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HomeMy WebLinkAboutPO 6831: AN AMENDMENT TO CHAPTER 22, ARTICLE IX, AS IT PETAINS TO TEMPORARY AND MOBILE FOOD UNITS Cit•y of nr1 rtlrur Texas www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: February 10, 2020 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Lacy Brown, Chief Sanitarian Judith A. Smith, RN, BSN, Director of Health Services RE: P.O. No. 6831 - An Amendment To Chapter 22, Article IX, As It Pertains To Temporary And Mobile Food Units. Introduction: The intent of this Agenda Item is to seek the City Council's approval for the City of Port Arthur's Environmental Health Division to amend Chapter 22, Articles IX, of the Code of Ordinances as it pertains to Temporary and Mobile Food Units. Background: The City of Port Arthur desires to adopt by reference the provisions of the current rules as amended by The Executive Commissioner of the Health and Human Services Commission found in 25 Texas Administrative Code, Chapter 228, regarding the regulation of food establishments in this jurisdiction and updating the Temporary Mobile Food Unit Fee Schedule. Budget Impact: The estimated increase in revenue is approximately $10,000.00 Recommendation: It is recommended that City Council approve P.O. No. 6831 which allows the Environmental Health Division of the Port Arthur Health Department to amend Chapter 22, Article IX- Temporary and Mobile Food Units. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 * 409.983.8101 X FAX 409.982.6743 P.O.No. 6831 02/12/2020 js/lb/sv ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 22, ARTICLE IX (TEMPORARY AND MOBILE FOOD UNITS) OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR, REPLACING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE IMMEDIATELY AFTER PUBLICATION WHEREAS, the City of Port Arthur desires to adopt by reference the provisions of the current rules as amended by The-Executive Commissioner of the Health and Human Services Commission found in 25 Texas Administrative Code, Chapter 228, regarding the regulation of food establishments in this jurisdiction.; and WHEREAS, the City Council desires to amend Chapter 22, Article IX, Temporary and Mobile Food Units, in substantially the same form as attached hereto as Exhibit "A"; and WHEREAS, the City Council deems it in the best interest of the citizens of the City to adopt the proposed amendment to Chapter 22, Article IX, Temporary and Mobile Food Units. NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That, the City Council hereby amends Chapter 22, Article IX, Temporary and Mobile Food Units, in substantially the same form as attached hereto as Exhibit"B"; and Section 3. That all ordinances or parts of ordinances in conflict herewith are herein repealed but only to the extent of said conflict. Section 4. That, a copy of the caption of this Ordinance be spread upon the minutes of the City Council. READ, ADOPTED, AND APPROVED, this day of 2020 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following Vote: AYES: Mayor Councilmembers NOES: P.O.No. 6831 02/12/2020 j s/lb/sv Thurman"Bill"Bartie, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: Val Tizeno, City Attorney APPROVED FOR ADMINISTRATION: Judith Smith, Director of Health Services Ron Burton, City Manager P.O.No. 6831 02/12/2020 js/lb/sv Exhibit "A" ARTICLE IX. -TEMPORARY AND MOBILE FOOD UNITS Sec. 22-465. -Temporary food establishments and mobile units—Permits and plans required; exemptions. (a) The City of Port Arthur adopts by reference the provisions of the current rules or rules as amended by The Executive Commissioner of the Health and Human Services Commission found in 25 Texas Administrative Code, Chapter 228, regarding the regulation of food establishments in this jurisdiction. (ba) —It shall be unlawful for any person to sell or offer for sale or distribute, at wholesale or retail, or both, any foods within the corporate limits of the city, whether it be from a mobile food unit or temporary food establishment, without first submitting construction plans and obtaining a permit for the sale thereof in accordance with this article. (cb) Sections 22-465 through 22-468 shall not apply to deliveries of fruits, vegetables, or other articles of produce or food made pursuant to a sale or order procured other than by solicitation or offering for sale along or upon any public street, sidewalk or alley. (d) DEFINITIONS 1. Mobile Food Unit (MFU)--A vehicle mounted, self or otherwise propelled, self- contained food service operation, designed to be readily movable (including, but not limited to catering trucks, trailers, push carts, and roadside vendors) and used to store, prepare, display, serve or sell food. Mobile units must completely retain their mobility at all times. A Mobile Food Unit does not include a stand or a booth. A roadside food vendor is classified as a MFU. a. A restricted mobile food unit that offers only prepackaged food in individual servings; beverages that are not potentially hazardous and are dispensed from covered urns or other protected vessels; and packaged frozen foods. Preparation, assembly or cooking of foods is not allowed. b. An unrestricted mobile food unit that may serve food as allowed in (1), and may cook, prepare and assemble a full menu of food items; An unrestricted unit must be secured and completely enclosed 2. Temporary food service establishment shall mean any food-service establishment that operates at a fixed location for a period of time of not more than 14 consecutive days in conjunction with a single event or celebration. Each physically separated stand or booth shall constitute a temporary food service establishment that requires a separate permit under this article. Provided, however, in any instance in which all operations within a stand or booth are not under the supervision and control of the same person, then a separate permit shall be required for each person who controls any portion of the activities within the stand or booth. For the purpose of this definition, an " event" or " celebration " shall mean a gathering of persons at a festival, bazaar, carnival, circus, public exhibition or sporting event. 3. Commissary shall mean any food establishment where food is prepared and packaged for individual consumption, to be transported by the person preparing the food or his agent to another location off the premises. A commissary that services mobile food units shall be an approved and permitted food establishment at which the mobile food unit is supplied with fresh water, emptied of waste water into a proper waste disposal system, and cleaned, including washing. rinsing. and sanitizing of those food-contact surfaces or items not capable of being immersed in the mobile food unit utensil-washing sink. (Code 1961. § 11-71) Sec. 22-466. - Same—Selling time, location and parking requirements. (a) All mobile units restricted mobile food units selling on a city street shall park only for the duration of time necessary to serve available customers. At no time shall any such unit remain parked in the same block of a city street in excess of ten minutes. (b) A mobile un-it-food unit shall not sell or park within two city blocks of any school on a day such school is in session. (c) All mobile units food units selling - - --- - - - from properly zoned private property must provide written authorization form the property owner and that-the MUST provides adequate space where their customers can park in accordance with the zoning ordinance. Except as provided in subsection (a) above, all selling while being parked on a city street or city right-of-way adjacent to a city street or state highway, or any state right-of-way adjacent to a highway in the city limits, is prohibited. (d) Temporary food establishments shall be located so as to provide an area where their customers can park immediately adjacent to and off city streets in accordance with the zoning ordinances. (e) All mobile unitsfood units, temporary food establishments and patrons of the same shall at all times be subject to all state and city traffic and pedestrian laws. Nothing in this chapter or any section herein shall be construed to supersede any such traffic or pedestrian regulation, including but not limited to prohibitions against blocking private driveways, blocking entrances and exits to parking lots, blocking or obstructing the flow of traffic on city streets, and parking or standing where prohibited. (f) All mobile food units must be stored and parked at their record commissary when they are not in use. jq) All unrestricted mobile food units shall return to the commissary for the performance of all servicing operations within the 24-hour period preceding operations. (1) The operator of an unrestricted mobile food unit shall keep and maintain servicing records on the mobile food unit for a period of one year from the date of servicing. The servicing records must be immediately available to any peace officer or health officer for inspection and copy at the mobile food unit during the mobile food unit's hours of operation. (2) The commissary from which a mobile food unit operates shall issue and maintain servicing records for each mobile food unit in a manner and form prescribed by the health officer. The permit holder, person in charge, employee, or representative of any commissary shall keep and maintain servicing records at the commissary for a period of two years from the date of servicing or until retrieved by the health officer, whichever comes first. Servicing records maintained at the commissary shall be immediately available to any peace officer or health officer for inspection and copying during normal business hours. (Code 1961, § 11-73) Sec. 22-467. -Same—Application for permit, period, fee, issuance. Any person desiring a permit for a temporary food establishment or mobile unit mentioned in section 22-465 shall make application in writing to the director of health, setting forth in such application the purpose for which it is desired to obtain such permit. Permit fees shall be set as follows: Event or Permit DurationAnnual dee Permit Fee $10.00 Application Fee $30.00 per Day for a maximum of 14 days. Temporary food establishment An additional permit $4-0430 will not be issued prior to 30 days after the initial permit has expired.l to 14 consecutive days Restricted Mobile Food Unit $100.001 event to 14 Permit orary--feed events in a 90 day 10.00 establishmentpe-ried Unrestricted Mobil Food Unit $120.0 Permit erar-y-feed events in a 90 day S00 establishment period Any number of events in a 91 day to 1 year 40.08 period 1 to 14 consecutive Mobile- it days Maia4e-tiffit days —20.00 +ie-un# 91 days to 1 year d All fees collected shall be placed in the general fund of the city. No permit shall be issued for more than one (1) year. Blank application forms and permit certificate cards shall be furnished by the city under supervision and direction of the director of health who shall be responsible for the enforcement all applicable Health and Safety rules and regulations applicable within this jurisdiction. of sections 11 71 through 11 75. Each person holding a permit shall cause the permit certificate to be attached to the vehicle and related facilities or posted in the temporary food establishment. All mobile units food units - e - • - - --- :- shall at the time of completing an application fora permit give the health department a list of locations the-lesation where they are goingthey plan to sell _ _ _ - - -• __ - _ _ _ - •- _ _ _ _ .-__ •--• . If a mobile food unit vender-changes location, the ownerhe shall within five (5) days of the change notify the health department of the new location.. --- - ••-• -• - - • --• •-- - - 2-- - . (Code 1961, § 11-74) Sec. 22-468. -Same—Inspection, suspension and revocation of permit. (a) Each mobile food unit and temporary food establishment must be inspected and approved prior to beginning operation. (b) Routine inspections shall be given by the director of health on each mobile food unit or temporary food establishment. (c) Any mobile unit food unit or temporary food establishment that has been issued a notice of health violation and, on a subsequent inspection, has not corrected the violation, shall have its permit suspended, and food service shall cease until the violation is corrected and the permit is re-issued. (d) Any temporary food establishment or mobile unit food unit that sells adulterated food shall have its permit immediately suspended and food service shall cease until such time as the business can sell safe and sanitary food and the permit is re-issued. (e) Any permit holder who is convicted in municipal court of any violation of this provision or is convicted of any violation of the food service sanitation law shall have his or her permit revoked and shall not be issued another permit. (Code 1961, § 11-75) Sec. 22-469-22-509. - Reserved. P.O. No. 6831 02/12/2020 js/Ib/sv Exhibit "B" ARTICLE IX. -TEMPORARY AND MOBILE FOOD UNITS Sec. 22-465. -Temporary food establishments and mobile units—Permits and plans required; exemptions. (a) The City of Port Arthur adopts by reference the provisions of the current rules or rules as amended by The Executive Commissioner of the Health and Human Services Commission found in 25 Texas Administrative Code, Chapter 228, regarding the regulation of food establishments in this jurisdiction. (b) It shall be unlawful for any person to sell or offer for sale or distribute, at wholesale or retail, or both, any foods within the corporate limits of the city, whether it be from a mobile food unit or temporary food establishment, without first submitting construction plans and obtaining a permit for the sale thereof in accordance with this article. (c) Sections 22-465 through 22-468 shall not apply to deliveries of fruits, vegetables, or other articles of produce or food made pursuant to a sale or order procured other than by solicitation or offering for sale along or upon any public street, sidewalk or alley. (d) DEFINITIONS 1. Mobile Food Unit (MFU)--A vehicle mounted, self or otherwise propelled, self- contained food service operation, designed to be readily movable (including, but not limited to catering trucks, trailers, push carts, and roadside vendors) and used to store, prepare, display, serve or sell food. Mobile units must completely retain their mobility at all times. A Mobile Food Unit does not include a stand or a booth. A roadside food vendor is classified as a MFU. a. A restricted mobile food unit that offers only prepackaged food in individual servings; beverages that are not potentially hazardous and are dispensed from covered urns or other protected vessels; and packaged frozen foods. Preparation, assembly or cooking of foods is not allowed. b. An unrestricted mobile food unit that may serve food as allowed in (1), and may cook, prepare and assemble a full menu of food items; An unrestricted unit must be secured and completely enclosed 2. Temporary food service establishment shall mean any food-service establishment that operates at a fixed location for a period of time of not more than 14 consecutive days in conjunction with a single event or celebration. Each physically separated stand or booth shall constitute a temporary food service establishment that requires a separate permit under this article. Provided, however, in any instance in which all operations within a stand or booth are not under the supervision and control of the same person, then a separate permit shall be required for each person who controls any portion of the activities within the stand or booth. For the purpose of this definition, an " event" or " celebration " shall mean a gathering of persons at a festival, bazaar, carnival, circus, public exhibition or sporting event. 3. Commissary shall mean any food establishment where food is prepared and packaged for individual consumption, to be transported by the person preparing the food or his agent to another location off the premises. A commissary that services mobile food units shall be an approved and permitted food establishment at which the mobile food unit is supplied with fresh water, emptied of waste water into a proper waste disposal system, and cleaned, including washing, rinsing, and sanitizing of those food-contact surfaces or items not capable of being immersed in the mobile food unit utensil-washing sink. A residential home shall not be permitted as a commissary. (Code 1961, § 11-71) Sec. 22-466. -Same—Selling time, location and parking requirements. (a) All restricted mobile food units selling on a city street shall park only for the duration of time necessary to serve available customers. At no time shall any such unit remain parked in the same block of a city street in excess of ten minutes. (b) A mobile food unit shall not sell or park within two city blocks of any school on a day such school is in session. (c) All mobile food units selling from properly zoned private property must provide written authorization from the property owner and MUST provide adequate space where their customers can park in accordance with the zoning ordinance. Except as provided in subsection (a) above, all selling while being parked on a city street or city right-of-way adjacent to a city street or state highway, or any state right-of-way adjacent to a highway in the city limits, is prohibited. (d) Temporary food establishments shall be located so as to provide an area where their customers can park immediately adjacent to and off city streets in accordance with the zoning ordinances. (e) All mobile food units, temporary food establishments and patrons of the same shall at all times be subject to all state and city traffic and pedestrian laws. Nothing in this chapter or any section herein shall be construed to supersede any such traffic or pedestrian regulation, including but not limited to prohibitions against blocking private driveways, blocking entrances and exits to parking lots, blocking or obstructing the flow of traffic on city streets, and parking or standing where prohibited. (f) All mobile food units must be stored and parked at their record commissary when they are not in use. (g) All unrestricted mobile food units shall return to the commissary for the performance of all servicing operations within the 24-hour period preceding operations. (1) The operator of an unrestricted mobile food unit shall keep and maintain servicing records on the mobile food unit for a period of one year from the date of servicing. The servicing records must be immediately available to any peace officer or health officer for inspection and copy at the mobile food unit during the mobile food unit's hours of operation. (2) The commissary from which a mobile food unit operates shall issue and maintain servicing records for each mobile food unit in a manner and form prescribed by the health officer. The permit holder, person in charge, employee, or representative of any commissary shall keep and maintain servicing records at the commissary for a period of two years from the date of servicing or until retrieved by the health officer, whichever comes first. Servicing records maintained at the commissary shall be immediately available to any peace officer or health officer for inspection and copying during normal business hours. (Code 1961, § 11-73) Sec. 22-467. -Same—Application for permit, period, fee, issuance. Any person desiring a permit for a temporary food establishment or mobile unit mentioned in section 22-465 shall make application in writing to the director of health, setting forth in such application the purpose for which it is desired to obtain such permit. Permit fees shall be set as follows: Permit Annual Permit Fee $10.00 Application Fee $30.00 per Day for a maximum of 14 days. Temporary food establishment An additional permit will not be issued prior to 30 days after the initial permit has expired. Restricted Mobile Food Unit Permit $100.00 Unrestricted Mobil Food Unit Permit $120.00 All fees collected shall be placed in the general fund of the city. No permit shall be issued for more than one (1) year. Blank application forms and permit certificate cards shall be furnished by the city under supervision and direction of the director of health who shall be responsible for the enforcement all applicable Health and Safety rules and regulations applicable within this jurisdiction. Each person holding a permit shall cause the permit certificate to be attached to the vehicle and related facilities or posted in the temporary food establishment. All mobile food unitsshall at the time of completing an application for a permit give the health department a list of locations where they plan to sell. If a mobile food unit changes location, the owner shall within five (5) days of the change notify the health department of the new location. (Code 1961, § 11-74) Sec. 22-468. -Same—Inspection, suspension and revocation of permit. (a) Each mobile food unit and temporary food establishment must be inspected and approved prior to beginning operation. (b) Routine inspections shall be given by the director of health on each mobile food unit or temporary food establishment. (c) Any mobile food unit or temporary food establishment that has been issued a notice of health violation and, on a subsequent inspection, has not corrected the violation, shall have its permit suspended, and food service shall cease until the violation is corrected and the permit is re-issued. (d) Any temporary food establishment or mobile food unit that sells adulterated food shall have its permit immediately suspended and food service shall cease until such time as the business can sell safe and sanitary food and the permit is re-issued. (e) Any permit holder who is convicted in municipal court of any violation of this provision or is convicted of any violation of the food service sanitation law shall have his or her permit revoked and shall not be issued another permit. (Code 1961, § 11-75) Sec. 22-469-22-509. - Reserved.