Ordinance No. 13,028ORDINANCE NO. 13,028
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 42-131 "DEFINITIONS," AND
SECTION 42-153 "MOBILE FOOD ESTABLISHMENTS" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO INCLUDE DEFINITIONS OF
"DEPARTMENT," "MOBILE FOOD UNIT," AND "RESTRICTED
OPERATIONS MOBILE FOOD UNIT" TO REVISE THE DEFINITION OF
"TFER" AND TO ENACT REGULATIONS RELATED TO THE
OPERATIONS OF MOBILE FOOD UNITS WITHIN THE CITY OF
BAYTOWN; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO
THOUSAND AND N0/100 DOLLARS ($2,000.00); AND PROVIDING FOR
THE PUBLICATION AND EFFECTIVE DATE THEREOF.
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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 42-131 "Definitions" of the Code of
Ordinances, Baytown, Texas, is hereby amended to add the definitions of "department," "mobile
food unit," and "restricted operations mobile food unit" and to amend the definition of "TFER"
to read as follows:
CHAPTER 42. HEALTH AND SANITATION
ARTICLE IV. FOOD AND FOOD SERVICE ESTABLISHMENTS
DIVISION 1. GENERALLY
Sec. 42-131. Defmitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meantng:
Department means the health department of the city.
Mobile food unit shall mean a food service establishment that is a vehicle-mounted, self-
propelled unit and is capable of being readily moveable.
Restricted operations mobile food unit shall mean a mobile food unit that serves no food
other than:
(1) food that was prepared and packaged in individual servings at an approved
commissary and transported and stored under conditions meeting the
requirements of this article;
(2) beverages that are not potentially hazardous and are dispensed from covered urns
or other protected equipment;
(3) potentially hazardous beverages such as individual servings of milk, milk
products and coffee creams that have been packaged at a pasteurizing plant; and
( 4) prepackaged individual serving frozen dessert items including, without limitation,
frozen ice and ice cream novelty bars, cones and serving cups that have been
packaged at a pasteurizing plant or other approved facility.
TFER means the "Texas Food Establishments Rules ," 25 Texas Administrative Code ch.
228.
Section 2: 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) 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 the food supplies are obtained. Any suspension or revocation
of the food service permit for a food service establishment will be cause for suspension or
revocation of the permit of any mobile food unit that is supplied or serviced by the
establishment.
(b) Permit.
(1) Required. No person shall operate or cause to be operated any mobile food unit
that does not possess a valid permit issued by the regulatory authority.
(2) Unit-by-unit. Any person desiring to operate one or more mobile food units in the
city shall obtain an individual permit for each operating mobile food unit from the
regulatory authority. Each permit will be issued unit-by-unit only after an
inspection reveals satisfactory compliance with the provisions of section 42-153
of this Code. The permits shall remain the property of the department.
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(3) Display. A permit shall be affixed by the regulatory authority or his authorized
agents on the mobile food unit in a conspicuous place where it can be viewed by
patrons.
(c) Application .
(1) Application for a permit shall be made on forms provided by the regulatory
authority. The application shall include, but not limited to , the applicant's full
name and post office address and street address and email address; the address of
the location at which the mobile food unit is stationed when not in use; the
business name and address of the commissary or other fixed food service
establishment from which potentially hazardous food supplies are obtained; the
address of the servicing area; a description of the mobile food unit that includes
the manufacturer's make, model, and serial number, the vehicle's state registration
number, and the signature of the applicant. All other information deemed
necessary by the regulatory authority.
(2) Submission of plans . Prior to the issuance of a permit, the operator of a mobile
food unit, other than a restricted operations mobile food unit, shall provide the
following to the department:
a. A written standard operating procedure for each mobile food unit that
must include provisions for :
1. Food unit's waste water disposal site and process; and
2. Other servicing operations details; and
b. Two sets of drawings that must clearly specify and address the proposed
layout, surface finish schedule, arrangement and construction material of
the mobile food unit, and that must include, without limitation, the
proposed layout, arrangement and sizes of plumbing fixtures and
connections .
The provisions of this subsection (c)(2) shall not be applicable to permit renewals ,
provided that the applicant certifies in writing to the regulatory authority that the
procedures and plans previously provided to the department pursuant to this
subsection are still valid and have not changed.
(3) Locations of operation. Prior to the issuance of any permit, the operator of a
mobile food unit, other than a restricted operations mobile food unit, shall submit
to the department a list of locations where the mobile food unit will be in
operation. No mobile unit may operate on public rights-of-way or public property
without the prior written consent of the city unless operating on property within
the ACE zoning district designated by the city for use by mobile food units. No
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mobile unit may operate for more than two (2) hours at any location other than
city-designated mobile food unit areas within the ACE zoning district of the City
of Baytown. The operator shall also give written notice at least two (2) business
days prior to beginning operations at or relocating operations to any location not
currently included on the list of active locations submitted to the department.
( 4) Operation on private property. Prior to the issuance of a permit, the operator of a
mobile food unit, other than a restricted operations mobile food unit, that will be
operated on private property shall submit to the department proof of the
applicant's ownership of the property or a signed and notarized written statement
from the owner of the property granting permission for operation of the mobile
food unit at the proposed location. Such written statement must include the
following:
a. the name, address, email and telephone number of the property owner or
authorized agent or
b. if the property owner is a partnership or corporation, the name, address,
email and telephone number of one of the partners or officers.
A copy of the statement shall be displayed in the mobile food unit in a
conspicuous place in plain view of the public at all times. The operator of a
mobile food unit shall immediately cease operations and remove the mobile food
unit from the property upon receipt of a notice of a violation of this subsection.
( 5) Access to toilets. Prior to the issuance of a permit, the operator of a mobile food
unit, other than a restricted operations mobile food unit, to be operated on private
property shall submit to the department proof of availability of restrooms with
flushable toilets for the use of the mobile food unit employees. Such restrooms
must be located in a business establishment within 150 feet of each location where
the mobile food unit will be in operation. Proof of availability of adequate
facilities shall be in the form of a written statement from the owner or authorized
agent, which must include the following:
a. the name, address, email and telephone number of:
1. property owner or authorized agent or
2. if the property owner is a partnership or corporation, one of the
partners or officers.
b. the type of business and hours of operation during which the restrooms
will be available to the applicant.
A copy of the statement shall be displayed in the mobile food unit in a conspicuous
place in plain view of the public at all times. The operator of a mobile food unit
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shall immediately cease operations and remove the mobile food unit from the
property upon receipt of a notice of a violation of this subsection.
(d) General regulations. All mobile food units and restricted operations mobile food units
shall comply with all applicable laws, including the requirements of this article, except as
otherwise provided in this section. The regulatory authority may impose additional
requirements to protect against health hazards related to the conduct of mobile food units
and may prohibit the sale of potentially hazardous foods. The provisions of this section
shall be enforceable by the regulatory authority and police chief.
(1) Registration. Mobile food establishments must comply with all state and local
laws pertaining to registration of the vehicle.
(2) Pushcarts. Pushcarts shall be limited to pre-packaged ice cream or pre-packaged
non-potentially hazardous food as approved by the regulatory authority.
(3) Foods prepared in home. Food prepared in a private home may not be used or
offered for human consumption from a mobile food establishment. Food must
comply with all labeling laws.
( 4) Signage. Every mobile food unit must be readily identifiable by business name,
printed, permanently affixed, and prominently displayed upon at least two sides of
the units, in letters not less than three inches in height.
(5) Mobility. A mobile food unit must demonstrate mobility at any reasonable time if
requested by the regulatory authority or police chief.
(6) Use of LP-gas. The operator of a mobile food unit, with which LP-gas is used to
cook or prepare food , shall obtain written approval from the fire department for
the use ofLP-gas and LP-gas equipment for each mobile food unit and shall make
the written approval available for inspection and/or copying upon the request of
the regulatory authority, police chief or fire chief.
(7) Certified food manager certification. The operator of a mobile food unit must
have and post in a conspicuous place in plain view of the public at all times a
current food manager certificate.
(8) Sanitation. In addition to complying with the requirements of this section, all
mobile food units shall comply with the following items of sanitation:
a. Single-service articles. Mobile food units shall provide only single-
service articles for use by the consumer.
b. Manual warewashing. A mobile food unit must have at least a three-
compartment sink as required in the TFER.
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c. Handwash sink. A mobile food unit shall have at least one handwashing
sink and the sink shall be convenient for use by employees and properly
provisioned as required in the TFER.
d. Water systems. A mobile food unit, other than a restricted operations
mobile food unit, shall have a potable water system under pressure. All
water used in connection with the mobile food unit shall be from sources
approved by the health officer. The water system shall include a potable
water tank of not less than 30 gallons capacity for conventional mobile
food units. The system shall be of sufficient capacity to furnish enough hot
and cold water for food preparation, utensil cleaning and sanitization, and
hand-washing, in accordance with the requirements of this article. The
water inlet shall be located so that it will not be contaminated by waste
discharge, road dust, oil, or grease, and it shall be provided with a
transition connection of a size or type that will prevent its use for any
other service. All water distribution pipes or tubing and potable water
tanks shall be constructed of materials meeting standards established by an
American National Standards Institute (ANSI) or other approved
accredited certification program and installed according to the
requirements of this article. Connection to a water system at an operational
location is prohibited. The water system shall comply with the following
additional items:
1. Tank design and construction. A mobile food unit's water tank
shall be enclosed from the filling inlet to the discharge outlet and
sloped to an outlet that allows complete drainage of the tank.
2. Tank inspection and cleaning port, protected and secured. If a
water tank is designed with an access port for inspection and
cleaning, the opening shall be in the top of the tank and:
A. Flanged upward at least 13 mm (one-half inch);
B. Equipped with a port cover assembly that is provided with
a gasket and a device for securing the cover in place; and
C. Flanged to overlap the opening and sloped to drain.
3. "V" type threads, use limitation. A fitting with "V" type threads on
water tank inlets or outlets shall be allowed only when a hose is
permanent! y attached.
4. Tank vent, protected. If provided, a water tank vent shall terminate
in a downward direction and shall be covered with:
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A. A screen of 16 mesh to one inch or equivalent when the
vent is in a protected area; or
B. A protective filter when the vent is in an area that is not
protected from windblown dirt and debris.
5. Protective cover or device. A cap and keeper chain, closed cabinet,
closed storage tube, or other approved protective cover or device
shall be provided for each water inlet, outlet, and hose.
e. Mobile food establishment water tanks, when required. Materials that are
used in the construction of a mobile food unit water tank and
appurtenances shall be safe, durable, corrosion-resistant, and
nonabsorbent, and finished to have an easily cleanable surface.
1. Tank hose, construction and identification. A hose used for
conveying drinking water from a water tank shall be safe; durable,
corrosion-resistant, and nonabsorbent; resistant to pitting,
chipping, crazing, scratching, scoring, distortion, and
decomposition; finished with a smooth interior surface; and clearly
and durably identified as to its use if not permanently attached .
2. Tank filter, compressed air. A filter that does not pass oil or oil
vapors shall be installed in the air supply line between the
compressor and the drinking water system when compressed air is
used to pressurize the water tank system.
3. Mobile food unit tank inlet. A mobile food unit water tank inlet
shall be 19.1 mm (three-fourths inch) in inner diameter or less and
provided with a hose connection of the size or type that will
prevent its use for any other service.
4. Operation and maintenance system flushing. A water tank, pump,
and hoses shall be flushed and sanitized at an approved
commissary before being placed in service after construction,
repair, modification, and periods of nonuse.
5. Using a pump and hoses; backflow prevention. An individual shall
operate a water tank, pump, and hoses so that backflow and other
contamination of the water supply are prevented.
6. Protecting inlets, outlets, and hose fittings. If not in use, a water
tank and hose inlet and outlet fittings shall be protected using a
cover or device as specified in sub-item g below.
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7. Tank, pump, and hoses ; dedication. A water tank, pump, and hoses
used for conveying drinking water shall be used for no other
purpose. Water tanks , pumps, and hoses approved for liquid foods
may be used for conveying drinking water if they are cleaned and
sanitized before they are used to convey water.
f. Wast e retention . If liquid waste results from operation of a mobile food
unit, it shall be stored in permanently installed vented retention tanks that
are at least 15 percent larger than the water supply tank. A mobile food
unit waste retention tank shall be sloped to an outlet that allows complete
drainage of the tank during servicing operations. Liquid waste shall not be
discharged from the retention tank when the mobile food unit is in motion
or at an operational location. All connections on the vehicle for servicing
mobile food unit waste disposal facilities shall be of a different size or
type than those used for supplying potable water to the food unit. The
waste connection shall be located below the water connection to preclude
contamination of the potable water system. Connection to a sewerage
system at an operational location is prohibited.
g. Garbage and refus e. A mobile food unit shall have adequate and
department-approved garbage and refuse storage facilities for the
operator's use and shall have garbage and refuse storage facilities attached
to the exterior of the mobile food unit that are insect and rodent-proof for
customers ' use .
(9) Damage report. Any accident involving a mobile food unit shall be reported
within 24 hours of the time the accident occurred if the accident results in damage
to the water system, waste retention tank, food service equipment, or any facility
that may result in the contamination of the food being carried or any damage that
results in a violation of this section. Reports shall be made by the holder of the
mobile food unit permit.
(1 0) Op eration capa city limited. The operator of a mobile food unit shall prepare,
serve , store and display food and beverages on or in the mobile food unit itself
and shall not attach , set up or use any other device or equipment intended to
increase selling, serving, storage, or display capacity of the mobile food unit. It
shall be unlawful for the operator of a mobile food unit to:
a. Allow items , including , but not limited to , brooms, mops , hoses ,
equipment, containers and boxes or cartons , to remain adjacent to or
beneath the mobile food unit;
b. Provide or allow any sign or banner to remain that is not attached to and
solely supported by the mobile food unit;
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c. Provide or allow any canopy, awning or other covering that is not attached
to and solely supported by the mobile food unit to remain over any part of
the mobile food unit or over any area within 100 feet of the mobile food
unit, except that any awning or covering provided by others and primarily
used for other purposes and only incidentally or coincidentally used by the
mobile food unit shall not be considered a violation of this subsection;
d. Provide or allow any portable toilet facility within 1 00 feet of the mobile
food unit; or
e. Provide or allow any dining area, including but not limited to tables,
chairs, booths, bar stools, benches, and standup counters, within 1 00 feet
of the mobile food unit. Dining areas or seating areas where the seating is
provided by someone other than the mobile food unit operator and only
incidentally or coincidentally used by the patrons of the mobile food unit
are acceptable if approved by the regulatory authority.
(11) Utility connections. Utility connections for electric, water, sewerage and gas are
prohibited.
(12) Exterior surfaces. Exterior surfaces of mobile food units shall be of weather-
resistant materials and shall comply with all applicable laws.
(13) Overnight parking prohibited. All mobile food establishments shall move and
vacate the premise of the business location on a daily basis; overnight parking at
the business location is prohibited. At the end of each business day, the mobile
food establishment shall return to the commissary or other service location as
approved by the regulatory authority.
(14) Operation from a commissary required. Mobile food establishments shall operate
from a commissary or other fixed food service establishment and shall report at
least daily to such location for all supplies and for all cleaning and servicing
operations. A letter from the commissary is required at the time of permit
application and at each renewal of the permit.
(e) Commissaries .
(1) Servicing by commissaries. Mobile food units, other than restricted service mobile
food units, shall operate from a commissary approved by the regulatory authority
and shall report to such location for supplies, cleaning, and servicing within the 24-
hour period preceding operations.
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(2) Servicing records.
a. Required. It shall be unlawful for an operator of a mobile food unit, other
than a restricted service mobile food unit, to be in operation without a
valid servicing record in their possession.
b . Servicing records to be kept by mobile food unit operators. The operator
of a mobile food unit, other than a restricted operations 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 the regulatory authority or police chief for
inspection and copy at the mobile food unit during the mobile food unit's
hours of operation.
c. Servicing records to be kept by commissaries. 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
regulatory authority. 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 regulatory authority, whichever comes
first. Servicing records maintained at the commissary shall be immediately
available to the regulatory authority or police chief for inspection and
copying during normal business hours.
d. Falsification of servicing records . It shall be unlawful for an owner,
permit holder, person in charge, employee, or representative of any
commissary to issue a servicing record without first verifying that the
mobile unit has complied with all servicing requirements. It shall be
unlawful for any owner, permit holder, person in charge, employee, or
representative of any commissary or mobile food unit to knowingly
present or issue any false, fraudulent, or untruthful servicing record for the
purpose of demonstrating compliance with subsection ( e )(2).
e. Maintenance of servicing records. The regulatory authority may
promulgate rules and procedures regarding maintenance of the servicing
records by the commissaries and mobile food units. The regulatory
authority may require the use of electronic or other technology to facilitate
or monitor compliance with the requirements of this article.
(3) 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-
10
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
prem1ses.
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.
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3. Laundry faciliti es .
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 w1p1ng 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 cloth es 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.
5. 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(B), live animals
may not be allowed on the premises of a food service
establishment.
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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:
1. Edible fish or decorative fish in aquariums , shell
fish or crustacea on ice or under refrigeration, and
shellfish and crustacea in display tank systems ;
11. Patrol dogs accompanying police or security
officers in offices and dining, sales , and storage
areas , and sentry dogs running loose in outside
fenced areas ;
111. 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;
tv. 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.
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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
c. Compliance with all other applicable rules and operational guidelines as
may be promulgated by the regulatory authority.
(4) Private residences. Use of a private residence as a commissary is prohibited.
( 5) Commissary servicing area and operations.
a. 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.
b. Servicing operations.
1. 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.
3. 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-
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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. Backjlow. 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 prevention device is installed.
Backjlow 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.
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u. Bacliflow 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 mm (1 00
mesh to 1 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.
4. 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.
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5 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.
(t) 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 mobile food unit or 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 mobile food unit's permit or 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
(5) 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.
(h) Additional offense. It shall be unlawful for an owner, permit holder, person in charge,
employee, or representative of any commissary or mobile food unit to remove, disable or
otherwise tamper with any electronic technology installed to facilitate or monitor
compliance with the requirements of this chapter.
Section 3: 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 4: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the 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 sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
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Section 5: 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 not exceeding
TWO THOUSAND AND NOll 00 DOLLARS ($2,000.00). Each act of violation and each day
upon which any such violation shall occur shall constitute a separate offense.
Section 6: This ordinance shall take effect from and after ten (1 0) 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 (1 0) days after passage of this ordinance.
INTRODUCED , READ , and PASSED by the affirmative
City of Baytown, this the 16 th day ofNovember, 2015.
ayor
APPROVED AS TO FORM:
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