozen ice cream and popsicles in a residential zone shall not
exceed these pushcart body dimensions: two (2) feet in height, two (2) feet in width and three (3)
feet in length. It may have one attached nonabsorbent container that does not exceed 16 gallons
in size, if maintained in good condition and clean,to display and store additional approved foods.
(c) Pushcarts operating outside the downtown area which are on commercial or industrial
private property, within 20 feet of the public entrance or exit to an operating commercial or
industrial business, and not within 100 feet of the public right-of-way may also have the
following allowed accessories which shall be limited to
(1) coolers;
(2) attached counters;
(3) canopies;
(4)up to two (2) stools for use by employees; and
(5)trash cans for use by pushcart operators and customers.
Allowed accessories must be kept in close proximity to the pushcart body.
(d) When placed for operation, the pushcart body, allowed attachments and allowed
accessories shall be limited to a total combined area not to exceed ten feet in height, six feet in
width, or ten feet in length.
§ 16-184 PUSHCART LOCATIONS,HOURS,AND PRODUCTS.
(a) Pushcarts which operate in residentially zoned areas shall be governed by the following
requirements:
(1) Pushcarts shall operate only between the hours of 7:00 AM through sunset and shall
operate from and on sidewalk areas, except as otherwise provided in this division.
(2) Products sold from pushcarts shall be limited to fresh produce, packaged non-
potentially hazardous foods, packaged fiozen ice cream and popsicles. All foods other than
produce shall be labeled according to the requirements of the Texas Food Establishment Rules.
(3) A pushcart may have attached one nonabsorbent container that does not exceed 16
gallons in size to display and store approved foods as long as size does not exceed dimensions
in 16-183(a).
(4)No pushcart may be located on a vacant lot. However, a pushcart may be permitted to
operate on a vacant lot in a nonresidential district with written permission from the property
owner and the Director. In a residential area or district, a pushcart shall not be permitted to
operate on a residentially used lot or vacant lot, but shall be permitted to operate on a lot with an
existing nonresidential use such as a church or school with permission from the property owner
and the Director.
(b) Pushcarts may operate from commercially or industrially zoned private property, not in
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the public right-of-way, and which is located outside of the downtown area with the advance
approval of the owner or duly authorized representative of said property. Pushcarts shall not,
however, be permitted on private property in the downtown area.
(c) No sale or offering to sell shall be made from any pushcart of any edible or potable
substance on any property which is used or zoned for residential purposes, or within 500 feet of
any school property, nor on any municipal recreation facility, except as specifically provided
herein or with the written approval of the Director based upon special circumstances. No sale
or offering to sell shall be made from any pushcart within a City park, except that sales may be
made from the sidewalks on the perimeter of City parks.
(d) During special events,pushcarts that are in accordance with the special event permit may
operate during the prescribed location and hours of the special event, notwithstanding any
provision of this section to the contrary.
(e) On lots or properties where pushcarts are allowed under this section, no more than one
pushcart shall be permitted at one time. Schools, however, shall not be subject to this limitation
so long as the school has provided permission to the pushcart operators.
§ 16-185 FLOWER PUSHCARTS.
(a) Flower pushcarts. Pushcarts which stock and sell flowers shall be governed by the
following requirements.
(1) A cleanable canopy shall extend over the cart and cover the top surface of the cart.
(2) Food and/or beverages shall not be sold from carts selling flowers nor shall flowers
be sold from carts selling food and/or beverages.
(3) Flower carts shall have a holding facility to retain water or fluids used to keep
flowers fresh.
(4) Flower carts shall be subject to the same operation, permitting, spacing and location
requirements as other pushcarts, except that flower carts shall be exempt from those provisions
with reference to equipment and facilities which by their very nature have no application.
SUBDIVISION III. SPECIAL REQUIREMENTS FOR DOWNTOWN AREA
PUSHCARTS
§ 16-186 PERMITS.
(a) Generally. It shall be unlawful to sell, offer for sale, vend, operate, maintain or serve any
item from a pushcart in the downtown area without a valid slot permit and a food establishment
permit issued in accordance with this division. This slot permit shall be required in addition to
any other license, permit or certification that may be required by law, including, but not limited
to, food handler certification required under Chapter 16 of this code.
(1) Application for a slot permit shall be made in written form to the director.
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(2) Slot permits for pushcarts shall only be available under the terms of this division. No
encroachment agreement shall be granted for any pushcart unless such pushcart complies with all
applicable requirements of this division and Chapter 16 in addition to requirements relating to
encroachment.
(3) All pushcarts and required attendant facilities shall be inspected by the regulatory
health agency prior to the issuance of a vending permit.
(4) In the interest of public health and safety, all slot permits shall be issued for a
specific location. Vendors shall locate in compliance with the noted location so that the
regulatory health agency may conduct inspections in compliance with city ordinances and
investigate reports of unsanitary conditions or food borne illnesses.
(5) Acceptance of a vending permit is an express acknowledgment and consent to the
terms and restrictions set by the regulatory health agency. The use of a permit is a privilege, not a
right, subject to reasonable restrictions as set out herein or as may be promulgated by the
regulatory health agency.
(6) As an express condition of the acceptance of a slot permit hereunder for an available
slot on public property in the downtown area, recipient agrees to police for trash and debris, an
area within a 25-foot radius of the pushcart location.
(7) In connection with issuing a slot permit, the director shall, following consultation
with the director of the parks and community services department, assign an exact location
within the designated slot and shall indicate such location on the slot permit documentation. The
director may periodically adjust the exact location within the council-designated slot to allow for
construction or other changed circumstances; any such adjustment shall be documented in
writing and attached as an addendum to the slot permit documentation.
(b) Insurance and indemnification.
(1) No permit shall be issued to an applicant vending on public property in the
downtown area unless verification of insurance is confirmed by a representative from the risk
management division of finance. The applicant shall have filed with the city's risk manager a
certificate showing that the applicant has secured and agrees to keep in force during the term of
the permit a policy providing for bodily injury and property damage in the amounts as follow:
Property damage, per $100,000
accident
Personal injury or death, per $100,000
person
Personal injury or death, per $300,000
accident
Product liability $300,000
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Such insurance policy shall provide that it cannot be cancelled or amended without at least 30
days' notice in writing to the director and the city's risk manager.
(2) As an express condition of the acceptance of such permit, the permit holder thereby
agrees to indemnify and save harmless the city, its officers, agents, servants and employees
against any loss or liability or damage, including expenses and costs for bodily or personal
injury, and for property damage sustained by any person as a result of the operation, use or
maintenance of a pushcart, within the City of Fort Worth.
(3) As a further condition, permit holder by acceptance of the permit expressly agrees to
indemnify and hold harmless and defend the city, its officers, agents, servants and employees,
from and against any and all claims or suits for personal injury, including death, of whatsoever
kind or character, whether real or asserted, arising out of or in connection with the consumption
of food products sold on any public property herein described.
(c) Pushcart standards on public property in downtown area. Any pushcart which rests in
whole or in part upon any public property in the downtown area shall comply with all of the
following standards.
(1) Pushcart must be commercially manufactured. For purposes of this section,
COMMERCL4LLYMANUFACTURED means a pushcart that was originally manufactured for
use as a non-self-propelled mobile food vending vehicle by a person regularly in the business of
manufacturing food preparation vehicles for sale and does not include any vehicle that is
converted or retrofitted as a non-self-propelled mobile food vending vehicle.
(2) Pushcart body shall not exceed four feet in height, three feet in width or six feet in
length, exclusive of allowed attachments and allowed accessories.
(3) Allowed attachments shall be limited to coolers and counters.
(4) To provide a uniform appearance, allowed attachments must be constructed of or
surrounded by the same type of material as the pushcart body.
(5) Allowed attachments must fold out from or be clipped on to the pushcart body.
Allowed attachments must be readily removable or retractable so as not to cause pushcart body
to exceed the size limitations of subsection (c)(2) above.
(6) Allowed accessories shall be limited to:
i. Canopies;
ii. Umbrellas;
iii. Up to two stools for use by employees; and
iv. A trash can for use by pushcart customers.
(7) Allowed accessories must be kept inclose proximity to the pushcart body.
(8) When placed for operation, the pushcart body, allowed attachments and allowed
accessories shall be limited to a total combined area not to exceed ten feet in height, six feet in
width, or ten feet in length.
(9) [Reserved.]
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(10) No pushcart shall be used to display information other than a valid permit, list of
items served, the prices thereof and the name of the vendor, all of which must be contained on
the body of the pushcart. No pushcart, allowed attachment or allowed accessory shall be used to
display or depict artwork or advertising materials of any kind, including, but not limited to, the
name, logo or mascot of any product or service.
(11) During the months of March through October, pushcarts must be open to the public
for a minimum of two hours per day on at least eight days of each month,provided however, that
the director may reduce or waive this requirement due to inclement weather, demonstrated
viability issues related to a particular slot or other extenuating circumstance.
(12) Each vendor operating in a slot in the downtown area shall maintain an operations
log in a form prescribed by the director to show the days and times on which the vendor operated
and/or document the specific reason that a vendor was unable to operate on a particular date. The
operations log shall be made available to the code compliance department on request. Failure to
maintain or produce an operations log shall give rise to a presumption that the permittee has
failed to comply with the minimum operating hours requirement and that the slot has been.
abandoned.
(d) Number of slot permits. The number of slot permits available for vending on public
property in the downtown area shall be determined by the city council after receiving comments
and recommendations by the city manager, the director and the director of parks and community
services. Only the city council may create or alter slot designations in the downtown area.
(e) Permit conditions, limitations and restrictions. Permits on public property in the
downtown area shall be subject to the following conditions, limitations and restrictions.
(1) Slot permits shall be issued for a period not to exceed 24 months.
(2) On or about February 1 of every odd numbered year, all slots in the downtown area
shall be put out for bid by the city. Slots shall be awarded to the highest bidder that is in
compliance with all requirements of this subsection(e).
(3) If a slot becomes available outside of the typical bid cycle, it shall be put out for bid
by the city for the remainder of the unexpired term and awarded to the highest bidder that is in
compliance with all requirements of this subsection(e).
(4) No slot shall be awarded and no slot permit shall be issued unless the permit
applicant can demonstrate that: He or she has a pushcart available for dedicated and exclusive
use in that slot; and that such pushcart complies with all of the requirements of this division,
including but not limited to, size and construction requirements outlined in subsection (c) of this
section.
(5) No more than two permits to operate pushcarts on public property in the downtown
area shall be issued to an individual, a single business entity or to two or more affiliated entities.
For purposes of this provision AFFILIATED ENTITIES shall include:
i. Individuals related within the third degree by consanguinity or within the second
degree by affinity as defined by Tex. Government Code Chapter 573;
ii. Business entities with at least 10% common ownership; and
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iii. An individual and a business entity that the individual controls or in which the
individual has at least a 2% ownership interest.
(f) Slot permits nontransferable.
(1) Use of a slot as approved by city council on public property in the downtown area is
a privilege, not a property right. Such a designated slot shall not be transferable; it shall be
available only to the person designated by slot permit.
(2) It shall be unlawful to attempt to sell, lease or otherwise transfer the use of such a
designated slot from the original permittee to any other person natural or unnatural. Such action
shall result in automatic revocation of the permits of the parties involved, and those parties shall
be banned from operating within the city limits for one year from the date of revocation. Such
revocation shall not preclude any other legal action.
§ 16-187 DOWNTOWN AREA HOURS OF OPERATION AND LOCATIONS.
(a) No sale or offering to sell shall be made from any downtown pushcart at any time
between 9:00 p.m. and 7:00 a.m.
(b) During special events, pushcarts with special event permits may operate during the
prescribed hours of the special event.
(c) It shall be permissible for pushcarts to operate within the following designated areas:
(1) Designated slots on public property in the downtown area in accordance with the
terms of a valid slot permit issued by the director;
(2) At temporary special events with a special event permit.
§ 16-188 SLOT PERMIT FEES.
(a) After inspection and approval by the code compliance department of each pushcart, each
pushcart shall be assessed a slot permit fee in the amount of the permittee's bid under § 16-
185(e).
(b) Permits shall be issued in accordance with the application procedures and upon payment
of the permit fees per pushcart in the amount established by city council.
§ 16-189 REVOCATION OF SLOT PERMIT.
(a) The director may revoke a slot permit issued under this division if the holder or an
employee:
(1) Has abandoned the assigned slot;
(2) Fails to comply with any requirement of this division;
(3) Violates or fails to comply with any provision of city code or other applicable law;
(4) Is discovered to have provided false or inaccurate information on or in connection
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with the original permit application; or
(5) Is discovered to have provided false or inaccurate information on or in connection
with the operations log or any other documentation required under this division.
(b) The director shall notify the permittee in writing of the revocation.
(c) The revocation of a slot permit may be appealed in accordance with the process outlined
in § 16-182.
SECTION 5.
This ordinance shall be cumulative of all provisions of ordinances of the Code of the City of
Fort Worth, Texas (2015), as amended, except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances and such Code,in which event conflicting provisions
of such ordinances and such Code are hereby repealed.
SECTION 6.
It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences,
paragraphs and sections of this ordinance are severable, and, if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same
would have been enacted by the City Council without the incorporation in this ordinance of any
such unconstitutional phrase, clause, sentence,paragraph or section.
SECTION 7.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and
all violations of the provisions of the Code of the City of Fort Worth, or any other ordinances of
the City, that have accrued at the time of the effective date of this ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such ordinances, same shall not be affected by this ordinance, but may be prosecuted
until final disposition by the courts.
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SECTION 8.
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 ordinance shall be
fined an amount not exceeding two thousand dollars ($2,000.00) for each offense. Each day that
a violation exists shall constitute a separate offense.
SECTION 9.
The City Secretary of the City of Fort Worth, Texas is hereby directed to publish the
caption, penalty clause and effective date of this ordinance for two (2) days in the official
newspaper of the City of Fort Worth, Texas, as authorized by Texas Local Government Code,
Section 52.013.
SECTION 10.
All other provisions of the Code of the City of Fort Worth (2015) as amended, shall remain
in full force and effect, save and except as amended by this ordinance.
SECTION 11.
This ordinance shall take effect upon adoption and publication as required by law, and it is so
ordained.
APPROVED AS TO FORM AND LEGALITY: ATTEST:
Arthur N. Bashor ry J. Kayser
Assistant City Attorney City Secretary
ADOPTED: May 24, 2016
EFFECTIVE: �
xjjo-
Ordinance No.22242-05-2016
Page 16 of 16
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/24/2016 - Ordinance No. 22242-05-016
DATE: Tuesday, May 24, 2016 REFERENCE NO.: G-18746
LOG NAME: 23RESIDENTIAL PUSHCART
SUBJECT:
Amend Chapter 20 "Licenses and Miscellaneous Business Regulations" by Repealing Article IV"Vendors",
Division 2 "Pushcarts"; Amend Chapter 16 "Health and Sanitation", Article IV "Food Establishments", to
Add and Amend Certain Definitions in Division I "General Provisions", Section 101 "Definitions"; to Delete
Existing Section 132 "Pushcarts" in its Entirety, to Add a New Division 7 "Pushcarts"to Update, Clarify and
Prescribe the Requirements for Pushcarts Within a Single Chapter, Article and Division and Providing for
Reduced Fees for Fruit and Vegetable Vendors (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 16, Articles I and
IV which govern food establishments, to: (1) revise definitions, (2) combine all pushcart regulations into
single division, (3) clearly define the regulations for operating pushcarts throughout the city, (4) exempt
health permit requirements per Texas law for whole Fruit and Vegetable Pushcarts and Fresh Market
Mobile Vendors and (5) repeal Chapter 20, Division 2.
DISCUSSION:
On January 28, 2014 the City Council adopted a resolution supporting the Blue Zones Project as a means
to improve the community's well-being and economic vitality. In accordance with that resolution Staff has
been participating in Fort Worth's pursuit of Blue Zones Community designation by working with the Blue
Zones Food Policy group to improve access to nutritious food as well as help food entrepreneurs to have
a clear understanding of the City's pushcart ordinance.
Although the distribution/sale of fresh whole produce is currently allowed in the City, there are restrictions
to its distribution and sale in residential zoning districts. Details regarding the zoning changes were
provided in IR-9837 on 1/26/2016. The amendments would repeal those restrictions and support the Blue
Zones initiative to bring fresh produce to residents in underserved areas of the City where accessibility to
fresh produce is scarce (food deserts).
A survey of Texas benchmark cities revealed that San Antonio, Houston and Austin allow the sale of fresh
produce in residential zoning districts. Furthermore, the survey revealed that if fresh produce is sold
whole from pushcarts or vehicles, vendors would not be required to obtain a health permit. This initiative is
consistent with new state rules on food establishments. If approved by City Council, the requirement for a
health permit for selling whole, fresh produce would be repealed, although size restrictions, which are
similar to other pushcarts already allowed (6 feet x 3 feet x 4 feet), location of sales, as well as, the hours
of operation would still be governed by the City code and the zoning ordinance.
Parallel but unrelated to the Blue Zones considerations, Staff is also proposing amendments to update the
residential pushcart ordinance - after evaluating stakeholder input. These amendments reflect current
best practices in other Texas cities and update requirements that were established in 1985. Also known
as ice cream pushcarts, these units are allowed to sell packaged ice cream in residential zoning districts
Logname: 23RESIDENTIAL PUSHCART Page I of 2
between 7:00 a.m. and sunset. The proposed amendments would allow the sale of prepackaged shelf-
stable food snacks and allow the vendors to operate on the perimeter sidewalk of City parks.
No amendments to the downtown pushcart provisions are being proposed.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that there will be minimal material effect of less than $2,000.00 annually.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year (Chartfield 2)
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Brandon Bennett (6345)
Elmer DePaula (7251)
Additional Information Contact: Ben Carson (6336)
Logname: 23RESIDENTIAL PUSHCART Page 2 of 2