From
Cindy Mendez, Environmental Quality Manager
Title
Ordinance amending Chapter 13, Article XII. Mobile Food Vendors
Presenter
James R. Cummings, Environmental Services Director
Recommended Action
Approve
Analysis
The mobile food industry and demand for these types of food units has changed over the years. In the past, mobile food units mainly served construction sites and businesses such as warehouses. Today, mobile and stationary food carts are seen at special events and at a variety businesses open to the public. This ordinance update will allow for self contained carts or trailers to operate at a fixed location throughout the year. In addition, this ordinance change will allow ice cream push carts to also sell pre-packaged snacks.
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 carts will be addressed in Chapter 13, Article II, also on this agenda.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING CHAPTER 13, ARTICLE XII, "MOBILE FOOD VENDORS," SECTION 13-13-236 "DEFINITIONS" AND SECTION 13-248 "PUSHCART ICE CREAM VENDORS" AND ADDING SECTION 13-257 "STATIONARY FOOD UNITS" TO THE CODE OF ORDINANCES; MAKING THIS ORDINANCE CUMULATIVE; CONTAINING A PENALTY CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL
WHEREAS, business owners within the City of Grand Prairie desire to allow stationary food vendors at their locations that meet all Texas Food Establishment Rules; and
WHEREAS, alternate food options have become popular by the public:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1. That Chapter 13, Article XII, Section 13-236 is hereby amended to read as follows:
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 Unified Development Code, lasting no longer than fourteen (14) consecutive days.
SECTION 2. That Chapter 13, Article XII, Section 13-248 is hereby amended to read as follows:
Sec. 13-248. Pushcart ice cream vendors.
(a) No person may vend any ice cream or other frozen dessert product from a pushcart unless he/she has first applied for and received a mobile vending permit as specified in section 13-238 of this article. A permit and the associated fee shall be required for each individual pushcart.
(b) Pushcart units must return to the commissary for daily servicing and cleaning of the unit as prescribed in the rules.
(c) Pushcarts shall be limited to the vending of ice cream, frozen desserts, and non-potentially hazardous food items that are pre-packaged at approved facilities and are single serve only.
(d) No pushcarts shall have any exclusive right to any location on a public sidewalk nor shall any be permitted a stationary location. For the purpose of this article, no vending stop may continue for more than five (5) minutes in any hour. An exemption from this requirement shall be made for any special or city-sponsored event.
(e) No pushcart vendor may participate in a special or city-sponsored event without permission of the sponsoring entity.
(f) No pushcart vendor shall leave any location without first picking up, removing and disposing of all trash or refuse remaining as the result of sales.
(g) Pushcart operators shall not be required to comply with the badge requirements contained in this article.
(h) Pushcart vending is prohibited within any street or highway.
(i) Pushcarts are prohibited from stopping within fifteen (15) feet of the entrance to any permanent food establishment.
(j) Pushcarts shall be prohibited from interfering or blocking the use of sidewalks by pedestrian traffic.
(k) Vending operations may not begin before 9:00 a.m. and shall cease immediately at dusk. Illuminated street lights which are visible in the area shall be prima facie evidence that it is too dark to safely vend. Such time restraints shall not apply to special or city-sponsored events.
(l) Pushcart vendors shall be required to carry and utilize hand sanitizer.
SECTION 3. That Chapter 13, Article XII, Section 13-257 is hereby added to read as follows:
Sec. 13-257. Stationary Food Units
(a) Any person operating a Stationary Food Unit must comply with the following:
(1) The operator must have a current Grand Prairie Food Manager Certificate
and all the employees must have a Grand Prairie Food Handler Card.
(2) The application shall include a signed commissary agreement.
(3) A written permission from the property owner to use property and restrooms must be obtained and submitted with the application.
(4) The unit must be made of stainless steel, anodized aluminum, or fiberglass
reinforced plastic. No wood or any other absorbent materials are allowed.
(5) The unit must be mounted on wheels, non-motorized, and easily movable.
(6) The bottom of the unit must be at least six (6) inches from the ground
(7) The unit must have the following accessories:
a. Internal tank with potable water
b. Internal tank for wastewater
c. A handwashing sink
d. Liquid soap and paper towels
e. Hot holding compartment to maintain hot foods hot
f. Cooling compartment to maintain cold foods cold
(8) Mobile unit must be removed at the end of each day and washed, sanitized, and stored at the commissary.
(9) Unit must operate within 50 feet of an entrance of a primary building that holds a certificate of occupancy.
(10) Mobile vendors may operate only during the normal business hours of the primary business on the property.
(11) Mobile food vendor may not operate from parking spaces, driveways, fire lanes, or public roads.
(12) A drive through is not permitted.
(13) Mobile vendors shall be set back a minimum of 100 feet from main roads or streets.
(14) No bare-hands contact is permitted. Gloves and hair restraint must be worn at all times.
(15) Only single service articles are to be used.
(16) Stem type food thermometers must be available to check for internal food temperatures.
(17) Cutting, slicing, chopping, etc. of fruits or vegetables is not permitted.
(18) If used, ice must be drained into a retention tank to be properly disposed of at the commissary.
(19) Unit must display the business name and permit on both sides in at least
three (3) inch letters.
(b) Stationary Food Units owned and operated by personnel and students from the Grand Prairie Independent School District, as part of the Culinary Arts Program, must be inspected annually in order to obtain a City of Grand permit. There will not be a charge for such permit. The units may operate at any venue within the City of Grand Prairie with written authorization from the site’s landlord.
SECTION 4. 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 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
SECTION 6. 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 7: 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.