conflicting ordinances, providing for publication, enforcement, codification, and savings, and declaring an effective date.

Transcription

1 Ordinance No An ordinance replacing Article III of the Victoria City Code to revise and update regulations pertaining to Itinerant Vendors, Solicitors, Outdoor Sales and Mobile Food Vendors, repealing all conflicting ordinances, providing for publication, enforcement, codification, and savings, and declaring an effective date. Whereas this revision and update of this ordinance creates new sections specifically related to mobile food vendors, updates requirements such as background checks for all types of vendors, provides for alterations to farmer' s mandatory market rules to comply with newly adopted state laws, combines itinerant vendor and outdoor sales into one section, and eliminates the need for charitable solicitors to register with the City; Now therefore, be it ordained by the City Council of the City of Victoria, Texas: 1. That Article III of Chapter 14 of the Victoria City Code is hereby entirely replaced in the form of Exhibit" A," attached hereto and incorporated herein for all purposes. 2. All ordinances or parts of ordinances in conflict with this ordinance are repealed to the extent of such conflict. 3. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor. In addition to any other remedy provided by law, the City and its officers shall have the right to enjoin any violation of this ordinance by injunction issued by a court of competent jurisdiction. 4. The City Secretary shall publish the caption or a descriptive title of this Ordinance one time within 10 days after final passage of the Ordinance in a newspaper of general circulation in the City of Victoria in accordance with Article II, 10 of the City Charter. 5. It is the intention of the City Council that this ordinance shall become a part of the Code of the City of Victoria, Texas, and it may be renumbered and codified therein accordingly, in the manner approved by the City Attorney. The Code of the City of Victoria, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. 6. If any provision of this ordinance, or the application thereof to any person or circumstances, shall be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the other provisions, or application thereof, of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. 7. The provisions of this Ordinance shall become effective 10 days after final passage and approval by the City Council of the City of Victoria, Texas. Passed, First Reading, Ayes: 7 Nays: 0 Abstentions: 0 Passed, Second Reading, Ayes: 5 Nays: 0 Abstentions: 0 this the 21st this the 5th day of June, 2016 day of July, 2016 Page 1 of 2

2 19th Passed, Third Reading, this the day of July, 2016 Ayes: 7 Nays: 0 Abstentions: 0 Approved and adopted, this the 190 day of July, 2016 VICro 0-4b ad Paul Polasek, Mayor of the 4 City of Victoria, Texas a Attest: TEX S' Approved as to Legal Form: I kwid60:cc/l_ arl t Swobo _ Secretary Thomas A. Gwos z, ty A rney Distribution: Legal Department Copies Sent: July City Secretary' s Office 22, 2016 Page 2 of 2

3 ARTICLE III. - ITINERANT VENDORS, SOLICITORS, OUTDOOR SALES, AND MOBILE FOOD VENDORS Sec Definitions. The following terms shall have the following meanings when used within this article: Business location: Ownership and occupancy of a commercial building in direct connection with sales of goods or services, or the lease of such a building for such use for at least ninety( 90) days. Central Preparation Facility: A facility constructed and operated in compliance with the Texas Food Establishment Rules promulgated by the Texas Department of State Health Services used as a base of operations from which a Mobile Food Vendor operates and to which a Mobile Food Vendor shall report for supplies and for cleaning and servicing operations. Farmers Market: An organization designated by resolution from City Council consisting of persons who sell home- grown, unprocessed, or canned/ preserved products in accordance with Section herein. Fixed Location: A stationary and established location within the City of Victoria. Goods: Any form of tangible personal property. Interstate commerce: The sale of goods for subsequent delivery by mail or common carrier shipment from a location outside of the state of Texas. Itinerant vendor: Any person who exhibits, displays, sells, or offers for sale any commodity from a stand located on public or private property, from door-to- door, or from place- to- place within the City. Mobile: the state of being in active, but not necessarily continuous, movement. Mobile Food Vendor: any food establishment that prepares, serves, sells, or distributes any food or beverage from a mobile food preparation vehicle that is not operating at a permanent fixed location within the City of Victoria in accordance with Section herein. The term shall include, but not be limited to: 1) Mobile food truck or vehicle: a food establishment that prepares, serves, sells, or distributes any food or beverage from a mobile food preparation vehicle that is permanent, fixed location; not operating at a 2) Concession carts: self-contained units that must be moved by non- motorized means and which only sell prepackaged food and beverages, or food and beverages which are nonrefrigerated; or 3) Concession truck or trailer: a trailer or vehicle- mounted unit capable of being readily moveable, fully self-contained, and may sell limited menu items including, but not limited to, hot dogs, corn dogs, nachos, corn, popcorn, pretzels, snow cones, funnel cakes, tea, lemonade, or prepackaged foods. Non- refrigerated: edible goods that are not required to be kept at a temperature below forty- one 41) degrees Fahrenheit according to the federal Food and Drug Administration and the Texas Food Establishment Rules. Primarily residential area: an area of property along one side of a public street between two adjacent intersecting public streets in which a majority of the total street frontage is used for residential purposes. Portable trash receptacle: a container, device, etc. that receives or holds trash that can be easily moved by a person. A commercial garbage dumpster is not a portable trash receptacle. Page 1 of 12

4 Relocate: to move to a different parcel or tract. Any requirement to relocate under this Article shall not prohibit a business from returning to that parcel or tract on a subsequent date. Residence location: Ownership and occupancy of a building for residential purposes, or the prior continuous occupancy of a leased or rented building for residential purposes for at least ninety( 90) days. Sale or selling: Any exchange of money for goods or services, including orders involving future payment or delivery. Service or services: The performance of work or labor, including work or labor furnished in connection with the sale or repair of goods. Sec Purposes. The purposes of this article are as follows: A. To establish a method for inquiring into the background of itinerant vendors, solicitors, and persons conducting outdoor sales. B. To maintain records open to the public with information regarding the background of itinerant vendors, solicitors, and persons conducting outdoor sales. C. To regulate the location and activities of itinerant vendors, solicitors, and persons conducting outdoor sales. Sec Itinerant vendors Permit required; application. A. It shall be unlawful for any itinerant vendor over the age of 18 to sell or offer for sale any goods or services, from a fixed location visible from a public street, or from house- tohouse, or from place- to- place, without first obtaining a permit from the City Secretary. Each individual who qualifies as an itinerant vendor herein shall be required to separately apply for and receive the permit herein prior to engaging in any activities as an itinerant vendor. B. Itinerant vendor permits are not required for sales by authorized vendors at Bootfest and events organized or co- sponsored by the Parks and Recreation Department. C. Applications for itinerant vendor permits shall be made on a form provided by the City Secretary, which shall contain at least the following information: 1. The full name of the applicant; 2. The applicant' s permanent home or business address, and temporary local address; 3. The name and address of the company, if any, which the applicant represents; 4. The names of the last three ( 3) cities or towns in which the applicant has conducted sales; 5. A detailed description of all goods or services to be offered for sale; 6. The names of credit references, including banks and credit cards; 7. The applicant' s date of birth and driver' s license number; 8. A description of any vehicle to be used by the applicant including the make, color, and license plate number; 9. Whether sales will be conducted from house-to- house and place- to- place, or from a fixed location, specifying such fixed location; Page 2 of 12

5 10. For an itinerant vendor operating from a fixed location, written, dated proof of permission from the property owner, specifying the dates and locations authorized. 11. Whether the applicant has ever been convicted of any felony, or any form of fraud, theft, or other crime involving moral turpitude, and if so, the type of crime and date and place of conviction; 12. The number and date of issuance of state sales tax permit; and 13. A statement given by the applicant under oath that all information provided on the application form is true and correct. 14. A statement that the applicant consents to an investigation of the applicant' s local, state, and federal criminal records and authorizes their release to the City of Victoria for the purpose of investigating the issuance of the permit hereunder. D. The completed application form shall be accompanied by the presentation of at least two forms of identification, one of which must be a picture identification card that is official and contains the registrant' s date of birth and permanent address, and all fees as prescribed by separate ordinance, based upon the expense reasonably to be incurred by the City in conducting the investigation hereinafter provided. E. If sales are to be conducted from any fixed location, the application shall be accompanied by written, dated proof of permission of the property owner specifying the dates and locations authorized. A permit issued on such basis shall be good only for the locations specified in such written permission. F. Any person soliciting or accepting donations or contributions or selling or offering to sell any goods or services on behalf of an organization that is registered with the Internal Revenue Service as a 501( c)( 3) nonprofit organization, and that operates within Victoria County, is exempt from the Itinerant Vendor Permit requirements of this section and any accompanying fees. Sec Same Investigation; permit issuance or denial. A. The Chief of Police, or a duly authorized representative, shall conduct an investigation into the background of all applicants for itinerant vendor permits. The investigation may include a check of the applicant' s local, state, and federal criminal records, shall include making a permanent report of the identity of all permit applicants, and shall not exceed ten( 10) working days to conduct. B. In accordance with V.T.C.A., Occupations Code et seq., after notice to the applicant with an opportunity for applicant to present evidence, the Chief of Police shall deny issuance of a permit if the application or investigation shows any of the following: 1. The applicant has been convicted of an offense listed in Article or Section 3g, Article , Code of Criminal Procedure; 2. Within five ( 5) years preceding the date of the application, a civil judgment for fraud, deceit, or misrepresentation was entered against the applicant; 3. The permit application includes a false statement by the applicant; 4. The proposed selling activities are illegal under federal, state, or local laws; or 5. A violation of the prohibitions listed in this article. C. Upon approval of an application by the Chief of Police, the City Secretary shall issue a permit to the applicant containing the following information: Page 3 of 12

6 1. Name and temporary local address of vendor. 2. Name of company, if any, represented by vendor. 3. Description of goods or services to be offered by vendor. 4. A statement that issuance of the permit in no way constitutes an endorsement of the vendor, or of the vendor' s goods or services, and that further information regarding the vendor is on file for public inspection during normal business hours at the City Secretary' s office. Sec Term of permit; renewal; relocation; suspension; revocation. A. Itinerant vendor permits shall be effective for a period of six ( 6) months from date of issuance or until earlier if revoked by the Chief of Police. B. Itinerant vendor permits shall not be renewed without following the procedures for applying for the original permit. C. Itinerant vendors holding valid, current permits for sales from a fixed location may relocate and sell from a different fixed location only after presenting the City Secretary with: 1. the valid, current itinerant vendor permit; 2. written permission from the property owner of the different fixed location, and 3. the relocation fee established in Section of the City Code. D. In accordance with V.T.C.A., Occupations Code et seq., after notice to the applicant with an opportunity for the applicant to present evidence, the Chief of Police may suspend or revoke an itinerant vendor permit for up to thirty ( 30) days upon the holder thereof being charged with a felony or misdemeanor that directly relates to the duties and responsibilities of an itinerant dealer. The Chief of Police may renew such suspension for periods of up to thirty ( 30) days each time upon a discretionary finding that the holder' s possession of an itinerant vendor' s permit presents a threat to the public. E. The Chief of Police shall revoke an itinerant dealer permit upon the holder being convicted of a felony. The Chief of Police may revoke or suspend an itinerant vendor permit upon the holder being convicted of misdemeanor that directly relates to the duties and responsibilities of a secondhand dealer, including any violation of the provisions of this article. Sec Regulation of activities. A. Permits issued under the provisions of this Article shall be carried by the holder thereof at all times and shall be exhibited on demand of any citizen or police officer. B. It shall be unlawful for any person to engage in selling or soliciting activities at a private residence at any time between thirty ( 30) minutes after sunset and thirty ( 30) minutes before sunrise without prior invitation from the occupants of the residence. C. It shall be unlawful for any person to engage in selling or soliciting activities upon premises where a sign is posted prohibiting such activities, with wording such as " NO SOLICITORS." Sec Sales upon streets, sidewalks, public premises. A. It shall be unlawful for any person to sell or offer for sale any goods or services upon a public street, sidewalk, or alley, except as provided in section or Page 4 of 12

7 B. It shall be unlawful for any person to sell or offer for sale any goods or services upon any municipally owned premises within the City, other than streets, sidewalks, and alleys, without obtaining a written permit from the City Secretary upon such terms and conditions as may be determined by the City Council, or by applicable ordinances. C. This section shall not apply to a Farmers Market as designated by the City Council to operate on municipal property or on a public street or sidewalk under section Sec Street vendors. A. It shall be unlawful for any person to sell or offer for sale any prepackaged food including, but not limited to candy, beverages, and ice cream, from a vehicle upon a public street without first obtaining a Street Vendor Permit from the City Secretary. The term of permits shall be from January 1 to December 31 of the year of issuance. B. Applications for Street Vendor Permits shall be made on a form provided by the City Secretary including at least the following information: 1. The name, date of birth, driver' s license number, home address, business address, and business telephone number of the applicant. 2. A description of each vehicle to be used including the make, model, vehicle identification number and license number. 3. A description of the products or services to be sold. 4. Each completed application shall be accompanied by a fee for each vehicle as prescribed by separate ordinance and by a certificate of liability insurance for each vehicle, naming the City as an additional insured, in amounts of not less than three hundred thousand dollars ($ 300, ) for claims of injury to or death of one person, five hundred thousand dollars ($ 500, ) for all claims for injury to or death of persons arising from a single accident, and one hundred thousand dollars($ 100, ) for claims for damage to property. C. The Chief of Police shall conduct a background check as per section and, provided the applicant passes the background check, the City Secretary shall issue a permit for each vehicle proposed to be operated by the applicant upon compliance with the provisions of B. above and with other applicable ordinances, and upon certification that each vehicle complies with the following equipment requirements: 1. Vehicles shall be identified on the front and rear thereof by reflective lettering at least eight( 8) inches in height stating" CAUTION STREET VENDOR." 2. Vehicles shall be equipped with amber flashing lights at the front and rear thereof visible from at least five hundred ( 500) feet in normal daylight. 3. All vehicles conducting sales of goods that generate litter shall be equipped with containers for the deposit of such litter, accessible from the outside of the vehicle. 4. Audible devices used on vehicles shall not be capable of being heard more than three hundred( 300) feet from the vehicle. D. It shall be unlawful for any person to sell or offer for sale any goods or services from any street vending vehicle contrary to the following operating requirements: 1. Vehicles shall pull as far as practicable to the right hand curb or edge of the roadway, and shall come to a complete stop, before conducting any sale and during all times when sales are conducted. Page 5of12

8 2. All sales from vehicles shall be conducted in such a manner that persons do not enter or leave the sales vehicle in order to conduct sales. 3. No sales shall be conducted within any of the following areas: a) Upon any street designated as a collector or an arterial thoroughfare as designated on the adopted thoroughfare master plan. b) Upon any street within a public park. 4. Sales from vehicles shall be made only from the curbside of such vehicles. 5. Amber flashing lights shall be activated each time, and only when a vehicle stops to conduct a sale. 6. Sales shall be conducted only during the time between thirty ( 30) minutes before sunrise and thirty( 30) minutes after sunset. E. Upon the first conviction of an operator of a permitted vehicle for a violation of the requirements of C. or D. above, the permit of such vehicle shall be suspended for a period of thirty ( 30) days. Upon the second such conviction, the permit of the vehicle shall be revoked for the duration of its term. F. Each person conducting sales from vehicles upon streets shall comply with applicable permit or registration requirements of this article, and with applicable health department permit requirements and regulations. Sec Farmers markets. A. It shall be unlawful for any person to sell or offer for sale fresh fruits, vegetables, or other produce from an open stand or vehicle except at a Farmers Market designated by the City Council. B. Any organization consisting of growers of fresh fruit, vegetables, or other produce may request the designation of a Farmers Market by the City Council. Any such request shall be accompanied by: 1. A copy of the by- laws of the organization showing that it will continue to function during the term requested for the designation, and requiring membership for all persons conducting sales at markets sponsored by the organization; and 2. A copy of the proposed rules and regulations governing health and sanitation at the market and identifying a single person responsible for enforcing compliance with such rules and regulations. C. The City Council may designate one or more Farmers Markets by resolution. A resolution designating a farmers market shall state: 1. The specific location where the market will be conducted; 2. The name of the organization sponsoring the market; 3. The term of the designation; and 4. The approval of the rules and regulations governing operation of the market. Such rules and regulations may not be amended after the designation except with the approval of the City Council. D. The sponsoring organization for a Farmer' s Market location shall file a list of all organization members with the City Secretary within ten ( 10) days of designation of the location by the City Council. Such members shall not be subject to otherwise applicable Page 6 of 12

9 provisions of this Article regarding itinerant vendors or commercial outdoor sales. The organization shall file updated lists with the City Secretary as the membership changes. E. It shall be unlawful for any person to sell any goods for purposes of resale at a Farmers Market. Fruits and vegetables shall be sold in a fresh, unprocessed, or canned/ preserved state. Honey and syrup must be acquired only from an approved source in a container bearing an approved label. Additional items that may be sold include container plants, fruit and nut trees, vegetable plants, agricultural commodities of ornamental nature ( dried and ornamental gourds, ornamental corn, dried flowers), homemade soaps, eggs, honey, syrup, herbs, and nuts. Canned, preserved, and baked items may be sold only if they have been prepared in a certified kitchen and labeled according to regulatory requirements of the Department of State Health Services or comply with the rules or Cottage Food Production Operations promulgated by the Texas Department of State Health Services. Egg producers selling ungraded eggs to consumers at the Farmers Market are exempt from licensing by the Texas Department of Agriculture, but must be permitted by the County Health Department. The eggs must be stored at a temperature of 45 degrees Fahrenheit or less, and meet requirements specified in applicable Texas Food Establishment Rules. Sec Mobile food vendors and units. A. Permit Required. Any person desiring to operate as a Mobile Food Vendor shall make application to the City Secretary on a form provided for that purpose for a Mobile Food Vendor Permit for each vehicle or unit used as a Mobile Food Vendor. B. Contents of permit application. The application for a Mobile Food Vendor Permit to be issued pursuant to this Article and shall contain at least the following information: 1. The true name of the applicant ( if applicant is not a natural person, applicant shall list the form of business, state of incorporation or organization, and location of headquarters), and the applicant' s date of birth; 2. The trade name under which the applicant conducts business; 3. All addresses and telephone numbers of the applicant; 4. If applicable, copy of charter or articles of incorporation and current listing of directors, partners, or principals( publicly traded companies are exempted); 5. Sales tax number with a copy of sales tax permit; 6. Photocopy of the applicant' s driver' s license; 7. Proof of motor vehicle insurance and registration 8. Copy of permits to do business in Texas for foreign companies; 9. Description of product being sold; 10. Vehicle and/ or unit make, model, vehicle identification number, and license plate numbers. C. Additional prerequisites for Mobile Food Vendor Permit. In addition to the application, an applicant for a Mobile Food Vendor Permit shall provide the City Secretary with: 1. The fee required; 2. A copy of the Victoria County Health Department Permit issued to the Mobile Food Vendor dated no more than three months before the date of the application with the City of Victoria for a Mobile Food Vendor Permit; Page 7 of 12

10 3. A copy of satisfactory inspection report by the City of Victoria Fire Marshal dated no more than three months before the date of the application with the City for a Mobile Food Vendor Permit; D. Mobile Food Vendor Permit approval or denial. 1. Once an applicant is approved for a Mobile Food Vendor Permit, a printed permit shall be issued to the qualified applicant. The permit will be signed by the City Secretary. 2. A permit may be denied where the required information is incomplete, incorrect, or shows that a person is not otherwise entitled to conduct business as a Mobile Food Vendor; 3. A permit may be denied where the required prerequisite permit, testing, and inspections as set forth in paragraph C. are incomplete, incorrect, or fails to pass. E. Expiration date for permits. Any Mobile Food Vendor Permit issued to a qualified applicant shall expire on December 31st of each year and the applicant will be required to obtain a new permit, including all prerequisites to a Mobile Food Vendor Permit as set forth in C., to be effective January 1st of each year. When the new permit is obtained on January 1St of each year, the applicant shall pay a permit fee as prescribed by separate ordinance, enacted from time- to- time, copies of which are on file in the City Secretary' s office, for each vehicle for which a permit is requested. Section Manner of Operation of a Mobile Food Vendor. It shall be unlawful for a Mobile Food Vendor Permit holder or any person operating under the authority of a Mobile Food Vendor Permit holder to operate a Mobile Food Vendor in violation of the terms of this Section. A. Mobile Food Vendor Location restrictions. 1. No Mobile Food Vendor shall conduct business within a primarily residential area or within 25 feet of a parcel or lot in which a single- family residence is located, other than during special events sponsored by a department of the City of Victoria 2. A Mobile Food Vendor shall not conduct sales at a fixed location: a) on any public street, outside of the Downtown Business District as defined by Section 5-149, unless authorized by the City Manager, or a designee: Each completed application shall be accompanied by a certificate of general liability insurance for each vehicle, naming the City as an additional insured, in amounts of not less than three hundred thousand dollars($ 300, ) for claims of injury to or death of one person, five hundred thousand dollars ($ 500, ) for all claims for injury to or death of persons arising from a single accident, and one hundred thousand dollars ($ 100, ) for claims for damage to property; b) in congested areas where the operation of the Mobile Food Vendor impedes vehicular or pedestrian traffic; c) in a designated bike lane; Page 8 of 12

11 d) in a City- owned park unless approved in writing by the Director of Parks and Recreation or designee, or on any property owned by the public, unless approved in writing by the governmental entity which owns such property: Each completed application shall be accompanied by a certificate of general liability insurance for each vehicle, naming the City as an additional insured, in amounts of not less than three hundred thousand dollars($ 300, ) for claims of injury to or death of one person, five hundred thousand dollars ($ 500, ) for all claims for injury to or death of persons arising from a single accident, and one hundred thousand dollars ($ 100, ) for claims for damage to property. 3. No person shall operate a Mobile Food Vendor on any private property without written permission from the property owner to do so. A copy of written permission to operate in a specific location, signed by the property owner, shall be prominently displayed within the Mobile Food Vendor at all times; 4. No person shall park or operate a Mobile Food Vendor on any surface other than a paved surface; 5. No person shall operate a Mobile Food Vendor for more than two hours at any fixed location without either( a) a written agreement from a business within three hundred ( 300) feet of the Mobile Food Vendor, allowing employees of the Mobile Food Vendor to use flushable restrooms and hand washing sinks for the duration of the Mobile Food Vendor' s operation at that location or ( b) a temporarily placed portable restroom facility within 300 feet of the Mobile Food Vendor; It is an affirmative defense to prosecution under this Subsection A. 5. that the Mobile Food Vendor contains permanently installed and functional restroom facilities that comply with the restroom requirements set forth in the Texas Food Establishment Rules promulgated by the Texas Department of State Health Services. B. Mobile Food Vendor operation requirements. 1. Each Mobile Food Vendor shall comply with the Texas Food Establishment Rules promulgated by the Texas Department of State Health Services and the industrial waste discharge requirements found in Chapter 13 of the City Code. 2. Each Mobile Food Vendor shall relocate at least once during each 24- hour period, except when the unit is in storage or otherwise not in operation or when the unit is registered as a vendor in a multi-day event. 3. Any refrigeration equipment shall be capable of maintaining appropriate temperature requirements set forth in the Texas Food Establishment Rules. 4. Each Mobile Food Vendor shall be equipped with a portable trash receptacle, and Mobile Food Vendors shall properly dispose of solid waste and waste water in the sanitation facility legally accessed by the food service establishment. All disturbed areas must be cleaned following each stop at a minimum of twenty ( 20) feet from the sales location. Page 9 of 12

12 5. It shall be unlawful to use external equipment; all food preparation equipment must be contained within or permanently affixed to the Mobile Food Vendor at all times and must be properly enclosed, except: a) power generation equipment; and b) trash cans. 6. It shall be unlawful to connect permanent utilities ( i. e., plumbing, water, gas,) to the Mobile Food Vendor at any time during operation. At no time during operation is the Mobile Food Vendor to be attached to a water hose or any other permanent water supply. 7. To operate a Mobile Food Vendor in the City of Victoria, both fresh water and waste water holding tanks must be properly sized, permanently installed on the unit, and equipped with a valve to empty/ fill the tanks from the exterior of the unit in a manner which prevents contamination of ground surfaces or the mobile unit. Additional waste water holding tanks are prohibited on site. 8. A five ( 5) foot clear space must be maintained between the Mobile Food Vendor and the nearest permanent structure. 9. A Mobile Food Vendor will be subject to inspection upon permit application through the County Health Department, the City of Victoria' s Development Services Department, and the City of Victoria' s Fire Marshal, and may be subject to random inspections after permits are issued. 10. A" No Smoking" sign must be posted next to the order window or area. 11. A Class 2A1OBC Fire Extinguisher is required on all units. In addition, units utilizing oil/ grease fryers are required to have a Class K fire extinguisher on the unit. Extinguishers must be inspected/ tested annually. Documentation shall be maintained with the unit. 12. All deep- fat fryers, except those installed under a fire suppression system, shall have a steel baffle at least eight inches in height between the fryer and surface flames of an adjacent appliance and a positive closing lid with latching mechanisms that secure it in the open and closed positions. 13. It shall be unlawful for anyone under the age of fourteen ( 14) to operate or be located within a Mobile Food Vendor. 14. Units must maintain a state of mobile readiness at all times and shall demonstrate that the vehicle is readily moveable if requested by the regulatory authority. 15. Each Mobile Food Vendor shall conspicuously display the name of the business on each side of the vehicle, trailer, or cart. 16. Fuel gas installations ( propane, etc.) shall be installed in accordance with the adopted Fire Code. The main shut off valves shall be accessible from the exterior of the mobile unit and installed between 4 and 6 feet above the ground. Shut off valves shall be unobstructed and easily operated. 17. Documentation shall be available identifying that propane appliances have been tested through an approved testing lab such as UL, CSA, CGA, AGA, and/ or ETL. 18. Documentation shall be available indicating that an annual pressure test has been conducted on the piping system. This test shall be completed under the Page 10 of 12

13 supervision of a Certified Master Plumber with an endorsement from the Texas Rail Road Commission. 19. Mobile Food Units operating on a public street within the Downtown Business District shall: a) Have written permission from the City Manager, or designee. b) Not operate after 7: 00 a. m. and before 5: 00 p. m. on Monday through Friday, without written exception provided by the City Manager, or designee: Section Compliance with Article. i. Each completed application for exception shall be accompanied A. A person commits an offense if the person: by a certificate of general liability insurance for each vehicle, naming the City as an additional insured, in amounts of not less than three hundred thousand dollars ($ 300, ) for claims of injury to or death of one person, five hundred thousand dollars 500, ) for all claims for injury to or death of persons arising from a single accident, and one hundred thousand dollars 100, ) for claims for damage to property. 1. operates or allows operation of a Mobile Food Vendor within the City limits without first having obtained a Mobile Food Vendor Permit from the City Secretary' s office; 2. operates a Mobile Food Vendor within the City limits without displaying a current Permit in a conspicuous location within the Mobile Food Vendor and visible to the public; 3. operates a permitted Mobile Food Vendor within the City limits in any manner that violates the standards set forth in Section of this Article; 4. Forges, alters, or counterfeits a Mobile Food Vendor Permit required by this Article; 5. Possesses a forged, altered, or counterfeited Mobile Food Vendor Permit as required by this Article; and 6. Represents that the issuance of a permit by the City of Victoria constitutes the City' s endorsement or approval of any product for sale. B. An offense under this section is a Class " C" misdemeanor. C. Permit suspension or revocation. Independent of or in addition to the criminal sanctions described in this section, the City Manager or designee may administratively suspend or revoke a Mobile Food Vendor Permit for any violations set forth in this section by providing written notice of the alleged violation and an opportunity for the permit holder to respond to the allegation. Such administrative suspensions or revocations shall comply with the following: 1. First violation: A warning may be issued, or the permit may be suspended for three ( 3) months. 2. Second violation: Permit shall be suspended for three( 3) months. Page 11 of 12

14 3. Third violation: Permit shall be revoked and the vendor shall be ineligible to apply for a new or reissued permit for one ( 1) calendar year from the date of the permit revocation. 4. If an applicant' s permit has been denied, the applicant may not reapply for three 3) months. Section Food Truck Parks. Reserved for future expansion. Secs Reserved. Page 12 of 12