From
Cindy Mendez, Environmental Quality Manager
Title
Ordinance amending the Code of Ordinances, Chapter 13, Article XII, Section 13-236 "Definitions," and Section 13-243 "Mobile Food Vendors"
Presenter
James R. Cummings, Environmental Services Director
Recommend Action
Approve
Analysis
Currently the "Mobile Food Vendors" Ordinance only allows mobile food vendors to be parked in heavy industrial areas from 7 a.m. to 7 p.m. Changes to this ordinance would allow these vendors on private property in an alternate designated zone on a case per case basis if approved by City Council for extended hours if approved. These changes will allow mobile vendors to park downtown or in other areas should City Council deem it appropriate. The Public Safety, Health, and Environmental Committee reviewed these changes on October 16, 2017.
Financial Consideration
N/A
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE "HEALTH AND SANITATION" CHAPTER OF THE CODE OF ORDINANCES OF THE CITY OF GRAND PRAIRIE, TEXAS BY REVISING REQUIREMENTS IN ARTICLE XII "MOBILE FOOD VENDORS"; MAKING THIS ORDINANCE CUMULATIVE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND TO BECOME EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION
WHEREAS, the City Council is empowered to establish regulations for the protection of public health, and; THE CITY COUNCIL IS EMPOWERED TO ESTABLISH REGULATIONS FOR THE PROTECTION OF PUBLIC HEALTH; AND
WHEREAS, the City Council is authorized to set requirements for the operation of mobile food vendors in the city;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1. That Chapter XIII, Article XII. “Mobile Food Vendors”, Section 13-236 of the official code of the City of Grand Prairie, Texas is hereby amended to read as follows, with deleted sections indicated in strikethrough text, and added sections indicated in bold, underlined test.
Article II. Sec. 13-236. Definitions.
The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them:
Approved source. Any facility where food is prepared handled or stored which complies with all laws relating to food and food labeling.
Commissary. A base of operation or any other place in which food containers or supplies are kept, handled, prepared, packaged or stored and permitted or licensed according to law by an authorized public health regulatory agency from which a mobile vendor shall report at least daily for all food supplies, cleaning and servicing operations.
Food. Any raw, cooked, or processed edible substance, ice, beverage or ingredient used of intended for use or for sale, in whole or in part, for human consumption.
Food establishment. Any place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term does not include private homes where food is prepared or served for individual family consumption.
Mobile vendor, merchant, or peddler. Any person not having a fixed place of business in a permanent building in the city which is either owned by such vendor, or under lease to such vendor for a period of not less than one hundred eighty (180) days, or any vendor who conducts a business from any pushcart, truck, trailer, manufactured housing, van or other type of structure or vehicle capable of being transported on the streets or highways of the city.
Packaged. Bottled, canned, cartoned, or securely wrapped and labeled.
Person. Any individual, partnership, association, corporation, corporation, firm, club, trustee, receiver, and body politic and corporate.
Potentially hazardous food. Any food that consists of, in whole or in part, milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms.
Pushcart. A non-motorized vehicle propelled by a human or other non-motorized force.
Regulatory authority. Any municipal officer or department of the city appointed by the city manager to administer this article.
Sanitary facilities. Toilet or restroom facilities which discharge the sewage effluent and wastewater into an approved holding tank, on-site sewage disposal system, or municipal sanitary system.
Solicitor. Any person who requests any orders for goods or services for profit or any person who makes requests for money, goods or services on behalf of any religious, veterans’, charitable or fraternal organization.
Stationary Food Unit. A self-contained cart or trailer mounted on wheels designed to be readily movable. The unit remains in a fixed position during food preparation and its hours of operation at the same location throughout the year.
Special event. A temporary event or activity, as defined in the City's United Development Code, lasting no longer than fourteen (14) consecutive days. Chapter 7.5 of the City's Code of Ordinances.
SECTION 2. That Chapter XIII, Article XII “Mobile Food Vendors”, Section 13-243(d) of the official code of the City of Grand Prairie, Texas is hereby amended to read as follows, with deleted sections indicated in strikethrough text, and added sections indicated in bold, underlined test.
Sec. 13-243. Use of streets.
(d) As an exception to 13-243(a) above, a mobile hot trucks shall be allowed to establish a stationary location on private property upon compliance with the following:
(1) Written permission is obtained from the private property owner for the establishment of the stationary location and this permission authorizes utilization of the on-site restroom facilities for the employees of the mobile hot truck. This permission shall be submitted to the Regulatory Authority prior to initiation of such activity.
(2) A The mobile hot truck shall only be allowed on the premises from 7:00 a.m. until 7:00 p.m.or, if the private property is a business, during the business’s regular hours of operation.
(3) The mobile hot truck shall be required to return to a commissary for daily cleaning and maintenance as required by this article.
(4) Only one (1) mobile hot truck shall be allowed to operate at a stationary location at any one time.
(4) This exception shall only apply to property zoned as heavy industrial as designated by the city’s planning and development Department. This exception may also apply to private property located in any other zoning district if authorized by City Council on a case-by-case basis.
SECTION 3. Severability.
If any article, section, sub-section, sentence or phrase of this Ordinance should be held to be invalid for any reason whatsoever, such invalidity shall not affect the remaining portions of this Ordinance which shall remain in full force and effect and to this end the provisions of this Ordinance are declared to be severable.
SECTION 4. Cumulative Clause.
All ordinances or parts of ordinances not consistent or conflicting with the provisions of this Ordinance are hereby repealed. Provided that such repeal shall be only to the extent of such inconsistency and in all other respects this Ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered in this Ordinance.
SECTION 5. Penalty Clause
Any person, firm, association of persons, company, corporation, or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined in an amount not to exceed two thousand dollars ($2,000.00), and each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative or other remedies provided by state law, and the power of injunction as provided in V.T.C.A. Local Government Code Section 54.016 and as may be amended, may be exercised in enforcing this article whether or not there has been a complaint filed.
SECTION 6. Effective Date
This ordinance shall be in full force and effect from and after its passage and publication as provided by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, ON this the 7th Day of NOVEMBER, 2017.