The town adopts by reference the provisions of the current rules or rules as amended by the department of state health services, bureau of food and drug safety, retail foods division, Texas Food Establishment Rules, 25 Texas Administrative Code. A certified copy of the rules shall be filed and maintained in the office of the town secretary, and the same are hereby adopted and incorporated herein as if the same were copied in their entirety, and the provisions thereof shall be controlling within the town.
(Ordinance 421-07, sec. 2, adopted 4/17/07; 2004 Code, sec. 6.501; Ordinance 725-22 adopted 5/17/22)
The following words and terms, when used in this article, shall have the following meanings, unless the context clearly indicates otherwise:
Commissary.
A catering establishment, restaurant or any other place in which food, food containers, or food supplies are kept, handled, prepared, packaged or stored. Commissary shall not mean a residential kitchen, but constitutes a commercial food service operation that is operated and maintained pursuant to state rules and regulations.
Extensive remodeling.
When 20% or greater area of a food establishment is being remodeled, which necessities a permit being obtained prior to performing any remodeling.
Follow-up inspection.
Any inspection, other than a routine inspection or full follow-up reinspection, conducted of a permitted food establishment, after notice has been given to the establishment to correct a violation, to document that the violation has been corrected.
Food.
Raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption.
Food-borne illness.
Diseases, usually either infectious or toxic in nature, caused by agents that enter the body through the ingestion of food.
Food establishment.
A restaurant, cafe, hotel dining room, grocery store, meat market, soft drink stand, hamburger stand, ice cream wagon, day care center, or any place where food or drink for human consumption is offered for sale, given in exchange or given away. It includes temporary food establishments and mobile units. The term does not include the following operations and establishments, provided that the operations do not expose the public to a substantial and imminent health hazard as determined by the town health officer:
(1) 
An organization that serves only its own membership and immediate guests or other structured groups of persons who gather occasionally for fellowship and society that provide the food from amongst their membership;
(2) 
An establishment which handles only fresh unprocessed fruits, nuts and vegetables and which operates from a unit that is mobile in nature; or
(3) 
The sale, distribution or service of food at an event, party or other special gathering that is not open to persons other than the members or invited guests of the sponsor, provided that there is no public advertisement of the event, public solicitation of funds at or for the event, or participation by the general public in the event.
Food establishment permit or permit.
The permit issued to a food establishment to operate within the town.
Food protection manager.
A person who has shown proficiency of required information through passing a test that is part of a food protection management program accredited by the department of state health services and has responded correctly to questions as they relate to specific food operations.
Full follow-up reinspection.
A complete inspection of a permitted food establishment which is required to be conducted within seventy-two (72) hours of a full routine inspection which resulted in a rating where the cumulative demerit value of the establishment exceeded 30 demerits, to ensure that all noted violations have been corrected.
Law.
Federal, state and local statutes, ordinances and regulations.
Mobile unit.
A vehicle-mounted food establishment or a food establishment pulled behind a vehicle so as to be readily movable.
Nonprofit organization.
A civic or fraternal organization, charity, lodge, association, proprietorship, or corporation possessing an Internal Revenue Code section 501(c)3 exemption; or religious organizations meeting the definition of “church” under the Internal Revenue Code section 170b.1.a.(I).
Packaged.
Bottled, canned, cartoned or securely wrapped.
Person.
Any individual, partnership, corporation, association or other legal entity.
Person in charge.
The person present in a food establishment who is the apparent supervisor of the food establishment at the time of inspection. If no person is the apparent supervisor, then any employee present is the person in charge.
Priority violation.
Priority violation items as defined on the food service establishment inspection report distributed by the department of state health services with a demerit weight of three (3) points and requiring immediate attention.
Regulatory authority.
The State of Texas and/or the Town of Bartonville.
Routine inspection.
An unannounced inspection conducted of a permitted food establishment to determine the compliance of the establishment with the provisions of this article.
Rules.
The department of state health services, bureau of food and drug safety, retail foods division, Texas Food Establishment Rules, 25 Texas Administrative Code sections 229.161–229.171 and 229.173–229.175, as amended.
Snow cone.
Snow cone and/or a snow cone type product, defined as crushed or shaved ice served in a single-use container and topped with flavored syrups.
Supervisory personnel.
The certificate holder, individual having supervisory or management duties and any other person working in a food establishment who may be in charge of its operation.
Temporary food establishment.
A food establishment that operates at a fixed location for a period of time of not more than fourteen (14) consecutive days in conjunction with a single event or celebration.
Time/Temperature Controlled for Safety (TCS) food (TCS).
A food that requires time/temperature controlled for safety to limit pathogenic microorganism growth or toxin formation. An animal food that is raw or heat-treated. A plant food that is heat-treated or consists of raw seed sprouts, cut melons, cut leafy greens, cut tomatoes or mixture of cut tomatoes that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation, or garlic-in-oil mixtures that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation.
Town health officer/inspector.
The person(s) employed by or with whom the town has a contract to provide inspection and other services necessary for the administration and enforcement of the rules and codes regulating food establishments and the service and sale of food within the town.
(Ordinance 421-07, sec. 2, adopted 4/17/07; 2004 Code, sec. 6.502; Ordinance 725-22 adopted 5/17/22)
Any person violating any of the provisions of this article shall be deemed guilty of a class C misdemeanor upon conviction and shall be fined, except as otherwise provided herein, in a sum not to exceed two thousand dollars ($2,000.00) for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. If the governing body of the town determines that a violation of this article creates a threat to the public safety, the town may bring suit in the district court to enjoin such violation as allowed by law.
(Ordinance 421-07, sec. 2, adopted 4/17/07; 2004 Code, sec. 6.514)
The town health officer is responsible for the enforcement of the rules and the provisions of this article.
(Ordinance 421-07, sec. 2, adopted 4/17/07; 2004 Code, sec. 6.503)
(a) 
No person shall operate a food service establishment who does not have a valid permit, issued to him by the regulatory authority. Only a person who complies with the requirements of these rules shall be entitled to receive or retain a permit. A valid permit shall be posted and visible to the public in every food service establishment. Permits are not transferable from one person to another or from one location to another except as otherwise permitted by this article.
(b) 
A food establishment operated solely by a nonprofit or public organization is exempt from the permitting requirements of this article, but is not exempt from compliance with state rules or inspections. The town may require any information necessary to determine whether an organization is nonprofit or public for purpose of this exemption.
(Ordinance 421-07, sec. 2, adopted 4/17/07; 2004 Code, sec. 6.504)
(a) 
Violations.
(1) 
A person commits an offense if the person sells, offers to sell, gives away, trades or otherwise conveys food to the public or operates a food establishment within the town without having first obtained a food establishment permit issued by the regulatory authority.
(2) 
A person commits an offense if the person operates a food establishment in violation of the rules or of this article.
(b) 
Issuance.
(1) 
A person desiring to operate a food establishment shall make written application for a permit on forms provided by the town. The application shall include:
(A) 
The applicant’s full name and street address and whether such applicant is an individual, firm, corporation or partnership. If the applicant is a partnership, the names of the partners, together with their addresses, shall be included;
(B) 
The location and type of proposed food establishment;
(C) 
The signature of the applicant or applicants, or agents;
(D) 
Copy of the valid driver’s license or other state identification card of the applicant or the applicant’s agent;
(E) 
Copy of a valid food protection manager’s certificate; and
(F) 
Such other information as the town health officer deems necessary.
(2) 
An application for a permit for a mobile unit, or temporary food establishment which operates from a fixed food facility, or commissary, located outside the town, shall include with the completed application a copy of the facility’s current valid state and/or local health permit.
(3) 
Prior to approval of an application for an existing, proposed or extensively remodeled food establishment, the town health officer shall review all available documentation for such establishment to insure that such facility complies with the rules and regulations of this article. An application for a permit shall be denied if any part of the application is improperly or erroneously completed, or if any part of the required documentation is not properly submitted. A person whose application is denied may appeal the denial in accordance with the provisions of section 6.02.008 of this article.
(4) 
If a single building or establishment contains multiple, separate, distinct food operations, regardless of whether one or all of the operations are owned or operated by one or more individuals or entities, a separate food establishment permit and payment of a separate permit fee shall be required for each operation.
(c) 
Permit fee and duration.
(1) 
Except as set forth in subsection (3) below, each food establishment operating within the corporate limits of the town shall pay the permit fee to the town as provided in the fee schedule in appendix A of this code.
(2) 
A permit shall remain in force for one year from the date of issuance unless suspended or revoked for cause as provided herein.
(3) 
No permit fee shall be charged to any food establishment owned and operated by a governmental agency, independent school district, institution of purely public charity, church and/or other nonprofit organization; however, such establishments shall be required to obtain a permit and comply with all other requirements of these rules and codes. Documentation of tax-exempt status of a nonprofit organization under federal or state law must be provided to the town at the time of application in order to be exempt from payment of the permit fee. An inspection fee may be assessed to such organizations to verify compliance with the Texas Food Establishment Rules.
(4) 
As a condition of the permit, the food establishment shall be responsible for payment of the inspection fees assessed in accordance with this article and for any examination fees required. A permit shall not be renewed unless the permit holder has paid all fees previously assessed.
(Ordinance 421-07, sec. 2, adopted 4/17/07; 2004 Code, sec. 6.505; Ordinance 725-22 adopted 5/17/22)
(a) 
Order of suspension.
The town health officer shall notify the permit holder, operator, or person in charge of the food establishment at the time of inspection, in writing, that the permit is, upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if the permit holder submits a written request for a hearing within five (5) days. The hearing shall be held in accordance with section 6.02.008 of this article. Notwithstanding the other provisions of this article, whenever the town finds unsanitary or other conditions in the operation of a food establishment which constitute a substantial hazard to the public health, a written notice may be issued to the permit holder, operator, or person in charge citing such condition, specifying the corrective action to be taken, and specifying the time period within which such action shall be taken. If necessary, the order may state that the permit is immediately suspended and all food operations are to be immediately discontinued. If a permit holder, operator, or person in charge has failed to correct a violation of this article after receiving two (2) written notices for the same violation, whether noted during a routine inspection or reinspection, the town health officer may suspend the food establishment permit. Suspension may be appealed in accordance with section 6.02.008 of this article.
(b) 
Sign.
If a permit is suspended, a sign stating “Closed by Order of the Town of Bartonville” shall be placed on the entrance to the food establishment in plain view of the public. A person commits an offense if the person removes, covers, alters, defaces, or otherwise makes or causes such sign to be unreadable.
(c) 
Reinstatement of suspended permit.
A person whose food establishment permit has been suspended may, at any time, make written application for a reinspection for the purpose of reinstating the permit. The application shall include a statement signed by the applicant, stating the conditions causing suspension of the permit have been corrected, and explaining how they have been corrected. The town health officer shall make a reinspection. If, upon reinspection, the establishment is found to be in compliance with the requirements of this article, the town health officer shall reinstate the permit upon payment of reinstatement fee as per the town’s schedule of fees.
(Ordinance 421-07, sec. 2, adopted 4/17/07; 2004 Code, sec. 6.506)
(a) 
Basis.
The town health officer may revoke a food establishment permit if the permit holder has received two (2) written notices for the same critical violation(s) or for repeated violations of any of the requirements of this article, or for interference with the town health officer in the performance of his or her duties. Prior to such action, the town shall notify the permit holder in writing, stating the reasons for which the permit is subject to revocation, and advising that the permit shall be permanently revoked at the end of five (5) days following service of such notice, unless the permit holder files a written request for an appeal with the town within such five-day period, which shall state the reasons the revocation is not authorized. A permit may be suspended pending its revocation or a hearing relative thereto.
(b) 
Appeals.
If requested, an appeal hearing shall be conducted by the town municipal court. Such hearing shall be an administrative hearing and shall be conducted within seven (7) business days of the date that the appeal is filed with the town. The municipal court judge shall make a finding and shall sustain, modify or rescind any official notice or order considered in the hearing. The court shall provide a written decision to the permit holder at the address furnished by the permit holder within seven (7) business days after the date of the hearing.
(Ordinance 421-07, sec. 2, adopted 4/17/07; 2004 Code, sec. 6.507)
(a) 
Frequency.
An inspection of a food establishment shall be performed at least once every six (6) months. Additional inspections of the food establishment shall be performed as often as necessary for the enforcement of the rules, this article and other applicable law.
(b) 
Fee.
An inspection fee shall be charged in accordance with the town’s fee schedule, as adopted by the town council, as amended from time to time.
(c) 
Right of entry.
As a condition of the food establishment permit, an employee or agent of the town, after presenting proper identification, shall be permitted to enter any permitted food establishment at any reasonable time, for the purpose of making inspections to determine compliance with the provisions of this article. The agent 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) 
Findings.
Whenever an inspection of a food establishment or commissary is made, the town health officer shall record the findings on an inspection report form. The inspection report form shall summarize the requirements of the rules and 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 full follow-up inspection shall be conducted if the inspection of the establishment results in at least thirty (30) demerits.
(e) 
Report.
A copy of the inspection report form shall be furnished to the person in charge of the food establishment at the conclusion of the inspection. The completed inspection report form is public information that shall be made available for public disclosure to any person who requests it in accordance with applicable law.
(f) 
Reinspection.
(1) 
Follow-up inspection.
If a follow-up inspection of a food establishment is required by the town to verify correction of a violation, a reinspection fee as specified in the town’s schedule of fees, as amended, shall be paid to the town. This fee shall be submitted to the town within seventy-two (72) hours of the reinspection.
(2) 
Multiple violations.
(A) 
If a routine inspection of a food establishment reveals serious, multiple violations in food safety or overall level of sanitation as identified in the inspection report, a full follow-up reinspection will be conducted of the establishment to verify correction of the existing condition.
(B) 
In this instance, a fee of 50% of the food establishment’s annual permit fee shall be submitted to the town along with a signed letter stating that each identified violation is corrected, and the method of correction, prior to the scheduled date of reinspection.
(g) 
Closure of establishment.
Failure to pay the required reinspection fee(s) or to timely remedy all violations shall result in the immediate suspension of the establishment’s permit, and the establishment shall be ordered to cease operation immediately. The food establishment shall remain closed until the violation(s) are corrected, all required fees are paid, and a reinspection is conducted to verify that the violations are corrected.
(h) 
Correction of violations.
(1) 
Correction periods.
The inspection report form shall specify a reasonable period of time 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:
(A) 
If an imminent health hazard exists such as complete lack of refrigeration or sewage backup into the food establishment, the establishment shall immediately cease food service operations. Operations shall not be resumed until all violations are corrected and operations are authorized by the town.
(B) 
All violations of three (3) point weighted items shall be corrected as soon as possible, but in any event, immediately, but not more than three (3) days following inspection, the holder of the permit, license, or certificate shall submit a written report to the regulatory authority stating that three (3) point violations have been corrected. A follow-up inspection shall be conducted to confirm correction.
(C) 
All two (2) point weighted items shall be corrected within ten (10) days following the inspection.
(D) 
All one (1) point weighted items shall be corrected as soon as possible, but in any event by the time of the next routine inspection, but not later than ninety (90) calendar days after the initial inspection.
(E) 
When the rating score of the establishment is less than seventy (70), 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.
(2) 
Request for hearing.
The inspection report shall state that failure to comply with any time limits specified for corrections may result in suspension or the cessation of food service operations. An opportunity for appeal from the inspection findings and time limitations will be provided if a written request for a hearing is filed with the town health officer within ten (10) days following suspension. If a request for a hearing is received, the town health officer shall hold a hearing within twenty (20) days of receipt of the request.
(3) 
Closure of establishment.
Whenever a food establishment is required under the provisions of this section to cease operations, it shall not resume operations until such time as a reinspection determines that conditions responsible for the requirement to cease operations no longer exists. Opportunity for reinspection shall be offered within a reasonable time given the applicable deadlines for correcting violations.
(Ordinance 421-07, sec. 2, adopted 4/17/07; 2004 Code, sec. 6.508; Ordinance 725-22 adopted 5/17/22)
(a) 
Examination of food; hold order.
The town health officer may examine or sample food as often as necessary for enforcement of the rules, this article and any other applicable law. The town health officer 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 any provision of the rules, this article and any other applicable law. The town health officer or other 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 town health officer 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.
(b) 
Hearing.
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. The municipal court judge shall hold an administrative hearing if so requested, and on the basis of evidence produced at that hearing, the hold order may be vacated, or the owner of 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.
(c) 
Procedure when infection is suspected.
When the town health officer has reasonable cause to suspect the possibility of disease transmission from any food establishment employee, he may secure morbidity history of the suspected employee or make any other investigation as may be indicated and shall take appropriate action. In this instance, the town health officer may require any or all of 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 town health officer, 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 the disease; and/or
(4) 
Adequate medical and laboratory examination of the employee, of other employees and of his/her and their body discharges, at the food establishment’s expense.
(Ordinance 421-07, sec. 2, adopted 4/17/07; 2004 Code, sec. 6.509)
(a) 
Requirements.
A person commits an offense if the person:
(1) 
Constructs a food establishment without submitting plans and specifications for such construction, remodeling, or conversion to the town health officer for review and approval before construction begins;
(2) 
Extensively remodels a food establishment without submitting plans and specifications for such remodeling to the town health officer for review and approval before remodeling; or
(3) 
Converts an existing structure to a food establishment without submitting properly prepared plans and specifications for the conversion to the town health officer for review and approval before conversion begins.
(b) 
Contents of plans.
The plans and specifications shall indicate the proposed layout of the facility, arrangement of all intended equipment, mechanical plans, types of construction materials and finish schedules for all areas, and the type and model of all proposed equipment to be installed. The town health officer shall review and approve the plans and specifications to determine if they meet the requirements of this article.
(c) 
Compliance with plans and construction codes.
No food establishment shall be constructed, extensively remodeled or converted except in accordance with plans and specifications approved by the town health officer. Food facility owners/operators, as well as all general contractors and subcontractors, shall ensure during plan review, construction, and operation that their facilities comply with all applicable town plumbing, mechanical, electrical, building, zoning, and fire prevention and protection codes.
(d) 
Issuance of building permit.
A building permit to begin construction shall not be issued until the town has reviewed and approved the plans and specifications for the proposed construction.
(e) 
Approved materials.
Only commercial-quality equipment, utensils, and materials that meet or exceed current accepted National Sanitation Foundation (NSF) standards, or their equivalent, will be approved for installation and use.
(f) 
Inspections.
The town health officer shall conduct one or more inspections of the food establishment prior to the start of operations to determine compliance with the approved plans and specifications, the requirements of this section, this article and any other applicable law.
(g) 
Closure of establishment.
If, upon inspection at any time, the food establishment facility is found to not be constructed in accordance with approved plans, and/or any fixed equipment has been added or removed without prior approval by the town, the town health officer shall order the establishment to cease operation immediately, and to replace or remove the equipment in question, before resuming operation.
(h) 
Fee.
A fee for plan review shall be assessed in accordance with the fee schedule set forth in appendix A of this code.
(Ordinance 421-07, sec. 2, adopted 4/17/07; 2004 Code, sec. 6.510)
(a) 
Required.
A person commits an offense if the person owns, manages or operates a food establishment and fails to employ at least one “person in charge” who is on-site during all hours of operation of that food establishment, who is responsible for food preparation, presentation, sales, and service and who has a valid food protection manager registration issued by the state.
(b) 
Additional managers.
(1) 
The town may require additional certified food protection managers in sufficient number to insure that all areas of food preparation, presentation, sales and service, during times of operation, are under the direction of certified supervisory personnel.
(2) 
A person commits an offense if the person owns, manages or operates a food establishment and permits said establishment to be operated with less than the required number of certified food protection managers.
(c) 
Replacement.
A person commits an offense if the person owns, manages or operates a food establishment and fails to:
(1) 
Provide the town written notice, within seven (7) days, of the effective date of termination or permanent transfer of the certified food protection manager.
(2) 
Employ another registered food protection manager within thirty (30) days of the effective date of termination or permanent transfer of the previous certified food protection manager.
(d) 
Additional training.
The town health officer may require a registered food protection manager to successfully complete additional training when:
(1) 
The employing food establishment has repeated or persistent violations of health code requirements and effective corrective action has not been instituted over a period of time as instructed by the town health officer; or
(2) 
The employing food establishment has been implicated by the regulatory authority as the source of a food-borne illness.
(e) 
Evidence of certification.
(1) 
During those times a food protection manager is on duty at a food establishment, the food protection manager must possess evidence of current valid certification.
(2) 
The food protection manager’s certificate shall be prominently posted in the permitted establishment.
(3) 
A food protection manager certificate is not transferable.
(f) 
Responsibilities.
A food protection manager shall be responsible for adequate instruction of the employees of the food establishment for which the food protection manager works to ensure and maintain safe food handling practices within the establishment.
(g) 
Exemptions.
(1) 
The town health officer may waive the requirements of this section for:
(A) 
Food establishments that serve, sell, or distribute only prepackaged foods, and/or open foods that are not potentially hazardous; and/or
(B) 
Temporary food establishments, special facilities and/or events.
(2) 
The town health officer may require the manager of a food establishment exempted under subsection (1) to comply with the food protection manager’s certification requirements if critical food safety violations are observed, or, in the judgment of the town health officer, the nature of the operation requires such certification.
(Ordinance 421-07, sec. 2, adopted 4/17/07; 2004 Code, sec. 6.511)
(a) 
Permit required.
A person commits an offense if the person:
(1) 
Operates a snow cone establishment out of a temporary building without a food establishment permit issued by the town; or
(2) 
Operates a snow cone establishment in violation of the requirements of section 6.02.006 of this article.
(b) 
Duration of permit.
Unless suspended or revoked under the provisions of this article, a permit for a snow cone establishment shall be valid for a period of six (6) months from the date of issuance. No permit shall be valid longer than six (6) months from the date of issuance.
(c) 
Revocation of permit.
A permit is subject to revocation in accordance with the procedures set forth in section 6.02.008 of this article, for violations of the provisions of this article. A revoked permit is subject to appeal in accordance with the provisions of section 6.02.008 or other applicable provisions of this article, the rules, or other local, state or federal law.
(d) 
Permit fee.
An applicant shall pay a permit fee at the time of application in accordance with section 6.02.006 of this article.
(e) 
Special requirements.
A person who operates a snow cone establishment shall:
(1) 
Prepare or offer for sale only snow cones, snow cone related foods, and commercially prepackaged non-TCS foods and TCS foods, and all products must come from an approved source, as defined by state law;
(2) 
Not serve or utilize non-TCS foods and TCS foods, toppings, or flavorings, as defined by the state food establishment rules; and
(3) 
Use only ice obtained in chipped, crushed, cubed, or blocked form and in single-service packaging, filled and sealed at the point of manufacture. The ice shall be held in these bags until dispensed in a way that protects it from contamination.
(f) 
Required equipment.
A snow cone establishment shall contain:
(1) 
A single-unit-type stainless steel three (3) compartment sink with attached drainboards. The sink compartments shall be large enough to accommodate the largest piece of equipment or utensil that must be used and cleaned in the facility;
(2) 
A separate, dedicated hand-washing sink with hand-cleansing soap and sanitary, single-use towels. The sink shall be provided with hot and cold water, immediately available on demand; and
(3) 
Service and delivery openings designed and functioned properly to prevent the entrance of flying insects. Service openings shall be closed, or screened, except during actual service of food to a consumer.
(g) 
Water supply.
The water supply for a snow cone establishment shall comply with the following requirements:
(1) 
All equipment used for a potable water supply system shall be listed for such use by an organization acceptable to the town and shall be installed and operated according to law.
(2) 
All potable water not provided directly by pipe to the establishment from an approved source shall be transported in a bulk water transport system or individual containers and shall be delivered by direct connection to a self-contained water system, or be delivered to a self-contained water system by direct hose attachment from an approved water source.
(3) 
All potable water containers or hoses shall be used only for water supply purposes.
(4) 
A self-contained water system of sufficient capacity to furnish an adequate quantity of potable water for cleaning and hand-washing purposes shall be provided (minimum 15 gallons). If at any time the town determines that fifteen (15) gallons is not adequate to meet the needs of the operation, the capacity must be increased to a volume approved by the town.
(5) 
A water heater system capable of producing water of one hundred ten degrees Fahrenheit (110° F) or hotter, which is installed and interconnected with the potable water supply, shall be provided.
(6) 
The water system shall be capable of delivering a water supply under pressure of at least fifteen (15) pounds per square inch (psi) at all times. If such water pressure cannot be provided by gravity flow, then a tank and a pump or other means which will provide pressure of at least fifteen (15) pounds per square inch (psi) shall be installed.
(h) 
Liquid waste.
(1) 
If a snow cone establishment is not connected to the public sewage system, all liquid waste from the operation shall be held in an approved, permanently installed liquid waste retention tank, or portable removable waste retention tank.
(2) 
The liquid waste tank shall have a capacity at least fifty percent (50%) greater than the potable water tank.
(3) 
All waste lines shall be properly installed and connected to the liquid waste tank with watertight seals.
(4) 
All liquid waste from the holding tank shall be transported and disposed of in an approved manner. There shall be an approved liquid waste disposal facility conveniently located and accessible for use by the establishment employees at all times. If the facility is not located within the establishment, it must be located within a three hundred foot (300') radius of the snow cone establishment to be considered convenient.
(i) 
Employee restrooms.
(1) 
A snow cone establishment shall have adequate, conveniently located and accessible toilet and lavatory facilities available at all times, and these facilities must be constructed and maintained to meet the standards set forth for public restroom facilities.
(2) 
If toilet facilities meeting the requirements of subsection (1) are not located within the establishment, they must be located within a three hundred foot (300') radius of the establishment to be considered convenient.
(j) 
Use of facilities not located within snow cone establishment.
(1) 
If liquid waste disposal facilities and toilet and lavatory facilities are located off-site, a notarized letter from the owner of property within five hundred feet (500') of the site of the snow cone establishment must be submitted with the permit application giving permission for the snow cone establishment’s employees to use such facilities, and that the facilities will be properly maintained and available for use at all times during the business hours of the establishment.
(2) 
If suitable restroom facilities are no longer available for use by the snow cone establishment’s employees, the establishment shall cease operation immediately and remain closed until the town receives evidence of a notarized agreement with the authorized representative of another off-site facility.
(k) 
Trash container.
If outside seating is provided, an easily cleanable, covered trash container shall be provided on the outside of the establishment.
(Ordinance 421-07, sec. 2, adopted 4/17/07; 2004 Code, sec. 6.512; Ordinance 725-22 adopted 5/17/22)
(a) 
Permit.
(1) 
All mobile units originating from or serving food within the town must have a food establishment permit, which must be kept in the vehicle at all times. The permit must bear the name of the registered owner of the truck and truck license plate number.
(2) 
The permit is subject to revocation pursuant to section 6.02.008. If a permit is revoked, the permit holder has the right to appeal in accordance with the provisions of section 6.02.008 and other applicable provisions of this article.
(b) 
Special requirements.
The permit holder for a mobile unit shall:
(1) 
Protect food from contamination and keep the truck clean and free of rust and corrosion;
(2) 
Identify the trucks using the same name that is on the permit;
(3) 
Serve all condiments and spices, such as salt, pepper, sugar, catsup, mustard, mayonnaise, sauces, nondairy creamer, etc., in single-serving containers. No bulk dispensers, bottles or cans shall be permitted;
(4) 
Use all single-service tableware individually wrapped in plastic;
(5) 
Dispose of sewage, wastewater and solid waste according to law;
(6) 
Ensure that the wastewater tank outlet is lower than the inlet to the potable water supply; and
(7) 
Provide the town health officer a route plan upon request.
(c) 
Enforcement.
A person commits an offense if the person violates the provisions of this article or interferes with the town health officer in the exercise of his or her duties under this section. Notwithstanding any provisions contained herein to the contrary, the town health officer is hereby granted the authority to issue immediate citations to persons violating any provision of this article in the town health officer’s presence.
(d) 
Issuance of citation.
If the owner, manager, person in charge at the time of inspection, or other responsible party of a permitted food establishment is found to have violated any provisions of this section, a citation may be issued.
(Ordinance 421-07, sec. 2, adopted 4/17/07; 2004 Code, sec. 6.513)
(a) 
All farmers’ markets shall comply with the provisions of applicable town ordinances and regulations and applicable state laws and regulations related to farmers’ markets, including Texas Administrative Code, title 25, chapter 229, subchapter FF, as amended.
(b) 
Farmers’ markets are considered to be temporary food establishments under this article. All farmers’ markets shall obtain a permit in accordance with the terms of this article.
(Ordinance 658-19 adopted 5/21/19)