From
Cindy Mendez, Environmental Quality Manager
Title
Amendment to the Code of Ordinance, Chapter 13, Article II. Food and Food Establishments
Presenter
James R. Cummings, Environmental Services Director
Recommended Action
Approve
Analysis
The city has not made substantial changes to the way in which food vendors have operated for several years. If the city or school district were to host an event, this ordinance would allow the operators of the stationary food or mobile food units to do so without fees and allows for any future GPISD mobile food unit to operate under a special permit. The changes to this ordinance are made to adopt a fee for a stationary food unit as proposed in Chapter 13, Article XII - Mobile Food Units, to waive fees for both mobile and stationary food units on city or school district property with permission, and to allow for dogs on food establishment patios.
The Finance and Government Committee reviewed this item on June 3, 2014 and the Public Safety, Health, and Environment Committee reviewed this item on June 4, 2014. Both committees recommended this item be forwarded to the City Council for final approval.
Financial Consideration
The fee for stationary food unit permits proposed is $130.00 per year. It is expected that approximately ten permits per year would be issued.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING CHAPTER 13, ARTICLE II, "FOOD AND FOOD ESTABLISHMENTS," SECTION 13-20 "RULES ON FOOD SERVICE SANITATION" AND TO ADD SECTION 13-20 (m) "DOGS ON FOOD ESTABLISHMENT PATIOS" TO THE CODE OF ORDINANCES; MAKING THIS ORDINANCE CUMULATIVE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL
WHEREAS, the City of Grand Prairie and the Grand Prairie Independent School District may desire to operate or allow an operator to operate on his/her property in promotion of a city or school district event; and
WHEREAS, dogs are recognized companions which can safely accompany its owner to an outside patio in a sanitary manner with rules:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1. That Chapter 13, Article II, Section 13-20 (a) is hereby amended to read as follows:
(a) Permits, licenses or certificates generally. No person shall operate a full service or limited use food service establishment, food manufacturing establishment, drinking establishment, food warehouse, or retail food store who does not have a valid permit issued to him by the regulatory authority. Only a person who complies with the requirements of these rules shall be entitled to receive and retain such a permit. Permits are not transferable. A valid permit shall be posted in conspicuous public view in every food establishment. Permits shall not be defaced or altered in any way. Permits shall be valid for a period of one (1) year form the date of issuance. Application and permit fees are nonrefundable and will not be prorated.
(1) The fee for initial issuance of a permit is two hundred dollars ($200.00) for application and the cost listed in 13-20 (a) (2) (A) - (D).
(2) The fee for each annual renewal of the permit shall be:
(A) Full Service - Five hundred dollars ($500.00)
(B) Fast Food - Four hundred dollars ($400.00)
(C) Convenience Store - Three hundred dollars ($300.00)
(D) Other Food Establishments - Two hundred and fifty dollars ($250.00)
Any failure to pay the annual fee shall cause the permit to be automatically revoked.
(3) The fee for change of ownership of a food establishment shall be one hundred and fifty dollars ($150.00).
(4) The fee for replacement of permits shall be twenty-five dollars ($25.00).
(5) The fee for issuance of temporary food service permits shall be fifty dollars ($50.00).
(6) The fee to operate a mobile packaged food unit to vend commercially prepared, prepackaged foods or fresh produce in its natural state shall be:
(A) Hot Truck - Two hundred and fifty dollars ($250.00)
(B) Cold Truck - Two hundred dollars ($200.00)
(C) Ice Cream Truck - One hundred and seventy five dollars ($175.00)
(D) Ice Cream Pushcart - One hundred and thirty dollars ($130.00)
(E) Stationary Food Unit - One hundred and thirty dollars ($130.00)
No permit shall be issued for any food operation conducted from any pushcart, barrow, or wagon.
(7) Itinerant vendor. A vendor operating to sell non-potentially hazardous, state-approved, commercially prepared, prepackaged food or fresh whole produce in its natural state at a flea market or trade fair. The food establishment fee shall be two hundred dollars ($200.00).
(8) Any permit that lapses for nonpayment of the annual permit fee required in this article will be reinstated upon payment of an additional fee of fifty dollars ($50.00) for each thirty-day period in which the permit has been allowed to lapse.
(9) Mobile Food Units and Stationary Food Unit fees for operators strictly on City of Grand Prairie or Grand Prairie Independent School District property, with permission from the property owner, are hereby waived. Mobile and Stationary food units operated by GPISD shall also be waived. A special permit shall be issued.
SECTION 2. That Chapter 13, Article II, Section 13-20 (m) is hereby added to read as follows:
Sec. 13-20 (m) Dogs On Food Establishment Patios.
(1) A food establishment with an outdoor patio under its exclusive ownership or control may allow the presence of dogs on the patio only.
(2) A separate entrance must be provided from the outside of the food establishment to the outdoor patio so that the dog will have direct access to the patio without entering the interior of the food establishment or any playground area of the food establishment.
(3) The outdoor patio must be continuously maintain to be free of visible dog hair, dog dander, and other dog-related waste debris. Waste created from a dog’s bodily functions must be cleaned up immediately after the occurrence. Such waste must be disposed of outside of the food establishment in an appropriate waste receptacle.
(4) Dogs must be kept on a leash, or in a secure bag or container. All dogs must wear a collar or harness with a current rabies tag attached to it.
SECTION 3. That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such shall be deemed a separate, distinct, and independent provision and such holding shall not affect validity of the remaining portions thereof.
SECTION 4. That all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
SECTION 5. All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Grand Prairie, Texas, in the discharge of his duties, shall not thereby render himself personally liable; and he is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of said duties.
SECTION 6. That this ordinance shall be in full force and effect from and after its passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE ON THIS THE 17th DAY OF JUNE, 2014.