(a)
Adopted.
The Texas Food Establishment Rules, published
by the Texas Department of Health, Bureau of Food and Drug Safety,
Retail Foods Division, is hereby adopted by the city as the official
food establishment rules of the city, save and except the amendments,
modifications and deletions contained in this article. As the Texas
Food Establishment Rules are subsequently amended or modified, such
edition shall be incorporated herein by reference. A copy of the most
current edition of the Texas Food Establishment Rules, which shall
be maintained by the office of the city secretary as an original document
and ordinance of the city, is hereby incorporated as fully as if set
out at length herein, and from the effective date of the ordinance
from which this section derives, the provisions thereof shall be controlling
within the limits of the city.
(b)
Amendments and deletions of the state food establishment rules.
The state food establishment rules are amended and changed in
the following respects:[1]
[1]
Editor’s note–The State Food Establishment Rules Amendments are included as an attachment to this chapter.
(Ordinance 08-071 adopted 6/24/08)
In addition to the other penalties prescribed for a violation
of any portion or provision of this article, any persons violating
the same may be enjoined from continuing any such violation.
(1990 Code, sec. 4.302)
The city sanitarian or his or her duly authorized and acting
designee, in the enforcement of this article, upon probable cause
to believe this article has been violated, is authorized to issue
a citation to the person believed to have violated this article. The
citation shall specify the violation alleged and provide an opportunity
for the accused to promise to appear before the municipal court at
a specified date and time in lieu of the issuance of a summons or
warrant of arrest for the accused.
(1990 Code, sec. 4.312)
A fee as set forth in section A10.02.004 of the fee schedule in appendix A to this code may be charged for miscellaneous health inspections requested by groups or organizations that require an inspection from a registered sanitarian to satisfy a licensing, accreditation, or other state or federal requirement.
(Ordinance adopted 9/28/04, sec.
1)
It shall be unlawful for any person to operate a food establishment
within the city or its police jurisdiction without having first applied
for and received a permit to do so from the sanitarian of the city.
(1990 Code, sec. 4.303)
Each applicant for a permit to operate a food establishment
shall file with the city sanitarian a written application. The application
shall be furnished by the office of the city sanitarian.
(1990 Code, sec. 4.304)
Prior to the issuance of a permit under this division, the food
establishment to be operated under such permit shall be inspected
by the city sanitarian or his or her duly authorized and acting deputies.
(1990 Code, sec. 4.305)
(a)
The annual permit fee for food establishments shall be as provided for in section A10.02.034 of the fee schedule in appendix A to this code for each such establishment.
(b)
Food establishments, the net earnings of which are used in whole
for charity, church funds or public welfare, shall be exempt from
payment of the fee prescribed by this section, but shall be subject
to all other provisions of this article.
(1990 Code, sec. 4.306)
A permit applied for under this division shall be issued by
the city sanitarian, if it is found that the food establishment meets
the requirements of this article.
(1990 Code, sec. 4.307)
Each permit issued under this division shall be valid for a
period of twelve (12) months from the date of issuance, unless sooner
revoked.
(1990 Code, sec. 4.308)
A permit to operate a food establishment shall be posted in
a conspicuous place at the establishment and shall not be defaced,
removed or otherwise altered without written permission from the city
sanitarian.
(1990 Code, sec. 4.309)
A permit to operate a food establishment shall not be transferable.
(1990 Code, sec. 4.310)
Any permit to operate a food establishment may be revoked at
any time the city sanitarian or his or her duly authorized and acting
designee finds that the establishment is not being operated in compliance
with the provisions of this article or in an emergency when, in the
judgment of the city sanitarian or his or her duly authorized and
acting designee, the food establishment has become a public health
menace. It shall be the privilege of the city sanitarian to publish
the name and address of any food establishment, the permit of which
has been revoked together with the reason for revocation.
(1990 Code, sec. 4.311)
