The enforcement of this article shall be regulated in accordance with the Texas Department of Health, Bureau of Food and Drug Safety, Retail Foods Division “Texas Food Establishment Rules 25 TAC” 229.161-229.171, 229-173-229.175, The Texas Food, Drug and Cosmetic Act” (Vernon’s Texas Health and Safety Codes Chapter 431), and “Texas Sanitation and Health Protection Law” (Vernon’s Texas Health and Safety Code Chapter 341), a copy of which shall be on file in the office of the city secretary.
(Ordinance 1524, 3-26-02)
(a) 
Every food service employee shall within 30 days of the date of employment, be the holder of a current valid food handler card, issued by the City of Euless Health Services.
(b) 
No person who owns, manages or otherwise controls any food service establishment shall permit any food service employee to come in contact with any defined food related areas if the employee does not within 30 days after employment possess a current valid food handler card issued by the City of Euless Health Services.
(c) 
Every food service or food establishment shall have available on the premises at all times the food handling card of each employee for inspection, and if requested, shall provide the City of Euless Health Services with documentation of the date of employment of any employee of the establishment.
(d) 
Temporary food service establishments operated in conjunction with a special event shall be exempt from this required food handler’s card.
(e) 
Every card issued shall remain effective for a period of two years and may be renewed upon successful completion of additional approved refresher courses and payment of renewal fees. Food handler cards are the property of the person named thereon and must be returned by employers to such person upon cessation of employment.
(Ordinance 1524, 3-26-02)
In order to receive a food handler card, every person owning, employed by, or otherwise connected with a food establishment whose work brings him/her into contact with food, utensils or food service equipment shall be required to attend a food handling class held by the City of Euless Health Services before a food handler card will be issued. An approved food management protection training program as required by chapter 438, subchapter D, Texas Health and Safety Code, as amended, may be substituted for the course provided by the City of Euless Health Services.
(Ordinance 1524, 3-26-02)
(a) 
No person shall operate a food establishment without a current, valid food establishment permit issued by the City of Euless Health Services.
(b) 
A separate permit shall be required for every food establishment with separate and distinct facilities and operations, whether situated in the same building or at separate locations. Separate and distinct lounge operations within a food establishment that are in addition to food operations require a separate permit. (Inclusive of bars, deli(s) or like businesses)
(c) 
Permits issued under the provisions of this article are not transferable. A permit shall be valid for the period of time shown on the face of the permit, unless earlier suspended or revoked by the regulatory authority.
(d) 
The application for a new or a renewed permit shall be made on an application form prescribed by the regulatory authority.
(e) 
The application shall require the applicant’s name, type of business organization, the name and address of the owner or principal officer of the business, the nature of the business, the location of the business, and such other information as the regulatory authority deems necessary.
(f) 
Applications for permits for mobile food units or temporary event establishments which operate from a fixed food facility located outside of the city shall have correct truck registration, insurance, and valid/current drivers license information for each vehicle and each driver.
(g) 
A temporary food/event establishment permit shall be required and daily inspections shall be required.
(h) 
Health services shall not renew an expiring or expired permit until the owner or operator of the food establishment provides proof of compliance with current minimum health requirements.
(i) 
Upon change of ownership of a business, the new owner shall be required to meet current food establishment standards as defined in this Code and state law before a permit will be issued by the health services.
(j) 
The following types of establishments are exempt from the requirements of this article:
(1) 
Group homes;
(2) 
Establishments selling only commercially packaged, non-potentially hazardous foods;
(3) 
Vending machines;
(4) 
Facilities operated by nonprofit organizations for their members, families, and invited guests. Facilities are not exempt when food service is provided in conjunction with a child care facility, retirement center, hospital, school, indigent feeding program or public fundraising events; and
(5) 
Private schools that do not have a kitchen.
(k) 
Criminal offenses.
(1) 
A person commits an offense if the person knowingly owns, operates, or is in control of a food establishment that is operating without a valid food permit.
(2) 
A person commits an offense if the person owns or operates a food establishment and knowingly fails to post and maintain a permit.
(Ordinance 1524, 3-26-02)
(a) 
Food establishment permits shall be classified according to the duration of operation and location of such operation.
(b) 
The duration of a permit shall fall within one of three categories; annual, temporary, or seasonal, as follows:
(1) 
Annual.
An establishment that operates throughout the year.
(2) 
Temporary.
An establishment that operates three consecutive days/or fewer, in conjunction with a special event no more than two times a year.
(3) 
Seasonal.
An establishment that operates no more than 12 weekends per year, and not associated with a special event. The establishment shall be issued one permit per year, with permission from primary business location and operate as secondary only to primary business location with current and valid certificate of occupancy and during normal business hours. No seasonal permits shall be issued for any residential zones.
(c) 
The location classification of a permit shall fall within one of two categories, either fixed or mobile, as follows:
(1) 
Fixed food establishments.
a. 
Food service establishment-Restaurants, cafeterias, snack bars, bakeries, snow cone stands, caterer’s commissaries, private school cafeterias, halfway house food services, hospital kitchens/cafeterias, institutional food services, etc., where food is prepared and served.
b. 
Retail food stores handling prepackaged, potentially hazardous foods.
c. 
Retail food stores handling, processing or selling open foods.
d. 
Food warehouses/wholesalers.
e. 
Bars/lounges.
(2) 
Mobile food units.
a. 
Retail food unit handling prepackaged food.
b. 
Retail food unit (including trailers, mobile barbecues, snow cone units, etc.) handling, processing or selling open food. A separate permit is required for each different type of mobile unit owned or operated by an individual or company.
c. 
Any person or firm who operates a mobile food unit or a mobile food establishment as defined in this article shall not operate such establishment within one block of any block containing an elementary or junior high school.
d. 
Only food items previously approved by the regulatory authority may be sold on a mobile food unit. Non-food items such as toys, fireworks, or any hazardous substances such as stink bombs are prohibited.
(Ordinance 1524, 3-26-02)
The regulatory authority or his designee is hereby authorized to issue permits to any person or firm making application for a food establishment permit, food handler permit, mobile food establishment or a temporary food establishment permit in the city; provided that only a person or firm that complies with the requirements of this article shall be entitled to receive and retain such permit.
(Ordinance 1524, 3-26-02)
(a) 
Application for such permit as required by this article in subsection 42-9(a) shall be made in writing to the regulatory authority or his designee upon forms prescribed and furnished by the City of Euless Health Services.
(b) 
A food establishment permit plan review fee shall be due for each food establishment that requires plans to be submitted according to section 42-13 of this chapter.
(c) 
A food establishment permit application fee shall be due for each food establishment that requires a new food establishment permit due to change of ownership, change in type of operation, or revocation, and a new application shall be made for a permit as required by subsection 42-9(a) of this article. Whenever a new food establishment permit is required, the regulatory authority shall inspect the food establishment prior to beginning operation to determine compliance with requirements of this article.
(d) 
Failure to provide all required information, or falsifying information required on the application, may result in denial or revocation of the permit.
(Ordinance 1524, 3-26-02)
(a) 
Submission 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 City of Euless Building Department for review and approval before construction, remodeling or conversion is to begin. 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 building department shall approve the plans and specifications if they meet the requirements of these rules. No food service establishment shall be constructed, extensively remodeled or converted except in accordance with plans and specifications approved by the building department.
(b) 
Pre-operational inspection.
Whenever plans and specifications are required by subsection (a) of this section to be submitted to the building department, the building department shall inspect the food service establishment prior to its beginning operation to determine compliance with the approved plans and specifications and with the requirements to these rules.
(Code 1974, § 8-89; Ordinance 1524, 3-26-02)
(a) 
Any food establishment permit or mobile food permit granted under the provision of subsection 42-9(a) of this article shall remain in full force and effect 12 months from the date of issuance as long as the annual food establishment permit fee is paid and unless said permit is denied, suspended or revoked for cause. A food establishment permit that lapses for non-payment of the annual food establishment permit fee will be re-instated upon payment of a re-instatement fee, except that permits lapsed for more than three (3) months may not be re-instated.
(b) 
An exception to paragraph (a) above is that a temporary food establishment permit shall remain in full force and effect for a period of time not more than three consecutive days from date of issuance in conjunction with a single event or celebration unless suspended or revoked for cause.
(Ordinance 1524, 3-26-02)
Every permit issued under the provisions of this article shall be non-transferable, non-refundable, and at regulatory authority discretion. A food establishment or temporary food establishment permit shall permit the operation of the establishment only at the location, for the type of food service, and for the permit holder for which granted.
(Ordinance 1524, 3-26-02)
(a) 
An inspection of a food service establishment shall be performed at least twice annually and shall be prioritized based upon assessment of a food establishment’s compliance and potential of causing food borne illness according to Section 229.171 (h) of the Texas Food Establishment Rules.
(b) 
Additional inspections of the food establishment shall be performed as often as necessary for the enforcement of this article.
(Ordinance 1524, 3-26-02)
(a) 
Health services may enter premises or vehicles regulated by this article at all reasonable times whenever it is necessary to make an inspection to enforce any of the provisions of this article or other laws regulating food, to inspect permits, certificates, and other records required by this article and state and federal laws regulating food, to collect samples of food and other substances as may be necessary for the detection of unwholesomeness or adulteration, or whenever probable cause exists to believe that a violation of this article or other laws regulating food exists.
(b) 
Health services shall first present credentials and require entry if the premises are occupied. If the premises are unoccupied, the inspector shall first make a reasonable attempt to locate the owner, operator or other person in control of the premises and require entry.
(c) 
If entry is denied or if a person in control cannot be located, the regulatory authority shall have every recourse provided by law to secure entry, including obtaining a search warrant.
(Ordinance 1524, 3-26-02)
Food may be examined or sampled by health services as often as necessary for enforcement of these rules. Health services, upon written notice to the owner or person in charge specifying with particularity the reasons therefore, may place a hold order on any food which it believes is in violation of Texas Food Establishment Rules 25 TAC Section 229.164, or any other provision of these rules. Health services 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. Health services 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 these rules.
(Ordinance 1524, 3-26-02)
When the health services has reasonable cause to suspect the possibility of disease transmission from any food service establishment employee, it may secure morbidity history of the suspected employee or make any other investigation as may be indicated and shall take appropriate action. The regulatory authority 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 regulatory authority, 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; and
(4) 
Adequate medical and laboratory examination of the employee, of other employees and of his and their body discharges.
(Ordinance 1524, 3-26-02)
(a) 
Penalties.
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 deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount of not less than $25.00 nor more than the maximum provided in section 1-12 of this Code for violations of provisions governing public health and sanitation for each offense. Each day that such violation shall continue shall be deemed a separate and distinct offense and shall be punished as such.
(b) 
Injunctions.
The regulatory authority may seek to enjoin violations of these rules.
(Ordinance 1524, 3-26-02)
(a) 
Additional requirement for issuance of permit.
(1) 
All drivers of ice cream trucks and other vehicles vending products to children shall submit a copy of their commercial driver’s license to the city and obtain the permit described in this article before operating such vehicle. A commercial driver’s license is required.
(2) 
All permit applicants shall provide proof of automobile insurance according to state law along with the application.
(3) 
All applicants shall be subject to a criminal history background check, and shall consent to such check as a condition of application. A conviction for any offense involving actual or attempted homicide, kidnapping, assault or assaultive offenses, unlawful sexual conduct or assault, theft (including robbery or burglary), prostitution or obscenity shall be grounds for disqualification of an applicant.
(b) 
Safety equipment for ice cream trucks.
(1) 
Signs stating “WATCH FOR CHILDREN” must be provided on the front, back, and both sides of the vehicle in at least four inch letters of contrasting colors.
(2) 
The company name, address, and phone number must be on both sides of the vehicle in at least three-inch letters of contrasting colors.
(3) 
A serving window, capable of being closed when not in use, must be provided and must be located on the curbside only.
(4) 
Left and right outside rear view mirrors as well as two additional outside wide-angle mirrors on the front and back of the vehicle must be provided to enable the driver to see around the entire vehicle.
(5) 
Operable yellow or amber flashing hazard lights that are clearly visible not less than 100 yards from the mobile unit under average daylight conditions shall be provided. Such lights shall be mounted no more than 12 inches below the roof of the mobile unit. No fewer than two lights shall be visible from each approach.
(6) 
A rear bumper cover shall be installed to prevent children from standing or jumping on the rear of the vehicle.
(c) 
Vending requirements for mobile ice cream vendors.
(1) 
Location.
a. 
Mobile ice cream trucks are permitted to vend in an area for no more than 15 minutes, then they must move to another location.
b. 
Mobile ice cream vending is prohibited within city parks.
c. 
Mobile ice cream trucks shall not vend within one block of any block containing an elementary or junior high school during school hours or within one hour before or after school hours on a day that school is scheduled to be in session.
d. 
Mobile ice cream trucks shall not vend within 100 feet from an intersection.
(2) 
Hours of operation.
Mobile ice cream vending may only occur from 10:00 a.m. to one-half hour before sunset.
(3) 
Use of sound equipment.
a. 
Use of sound equipment shall be limited to music or human speech.
b. 
Sound shall not be audible more than 100 yards from the truck. Sound shall be produced at no more than 80 dBA.
c. 
Sound equipment may only be used from 10:00 a.m. until one-half hour before sunset.
d. 
Sound shall not be broadcast within 100 yards of schools during school hours while school is in session, or within 100 yards of hospitals, churches, courthouses, funeral homes, or cemeteries.
e. 
Sound shall be turned off while the vehicle is stopped for vending.
(4) 
Safety precautions.
a. 
Drivers shall check around the vehicle before leaving the area to ensure that children are not remaining. When handing the purchased product to the children, drivers shall make certain traffic is clear, in case a child leaves the truck immediately and fails to observe the hazard of oncoming traffic.
b. 
Child customers shall not be allowed inside the vehicle. This provision shall not apply to children related to the driver within the third degree of consanguinity or affinity, while riding with the driver along the sales route.
(Ordinance 1524, 3-26-02)
(a) 
A food establishment may apply for a variance waiving the prohibition against dogs at a food establishment as permitted by section 229.171(c) of the Texas Food Establishment Rules. The variance will be granted if the city manager or their designee determines a health hazard or nuisance will not result from the granting of the variance. The food establishment must submit an application for a variance on a form provided by the city manager or their designee and pay a nonrefundable fee as established within chapter 30 “Fees.” A variance granted under this section is nontransferable and shall be reviewed biannually along with any permit granted under section 42-9.
(b) 
The city manager or their designee may grant a variance pursuant to this section and section 229.171(c) of the Texas Food Establishment Rules, to allow dogs on the premises of a food establishment's outdoor patio area, only in accordance with the following standards and conditions intended to prevent a health hazard or nuisance:
(1) 
Except as allowed under section 229.167(p)(15) of the Texas Food Establishment Rules, no dog may enter or be present inside the food establishment or on any playground area of the food establishment;
(2) 
A separate entrance must be provided from the outside of the food establishment to the outdoor patio so that a dog will have direct access to the patio without entering the interior of the food establishment or any playground area of the food establishment. A dog on an outdoor patio 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 patio;
(3) 
Signage must be posted at the front entrance and at the separate entrance to the outdoor patio area of the food establishment to be easily visible to the public. The signage at the front entrance must read: DOG FRIENDLY PATIO (with an arrow showing the direction to the patio entrance) DOG ACCESS ONLY THROUGH OUTDOOR PATIO. Signage to the outdoor patio area must read: DOG ACCESS;
(4) 
Doors equipped with self-closing devices must be provided at all entrances to the outdoor patio from the interior of the food establishment;
(5) 
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 patio from a pitcher or other container that has been filled or otherwise prepared inside the food establishment;
(6) 
The food establishment shall have hand sanitizer available at or near all entrances and exits to the establishment;
(7) 
The outdoor patio must be continuously maintained free of visible dog hair, dog dander, and other dog-related waste or debris. The outdoor patio must be hosed down or mopped with animal friendly chemicals at the beginning of each shift during which food or beverages will be served (breakfast, lunch, dinner or late-hours), or, if a food establishment has continuous food or beverage service without designated shifts, then every six hours that the establishment is open for business, except that cleaning under this subsection is not required if no dog has been present on the outdoor patio since the last cleaning. Waste created from a dog's bodily functions must be cleaned up with animal friendly chemicals within five minutes after each occurrence. All dog waste must be disposed of outside of the food establishment in an appropriate waste receptacle. Equipment used to clean the outdoor patio must be kept outside of the food establishment;
(8) 
While on duty, wait staff or other food handlers at the food establishment, may not pet or have contact with any dog;
(9) 
A dog must be kept on a leash and remain in the control of the owner while in the outdoor patio area. The dog must be currently vaccinated for rabies and wear a collar or harness with a current rabies tag attached to it;
(10) 
A dog is not allowed on a seat, table, countertop, or similar surface in the outdoor patio area;
(11) 
A dog is not allowed to have contact with any dish, utensil, tableware, linen, paper product, or any other item used for food service;
(12) 
Wait staff or other food handlers may not directly serve a dog any food (including, but not limited to, dog kibble, biscuits, and edible treats) while in the outdoor patio area, but may provide water in a disposable container or in a container provided by the owner; and
(13) 
The food establishment must maintain written procedures to notify the animal control division of public works of any rabies control incidents, or any other incident involving any sort of altercation between two or more dogs where the dogs come into physical contact.
(c) 
An owner, officer, manager, or other person in charge of a food establishment commits an offense if they, either personally or through an employee or agent, violates, allows a violation of, or fails to comply with a term or condition of a variance granted under this section.
(d) 
A food establishment granted a variance under this section shall comply with all other applicable Texas Food Establishment Rules and the provisions of this chapter.
(e) 
The city may deny or revoke a variance under this section if the food establishment is in violation of any term or condition of the variance as established by this section or state law.
(Ordinance 2094, § 1, 11-10-15)