The following shall be regulated in accordance with applicable state law and current regulations as provided in the Texas Administrative Code:
(1) 
Definitions;
(2) 
Inspections of food service establishments;
(3) 
Issuance, suspension and revocation of permits to operate food service establishments;
(4) 
Prohibiting the sale of unsound or mislabeled food or drink;
(5) 
Enforcement of this article.
(1992 Code, sec. 6.301; 2006 Code, sec. 6.301; Ordinance adopting 2021 Code)
An inspection of a food service establishment shall be performed at least once every four (4) months. Additional inspections of the food service establishment shall be performed as often as the regulatory authority deems necessary for the enforcement of this article.
(1992 Code, sec. 6.310; 2006 Code, sec. 6.310)
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. The representatives shall be permitted to examine the records of the establishment to obtain information pertaining to food and supplies purchased, received, or used.
(1992 Code, sec. 6.311; 2006 Code, sec. 6.311)
Whenever an inspection of a food service establishment or commissary is made, the findings shall be recorded on the inspection report form set out in the Texas Food Establishment Rules. 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 one hundred (100). A copy of the completed 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.
(1992 Code, sec. 6.312; 2006 Code, sec. 6.312; Ordinance adopting 2021 Code)
(a) 
The completed inspection report form shall specify a reasonable period of time for the correction of the violations found. Correction of the violations must be accomplished within the period specified, in accordance with the following provisions:
(1) 
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 regulatory authority.
(2) 
All violations of four (4) or five (5) point weighted items shall be corrected as soon as possible, but in any event within ten (10) days following inspection. Within fifteen (15) days after the inspection, the holder of the permit, license, or certificate shall submit a written report to the regulatory authority stating that the four (4) or five (5) point weighted violations have been corrected. A follow-up inspection shall be conducted to confirm correction.
(3) 
All one (1) or two (2) point weighted items shall be corrected as soon as possible, but in any event by the time of the next routine inspection.
(4) 
When the rating score of the establishment is less than sixty (60), the establishment shall initiate corrective action on all identified violations within forty-eight (48) hours. One or more reinspections will be conducted at reasonable time intervals to assure correction.
(5) 
In the case of temporary food service establishments, all violations shall be corrected within twenty-four (24) hours. If violations are not corrected within twenty-four (24) hours, the establishment shall immediately cease food service operations until authorized to resume by the regulatory authority.
(b) 
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 hearing on the inspection findings or the time limitations or both will be provided if a written request is filed with the regulatory authority within ten (10) days following cessation of operations. If a request for hearing is received, a hearing shall be held within twenty (20) days of receipt of the request.
(c) 
Whenever a food service establishment is required under the provisions of this section to cease operations, it shall not resume operations until it is shown on reinspection that conditions responsible for the order to cease operations no longer exist. Opportunity for reinspection shall be offered within a reasonable time.
(1992 Code, sec. 6.313; 2006 Code, sec. 6.313)
The inspection report form prescribed by the Texas Food Establishment Rules shall be used for all inspection reports.
(1992 Code, sec. 6.314; 2006 Code, sec. 6.314; Ordinance adopting 2021 Code)
Food may be examined or sampled by the regulatory authority as often as necessary for enforcement of this article. The regulatory authority 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 it believes is in violation of the department of state health services’ Texas Food Establishment Rules. The regulatory authority 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 regulatory authority 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 (10) days and that if no hearing is requested the food shall be destroyed. If a request is received, the hearing shall be held within twenty (20) days after receipt of the request. 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.
(1992 Code, sec. 6.315; 2006 Code, sec. 6.315; Ordinance adopting 2021 Code)
(a) 
Submission and review 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 regulatory authority 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 regulatory authority shall approve the plans and specifications if they meet the requirements of this article. No food service establishment shall be constructed, extensively remodeled, or converted except in accordance with plans and specifications approved by the regulatory authority.
(b) 
Pre-operational inspection.
Whenever plans and specifications are required by this section to be submitted to the regulatory authority, 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.
(1992 Code, sec. 6.316; 2006 Code, sec. 6.316)
When the regulatory authority has reasonable cause to suspect possible disease transmission by an employee of a food service establishment, it may secure a morbidity history of the suspected employee or make any other investigation as 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 employment in 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.
(4) 
Adequate medical and laboratory examination of the employee and of other employees and of his/her and their body discharges.
(1992 Code, sec. 6.317; 2006 Code, sec. 6.317)
Within 120 days of the effective date of this section (Ordinance adopted October 9, 2006), a food service establishment shall employ at least one person who is a full-time, on-site supervisory employee of that food service establishment, responsible for food preparation and service, who has successfully completed the food service worker’s accreditation and training program of the department of state health services and who has a valid and current food service manager certification by a state-approved certification course.
(1) 
A food service establishment is in compliance with the provisions of this section if there is one full-time registered food service “person in charge” on duty during all times of operation.
(2) 
Food service establishments that serve, sell, or distribute only prepackaged foods and nonpotentially hazardous beverages and temporary food establishments are exempt from the provisions of this section.
(3) 
Compliance may be required of establishments having exemptions if they have repeated or serious or critical food code violations or if the establishment is judged by the health authority to be capable of causing food-borne illness.
(4) 
The health authority may require additional certified operators in sufficient number to insure that all areas of food preparation and service, during times of operation, are under the direction of certified supervisory personnel. It shall be unlawful for any person, under these conditions, owning, operating or managing a food service establishment to allow said establishment to be operated with less than the required number of certified supervisory personnel.
(Ordinance 433 adopted 10/9/06; 2006 Code, sec. 6.318)
No person shall operate a food service establishment who does not have a valid permit, license, or certificate issued to him/her by the regulatory authority. Only a person who complies with the requirements of this article shall be entitled to receive or retain such a permit, license, or certificate. Permits, licenses, or certificates are not transferable. A valid permit, license, or certificate shall be posted in a conspicuous place in every food service establishment.
(1992 Code, sec. 6.303; 2006 Code, sec. 6.303)
(a) 
Any person desiring to operate a food service establishment shall make written application for a permit, license, or certificate on forms provided by the regulatory authority. 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.
(b) 
A permit, license or certificate application shall be accompanied by a fee as provided for in the fee schedule found in appendix A of this code.
(c) 
Prior to approval of an application for a permit, license, or certificate, the regulatory authority shall inspect the proposed food service establishment to determine compliance with the requirements of this article.
(d) 
The regulatory authority shall issue a permit, license, or certificate to the applicant if its inspection reveals that the proposed food service establishment complies with the requirements of this article.
(1992 Code, sec. 6.304; 2006 Code, sec. 6.304)
(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, 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 this article, 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 (b) below. When a permit, license, or certificate is suspended, food service operations must cease immediately. Whenever a permit, license, or certificate is suspended, the holder of the permit, license, or certificate shall be afforded an opportunity for hearing within twenty (20) days of receipt of a request for hearing.
(b) 
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 hearing will be provided if a written request for hearing is filed with the regulatory authority by the holder of the permit, license or certificate within ten (10) days. If no written request for hearing is filed within ten (10) days, the suspension is sustained. The regulatory authority may end the suspension at any time if reasons for suspension no longer exist.
(1992 Code, sec. 6.305; 2006 Code, sec. 6.305)
(a) 
The regulatory authority may, after providing opportunity for hearing, 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.
(b) 
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 the permit, license, or certificate shall be revoked 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, license, or certificate within such ten (10) day period. If no request for hearing is filed within the ten (10) day period, the revocation of the permit, license, or certificate becomes final.
(1992 Code, sec. 6.306; 2006 Code, sec. 6.306)
A notice provided for in this article 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 regulatory authority.
(1992 Code, sec. 6.307; 2006 Code, sec. 6.307)
The hearings provided for in this article shall be conducted by the regulatory authority at a time and place designated by it. Any oral testimony given at a hearing shall be reported verbatim, and the presiding officer shall make provision for sufficient copies of the transcript. The regulatory authority shall make a final finding based upon the complete hearing record 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 regulatory authority.
(1992 Code, sec. 6.308; 2006 Code, sec. 6.308)
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.
(1992 Code, sec. 6.309; 2006 Code, sec. 6.309)