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Home My Public Portal AboutORD14174 SUBSTITUTE 4 PASSED AS AMENDED • BILL NO. 2006-135 SPONSORED BY COUNCILMAN BERRY ORDINANCE NO. 141 '�/1 L AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE FOOD CODE OF JEFFERSON CITY, MISSOURI TO CREATE A PERMIT AND REGULATIONS FOR PUSHCARTS AND BY ADDING A SECTION PERTAINING TO TEMPORARY FOOD ESTABLISHMENTS BE IT ENACTED BY THE COUNCIL OF THE City OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 1(Purpose and Definitions) of the City of Jefferson Food Code is hereby amended by adding two sections to Chapter 1 to read as follows CHAPTER 1 PURPOSE AND DEFINITION • Part 1-2 Definitions 1-201.10(B)(75.1) "Pushcart"a non self propelled wheeled cart,specifically designed and used for keeping,storing or warming food or beverages for sale by a vendor,which may be moved by one person without the assistance of a motor. 1-201.10(B)(55.1)"Mobile Food Unit"a self contained mobile food vending establishment specifically used for preparing,keeping,storing or warming food or beverages for sale by a vendor which is designed for and capable of movement utilizing a motor or motorized vehicle for movement. 1-201.10(B)(97.1)"Special Event Food Unit"a food establishment,operated in conjunction with a single event or celebration after which time it returns to its permitted servicing area for a minimum of 46`24`hours 1-201.10(B)(101)"Temporary food establishment"means a FOOD ESTABLISHMENT that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration. Temporary food establishments include Pushcarts.Special Event Food Units and Mobile Food Units. Section 2. Chapter 6 (Physical Facilities) of the City of Jefferson Food Code is hereby amended by adding two sections to Chapter 6 to read as follows: • Drafter's Note. Deleted text is shown tams. Inserted text is shown thus. Inserted Text on Substitute:, Inserted Text on Substitute 3 CAProgram Files\WordPerfect Office 12\Myfiles\Council\Ordinances\2006-135subst4 FINAL.wpd SUBSTITUTE 4 PASSED AS AMENDED • CHAPTER 6 PHYSICAL FACILITIES Part 6-6 Pushcart Guidelines a. Pushcarts shall be limited to serving only food prepared at the permitted service area and maintained at proper temperatures. b. Pushcarts shall be limited to 4 18.hours of operation per calendacdav and must be returned to the permitted servicing area This limitation shall not apply if part of a parade permit. c. Pushcarts must be on a sidewalk that is at least 8 feet wide and pushcart can not obstruct free passage of pedestrians or vehicles: the net passable sidewalk shall not be reduced to less than 4 feet 6 inches in width;can not obstruct an entrance or exit and can not ieopardize public safety:nothing used or stored in coniunction with the pushcart operation shall be placed in the street. d. Pushcarts must be a least 3 fi&feet from any other pushcart vendor or business that also sells consumable food. This limitation shall not apply if part of a parade permit. e.Only food and/or beverages are allowed to be sold on City property. L Pushcarts are not allowed in City parks,school yards,cemeteries or residential neighborhoods. This limitation shall not apply if part of a parade permit. g.There are no designated areas for any one pushcart vendor—first vendor to a location has the right • to conduct business at that location subject to the time limitations set out in the Food Code. h. Waste receptacles must be provided and may be stored off-cart and shall be in contact with the pushcart at all times of operation and immediate area must be kept free of litter. i. Dimensions of the Pushcart shall be: Length Minimum 48"Maximum 72" Width Minimum 32"Maximum 40. A box width only,the axle system may protrude an addition 6.5" on each side) Height(from ground level)Minimum 36"Maximum 72" Pushcarts licensed prior to 9/1/99 can continue operation if noncompliant with the size limitations,but cannot alter, enlarge or replace the unit except in compliance with these limitations. The City Administrator is authorized to make reasonable rules and regulations governing modification of the design,construction and location of the Pushcarts in his or her sole discretion. i. No person shall engage in vending between the l oursiof 3 OO a m grid 6 00'a:ffi.!*P This restriction shall not apply if part of a parade permit k. Vendors must adhere to all public health and safety regulations imposed by State law and the Code of the City of Jefferson. 1. It is the applicant's responsibility to be familiar with all ordinances relative to the operation of a Pushcart. m. Pushcart vendors are allowed 10 minutes to offload their cart and equipment at the start of the Drafter's Note:Deleted text is shown dma. Inserted text is shown thus. • Iriserted,Text on Substitute-2 _�„�_ t_.�..��.e_�_,_,,,.,_� Inserted Text on Substitute 3 SUBSTITUTE 4 PASSED AS AMENDED • vending day and 10 minutes to load at the termination of the vending day,provided that they do not block the flow of traffic. n Failure to adhere to the regulations for Pushcarts units is cause for revocation or suspension of the vendors license. o.Pushcart vendors must obtain a business license and permit to sell food and comply with terms and conditions of the license and permit. Part 6-7 Mobile Food Unit Guidelines a. Mobile Food Units must comply with all regulations set forth in the Jefferson City Food Code per 8- 104.10. b. Mobile Food Units and all sundry equipment or items used by the Mobile Food Unit must return to the permitted servicing area for a minimum of*4$[2444 hours at least once every 14 days. c. Mobile Food Unit vendors must obtain a business license and permit to sell food and comply with terms and conditions of the license and permit. d.A Mobile Food Unit shall not be issued a permit to sell food from the location it has designated as its Servicing Area unless the Servicing Area itself is a licensed and permitted food service. e.A Mobile Food Unit shall not be issued a permit for an area zoned residential unless part of a parade permit. L A Mobile Food Unit shall not be issued a permit unless the site location identified on its application for • a permit is on an established approved narking lot of at least 100,000 square feet or the site location is Bart of a parade permit. a. A Mobile Food Unit may not operate on the public right of way unless part of a parade permit. h. A Mobile Food Unit shall be subiect to inspection semiannually. LA Mobile Food Unit shall not be issued i yermit:unless the parking lot identified`in Subsection:6-7(f) of these guidelines is the narking lot of:an existing,'a66e andrpermitted bnsiness and thereare no other 1Vi6bile Food Units already permitted to operate anon said parkiniiO4".' I Part 6-8 Special Event Food Unit Guidelines i I I,_Special Event Food Units must comply with all regulations set forth in the Jefferson City Food Code per 8-104.10. b. Special Event Food Units and all sundry equipment or items used by the unit must return to the permitted servicing area for a minimum of 48 2`4 hours between a issued permits. c.Special Event Food Units must comply with fee structure set forth by Chapter. d.Special Event vendors must obtain a temporary business license and temporary permit and comply with all terms and conditions of the license and permit. e.A Special Event Food Unit shall not be issued a permit to sell food from the location it has designated as its Servicing Area unless the Servicing Area itself is a licensed and permitted food service. • Drafters Note Deleted text is shown tlma. Inserted text is shown thus. Inserted'Text on Substrtute�2 Inserted Text on Substitute 3 CAProgram Files\WordPerfect Office 12\Myfiles\Council\Ordinances\2006-135subst4 FINAL.wpd SUBSTITUTE 4 PASSED AS AMENDED • f.A Special Event Food Unit shall not be issued a permit for an area zoned residential. This limitation shall not apply if part of a parade permit. g. A Special Event Food Unit must obtain a new inspection for each new permit to sell food is issued. h. A Special Event Food Unit may not operate on the public right of way unless part of a parade permit. Section 3. Chapter 8 (Permits) of the City of Jefferson Food Code is hereby amended by adding one Section to Chapter 8 to read as follows: CHAPTER 8 PERMIT TO OPERATE Part 8-306 Temporary Food Establishments 8-306.1 No one may operate a Temporary Food Establishments without a proyer.license and permit as set forth in the Food Code. 8-306.2 All Temporary Food Establishments must follow guidelines set forth by the Jefferson City Environmental Health Services Division and the Code of the City of Jefferson. • 8-306.3 A Temporary Food Establishment shall not be issued a permit for an area zoned residential unless part of a parade permit. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: aGU,6k %� a2�� Appr0V 4PW, A OX 2W7 Presiding Officer 9Maiyor AT- ST: AP O ED TO FORM: City Clerk City Counselor Drafters Note Deleted text is shown thus. Inserted text is shown thus. _ Inserted`+Teicf on Sulishtute 2r �� Inserted Text on Substitute 3 l