GENERAL REQUIREMENTS FOR ALL PUSHCARTS

Fort Worth City Code ch. 16, art. IV, div. 7, subpt. I

in effect

Fort Worth City Code § 16-171 GENERALLY.

§ 16-171 GENERALLY. All pushcarts operating within the corporate city limits of the City of Fort Worth shall comply with the applicable requirements of this division. The regulatory health agency may impose additional requirements to protect against health hazards related to the pushcart operation, may prohibit the sale of some or all TCS food, and when no health hazard will result, may waive or modify requirements of this division relating to physical facilities or operations. Non-food items shall not be sold from pushcarts selling food. (Ord. 22242-05-2016, § 4, passed 5-24-2016; Ord. 27523-03-2025, § 1, passed 3-11-2025, eff. 4-18-2025)

Fort Worth City Code § 16-172 PERMIT REQUIREMENTS FOR ALL PUSHCARTS.

§ 16-172 PERMIT REQUIREMENTS FOR ALL PUSHCARTS. (a) The owner or operator of any pushcart vending food within the corporate city limits of the City of Fort Worth shall obtain a valid food establishment permit, except that pushcarts from which only whole, raw, uncut produce or individually packaged, non-TCS Foods are vended is not a food establishment and does not require a food establishment permit, however, the owner or operator must comply with the other applicable provisions of this article. (b) All food establishment pushcarts and their central preparation facilities shall be inspected by the regulatory health agency prior to the issuance of a permit. (c) Acceptance of a pushcart permit is an express acknowledgment and consent to the terms and restrictions of the permit. (d) To fulfill the important public purpose of ensuring that nutritious foods are available to all people in the city, if a food establishment permit is otherwise required for a fruit and vegetable pushcart (such as one offering cut produce) a reduced fee of 50% off the regular food establishment permit fee in accordance with the city fee schedule shall be charged if at least 75% of the inventory of the cart consists of fruits and vegetables, with the remainder consisting of non-TCS packaged foods. (Ord. 22242-05-2016, § 4, passed 5-24-2016; Ord. 27523-03-2025, § 1, passed 3-11-2025, eff. 4-18-2025)

Fort Worth City Code § 16-173 PUSHCART SANITATION REQUIREMENTS.

§ 16-173 PUSHCART SANITATION REQUIREMENTS. All pushcarts shall comply with the following requirements: (a) Configuration. (1) Pushcarts shall be constructed of a smooth and cleanable material and be constructed in a manner in which cleaning can be easily accomplished. A cleanable canopy shall extend over the pushcart and cover the top surface of the pushcart if unpackaged foods are offered. (2) Separate space shall be set aside from areas where food is served or prepared, for nonfood related items which are displayed on pushcarts. (3) A pushcart body shall not exceed four feet in height, three feet in width, or six feet in length. (b) Operation. (1) All food and condiments shall be dispensed in a sanitary manner. (2) Food shall be stored, displayed and served in a fly-and rodent-proof manner. Unpackaged foods shall be protected by a properly installed sneeze guard shield. (3) Bulk food items shall be properly labeled and dispensed through sanitary devices or utensils. (4) Pushcart operators and their staff shall not cook on or adjacent to a pushcart unless such activity is in conjunction with another facility permitted and inspected by the regulatory health agency. (c) Sink requirements. (1) A pushcart that sells only packaged food that does not require the use of utensils and carts selling only whole, raw fruit or produce, will not be required to have a ware wash sink or a hand washing sink. (2) A pushcart that sells open foods that do not require the use of utensils, such as a cart that sells roasted com, will not be required to have a ware wash sink but will be required to have a hand washing sink. (3) A pushcart that sells open foods that require utensils such as a hot dog cart, will be required to have a ware washing sink and a hand washing sink. (4) Scooped ice cream sellers shall have a running water dipper well. (5) A pushcart shall have a supply of paper towels, soap and detergent which shall be conveniently accessible if sinks are provided. (6) Each pushcart having sinks shall have an adequate amount of hot and cold water under pressure to operate all sinks. (7) Each pushcart having sinks shall also have adequate drain board space. (d) Fire safety. (1) Each pushcart employing butane or propane tanks shall comply with any and all applicable fire department regulations. Ground fault interrupters may be required by the fire department as a safety feature to prevent electrical shock. Each pushcart shall be equipped with an approved fire extinguisher with a 2A 10BC rating. (2) Pushcarts using flammable substances, including, but not limited to, liquefied petroleum gas shall not be permitted inside of buildings. (e) Trash container. All pushcarts shall have a trash container, such as a trash bag or bin, available to customers for the disposal of food wrappers and other waste. The trash container may be attached to the pushcart or standalone within ten feet of the pushcart. (f) Generally. (1) In addition to these requirements, a person owning or operating a pushcart shall comply with any applicable provisions of the Texas Food Establishment Rules. (Ord. 22242-05-2016, § 4, passed 5-24-2016; Ord. 27523-03-2025, § 1, passed 3-11-2025, eff. 4-18-2025)

Fort Worth City Code § 16-174 ATTENTION-GETTING DEVICES.

§ 16-174 ATTENTION-GETTING DEVICES. (a) No mechanical or electronic sound producing device shall be employed by a pushcart. (b) Hawking and solicitation are strictly forbidden. (c) Lights of sufficient illumination for vendors to operate during nighttime or darkness shall be permissible in addition to safety reflectors and lights required by traffic ordinances. Lights shall not be used as attention-getting devices. (d) No text shall be displayed on pushcart canopies. (Ord. 22242-05-2016, § 4, passed 5-24-2016; Ord. 27523-03-2025, § 1, passed 3-11-2025, eff. 4-18-2025)

Fort Worth City Code § 16-175 SINGLE SERVICE ARTICLES.

§ 16-175 SINGLE SERVICE ARTICLES. Pushcarts shall provide only single-service articles for use to the consumers. (Ord. 22242-05-2016, § 4, passed 5-24-2016; Ord. 27523-03-2025, § 1, passed 3-11-2025, eff. 4-18-2025)

Fort Worth City Code § 16-176 CENTRAL PREPARATION FACILITY.

§ 16-176 CENTRAL PREPARATION FACILITY. (a) All pushcarts shall operate from an authorized storage facility, central preparation facility or other fixed food service establishment permitted and regularly inspected by a Regulatory Health Agency. (b) The central preparation facility or base of operations shall be constructed and operated in compliance with the requirements of the Texas Food Establishment Rules and regulations of pertinent regulatory agencies. (Ord. 22242-05-2016, § 4, passed 5-24-2016; Ord. 27523-03-2025, § 1, passed 3-11-2025, eff. 4-18-2025)

Fort Worth City Code § 16-177 SERVICING AREA.

§ 16-177 SERVICING AREA. (a) All pushcarts shall have a servicing area which shall have a location(s) for draining and flushing liquid wastes and location(s) for loading and unloading of food and related supplies. (b) The surface of the service area shall be constructed of a smooth nonabsorbent material graded to drain, and shall be kept in good repair. (Ord. 22242-05-2016, § 4, passed 5-24-2016; Ord. 27523-03-2025, § 1, passed 3-11-2025, eff. 4-18-2025)

Fort Worth City Code § 16-178 SERVICING OPERATION.

§ 16-178 SERVICING OPERATION. (a) Potable water servicing equipment shall be installed and maintained in a manner that protects the water and equipment from contamination. (b) Pushcart liquid waste containers shall be thoroughly flushed and drained during servicing operations. (c) Flushing and draining activities shall be conducted in the required servicing areas. No flushing or draining of liquid waste shall be permitted on public streets or in any area other than the required servicing area. (Ord. 22242-05-2016, § 4, passed 5-24-2016; Ord. 27523-03-2025, § 1, passed 3-11-2025, eff. 4-18-2025)

Fort Worth City Code § 16-179 WATER SYSTEM.

§ 16-179 WATER SYSTEM. All pushcarts requiring sinks shall provide not less than five gallons of water under pressure at all times for use in utensil cleaning, sterilization and hand-washing. One water inlet shall be located so as not to be contaminated by waste discharge. Such inlet shall be capped at all times except when being filled, and shall contain only potable water. Connection or direct hookup to water sources other than those on the pushcart shall be approved by the Regulatory Health Agency. (Ord. 22242-05-2016, § 4, passed 5-24-2016; Ord. 27523-03-2025, § 1, passed 3-11-2025, eff. 4-18-2025)

Fort Worth City Code § 16-180 WASTE RETENTION.

§ 16-180 WASTE RETENTION. (a) All liquid waste shall be stored in a retention tank that shall have a minimum capacity of seven and a half gallons or that is at least 15% larger in capacity than the fresh water supply tank, whichever is greater. Liquid waste shall only be discharged into a sanitary sewer disposal system. Waste connections shall be located lower than the water inlet connection in a manner to preclude contamination of the potable water system. (b) Solid waste generated by permittees and employees shall be contained in an easily cleanable, self-closing, lidded trash receptacle. All pushcarts that remain stationary for longer than one hour shall provide and have available for the public, a fly-proof, lidded trash container for the disposal of refuse. Such trash container may be either on the pushcart or located conveniently nearby. (Ord. 22242-05-2016, § 4, passed 5-24-2016; Ord. 27523-03-2025, § 1, passed 3-11-2025, eff. 4-18-2025)

Fort Worth City Code § 16-181 ENFORCEMENT.

§ 16-181 ENFORCEMENT. (a) The owner or operator of a pushcart unit commits an offense if the pushcart is operated in violation of any provision of this division. An offense as defined under this division is a misdemeanor punishable by a fine not to exceed $2,000 in accordance with § l-6(c). Each separate occurrence of a violation or each day that a violation continues shall constitute a separate offense. If an offense defined under this division does not include a culpable mental state, then intent, knowledge, or recklessness suffices to establish criminal responsibility. (b) The department shall have the authority to enforce any and all provisions of this division. (c) It shall be within the power and discretion of the department to suspend or revoke any permit issued hereunder for continued or repeated violation or infraction of any provision of this division or any rule, direction or regulation of the department. (Ord. 22242-05-2016, § 4, passed 5-24-2016; Ord. 23569-02-2019, § 2, passed 2-12-2019, eff. 2-23-2019; Ord. 27523-03-2025, § 1, passed 3-11-2025, eff. 4-18-2025)

Fort Worth City Code § 16-182 APPEAL.

§ 16-182 APPEAL. Any person or entity aggrieved by a finding, determination, notice or action taken under the provisions of the division, other than for an offense or violation, may file an appeal in writing with the city manager or that individual's authorized representative. An appeal must be filed within five days after receipt of notice of any protested decision or action by filing with the office of the city manager a letter of appeal briefly stating therein the basis for such appeal. A hearing shall be held on a date no more than 15 days after receipt of the letter of appeal unless extended by mutual agreement of the parties. Appellant shall be given at least five days' notice of the time and place of the hearing. The city manager or authorized representative shall give the appellant, and any other affected party, a reasonable opportunity to be heard, in order to show cause why the determination of the Regulatory Health Agency should not be upheld. In all such cases the burden of proof shall be upon the appellant to show that there was no substantial evidence to support the action taken by the Regulatory Health Agency. The city manager or authorized representative shall make his or her determination and shall notify the appellant in writing of his or her determination. The decision of the city manager or authorized representative shall be final. (Ord. 22242-05-2016, § 4, passed 5-24-2016; Ord. 27523-03-2025, § 1, passed 3-11-2025, eff. 4-18-2025)

Source: City of Fort Worth, Code of Ordinances, City Charter and Zoning Ordinance (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth_tx/0-0-0-46873Fetched: 10/26/2026