Ordinance No. 1071 offers potential food truck solution
In the effort to be transparent with the community, the City of Levelland has posted the proposed Ordinance No. 1071 titled, “Mobile food Service Vendors.”
City staff will bring forward the proposed ordinance and the Levelland City Council will discuss and have the first reading during Monday’s.
The rules and regulations concerning food trucks has been a hot topic recently, the city is encouraging the community to go to the City of Levelland’s website and read through the proposed ordinance beforehand.
The ordinance establishes a permitting and inspection process for all mobile food service vendors providing food service to the public within the municipal limits of Levelland.
It is mentioned that penalty of the for violations of the ordinance cannot exceed $2,000, providing an effective date, a savings clause and a repealer and providing for publications.
The ordinance states the purpose of the amendment is to establish regulations governing mobile food service vendors and the use of property or a tract of land by food trucks and are intended to promote the health, safety and welfare of the public.
Additionally, the ordinance is intended to protect the property rights of the owners land located adjacent to and within the vicinity of properties containing a food truck or an operation site.
The ordinance provides definitions of terms included in the guidelines to prevent misinterpretations.
For the permitting process, the ordinance states that no person shall operate a mobile food unit who does not have a valid permit, issued to them by the City of Levelland.
Permits are not transferable and a valid permit shall be displayed in plain view to the public in every mobile food unit.
For any individual desiring to operate and obtain a permit must fill out the proper forms provided by the Building Permit and Inspection Department of the City of Levelland.
The application must include, at the minimum: the name and address of each applicant; the location and type of the proposed mobile food unit; a copy of the driver’s license of the applicant; and the signature of the applicant.
Prior to the approval of an application, the health inspector and fire marshal will inspect the mobile food unit to determine compliance with requirements of the ordinance.
At the time the application is made, the applicant will pay the application fee as specified.
The mobile food vending permit issued by the City of Levelland shall be valid for one year from the date of permit issuance and is not transferable.
Grounds for denial of permit application. The city shall refuse to approve issuance or renewal of a permit under this article to any applicant for one or more of the following reasons: any failure to provide the information required by this article; a determination by the city that inaccurate, erroneous or incomplete information has been submitted; a false or misleading statement as to a material matter made in an application for a permit; the applicant has committed critical and, or repeated violations of this article or any other applicable regulatory rule, provision or ordinance; the applicant interferes with the health inspector in the performance of the health inspector’s duties; has previously refused or failed to pay the state occupation tax on any amusement redemption machine.
Refusal or failure to pay the correct permit fee amount.An exemption section is also included in the ordinance: Any regulated activity which is conducted by a nonprofit organization as an annual or occasional fund raising or fellowship event shall be exempt from the requirement to obtain a permit.
However, the activity shall still be subject to compliance with all rules and is subject to inspection.
Any mobile food unit meeting the following conditions is required to obtain a permit but is exempt from paying any permit fee under this article: ;Operated by a nonprofit organization in connection with the organization’s principal activity, such as concession stands operated by volunteers at youth athletic leagues; or Operated by a nonprofit organization as a service to its members or to some identifiable group, such as shut-ins or persons suffering from some disabling condition.
Regarding inspection, the health inspector may inspect any permitted mobile food truck operating within the municipal limits of the City of Levelland.
The health inspector, after proper identification, shall be permitted to enter any mobile food truck during the hours of operation or at any reasonable time, for the purpose of making inspections to determine compliance with the rules and this ordinance.
The health inspector shall be permitted to examine the records of the establishments to obtain information pertaining to food and supplies purchased, received, or used, or to persons employed.
Refusal of access is sufficient cause to immediately suspend any permit.
If an imminent health hazard exists, such as complete lack of refrigeration, contaminated food or sewage backup into the mobile food truck, the mobile food truck shall immediately cease food service operations.
Operations cannot be resumed until such time as a reinspection by the health inspector determines that conditions responsible for the requirement to cease operations no longer exist.
A mobile food vendor cannot conduct business in a SF-1, SF-1--CA, SF-2, Multi-1, Multi-2, Multi-3 or Multi-4 zoning district.
Additionally, a mobile food vendor cannot conduct business within 100 feet of a residence or apartment complex.
A mobile food vendor cannot conduct business within one 150 feet of the primary entrance of an open and operating food service establishment.
This buffer may be reduced upon receiving written, notarized permission from the owner of said establishment.
A mobile food vendor shall not locate closer than 10 feet to any property line.
The mobile food vendor shall not locate a mobile unit in such a manner or location that obstructs or causes to be obstructed the passage of any sidewalk, street or alley or any other public place, by causing people to congregate at or near the mobile unit.
A mobile food vendor cannot locate on any private property without written permission to do so and must comply and leave the property if asked to leave by the property owner.
A copy of the owner’s written and notarized permission to operate in a specific location signed by the owner shall be kept within the mobile unit at all times.
A mobile food vendor cannot operate on any public right-ofway and shall not block access to operate on any public right-ofway and shall not block access to any parcel, alley or sidewalk unless prior written approval has been received from the City of Levelland separate and apart from the permit authorized in this ordinance or such operation is in conjunction with or part of a permitted special event.
Hours of operation for mobile food vendor shall only be allowed to operate between the hours of 6:00 a.m. and 12:00 a.m.
Each mobile food truck shall be equipped with a portable trash receptacle and shall be responsible for the proper disposal of solid waste and waste water in a sanitation facility legally accessed by the mobile food vendor and in such a way that a public health hazard or nuisance is not created.
The mobile food unit must have a sign or other identification on at least two sides of the unit with lettering that is at least three inches or greater that includes the name of the mobile food unit and a general description of the items being sold.
All personnel handling food during the operation of the mobile food unit must have their certified food manager, basic food handler license.
There must be bathroom availability for employees working in the mobile food unit either selfcontained within the mobile food unit or located on the property where the mobile food unit is operating.
Permission to use the bathrooms located on the private property where the mobile food unit is located must be included in the written permission to occupy the private property for mobile food unit operations.
No noise which is loud or obnoxious shall project from the mobile food unit.
A mobile unit shall not block any fire lane or drive aisle or obstruct public traffic visibility.
Dumping, or the improper disposal, of the waste water or food preparation by products onto the ground, pavement or other surface or other system not designed for that specific use is strictly prohibited and may result in the immediate revocation of all permits of the mobile food truck, immediate cessation of operation, performance of necessary remediation and the issuance of citations and fines.
It shall be unlawful for any person to operate as a mobile food vendor without complying with the Texas Food Establishment Rules adopted by the Texas Department of State Health Services and as promulgated in 25 Texas Administrative Code Chapter 228 as amended.
The requirements outlined in this section are in addition to any requirements issued by the health inspector designed to protect the public health and safety and consistent with the Texas Food Establishment Rules and this article.
A mobile food vendor shall comply with all fire safety regulations established by the fire marshal including, but not limited to, the following: At least one 2A:10B:C fire extinguisher with annual inspection tag or receipt indicating purchase within the past year; At least one Class K fire extinguisher if cooking with solid fuels, vegetable oil or animal fats with annual inspection tag or receipt indicating purchase within the past year; A vent hood installed and operational with a current (biannual) inspection tag; Four vent hood requirements: A type one vent hood (vent hood without automatic fire suppression) is required if cooking within the food unit is only producing steam.
A type two vent hood (vent hood with automatic fire suppression) is required if cooking within the food unit is producing grease laden vapors.
Examples would include cooking by deep frying, cooking on a flat top grill or cooking on a cooktop stove.
All compressed gas containers are secured outside of the passenger area, have one or more restraints to a fixed object, and at least 10 feet away from an open flame, generator or other combustible material; All gas valves, hoses and connectors that have passed a pressure test within the previous 12 months; and Extension cords may not be used for permanent wiring for the supply of electricity.
Temporary concession booths must have: At least one 2A:10B:C fire extinguisher with annual inspection tag or receipt indicating purchase within the past year; and At least one Class K fire extinguisher if cooking with solid fuels, vegetable oil or animal fats with annual inspection tag or receipt indicating purchase within the past year.
The health inspector may immediately suspend any permit to operate a mobile food unit without prior notice if the health inspector determines the operation of the mobile food unit constitutes an immediate and substantial hazard to public health.
When a permit is suspended, all food service activity at the mobile food unit shall immediately cease.
The health inspector may suspend any permit issued to operate a mobile food unit when the holder of the permit or the person in charge of the mobile food unit does not comply with the requirements of this article and any other applicable regulatory rule, provision or ordinance, or if the operation of the mobile food unit does not comply with the requirements of this article and any other applicable regulatory rule, provision or ordinance after receiving notice of the violation from the health inspector in accordance with subsection.
Whenever a permit is suspended, the holder of the permit or the person in charge of the mobile food unit shall be notified in writing that the permit is, upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the city secretary of the city by the holder of the permit within 10 days of receiving the notice of suspension.
If no written request for hearing is filed or if the suspension is upheld after appeal, the suspension remains effective until the holder of the permit complies with the rules of this article and any other applicable regulatory rule, provision or ordinance and the reasons for suspension no longer exist.
A holder of a permit may appeal any suspension of a permit by filing, in writing, a request for a hearing with the city manager within 10 days for receiving the notice of suspension. The suspension remains in effect while an appeal is pending.
Whenever a permit is suspended and a request for hearing is made by the holder of the permit, the hearing shall be conducted within 20 days of receipt of a request for a hearing.
The health inspector may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the health inspector in the performance of its duties.
Prior to revocation, the health inspector shall notify the holder of the permit, or the person in charge, in writing of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of the 10 days following service of such notice unless a written request for a hearing is filed with the health inspector by the holder of the permit within a 10 day period.
If no request for hearing is filed within the 10 day period, the revocation of the permit becomes final.
If a request is filed, the city manager shall conduct the hearing within 20 days of receipt of a request for a hearing.
A notice provided for in the rules or this article is properly served when it is delivered to the holder of the permit or the person in charge of the mobile food unit, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit or delivered to the premises of the mobile food unit.
A copy of the notice shall be filed in the records of the health inspector.
Persons wishing to appeal from any decision of the health inspector may request a hearing to be conducted by the city manager or the city manager’s designee at the time and place designated by the city manager.
Such hearings will not be required to follow formal rules of procedure or formal rules of evidence, but will be conducted in order to give a fair consideration to the appellant.
The city manager may obtain input from such other officials as he deems necessary in order to reach a just result.
The decision of the health inspector will be upheld unless the city manager determines that the health inspector’s decision is clearly erroneous.
Whenever a revocation of a permit has become final, the holder of the revoked permit may make written application for a new permit.
Any person violating or failing to comply with a provision of this ordinance, and any person who is the permit holder of or otherwise operates a mobile food unit that does not comply with the provisions of the rules or of this ordinance, shall be deemed guilty of a misdemeanor violating an ordinance governing public health and safety and upon conviction thereof shall be subject to a fine in accordance with the general penalty provision found in Section 1.109 of this code for each offense, or the maximum fine established by applicable state law, whichever is greater.
Each day during which a violation occurs is a separate offense. Proof of a culpable mental state is not required for a conviction of an offense under this article.
In addition to the above and foregoing penalties, the City of Levelland may seek to enjoin violations of the rules and of this article and obtain such other and further relief necessary to remedy any violations, as appropriate.”