These sections of this article shall be enforced by the health inspector, or his/her designated representative, in accordance with the interpretations thereof, and provided further, that where the provisions of the laws of the state are in conflict with such compliance provisions, the state law shall govern and shall control the interpretation given any of the provisions of this article. This article is intended for further the public’s health, safety, and welfare.
(Ordinance 2019-04 adopted 2/12/19)
(a) 
The city adopts by reference the provisions of the current rules or rules as amended by the executive commissioner of the health and human services commission found in title 25 Texas Administrative Code, chapter 228, regarding the regulation of food establishments in this jurisdiction.
(b) 
Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Authorized agent or employee.
The employees of the regulatory authority.
Food establishment.
Food service establishment, a retail food store, a temporary food establishment.
Municipality.
In this article shall be understood to refer to the City of San Juan.
Regulatory authority.
The City of San Juan health division.
State rules.
The state rules found in title 25 Texas Administrative Code, chapter 228. These rules are also known as the Texas Food Establishment Rules.
(Ordinance 2019-04 adopted 2/12/19)
(a) 
A person may not operate any food establishment without a permit issued by the regulatory authority. Permits are not transferable from one location to another location, except as otherwise permitted by this article. A valid permit must be posted in or on every food establishment regulated by this article.
(b) 
A food establishment operated solely by a nonprofit organization is exempt from the permitting requirements of this article, but is not exempt from compliance with the state rules. The regulatory authority may require any information necessary to determine whether an organization is nonprofit for purpose of this exemption.
(Ordinance 2019-04 adopted 2/12/19)
(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 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 will be denied a permit or the renewal of a permit.
(c) 
The following fee schedule applies to permits issued under this article:
(1) 
Temporary permit, not to exceed 14 days: $25.00.
(2) 
Establishments employing ten (10) employees or less: $100.00.
(3) 
Establishments employing eleven to twenty employees: $125.00.
(4) 
Establishments employing twenty-one or more employees: $150.00.
(5) 
Follow up inspection fee: $25.00.
(Ordinance 2019-04 adopted 2/12/19)
(a) 
Inspection frequency.
An inspection of a food or retail food service establishment shall be performed at least once every six (6) months. Additional inspection of food or retail food service establishment shall be performed as often as necessary for the enforcement of these rules.
(b) 
Access.
The city health inspector, after proper identification, shall be permitted to enter any food service or retail food establishment at any reasonable time, for the purpose of making inspections to determine compliance with these rules. The health inspector shall be permitted to examine the records of the establishments to obtain information pertaining to food and supplies purchased, received, or uses, or to persons employed.
(Ordinance 2019-04 adopted 2/12/19)
(a) 
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, construction of material of work areas, the type and model of proposed fixed equipment and facilities. The plans and specifications must be followed in construction, remodeling or conversion.
(b) 
Failure to follow the approved plans and specifications will result in a permit denial, suspension, or revocation.
(Ordinance 2019-04 adopted 2/12/19)
(a) 
The regulatory authority may, without warning, notice, or hearing suspend any permit to operate a food establishment if the operation of the food establishment constitutes an imminent hazard to public health. Suspension is effective upon service of the notice required by subsection (b) of this section. When a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing within 20 days of receipt of a request for a hearing.
(b) 
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 that an opportunity for a hearing will be provided if a written request for hearing is filed within ten days. If no written request for hearing is filed within ten days, the suspension is sustained. The regulatory authority may end the suspension at any time if reasons for suspension no longer exist.
(Ordinance 2019-04 adopted 2/12/19)
(a) 
The regulatory authority may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for the interference with the regulatory authority in the performance of its duties. Prior to revocation, the regulatory authority shall notify the holder of the permit or the person in charge, in writing, of the reasons for which the permit is subject to revocation and that the permits shall be revoked at the end of ten days following service of such notice unless a written request for a hearing is filed with the regulatory authority by the holder of the permit within such ten-day period.
(b) 
If no request for hearing is filed within the ten-day period, the revocation of the permit becomes final.
(Ordinance 2019-04 adopted 2/12/19)
(a) 
A notice as required in these rules is properly served when it is delivered to the holder of the permit of 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 notices shall be filed in the records of the regulatory authority.
(b) 
The hearings provided for in these rules shall be conducted by the regulatory authority at a time and place designated by it. Based upon the recorded evidence of such hearing, the regulatory authority shall make final findings, 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 by the regulatory authority.
(Ordinance 2019-04 adopted 2/12/19)