[Ord. No. 14-18,[1] 1-22-2015]
A certain document, three (3) copies of which are on file in
the office of the City Clerk of the City of Hollister being marked
and designated as the Food Code, 2009 Recommendations of the United
States Public Health Service/Food and Drug Administration as published
by the United States Department of Health and Human Services, Public
Health Services, Food and Drug Administration be, and is hereby adopted
(Chapters 1 through 8 and Annex 1) as the Food Code of the City of
Hollister, Missouri; for regulating the design, construction, management
and operation of food establishments, mobile food vendors and providing
for plan submission and approval and the issuance of permits and collection
fees.
[1]
Editor's Note: This ordinance also superseded former
Ch. 245, Food Code, adopted and amended 2-5-1996 by §1 of Ord.
No. 96-02; 9-5-2002 by Ord. No. 02-34; 10-16-2008 by Ord. No. 08-39;
and 9-5-2013 by Ord. No. 13-13.
A.
The annual permit fee for the food processor or manufacturer and
warehouses shall be based on assessed risk priority and inspection
frequency.
C.
The City of Hollister and Taney County Health Department will perform
one (1) time per year, a courtesy re-inspection, at no cost to the
owner.
[1]
Editor's Note: Ord. No. 16-02 also changed the title of this
Section from "Health Permit Fees" to "Food Health Permit Fees."
[Ord. No. 14-18, 1-22-2015]
B.
The event organizer shall complete a temporary food event organizer
application and be responsible for each vendor completing a temporary
food service operator application. The event organizer shall turn
in all applications [thirty (30) days prior to an event] to the City
and remit the designated fees.
[Ord. No. 14-18, 1-22-2015]
A.
Purpose. This Section is intended to provide for
the health, safety and welfare of patrons by enacting a process for
licensing, inspecting, and enforcing food code standards for mobile
food vending operations in the City of Hollister, Missouri.
B.
MOBILE FOOD VENDOR
MOBILE VENDOR LOCATION
SIDEWALK/PARKING LOT
VENDING TRAILER/CART/STAND
VENDOR SITE
Definitions. As used in this Section, the following
terms shall have the meanings indicated:
Any person who exhibits, displays, gives away, offers for
sale or sells any food or beverages, from any vending cart/stand from
a sidewalk, parking lot, or other public designated location.
The designated locations are specified only in "C-2" Commercial,
"C-3" Commercial, "C-R" Commercial Retail or Planned Development districts
if listed in the restrictions and a buffer of five hundred (500) feet
must be maintained between mobile food vendors approved by the City
of Hollister.
[Ord. No. 16-25, 5-19-2016]
All that area legally available to the public to use as a
pedestrian public way between the curbline and the legal house line
of the abutting property; or locations agreed upon for use by the
legal owner, in writing, of that sidewalk or parking lot.
Any showcase, table, bench, rack, handcart, pushcart, trailer
(permanent or non-permanent) or any other fixture, device or thing
which is used to display, exhibit, carry, transport, store, offer
for sale, or sell any food or beverages, upon the sidewalk, parking
lot, right-of-way, or property that has been approved by the owner
and the City of Hollister, in writing.
A specified location within a permitted area that is approved
by an owner of property or business where street, sidewalk, or parking
lot vending may occur. The vendor location must be a geographic location
with a continuous border: example a town square or designated square
blocks.
C.
Where And How Allowed.
1.
All mobile food vendors shall submit a written and signed document
from the owner of the property requested as a vendor location.
2.
Outdoor seating is permitted only after the City's receipt
of a written and signed document stating the number of seats and a
plan for seating from the owner of the property where the vendor is
asking or the seating is in conjunction with an approved special event.
3.
Mobile food vendors of any type must be located on a paved surface
large enough to accommodate the vendor and customer vehicles unless
it is part of an approved special event.
D.
Exceptions.
1.
The provisions of this Section shall not apply to:
a.
The temporary placement of goods, wares, or merchandise on the
sidewalk in the ordinary course of delivery, shipment or transfer;
b.
The placing and maintenance of stands and other display or sales
devices for the sale, display or offering for sale of newspapers,
magazines, periodicals, paperbound books, and the maintenance of lottery
machines for the sale of the State Lottery as provided for by the
State Lottery Law;
c.
The display and sale of Christmas trees;
2.
Sidewalk vending by the owner or tenant of the abutting building
that takes place within six (6) feet of that building:
a.
If the business is preparing food within six (6) feet of its
building and it is a permitted permanent food establishment with Taney
County Health Department, and the sale of food is taking place inside
the food establishment, then no vendor permit is required.
b.
If the business is preparing food outside of its building and
it is selling the food from that location outside the business, then
a vendor permit will be required.
c.
If the business is preparing food outside and it is not a permitted
food establishment, it will be required to obtain a permit from the
Health Department.
3.
All religious, educational, nonprofit, fraternal or civic organizations
shall be exempt from the fees authorized by the fee schedule.
E.
License. It shall be unlawful for any person to
engage in the business of a mobile food vendor that also includes
street, sidewalk, or parking lot within the City of Hollister without
first obtaining a Hollister business license and health permit from
Taney County Health Department.
1.
All Hollister business licenses and health permits issued under
this Section shall permit the mobile food vendor to conduct operations
only at the vendor site designated in an assigned location stated
within the business application from City of Hollister.
a.
All mobile food vendors shall obtain a Hollister business license
unless they are participating in a permitted special event. This will
require sales tax identification for one (1) specific Hollister address.
Approved, licensed mobile food vendors will be licensed for only one
(1) address.
b.
The mobile food vendor will designate his or her site for approval in the Hollister business license application. The vendor will have a maximum of two (2) weeks to notify the City of Hollister and health inspector approving the permit of any site location changes. Site changes must be approved before the vendor moves. At two (2) weeks, the permitted sites that were last communicated (in writing) to the City of Hollister and Health Department will become permanent. If there is no notification from the vendor at the end of two (2) weeks, then the sites listed in the application will be the permanent site. If the vendor has moved from the approved site without notification, he or she will be in violation of his or her permit and will have to begin the permitting process again and will be subject to Subsection (L) of this Section.
2.
Every license shall be non-transferable.
3.
The permit must be posted in a place visible to the public.
F.
Application And Permits.
1.
Each person or his or her employee shall, while engaged in the
business of mobile food vending under this Section, carry a certified
food manager card per the food code adopted by the City on his or
her person. In addition to the certified food manager card, Department
shall issue a health permit to be displayed for the specific location
in which the food vending may take place; and the vendor shall not
go out of his or her approved location.
2.
The health permit will allow the vendors to go to temporary
events, provided that they appropriately associate with the temporary
event organizer who has submitted a special event application with
the City of Hollister.
G.
Permit Issuance, Renewal, And Inspections. Permits
shall be issued and renewed upon payment of an annual fee as set forth
in the fee schedule. The mobile food vendor shall be in compliance
with the current food code adopted by and enforced by the City of
Hollister and Taney County Health Department.
1.
Health permits that are renewed shall permit the mobile food
vendor to continue to vend from the same site as designated in the
permit being renewed.
2.
Mobile food vendors will be classified by risk category according
to the current food code adopted by and enforced by the City and Taney
County Health Department.
3.
Fees for high, medium, and low risk facilities will apply, including
reinspection and complaint investigation fees. These will be established
according to the current food code adopted by and enforced by the
City and Taney County Health Department.
4.
Vendors will be subject to unannounced inspections according
to the risk classification defined by the current food code adopted
and enforced by the City and Taney County Health Department.
H.
Vendor Site Process. The mobile food vendor applying
for a vendor's permit will have to issue the site location as
well as permit application, including menu, site plans and mobile
food vendor plans of the vending trailer, cart or stand.
I.
Trash Removal And Clean Up.
1.
Mobile food vendors are responsible for keeping the sidewalk,
parking lot, or street within twenty (20) feet of their stands clean
of all trash generated by their vending operations, and for washing
that area or any eating areas occupied by their stand in a manner
that will prevent rodent and/or pest infestation.
2.
Mobile food vendors must remove from the permitted site at the
end of each day, all trash, litter, garbage, refuse and waste, including
but not limited to greasy cooking water, generated by their vending
operations. No vendor may place or deposit any trash, litter, garbage,
refuse or any other wastes generated by his or her licensed operations
on the sidewalk, in any public receptacle, or on any private property
without the express permission of the property owner.
J.
Permitted Stand Designs And Required Stand Maintenance.
1.
Permitted mobile food vendors may only use stands that have been inspected and approved by the City and the Taney County Health Department and in conformance with the current FDA food code adopted by the City (As stated in Subsection H, Vendor Site Process, "The mobile food vendor applying for a vendor's permit will have to issue the site location, as well as permit application, site plans and mobile food vendor plans of the vending trailer, cart or stand.") This application process shall address the dimensions, structural materials, mobility, and other design aspects of the stands, with the purpose of protecting public safety and ensuring that stands are placed on the public rights-of-way and maintained in a neat, clean and orderly fashion.
2.
All mobile food vending carts/trailers/stands shall have a minimum
of a three-compartment sink, and hand wash sink, and hot and cold
running water.
K.
Prohibited Conduct. No mobile food vendor shall:
1.
Conduct him/herself or his/her business in such a way as would
restrict or interfere with the ingress or egress of the abutting owner
or tenant, or in such a way as would create or become a nuisance or
hazard to public health, safety or welfare, or increase traffic congestion
or delay, or constitute an obstruction to adequate access to fire,
police, or sanitation vehicles.
2.
Leave any stand unattended on a sidewalk at any time; if it
is a trailer/stand/cart in a parking lot, it may be unattended when
not in operation.
3.
Load or unload merchandise for a period exceeding twenty (20)
minutes during operating hours and not to exceed thirty (30) minutes
before or after operating hours.
4.
Conduct sales from a vehicle or park or maintain any vehicle
in parking spaces adjacent to mobile food vendor sites.
L.
Penalties; License Suspension.
1.
The violator of any provision of this section as well as the
current FDA Food Code adopted by the City of Hollister and Taney County
Health Department shall have ten (10) days to correct the issue. If
the violation is not corrected and in compliance with this Section
as well as the current FDA Food Code adopted by the City, the mobile
food vendor will receive a warning of violation and will have three
(3) days to correct the issue or the vendor will have a permit suspension
of up to thirty (30) days and will not be able to operate until the
suspension is over and/or the violation has been corrected. If the
mobile food vendor has not come into compliance within thirty (30)
days of the suspension, the vendor will have to reapply for a mobile
food vending permit and will have a ninety-day waiting period to have
a new health permit. Priority foundation and core violations, as defined
in the currently adopted FDA Food Code, will be required to be corrected
by the next routine inspection or they will become priority violations.
2.
Failed inspections.
a.
When a mobile food vendor receives a score of less than 70 but
greater than 59 on a routine inspection, then that vendor, at the
discretion of the regulatory agency, shall have three (3) days to
correct all priority and ninety percent (90%) of priority foundation
and core violations.
b.
When a mobile food vendor receives a score of less than 60 on
a routine inspection, or with six (6) or more priority violations,
it shall have twenty-four (24) hours to correct all priority and ninety-five
percent (95%) of all priority foundation and core violations, or be
immediately closed for a time frame determined by inspector.
3.
Enforcement of code violations will be in compliance with the
current food code adopted by and enforced by City of Hollister and
the Taney County Health Department.
4.
Any permit issued under this Section may also be revoked for
any of the following reasons:
M.
Jurisdiction. The regulations contained in this
Section shall be applicable to all mobile food vending throughout
the City of Hollister.
