The city adopts by reference and incorporates into this article volume 25 Texas Administrative Code chapter 228, also known as the “Texas Food Establishment Rules” as adopted by the Texas Department of State Health Services as the regulations now exist and as hereafter amended.
(Ordinance adopted 9/19/78; Ordinance adopted 1/5/95; Ordinance adopted 4/15/99; Ordinance O-21-031 adopted 11/4/21)
The following words and phrases shall have the following meanings unless the context clearly indicates a different meaning:
Authorized agent or employee.
Shall be understood to refer to an employee or authorized representative of the City of Brenham.
Food establishment.
A food service establishment, a retail food store, a temporary food establishment, or a mobile food establishment.
Food truck park.
A parcel of land where two or more mobile kitchens congregate to offer food or beverages for sale to the public as the principal use of the land.
Food truck site.
A developed property where a mobile kitchen operates as an accessory use to the primary active business located on the same site. Food truck sites shall not be permitted as an accessory use on property developed with a residential use.
Nonmotorized vending cart.
A nonmotorized vehicle that is normally propelled by the operator, contains products for sale that are prepackaged and/or frozen, and operates independent of any fixed food establishment.
Mobile food establishment.
A vehicle-mounted food establishment designed to be readily moveable that is equipped with food preparation equipment and includes vehicles in which food is prepared on site. Mobile food establishments include mobile kitchens, mobile ice-cream/frozen dessert vehicle and nonmotorized food vending carts. Mobile food establishments do not include restaurant delivery and catering vehicles.
Mobile food trailer.
A mobile kitchen that serves food or beverages from an enclosed, self-contained, nonmotorized vehicle that is normally pulled behind a motorized vehicle.
Mobile food truck.
A mobile kitchen that serves food or beverages from an enclosed, self-contained, motorized vehicle.
Mobile ice cream/frozen dessert vehicle.
A motorized vehicle that normally contains a commercial freezer in which all products for sale are prepackaged and frozen.
Mobile kitchen.
A motorized vehicle or tow-behind trailer equipped with kitchen facilities such as plumbing, hot water supply, mechanical refrigeration, cooking equipment, and dry goods storage used for the preparation and sale or service of food and beverages. Customer service is provided at a counter or window in the vehicle. Mobile kitchens may include, but are not limited to, mobile food trucks and mobile food trailers. Mobile kitchens shall not include individual nonmotorized vending carts or mobile ice cream/frozen dessert vehicles.
Municipality.
The City of Brenham.
Temporary food establishment.
A food establishment that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration.
(Ordinance O-21-031 adopted 11/4/21)
(a) 
Required; compliance.
No person or entity shall operate a food establishment without a valid permit issued by the municipality. Only a person or entity who complies with the requirements of these rules shall be entitled to receive or retain such a permit. A valid permit must be posted in public view in every food establishment.
(b) 
Application; fees.
A permit shall only be issued after the appropriate application has been filed with the municipality and the required fees have been paid. Permit fees shall be set by resolution of the city council and kept on file in the office of the city secretary.
(c) 
Issuance; renewal.
Permits shall be issued for a period not to exceed one year expiring on December 31 of each year. The application to renew a permit and the accompanying fee must be received by the municipality on or before January 7 of the calendar year for which the permit is sought. If such application and fee are not received by January 7, the municipality may charge the food establishment an application late fee as set forth in the adopted development services fee schedule for failure to comply with the requirements of subsection (a) above. Any application or permit fee not received by January 15 may result in immediate closure of the food establishment. The charging of such late fee or the immediate closure of the food establishment will have no effect on the city’s right to seek criminal penalties by the enforcement provision of this chapter.
(d) 
Transferability.
A permit may not be transferred from one person to another, from one food establishment to another, or from one type of operation to another if the food operation changes from the type of operation specified in the application and the change of operation is not approved by the municipality.
(Ordinance O-21-031 adopted 11/4/21)
(a) 
Any person or entity desiring to operate a food establishment shall make written application for a permit on a form provided by the municipality. Such application shall include the name and address of each applicant, the location and type of the proposed food establishment, and the signature of each applicant. 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.
(b) 
Prior to approval of an application for a permit, the municipality shall inspect the proposed food establishment to determine compliance with the requirements of this chapter.
(c) 
The municipality shall issue a permit to the applicant if its inspection reveals that the proposed food establishment complies with the requirements of this chapter. A food establishment that does not comply with the requirements of this chapter will be denied a permit.
(Ordinance O-21-031 adopted 11/4/21)
(a) 
The municipality may without warning, notice, or hearing, suspend any permit to operate a food establishment if the holder of the permit, person in charge, or the operation of the food establishment does not comply with the requirements of this chapter, or if the operation of the food establishment otherwise constitutes an immediate hazard to public health.
(b) 
Suspension is effective upon service of the notice required by subsection (c) of this section. When a permit is suspended, food service operations shall immediately cease.
(c) 
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 notified of the right to appeal such suspension as provided in section 9-8.
(d) 
Whenever a food establishment, mobile food establishment, or temporary food establishment is required under the provisions of this section to cease operations, it shall not resume operations until such time as a follow-up inspection determines that conditions responsible for the requirement to cease operations no longer exist. Opportunity for a follow-up inspection shall be offered within a reasonable time.
(e) 
The municipality may end the suspension at any time if the reasons for suspension no longer exist.
(Ordinance O-21-031 adopted 11/4/21)
(a) 
The municipality may, after providing opportunity for a hearing as provided in section 9-8, revoke a permit for serious or repeated violations of any of the requirements of this article or for interference with the municipality in the performance its duty.
(b) 
Prior to revocation, the municipality 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 (10) days following service of such notice unless a written request for a hearing is filed with the municipal court of the municipality by the holder of the permit within such ten (10) day period. If no request for hearing is filed within the ten (10) day period, the revocation of the permit becomes final.
(c) 
Whenever a revocation of a permit has become final, the holder of the revoked permit may make written application for a new permit according to this article.
(d) 
Whenever a food establishment is required under the provisions of this section to cease operations, it shall not resume operations until such time as an inspection is performed by the municipality. Opportunity for an inspection shall be offered within a reasonable time.
(Ordinance O-21-031 adopted 11/4/21)
A notice provided for in this chapter 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 municipality.
(Ordinance O-21-031 adopted 11/4/21)
The hearings provided for in this article shall be held in the municipal court and presided over by a municipal court judge. Based upon the recorded evidence of such hearing, the municipal court judge 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 permit holder, and a copy shall be filed with the city secretary.
(Ordinance O-21-031 adopted 11/4/21)
(a) 
Submission of plans.
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 municipality 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 municipality shall approve the plans and specifications if they meet the requirements of this chapter. No food establishment shall be constructed, extensively remodeled, or converted, except in accordance with plans and specifications approved by the municipality.
(b) 
Preoperational inspection.
Whenever plans and specifications are required by subsection (a) of this section to be submitted to the municipality, the municipality shall inspect the food establishment prior to its beginning operation to determine compliance with the approved plans and specifications and with the requirements of this chapter.
(Ordinance O-21-031 adopted 11/4/21)
(a) 
Inspections of food establishments shall be conducted a minimum of two times each year. However, inspections of food establishments shall be performed as often as are necessary for the enforcement of this article based on public health risks posed by the establishment and the establishment’s past compliance history. Inspections may also be made where consumer complaints and/or reports of foodborne illness outbreaks warrant a need to perform inspections.
(b) 
Agents of the municipality, after proper identification, shall be permitted to enter any food establishment at any reasonable time, for the purpose of making inspections to determine compliance with this chapter, or if there is reasonable cause to believe that there exists in any building or upon any premises any condition in violation of this chapter.
(c) 
The agents shall be permitted to examine the records of the establishment to obtain information pertaining to food and supplies purchased, received, or used, or to persons employed.
(d) 
If a person denies access to the municipality, the municipality shall:
(1) 
Inform the person that:
(A) 
The permit holder is required to allow access to the municipality as specified under this section,
(B) 
Access is a condition of the acceptance and retention of a food establishment permit to operate under section 9-3; and
(C) 
If access is denied, an order issued by the appropriate authority allowing access, hereinafter referred to as an inspection order, may be obtained according to law; and
(2) 
Make a final request for access.
(Ordinance O-21-031 adopted 11/4/21)
(a) 
Contents; rating score.
Whenever an inspection of a food establishment is made, the findings shall be recorded on the inspection report form referenced in subsection (b) of this section. The inspection report form shall summarize the requirements of these rules and shall set forth a weighted point value for each requirement. The rating score of the establishment shall be the total of the weighted point values for all violations, subtracted from one hundred (100). A copy of the inspection report form 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.
(b) 
Inspection report form.
An inspection report form is based on the requirements of this chapter and shall be on file in the office of the appointed representative of the municipality.
(c) 
Posting inspection reports.
The most current scored inspection report form must be displayed within ten feet of the establishment’s main public entrance or other location approved by the inspector and representative of the establishment and must be visible at eye level (48-66 inches) to patrons of the establishment. Patrons should be advised to direct questions about the report to the municipality. Failure to post the most current scored inspection report in the manner described or facilitating its removal may result in a reinspection fee.
(Ordinance O-21-031 adopted 11/4/21)
(a) 
Time period for corrections.
The inspection report form shall specify a reasonable period 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:
(1) 
If the municipality determines an imminent health hazard exists, the establishment shall immediately cease food service operations. Operations shall not be resumed until authorized by the municipality. An imminent health hazard exists under conditions, including, but not limited to:
(A) 
Lack of potable water;
(B) 
Inadequate refrigeration;
(C) 
Sewage backup;
(D) 
Lack of sanitation, defined as a score of 69 or below;
(E) 
Lack of hot water;
(F) 
Extended interruption of electricity or water;
(G) 
Misuse of poisonous/toxic chemicals;
(H) 
Onset of an apparent food-borne disease outbreak;
(I) 
Fire/flood;
(J) 
Failure to exclude an infectious employee;
(K) 
Other conditions that affect public health.
(2) 
All violations of four- or five-point weighted items shall be corrected immediately, or a plan of action shall be developed and implemented as agreed upon by the person in charge and the inspector.
(3) 
All violations of three-point weighted items shall be corrected immediately; provided, however, in those circumstances where immediate action is not possible, the violation shall be remedied prior to the expiration of ten (10) days.
(4) 
All other violations shall be corrected within ninety (90) days of the inspection or before the next inspection, whichever comes first.
(5) 
In the case of temporary food establishments, all violations shall be corrected immediately. If violations are not corrected immediately, the establishment shall immediately cease food service operations, until authorized to resume by the municipality.
(b) 
Repeat violations/follow-up inspection.
Any violation documented on three (3) consecutive inspections will require a follow-up inspection within five (5) business days and a reinspection fee as set forth in the adopted development services fee schedule. If the reinspection fee has not been paid after thirty (30) days, the permit may be suspended. The charging of such reinspection fee will have no effect on the municipality’s right to seek criminal penalties permitted by the penalty provision of this chapter.
(Ordinance O-21-031 adopted 11/4/21)
(a) 
Examination of food.
Food may be examined, or samples may be taken for laboratory analysis by the municipality as often as necessary for enforcement of this chapter. The municipality may, upon written notice to the owner or person in charge, place a hold order on any food which it believes is in violation of this chapter.
(b) 
Identification of food subject to hold order.
The municipality shall tag, label, or otherwise identify any food subject to the hold order, stating the specific reasons for placing the food under the hold order with reference to the applicable provisions of the Texas Food Establishment Rules (TFER) and the hazard or adverse effect created by the observed condition. The municipality shall completely identify the food subject to the hold order by the common name, the label information, a container description, the quantity, municipality’s tag or identification, and location.
(c) 
Handling of food subject to hold order.
No food subject to a hold order shall be used, served, or moved from the establishment. The municipality 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. If the municipality has reasonable cause to believe that the hold order will be violated, or finds that the hold order is violated, the municipality may remove the food that is subject to the order to a place of safe keeping.
(d) 
Request for hearing.
The hold order shall state that a request for a hearing may be filed within ten (10) 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 the 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 chapter. The municipality may seek an administrative or judicial remedy to achieve compliance with the provisions of this chapter if a person operating a food establishment or employee fails to comply with a hold order as specified in this section.
(Ordinance O-21-031 adopted 11/4/21)
When the municipality has reasonable cause to suspect the possibility of disease transmission from any food 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 municipality may require any or all the following measures:
(1) 
The immediate exclusion of the employee from all food establishments;
(2) 
The immediate closing of the food establishment concerned until, in the opinion of the municipality, 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 their body discharges.
(Ordinance O-21-031 adopted 11/4/21)
(a) 
A certified food protection manager shall be present at the food establishment during all hours of operation. Food establishments that serve, sell, or distribute only prepackaged foods, non-time/temperature control for safety (TCS) foods, or temporary food establishments are exempt from the provisions of this section. The original food manager certificate shall be posted in the food establishment in a location that is conspicuous to consumers.
(b) 
If a food establishment cannot meet the requirements of subsection (a) of this section because of the termination, expiration, or permanent transfer of a certified food manger, the food establishment shall:
(1) 
Hire another employee with a current food manager certification; or
(2) 
Register a current employee for a food manger class within ten (10) days of the termination, expiration, or permanent transfer. The approved course must be completed within thirty (30) calendar days.
(c) 
Noncompliance with this section will result in a follow-up fee to be determined by the municipality.
(d) 
If it is determined that lack of knowledge is a factor in a permit suspension, the current food manager can be required by the municipality to retake an approved food manger class.
(Ordinance O-21-031 adopted 11/4/21)
(a) 
All food employees, except for the certified food protection manager, shall successfully complete an accredited food handler training course, within 30 days of employment. This food handler’s card is to be issued by a food handler program licensed or recognized by the Texas Department of State Health Services. This card shall be valid for such a time as the issuer may designate, but not to exceed four (4) years.
(b) 
The original or a copy of the food handler’s card shall be posted or kept on-site by management and made available to the municipality.
(Ordinance O-21-031 adopted 11/4/21)
In addition to the requirements set forth in the Texas Food Establishment Rules and in this chapter, temporary food establishments shall comply with the following:
(1) 
Permit.
(A) 
Permits for temporary food establishments may be issued for a period not to exceed fourteen (14) days and may be issued only for a single event or celebration. Permits are not transferable from one person to another or from one location to another.
(B) 
Any person desiring to obtain a temporary food establishment permit must make written application for the permit on a form provided by the municipality. The application must be submitted to the municipality at least seven (7) calendar days prior to the event or celebration. Applications received after this time shall be subject to a late fee as set forth in the adopted development services fee schedule.
(C) 
A valid permit issued in accordance with this chapter must be posted in or on the temporary food establishment in an area which is in public view.
(2) 
Toilet facilities and waste disposal.
(A) 
Conveniently located toilet facilities shall be provided. The municipality may require written proof, by notarized letter or other means, that adequate restroom facilities will be provided for the use of employees of a temporary food establishment.
(B) 
Adequate, covered containers for refuse and garbage shall be provided.
(3) 
Concession stands.
The term temporary food establishment shall not include concession stands, which operate at a fixed location in conjunction with scheduled, community-based sporting or recreational events associated with an independent school district, university, community college, nonprofit organization, privately owned school, or the municipality provided that the preparation and serving of potentially hazardous foods shall be restricted to only those pre-cooked, pre-packaged potentially hazardous food products and are properly stored, handled, and served in the unopened, original package from said concession stands. In such instances where open potentially hazardous foods are prepared on site from a concession stand, these will require a temporary food establishment permit as outlined in subsection (1) of this section.
(Ordinance O-21-031 adopted 11/4/21)
(a) 
General.
This section establishes regulations for operating various mobile food establishments within the city. Mobile food establishments shall only operate in accordance with the Texas Food Establishment Rules and the requirements outlined herein.
(b) 
Permit.
(1) 
Any person desiring to obtain a mobile food establishment permit must make written application for the permit on a form provided by the municipality. Operation of a mobile food service establishment without a valid permit is prohibited.
(A) 
The following items shall be included with the completed application:
(i) 
Required permit fee as set forth in the adopted development services fee schedule;
(ii) 
Complete menu of the food and beverage items to be prepared and/or served;
(iii) 
Copy of the required certified food manager certificate; and
(iv) 
Complete list of equipment and fixtures located on the mobile food establishment.
(2) 
A valid permit issued in accordance with this chapter must be posted in or on the mobile food establishment in an area which is in public view. Permits are not transferable from one person to another or from one location to another. The owner or operator of the mobile food establishment must inform the municipality of any change in location of the establishment.
(3) 
All mobile food establishments shall meet the requirements outlined for solicitors, peddlers, and itinerant vendors and shall be in accordance with chapter 16 - occupational licenses and business regulations.
(c) 
Readily moveable.
All mobile food establishments located on a food truck site shall be readily moveable. Tables, chairs, booths, counters, canopies, or awnings that are not attached to and solely supported by the mobile unit shall not be placed around the mobile food establishment, except that any of these items provided by others and primarily used for other purposes and only incidentally or coincidentally used by the mobile unit shall not be a violation of this subsection. A mobile food establishment must demonstrate mobility at any reasonable time if requested by the municipality.
(d) 
Compliance with local building and fire codes.
All mobile food establishments must be in compliance with the building and fire codes as adopted by the city. In addition to the requirements of the adopted building and fire codes, all mobile food establishments shall comply with the requirements set forth in the mobile food vending unit checklist provided by the office of the city’s fire marshal.
(e) 
Authorized Locations.
All mobile food establishments must be in compliance with appendix A - zoning of this code.
(1) 
No person may serve food to the public from a mobile kitchen except at the following locations:
(A) 
At a food truck site on property developed with a non-residential use and located in the following zoning districts:
(i) 
B-1: Local Business Mixed District;
(ii) 
B-2: Commercial Research and Technology District;
(iii) 
B-3: Historical and Central Business District;
(iv) 
B-4: Neighborhood Business District;
(B) 
At a food truck park in accordance with section appendix A, part 2, division 1, section 18 - food truck parks.
(C) 
At a city park or facility upon approval of the director of public works or designee and in conjunction with a facility rental for no more than two (2) hours. Mobile kitchens located in city parks or facilities shall be self-contained and shall not be in operation when concessions are in service.
(2) 
Mobile food establishments and their customers shall not sell or consume food within any public street, public alley, driveway.
(f) 
Letters of permission.
(1) 
A food truck site must be located on private property on which is located a permanent structure in which a business is operating in accordance with a certificate of occupancy. The operator of the food truck site must obtain and maintain written consent from the property owner or property manager and provide written proof thereof upon demand of the city.
(2) 
Access to restrooms available for use by operators, employees, and customers of a food truck site shall be provided no farther than 500 feet from the location of the mobile food establishment. The operator of the mobile food establishment must have a letter of permission from the owner of the property upon which sales are to take place for use of restroom facilities currently existing on the property. The use of a portable toilet facility is prohibited.
(g) 
Utility connections prohibited.
Utility connections, if any, shall be limited to quick-connect electrical services and shall be in full compliance with the electrical code as adopted by the municipality. Utility connections for water, sewage, and gas must be approved in writing by the municipality and shall be in accordance with the plumbing code as adopted by the municipality.
(h) 
Garbage receptacles.
Unless provided by the operator of a food truck park, a mobile food establishment operator shall provide solid waste containers for customers to dispose of trash and food waste when the mobile food establishment is parked and food is being sold and served. All such solid waste containers and the solid waste collected therein shall be removed from the site by the mobile food establishment operator when leaving the site; provided, however:
(1) 
If the operator of a food truck park is responsible for the disposal of waste generated from operation of the site and place in solid waste receptacle provided by said operator, the mobile food establishment operator shall be responsible for ensuring that all solid waste generated from the vendor’s operations is placed in the provided receptacles before departing; or
(2) 
If there is a solid waste dumpster located on the food truck site or food truck park that is available for disposal of solid waste generated by the operation of a mobile food establishment, the mobile food establishment operator may dispose of the solid waste in said dumpster before departing the site.
(i) 
Signage.
Signs advertising a mobile food establishment and/or the menu of food and beverages sold from the food truck shall be limited to:
(1) 
Signs permanently attached to the mobile food establishment; and
(2) 
One menu board sign with a sign face area of not greater than eight square feet, placed adjacent to the mobile food establishment on private property.
(j) 
Food source documentation.
Satisfactory proof or documentation detailing the origin or source of all foods being held, stored, sold, or prepared must be stored on the premises at all times.
(k) 
Compliance with food establishment requirements.
All mobile food establishments, including snow-cone stands, that prepare food on the vehicle shall comply with all requirements of a food establishment including interior design, handwashing, ware washing, and service sinks, cleaning operations, hot water, and pest control.
(l) 
Certified food manager.
A certified food manager shall be on-site at all times during operation if potentially hazardous food is prepared in the mobile food establishment.
(m) 
Suitable vehicle.
Mobile food establishments shall have current vehicular registration and shall be in a suitable operating condition for transit at all times.
(n) 
Food service and sale.
Mobile food establishment operators shall only engage in the sale and service of food and beverages. The sale of other products or services from a mobile food establishment is prohibited, including but not limited to, tobacco products, alcoholic beverages, sexually explicit and/or drug related paraphernalia, obscene material, real estate and vacation packages, marketing and advertising activities, sales of tickets for events, any non-food vending, and other services or products not approved by the municipality prior to issuance of the permit.
(Ordinance O-21-031 adopted 11/4/21)
(a) 
Penalties.
Any person or entity who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished pursuant to the general penalty provisions in section 1-5 of the City of Brenham Code of Ordinances. In addition, thereto, such persons may be enjoined from continuing such violations.
(b) 
Fees.
All fees including, but not limited to permit fees and follow-up inspection fees, shall be set by resolution of the city council, and kept on file by the authorized representative of the municipality.
(Ordinance O-21-031 adopted 11/4/21)