[HISTORY: Adopted by the City Council of the City of Collinsville 2-8-2016 by Ord. No. 582. Amendments noted where applicable.]
A. 
The City of Collinsville adopts by reference as though fully set forth in this section the provisions of the Texas Food Establishment Rules, as amended, approved by the Texas Department of State Health Services and found in 25 Texas Administrative Code, Chapter 228, to the extent applicable within the City of Collinsville.
B. 
Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
AUTHORIZED AGENT OR EMPLOYEE
Employees of the City of Collinsville or of Grayson County Health Department authorized to enforce the provisions of this chapter.
FOOD ESTABLISHMENT
A food service establishment, a retail food store, a mobile food unit, or a roadside food vendor.
PERSON
Any person, agent, firm, corporation, entity or association.
REGULATORY AUTHORITY
The Health Department of Grayson County, Texas.
STATE RULES
The state rules found at 25 Texas Administrative Code, Chapter 228, as amended. These rules are also known as the "Texas Food Establishment Rules."
A. 
A person may not operate a food establishment without a permit issued by the regulatory authority. Permits are not transferable from one person to another or from one location to another location, except as otherwise permitted by this chapter. A valid permit must be posted in or on every food establishment regulated by this chapter.
B. 
A food establishment operated solely by a nonprofit organization shall be exempt from fees, but must have a permit required by this chapter and is not exempt from compliance with state rules. The regulatory authority may require any information necessary to determine whether an organization is nonprofit for purposes of this exemption.
A. 
Any person desiring to operate a food establishment must make a written application for a permit on forms provided by the regulatory authority. The application must contain the name and address of each applicant, the location and type of the proposed food establishment, and the applicable fee. The application shall be accompanied by a fee in the amount established by the regulatory authority. An incomplete application will not be accepted. Failure to provide all required information or falsifying information required may result in denial or revocation of the permit. Renewals of permits are required on an annual basis, and the same information is required for a renewal permit as for an initial permit.
B. 
Prior to the approval of an initial permit or the renewal of an existing permit, the regulatory authority shall inspect the proposed food establishment to determine compliance with state rules and other law. A food establishment that does not comply with state rules and other law will be denied a permit or the renewal of a permit.
A. 
Whenever a food establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a food establishment, properly prepared plans and specifications for such construction, remodeling or conversion shall be submitted to the regulatory authority for review before work is begun. "Extensive remodeling" means that 20% or greater of the area of the food establishment is to be remodeled. The plans and specifications shall indicate the proposed layout, equipment arrangement, mechanical plans and construction of materials of work areas, and the type and model of proposed fixed equipment and facilities. The plans and specifications will be approved by the regulatory authority if they meet the requirements of the state rules and other law. The approved plans and specifications must be followed in construction, remodeling or conversion.
B. 
Failure to follow the approved plans and specifications will result in a permit denial, suspension, or revocation.
A. 
No person shall operate a food establishment unless the manager of the establishment or, if multiple shifts are worked, the manager of each shift has a valid, current food service manager's certificate issued by the regulatory authority, certifying that the bearer has completed the food sanitation program for managers approved by the regulatory authority.
B. 
It shall be unlawful for the owner, operator, or manager of any food establishment to employ or allow any food handler to work therein unless such food handler has the permit required by this section or an approved food-handler permit.
A. 
The regulatory authority may, without warning, notice, or hearing, suspend any permit to operate a food establishment if the operation of the food establishment constitutes an imminent hazard to public health. Suspension is effective upon service of the notice required by this section. When permit is suspended, food operations shall immediately cease. Whenever a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing within 20 days of receipt of a request for a hearing.
B. 
Whenever a permit is suspended, the holder of the permit or the person in charge shall be notified, in writing, that the permit is, upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the regulatory authority by the holder of the permit within 10 days. If no written request for hearing is filed within 10 days, the suspension is sustained. The regulatory authority may end the suspension at any time if reasons for suspension no longer exist.
A. 
The regulatory authority may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of state rules or for interference with the regulatory authority in the performance of its duties. Prior to revocation, the regulatory authority shall notify the holder of the permit or the person in charge, in writing, of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of the 10 days following service of such notice unless a written request for a hearing is filed with the regulatory authority by the holder of the permit within such ten-day period.
B. 
If no request for hearing is filed within the ten-day period, the revocation of the permit becomes final.
A. 
A notice as required in this chapter is properly served when it is delivered to the holder of the permit or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit. A copy of the notice shall be filed in the records of the regulatory authority.
B. 
The hearings provided for in this chapter shall be conducted by the regulatory authority at a time and place designated by it. Based upon the recorded evidence of such hearing, the regulatory authority shall make final findings and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit by the regulatory authority.
A. 
Any person who violates a provision of this chapter and any person who is the permit holder of or otherwise operates a food service establishment that does not comply with the regulations of state rules, and any responsible officer of that permit holder or those persons shall be fined not more than $2,000.
B. 
In addition to the remedies provided in this section, the regulatory authority may seek to enjoin violations of this chapter.
Should any section, subsection, sentence, clause or phrase of this chapter be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this chapter shall remain in full force and effect. The City of Collinsville hereby declares that it would have passed this chapter, and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid.
All provisions of City of Collinsville Ordinance No. 362, adopted July 10, 2000, and any ordinance in conflict with this chapter are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
This chapter shall become effective from and after its adoption and publication as required by law.