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HomeMy WebLinkAboutOrdinance 15241., ORDINANCE NO. ~~~~' AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, CHAPTER 16, "HEALTH AND SANITATION"; ARTICLE 'IV, SECTION 16-101 AND SECTION 16-131, "FOOD AND FOOD ESTABLISHMENTS GENERALLY", PROVIDING A DEFINITION FOR COMMERCIALLY MANUFACTURED VEHICLE; PROVIDING FOR SANITARY STANDARDS; REQUIRING MOBILE FOOD UNITS HANDLING OPEN POTENTENTIALY HAZARDOUS FOOD TO BE COMMERCIALLY MANUFACTURED; PROVIDING FOR RESTROOM REQUIREMENTS; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A FINE OF UP TO $2,000.00 FOR EACH OFFENSE IN VIOLATION OF THE ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has addressed health concerns relating to mobile food vending operations raised by citizens, WHEREAS, the handling of open potentially hazardous food requires specific health standards to ensure the safety of customers, and WHEREAS, staff has researched the mobile food industry and submits that the following changes will help to maintain health standards, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE MUNICIPALITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION 1 The following term and definition shall be added to Section 16-101 "Definitions" alphabetically 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 manufactunng mobile food vehicles for sale. Commercially manufactured vehicles shall not include any vehicle that is converted or retrofitted to be a mobile food unit or vehicle CR1A20903v4 SECTION 2. Section 16-131 "1Vlobile Food Units" shall be amended and shall now be as follows (a) The mobile food unit permit sticker for a mobile food unit shall be displayed on the upper left rear area of the vehicle m a conspicuous location. If such location is not practicable, the permit shall be located m a location approved by the Director (b) Mobile barbecue trailers -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 Mobile barbecue trailers shall be used in conjunction with an approved and permitted commissary and mobile food unit. (c) Comnussary- All mobile food units (except catering units) and pushcarts handling open potentially hazardous foods shall operate from a commissary or other fixed food service establishments that are regularly inspected by a regulatory health agency All mobile food units handling potentially hazardous food shall report at least once a day to their comrrussary to clean and service the mobile unit. The following are exempt from these requirements catering operations with their own comrrussary, snow cone trailers, corn roasters, and pre-packaged ice cream units. (d) Commercially Manufactured Vehicle- All mobile food units handling open potentially hazardous foods shall be commercially manufactured. This requirement shall not apply to snow cone vendors, pre-packaged ice cream, corn roasters, or other foods as determined by the Director (e) Each mobile unit operator must maintain a log that contains the date of servicing and the signature of the commissary operator This log will be made available to the Director upon request. (f) Each approved commissary must maintain a log that contains the date of servicing for each mobile food unit operator and the signature of the mobile food unit operator after each servicing. This log will be made available to the Director upon request. (g) Servicing area -All mobile food units and pushcarts handling open foods shall have a servicing area which shall have overhead protection, a location(s) for draining and flushing liquid wastes, and a location(s) for the loading and unloading of food and related supplies (h) Servicing area operation CRLA20903v4 2 (1) All liquid waste containers shall be thoroughly flushed and drained daily dunng servicing operations (2) Flushing and draining activities shall be conducted m the servicing area. No flushing or draining of liquid waste shall be permitted on public streets or m any area other than the servicing area. (i) Waste retention. (1) All liquid waste shall be stored in a retention tank that shall have~a minimum capacity of 7 5 gallons or that is at least 15 percent larger in capacity than the fresh water supply tank, whichever is greater (2) Solid waste shall be contained m an easily cleanable, self-closing, lidded trash receptacle which shall be kept on or near the mobile unit at all times The area around the mobile vending unit shall be kept clean and free from litter, garbage, and debris. (j) Water system -All mobile food units handling open potentially hazardous foods shall provide not less than fifteen (15} gallons of hot/cold potable water under pressure at all times for use m utensil cleaning, sanitizing and hand washing. 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 Connection or direct hook-up to water sources other than those on the mobile unit is prohibited unless approved by the Director (k) Temporary events -Mobile food units and caterers may operate at temporary events by possessing a valid mobile food unit permit or by obtaining a temporary food establishment permit and meeting the requirements of a temporary food service establishment as described m this Article (1) All seasonally or annually permitted mobile units that operate at the same location throughout the day shall either (1) provide a sanitary restroom facility built in the mobile unit; or (2) have access to the pnmary business owner's commercially plumbed restroom that is accessible dunng all hours of food preparation and vending, provides hot and cold running water through a mixing valve or combination faucet and is within 300 feet of the unit. CRIA20903v4 3 (m) All mobile units that will operate at the same location throughout operating hours will provide the Director with the address of the operating location. If the operating location changes during the period of the permit, the operator will provide the director with the new operating address seven (7) days prior to moving to the new location. A notarized letter from the pnmary business granting bathroom access must also be provided to the Director (n) The owner or operator of a mobile food unit commits an offense if the mobile food unit is operated m violation of any provision of this section (o) The owner or operator of the pnmary business, as defined by the Director of Development, on which the unit is located commits an offense if the mobile food unit is operated during preparation and vending without access to the restroom as required by this section. SECTION 3 This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provision of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4 It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases 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 ~unsdiction, 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 m this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. GRIA20903v4 c} SECTION 5 Any person, firm or corporation who violates, disobeys, orruts, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000 00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6 All nghts and remedies of the City of Fort Worth, Texas are expressly saved as to any and all violations of the provisions of the ordinances amended and repealed in Section 1, which 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. SECTION 7 The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Section 5 of this ordinance for two (2) days m the official newspaper of the City of Fort Worth, Texas, as authorized by Section 2, Chapter XXV, of the Charter of the City of Fort Worth, Texas and by Section 52.013, Texas Local Government Code. CRIA20903v4 5 SECTION 8 This ordinance shall take effect upon adoption and publication as required bylaw APPROVED AS TO FORM AND LEGALITY /2 ASSISTANT CITY ATTORNEY ~I~~ oa, ADOPTED I EFFECTIVE. ~ o~ 3 ~ ~~- CRL020903v4 City of Fort YT~orth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 9/17/02 **G-13733 12MOBILE 1 of 1 SUBJECT ADOPTION OF AN ORDINANCE AMENDING SECTIONS 16-101 AND 16-131 OF THE HEALTH CODE RELATING TO MOBILE FOOD VENDORS RECOMMENDATION It is recommended that the City Council adopt the attached ordinance amending Sections 16-101 and 16-131 of the Health Code regulating to mobile food vendors DISCUSSION Members of the Public Health Department took part in the recent effort to address citizen concerns with regard to mobile food vending Certain health concerns were identified by City staff, representatives from the neighborhoods, and mobile food vendors throughout several meetings and discussions to response to this dialogue, and because of a need for heightened health standards, City staff proposes the following changes be made to the Health Code • The Health Code will now require that all mobile food units be commercially manufactured This will mean that the unit must be originally manufactured for the preparation of food, manufactured by a person regularly in the business of manufacturing mobile food units for sale, and cannot have been converted or retrofitted to be a mobile food unit. The provisions regulating mobile food vendor operations will now require a trash receptacle to be kept near or on the unit, and the area around the unit is to be kept clean • The Health Code will also require that a primary business owner grant access to its commercially plumbed restroom during all times the vendor is preparing to sell and in actual operations. The primary business owner must provide a notarized statement of the agreement, and may be cited if the restroom is found not to be readily available Commissary logs must now be kept by the mobile food vendor and signed by the commissary representative, and be made readily available upon request. These changes will help to ensure the health and safety of mobile food operations FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material effect on City funds. CB k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Charles Boswell 6183 Originating Department Head: David Yett 7623 (from) APPROVED 9/17/02 ORD #15241 Additional Information Contact: David Yett 7623