HomeMy WebLinkAboutOrdinance 3792 ORDINANCE NO. 3792
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
RESTATING AND ADOPTING CHAPTER 18, ARTICLE IV, DIVISION 6,
OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES, FOOD
AND FOOD ESTABLISHMENTS, MOBILE FOOD UNITS; PROVIDING A
PENALTY; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES AND REPEAL OF
CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, The City of North Richland Hills ("City") is a home rule city acting under its
charter adopted by the electorate pursuant to Article XI, Section 5 of the
Texas Constitution and Chapter 9 of the Texas Local Government Code;
and
WHEREAS, On April 26, 2021, the City Council enacted a temporary ordinance to
address changes affecting the mobile food vendor industry due to partial
closures and/or limited capacity for occupancy caused by the COVID-19
Pandemic; and
WHEREAS, City staff and vendors have been satisfied with the results produced by the
temporary ordinance; and
WHEREAS, To assist local businesses and to ensure compliance with the rules and
regulations of the Texas Department of State Health Services, the City
Council wishes to restate and adopt Division 6 of Chapter 18, Article IV, to
include permanent administrative and enforcement requirements for mobile
food unit operations;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
SECTION 1: That Chapter 18, Article IV, Division 6, Mobile Food Units, of the North
Richland Hills Code of Ordinances, shall be restated in its entirety and read
as follows:
DIVISION 6. - MOBILE FOOD UNITS.
Sec. 18-279. - Definitions.
When specifically used in this article, the following words and terms, unless the
context indicates a different meaning, shall have the meaning assigned to them below.
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Unless otherwise defined herein in this Division 6, this section shall include and
incorporate all definitions included in the regulations adopted in Chapter 18, Article IV,
Section 18-191, of the North Richland Hills Code of Ordinances, and the Texas Food
Establishment Rules ("TFER"), 25 TAC 228. If there is any conflict between Divisions 1-
5, and this Division 6, the definition specifically set forth in this Division 6 shall control
during the time this ordinance is in effect.
Commissary means an approved central preparation food facility that is permitted
and inspected by a municipal, county, or state regulating health authority and is
constructed and operated in compliance with this ordinance.
Fee exempt means a mobile food unit is exempt from the payment of a permit fee
under this Division 6, if the Person provides proof that (i) the mobile food unit business
is a non-profit or 501(c)(3) tax-exempt entity; or (ii) the mobile food unit is providing
food services to a non-profit organization or 501(c)(3) tax-exempt entity with proof of
such non-profit status; a parent-teacher association; a scholastic-based booster club;
or a city-owned facility, city-operated food service operation, or city sponsored event.
The Person claiming fee-exempt status shall provide the appropriate documentation
as deemed necessary by the Director of Neighborhood Services to evaluate the
request for fee-exempt status.
Food establishment as it is defined in Section 18-191, and/or as referenced in
Article IV, Divisions 1-5, shall not apply to this Division 6 during the time this ordinance
is in effect.
Food service establishment means any establishment or operation where food is
prepared or served at wholesale or retail for pay. Food service establishments include but
are not limited to, restaurants, food stands, mobile food units, push carts, drink stands.
Mobile food establishment as it is defined in Section 18-191, and/or as referenced
in Article IV, Divisions 1-5, shall not apply to this Division 6 during the time this
ordinance is in effect.
Mobile food unit means a vehicle-mounted food service establishment or a food
service establishment pulled behind a vehicle to be readily moveable.
Non—Time/Temperature Control for Safety (NTCS) food means a food that does not
require time and temperature control for safety to limit pathogen growth and toxin
production. NTCS foods include but are not limited to popcorn, pretzels, chips, snow
cones, cotton candy, pickles, and cookies and food in an unopened hermetically sealed
container that is commercially processed to achieve and maintain commercial sterility
under conditions of non-refrigerated storage and distribution.
Person means an operator or registered owner of a vehicle that qualifies as a mobile
food unit, whether permitted or unpermitted.
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Person in Charge means the individual present at a food establishment who is
responsible for the operation at the time of inspection.
Property Owner means the owner or tenant of the property where the mobile food
unit is operating, whether permitted or unpermitted.
Pushcart means a non-self-propelled MFU limited to serving foods requiring a limited
amount of preparation as authorized by the regulatory authority and readily movable by
one or two persons. A pushcart is classified as an MFU. A pushcart does not include non-
self-propelled units owned and operated within a retail food store. This type of MFU
requires the support of a commissary. Pushcarts are limited to the sale of Non-TCS and
packaged frozen desserts such as ice cream bars, popsicles, or frozen ice pops), unless
the regulatory authority approves the sale of other items based upon an approved written
Hazard Analysis Critical Control Point (HACCP) Plan or food safety plan.
Readily movable means that a vehicle has not been altered in such a way that would
limit its ability to promptly be moved or conveyed from one place to another.
Regulatory authority means any City of North Richland Hills officer, employee, or
department of the city, designated by the city manager to administer and enforce this
article.
Reinspection means an inspection to determine compliance with applicable health
regulations.
Reinspection fee means a fee assessed by the regulatory authority based on (i) an
establishment's failure to correct one or more issues addressed at the time of inspection
within the time frame established by the inspector; (ii) an establishment's failure to pass
an annual mobile food unit inspection; (iii) an establishment's failure to arrive at a
scheduled mobile food unit inspection; (iv) when reinspection is necessary to determine
compliance with the ordinance.
Rules and regulations means the state rules found at 25 Texas Administrative Code,
Chapter 228. These rules are also known as the "Texas Food Establishment Rules"
("TFER"). Such rules and regulations have been adopted by the City and shall be in full
force and effect within the city limits of the city.
Sanitary facilities means a water closet, toilet or restroom facilities which discharge
the sewage effluent and wastewater into an approved holding tank, on-site sewage
disposal system, or municipal sanitary system.
Single-Service Articles means a container or utensil intended for one time usage only.
Solicitor means any person who requests any orders for goods or services, whether
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for profit or not-for profit, including any person who makes requests for money, goods or
services on behalf of any religious, veterans', charitable or fraternal organization.
Solicitors include mobile food units that enter into any residential or multi-family zoned
districts or parks.
Temporary food establishment as it is defined in Section 18-191, and/or as referenced
in Article IV, Divisions 1-5, shall not apply to this Division 6 during the time this ordinance
is in effect,
Temporary Food Unit means a food service establishment which operates at a fixed
location for a period of time not to exceed three consecutive days in conjunction with a
Special Event or celebration.
Temperature Control for Safety Food (TCS)--(formerly Potentially Hazardous Food
(PHF)) means food that requires time/temperature control for safety to limit pathogenic
microorganism growth or toxin formation. An animal food that is raw or heat-treated. A
plant food that is heat-treated or consists of raw seed sprouts, cut melons, cut leafy
greens, cut tomatoes or mixture of cut tomatoes that are not modified in a way so that
they are unable to support pathogenic microorganism growth or toxin formation, or garlic-
in-oil mixtures that are not modified in a way so that they are unable to support pathogenic
microorganism growth or toxin formation.
Weekend food vendor as it is defined and set forth in Section 18-191, and/or as
referenced in Article IV, Divisions 1-5, shall not apply to this Division 6 during the time this
ordinance is in effect.
Sec. 18-280. - Permit required.
(a) No Person, company, corporation, or Property Owner shall operate, maintain,
park, or allow to be operated, maintained, or parked on said Property Owner's property,
a mobile food unit (MFU) without a valid permit issued by the City of North Richland Hills
Neighborhood Services Department. Each mobile food unit requires a separate permit.
(b) A vehicle that qualifies as a mobile food unit may receive a temporary food
establishment permit for one (1) event per calendar year as defined and regulated by
Chapter 18, Article IV, Divisions 1-5. If operating under a temporary food establishment
permit, the mobile food unit must comply with all requirements for temporary food
establishments under Article IV, Divisions 1-5 as well as Sections 18-284, 18-285, 18-
286, 18-287, 18-288, and 18-289 of this Code.
Sec. 18-281 — Permit categories.
(a) Mobile Food Unit
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(1) Full Service Mobile Food Unit is a full-service kitchen and must be equipped with
a hand sink, three compartment sink, 100°F potable hot water, and a gray water
tank 15% larger than the potable water tank. Open windows must have 16 mesh
per square inch screening, and all equipment must be National Sanitation
Foundation (NSF)-approved, commercial grade. Operators must have accredited
food handler training and operations must be overseen by a Certified Food
Manager.
(2) Dessert Truck Mobile Food Unit is a truck serving baked goods such as cupcakes,
snow cones, shaved ice, scooped ice cream, or other desserts with limited
preparation and handling. Dessert truck mobile food units must be equipped with
a hand sink, three compartment sink, 100°F potable hot water, and a gray water
tank 15% larger than the potable water tank. Open windows must have 16 mesh
per square inch screening, and all equipment must be National Sanitation
Foundation (NSF)-approved, commercial grade. Operators must have accredited
food handler training and operations must be overseen by a Certified Food
Manager.
(3) Limited Service Mobile Food Unit is a mobile food unit from which one the
following foods and beverages are served, sold or distributed:
i. food that is prepackaged, bottled, or otherwise prepared and packaged
in individual servings at a commissary, properly labeled and held at
41°F or less or 135°F or more;
ii. NTCS beverages that are dispensed from covered urns or other
protected equipment. Limited service may not be required to comply
with requirements of this chapter pertaining to the necessity of water
and sewage systems nor to those requirements pertaining to the
cleaning and sanitization of equipment and utensils if the required
equipment for cleaning and sanitization exists at its commissary. Mobile
food units that serve prepackaged ice cream are included as limited
service. Open food handling such as nachos, shaved ice, or bulk pickles
is specifically prohibited.
(4) Vegetable and Fruit Vendor Mobile Food unit is a mobile food unit from which only
whole, uncooked vegetables or fruits are served, sold, or distributed. Produce
vendors cannot cut or sample fruit/vegetables on site.
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Sec. 18-282 —Application.
A Person seeking a mobile food unit permit shall make application for a permit as required
by this Section 18-280 of this article on a form provided by the regulatory authority. The
form must be notarized prior to submission to the city.
(a) In addition to other information specifically required on the form, the applicant shall
provide the following information as part of the application:
1. Name, date of birth, and valid driver's license number of the applicant;
2. Applicant's address (both physical and mailing addresses) and telephone
number;
3. Applicant's email address;
4. Registered Agent name, address and telephone number, if applicable;
5. A description of the vending vehicle which will be used under this permit.
This information shall include the manufacturer, model year, and color and
vehicle identification number;
6. Proof of current vehicle insurance for mobile food unit;
7. A complete menu identifying the type of food to be vended and the manner
in which it is to be vended;
8. Proof of Certified Food Manager for Person in Charge of the mobile food
unit;
9. Accredited Food Handler cards for any staff who may operate the mobile
food unit;
10.If the permit application is for the sale of approved, openly handled food
from a vehicle or a trailer, a water sample test result from a drinking water
bacteriology laboratory accredited by the Texas Commission on
Environmental Quality showing the absence of coliform and E. coli which
was performed within thirty (30) days prior to the date of the permit
application;
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11.Completion of a form issued by the regulatory authority that contains the
address and food establishment permit number of the commissary required
by this article. The form must be notarized, signed by the commissary
operator, and include a statement that the mobile food unit applicant has
access to commissary facilities for food preparation, all food and utensil
storage, and cleaning and maintenance activities. The form shall not be
dated more than thirty (30) days prior to the application submission to the
city and must identify the location of the commissary and contact
information for the commissary operator. A copy of the most recent health
inspection for the commissary is also required at the time of application;
12.Any other information required by the regulatory authority, including written
permission from the Property Owner on a form designated by the regulatory
authority, authorizing use of the property by the MFU and specifying the
date and time of operations, including use of the restroom facilities.
(b) The valid MFU permit sticker shall be provided by the regulatory authority and shall
be displayed prominently on the back of the mobile food unit.
(c) Mobile food unit permits shall be valid for one (1) year from the time of the permit
issuance.
(d) Mobile food unit permits shall not be transferred and shall be considered
suspended should the ownership, operation or use be altered from that specified
in the permit application or at the time of permit issuance.
(e) A service fee may be charged by the regulatory authority if a payment of a fee
required by this chapter fails to successfully process, is canceled or voided by the
applicant, or is returned by a financial institution for insufficient funds. A mobile
food unit permit will not be issued or will lose its validity if all fees required by this
chapter are not paid in full.
Sec. 18-283. — Inspection.
(a) The regulatory authority shall inspect the mobile food unit at the time of initial
permitting and at permit renewal each year to determine if the vending operation
is being conducted in such a manner as to comply with the conditions of the permit,
the provisions of this article, other applicable city ordinances and state and federal
statutes, regulations and rules. Said inspection shall be conducted at a time and
location designated by the regulatory authority.
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(b) An annual fire inspection shall be required for mobile food units upon initial
permitting and for each renewal of the mobile food unit permit to determine
compliance with ordinances related to fire and life safety. The fire inspection may
be conducted simultaneously with the annual inspection by the regulatory
authority, or prior to the regulatory authority's inspection. At the discretion of the
Fire Marshal, mobile food units that do not prepare or serve heated food or
beverages and that do not utilize liquid propane gas, gasoline, or natural gas may
be exempt from the requirement to obtain an annual fire inspection. However, all
mobile food units are required to have at least one fire extinguisher available with
a minimum rating of 2-A:10-B:C and with a current inspection/service tag affixed
from a State licensed fire extinguisher company. Such fire extinguisher shall be
visible, unobstructed, and in good working order.
(c) The regulatory authority shall require a mobile food unit operator to demonstrate
that the unit is readily moveable. Alteration, removal, attachments, placement or
change in, under, or upon the mobile food unit that would prevent or otherwise
reduce the mobile food unit's ability to be readily moveable is prohibited.
(d) The regulatory authority may take food samples to be examined or taken for
analysis as often as necessary for enforcement of this article and may, upon written
notice to the owner or Person in Charge specifying with particularity the reasons
thereof, place a hold order on any food which is believed to be in violation of any
portion of this article, and shall tag, label, or otherwise identify any food subject to
the hold order.
(e) No food subject to a hold order under Section 18-283(d) shall be used, served or
removed from the unit until the vendor of such food has furnished proof of the
wholesomeness of the food product to the regulatory authority. The regulatory
authority shall permit storage of the food under conditions specified in the hold
order, unless storage is not possible without risk to the public health, in which case
immediate destruction shall be ordered and accomplished. The hold order shall
state that a request for hearing may be filed within ten (10) days and that if no
hearing is requested, the food shall be destroyed. A hearing shall be held in
accordance with Section 18-234 of the North Richland Hills Code of Ordinances if
so requested and, on the basis of evidence produced at that hearing, the hold order
may be vacated, or the owner or Person in Charge of the food may be directed by
written notice to denature or destroy such food to bring it into compliance with the
provisions of this article. All costs accruing from such removal thereof shall be
borne and paid for by the owner thereof.
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(f) Mobile food units shall be prepared for inspection by the regulatory authority or
designee at all times when operating within the City of North Richland Hills.
(g) Nothing provided in this section shall be construed to prohibit the regulatory
authority from conducting inspections of mobile food units as often as needed to
ensure compliance with the Texas Food Establishment Rules and as provided in
this Code.
(h) Health inspections of mobile food units shall be conducted at least once annually
at the time of permit issuance. Additional health inspections may be performed of
the mobile food unit, as deemed necessary by the regulatory authority.
(i) The regulatory authority may make written requests for information to a Person
operating the Mobile Food Unit regarding the unit layout and operation. Based on
the responses to that request, a review of the Mobile Food Unit layout, operation,
or schematic may be required prior to inspection of the Mobile Food Unit. A plan
review fee may be charged.
Sec. 18-284. - Operating requirements.
Generally.
(a) Mobile food units shall comply with all requirements of the Texas Food
Establishment Rules (TFER) and Chapter 18, Article IV, except Section 18-275
(c) — (e) regarding onsite restrooms, grease traps, and mop sinks. Additional
requirements may be imposed to protect against health hazards related to the
conduct of the food establishment as a mobile operation, sale of some or all TCS
may be prohibited, and when no health hazard will result, requirements of this
chapter relating to physical facilities may be waived or modified.
(b) If deemed necessary to protect public health and safety, the regulatory authority
may limit the menu, food items, or preparation methods utilized by the mobile
food unit.
(c) The mobile food unit shall operate in a manner that does not violate any existing
laws or ordinances of the City of North Richland Hills.
(d) Mobile food units shall identify the vehicle with characters not less than three (3)
inches high on both exterior sides of the unit stating the name of the company.
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(e) Mobile food units shall comply with all state and local laws pertaining to the
registration of the mobile food unit vehicle. All Persons operating and/or driving
the mobile food unit must have a current and valid driver's license and have
current vehicle liability insurance for the mobile food unit vehicle.
(f) Mobile food unit operator(s) shall report any accident involving the MFU to the
Neighborhood Services Department within twenty-four (24) hours of the time the
accident. An inspection of the mobile food unit vehicle involved in the accident
shall be conducted prior to resuming operations within the City of North Richland
Hills to ensure that there is no damage to the vehicle that may result in the
contamination of the food carried or any damage that results in a violation of this
section. Food service from the vehicle involved in the accident will not be
authorized within the City of North Richland Hills until it has been inspected and
cleared of any potential hazards resulting from accident. The accident report shall
be made by the mobile food unit permit holder.
Section 18-285. Approved Locations; Operations.
(a) Public or private property. Mobile Food Units may operate upon properties with
the permission of the Property Owner or an authorized agent for the Property
Owner. It shall be unlawful for a mobile food unit to vend:
(1) From a vacant property, stand or other temporary structure;
(2) Upon an area not paved by an asphalt or concrete surface;
(3) Within a visibility triangle as defined by Section 118-714, and illustrated
in Article IX, Illustration Figure 1.9, of the North Richland Hills Code of
Ordinances;
(4) Within fifty (50) feet of an intersection;
(5) Within an area within which the standing or parking of vehicles is
prohibited;
(6) From a public street, right-of-way, sidewalk or other adjacent public or
private property, unless such street, right-of-way, sidewalk or other
property is designated by the City of North Richland Hills as an approved
MFU location and for the timeframes specified by the city for such
location;
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(7) From an area other than the side of the MFU;
(8) Upon a premise holding a Texas Alcohol and Beverage Commission
license in which alcoholic beverage consumption is prohibited.
(b) Special event permit. Mobile food units may operate in conjunction with a
Special Event Permit as issued by Neighborhood Services Department of the
City of North Richland Hills.
(1) Commercial or industrial property. Mobile food units may operate on
private commercial or industrial property, properly zoned and with the
written notarized permission of the Property Owner and/or landlord if the
mobile food unit has access to approved flush type toilet facilities,
connected to an approved type sewage system on the private commercial
or industrial property and within one hundred and fifty feet from the MFU.
Mobile food units must be parked on a paved surface and are not allowed
to discharge wastewater or grey water on site.
(2) Residential property. Mobile food units may operate on residential private
property up to two times per year with written notarized permission from
the Property Owner and with a Special Event Permit, if required by the
City of North Richland Hills. They must be parked on a paved surface and
are not allowed to discharge wastewater or grey water on site.
(c) All mobile food units shall comply with this Code as well as with state and federal
law and nothing in this article shall exempt a food vendor from zoning
ordinances.
Section 18-286. Hours of operation.
The hours of operation of any mobile food unit are subject to the following restrictions,
which such restrictions are in addition to all other restrictions included in the permitting
process:
(a) A mobile food unit may operate in a residential zoned area from 7:00 a.m. Central
Standard Time (CST) until 9:00 p.m. CST.
(1) MFU may only operate at the location following the issuance of the MFU
permit by the regulatory authority and with written permission of the Property
Owner or authorized agent of the property.
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(2) MFU must adhere to the noise level restrictions described in the City of
North Richland Hills Code of Ordinances Chapter 34-33 (23) — Specific
Nuisances.
(3) The MFU must leave the location at the end of the service and may not
remain parked or stored at the location overnight even with the permission
of the Property Owner.
(b) A mobile food unit may operate in a commercially zoned area during the normal
hours of operation for the business location on which it is permitted to be parked
however, under no circumstances can the MFU operate earlier than 7:00 AM CST
nor later than 11:00 PM CST.
(1) MFU may only operate at the location following the issuance of the MFU
permit by the regulatory authority and with written permission of the Property
Owner or landlord of the property.
(2) MFU may only operate in the area of the property designated in the
application submitted by the Property Owner or landlord of the property.
(3) The MFU must leave the location each day and may not remain parked or
stored at the location overnight even with the permission of the Property
Owner.
(4) MFU must adhere to the noise level restrictions described in the City of
North Richland Hills Code of Ordinances Chapter 34-33 (23) — Specific
Nuisances.
(c) A mobile food unit may operate in a Mixed Use/Transit Oriented Zoned District
during the normal hours of operation for the business location on which it is
permitted to be parked however, under no circumstances can the MFU operate
earlier than 6:00 a.m. CST or after 11:00 p.m. CST.
(1) If parked on commercial property within the district it may only operate
during the hours of operation for the business.
(2) If parked in a street parking spot approved for an MFU within the district it
may operate for no more than three (3) consecutive hours.
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(3) The MFU must leave the location at the end of the three (3) hour timeframe
for operation and may not remain in the parking spot overnight.
(4) The total noise level of any mobile food unit shall comply with NRH Code of
Ordinances Section 34-33 (23), Specific nuisances. The mobile food unit
shall turn off all music and recorded messages while stationary, except
when stopped at a controlled intersection.
Sec. 18-287. - Restricted operations.
(a) Food prepared or packaged in a private home may not be used or offered for human
consumption from a mobile food unit. Food must comply with all labeling laws as
required by Texas Food Establishment Rules.
(b) Refrigeration and equipment must be commercial grade, National Sanitation
Foundation approved and maintain TCS food at the required temperatures as
specified in Texas Food Establishment Rules.
(c) Mobile food units shall not utilize any required business parking spaces or park in a
designated or marked fire lane.
(d) Mobile food units shall not park, stop or stand in areas designated or marked as "no
parking areas" or park in violation of North Richland Hills Code of Ordinances, Ch.
54.
(e) Mobile food units must comply with North Richland Hills Code of Ordinances, Ch.
34, as it relates to public nuisances.
(f) Mobile food units may operate at locations where on premise alcohol consumption
is allowed as permitted by Texas Alcohol Beverage Code.
(g) Mobile food units may not dispense alcohol from the vehicle at anytime.
(h) Mobile food units may not erect a tent or supply tables or chairs to be used outside
the vehicle or trailer.
(i) At no time shall there be more than one mobile food unit per location or within 300
feet of another mobile food unit unless operating pursuant to a North Richland Hills
Special Event permit, or as otherwise permitted by City ordinance.
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Sec. 18-288. - Sanitation requirements generally.
Mobile food units shall comply with the following requirements. These requirements
pertain to all mobile food units unless a specific exception applies:
(a) Mobile food units shall comply with all sanitation and construction regulations as
outlined in Texas Administrative Code § 228 of the Texas Food Establishment
Rules as adopted in this chapter unless specifically addressed in this section.
(b) Garbage storage containers must be maintained on each mobile food unit in a
number sufficient to contain all trash and garbage generated by the mobile food
unit. A trash container must be provided by the mobile food unit for customers.
Garbage must be properly disposed of in accordance with all existing laws.
(c) Any waste discharged from the Mobile Food Unit must be in accordance with all
existing laws.
(d) No cooking may be conducted while the vehicle is in motion. All TCS food must be
under strict temperature control as required by TFER at all times.
(e) Equipment for cooling, heating, and cold and hot holding shall be sufficient in
number and capacity to provide adequate temperature control as specified by the
TFER.
(f) All equipment used for maintaining adequate temperature control of TCS foods,
including cold holding and hot holding units, must be functional and remain
operational at all times.
(g) A three compartment sink for washing, rinsing, and sanitizing is required.
(h) A least one hand sink stocked with soap, paper towels, and 100°F hot water shall
be available for convenient use by employees.
(i) Mobile food units shall provide only single-service articles (ex. disposable
plasticware) for use by the consumer.
(j) Floors, walls, and ceilings of the mobile food unit must be constructed of durable,
easily cleanable material, including, but not limited to, anodized aluminum,
stainless steel, or tile.
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Sec. 18-289. - Sanitation requirements for units with facilities for preparing or
dispensing unpackaged food.
In addition to the sanitation requirements described in section 18-287, mobile food unit
vendors preparing and vending food from a mobile food unit, shall comply with the
following requirements:
(a) The commissary shall include at least overhead protection for any supplying,
cleaning or servicing operation. Areas used only for the loading of water and/or the
discharge of sewage and other liquid waste, through the use of a closed system of
hoses, need not be provided with overhead protection. The commissary shall
include a location for the flushing and the draining of liquid waste separate from
the location provided for water servicing and for the loading and the unloading of
food and related supplies.
(b) The commissary shall maintain a log of mobile food units being serviced at the
commissary and require each mobile food unit that is serviced to document the
date and time of arrival and departure from the commissary and the services
performed.
(c) The commissary will make available for inspection the records of the mobile food
units serviced.
(d) All water and gas distribution pipes or tubing shall be constructed and installed in
accordance with public health, fire department, and plumbing standards as set out
by the ordinances of the city. The water for said operations shall be potable water
from an approved source. At least once each calendar month, the owneroperator
of a mobile food unit shall sanitize water tanks. Records of sanitization shall be
made available to the department upon inspection.
(e) A water heating device of sufficient capacity, or an instantaneous water heater,
capable of producing one hundred (100) degrees Fahrenheit hot water during the
entire time of operation shall be provided in the mobile food unit.
(f) All food service operations shall be conducted within the mobile food unit or within
the commissary.
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Sec. 18-290. — Enforcement Authority.
(a) Except as otherwise specifically provided in this chapter, the regulatory authority, or
designee, shall have authority to enact rules and regulations for the effective
implementation of Chapter 18, Article IV, including regulations pertaining to
construction and size requirements for mobile food units, and, with input from the fire
department, regulations pertaining to the installation, use, safety, and maintenance
of propane tanks and natural gas apparatus in a mobile unit vehicle.
(b) Except as otherwise specifically provided in this chapter, Sections 18-192- 194, 18-
211-215, and 18-231- 234 of this Code related to compliance, fees, penalties,
permits, correction of violations, permit suspension and revocation, and fines apply
to mobile food units.
(c) The regulatory authority is hereby authorized to impose additional requirements when
necessary to protect against public health hazards or nuisances, and may impose
specific requirements in addition to the requirements contained in these rules as
authorized by law. The regulatory authority shall document the conditions that
necessitate the imposition of additional requirements and the underlying public health
rationale. The documentation shall be provided to the permit applicant or permit holder
and a copy shall be maintained in the department's records for the facility.
Sec. 18-291. - Penalty.
(a) Any Person, firm, association of Persons, company, and corporation or their
agents, servants, employees, or Property Owners violating or failing to comply with
any of the provisions of this article shall be fined, upon conviction, as provided in
Section 1-13. A violation under this article is declared to be unlawful and a
misdemeanor,with such offense being punishable by a fine not exceeding $500.00;
provided, however, that a penalty for the violation of a rule, ordinance or police
regulation that governs fire safety, zoning, or public health and sanitation, including
dumping of refuse, shall be a fine not exceeding $2,000.00. Each day any violation
continues shall constitute a separate and distinct offense. In addition to imposing a
criminal penalty, the city may, in accordance with Chapter 54, of the Texas Local
Government Code, as amended, bring a civil action against a Person violating a
provision of this chapter.
Sec. 18-292. - Correction of violations; suspension of permit; revocation of
permit.
(a) Enforcement procedures. The regulatory authority may establish enforcement
procedures to ensure compliance with this article which are consistent with the
regulations adopted herein, including, but not limited to written warnings,
Ordinance No. 3792
Page 16 of 20
compliance time limits, re-inspection fees, citations, permit suspensions and permit
revocation.
(b) Inspections. The inspection report form shall specify a reasonable period of time for
the correction of the violations found, and correction of the violations shall be
accomplished within the period specified, in accordance with the following
provisions:
(1) If an imminent hazard exists, due to an emergency such as a fire, flood,
extended interruption of electrical or water service, lack of hot water (at least
100°F or no less than the minimum required temperature set by the TFER),
sewage backup, misuse of poisonous or toxic materials, onset of apparent food
borne illness outbreak, uncontrolled infestation of insects or rodents, grossly
unsanitary occurrence or condition, or other circumstance that may endanger
public health or safety, the permit holder shall immediately discontinue
operations and notify the regulatory authority. If a mobile food unit is closed or
operations have ceased for any of the above mentioned violations, they must
cease operation and shall not reopen until such time as the violations or repairs
have been completed and a re-inspection has been completed by the
regulatory authority.
(2) Mobile food unit violations shall be corrected immediately and within a time
specified by the regulatory authority, and not to exceed 24 hours following the
inspection identifying the violation, unless such time is extended by the
regulatory authority.
(3) Mobile food units closed by the regulatory authority shall not operate at any
location within the city limits of North Richland Hills until such time as a re-
inspection conducted by the regulatory authority determines that the
conditions responsible for the closure of the MFU no longer exist and any
other violations addressed by the regulatory authority have been resolved.
A reinspection fee may be charged by the regulatory authority if required to
determine compliance with this ordinance.
(c) Suspension of permit.
(1) The regulatory authority may, without notice or hearing, suspend any permit
authorized herein if the holder of this permit does not comply with the
requirements of the ordinance, or if the operation otherwise constitutes a
substantial hazard to the public health or safety. Suspension is effective upon
service of the notice as required in section 18-233. When a permit is
suspended, the holder of the permit, or the Person in Charge, shall be notified
in writing that the permit is, upon service of 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 by the holder of the permit, within ten (10) days of
Ordinance No.3792
Page 17 of 20
the issuance of the written notice by the City. The permit holder shall be
afforded a hearing within ten (10)days of the date on which the city is in receipt
of the written request for said hearing.
(2) If the permit holder or the Person in Charge of a MFU does not file a written
request for a hearing with the city within ten (10) days of the notice of
suspension, then the suspension is sustained. The city may end the
suspension at any time if the reason for suspension no longer exists.
(3) Whenever a mobile food unit permit is suspended under provisions of this
article, it shall not resume operations until such time as a reinspection by the
regulatory authority determines that conditions responsible for the suspension
of operations no longer exist and any other violations addressed by the
regulatory authority have been resolved. The opportunity for reinspection shall
be offered within a reasonable time during the hours of 8AM — 5PM, Monday
through Friday.
(d) Revocation of permit.
(1) The regulatory authority may, after providing opportunity for a hearing as
specified in subsection (c) of this section, revoke a permit for:
i. serious or repeated violations of the requirements of this article; or
ii. interference with the city's enforcement officer in the course of his or her
duties.
(2) The city shall notify the holder of the permit or 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 ten (10)days following service of such notice
unless a written request for a hearing is filed within the ten-day period.
(3) The permit holder shall be afforded a hearing within ten (10) days of the date
on which the city is in receipt of the written request for said hearing. If the permit
holder or the Person in Charge of a MFU does not file a written request for a
hearing with the city within ten (10) days of the notice of revocation, then the
revocation of the permit shall become final.
(4) Whenever a revocation of a permit has become final, the holder of the
revoked permit may make written application for a new permit after the
expiration of one year from the effective date of such revocation.
(e) It is a violation to operate a MFU during the period of suspension or revocation of
the MFU permit.
Ordinance No. 3792
Page 18 of 20
SECTION 2: Appendix A, Fee Schedule, Section 18-193, Mobile Food Unit permit fee
shall be amended to be $ $180.00
SECTION 3: Any Person, firm, corporation, or Property Owner who violates, disobeys,
omits, neglects or refuses to comply with or who resists the enforcement of
any of the provisions of this ordinance shall be fined not more than Five
Hundred Dollars ($500.00) for each offense. provided, however, that a
penalty for the violation of a rule, ordinance or police regulation that governs
fire safety, zoning, or public health and sanitation, including dumping of
refuse, shall be a fine not exceeding $2,000.00. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 4: This Ordinance shall be cumulative of all provisions of the Code of
Ordinances of the City of North Richland Hills, except where the provisions
of this Ordinance are in direct conflict with the provisions of such ordinances
and such Code, the provisions in this Ordinance shall control.
SECTION 5: It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this Ordinance are severable,
and, if any phrase, clause, sentence, paragraph or section of this Ordinance
shall be declared unconstitutional by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this
Ordinance, since the same would have been enacted by the City Council
without the incorporation in this Ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 6: All rights and remedies of the City of North Richland Hills are expressly
saved as to any and all violations of the provisions of any ordinances in the
Code of Ordinances of the City of North Richland Hills that have accrued at
the time of the effective date of this Ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending
in court or not, under such ordinances, same shall not be affected by this
Ordinance but may be prosecuted until final disposition by the courts.
SECTION 7: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty of this ordinance two times
in the official City newspaper.
SECTION 8: This ordinance shall become effective from and after its passage and
publication as required by Section 7 herein.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on this 17th day of May, 2023.
Ordinance No. 3792
Page 19 of 20
CITY NOR H RICHLAND HILLS
B Z/
H , y r r no, Mayor
ATTEST: dy
ILAz
Alicia Richardson ''a
City Secretary/Chief Go 'r,,,41re �icer
f�/1t�111 if.'J!'lRi�
APPROVED AS TO FORM AND LEGALITY:
/11)61A--(
Maleshia B. McGin is, City Attorney
APPROVAL RECOMMENDED:
Z."(.Wi
tefa a Martinez
Dire for of Neighborhood Services
Ordinance No. 3792
Page 20 of 20
Beautorr Garatte The Herald-Fc•=k Ht Hera!-i-!Miami Sur,N=,xs-Myrtle E- h
E II=.Mlle f1e.,_.-Den- •=rat Herald Eon-Durham M odeatj E_e Tree-iJe043 Tribune Tacoma
Bellingham,Herald Idaho Srar=man R alai gh t9-.vs Trio-T_legrapt,-Mai-or
q g r Bradenton H=rald Island Packet The =I rr Flan Fan Luiz Tribune-.
AP", V''it. .l., g 1 �� 1�t _entro Flatly TIME-3 kan-ys City Star Harald
Ch.ariotte+Fb'rer.er Le.in:L,rnHerald-Loader Fort'/cv-hiStar-T_G_ararn '•:Vichit Ea;fa
=olumton Lea-ler-Erryuir.r fter•=ad Fun-E'ar ThaStag,-Columbia
Fr rra Bee Miami Herald Sun Herald-6dc':.:1
AFFIDAVIT OF PUBLICATION
Account# Order Number Identification Order PO Amount Cols Depth
19363 423248 Print Legal Ad-IPL01235540-IPL0123554 $5624 1 60 L
Attention: ROBERT MYERS THE STATE OF TEXAS
CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT
PO BOX 820609
NORTH RICHLAND HILLS,TX 761820609 Before me,a Notary Public in and for said County
and State,this day personally appeared Stefani
Beard,Bid and Legal Coordinator for the Star-
treasury@nrhtx.com Telegram,published by the Star-Telegram,Inc.at
Fort Worth,in Tarrant County,Texas;and who,
CITY OF after being duly sworn,did depose and say that
NORTH RICHLAND HILLS
ORDINANCE NO.3792 the attached clipping of an advertisement was
AN ORDINANCE OF THE CITYOF
TEXAS,
published in the above named paper on the listed
NORTH RICHLAND HILLS, P P
RESTATING AND ADOPTING CHAP- dates:
TER 18,ARTICLE IV,DIVISION 6,OF
THE NORTH RICHLAND HILLS CODE
OF ORDINANCES,FOOD AND FOOD
ESTABLISHMENTS, MOBILE FOOD 1 insertion(s)published on:
UNITS; PROVIDING A PENALTY;
PROVIDING THAT THIS ORDINANCE 05/19/23
SHALL BE CUMULATIVE OF ALL OR-
DINANCES AND REPEAL OF CON-
FLICTING PROVISIONS;PROVIDING A
SEVERABILITY CLAUSE; PROVIDING
A SAVINGS CLAUSE; PROVIDING A
PENALTY;PROVIDING FOR PUBLICA-
TION;AND PROVIDING AN EFFECTIVE
DATE.
(a) Any Person, firm, association of
Persons,company,and corporation or
their agents,servants,employees,or
Property Owners violating or failing to
comply with any of the provisions of
this article shall be fined,upon convic-
tion,as provided in Section 1-13.A vi-
olation under this article Is declared to
be unlawful and a misdemeanor,with
such offense being punishable by a
fine not exceeding$500.00:provided, �-^ &6,tadf,e; //
however,that a penalty for the violation
of a rule,ordinance or police regula-
tion that governs fire safety,zoning,or
public health and sanitation,including
dumping of refuse,shall be a fine not
exceeding $2,000.00. Each day any Sworn to and subscribed before me this 19th day of
violation continues shall constitute a Mayin the year of 2023
separate and distinct offense.In addi-
tion to imposing a criminal penalty,the
city may,in accordance with Chapter
54, of the Texas Local Government
Code,as amended,bring a civil action
against a Person violating a provision
of this chapter.
PASSED AND APPROVED on this 17th
day of May,2023.
CRY OF NORTH RICHLAND HILLS
By:/s/Oscar Trevino
Mayor i �� r
Oscar Trevino,Mayor
ATTEST:
Cityt Alicia RichardsonSecretary/Chief
NotaryPublic in and for the state of Texas,residingin
Setry/Chi Governance Of-
ficer Dallas County
APPROVED AS TO FORM AND LE-
GALITY:
/s/Maleshia B.McGinnis :r*, STE PHAN IE HATCHER
Maleshia B.McGinnis,City Attorney z'a '
IPL0123554 :*: .*- My Notary IO 4133.534406
May 19 2023
Expires January 14,2026 t
Extra charge for last or duplicate affidavits.
Legal document please do not destroy!
EROAT IN 92023 I I FORT WORTH 039R-79EGRAAI I x
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