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 chapter. All permits expire on December 31 each year. A valid permit must be posted in or on every food establishment regulated by this chapter.
(Ordinance 301-89-07-25, passed 7-25-89; Am. Ordinance 733-04-01-13, passed 1-13-04; Ordinance 1127-12-12-11, passed 12-11-12)
(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 may be denied a permit or the renewal of a permit. The establishment shall remain closed until the corrections are made to bring the establishment into compliance.
(Ordinance 301-89-07-25, passed 7-25-89; Am. Ordinance 733-04-01-13, passed 1-13-04; Ordinance 1127-12-12-11, passed 12-11-12)
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% 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 chapter. The approved plans and specifications must be followed in construction, remodeling or conversion.
(Ordinance 301-89-07-25, passed 7-25-89; Am. Ordinance 733-04-01-13, passed 1-13-04; Ordinance 1127-12-12-11, passed 12-11-12)
It shall hereafter be unlawful for any person operating any food establishment, to work or employ a food handler until such food handler is in possession of a food handler’s certificate that is valid during the time of such employment.
(1) 
Recognition of certificates.
The regulatory authority shall recognize certificates from food handlers who attend a state sanctioned food handler’s class offered online or at various sites in the county.
(2) 
Education and examination of applicant.
No food handler’s certificate shall be recognized by the regulatory authority for any person required by law or by this article to have or exhibit such certificate until the applicant shall have met the following requirements:
(a) 
Complete a state approved class in basic food sanitation. The primary emphasis of this class will be directed toward the food workers’ sanitation practices and behavior when working in a food establishment. It will be the responsibility of the person in charge of the food establishment to ensure that safe food practices are in use at all times.
(3) 
Manager and supervisory personnel.
Managers, assistant managers, and shift supervisors who have completed the certified food protection manager certification program must post their certification from the state with the employee’s certifications.
(Ordinance 301-89-07-25, passed 7-25-89; Am. Ordinance 733-04-01-13, passed 1-13-04; Ordinance 1127-12-12-11, passed 12-11-12; Ordinance 1250-16-03-22, § 2, passed 3-22-16)
Editor’s note–Former § 110.24 pertaining to suspension of a permit was omitted by Ord. 1127-12-12-11, passed 12-11-12. Previously this section derived from the following: Ord. 301-89-07-25, passed 7-25-89 and Ord. 733-04-01-13, passed 1-13-04.
Editor’s note–Former § 110.25 pertaining to revocation of a permit was omitted by Ord. 1127-12-12-11, passed 12-11-12. Previously this section derived from the following: Ord. 301-89-07-25, passed 7-25-89 and Ord. 733-04-01-13, passed 1-13-04.
(A) 
Food establishments shall be inspected a determined number of times during a calendar year according to risk factors set by the department of state health services. High-risk establishments, that prepare and serve potentially hazardous food and/or serve a highly susceptible population, shall be inspected a minimum of four (4) times a calendar year. Establishments that serve only prepackaged, non-potentially hazardous foods shall be inspected a minimum of two (2) times a calendar year.
(B) 
Additional inspections of food establishments shall be performed as deemed necessary to protect against public health hazards or nuisances. Additional fees are charged to the establishment for these visits. Visits associated with unsubstantiated complaints received by this office will not require an additional fee.
(C) 
Following are guidelines for enforcement of these rules in an establishment that earns more than thirty (30) demerits on multiple inspections during a twelve (12) month period:
(1) 
First failure.
“UNSATISFACTORY” placard shall be posted on front door or window and shall not be covered from sight, defiled, or removed until an inspection is performed earning thirty (30) or fewer demerits. The follow-up inspection will occur within two (2) working days of the failed inspection.
(2) 
Second failure within twelve (12) months of first failure.
“UNSATISFACTORY” placard shall remain/be posted on front door or window and shall not be covered from sight, defiled, or removed until an inspection is performed earning thirty (30) or fewer demerits. The permit shall be suspended and the operations of the establishment shall cease immediately. The establishment shall remained closed for a minimum of 48 hours and fulfill the following requirements before reopening:
(a) 
The management of the establishment must meet with and submit a written plan of action to the health official or his appointee. The plan of action shall address critical violations of the previously failed inspections.
(b) 
A reinstatement fee of $100.00 will be paid to the city located at 201-B E. Pecan Street, Pflugerville, Texas 78660.
(c) 
A follow-up inspection will be conducted within one working day of fulfillment of the requirements listed under subsections (1) and (2) above.
(d) 
The establishment shall be placed on a thirty (30) day inspection schedule until two (2) consecutive inspections result in a score of thirty (30) or fewer demerits.
(3) 
Third failure within twelve (12) months of first failure.
“UNSATISFACTORY” placard shall remain/be posted on front door or window and shall not be covered from sight, defiled, or removed. The person in charge shall be notified in writing of the intent of the regulatory authority to permanently revoke their permit.
(Ordinance 301-89-07-25, passed 7-25-89; Am. Ordinance 733-04-01-13, passed 1-13-04; Ordinance 1127-12-12-11, passed 12-11-12)
The city council shall establish by resolution a fee schedule to be paid in connection with this chapter. The schedule of fees shall be posted in the office of the city secretary and may be amended only by action of the city council.
(Ordinance 301-89-07-25, passed 7-25-89; Am. Ordinance 369-92-10-27, passed 10-27-92; Ordinance 733-04-01-13, passed 1-13-04; Ordinance 1127-12-12-11, passed 12-11-12)