This article shall be known as the Town food sanitation ordinance,
and will be referred to in this code as “the food ordinance.”
(1971 Code, sec. 8-1)
The State Department of Health’s Rules on Food Service
Sanitation, 1978 edition, shall be and same is hereby made a part
of this article by reference, the same as if copied herein and made
a part hereof; one (1) copy shall be on file in the office of the
Town Administrator and also one (1) copy in the office of the Town
Health Inspector.
(1971 Code, sec. 8-2)
In addition to the definitions for the State Department of Health’s
Rules on Food Service Sanitation, 1978 edition, the following words
and phrases, for the purpose of this article, shall have the following
meanings:
Any place where food is prepared and intended for individual
portion service, and includes the site at which individual portions
are provided. The term includes any such place whether or not there
is a charge for the food. The term as used within this article shall
also refer to retail food stores.
The individual present in a food service establishment who
is the apparent supervisor of the food service establishment at the
time of inspection. If no individual is the apparent supervisor, then
any employee present is the person in charge.
Any establishment where food and food products are offered
for sale to the ultimate consumer and intended for off-premises consumption.
Such food or food product may be expected to vary in degree of preparation
and may often need further preparation or processing after it has
been purchased. In this article, the term will be included when referring
to food service establishments.
(1971 Code, sec. 8-3)
The Regulatory Authority is the Town or its designate, the Dallas
Countywide Health Department, or authorities having jurisdiction over
food establishments as defined by the State. However, in all cases
where references are made to licenses, permits or hearings, the location
will be the Town Hall.
(1971 Code, sec. 8-4; Ordinance
adopting Code)
(a)
Any
person or firm desiring to operate a food service establishment and/or
retail food store shall make written application to the Town for a
permit provided by the Town’s Regulatory Authority. Prior to
approval of the application, the Regulatory Authority shall inspect
the proposed food service establishment or retail food store, and
if such inspection reveals that the applicant’s establishment
or store complies with the requirements of this article, the Town
shall issue a permit.
(b)
No
person or firm shall operate a food service establishment or retail
food store without having a valid permit issued to such person or
firm by the Town. Only a person or firm who complies with the requirements
of this article shall be entitled to receive or retain such annual
permits. The annual permit fee shall be established by Council resolution,
which shall be due and payable on or before the first day of January
of each year beginning January 1, 1989. Permits are not transferable.
A valid permit shall be posted in every food service establishment
and retail food store and shall be conspicuously displayed at all
times.
(1971 Code, sec. 8-5)
Representatives of the Regulatory Authority, 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, and such inspections shall be performed
once every four (4) months or as often as necessary for enforcement
of this article.
(1971 Code, sec. 8-6)
Whenever an inspection of a food service establishment, retail
food store or commissary is made, the findings shall be recorded on
the inspection report form as set forth in section 301.73.011(f) of
the State Department of Health’s Rules on Food Service Sanitation.
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 corrections to be made. A
copy of the completed inspection report form shall be furnished to
the person in charge of the establishment on the conclusion of the
inspection. The form shall specify a reasonable period of time for
the correction of any violations found, and correction of the violations
shall be accomplished within the period specified. The completed inspection
report form is a public document that, according to law, shall be
available for public disclosure to any person who requests it.
(1971 Code, sec. 8-7)
No food service establishment shall be constructed, extensively
remodeled or converted, involving an expenditure in excess of one
thousand dollars ($1,000.00), without the review and approval of the
Regulatory Authority. Properly prepared plans and specifications for
such construction, remodeling or conversion shall be submitted to
the Regulatory Authority for review and approval before construction,
remodeling or conversion begins. The Regulatory Authority shall inspect
the food service establishment prior to the start of operations to
determine compliance with the approved plans and specifications and
with the requirements of this article.
(1971 Code, sec. 8-8)
(a)
The
Regulatory Authority may, without warning, notice or hearing, suspend
any permit, license or certificate to operate a food service establishment
if the holder of the permit violates the requirements of this article
in a manner which the Regulatory Authority finds to be an immediate
health hazard to the patrons of said establishment or the community.
The Regulatory Authority may require an immediate cessation of food
service operations by serving a written notice to that effect upon
the permit holder or the person in charge of the premises. If the
holder of the permit, license, or certificate desires an immediate
hearing on the required cessation of food service operations he may
appeal to the Town Administrator or his designee, who will conduct
such hearing on the next business day after the appeal has been filed.
At such hearing, the Town Administrator or his designee may:
(b)
If
the holder of the permit, license or certificate desires to appeal
the decision of the Town Administrator, he may follow the following
procedure: An opportunity for a hearing before the Town Council will
be provided if a written request for hearing is filed with the Town
Administrator by the holder of the permit, license or certificate
within ten (10) days after the decision of the Town Administrator
or his designee. If a written request is received within the ten-day
period, the holder of the permit, license or certificate shall be
afforded an opportunity for a hearing within twenty (20) days of the
receipt of the request. If no written request for hearing is filed
within ten (10) days, the suspension is sustained.
(c)
The
Regulatory Authority may end the suspension at any time if reasons
for the suspension no longer exist.
(1971 Code, sec. 8-9)
The Regulatory Authority may revoke a permit, license or certificate
for serious or repeated violations of any of the requirements of this
article or for interference with the Regulatory Authority in the performance
of duty. Prior to revocation, the Regulatory Authority shall notify,
in writing, the holder of the permit, license or certificate, or the
person in charge, of the specific reason(s) for which the permit,
license or certificate is to be revoked and that revocation will become
final at the end of ten (10) days following service of such notice
unless a written request for hearing is filed with the Regulatory
Authority by the holder of the permit, and the opportunity for a hearing
will be afforded within the following twenty (20) days. Whenever a
revocation of a permit, license or certificate has become final, the
holder of the revoked permit, license or certificate may make written
application for a new permit, license or certificate.
(1971 Code, sec. 8-10)
A notice provided for in this article 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.
(1971 Code, sec. 8-11)
The hearings provided for in this article shall be conducted
by the Town Administrator or his designee at a time and place designated
by him. Based upon the record of such hearing, the
Town Administrator or his designee shall make a finding and
shall sustain, modify or rescind any official notice or order considered
in the hearing. A written report of the hearing decision shall be
furnished to the permit holder by the Town Administrator. An opportunity
for appeal to the Town Council will be provided if a written request
for hearing is filed with the Town Administrator by the holder of
the permit, license or certificate within ten (10) days after the
decision of the Town Administrator or his designee. If a written request
is received within the ten-day period, the holder of the permit, license
or certificate shall be afforded an opportunity for a hearing before
the Town Council within twenty (20) days of the receipt of the request.
If no appeal is filed within ten (10) days, the decision of the Town
Administrator is final.
(1971 Code, sec. 8-12)
