HomeMy WebLinkAboutORD 09-006 ORDINANCE NO. 09-006
ENTITLED AN ORDINANCE AMENDING CHAPTER 11,
ARTICLE I, SECTION 11-1.1, OF THE CODE OF
ORDINANCES PROVIDING FOR MOBILE FOOD UNIT
REGULATION; PROVIDING AN EFFECTIVE DATE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL; AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 11, Article I, Section 11-1.1, be and the same is hereby amended to
read as follows:
Sec. 11-1.1. Same--Amendments.
The Texas Department of Health Bureau of Food and Drug Safety, "Texas Food
Establishment Rules," are hereby amended as follows:
Section 229.162 Definitions is hereby amended by adding the following definitions
to read as follows:
Food Sale Permit. A permit issued to a mobile food unit owner allowing operation
of the unit for a maximum of seventy-two (72) hours and limited to two (2) permits per
month.
Central Preparation Facility. A catering establishment, restaurant, or other permitted
place in which food, containers, or supplies are kept, handled, prepared, packaged, or
stored.
Section 229.169, Mobile Food Establishments, Subsection(a)(1)is hereby amended
by adding subparagraphs (A) through (G) to read as follows:
(a) Mobile food establishment provisions.
(1) General. Mobile Food establishments shall comply with the
requirements of these rules except as otherwise provided in this paragraph and in
paragraph (2) of this subsection. The regulatory authority may impose additional
requirements to protect against health hazards related to the conduct of the food
establishment as a mobile operation, may prohibit the sale of some or all potentially
hazardous food, and when no health hazard will result, may waive or modify
requirements of this rule relating to physical facilities, except those requirements as
specified in paragraphs (5) and (6) of this subsection; subsection (b)(1) of this
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section; subsection (c)(1)(A)-(E) of this section and §229.164(k)-(n) of this title
(relating to Food).
(A) Mobile food units are required to purchase a yearly mobile food
permit in order to assure that all compliance requirements are met.
(B) Mobile food units are additionally required to purchase a "Food
Sale Permit"for each use. "Food Sale Permits" are good for a seventy-two
(72) hour period and are limited to two (2)times per month. A second "Food
Sale Permit" cannot be issued within five (5) days from the start date of the
first signed permit.
(C) Mobile food units are required to be easily identified to every
passerby by having the name of the business prominently painted on at least
two sides of the unit, in letters no smaller than 12" in height.
(D) Mobile food units may not occupy the same location for more
than the 72 hour maximum duration of the "Food Sale Permit."
(E) Vehicle registration must be provided with application.
(F) Federal Tax ID Certificate must be provided with application.
(G) Mobile food unitfood choices are required to be limited to those
that can be prepared entirely on the mobile food unit, within compliance of
the Texas Food Establishment Rules adopted by the City of Beaumont,
Texas. Also, all food to be prepared must be on the unit at the time of
inspection accompanied by the receipts.
Section 229.169, Mobile Food Establishments, Subsection (b) is hereby amended
by adding subparagraph (3) to read as follows:
(b) Central preparation facility.
(3) An affidavit from the owner of the central preparation facility must be
provided with the application.
Section 229.169, Mobile Food Establishments, Subsection(c)(1)is hereby amended
by adding subparagraphs (F) through (K) to read as follows:
(c) Servicing area and operations.
(1) Protection.
(F) Mobile food units may erect a tent, or attach a tent-like
awning to the side of their unit, but are not allowed to utilize any
adjacent building as a dining or working area.
(G) Mobile food units are barred from the preparation of any
food that requires extensive rinsing, such as crawfish because their
wastewater tank is limited in size.
(H) Mobile food unit operators are required to dump their
wastewater within 24 hours of the expiration of the 72 hour "Food Sale
Permit." If at anytime the wastewater tank becomes full, the operation
shall be closed to allow for the transport and dumping of the
wastewater at the central preparation facility or commissary.
(1) Mobile food units must be located on a paved surface and
be within 200 feet of a commercial restroom.
(J) An affidavit from the owner of the commercial restroom
granting permission must be provided.
(K) An affidavit showing proof of consent to locate on premises
where the unit will operate must be provided.
Section 2.
This Ordinance shall be effective from and after publication in accordance with the
Charter of the City of Beaumont.
Section 3.
That if any section, subsection, sentence, clause, or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
February, 2009.
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