CHAPTER 4
BUSINESS REGULATIONS

   ARTICLE 4.01 GENERAL PROVISIONS

(Reserved)

   ARTICLE 4.02 FOOD ESTABLISHMENTS*

   Sec. 4.02.001     Adoption of state food establishment rules

The city council hereby adopts the regulations of food establishments.

   Sec. 4.02.002     Definitions

Authorized agent or employee. The designated employee of the regulatory authority.

City council. The Liberty Hill City Council.

Food establishment. An operation that stores, prepares, packages, serves, or otherwise provides food for human consumption such as a: food service establishment, retail food store, catering operation, institution, temporary food establishment, mobile food unit, and/or a roadside vendor.

Food handler. Any person in a food establishment who handles food or drink during preparation or serving; or who comes in contact with any eating or cooking utensils; or who is employed in an area where food or drink is prepared, served, transferred, stored, packed, sold, or otherwise handled.

Health official. The authorized representative of the Williamson County and Cities Health District (WCCHD).

State laws and rules. The state laws found in chapter 437 of the Texas Health and Safety Code and the state rules found at 25 Tex. Admin. Code chapter 229, sections 229.161–229.171, 229.173–229.175, and any other applicable state law or rule.

Regulatory authority. The WCCHD.

Working days. The days that WCCHD is open to conduct business with the public.

(Ordinance 03-O-16, sec. 2, adopted 4/28/03)

   Sec. 4.02.003     Permits

A person may not operate a food establishment without a permit issued by WCCHD. Permits are not transferred from one person to another or from one location to another location, except as otherwise permitted by this article. All permits expire on December 31 each year. A valid permit must be posted in or in every food establishment regulated by this article. (Ordinance 03-O-16, sec. 3, adopted 4/28/03)

   Sec. 4.02.004     Application for permit and fees

(a)     Any person desiring to operate a food establishment must make a written application for a permit on forms provided by WCCHD. The application must contain the names and address of each applicant, the location and type of the proposed food establishment and the applicable fee. An incomplete application will not be accepted. Failure to provide all required information, or falsifying information required may result on denial or revocation of the permit. Renewals of permits are required on an annual basis and the same information is required for a renewal permit as for an initial permit.

(b)     Prior to the approval if an initial permit or the renewal of an existing permit, WCCHD shall inspect the proposed food establishment to determine compliance with state laws and rules. A food establishment that does not comply with state laws and rules may be denied a permit or the renewal of a permit.

(c)     The following fee schedule applies to permits issued under this article:

(1)     Food establishments.

No. of Employees

Fees

  

1–15

$150.00

  

16–30

$250.00

  

31+

$300.00

     1/2 of application fee due after June 30

(2)     Additional inspection fees. $75.00. Each additional inspection increases by $25.00 and is cumulative.

(3)     Daycares.

Licensed No. of Children

Fees

  

13–40

$150.00

  

14–100

$250.00

  

101+

$300.00

(4)     Mobile food units.

1st unit

$100.00

  

Additional

$75.00

(5)     Sanitation inspection. Includes daycares with fewer than 13 children, daycares with more than 12 children but no food preparation, foster/adoptive homes: $60.00.

(6)     Food handler classes.

(A)     1-year card (all new employees and & Train the Trainer): $10.00.

(B)     2-year card: $15.00.

(7)     Remote class, new establishments. $50.00 + card fee per person. Between 9 a.m. and 4 p.m. Monday through Friday, minimum 50 students.

(8)     Train the trainer class. $25.00

(9)     Train the trainer video. $25.00.

(10)     Seasonal permits. $60.00, valid for 6 months.

(11)     Change of name/ownership. $25.00.

(12)     Establishment plan review.

(A)     Includes actual plan review and 2 preopening inspections $125.00.

(B)     Each additional preopening inspection: $60.00.

(13)     Permit reinstatement fee after suspension. $100.00.

(Ordinance 03-O-16, sec. 4, adopted 4/28/03)

   Sec. 4.02.005     Review of plans

Whenever a food establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a food establishment, properly prepared plans and specifications for such construction, remodeling or conversion shall be submitted to WCCHD for review before work is begun. Extensive remodeling means that 20% or greater of the area of the food establishment is to be remodeled. The plans and specifications shall indicate the proposed layout equipment arrangement, mechanical plans and construction of materials and work areas, and the type and model of proposed fixed equipment and facilities. The plans and specifications will be approved by WCCHD if they meet the requirements of the rules adopted by this article. The approved plans and specifications must be followed in construction, remodeling or conversion. (Ordinance 03-O-16, sec. 5, adopted 4/28/03)

   Sec. 4.02.006     Registration of food handlers

(a)     It shall hereafter be unlawful for any person operating any food establishment, to work or employ a food handler until such food handler has received a food handler’s registration certificate from the WCCHD that is valid during the time of such employment.

(1)     Issuance of registration certificates and payment of fees. WCCHD shall issue food handler’s registration certificates to food handlers who attend a food handler’s class offered throughout the county, or who satisfactorily pass a test from a “trainer” that became certified through WCCHD.

(2)     Education and examination of applicant. No food handler’s registration card shall be issued by WCCHD to any person required by law or by this article to have or exhibit such certificate until the applicant shall have met the following requirements:

(A)     Complete a class in basic food sanitation. The schedule, time and location of class sites will be announced by the director, environmental division, WCCHD. The primary emphasis of this orientation will be directed toward the food workers’ sanitation practices and behavior when working in a food establishment. It will be the responsibility of the person in charge of the food establishment to ensure that safe food practices are in use at all times.

(B)     Complete a “train the trainer” class. Food establishments who wish to train their own food handlers may do so after meeting the following conditions:

(i)     A food establishment employee must complete a two-hour “train the trainer” class. They must then train their own employees on site and administer the test supplied by WCCHD to their employees; or

(ii)     A food establishment employee who is certified to TEACH the state- certified food protection management class must submit an outline of the class they will be teaching and a copy of the test to be given the employees after the class is completed at their site.

(C)     WCCHD reserved the right to suspend this option as a method for obtaining food handler cards.

(3)     Display of food handler cards. Upon completion of the prescribed orientation and the necessary administrative processing, each individual will be issued a food handler’s card that will be posted at the place of employment in a location readily accessible to the health official for verification.

(4)     Managers and supervisory personnel. Managers, assistant managers, and shift supervisors who have completed the state-certified food protection managers course will not be required to obtain a food handler’s card from WCCHD, but must post their certification from the state with the employee’s cards.

(b)     Issuance and effective period of food handler’s cards. After the above has been accomplished, the applicant shall thereupon be issued a food handler’s card from WCCHD, which shall be valid for the time period stipulated on the certificate.

(Ordinance 03-O-16, sec. 6, adopted 4/28/03)

   Sec. 4.02.007     Suspension of permit

(a)     WCCHD may without warning, notice, or hearing suspend any permit to operate a food establishment if the operation of the food establishment constitutes an imminent hazard to public health. Suspension is effective upon service of the notice in writing to the person in charge. When a permit is suspended, food operations shall immediately cease. Whenever a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing within five (5) working days of a request for a hearing.

(b)     Whenever 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 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 hearing officer by the holder of the permit within five (5) working days. If no written request for hearing is filed within five days, the suspension is sustained. WCCHD may end the suspension at any time if reasons for suspension no longer exist.

(Ordinance 03-O-16, sec. 7, adopted 4/28/03)

   Sec. 4.02.008     Revocation of a permit

(a)     The regulatory authority 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 regulatory authority in the performance of its duties. Prior to revocation, the regulatory authority 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 five (5) working days following service of such notice unless a written request for a hearing is filed with the regulatory authority by the holder of the permit within such five-day period.

(b)     If no request for a hearing is filed within the five-day period, the revocation of the permit becomes final.

(Ordinance 03-O-16, sec. 8, adopted 4/28/03)

   Sec. 4.02.009     Enforcement of article

(a)     Food establishments shall be inspected a determined number of times during a calendar year according to risk factors set by the state department of health (TDH). High-risk establishments, that prepare and serve potentially hazardous food and/or serve a highly susceptible population, shall be inspected a minimum of four (4) times a calendar year. Establishments that serve only prepackaged, nonpotentially hazardous foods shall be inspected a minimum of two (2) times a calendar year.

(b)     Additional inspections of food establishments shall be performed as deemed necessary to protect against public health hazards or nuisances. Additional fees are charged to the establishment for these visits. Visits associated with unsubstantiated complaints received by this office will not required an additional fee.

(c)     Following are guidelines for enforcement of these rules in an establishment that earns more than thirty (30) demerits on multiple inspections during a twelve-month period:

(1)     First failure. “Unsatisfactory” placard shall be posted on front door or window and shall not be covered from sight, defiled, or removed until an inspection is performed earning thirty (30) or fewer demerits. The follow-up inspection will occur within two (2) working days of the failed inspection.

(2)     Second failure, within twelve (12) months of first failure. “Unsatisfactory” placard shall be posted on front door or window and shall not be covered from sight, defiled, or removed until an inspection is performed earning thirty (30) or fewer demerits. The permit shall be suspended and the operations of the establishment shall cease immediately. The establishments shall remain closed for a minimum of 48 hours and fulfill the following requirements before reopening:

(A)     The management of the establishment must meet with and submit a written plan of action to the environmental division or his appointee. The plan of action shall address critical violation of the previously failed inspections.

(B)     A reinstatement fee of $100.00 will be paid to the WCCHD Environmental division located at 303 Main, Georgetown, Texas, 78626.

(C)     A follow-up inspection will be conducted within one (1) working day of fulfillment of the requirements listed under subsections (1) and (2) above.

(D)     The establishment shall be placed on a thirty (30) day inspection schedule until two (2) consecutive inspections result in a score of thirty (30) or fewer demerits.

(3)     Third failure, within twelve (12) months of first failure. “Unsatisfactory” placard shall be posted on front door or window and shall not be covered from sight, defiled, or removed. The person in charge shall be notified in writing of the intent of WCCHD to permanently revoke their permit.

(Ordinance 03-O-16, sec. 9, adopted 4/28/03)

   Sec. 4.02.010     Penalties

In addition to any other penalties hereinbefore provided and unless another penalty is in this article provided, whoever shall do any act or thing required by the terms of this article, or in anywise violate the provisions thereof, shall be fined not less than $200.00 dollars nor more than $500.00 dollars. It shall not be necessary for the complaint to allege or to prove that the act or omission was knowingly done or omitted. (Ordinance 03-O-16, sec. 10, adopted 4/28/03)

   ARTICLE 4.03 PEDDLERS AND SOLICITORS*

   Division 1. Generally

   Sec. 4.03.001     Definitions

Peddler. Any person who engages in commercial activities within the corporate limits of the city by carrying goods or merchandise and selling or offering for sale for immediate delivery such goods or merchandise from house-to-house, business-to-business, or upon public property.

Solicitor. Any person who solicits or attempts to solicit, from house-to-house, business-to-business, or upon public property, funds or orders for services, commercial goods, wares, merchandise, subscriptions or publications to be delivered at a future date or time.

(Ordinance 06-O-70, sec. 2, adopted 9/25/06)

   Sec. 4.03.002     Hours and places of solicitations

(a)     No peddler or solicitor may conduct activities defined in section 4.03.001 except between the hours of eight a.m. and sunset.

(b)     No peddler or solicitor may peddle or solicit in the public streets, or from medians in the streets, within the city limits, or in any way block, obstruct, or unduly hinder passage on public streets within the city limits.

(Ordinance 06-O-70, sec. 14, adopted 9/25/06)

   Sec. 4.03.003     No solicitor signs

Any peddler or solicitor who conducts or attempts to conduct business at a place where a sign clearly indicates that solicitors or peddlers are unwelcome is in violation of this article. (Ordinance 06-O-70, sec. 15, adopted 9/25/06)

   Sec. 4.03.004     Penalties

Any person who violates any portion of this article is guilty of a misdemeanor and shall upon conviction be subject to a fine of not more than five hundred dollars ($500.00). Each incident that violates this article shall be considered a separate offense. (Ordinance 06-O-70, sec. 16, adopted 9/25/06)

   Secs. 4.03.005–4.03.030     Reserved

   Division 2. Permits

   Sec. 4.03.031     Required

It is unlawful for any peddler or solicitor to engage in business within the city without first obtaining a permit from city hall. (Ordinance 06-O-73, sec. 2, adopted 10/9/06)

   Sec. 4.03.032     Exemptions

(a)     The following are excluded from permitting provisions:

(1)     Newspaper carriers;

(2)     Farmers who sell agricultural products that were raised or grown by them;

(3)     Locally based nonprofit organizations;

(4)     Religious proselytizing or distribution of religious literature;

(5)     Political speech; or

(6)     Canvassers who attempt only to distribute handbills or to solicit political support or to determine opinions or sentiments.

(Ordinance 06-O-70, sec. 4, adopted 9/25/06)

(b)     Persons who are exempt from the permitting requirements pursuant to subsection (a), above, shall be subject to the provisions of this section and 4.03.033; and are encouraged to notify the city hall as to the approximate dates of the door-to-door activities, and the areas in which they will be working. (Ordinance 06-O-73, sec. 3, adopted 10/9/06)

   Sec. 4.03.033     Written application required

Any peddler or solicitor desiring to engage in activities as a peddler or solicitor within the city must file a written application for permit with the city hall, which application shall give the following information:

(1)     Applicant’s name, telephone number, address, birth date, physical description, finger or thumbprint, criminal history check from the state department of public safety, and either:

(A)     Driver’s license number and state; or

(B)     Social Security Number and an official, government-issued picture identification card.

(2)     If the applicant is peddling or making solicitations for any commercial, charitable or political organization, the name, telephone number and address of such organizations.

(3)     Full and complete list of goods to be sold and/or services to be delivered.

(4)     For each individual involved in the peddling or solicitation campaign: name, telephone number, address, birth date, physical description, and either:

(A)     Driver’s license number and state; or

(B)     Social Security Number and an official, government-issued picture identification card.

(5)     Description (year, make, type) and license plate number and state of all vehicles to be used in soliciting and peddling.

(6)     Applicant must provide original identifying documents to the police services records section upon request.

(Ordinance 06-O-70, sec. 5, adopted 9/25/06; Ordinance 06-O-73, sec. 4, adopted 10/9/06)

   Sec. 4.03.034     Fees

All peddlers and solicitors not exempted by section 4.03.035 shall pay a permit fee to the city. Said fee shall be set by separate ordinance of the city council. (Ordinance 06-O-73, sec. 5, adopted 10/9/06)

   Sec. 4.03.035     Same–Exemptions

The following are exempt from the permit fee:

(1)     Any individual soliciting or peddling for a philanthropic, charitable, political or religious organization.

(2)     Any individual engaged in interstate commerce.

(Ordinance 06-O-70, sec. 7, adopted 9/25/06)

   Sec. 4.03.036     Denial

(a)     A copy of the application for permit will be referred to the police department who will undertake an investigation of the applicant’s record and background, such as shall be reasonably necessary to protect the public. An application for permit under this article may be denied where:

(1)     Required application information is incomplete or incorrect.

(2)     Applicant is currently wanted on warrant for arrest.

(3)     Applicant has been convicted of any offense reportable by the city to the state department of public safety or the Federal Bureau of Investigation under “Index Crimes” part I and/or group A of the National Incident Base Reporting System or Crime Index programs or other law enforcement reporting system (e.g. aggravated assault, burglary, forcible rape, larceny-theft, motor vehicle theft, murder, nonnegligent manslaughter, and robbery).

(b)     If the police department denies a permit, applicant may appeal this decision in writing to the chief of police, which may affirm, modify or reverse the decision of the police services records section.

(Ordinance 06-O-70, sec. 8, adopted 9/25/06)

   Sec. 4.03.037     Issuance, duration

(a)     If the city hall finds that the application is completed in conformance with section 5 though 8, a permit shall be issued within ten working days. The permit shall be the original application under section 5, with an official stamp indicating approval by the city hall. Each permit will be valid for 12 months from date of issue.

(b)     The permittee is required to notify the city hall before any peddling or soliciting under the issued permit is conducted in any new calendar month after the issuance of the permit. At this time, the permittee will update any information required under section 5 that has changed.

(c)     The city hall will retain one copy of the approved permit for official records. The permit may not be represented as an endorsement or approval by the city of the purposes of a solicitation or a product offered by the permittee.

(d)     Only those peddlers or solicitors whose names are listed on the approved application may conduct business under the issued permit. If any new peddlers or solicitors join the campaign after the original permit is issued, they must supply the city hall with the information required in section 5.

(Ordinance 06-O-73, sec. 6, adopted 10/9/06)

   Sec. 4.03.038     Display

Each peddler or solicitor will carry his or her permit at all times while engaging in business in the city. Upon request or demand, the peddler or solicitor will exhibit the permit to indicate compliance with all of the relevant requirements of this article. (Ordinance 06-O-70, sec. 10, adopted 9/25/06)

   Sec. 4.03.039     Nontransferability

Permits issued under the provisions of this article are not transferable in any situation and will be clearly marked “not transferable.” (Ordinance 06-O-70, sec. 11, adopted 9/25/06)

   Sec. 4.03.040     Suspension

(a)     The chief of police or the chiefs designee may, upon documented complaint or violation of law, suspend and confiscate a permit issued under this article.

(b)     Peddlers and solicitors whose licenses are suspended have three business days during which to request an administrative review of the suspension. If request for administrative review is not made within three working days, the permit is revoked.

(Ordinance 06-O-70, sec. 12, adopted 9/25/06)

   Sec. 4.03.041     Revocation

(a)     Upon permittee’s request, the police department shall provide the permittee with written notice containing particulars of any and all complaints against him or her, and the time, date and place for an administrative review of the suspension.

(b)     The police department will conduct an administrative review to determine whether the permit shall be restored or revoked.

(c)     After notice and review, the police department may revoke any permit issued under this article for the following reasons:

(1)     Fraudulent statements, omissions on permit application or in conduct of permitted business;

(2)     Violation of law;

(3)     Endangerment of public welfare, health or safety.

(d)     If the police department revokes a permit, applicant may appeal this decision in writing to the city council, which may affirm, modify, or reverse the decision of the police department.

(e)     Revocation of any permit shall bar the permittee from eligibility for any person under this article for a period of one year.

(Ordinance 06-O-70, sec. 13, adopted 9/25/06)

   ARTICLE 4.04 SALE OF ALCOHOLIC BEVERAGES*

   Sec. 4.04.001     Definitions

In this article, unless otherwise stated, a word or term used herein shall have a meaning consistent with the Texas Alcoholic Beverage Code.

Place of business. The location of the business where a permit or license for the sale of alcohol is sought, as identified in the application for the permit or license, including the grounds and all buildings, vehicles, and appurtenances pertaining to the grounds, along with any adjacent premises if they are directly or indirectly under the control of the same person or entity.

   Sec. 4.04.002     License required and penalty

(a)     Any person wishing to manufacture, distill, brew, sell, possess for the purpose of sale, transport, import into the state, export from the state, distribute, warehouse or store any alcoholic beverage, solicit or take orders of alcoholic beverages, sell, bottle, rectify, blend, treat, fortify, mix or process alcoholic beverages, or engage in any other activity related to alcoholic beverages for which the state requires a permit or license, shall apply for a license for each permit or license required by the state from the city by filing an application with the city secretary, using the form prescribed by the city secretary. Once a completed application is filed with the city secretary, the city secretary shall verify the information contained in the application within ten (10) business days of its receipt.

(b)     No license required under the terms of this section shall be issued to any person until he shows that he holds a valid state permit or license for the particular alcoholic beverage activity in which he desires to conduct in the city and until the fee required by the city for such license has been paid. The city shall levy and collect a fee for each place of business requiring such a license in an amount equal to one-half the permit or license fee charged by the state pursuant to the Texas Alcoholic Beverage Code.

(c)     Any license issued under this section may be revoked or suspended by the city council upon a finding of a violation of any applicable provisions of this article or the Texas Alcoholic Beverage Code.

(d)     The holders of the following permits or licenses issued by the state pursuant to the Texas Alcoholic Beverage Code are exempt from the fee required by this section:

(1)     Agent’s, airline beverage, passenger train beverage, industrial, carrier’s, private carrier’s, private club registration, local cartage, storage, and temporary wine and beer retailer’s permits;

(2)     A wine and beer retailer’s permit issued for a dining, buffet or club car;

(3)     A mixed beverage permit during the three-year period following the issuance of the permit; and

(4)     A temporary or agent’s beer license.

(e)     It is unlawful for an applicant to sell an alcoholic beverage without first obtaining and paying for the license required under this section. Any person who violates a provision of this section, upon conviction thereof, shall be fined not less than $10.00 and not more than $200.00. Any person who shall aid, abet, or assist in a violation of any provision of this article shall be fined not less than $10.00 and not more than $200.00. Each day a violation occurs shall be considered a separate offense.

   Sec. 4.04.003     Duration of license

All licenses issued under the terms of this article shall expire one year from the date of issuance. No license shall be issued for a term longer than one year.

   Sec. 4.04.004     Transfer of license

Any license issued under the provisions of this article shall not be transferable or assignable except in accordance with state law.

(Ordinance 15-O-03 adopted 1/26/15)

   ARTICLE 4.05 MOBILE FOOD ESTABLISHMENTS

   Sec. 4.05.001     Popular name

This article may commonly be referred to as the “mobile food establishment ordinance.”

   Sec. 4.05.002     Scope of jurisdiction

All of the provisions of this article shall apply within the city limits (i.e., incorporated municipal boundary) of the city.

   Sec. 4.05.003     Definitions

Food court. Two or more mobile food establishments in the same location.

Food establishment. An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption:

(1)     Such as a restaurant; retail food store; satellite or catered feeding location; catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people; market; vending location; institution; or food bank; and

(2)     That relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.

Location. A mobile food establishment must relocate at least 2,000 feet from its current work location in order to not be considered located in the “same location.”

Mobile food establishment. A vehicle-mounted food establishment that is readily moveable.

Mobile store/mobile establishment. A vehicle-mounted retail store that is readily moveable, and provides goods and/or services directly to a consumer. A mobile store includes (but is not limited to) a self-propelled motor vehicle or trailer, including a recreational vehicle, motor home, travel trailer or camper trailer. A mobile food establishment is an example of a mobile store. The term mobile store includes a mobile establishment.

Permit. A license, certificate, approval, registration, consent, contract or other form of authorization required by law, rule, regulation, order or ordinance that a person shall obtain to perform an action or initiate, continue, or complete a project for which the permit is sought.

Person. A human individual, agency, association, corporation, partnership or sole proprietorship.

Site. A platted or unplatted lot in the city limits treated as a single tract for purposes of the assessment of property taxes. A site may be identified by its address, or legal property description and must have the proper zoning classification.

   Sec. 4.05.004     Water and electricity

(a)     Water provided or used by the mobile food establishment shall not come from a temporary connection to potable water.

(b)     Electricity shall be only from a generator or an electrical outlet via a portable cord that conforms to the city’s electrical code and permitted by any provider.

(c)     Water and electricity shall not be provided by the city.

   Sec. 4.05.005     Fire safety

Mobile food establishments shall comply with all city fire and explosion safety standards. This requirement also applies to mobile food establishments that:

(1)     Maintain food at a hot holding temperature by mechanical means; and

(2)     Use a pressurized fuel system or container.

   Sec. 4.05.006     Trash

All mobile food establishments shall:

(1)     Be equipped with an attached trash receptacle approved by the city’s health authority;

(2)     Hold, store, and dispose of solid and liquid waste in a receptacle approved by the health authority and comply with any other applicable city code requirements;

(3)     Provide a trash receptacle for use by customers; and

(4)     Maintain the area around the mobile unit clear of litter and debris at all times.

   Sec. 4.05.007     Provisions

(a)     All mobile food establishments shall comply with all Williamson County and Cities Health District (WCCHD) adopted health regulations regarding:

(1)     Time, temperature, plumbing, operation and maintenance requirements for mobile food establishments;

(2)     A mandatory central preparation facility, serving area, and operations;

(3)     Mandatory employee training by an accredited food handler training provider;

(4)     All requirements prohibiting alteration, removal, attachments, placement or change in, under, or upon the mobile food establishment that would prevent or otherwise reduce ready mobility of the mobile food establishment unit.

(5)     All mobile food establishment employees shall acquire a food handling registration card from the WCCHD.

(b)     All mobile food establishment courts with multiple establishments set up shall provide city-approved portable restrooms for employees and made available to the customers.

(c)     The city shall require a mobile food establishment to come, on an annual basis, to a location designated by the WCCHD authority for an inspection.

(d)     The city may require that mobile food establishments found to violate this section shall come for a reinspection at a location designated by the WCCHD.

(e)     All mobile food establishments are required to store all food and supplies within the mobile unit.

(f)     All mobile food establishments are required to have displayed on the mobile unit the proper WCCHD-issued permits and licenses in order to operate within the city, including city sales tax certificates.

(g)     All mobile food establishments are permitted to operate only in downtown commercial/retail (C-2) and general commercial/retail (C-3) zoning districts. Mobile food establishments are also permitted to operate in the city park (located on County Road 200).

(h)     All mobile food establishments are prohibited from operating between the hours of 10:00 p.m. and 6:00 a.m.

(i)     All mobile food establishments are prohibited from being located within 100 feet of a restaurant of general use or a restaurant of limited use unless granted permission from all said restaurants. The noise level of mechanical equipment or outside sound equipment used in association with any mobile food establishment may not exceed 70 decibels when measured at the property line that is across the street from or abutting a residential use.

(j)     A drive-in service is not permitted for any mobile food establishment.

(k)     Exterior lighting shall be shielded or directed in a manner that does not cause a distraction to the general public.

(l)     All mobile food establishments are limited to signs attached to the exterior of the mobile establishment. The signs:

(1)     Shall be secured and mounted flat against the mobile unit;

(2)     Shall not project more than six inches from the exterior of the mobile unit; and

(3)     Shall not exceed 50% of the side of the surface area of the vehicle, trailer, etc., to which it is affixed.

(m)     All mobile food establishments shall comply with the Federal Americans with Disabilities Act.

   Sec. 4.05.008     Permit required

(a)     It is an offense for a person to operate and/or conduct sales at a mobile food store in the city limits without a mobile food establishment permit. An offense under this article is a misdemeanor.

(b)     It is an offense for a person to erect, install or park a mobile food store in the city limits without a mobile food establishment permit. An offense under this article is a misdemeanor.

   Sec. 4.05.009     Permit application

A person who seeks to operate a mobile food establishment:

(1)     Shall submit a written application to the city;

(2)     Shall include with the application:

(A)     The name, current and former residence and business address, current residence and business telephone number, and occupation of applicant. If applicable, the local address and telephone number where the applicant may be reached;

(B)     The social security number and birth date of the applicant, valid driver’s license number, expiration date and state issuing it;

(C)     Two recent photographic likenesses of the applicant’s face, which photographs shall not be less than one inch square or larger than two inches square in size. One photograph shall be kept with the application and one photograph shall be attached to the license;

(D)     Positive photo identification issued to the applicant by a governmental agency;

(E)     A description of the goods to be sold;

(F)     The address of the location, or detailed description of the location, from which such goods shall be offered for sale;

(G)     The name, address, and telephone number of the owner of the property at such location;

(H)     Written consent by the owner or the duly authorized agent of the owner of the property at the location from which the applicant proposes to offer the goods for sale;

(I)     Proof of sales tax certificate;

(J)     Proof of sales tax report;

(K)     Approved WCCHD permits; and

(L)     Proof of satisfactory completion of the WCCHD food handler training for all employees.

   Sec. 4.05.010     Fee; term

(a)     Any person who is required to obtain a permit by this article may apply for a one-day, thirty-day, or a six-month license.

(b)     When a one-day permit is issued to any such person, the applicant shall pay, at the time the permit is picked up, to the city a fee of $20.00.

(c)     When a thirty-day permit is issued to any such person, the applicant shall pay, at the time the permit is picked up, to the city a fee of $100.00.

(d)     When a six-month permit is issued to any such person, such person shall pay, at the time the permit is picked up, to the city a fee of $400.00. No permit issued under the provisions of this article shall be issued for a longer period than six (6) months.

(e)     Not later than three (3) days after a completed application is filed, the applicant shall be notified in writing of the decision of the issuance or denial of the permit unless the day filed is a Thursday or Friday. Then the applicant shall be notified not later than six (6) business days after a completed application is filed.

   Sec. 4.05.011     Permit revocation

A establishment’s mobile food establishment permit shall be revoked if any of the provisions of this article are not strictly adhered to.

   Sec. 4.05.012     Special exceptions

Exceptions for relief of hardship caused by this article may be made in writing to the city council. Special exceptions may be granted by city council when it determines in writing that one or more of the conditions listed below are satisfied:

(1)     Undue hardship.

(A)     The applicant shall otherwise suffer undue hardship, that being something beyond or in addition to financial hardship;

(B)     The current regulations are adequate to address the particular type of development and construction proposed by the applicant;

(C)     It is in the public’s interest to allow a limited exception to this article in the particular instance; and

(D)     Authorizing the special exception will not adversely impact neighboring properties.

(2)     Grandfathered. The site has grandfathered development status that has been recognized by the city in accordance with this code.

   Sec. 4.05.013     Enforcement and penalties

The city shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief and civil penalty up to five hundred dollars ($500.00) a day, as well as prosecution for criminal violations, punishable by a fine not to exceed two thousand dollars ($2,000.00). Any violation of this article is hereby declared to be a nuisance and the enforcement provisions of section 4.02.009 of this chapter applies to this article.

(Ordinance 15-O-02 adopted 1/12/15)