The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Chief sanitarian.
The person authorized by contract to act on behalf of the city to conduct the inspection of food service establishments, and to issue, in accordance with the provisions of this article, permits, licenses and/or certificates therefor. The phrase shall also include any officers, employees or agents of the chief sanitarian.
Food service establishment.
Any place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided and any place where food is stored, sold or displayed. The term includes any such place, regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term also includes delicatessen-type operations that prepare sandwiches intended for individual portion service. The term does not include private homes where food is prepared or served for individual family consumption.
Food service worker.
Any person owning, employed or otherwise connected with a food service establishment, whose work brings him into contact with the handling of food, utensils or food service equipment.
(1999 Code, sec. 50-21)
Any person violating any of the provisions of this article or of the rules on food service sanitation adopted hereby shall be deemed guilty of a misdemeanor and, upon conviction in municipal court, shall be subject to a fine not to exceed $2,000.00 for each offense, and each and every day any such offense shall continue shall be deemed to constitute a separate offense.
(1999 Code, sec. 50-24)
The city adopts by reference the provisions of the current rules or rules as amended by the state board of health found in 25 T.A.C., chapter 229, sections 161–171 and 173–175, regarding the regulation of food establishments in this jurisdiction.
(1999 Code, sec. 50-22)
(a) 
Registration for seminar; issuance of card.
Every employee of every food service establishment shall be required to register for a health and sanitation seminar prior to or on the first day of employment. Once the employee has registered for the seminar, he may start work in the food service establishment; however, no employee shall work in the food service establishment without attending a city health and sanitation seminar for more than 30 days without approval by the chief sanitarian of the city (which approval shall be at the discretion of the building inspector and granted by him only in instances of extreme hardship). After completion of the seminar by a food service employee, the building inspector shall issue a health card to the employee. Such health card shall be valid for one year.
(b) 
Proof of compliance.
No food service establishment shall allow employees to work in the establishment in violation of this article. It shall be the responsibility of the food service establishment to provide proof of compliance with the terms of subsection (c) of this section upon request from a duly authorized representative of the city.
(c) 
Renewal.
Food service workers' health cards shall be renewed annually and shall require annual completion of a city health and sanitation seminar.
(d) 
Application fee.
A $2.00 nonrefundable application fee per person shall be paid to the city at the time of registration and at the time of application for each annual renewal.
(1999 Code, sec. 50-23)
(a) 
Required; posting.
No person shall operate a food service establishment who does not have a valid permit, license or certificate issued to him by the chief sanitarian. Only a person who complies with the requirements of this article shall be entitled to receive or retain such a permit, license or certificate. Such permits, licenses and certificates are not transferable. A valid permit, license or certificate shall be posted in every food service establishment.
(b) 
Application; fees; issuance; inspections.
(1) 
Any person desiring to operate a food establishment shall make written application to the chief sanitarian for a permit, license or certificate, on forms provided by the city. Such application shall include the name and address of each applicant, the location and type of the proposed food service establishment and the signature of each applicant.
(2) 
An initial fee of $225.00 shall be collected with the application. The renewal fee for the licenses shall be $200.00 per year. Food service establishments receiving a score of 70 points or below shall be reinspected. A fifty-dollar fee shall be due within ten days of the reinspection. Failure to pay the additional fee shall be grounds for suspension of the permit. In the event a complaint is received that requires an inspection, the fee for the inspection of a complaint shall be $50.00. If an inspection is not required after receipt of a complaint, no fee shall be charged. A temporary food service establishment permit shall be required. A fee of $25.00 shall be collected with the application.
(3) 
Prior to approval of an application for a permit, license or certificate, the chief sanitarian shall inspect or cause to be inspected the proposed food service establishment to determine compliance with the requirements of this article.
(4) 
The chief sanitarian shall issue a permit, license or certificate to the applicant if his inspection reveals that the proposed food service establishment complies with the requirements of this article.
(c) 
Suspension.
(1) 
The chief sanitarian may, without warning, notice or hearing, suspend any permit, license or certificate to operate a food service establishment if the holder of the permit, license or certificate does not comply with the requirements of this article, or if the operation of the establishment does not comply with the requirements of the rules and regulations on food service adopted in section 10.04.003, or if the operation of the food service establishment otherwise constitutes a substantial hazard to public health. Suspension is effective upon service of the notice required by subsection (c)(3) of this section. When a permit, license or certificate is suspended, food service operations shall immediately cease. Whenever a permit, license or certificate is suspended, the holder of the permit, license or certificate shall be afforded an opportunity for a hearing before the city council within 20 days of receipt of a request for a hearing.
(2) 
(A) 
Additionally, a food service permit and a food service employee health card (as defined in section 10.04.004) may be revoked for any of the following reasons at any time the holder of such permit or health card owner becomes or is suspected of being:
(i) 
Infected with a disease in a communicable form that can be transmitted by foods;
(ii) 
A carrier of organisms that cause a communicable disease; or
(iii) 
While afflicted with a boil, an infected wound, or an acute respiratory infection.
No person with such a condition shall work in a food service establishment in any capacity in which there is a likelihood of such person contaminating food or food contact surfaces with pathogenic organisms or transmitting disease to other persons.
(B) 
Such revocation shall remain in effect until a licensed physician certifies that such person has a clean bill of health.
(3) 
Whenever a permit, license or certificate is suspended, the holder of the permit, license or certificate or the person in charge shall be notified in writing that the permit, license or certificate 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 city secretary by the holder of the permit, license or certificate within ten days. If no written request for hearing is filed within ten days, the suspension is sustained. The chief sanitarian may end the suspension at any time if reasons for suspension no longer exist.
(d) 
Revocation.
The chief sanitarian may, after providing opportunity for a hearing before the city council, revoke a permit, license or certificate for serious or repeated violations of any of the requirements of this article or for interference with the chief sanitarian or his designee in the performance of its duties as set forth in this article. Prior to revocation, the chief sanitarian shall notify the holder of the permit, license or certificate or the person in charge, in writing, of the reason for which the permit, license or certificate is subject to revocation and that the permit, license or certificate shall be revoked at the end of the ten days following service of such notice unless a written request for a hearing before the city council is filed with the city secretary by the holder of the permit, license or certificate within such ten-day period. If no request for hearing is filed within the ten-day period, the revocation of the permit, license or certificate becomes final.
(e) 
Service of notices.
A notice provided for in this section is properly served when it is delivered to the holder of the permit, license or certificate, 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, license or certificate. A copy of the notice shall be filed in the records of the city.
(f) 
Hearings.
The hearings provided for in this section shall be conducted by the city council at a time and place designated by it. Based upon the recorded evidence of such hearing, the city council shall make a final finding, 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, license or certificate by the city.
(g) 
Reapplication after revocation.
Whenever a revocation of a permit, license or certificate occurs, the former holder of the permit, license or certificate may make written application for a new permit, license or certificate.
(1999 Code, sec. 50-41)
(a) 
Frequency.
An inspection of a food service establishment shall be performed at least once every six months. Additional inspections of the food service establishment shall be performed as often as are necessary for the enforcement of this article.
(b) 
Access.
Agents or employees of the city, after proper identification, shall be permitted to enter any food service establishment at any reasonable time for the purpose of making inspections to determine compliance with this article. The agents shall be permitted to examine the records of the establishments to obtain information pertaining to food and supplies purchased, received or used, or to persons employed.
(c) 
Reports.
Whenever an inspection of a food service establishment or commissary is made, the findings shall be recorded on a form provided by the inspector. The inspection report form shall summarize the requirements of this article and shall set forth a weighted point value for each requirement. Inspectional remarks shall be written to reference, by section number, the section violated and shall state the correction to be made. The rating score of the establishment shall be the total of the weighted point values for all violations, subtracted from 100. A copy of the inspection report shall be furnished to the person in charge of the establishment at the conclusion of the inspection. The completed inspection report form is a public document that shall be made available for public disclosure to any person who requests it according to law.
(d) 
Correction of violations.
(1) 
The inspection report form shall specify a reasonable period of time for the correction of the violations found, and correction of the violations shall be accomplished within the period specified, in accordance with the following provisions:
(A) 
If an imminent health hazard exists, such as complete lack of refrigeration or sewage backup into the establishment, the establishment shall immediately cease food service operations. Operations shall not be resumed until authorized by the chief sanitarian.
(B) 
All violations of four- or five-point weighted items shall be corrected as soon as possible, but in any event within ten days following inspection. Within 15 days after the inspection, the holder of the permit, license or certificate shall submit a written report to the building official stating that the four- or five-point violations have been corrected. A follow-up inspection shall be conducted to confirm correction.
(C) 
All one- or two-point weighted items shall be corrected as soon as possible, but in any event by the time of the next routine inspection.
(D) 
When the rating score of the establishment is less than 60, the establishment shall initiate corrective action on all identified violations within 48 hours. One or more reinspections will be conducted at reasonable time intervals to ensure correction.
(E) 
In the case of temporary food service establishments, all violations shall be corrected within 24 hours. If violations are not corrected within 24 hours, the establishment shall immediately cease food service operations until authorized to resume by the chief sanitarian.
(2) 
The inspection report shall state that failure to comply with any time limits for corrections may result in cessation of food service operations. An opportunity for appeal from the inspection findings and time limitations will be provided if a written request for a hearing is filed with the city secretary within ten days following cessation of operations. If a request for a hearing is received, a hearing shall be held within 20 days of receipt of that request.
(3) 
Whenever a food service establishment is required under the provisions of this section to cease operations, it shall not resume operations until such time as a reinspection determines that conditions responsible for the requirements to cease operations no longer exist. Opportunity for reinspection shall be offered within a reasonable time.
(1999 Code, sec. 50-42)
(a) 
Authority to inspect.
The chief sanitarian may inspect any things offered for sale, sold, given in exchange or given away for use as food or drink for human consumption, and he shall have the authority to enter any food establishment in the city, at any time, for the purpose of such inspection.
(b) 
Authority to close for insanitary conditions.
Whenever the chief sanitarian finds any building or place used for the storage, manufacture or sale of food or drink for human consumption, or the methods or practices used therein, to be so filthy or insanitary as to endanger the public health, it shall be his duty to post a notice of such conditions at the entrance of such building or place and to maintain the same until such conditions or practices have been removed or abated in accordance with the provisions of this article.
(c) 
Authority to keep establishment closed.
The chief sanitarian shall close any food service establishment described in this article and prevent its use for the storage, manufacture or sale of food or drink for human consumption until such food service establishment is put in such condition and so used as to eliminate the danger to the public health.
(1999 Code, sec. 50-43)
Food may be examined or sampled by authorized employees or agents of the city as often as necessary for enforcement of this article. The chief sanitarian may, upon written notice to the owner or person in charge, specifying with particularity the reasons therefor, place a hold order on any food which he believes is in violation of any section of this article. The chief sanitarian or his agent shall tag, label or otherwise identify any food subject to the hold order. No food subject to a hold order shall be used, served or moved from the establishment. The chief sanitarian shall permit storage of the food under conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished. The hold order shall state that a request for hearing may be filed within ten days and that if no hearing is requested the food shall be destroyed. A hearing shall be held if so requested, and, on the basis of evidence produced at that hearing, the hold order may be vacated, or the owner or person in charge of the food may be directed by written order to denature or destroy such food or to bring it into compliance with the provisions of this article.
(1999 Code, sec. 50- 44)
(a) 
Location of premises.
All food service establishments shall be located on premises which have proper and adequate drainage and are not exposed to sources of contamination. No food service establishment shall be located within 60 feet of any stable, hog pen or any other animal pen, unsanitary toilet or any other unwholesome or unsanitary condition.
(b) 
Lavatory and toilet facilities.
Every food service establishment shall be equipped with adequate, sanitary and conveniently located toilet and lavatory facilities for the use of all employees. No toilet shall be located in any room where food is kept, stored or handled, and no toilet room shall be located so as to open directly into any such room unless equipped with operating self-closing doors. No common towel shall be maintained in any lavatory.
(c) 
Lighting and ventilation; pest control.
All rooms in which food is prepared shall be well lighted and ventilated, and the building shall be kept free from flies and insects at all times.
(d) 
Handling and disposal of garbage.
Accumulation of garbage or other wastes within, under or around any building used as a food service establishment is prohibited. All garbage of food service establishments shall be placed in flyproof, watertight metal containers of adequate capacity, and such containers shall be kept closed except when garbage is being deposited therein or removed therefrom. All garbage shall be removed from the premises of food establishments and the containers thoroughly cleaned at least once each day.
(e) 
Sanitary handling of food required.
All food served in a food service establishment shall be kept in a sanitary manner at all times and in clean places free from dust and dirt. No food shall be displayed or placed on the outside of any food service establishment except in dustproof and flyproof containers.
(f) 
Refrigerators.
All refrigerators shall be kept clean and wholesome and shall be drained in a sanitary manner; a water seal shall be installed between each refrigerator and the drain.
(1999 Code, sec. 50-45)
(a) 
Review and approval of plans.
Whenever a food service establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a food service establishment, properly prepared plans and specifications for such construction, remodeling or conversion shall be submitted to the chief sanitarian for review and approval before construction, remodeling or conversion is begun. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans and construction materials of work areas, and the type and model of proposed fixed equipment and facilities. The chief sanitarian shall approve the plans and specifications if they meet the requirements of this article and all other applicable ordinances. No food service establishments shall be constructed, extensively remodeled, or converted except in accordance with the plans and specifications approved by the chief sanitarian.
(b) 
Pre-operational inspection.
Whenever plans and specifications are required by subsection (a) of this section to be submitted to the chief sanitarian, the chief sanitarian or his agent shall inspect the food service establishment prior to its beginning operation to determine compliance with the approved plans and specifications and with the requirements of this article.
(1999 Code, sec. 50-46)
When the chief sanitarian has reasonable cause to suspect the possibility of disease transmission from any food service establishment employee, he may secure a morbidity history of the suspected employee or make any other investigation as may be indicated and shall take appropriate action. The chief sanitarian may require any or all of the following measures:
(1) 
The immediate exclusion of the employee from all food service establishments.
(2) 
The immediate closing of the food service establishment concerned until, in the opinion of the chief sanitarian or his agent, no further danger of disease outbreak exists.
(3) 
Restriction of the employee's services to some area of the establishment where there would be no danger of transmitting disease.
(4) 
Adequate medical and laboratory examination of the employee, of other employees and of his/her and their body discharges.
(1999 Code, sec. 50-47)