It shall be unlawful for any person owning, operating, directing,
or managing any food service establishment, catering operation, or
any place or vehicle regulated by the city food service sanitation
ordinance where food or drink is manufactured, produced, processed,
prepared, or otherwise manipulated, within the city, to fail to keep
in his employ a manager, assistant manager, supervisor, or other person
in charge of said establishment who has a valid and current food service
manager's [certification] from an accredited program approved by the
Texas Department of State Health Services.
(Ordinance 84-32, sec. 8, adopted 2/14/84; 1978 Code, sec. 11-82; Ordinance 23-013 adopted 2/14/2023)
(a) Food manager certificates will not be required for the following:
(1) Food service establishments providing only beverages, popcorn, prepackaged
foods, or commercially prepared candy or nuts;
(2) Nonprofit organizations except those operating schools, day cares,
nursing homes, halfway houses or boarding homes;
(3) Food service establishments inspected at least once in each week
by state or federal food sanitation inspectors;
(4) Temporary or special event food service establishments; and/or
(5) Supplying food to vending machines. Per §228.221 of the 2021
Food Establishment Rules persons operating a mobile food unit must
obtain a food managers certification.
(b) For the purposes of this division, a nonprofit organization shall
mean an organization which has been granted an exemption or is exempt
from the payment of federal income taxes.
(Ordinance 84-32, sec. 8, adopted 2/14/84; Ordinance 84-146, sec. 5, adopted 11/13/84; 1978
Code, sec. 11-83; Ordinance
23-013 adopted 2/14/2023)
A food service manager’s certificate shall be issued to
any person who submits the required issuance fee, and:
(1) Completes food service manager's certification course or shows evidence
of completion, within the past five (5) years, of a course of study
which is listed in the department of state health services worker's
training program course registry, and achieves the required minimum
score of seventy-five (75) points out of a possible one hundred (100)
points on a written examination administered or approved by the regulatory
authority. An applicant who fails to achieve a minimum score of seventy-five
(75) on the written examination may repeat the examination one (1)
time without repetition of the food sanitation course of study; the
city no longer offers the food managers certification course;
(2) Provides evidence of certification within the past five (5) years
by an agency which administers a national examination determined by
the department of state health services and/or the U.S. Food and Drug
Administration to be content valid and legally reliable; or
(3) Provides an associate’s or bachelor’s degree, or the
equivalent, awarded within the past five (5) years, in restaurant
or hotel and restaurant management from an accredited college or university.
(Ordinance 84-32, sec. 8, adopted 2/14/84; Ordinance 91-6, sec. 2, adopted 1/15/91; 1978
Code, sec. 11-84; Ordinance 07-025, sec. 7, adopted 3/20/07; Ordinance 23-013 adopted 2/14/2023)
A food service manager's certificate shall be valid for five
(5) years from the date of issuance. The expiration date will be written
on each certificate issued. No certificate shall be transferable from
one person to another person.
(Ordinance 84-32, sec. 8, adopted 2/14/84; Ordinance 91-6, sec. 2, adopted 1/15/91; 1978
Code, sec. 11-85; Ordinance
23-013 adopted 2/14/2023)
Per the Texas Department of State Health Services, the food
manager certification examination may be taken at any accredited examination
provider or training program. Certification is valid for five years.
(Ordinance 84-32, sec. 8, adopted 2/14/84; 1978 Code, sec. 11-86; Ordinance 23-013 adopted 2/14/2023)
(a) A food service manager’s certificate may be revoked by the
regulatory authority on a finding that any of the following grounds
exist:
(1) That the food service manager interfered with an inspection of the
food service establishment by agents of the regulatory authority;
(2) That violations of the city’s food service sanitation ordinance
exist in the food service establishment;
(3) That the certified food manager knowingly falsified any information
supplied on an application for certification issued under this division;
(4) That the certified food manager or any employee of the food service
establishment has made use of a food service manager’s certificate
which has not been duly issued by the regulatory authority.
(b) Prior to revocation of a food service manager’s certificate,
the regulatory authority shall give written notice to the holder of
the certificate and to the owner of the food service establishment
in which the food service manager is employed. Such notice shall state:
(1) The grounds upon which the city will seek revocation of the certificate;
(2) That revocation becomes final ten (10) days after notice unless a
written request for hearing is filed with the regulatory authority
before expiration of the ten-day period.
(c) The notice required by this division is considered served when it
is delivered to the holder of the certificate, and the owner of the
food service establishment, or when it is sent by registered or certified
mail, return receipt requested, to the last known address of the holder
of the certificate and the owner of the food service establishment.
A copy of the notice shall be filed in the records of the regulatory
authority.
(d) The hearing provided for in this division shall be conducted by the
regulatory authority at a time and place designated by the regulatory
authority. After completion of the hearing, the officer designated
by the regulatory authority to conduct the hearing shall make written
findings as to whether or not the certificate is to be revoked. If
the hearing officer revokes the certificate, written notice of such
revocation shall be served on the food service manager and the owner
of the establishment with a copy of the findings. Upon receiving written
notice that the food service manager’s certificate has been
revoked, the food service manager shall surrender the certificate
to the regulatory authority.
(e) If the food service manager fails to appear at the hearing at the
time, place, and date specified, the city shall present sufficient
evidence to establish a prima facie case showing that an act or acts
have been committed which constitute grounds for revocation of the
certificate.
(f) In the event a certificate is revoked, the city shall not be liable
for any refund of any part of the fee paid for the certificate.
(g) A person whose food service manager’s certificate has been
revoked shall not be granted a new certificate until such person has
attended a course of training and passed the required examination
subsequent to the revocation, and met all requirements of an initial
applicant.
(h) Food service manager’s certificates remain the property of
the city environmental health division and must be surrendered to
the regulatory authority to be voided when the permit has been revoked.
(Ordinance 84-32, sec. 8, adopted 2/14/84; Ordinance 91-6, sec. 2, adopted 1/15/91; 1978
Code, sec. 11-87; Ordinance
23-013 adopted 2/14/2023)
Food service manager certificates shall be prominently posted
in the establishment in a place acceptable to the regulatory authority.
(Ordinance 84-32, sec. 8, adopted 2/14/84; 1978 Code, sec. 11-89; Ordinance 23-013 adopted 2/14/2023)