(a) 
The city adopts by reference the provisions of the current rules or rules as amended by the state board of health found in 25 Texas Administrative Code, chapter 228, regarding the regulation of food establishments in this jurisdiction.
(b) 
Definitions.
Authorized agent or employee.
The employees of the regulatory authority.
Catering services.
The provision of food service by a lone food establishment, including a mobile food unit (MFU), on private property for a singular or recurring event.
Food establishment.
A food service establishment, a retail food store, a mobile food unit, and/or a roadside food vendor.
Mobile food unit (MFU).
A vehicle mounted, self or otherwise propelled, self-contained food service operation, designed to be readily movable (including, but not limited to catering trucks, trailers, pushcarts, and roadside vendors) and used to store, prepare, display, serve or sell food. Mobile units must completely retain their mobility at all times. A mobile food unit does not include a stand or a booth. A roadside food vendor is classified as a MFU.
Municipality.
The city.
Regulatory authority.
The county health department.
State rules.
The state rules found at 25 Texas Administrative Code, chapter 228. These rules are also known as the Texas Food Establishment Rules.
(Ordinance 6019, sec. 1, adopted 3/20/17)
(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 article. A valid permit must be posted in or on every food establishment regulated by this article.
(b) 
A food establishment operated solely by a nonprofit organization is exempt from the permitting requirements of this article, but 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.
(1991 Code, sec. 12-32)
(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. 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 laws and rules. A food establishment that does not comply with state laws and rules will be denied a permit or the renewal of a permit.
(c) 
The fee schedule for permits authorized by this Article will be set by the regulatory authority.
(d) 
All permit fees shall be paid to the regulatory authority.
(Ordinance 5506 adopted 12/17/07)
(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 percent 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 rules adopted by this article. 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.
(1991 Code, sec. 12-34)
(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 attended 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 permit any food handler to work therein unless such food handler has the permit required by this section.
(Ordinance 5909, sec. 2, adopted 10/19/15)
(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 subsection (b) of this section. When a 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 ten days. If no written request for a hearing is filed within ten days, the suspension is sustained. The regulatory authority may end the suspension at any time if reasons for suspension no longer exist.
(1991 Code, sec. 12-36)
(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 these 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 ten 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.
(1991 Code, sec. 12-37)
(a) 
A notice, as required in these rules, 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 these rules 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.
(1991 Code, sec. 12-38)
(a) 
Any person who violates a provision of these rules and any person who is the permit holder of or otherwise operates a food service establishment that does not comply with the requirements of these rules and any responsible officer of that permit holder or those persons shall be fined not more than $2,000.00.
(b) 
The regulatory authority may seek to enjoin violations of these rules.
(1991 Code, sec. 12-39)
(a) 
Permitting by City.
Any person wishing to operate a MFU within the city limits must first apply for a permit with the city clerk’s office. In order for a permit to be issued, the applicant shall provide evidence of proper permitting from the state and the regulatory authority. Additionally, any person intending to operate or be employed by a MFU shall submit to a criminal background check by the City police department. No permit shall be issued to registered sex offenders, persons on probation or parole for a crime against persons, or persons convicted of a felony in the five years preceding their application.
(b) 
Central business district restrictions.
No person may operate a MFU on a street in the central business district, unless said street has been closed for a special event approved by the city council.
(c) 
Sales on sidewalks prohibited.
No person may operate a MFU on a sidewalk.
(d) 
Street sales outside the central business district.
No person may operate a MFU in such a manner that impedes or disrupts traffic flow on city streets or draws pedestrians into the street right-of-way.
(e) 
Parking lots.
No person may operate a MFU in a manner that reduces the number of available parking spaces in a given lot to below the number required by the city’s zoning ordinances.
(f) 
Sales in parks and city lots prohibited.
Between the hours of 12:00 a.m. Sunday and 5:00 p.m. Friday, no person may operate a MFU in a public park or publicly owned lot unless said park or lot has been designated as the site for a special event approved by the city council. Any MFU operating in a public park or publicly owned lot must vacate said park or lot by 12:00 a.m. each night and not return prior to 6:00 a.m. the next morning.
(g) 
Food truck lots.
This section notwithstanding, a person may operate a MFU in conjunction with other MFUs on private property whose owner or lessee has applied for and been granted a specific use permit (SUP) to operate a food truck lot by the city.
(h) 
Applicability.
Nothing in this section shall prohibit a MFU from providing catering services on private property.
(Ordinance 6019, sec. 1, adopted 3/20/17; Ordinance 6868 adopted 9/15/2025)