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Information on Proposed Changes to City Code for Mobile Food Vendor
January 26th, 2010 by MikeK

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Update as of 07.29.2010

On Thursday, 7/22 The Public Health Sub-Committee approved a number of new recommendations by the City staff that they intend to take to the full City Council for approval. You can see the recommendations here HHSDSubcommittee_v3_7-22-10.

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05.04.2010 UPDATE – WE NEED ALL VENDORS AT CITY HALL ON 05.05@3PM

Austin City Hall
Wednesday, 5/5
3:00 pm
City Council Chambers, Rm 1001
Health sub-committee meeting

Vendors this is getting extremely problematic. I am in process of putting all the information together and will update throughout the day. The details are that tomorrow the various city departments will be making their recommendations to the City Council Subcommittee that will in turn present to the City Council. The current proposal includes recommendations that are extremely damaging and will either cost you $$ to implement or could even shut you down. The actual proposal is in a pdf you can download HHSDCommunity_v1_5-3-10. A few choice items we have seen so far include:

  • Parking – trailers will have to comply to parking regulations – must have paved parking adequate for the amount of traffic they generate
  • Bathrooms – any trailer with portable tables and chairs must provide plumbed in bathrooms
  • Hours: No operation 12:00am – 6:00am Sunday – Thursday. Friday & Saturday operation 12:00pm – 3:00am

We need your presence at City Hall tomorrow. This is our last chance to affect the recommendations that are made to the City Council. I will post the exact meeting details as soon as I get them (exact room and meeting name). If you can attend and or would like to be kept informed on this issue, please email me.

Check out the Austin American Statesman update here. KEYE update

Update from 3/10/2010 (Thanx to the folks at La Boite):

Below is a table that shows the 10 recommendations put forward by Snappy Snacks, the vote from Mobile Vendor Input and the recommendations the Health department will make to Public Health and Human Services subcommittee of the City Council on April 20th 2010 at 3PM City Hall Boards and Commissions room:

Proposal Presented to the City Council Mobile Vendor Input Staff Recommendation
Proof of Liability Insurance Yes (Product) Yes, proof of product liability
Notarized Documentation of Daily Commissary Use Undecided (split) No, State rules do not address frequency of central prep use
Proof of Texas Sales and Tax Use permit Yes Yes, would be a part of the application packet process
Itinerary for Truck Routes Undecided (split) Yes, increases enforcement capabilities for foodborne illness investigations. Includes MV’s at one location
Written agreement with Property Owner to Vend on Private Property Undecided (split) No, no city/state regulations pertaining to the agreement
Written permission to use Restrooms at Work Site No Yes, health implications. Specific requirements to be determined by health department
Certification of Commissaries Yes Yes, notarized for both restricted and unrestricted MVs
Commercially Manufactured Unit or Unit Plans Required Undecided (split) Yes, plan may be required for application process
Retention Tank / Grease Trap No Regulated by COA Industrial Waste
Low Propane gas units Already in code included with AFD Inspection Yes, Inspection will be required by AFD during permit application process

Because Snappy Snacks felt there were too many dangerous taco trucks with illegal propane setups, we will now how Austin Fire Department involved in the inspection and approval of our trucks and trailers. The following is the Draft Proposal of the new AFD requirements

Austin Fire Department

Mobile Food Vending Checklist

Location of Mobile Units

  • Fixed Units shall not be closer than 20 feet away from any structure
  • All Mobile Units must remain at least 3 fee away form any fire hydrant.
  • All Mobile Units shall not block access to a Fire Department Connection (FDC)
  • All Mobile shall not obstruct any access or exit from a structure

Electricity Issues

  • Mobile Units shall not use electricity from a nearby structure
  • No excessive use of extension cords

Design Construction/Plan Review

  • Homemade Mobile Units shall be inspected for safety
  • Commercial Manufactured Mobile Units shall be used as they are designed and for their intended purpose.
  • Exiting of mobile units shall not be obstructed
  • Plans may be required for Mobile Units

Propane Cylinder Issue

  • A Hazardous Material Permit will be required from the Austin Fire Department for all fixed mobile food vending units using propane at a location for more than 30 days.
  • Propane cylinders shall not be located in the following locations:
    • On rear bumpers
    • Underneath the vehicle frame
    • In the trucks or beds of vehicle
    • Inside personal vehicles
  • Cooking/heating appliances located on the Mobile Units shall be UL listed and shall conform to the terms of its listing.
  • Piping shall be designed for propane. All valves, hoses and devices shall be listed for propane
  • A manual shutoff shall be provided at the point of use and at the supply
  • Compartments used for the storage of propane shall be properly vented
  • The relief discharge from propane cylinder shall not be less than 3 ft measured horizontally along the surface of the vehicle to:
    • Openings in the vehicle
    • Propane burning appliance intake
    • Exhaust vents and all internal combustion engine exhaust terminations when below the level of exit discharge

Fire Extinguishers

  • Each Mobile Unit will be required to have a proper fire extinguisher inside their vehicle (1-2A10BC fire extinguisher)
  • Each fire extinguisher will need to be mounted in a conspicuous location where it will be located quickly
  • Each fire extinguisher will need to be service annual and maintain a current green tag confirming its status

AFD Mobile Vending Permit (Annual Permit)

  • $100.00 fee for Fixed Site Inspections. An AFD Fire Inspector will be required to come to the job site and conduct a complete Fire Inspection.
  • $50.00 for Non-Fixed Inpsection (Mobile Units)
    • The Mobile Units will be required to come by the AFD Prevention Office for a Fire Inspections (515 Barton Springs Road)

Proposed Checklist for NEW Application Process

WHAT TO BRING WHEN YOUR NEW MOBILE FOOD UNIT IS INSPECTED

Restricted and Unrestricted Mobile Food Units

  1. Current proof of product liability insurance
  2. Current proof of identification
  3. An original, notarized letter from an approved central preparation facility dated withing the last 30 days authorizing use.
  4. Submit plans for approval
  5. A current route list or itinerary to be provided quarterly (If mobile vendor is at a single location, then a wastewater hauler contract must be provided)
  6. $125 application fee (proposed new fee)
  7. Valid Sales Tax Permit (available at http://www.window.state.tx.us/taxpermit)
  8. Signed and approved inspection report from Austin Fire Department

Proposed Checklist for Application Process

WHAT TO BRING WITH YOU, OR INCLUDE WHEN RENEWING YOUR HEALTH PERMIT

Restricted Mobile Food Units

  1. Current proof of product liability insurance
  2. Current proof of identification
  3. An original, notarized letter from an approved central preparation facility dated withing the last 30 days authorizing use.
  4. Submit plans for approval (if plans have never been submitted)
  5. A current route list or itinerary to be provided quarterly (If contracted with an approved wastewater hauler, trip tickets must be provided)
  6. $125 application fee (proposed new fee)
  7. Valid Sales Tax Permit (available at http://www.window.state.tx.us/taxpermit)
  8. Trip log from an approved central preparation facility may be requried verifying that the unit has been properly serviced for the previous year.
  9. Signed and approved inspection report from Austin Fire Department

Effective Date of Changes

October 1, 2010

Older information
During a public hearing before City Council on May 21, 2009, relating to amending the map indicating areas with additional regulations applying to mobile food establishments in accordance with Sec. 25-2-812 of the City Code, Paul Saldana and Tom Ramsey spoke requesting that the council “consider a long overdue assessment of the city’s regulatory standards and permitting process” (Closed Caption Transcript, May 21, 2009, Item #59). Council Member Martinez requested that the item be posted on the next meeting of the Public Health and Human Services Subcommittee.

At the June 16, 2009, Public Health and Human Services Subcommittee meeting, representatives of Austin/Travis County Health and Human Services (HHSD), Environmental and Consumer Health Unit (ECHU), and the Code Enforcement Department (CED), gave a brief overview of current regulations and enforcement effort of the two types of rules regulating mobile food vendor (MFV) units—those relating to food safety (ECHU) and those relating to set-back requirements, limitation of hours, and zoning issues. (CED). Paul Saldana presented on behalf of Tom Ramsey, owner of Snappy Snacks Mobile Catering, eight proposed regulations that the City of Austin should implement.

The task force is now in place and has been in preliminary meetings with the Mobile Vending Community to discuss these proposed changes. The purpose of these meetings is to “discuss and outline” what changes would have to be made in the mobile vending ordinance in order to meet the request for the rule changes presented by Mr. Tom Ramsey to the Austin City Council. These meetings will inform and gather information from Mobile Vendor Owners about the 10 items.

We are now at a point where we are beginning to field questions from the vendors concerning issues that require input from other Departments. They include law issues, R.O.W, plan review, liquid haulers and discharges.

The Austin/Travis County Health Department will hold an informational meeting on Wednesday, January 27, 2010 at City Hall (301 W. 2nd St.) to discuss the possible changes. We will be meeting in Room 1029 from 2 p.m. to 4 p.m.

The items put forth by Snappy Snacks included;

  • Proof of Liability Insurance
  • Notarized Documentation of Daily Commissary Use
  • Proof of Texas Sales and Tax Use permit
  • Itinerary for Truck Routes
  • Agreement with Property Owner to Vend on Private Property
  • Written Permission to Use Restrooms at Work Site
  • Certification of Commissaries
  • Commercially Manufactured Unit or Unit Plan Required
  • Retention Tank/Grease Trap
  • Low Propane gas Units

This information was gathered with the cooperation of David Lopez, his information is below.

David B. Lopez, Manager
Environmental and Consumer Health Unit
Austin Travis County Health Department
512-972-5687 wk 512-972-5630 fax
david.lopez@ci.austin.tx.us

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10 Responses  
  • StreetFoodNews 01-26-2010 | AustinFoodCarts writes:
    January 26th, 2010 at 3:42 pm

    [...] Information on Proposed Changes to City Code for Mobile Food Vendors Recent Posts [...]

  • StreetFoodNews 02-02-2010 | AustinFoodCarts writes:
    February 2nd, 2010 at 8:21 am

    [...] Information on Proposed Changes to City Code for Mobile Food Vendors Recent Posts [...]

  • Waffeleisen writes:
    February 19th, 2010 at 5:48 pm

    Thanks for the infos! Your blogpost actually helped me.

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  • StreetFoodNews 02-23-2010 | AustinFoodCarts writes:
    February 24th, 2010 at 8:10 am

    [...] Information on Proposed Changes to City Code for Mobile Food Vendors Recent Posts [...]

  • Luisa writes:
    April 17th, 2010 at 11:11 pm

    Wow this is great, at least someone is thinking about the safety of Food Vendors and to the customers.

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  • Welcome to Austin Food Carts! | AustinFoodCarts writes:
    May 3rd, 2010 at 8:37 am

    [...] Information on Proposed Changes to City Code for Mobile Food Vendors [...]

  • melissa riley writes:
    May 23rd, 2010 at 8:52 am

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  • David G Marrero writes:
    June 24th, 2010 at 9:20 pm

    Please take into consideration that Austin has survived because of its ability to be creative and different. We are survivors in our own jungle, so as it may be a good Idea to organize what may seem to be a step forward thus may also push away potential revenue. Well as crowds that have been accustom to different may find that Austin will become too expensive to live in anymore. keep use strait but don’t push us out, we all have dreams of brick walls and AC it just takes use a little while longer to get their.
    Thanks: And Chow for now.

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  • jkcrewgolf writes:
    July 22nd, 2010 at 9:39 pm

    What a good day for me to browse. I’ve stumbled on your post and its a great help to me. Thanks for the information. Keep it up.

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  • Qualified Food Handler writes:
    August 15th, 2010 at 12:56 am

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