For the purposes of this article:
City health officer
shall mean the City of Lubbock Environmental Health Officer or designated representative.
Food establishment.
(1) 
Those commercial establishments defined as “food processing plant” or “food establishment” by the Texas Food Establishment Rules adopted by the department of state health services, and such definitions shall not be deemed to include kitchens in private homes preparing non-time/temperature control for safety (TCS) food items for sale as fundraising items by charitable and nonprofit organizations on a temporary basis, nor shall such terms include the site at which such sales for charitable purposes take place.
(2) 
A food establishment shall not include, and no permit shall be required under this article for, the preparation of food of any kind in a kitchen in a private home for a noncommercial purpose, including but not limited to: potluck suppers, picnics, tailgating, office parties, school functions or other similar private events.
(3) 
Further, operation of a lemonade stand by a child on a temporary basis shall be allowed without a permit and neither the lemonade stand nor the kitchen in a private home in which the lemonade is prepared shall be considered a food establishment.
(4) 
To the extent of any conflict in the definition of a food establishment as set forth above and the Texas Food Establishment Rules, the definition as set forth in this section shall prevail.
Tight-fitting
shall mean close fitting.
(1959 Code, sec. 13-5; Ordinance 8018, sec. 1, adopted 4/10/1980; 1983 Code, sec. 12-16; Ordinance 8427, sec. 1, adopted 4/14/1983; Ordinance 2003-O0065, sec. 1, adopted 6/19/2003; Ordinance 2011-O0070, sec. 1, adopted 8/25/2011; Ordinance 2016-O0014, sec. 1, adopted 2/11/2016)
Any person who shall violate any of the provisions of this article shall be guilty of a misdemeanor punishable in accordance with section 1.01.004 of the City of Lubbock Code of Ordinances and, in addition thereto, such person may be enjoined from continuing such violation.
(1959 Code, sec. 13-6; Ordinance 8018, sec. 1, adopted 4/10/1980; 1983 Code, sec. 12-17; Ordinance 8835, sec. 2, adopted 10/10/1985; Ordinance 2016-O0014, sec. 1, adopted 2/11/2016)
The “Texas Food Establishment Rules” adopted by the department of state health services on October 11, 2015, as amended, are hereby incorporated into this article by reference, and food sanitation within the city shall be enforced and regulated in accordance with said rules. A copy of said rules shall be filed with the city secretary and a copy maintained in the office of environmental health, which said copies shall be available for public inspection during the business hours of the offices in which they are maintained.
(1959 Code, sec. 13-1; Ordinance 8018, sec. 1, adopted 4/10/1980; 1983 Code, sec. 12-18; Ordinance 10195, sec. 1, adopted 9/23/1999; Ordinance 2006-O0086, sec. 1, adopted 8/24/2006; Ordinance 2016-O0014, sec. 1, adopted 2/11/2016)
Section 9 of the Texas specifications and requirements, authorized by the Texas milk grading and pasteurization law, shall read as follows:
Only Grade A pasteurized milk and milk products shall be sold to the final consumer or to restaurants, soda fountains, grocery stores or similar establishments. Provided that in an emergency, the sale of pasteurized milk and milk products which have not been graded, or the grade of which is unknown, may be authorized by the city health officer; in which case, such milk and milk products shall be labeled “ungraded.”
Editor’s note–Ordinance 383, sec. 1, adopted 8/1/1927, which pertained to the purchase of milk bottles, is not included in this code. Additionally, Ordinance 1514 adopted 12/22/1953, which pertained to milk, is not included in this code.
(1959 Code, sec. 17-2; Ordinance 5142, sec. 1, adopted 12/8/1966; Ordinance 7239, sec. 1, adopted 4/22/1976; 1983 Code, sec. 12-19; Ordinance 2016-O0014, sec. 1, adopted 2/11/2016)
The “Texas Current Good Manufacturing Practice and Good Warehousing Practice in Manufacturing, Packing, or Holding Human Food Rules” adopted by the Department of state health services on August 15, 1999, as amended, are hereby incorporated into this article by reference and food sanitation, as it relates to the manufacturing and warehousing of food, within the city shall be enforced and regulated in accordance with said rules. A copy of said rules shall be filed with the city secretary and a copy maintained in the office of environmental health, which said copies shall be available for public inspection during the business hours of the offices in which they are maintained.
(1983 Code, sec. 12-20; Ordinance 2003-O0065, sec. 2, adopted 6/19/2003; Ordinance 2016-O0014, sec. 1, adopted 2/11/2016)
(a) 
Notwithstanding any provision to the contrary in this article, an individual in a kitchen in a private home may prepare food that is time/temperature controlled for safety to serve or distribute to the public without charge or remuneration in exchange for the food, in conformance with this section. The requirements of this section do not apply to the serving or distribution of non-potentially hazardous food.
(b) 
An individual serving or distributing food to the public pursuant to subsection (a) shall:
(1) 
Transport the food to the feeding site in a clean conveyance and serve or distribute the food within four (4) hours after preparation;
(2) 
Store the food at a temperature of:
(A) 
41º F (5º C) or below; or
(B) 
135º F (57º C) or above;
(3) 
Provide, at the feeding site, hand sanitizer and gloves for persons preparing or serving the food for hand sanitation purposes while food is being prepared or served at the feeding site, or is otherwise in compliance with title 25 Texas Administrative Code, section 228.147(a)(3); and
(4) 
Leave the feeding site in a clean, waste-free condition.
(c) 
The feeding site shall be subject to inspection at any time by the city health officer to ensure compliance with this section. The city health officer shall not inspect the individual’s private kitchen.
(d) 
In addition to the requirements of this section, the regulations for temporary food establishments adopted by the department of state health services set forth in title 25 Texas Administrative Code, section 228.222(a)–(k), 228.249(c)(1)(2), and 228.253(b)(4) shall be adhered to by the individual.
(e) 
At the feeding site, during the entire time food is served or distributed, the individual shall display a sign, in a clearly visible location, that in 72-point font reads as follows:
NOTICE
THIS FOOD WAS PREPARED IN A KITCHEN THAT IS NOT INSPECTED BY ANY HEALTH INSPECTOR OR HEALTH AGENCY
(Ordinance 2011-O0070, sec. 2, adopted 8/25/2011; Ordinance 2016-O0014, sec. 1, adopted 2/11/2016)
Notwithstanding anything to the contrary herein, a food establishment with an outdoor patio may permit dogs to be present in the outdoor patio of the food establishment if the food establishment obtains from the city health officer a variance waiving the prohibition against permitting the presence of a dog on the premises of the food establishment and complies with the following conditions and standards:
(1) 
Except as allowed under 228.186(o)(2) of the Texas Food Establishment Rules, no dog may be present in the interior of the food establishment or on any playground area designated for children on the premises of the food establishment.
(2) 
The term “outdoor patio” means an outdoor service area that is:
(A) 
Under the exclusive ownership or control of a food establishment;
(B) 
Attached or adjacent to the food establishment; and
(C) 
Separated from the public areas with a barrier.
A public sidewalk is not considered an “outdoor patio” for the purposes of this variance.
(3) 
A separate entrance must be provided from the outside of the food establishment to the outdoor patio so that a dog has direct access to the outdoor patio without entering the interior of the food establishment or any playground area of the food establishment. A dog may not be allowed within seven feet of any entrance to the interior of the food establishment, except when necessary to enter or exit the outdoor patio.
(4) 
An approved sign shall be posted at the front or each entrance of the food establishment and at each outdoor patio entrance so that it is easily visible to the public. The sign must state in at least 1-1/2-inch type: “DOG FRIENDLY PATIO: DOG ACCESS TO OUTDOOR PATIO ONLY” and “To report a dog incident, please call Lubbock Animal Services - (806)775-2057.”
(5) 
Doors equipped with self-closing devices must be provided at all entrances to the outdoor patio from the interior of the food establishment and must be kept closed when not in use.
(6) 
Hand sanitizer shall be made available at or near all entrances and exits to the establishment.
(7) 
No food preparation, including mixing drinks or serving ice, may be performed in the outdoor patio area, except that a beverage glass may be filled on the outdoor patio from a pitcher or other container that has been filled or otherwise prepared inside the food establishment.
(8) 
The outdoor patio must be maintained to be free of visible dog hair, dog dander, and other dog-related waste or debris. The outdoor patio must be hosed down or mopped with a product approved under the rules at the beginning of each shift during which food or beverages will be served (breakfast, lunch, dinner, or late-hours), and not less frequently than every 12 hours, except that cleaning under this subsection is not required if no dog has been present on the outdoor patio since the last cleaning.
(9) 
All table and chair surfaces must be easily cleanable material and cleaned and sanitized with a product approved under the rules. Spilled food and drink must be removed from the floor or ground within five minutes of the spill.
(10) 
Waste resulting from a dog’s bodily functions must be cleaned up with a product approved under the rules within five minutes of each occurrence of the emission of such waste. All dog waste must be disposed of outside of the food establishment and outside of any outdoor patio in an appropriate waste receptacle. Equipment used to clean the outdoor patio must be kept outside of the food establishment.
(11) 
While on duty, wait staff or other food handlers at the food establishment may not pet or have contact with any dog.
(12) 
A dog must be kept on a leash, or in a secure bag or container specifically designed to carry and provide continuous restraint of the dog while providing adequate ventilation for the dog, and must remain under continuous physical control of the owner or other responsible adult while in the outdoor patio.
(13) 
A dog is not allowed on a seat, table, countertop, or similar surface in the outdoor patio.
(14) 
A dog is not allowed to be tied as a means of restraint other than by a hand-held leash.
(15) 
A dog may not have contact with any dishes or utensils used for food service or preparation at the food establishment. A dog may not have contact with any dishes or utensils used for food service or preparation at the food establishment. Food establishment personnel may not serve any food to the dog. With permission of the food establishment owner, the dog owner may provide doggie treats, doggie biscuits, edible treats, and water for their dog while in the outdoor patio area in a disposable or owner-provided container.
(16) 
The food establishment shall notify and maintain written procedures to notify the animal services division of any local rabies control incident as required by article 4.03 of the Lubbock Code of Ordinances, or any other incident in which two or more dogs are involved in any altercation where they physically come into contact with each other, regardless of whether any of the animals are injured.
(17) 
The flooring of the outdoor patio where dogs are permitted must be constructed of nonporous, approved material and have no covering that would inhibit thorough cleaning.
(18) 
A food establishment shall not permit dogs to be present in the outdoor patio of the food establishment if:
(A) 
The city health officer determines that a health hazard or nuisance will or has resulted; or
(B) 
The food establishment is in violation of this title or state law.
(19) 
Variance required.
(A) 
Except as allowed herein, any food establishment that allows dogs on its premises without a variance is in violation of this section. The owner or operator of a food establishment with an outdoor patio may apply to the city health officer for a variance waiving the prohibition against dogs on the premises of the food establishment. The variance application must be on a form provided by the city health officer and must be submitted with a nonrefundable, preoperational inspection fee of $100.00.
(B) 
An inspection must be performed by the city health officer to ensure that the food establishment complies with the conditions and standards set forth in this article.
(C) 
A variance granted under this section is nontransferable. The variance shall expire one (1) year after the date it is granted by the city health officer unless it is sooner revoked by the city health officer or terminated by the food establishment. A variance may be renewed through the application process set forth in subsection (A) of this section.
(D) 
The city health officer shall deny or revoke a variance if:
(i) 
The proposed patio does not meet the definition of outdoor patio;
(ii) 
The application for the variance contains a false statement;
(iii) 
The food establishment does not hold a valid permit issued under this section;
(iv) 
The city health officer determines that a health hazard or nuisance will result or has resulted from the variance;
(v) 
The food establishment failed to pay a required fee at the time it was due under this section; or
(vi) 
The food establishment is in violation of any term or condition of the variance as established by the city health officer, this article, or state law.
(E) 
If the city health officer denies or revokes a variance, the city health officer shall notify the applicant in writing. The notice must include the reasons for the denial or revocation.
(F) 
A food establishment for which a variance under this subsection is denied or revoked may appeal by requesting a hearing with the city secretary’s office within ten days after service of the notice of the denial or revocation. Such request must be in writing, must specify the reasons why the variance should not be denied or revoked, and must be filed with the city secretary’s office. A hearing must be conducted within ten (10) days from receipt of the appeal. The hearings provided for in this article shall be conducted by the permit and license appeal board and shall be conducted in accordance with the provisions of article 2.03, division 3, section 2.03.071 et seq., of this code.
(Ordinance 2018-O0116 adopted 9/27/2018)