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HomeMy WebLinkAboutOrdinance No. 16503 (Item 8.c.)ORDINANCE NO. 16,503 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 42 "HEALTH AND SANITATION," ARTICLE IV "FOOD AND FOOD SERVICE ESTABLISHMENTS," DIVISION 1 "GENERALLY," SECTION 42-153 "MOBILE FOOD ESTABLISHMENTS"; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Chapter 42 "Health and Sanitation," Article IV "Food and Food Service Establishments," Division 1 "Generally," Section 42-153 "Mobile Food Establishments" of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows: CHAPTER 42—HEALTH AND SANITATION ARTICLE IV. — FOOD AND FOOD SERVICE ESTABLISHMENTS DIVISION 1. — GENERALLY Sec. 42-153. — Mobile food establishments. (a) Authority. Mobile food vendors are regulated, inspected and permitted by the Department of State Health Services exclusively. (b) Applicability of other sections. All of the provisions of this article pertaining to food service establishments shall apply to the commissary or other fixed food service establishment from which food supplies are obtained. (c) Commissaries. (1) Permitting of commissaries as food establishments. A commissary servicing any mobile food unit, other than a restricted service mobile food unit 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 commissary shall acquire and maintain a valid food service permit and meet all requirements of this article including, but not limited to: a. Maintenance of proper structures. 1. General. A. Food establishments and all parts of the property used in connection with operations of the establishments shall be kept free of litter and items that are unnecessary to the operation or maintenance of the establishment, such as equipment that is nonfunctional or no longer in use. B. The walking and driving surfaces of all exterior areas of food service establishments shall be surfaced with concrete or asphalt or with gravel or similar material effectively treated to facilitate maintenance and to minimize dust. These surfaces shall be graded to prevent pooling and kept free of litter. C. Equipment and utensils not in current use shall be stored in a clean and sanitary condition or removed from the premises. D. The traffic of unnecessary persons through the food preparation and utensil -washing areas is prohibited. E. Employees and other persons such as delivery and maintenance persons entering the food preparation, food storage, and ware washing areas shall comply with food safety rules. F. Exterior surfaces of buildings and mobile food units shall be of weather - resistant materials and shall comply with applicable laws. G. The physical facilities shall be maintained in good repair. 2. Living areas. No operation of a food service establishment shall be conducted in a private home that does not meet all applicable requirements of this article, or in any room used as living or sleeping quarters. Food service operations shall be completely separated from any living or sleeping quarters by complete partitioning and solid, self -closing doors. Laundryfacilities. A. Laundry facilities in a food service establishment shall be restricted to the washing and drying of linens, cloths, uniforms and aprons necessary to the operation of the food service establishment. If the items are laundered on the premises, an electric, gas, or steam dryer shall be provided and used. B. Separate rooms shall be provided for laundry facilities except that laundry operations may be conducted in storage rooms containing only packaged foods or packaged single -service articles. C. If on -premises laundering is limited to wiping cloths intended to be used moist, or if wiping cloths are air dried in a location and in a manner that prevents contamination of food, equipment, utensils, linens, single -use articles, single -service articles, and wiping cloths, then a mechanical clothes washer and dryer need not be provided. 4. Linens and clothes storage. A. Clean linens shall be stored in a clean place and protected from contamination until used. B. Soiled linens shall be stored in nonabsorbent containers or washable laundry bags until removed for laundering. Cleaning equipment storage. Maintenance and cleaning tools such as brooms, mops, vacuum cleaners and similar equipment shall be maintained and stored in a way that does not contaminate food, utensils, equipment, single -use articles, single - service articles or linens and shall be stored in an orderly manner to facilitate the cleaning of the storage location. After use, mops shall be placed in a position that allows them to air-dry without soiling walls, equipment, or supplies. 6. Prohibiting animals. A. Except as specified in subsection (e)(3)a.6.13., live animals may not be allowed on the premises of a food service establishment. B. Live animals may be allowed in the following situations if the contamination of food, clean equipment, utensils, linens, and unwrapped single -service and single -use articles cannot result: i. Edible fish or decorative fish in aquariums, shell fish or crustacea on ice or under refrigeration, and shellfish and crustacea in display tank systems; ii. Patrol dogs accompanying police or security officers in offices and dining, sales, and storage areas, and sentry dogs running loose in outside fenced areas; iii. In areas that are not used for food preparation and that are usually open for customers, such as dining and sales areas, service animals that are controlled by the individual with a disability, or service animals in training when accompanied by an approved trainer, if a health or safety hazard will not result from the presence or activities of the service animal; iv. Pets in the common dining areas of institutional care facilities such as nursing homes, assisted living facilities, group homes, or residential care facilities at times other than during meals if: [a] Effective partitioning and self -closing doors separate the common dining areas from food storage or food preparation areas; [b] Condiments, equipment, and utensils are stored in enclosed cabinets or removed from the common dining areas when pets are present; and [c] Dining areas including tables, counter tops, and similar surfaces are effectively cleaned before the next meal service; and V. In areas that are not used for food preparation, storage, sales, display, or dining, in which there are caged animals or animals that are similarly confined, such as in a variety store that sells pets or a tourist park that displays animals. C. Live or dead fish bait may be stored if contamination of food, clean equipment, utensils, linens, and unwrapped single -service and single -use articles cannot result. b. Issuance and maintenance of servicing records and maintenance of equipment pursuant to this section; and Compliance with all other applicable rules and operational guidelines as may be promulgated by the regulatory authority. (2) Private residences. Use of a private residence as a commissary is prohibited. (3) Commissary servicing area and operations. An enclosed service building separated from commissary operations shall be provided for supplying and maintaining mobile food units. The servicing area shall be at a location approved by the regulatory authority and constructed and operated in compliance with the requirements of this article. Fixed location mobile food units authorized under this article shall be stored in the servicing area except while in operation for food service and during transport to and from the service building. Servicing operations. Potable water -servicing equipment shall be stored and handled in a way that protects the water and equipment from contamination. 2. The mobile food unit liquid waste retention tank, where used, shall be thoroughly flushed and drained during the servicing operation. All liquid waste shall be discharged to a sanitary sewage disposal system. The flushing and draining area for liquid wastes shall be separate from the area used for loading and unloading of food and related supplies. Vehicle cleaning and in -place cleaning of nonfood -contact surfaces of equipment not requiring sanitization shall be done with potable water and shall be done in a manner that will not contaminate the vehicle's food storage or food preparation areas or equipment. If hoses are used in the cleaning process, they shall be food - grade and kept off the floor or pavement, on racks or by other approved suitable means, and the system shall meet the following requirements: A. General. Plumbing shall be sized, installed, and maintained according to applicable laws. There shall be no cross -connection between the potable water supply and any nonpotable or questionable water supply or any source of pollution through which the potable water supply might become contaminated. B. Nonpotable water system. A nonpotable water system is permitted only for purposes such as air conditioning and fire protection and only if the system is installed according to all applicable laws and the nonpotable water does not contact, directly or indirectly, food, potable water, equipment that contacts food, or utensils. The piping of any nonpotable water system shall be durably identified so that it is readily distinguishable from piping that carries potable water. C. Backflow. An air gap between the water supply inlet and the flood level rim of the plumbing fixture, equipment, or nonfood equipment shall be at least twice the diameter of the water supply inlet and may not be less than 25 mm (1 inch). A backflow or backsiphonage prevention device installed on a water supply system shall meet American Society of Sanitary Engineering (ASSE) standards for construction, installation, maintenance, inspection, and testing for that specific application and type of device. A backflow prevention device shall be located so that it can be serviced and maintained. A hose shall not be attached to a faucet unless a backflow prevent ion device is installed. i. Backflow prevention device, when required. A plumbing system shall be installed to preclude backflow of a solid, liquid, or gas contaminant into the water supply system at each point of use at the food establishment, including on a hose bib if a hose is attached or on a hose bib if a hose is not attached and backflow prevention is required by law by: [a] Providing an air gap as specified in the introductory paragraph of this subsection; or (b] Installing an approved backflow prevention device as specified in the introductory paragraph of this subsection. ii. Backflow prevention device, carbonator. [a] If not provided with an air gap as specified in the introductory paragraph of this subsection, a double check valve with an intermediate vent preceded by a screen of not less than 100 mesh to 25.4 min (100 mesh to one inch) shall be installed upstream from a carbonating device and downstream from any copper in the water supply line. [b] A single or double check valve attached to the carbonator need not be of the vented type if an air gap or vented backflow prevention device has been otherwise provided as specified in the introductory paragraph of this subsection. D. Grease traps. Grease traps shall be located to be easily accessible for cleaning, operation, and maintenance. Grease traps shall be of a type and in a location approved by the regulatory authority and outside the establishment. E. Garbage grinders. If used, garbage grinders shall be installed and maintained according to all applicable laws. F. Drains. Except for existing properly trapped open sinks, there shall be no direct connection between the sewerage system and any drains originating from equipment in which food, portable equipment, or utensils are placed. G. Other liquid wastes and rainwater. Condensate drainage and other nonsewage liquids and rainwater shall be drained from point of discharge to disposal according to law. All cleaning areas shall be paved with a smooth surface of nonabsorbent material such as concrete or machine -laid asphalt, which is sloped to drain toward an approved catch basin or floor drain where the liquid waste can be disposed of in a sanitary sewage disposal system. The use of liquid waste transport vehicles, otherwise known as vacuum trucks, for the removal and disposal of liquid waste resulting from mobile food unit operations is prohibited. Servicing operations may be performed by the commissary operator or by the mobile food unit operator. It shall be the commissary operator's responsibility to observe or perform servicing on each mobile food unit and properly complete a servicing record as prescribed by the regulatory authority. It is the responsibility of the mobile food unit operator to confirm that the requirements of this section are fulfilled prior to resuming operations. (f) Compliance; approval of regulatory authority. The commissary or other fixed food service establishment, used as a base of operation for mobile food establishments, shall be constructed and operated in compliance with the requirements of this article and the regulatory authority. (g) Enforcement. Failure by a commissary to comply with the requirements set forth in this article or rules promulgated by the regulatory authority shall be unlawful and may result in one or more of the following penalties: (1) Immediate cessation of operations; (2) The suspension or revocation of the food dealer's permit for that commissary pursuant to sections 42-185 and 42-186 of this Code; (3) Criminal penalties punishable upon conviction as provided in section 1-14; and (4) The filing of a suit in district court by the city attorney to enjoin a food service establishment from operating without a permit or a permit if a permit or permit is required. Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, 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 by this ordinance. Section 3: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or set of circumstances; and to this end, all provisions of this ordinance are declared to be severable. Section 4: Any person who fails to comply with any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine in an amount of not more than TWO THOUSAND DOLLARS AND NO/100 DOLLARS ($2,000.00). Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisances, injunctive relief, administrative adjudication and revocation of licenses or permits. Section 5: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after passage of this ordinance. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 25" day of June, 2026. , 1 I11 04 ANGELA J APPROVED AS TO FA Attorney , Mayor R:\Ordinances and ResolutionslOrdinance Drafts12026-06-251Chapter 42 Mobile Food Establishments FinalDraft2.MB.docx