[Ord. No. 18-01, 2-1-2018; Ord. No. 22-05, 11-2-2022]
A. 
Mobile Food Establishments.
1. 
Permit Requirements.
a. 
The owner or person in charge of a MOBILE FOOD ESTABLISHMENT shall pay the appropriate fee, obtain a PERMIT from the REGULATORY AUTHORITY annually and shall present the MOBILE FOOD ESTABLISHMENT to the REGULATORY AUTHORITY if applicable, for inspection as required by the REGULATORY AUTHORITY.
b. 
MOBILE FOOD ESTABLISHMENTS shall comply with the requirements of this Section and all other applicable Sections of the CODE except as otherwise provided in this paragraph. The REGULATORY AUTHORITY may impose additional requirements to protect against health hazards related to the conduct of the FOOD ESTABLISHMENT as a mobile operation, may prohibit the sale of some or all TIME/TEMPERATURE CONTROL FOR SAFETY FOOD, and when no health hazard will result, may waive or modify requirements of this Section relating to physical facilities.
c. 
ALL MOBILE FOOD ESTABLISHMENTS shall display a valid and approved MOBILE FOOD ESTABLISHMENT PERMIT issued by the REGULATORY AUTHORITY at all times in a place conspicuous to the public.
d. 
The operator of the MOBILE FOOD ESTABLISHMENT must submit approved COMMISSARY documentation as required by the REGULATORY AUTHORITY, and upon request of the REGULATORY AUTHORITY, a current list of the proposed food service locations and approximate arrival times to those locations.
2. 
(Reserved)
3. 
(Reserved)
4. 
(Reserved)
5. 
(Reserved)
6. 
(Reserved)
7. 
(Reserved)
8. 
(Reserved)
9. 
Water Supply and Wastewater Tanks, Toilet Facilities.
a. 
A water supply tank of sufficient capacity to furnish an adequate quantity of potable water for FOOD preparation, cleaning, and handwashing purposes shall be provided.
b. 
A water heater capable of heating water to a minimum of thirty-eight degrees Celsius (38° C.) (100° F.), interconnected with the potable water supply, shall be provided.
B. 
(Reserved)
1. 
(Reserved)
2. 
(Reserved)
C. 
Commissary.
1. 
Storage And Service.
a. 
As determined by the REGULATORY AUTHORITY a MOBILE FOOD ESTABLISHMENT shall operate from a COMMISSARY or other fixed food facility and shall report daily to such location for all food and supplies and again for all cleaning, servicing operations and waste disposal.
b. 
The COMMISSARY or other fixed food facility used as a base of operation for MOBILE FOOD ESTABLISHMENTS shall be constructed and operated in compliance with the requirements of the CODE. If the COMMISSARY is located outside Cass County, the MOBILE FOOD ESTABLISHMENT operator must show proof that said COMMISSARY possesses a valid license or permit and has had a satisfactory recent inspection from the appropriate regulatory authority for that location.
c. 
The COMMISSARY shall have all the necessary equipment needed to properly prepare and process food for sale from a MOBILE FOOD ESTABLISHMENT.
D. 
Temporary Food Establishment.
1. 
Permit Requirements.
a. 
A PERMIT issued by the REGULATORY AUTHORITY is required for all TEMPORARY FOOD ESTABLISHMENTS.
b. 
An application, a PERMIT fee and other requested information must be received no later than fourteen (14) days prior to the event at which the TEMPORARY FOOD ESTABLISHMENT is to operate.
c. 
A PERMIT fee must be paid at the time of application.
d. 
A PERMIT to operate as a TEMPORARY FOOD ESTABLISHMENT must be issued prior to the event opening. The PERMIT must be displayed in view of the public.
e. 
Adequate means shall be provided to maintain the required FOOD temperature established by this Code.
f. 
A supply of safe water must be made available. Water from hoses may not be used for FOOD preparation or BEVERAGE service. APPROVED backflow protection must be provided, as applicable.
g. 
Failure to obtain the appropriate permit prior to the event will result in closure for the TEMPORARY FOOD ESTABLISHMENT.
2. 
Layout — Booth Location, Construction, And Equipment.
a. 
Booths must have overhead covers, such as tents or canopies, to protect FOOD from overhead contamination. Physical BARRIERS such as counters or tables must be used to separate the FOOD SERVICE AREA from the customers.
b. 
Provisions should be made to protect the public from hot EQUIPMENT.
c. 
Food and food related items shall not be stored on the ground or floor.
d. 
Ice must come from a service approved by the REGULATORY AUTHORITY. Ice used to keep foods cold shall not be served.
e. 
A handwashing station must be located in the booth. The handwashing station must include potable water, dispensed liquid soap, disposable paper towels and a container to catch wastewater.
f. 
Only employees shall be allowed in the food service areas.
g. 
Measures must be taken to control flies and other insects and pests.
h. 
Garbage must be kept in covered, lined, easily cleanable containers.
i. 
Areas surrounding food booth must be kept clean and free of litter.
j. 
Electrical equipment must be kept and maintained in a safe manner.
k. 
Warewashing stations must have containers filled with water to allow for washing, rinsing and sanitizing equipment and utensils.
l. 
Toilet facilities must be available for food employees.
[Ord. No. 18-01, 2-1-2018]
All permits except permits for temporary food establishments are issued for a permit year. The permit year is January first through December 31st and may be issued for any portion thereof to a new food establishment or one (1) that is reapplying after final suspension or revocation. All existing food establishments holding permits must complete annual renewal, including payment of the yearly permit fee and any outstanding penalty fees for prior late payments of permit fees imposed pursuant to this provision, no later than December 31st of each current permit year. Fees and renewal requests must be postmarked no later than December 31st or a penalty fee of fifty dollars ($50.00) per month will be assessed, in addition to the yearly permit fee. Fees are not prorated, unless otherwise stated in this Section.