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HomeMy WebLinkAboutORD 2026-050 (2) ORDINANCE NO. 2026-050 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES CHAPTER 12, HEALTH AND SANITATION, ARTICLE I, FOOD ESTABLISHMENTS, ARTICLE II, AMENDMENTS/ADMINISTRATION, ARTICLE III, ENFORCEMENT AND CHAPTER 23, TRAFFIC, ARTICLE ll, OPERATION OF VEHICLES, SECTION 23-19, VIOLATIONS OF STOPPING, STANDING, AND PARKING REGULATIONS UNLAWFUL, OF THE CITY OF GRAPEVINE'S CODE OF ORDINANCES TO UPDATE REGULATIONS PERTAINING TO FOOD ESTABLISHMENTS, MOBILE FOOD ESTABLISHMENTS/ UNITS/VENDORS, AND THE PARKING AND OPERATION OF MOBILE FOOD ESTABLISHMENTS/UNITS/VENDORS WITHIN THE CITY (AM26-03); PROVIDING A PENALTY, NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH SEPARATE OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine is authorized to adopt ordinances to protect the health, safety, and welfare of its citizens; and WHEREAS, the City of Grapevine has adopted regulations governing food establishments in Chapter 12, Health and Sanitation, Article I of the Code of Ordinances to protect the public health, safety, and welfare and to ensure the safe preparation, handling, and service of food within the city; and WHEREAS, during the 89th Texas Legislative Session, the Texas Legislature adopted House Bill 2844 and other amendments to the Texas Health and Safety Code affecting the regulation, permitting, and operation of food establishments and mobile food units/vendors throughout the State of Texas; and WHEREAS, the City of Grapevine has an interlocal agreement with Tarrant County Public Health, the City's designated health authority, to review existing local regulations and identify amendments necessary to maintain consistency with current state law, administrative regulations, and food safety standards; and WHEREAS, the City Council finds that the proposed amendments will update outdated references, remove provisions preempted by state law, clarify permitting and Ordinance No. 2026-050 1 inspection requirements, and improve the administration and enforcement of food establishment regulations while continuing to protect the public health, safety, and welfare of the residents and visitors of the City of Grapevine; and WHEREAS, the City Council further finds that adoption of these amendments is in the public interest and will promote consistency between the City's Code of Ordinances, the Texas Health and Safety Code, the Texas Food Establishment Rules, and regulations administered by Tarrant County Public Health and the Texas Department of State Health Services, and WHEREAS, the City Council desires to amend regulations governing mobile food units/vendors to ensure consistency with applicable state law while preserving the City's authority to regulate traffic safety and the use of public rights-of-way; and WHEREAS, the City Council finds that the operation, parking, standing, or stopping of motor vehicles, including mobile food units/vendors, in a manner that blocks, impedes, or interferes with vehicular traffic, emergency vehicle access, bicycle traffic, pedestrian travel, or other lawful use of the public right-of-way including trails is contrary to the public health, safety, and welfare and should be prohibited. WHEREAS, the City Council finds that these changes are in the best interest of the public and will enhance the clarity, equity, and effectiveness of the City's code enforcement efforts. WHEREAS, the City of Grapevine has determined that it is a necessity to regulate the activities and entities as provided for herein to safeguard the public; and WHEREAS, the City of Grapevine is authorized by law to adopt the provisions contained herein, and all constitutional and statutory prerequisites for the approval of this Ordinance have been met, including but not limited to the Open Meetings Act; and WHEREAS, the City Council has determined that amendment to Chapter 12, Health and Sanitation, and Chapter 23, Traffic of the Code of Ordinances is in the best interest of the health, safety, and welfare of the City of Grapevine and the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. Chapter 12, Health and Sanitation, Article I. Food Establishments, Division 1. Generally, is hereby deleted in its entirety and replaced, to read as follows: Ordinance No. 2026-050 2 ARTICLE 1. FOOD ESTABLISHMENTS DIVISION 1. GENERALLY Sec. 12-1. Purpose. The purpose of these rules is to safeguard public health and provide to consumers food that is safe, unadulterated, and honestly presented. Sec. 12-2. Designation of health authority. The city designates Tarrant County Public Health as its health authority for the purpose of ensuring minimum standards of environmental health and sanitation within the scope of that department's function. In the event there are any conflicts between the regulations in Section 12, Article 1, Food Establishments of the City of Grapevine Code of Ordinances and Chapters 437 and 437B of the Texas Health and Safety Code, Chapters 437 and 437B shall take precedence. Sec. 12-3. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings as ascribed to them in this section, except where the context clearly indicates a different meaning: Adulterated food. A food containing any poisonous or deleterious substance as specified in the V.T.C.A., Health and Safety Code § 431.081. Approved:Acceptable to health services based on a determination of conformity with principles, practices, and generally recognized standards that protect public health. Beverage: A liquid for drinking, including water. Building official: The officer or other designated authority charged with the administration and enforcement of this code, or the building official's duly authorized representative. Cottage food production operation: an individual, operating out of the individual's home, or a nonprofit organization that (Section 437.001, Texas Health and Safety Code): (A) produces at the individual's home or the home of an individual who is a director or officer of the nonprofit organization, as applicable, any food other than: (i) meat, meat products, poultry, or poultry products; (ii) seafood, including seafood products, fish, fish products, shellfish, and shellfish products; (iii) ice or ice products, including shaved ice, ice cream, frozen custard, popsicles, and gelato; (iv) low-acid canned goods, (v) products containing cannabidiol or tetrahydrocannabinol; or Ordinance No. 2026-050 3 (vi) raw milk and raw milk products, (B) has an annual gross income of $150,000 or less from the sale of food described by Paragraph (A), as the department annually adjusts for inflation using the Consumer Price Index for All Urban Consumers (CPI-U) published by the United States Bureau of Labor Statistics or its successor in function; (C) sells the foods produced under Paragraph (A) directly to consumers or to a cottage food vendor, and (D) delivers products to the consumer or cottage food vendor at the point of sale or another location designated by the consumer or cottage food vendor. Cottage food vendor a person located in this state who: (A) has a contractual relationship with a cottage food production operation; and (B) sells directly to consumers located in this state on behalf of the cottage food production operation a food other than a time and temperature control for safety food. Consumer. A person who is a member of the public, purchases and takes possession of food, is not functioning in the capacity of an operator of a food establishment or food processing plant, and does not offer the food for resale. Department: The Texas Department of State Health Services (DSHS). Easily cleanable.A characteristic of a surface that allows effective removal of soil by normal cleaning methods; is dependent on the material, design, construction, and installation of the surface; and varies with the likelihood of the surface's role in introducing pathogenic or toxigenic agents or other contaminants into food based on the surface's approved placement, purpose, and use. Employee: Any person manufacturing, packaging, producing, processing, storing, selling, offering for sale, vending, preparing, serving, or handling any food in a food establishment. Farmer's Market: a designated location used for a recurring event at which a majority of the vendors are farmers or other food producers who sell food directly to consumers. (Subsection 437.020, Texas Health and Safety Code) Food: A raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum. Food establishment:An operation that provides food for human consumption: a food service establishment retail food store catering operation, if the operation provides food directly to a consumer or to a conveyance used to transport people; farmer's market institutions and food This also includes any service that delivers food directly to consumers or through delivery services, including grocery orders and restaurant takeout. Ordinance No. 2026-050 4 A. Food establishment includes- (i) an element of the operation, such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted by the regulatory authority; and (ii) an operation that is conducted in a mobile, stationary, temporary, or permanent facility or location and where consumption is on or off the premises regardless if there is a charge for the food. B. Food establishment does not include: (i) an establishment that offers only prepackaged foods that are not time/temperature control for safety (TCS) foods; (ii) a produce stand that only offers whole, uncut fresh fruits and vegetables; (iii) a food processing plant, including one that is located on the premises of a food establishment; (iv) a cottage food production operation; (v) a bed and breakfast limited as defined in this section; or (vi) a private home that receives catered or home-delivered food. Food handler: Any person who prepares, serves, packages or handles open food or drink, or who handles clean utensils, pots, pans, or single-service items. Food supply center.' A commercial food service operation where food, food containers, or food supplies are kept, handled, prepared, packaged, or stored. It cannot be a residential kitchen and is maintained in accordance with state regulations. Health services: Tarrant County Public Health. Mobile food establishment: A self-contained food service operation that is mounted on a vehicle, either self-propelled or otherwise, and is designed to be mobile. It can be used to store, prepare, display, serve or sell food. It must be able to always move, does not include a stand or booth. Mobile food vendor or MFV: Any person who dispenses food or beverages from a food vending vehicle for immediate service or consumption. An MFV may cook, cool, hold, prepare, reheat, or conduct other activities allowed by the Food Code to fulfill food orders for immediate consumption. An MFV may not perform food manufacturer or food wholesaler activities under Texas Health and Safety Code Chapter 431. An MFV does not include any operation that is not readily moveable. MFVs are divided into three categories (25 Texas Administrative Code Chapter 226.2): Ordinance No. 2026-050 5 A. Type 1--an MFV that dispenses only non-time and temperature control for safety (TCS) prepackaged food and does not sell TCS beverages, or an MFV that otherwise poses a low risk of harm to the public as determined by the department; B. Type 11--an MFV that dispenses prepackaged TCS foods or food that requires limited handling and preparation, or TCS foods that are prepared to order and served for immediate consumption; processes may include preparing, cold holding, thawing, and/or reheating of commercially processed and/or packaged products for immediate consumption; and C. Type III--an MFV that prepares, cooks, holds, and serves food from a food vending vehicle; processes may include hot holding, cold holding, thawing, cooking, cooling, reheating, or conducting other activities allowed by the Food Code. Mobile food unit or food vending vehicle: A food vending vehicle and a mobile food unit shall mean the same thing: Any vehicle that is a self-enclosed food service establishment (including catering trucks, trailers, push carts, and roadside vendors) that operates to store, prepare, display, or sell food as a food establishment and is designed to be readily movable. A food vending vehicle may be self- or otherwise-propelled or be vehicle-mounted.A food vending vehicle does not include a stand or a booth (25 Texas Administrative Code Chapter 226.2). Mobile food unit owner/operator. The individual or entity responsible for owning, managing, or operating a mobile food unit or food vending vehicle, which is any vehicle that operates as a food service establishment and is designed to be readily movable, and who dispenses or oversees the dispensing of food or beverages for immediate service or consumption (25 Texas Administrative Code Chapter 226.2). Nonprofit organization: An organization exempt from federal income tax under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code. This definition shall be consistent with its definition in subsection 437 (5-a) in the Texas Health and Safety Code. Packaged. Bottled, canned, cartoned, securely bagged, or securely wrapped, whether packaged in a food establishment or a food processing plant. The term does not include a wrapper, carryout box, or other nondurable container used to containerize food with the purpose of facilitating food protection during service and receipt of the food by the consumer. Permit. The document issued by health services that authorizes a person to operate a food establishment. Permit holder.' The entity that is legally responsible for the operation of the food establishment such as the owner, the owner's agent, or other person; and who possesses a valid permit to operate a food establishment. Person in charge. The individual present at a food establishment who is responsible for the operation at the time of inspection. Ordinance No. 2026-050 6 Temporary food establishment: A food establishment that operates for a period of one (1) to five (5) days or six(6) to 14 days_in conjunction with a single event or celebration no more than four times a year. Vending machine:A self-service device that, upon insertion of a coin, paper currency, token, card, or key, dispenses unit servings of food in bulk or in packages without the necessity of replenishing the device between each vending operation. Sec. 12-4. Fees. (a) Health services shall charge fees for food establishments in addition to those charged by the building services department. (b) The fees shall be set forth in a schedule adopted by Tarrant County Public Health Department and the city council. (c) The fee schedule shall be available to the public at the health services office and online with the Tarrant County Public Health Department. Section 3. Chapter 12, Health and Sanitation, Article I. Food Establishments, Division 2. Amendments/Administration, is hereby deleted in its entirety and replaced, to read as follows: DIVISION 2. AMENDMENTS/ADMINISTRATION Sec. 12-5. Regulations adopted and amendment standards. The provisions of the current rules or rules as amended are herein adopted together with the additions, deletions, and amendments hereinafter contained in 25 Texas Administrative Code, Chapter 228. Sec. 12-6. Food handler training course required. (a) Employees of a food establishment (fixed or mobile food vendor) who are involved in the preparation or service of food products, except for certified food protection managers, shall successfully complete an accredited food handler training course within 30 days of employment, consistent with 25 Texas Administrative Code Chapter 226.3(c); Chapter 437B of Texas Health and Safety Code. (b) No person who owns, manages or otherwise controls any food service establishment shall permit any food service employee to come in contact with any defined food related areas if the employee does not within 30 days after employment possess proof of successful completion of an accredited food handler training course. (c) Every food service or food establishment shall have available on the premises at all times the food handling proof of successful completion of an accredited food handler training course of each employee for inspection, and if requested, shall provide the Tarrant County Public Health with documentation of the date of employment of any employee of the establishment. Ordinance No. 2026-050 7 (d) Temporary food service establishments operated in conjunction with a special event shall be exempt from this required food handler's card. (e) Every card issued shall remain effective for a period consistent with 25 Texas Administrative Code Chapter 226.3(c); Chapter 437B of Texas Health and Safety Code. Sec. 12-7. RESERVED. Sec. 12-8. Food establishments permits required. (a) No person shall operate a food establishment without a current, valid food establishment permit issued by health services. (b) A separate permit may be requested but shall be required for every food establishment with separate and distinct facilities and operations, such as lounge operations within a food establishment that are in addition to food operations, whether situated in the same building or at separate locations consistent with Subsection 437.006 of the Texas Health and Safety Code. (c) Permits issued under the provisions of this article are not transferable. A permit shall be valid for the period of time shown on the face of the permit, unless earlier suspended or revoked by health services. (d) The application for a new or a renewed permit shall be made on an application form prescribed by health services. (e) The application shall require the applicant's name, type of business organization, the name and address of the owner or principal officer of the business, the nature of the business, the location of the business, and such other information as health services deems necessary. (f) All mobile food units operating within the city must comply with the statewide Mobile Food Vendor (MFV) licensing requirements established under Chapter 437B of the Texas Health and Safety Code. Mobile food units operating from a fixed food facility located outside the city must also maintain proper truck registration, insurance, and current driver's license information for each vehicle and driver. For additional requirements, refer to Section 12-21, mobile food units for more requirements. (g) A temporary food/event establishment permit shall be required, and inspections shall be required from Health services. (h) Health services shall not renew an expiring or expired permit until the owner or operator of the food establishment provides proof of compliance with current minimum health requirements. (i) Upon change of ownership of a business, the new owner shall be required to complete a new application for issuance of a new permit by health services to meet current food establishment standards as defined in this Code and state law. Q) The following types of establishments are exempt from the requirements of this article: Ordinance No. 2026-050 8 (1) Group homes; (2) Establishments selling only commercially packaged, non-potentially hazardous foods; (3) Vending machines; (4) Facilities operated by nonprofit organizations consistent with Subsection 437.007 of the Texas Health and Safety Code; and (5) Private schools that do not have a kitchen. (k) Any open food or food that requires temperature control requires a permit from Health services. (1) Criminal offenses. (1) A person commits an offense if the person knowingly owns, operates, or is in control of a food establishment that is operating without a valid food permit. (2) A person commits an offense if the person owns or operates a food establishment and knowingly fails to post and maintain a permit. Sec. 12-9. Classification of permits. (a) Food establishment permits shall be classified according to the duration of operation and location of such operation. (b) The duration of a permit shall fall within two categories; annual or temporary, as follows: (1) Annual. An establishment that operates throughout the year. This includes farmers' markets which are limited to operate no more than six weekends consecutively, two times each year, and not associated with a special event, although their establishment shall be issued one annual permit: consistent with Subsection 437.020, Texas Health and Safety Code (2) Temporary. An establishment that operates, one (1) to five (5) days or six (6) to 14 days in conjunction with a special event no more than four times a year. (c) The location classification of a permit shall fall within one of two categories, either fixed or mobile, as follows: (1) Fixed food establishments. a. Food service establishment - Restaurants, cafeterias, independent school districts, snack bars, concessions, bakeries, snow cone stands, caterer's commissaries, private school cafeterias, halfway house food services, hospital kitchens/cafeterias, institutional food services, self-service markets etc., where food is prepared and/ or served. b. Retail food stores handling prepackaged, potentially hazardous foods. c. Retail food stores handling, processing, serving or selling open foods. d. Food warehouses/wholesalers. Ordinance No. 2026-050 9 e. Bars/lounges handling, processing, serving or selling open foods. (2) Mobile food units/vendors. a. All mobile food unit/vendor permitting is handled through the statewide mobile food vendor licensing requirements established under Chapter 437B of the Texas Health and Safety Code. As required by subsection 437B.051, each mobile food unit/vendor owner/operator is required to obtain an annual mobile food vendor license issued by the Texas Department of State Health Services for statewide operation refer to Section 12-21, mobile food units/vendors for more requirements. Sec. 12-10. Permits—Authority to issue. Health services is hereby authorized to issue permits to any person or firm making application for a food establishment permit, food handler permit or a temporary food establishment permit in the city; provided that only a person or firm that complies with the requirements of this article shall be entitled to receive and retain such permit. Sec. 12-11. Permits—Application. (a) Application for such permit as required by this article in section 12-7(a) shall be made in writing to health services upon forms prescribed and furnished by health services. (b) A food establishment permit plan review fee shall be due for each food establishment that requires plans to be submitted according to section 12-7. (c) A food establishment permit application fee shall be due for each food establishment that requires a new food establishment permit due to change of ownership, change in type of operation, or revocation, and a new application shall be made for a permit as required by section 12-7(a). Whenever a new food establishment permit is required, health services shall inspect the food establishment prior to beginning operation to determine compliance with requirements of this article. (d) Failure to provide all required information, or falsifying information required on the application, may result in denial or revocation of the permit. Sec. 12-12. Review of plans. (a) Submission of plans. Whenever a food service establishment is constructed or remodeled and whenever an existing structure is converted to use as a food service establishment, properly prepared plans and specifications for such construction, remodeling or conversion shall be submitted to the City of Grapevine Building Department for review and approval before construction, remodeling or conversion is to begin. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans and construction materials of work areas, and the type and model of proposed fixed equipment and facilities. The building department shall approve the plans and specifications if they meet the requirements of these rules. No food service establishment shall be constructed, remodeled or converted Ordinance No. 2026-050 10 except in accordance with plans and specifications approved by the building department. (b) Pre-operational inspection. Whenever plans and specifications are required by subsection (a) of this section to be submitted to the building department, the building department shall inspect the food service establishment prior to its beginning operation to determine compliance with the approved plans and specifications and with the requirements to these rules. Sec. 12-13. Posting of food establishment and temporary food establishment permits. Every permit holder or person in charge shall at all times have available on display in public view the food establishment permit, mobile food vendor license issued by the Texas Department of State Health Services, or temporary food establishment permit. Sec. 12-14. Permits—Duration. (a) Any food establishment permit or mobile food unit permit granted under the provision of section 12-8(a) shall remain in full force and effect 12 months from the date of issuance as long as the annual food establishment permit fee is paid and unless said permit is denied, suspended or revoked for cause. A food establishment permit that lapses for nonpayment of the annual food establishment permit fee will be re-instated upon payment of a re-instatement fee, except that permits lapsed for more than three months may not be re-instated. (b) An exception to paragraph (a) above is that a temporary food establishment permit shall remain in full force and effect for a period of time not more than one (1) to five (5) days or six (6) to 14 days from date of issuance in conjunction with a single event or celebration unless suspended or revoked for cause. Sec. 12-15. Permits—Non-transferable. Every permit issued under the provisions of this ordinance shall be non-transferable, non-refundable, and at health services discretion. A food establishment or temporary food establishment permit shall permit the operation of the establishment only at the location, for the type of food service, and for the permit holder for which granted. Sec. 12-16. Inspection frequency. (a) An inspection of a food service establishment shall be conducted by the local health authority in accordance with the risk-based inspection frequency established under the Texas Food Establishment Rules, as adopted and administered by the Texas Department of State Health Services. Risk assessments shall be reviewed at least every three (3) years, or sooner upon significant changes in menu or operations, with inspection frequency ranging from one (1) to three (3) times annually based on the assigned risk category. Ordinance No. 2026-050 11 (b) Additional inspections of the food establishment shall be performed as often as necessary for the enforcement of this article. Sec. 12-17. Inspections regulations. (a) Health services may enter premises or vehicles regulated by this article at all reasonable times whenever it is necessary to make an inspection to enforce any of the provisions of this article or other laws regulating food, to inspect permits, certificates, and other records required by this article and state and federal laws regulating food, to collect samples of food and other substances as may be necessary for the detection of unwholesomeness or adulteration, or whenever probable cause exists to believe that a violation of this article or other laws regulating food exists. (b) Health services shall first present credentials and request entry if the premises are occupied. If the premises are unoccupied, the inspector shall first make a reasonable attempt to locate the owner, operator or other person in control of the premises and demand entry. (c) If entry is denied or if a person in control cannot be located, health services shall have every recourse provided by law to secure entry, including obtaining a search warrant. Sec. 12-18. Examination and condemnation of food generally. Food may be examined or sampled by health services as often as necessary for enforcement of these rules. Health services, upon written notice to the owner or person in charge specifying with particularity the reasons therefore, may place a hold order on any food which it believes is in violation of Texas Food Establishment Rules. Health services shall tag, label, or otherwise identify any food subject to the hold order. No food subject to a hold order shall be used, served, or moved from the establishment. Health services 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 days and that if no hearing is requested the food shall be destroyed. A hearing shall be held 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 order to denature or destroy such food or to bring it into compliance with the provisions of these rules. Ordinance No. 2026-050 12 Sec. 12-19. Procedure when infection is suspected. When health services has reasonable cause to suspect the possibility of disease transmission from any food service establishment employee, it may secure morbidity history of the suspected employee or make any other investigation as may be indicated and shall take appropriate action. Health services may require any or all of the following measures: (1) The immediate exclusion of the employee from all food service establishments; (2) The immediate closing of the food service establishment concerned until, in the opinion of health services, no further danger of disease outbreak exists; (3) Restriction of the employee's services to some area of the establishment where there would be no danger of transmitting disease; and (4) Adequate medical and laboratory examination of the employee, of other employees and of his and their body discharges. Sec. 12-20. Remedies. (a) Penalties. Any person who violates a provision of these rules and any person who is the permit holder of or otherwise operates a food service establishment that does not comply with the requirements of these rules and any responsible officer of that permit holder or those persons shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not to exceed $2,000.00 for violations of provisions governing public health and sanitation for each offense. Each day that such violation shall continue shall be deemed a separate and distinct offense and shall be punished as such. (b) Injunctions. Health services may seek to enjoin violations of these rules. Sec. 12-21. Additional requirements for mobile food units/vendors. (a) Mobile food units are subject to the following regulations.. (1) All mobile food units operating in the city must first obtain and maintain annual licenses and permits from the fire prevention office (unless a valid permit has already been obtained from another agency in the state of Texas) and the Texas Department of State Health Services (DSHS). All required state licenses and permits must be kept in the unit and made available to city officials and the the public upon request. (2) All mobile food units operating within the city must have a state sales and use tax permit. Operators who sell taxable items are responsible for collecting and reporting state and local sales and use tax to the Texas Comptroller of Public Accounts. The report should be based on the location of the mobile food unit where taxable sales occurred. To ensure that the city receives its portion of the local sales and use tax generated from taxable sales made by the mobile food unit within the city, the mobile food unit owner/operator must use the Ordinance No. 2026-050 13 jurisdiction's name and local code when reporting sales and use tax for taxable items sold in the city. (b) Alcoholic beverage sales. (1) Alcoholic beverages sales from mobile food units are prohibited. (c) Vehicle and insurance requirements. (1) A mobile food unit owner/operator must maintain: (a) Valid vehicle registration; (b) Motor vehicle operator's license, (c) Proof of vehicle liability insurance; and (d) Notarized statement by owner/operator that acknowledges and accepts a minimum amount of $1,000,000 liability insurance, that covers the mobile food unit, must be maintained at all times and that proof of such insurance coverage can be demanded to be provided to the city upon three (3) working days' notice to the owner/operator. (d) Mobile food unit/vendor location and site requirements. (1) All mobile food units must be located in an appropriately zoned district, including and limited to "LB", Limited Business, "CN", Neighborhood Commercial, "CC", Community Commercial District, "GV", Grapevine Vintage District, "HC", Highway Commercial District, "HCO", Hotel Corporate Office District, "RA", Recreation/Amusement District, "LI", Light Industrial District, and "GU", Governmental Use District. (2) Units shall operate only on individually platted lots that are zoned for commercial use and that meet all safety, access, and utility requirements established by this ordinance. (3) The number of mobile food vendors permitted to be located and operate on a single lot at one time shall be determined based on the lot's ability to meet applicable zoning, safety, traffic circulation, sanitation and access standards. At minimum, the site must satisfy the applicable site-capacity conditions listed below. a. Unobstructed fire lanes, hydrant access, and emergency vehicle paths must be maintained in accordance with the adopted Fire Code; b. Ensure that required parking for existing onsite uses remains fully compliant with Section 56, Off-Street Parking Requirements of the zoning ordinance. c. Provide adequate queueing areas and pedestrian circulation paths that do not interfere with drive aisle, sight triangles, or pedestrian safety. (4) A mobile food unit/vendor must obtain written permission (letter or email) from the property owner(s) or their agent or designee, allowing the operation of a mobile food unit and their customers' access to a commercially plumbed public restroom on-site when located and operating on public (such as a city park) and private property. Ordinance No. 2026-050 14 a. Any mobile foot unit operating on city-owned property must execute a hold- harmless agreement indemnifying the city from liability arising from the vendor's operations. (5) Mobile food units shall not obstruct sidewalks, bicycle lanes, marked crosswalks, or designated emergency access routes. All placement must allow unobstructed access for public safety personnel and equipment, unless approved in writing by the city as part of a city sponsored festival or special event. (6) No mobile food unit shall be located on a vacant lot. (7) No mobile food units, their merchandise, advertising or seating shall obscure traffic visibility. (8) Mobile food units may operate within the public right-of-way only when located in designated areas such as public parking spaces and shall not occupy or impede active travel lanes, sidewalks or trails. Under no circumstances shall their operation result in the obstruction, queueing, or disruption of normal vehicular, bicycle, and pedestrian traffic flow. At no point shall the operations of a mobile food unit block the maintaining of a 4-foot clear pedestrian path for ADA accessibility. (9) Mobile food units and their associated equipment shall not operate in driveways, fire lanes, or required parking spaces for the buildings on the lot. (10)A single mobile food unit owned and operated by a brick-and-mortar restaurant, brewery, brewpub, distillery, winery, or golf course is allowed to be parked or stored on the same property and on an improved surface as indicated on an approved site plan filed with the city's Planning Services Department. It must be located outside of required parking spaces, fire lanes, and drive aisles. It must also be located a minimum of 100 linear feet from any residentially zoned property or residential use. (11)A mobile food unit may utilize outside seating consisting of a portable table and a maximum seating capacity of eight, within no more than one nonrequired parking space. (12)All mobile food units shall be equipped with a self-closing lidded, trash receptacle. The trash receptacle must be placed outside next to the mobile foot unit for use by the patrons of the unit. The area around the mobile food unit shall be kept clean and free of litter, garbage, and debris within a designated space. (13) Mobile food units operating on any lot shall comply with all provisions of Article VI — Nuisances. Generators or other power equipment associated with a mobile food unit shall not exceed the maximum dBA established for the applicable zoning district, particularly when located within 300 feet of a residential use or residential zoning district, per Section 12-21(e)(2) below. (14) Mobile food units must leave the surrounding areas clean and tidy as closing each day with no residual trash, liquids, or residue. All trash, tables, chairs, and any other equipment must be removed to ensure the space is restored to its Ordinance No. 2026-050 15 original condition. The location must appear as if the mobile food unit had not been there. (15)All mobile food units must be maintained in good working order, kept clean, and present a well-maintained appearance. The exterior of the unit shall be free from patently offensive language, images, or materials that can be deemed inappropriate for public display. (e) Utilities. (1) Water shall be from an internal tank, and electricity shall be from a generator, unless approved for permanent placement via a conditional use permit approval. (2) Generators must be placed at least 300 feet from a residential use or district. (f) Inspections. (1) The city-may inspect the property, site layout, and placement of a mobile food unit to ensure compliance with zoning, traffic, safety and property use- requirements. The city may not conduct a health or operational inspection of a mobile food unit except as authorized through a collaborative agreement with DSHS under Chapter 437B. (g) Prohibitions. (1) A drive-through is not permitted in conjunction with the mobile food unit and shall not provide a drive-through service of any kind. (2) Temporary utility connections must comply with all plumbing, electrical, and safety ordinances and codes. Unauthorized or unsafe temporary connections are prohibited. (3) No outdoor speakers of any type are permitted to emanate from a mobile food unit or associated seating and table areas. (4) A mobile food unit, including any associated equipment, signage, or customer queueing area, shall be located no closer than 30 feet from the curb line of any intersecting street to preserve intersection sight-visibility triangles and ensure safe vehicular and pedestrian movement. (h) Exceptions. (1) A mobile food unit may operate on a residential lot for a private event not open to the public, provided the property owner (or authorized agent) grants written permission and the unit's placement does not obstruct sidewalks, vehicular travel and bike lanes, drive aisles, sight visibility triangles, or designated emergency access routes and is located outside of the public right-of-way. a. The mobile food unit must comply with Article VI - Nuisances, including noise and lighting standards applicable to residential districts. Generators or other power equipment shall not exceed the maximum decibel levels for the district. Ordinance No. 2026-050 16 (2) Public and private schools may host a mobile food unit on-site, subject to the approval of a temporary use permit consistent with [app. DJ subsection 42.A, temporary use permits of the zoning ordinance and its limitations. (i) Safety equipment for ice cream trucks. (1) Signs stating "WATCH FOR CHILDREN" must be provided on the front, back, and both sides of the vehicle in at least four inch letters of contrasting colors. (2) The company name, address, and phone number must be on both sides of the vehicle in at least three-inch letters of contrasting colors. (3) A serving window, capable of being closed when not in use, must be provided and must be located on the curbside only. (4) Left and right outside rear view mirrors as well as two additional outside wide- angle mirrors on the front and back of the vehicle must be provided to enable the driver to see around the entire vehicle. (5) Operable yellow or amber flashing hazard lights that are clearly visible not less than 100 yards from the mobile unit under average daylight conditions shall be provided. Lights must be mounted no more than 12 inches below the mobile unit's roof and must be operational when the truck is in motion. No fewer than two lights shall be visible from each approach. (6) A rear bumper cover shall be installed to prevent children from standing or jumping on the rear of the vehicle. (j) Vending requirements for mobile ice cream vendors. (1) Location. a. Mobile ice cream vending is prohibited within city parks except when the owner/operator has entered into a concessionaire agreement with the parks and recreation department. b. Mobile ice cream trucks shall not vend within 100 feet from an intersection. (2) Use of sound equipment. a. Use of sound equipment shall be limited to music or human speech. b. Sound shall not be audible more than 100 yards from the truck. Sound shall be produced at no more than 80 dBA. c. Sound shall not be broadcast within 100 yards of schools during school hours while school is in session, or within 100 yards of hospitals, churches, courthouses, funeral homes, or cemeteries. (4) Safety precautions. a. Drivers shall check around the vehicle before leaving the area to ensure that children are not remaining. When handing the purchased product to the children, drivers shall make certain traffic is clear, in case a child leaves the truck immediately and fails to observe the hazard of oncoming traffic. Ordinance No. 2026-050 17 b. Child customers shall not be allowed inside the vehicle. This provision shall not apply to children related to the driver within the third degree of consanguinity or affinity, while riding with the driver along the sales route. Section 4. Chapter 12, Health and Sanitation, Article 1. Food Establishments, Division 3. Enforcement, is hereby deleted in its entirety and replaced, to read as follows: Sec. 12-22. Enforcement options. When the building official or his designee has determined that a violation of this article has occurred or is occurring, the following remedies are available to health services. The remedies provided for in this section or elsewhere in this article are not exclusive. Health services may take any, all, or any combination of these actions against a violator, consecutively or concurrently: (1) Issuance of a written warning notice; (2) Issuance of one or more citations, a. If two or more citations are issued within a six-month period for violations of applicable local zoning, location, fire, safety, City of Grapevine Code of Ordinances and Chapters 437 and 437B of the Texas Health and Safety Code, Chapters 437 and 43713, or other non-health-related municipal regulations, the city may suspend the food service establishment's local authorization to operate within the city until all cited violations are corrected. b. Any suspension under this subsection applies only to local authorization to operate and does not suspend, revoke, or otherwise affect a mobile food vendor license issued by the Texas Department of State Health Services (DSHS), which may be denied, suspended, or revoked only by DSHS pursuant to Chapter 437B of the Texas Health and Safety Code. (3) Emergency closure/suspension order; a. Post and maintain a placard at the entrance of the food establishment, notice of the conditions therein, or to require the owner, operator, or person in charge of the establishment to maintain the placard at the entrance that this establishment is closed. b. Order the immediate cessation of local operations due to conditions presenting an imminent threat to public health or safety. (4) Conditions which warrant the actions authorized include but are not limited to loss of electrical power, interruption of water service, sewage backing up into the establishment, fire hazards, unsafe site conditions, or catastrophic occurrence. (5) The owner, operator, or other person in charge of the establishment will be given written notice of the reason for the closure and/or suspension. Ordinance No. 2026-050 18 (6) Upon receipt of the notice, the food establishment shall immediately cease food operations. (7) A person commits an offense if the person engages in food operations after a lawful closure or suspension of local authorization issued under this section. (8) A person commits an offense if the person removes or tampers with any notice posted pursuant to this subsection without authorization. Sec. 12-23. License, certificate or permit suspension. (a) When the city or its authorized representative determines that conditions exist at a food service establishment or mobile food unit that pose an imminent threat to public health or safety, the city may, without prior notice or hearing, order the immediate suspension of local authorization to operate to the extent permitted by law. Such suspension shall be limited to local operations and shall not suspend, revoke, or otherwise affect any state-issued license, including a mobile food vendor license issued by the Texas Department of State Health Services (DSHS), which may be acted upon only by DSHS pursuant to Chapter 437B of the Texas Health and Safety Code. The city may terminate the suspension when the unsafe condition no longer exists. (b) If an imminent health hazard exists, including but not limited to loss of electrical power, interruption of water service, sewage backup into the establishment, fire hazards, or other unsafe site conditions, the food service establishment or mobile food unit shall immediately cease operations as ordered by the city. Operations may resume only after the city determines that the hazardous condition has been corrected and, where applicable, after any required state authorization has been obtained. Sec. 12-24. Revocation proceedings. (a) Notification of right to hearing. When a notice of suspension is given, the holder of the license for a food service establishment, or the owner, operator, or person in charge of a mobile food unit whose local authorization to operate has been suspended, may submit an appeal to the city manager's office in writing requesting a hearing if the person disagrees with the findings of the inspection or enforcement action. If no written request for a hearing is filed within ten (10) days of receipt of the notice of suspension, the suspension of local authorization to operate shall become final. The city may end the suspension at any time if the conditions giving rise to the suspension no longer exist. (1) If a mobile food unit owner/operator fails to submit a written appeal requesting a hearing, the suspension of local authorization to operate shall remain in effect shall remain suspended until all noncompliance issues have been completely resolved. (b) The appeal shall indicate the provisions of the action objected to, and the reasons for the objection(s), any facts that are contested, the evidence that supports the appellee's view of the facts, and whether the appellee's requests a hearing on its appeal. Ordinance No. 2026-050 19 (c) Hearings. The hearings provided for in this chapter shall be conducted by the city manager or his designee who will designate the time and place for the hearing. Based upon the recorded evidence of such hearings: the city manager or his designee shall make a finding and shall sustain, modify or rescind any notice or order considered in the hearing. (d) This hearing shall be deemed to exhaust the administrative remedies of the person aggrieved with respect to the city's local enforcement action only. Sec. 12-25-12-30. Reserved. Section 5. Chapter 23, Traffic, Article II. Operation of Vehicle, Subsection 23-19, Violation of stopping, standing and parking regulations unlawful; owner prima facie responsible; penalty., is hereby amended, to read as follows: Sec. 23-19. Violation of stopping, standing and parking regulations unlawful; owner prima facie responsible; penalty. (a) It shall be unlawful and in violation of the provisions of this chapter for any person to cause, allow, permit or suffer any vehicle registered in the name of or operated by such person to be stopped, to stand or to be parked in the city in violation of any of the provisions of this chapter regulating the stopping, standing and parking of vehicles. (b) When any vehicle is found stopped, left standing or parked in violation of any of the provisions contained in this chapter, such fact shall be prima facie evidence that such vehicle was stopped, left standing or parked by the person in whose name such vehicle is registered and such registered owner shall be deemed guilty of stopping, allowing to stand or parking such vehicle in violation of any of the provisions contained in this chapter. (c) No individual or vehicle may gather, stand, stop, park, assemble, or otherwise obstruct or disrupt the normal flow of vehicular or pedestrian traffic in a manner that hinders access to travel lanes on public streets, sidewalks, trails, crosswalks, driveways, routes or public parking lots required by the Americans with Disabilities Act (ADA). It is unlawful for any person or group to interfere with or impede the free movement of vehicles or pedestrians on any public street, alley, sidewalk, trail, crosswalk, driveway, public parking lot, or ADA-accessible route without proper authorization or approved traffic control measures. This ensures the safety and accessibility of all individuals in public spaces. (d) Any person violating or failing to comply with the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided in section 1-6 of this Code. Ordinance No. 2026-050 20 Section 3. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) for each offense and a separate offense shall be deemed committed each day during or on which an offense occurs or continues. Section 4. All ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect. Section 5. If any section, subsection, sentence, clause or phrase of this ordinance shall for any reason be held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 6. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates undesirable conditions for the preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS ON THIS THE 7TH DAY OF JULY, 2026. APPROVED: William D. ate Mayor ATTEST: F GRAPF � z Tara Brooks City Secretary APPROVED AS TO FORM: 70A tJ J (L Matthew C.G. Boyle City Attorney Ordinance No. 2026-050 21