The town adopts by reference the provisions of the food establishment
rules (hereinafter, the “food establishment rules”) set
forth in Title 25 of the Texas Administrative Code, Chapter 229, subchapter
K (“Texas Food Establishments”), §§229.161–229.171,
and §§229.173–229.175, as they exist on the effective
date of this article and as they may be hereafter amended. All food
establishments shall be operated in accordance with the requirements
specified in the food establishment rules. The town shall be a regulatory
authority as described in the food establishment rules. In the event
that any provision of this article may conflict with any provision
of the food establishment rules, the food establishment rules shall
prevail.
(Ordinance 11-06 adopted 7/18/11)
The definitions contained in the food establishment rules, as
they now exist and as they may later be amended, shall also apply
to this article. In addition, as used in this article, the following
terms shall have the respective meanings ascribed to them in this
section unless the context clearly indicates otherwise:
A critical item as defined on the Food Service Establishment
Inspection Report distributed by the department of state health services
with a demerit weight of four (4) or five (5) and requiring immediate
attention.
The remodeling or alteration of at least 20% of the floor
area of a food establishment.
An operation or element of an operation that stores, prepares,
packages, serves, vends, or otherwise provides food for human consumption
as defined and described in 25 Texas Administrative Code, §229.162.
The term food establishment shall not include civic, fraternal or
charitable organizations that sell, prepare, serve or provide food
for human consumption on an infrequent basis at events occurring not
more than four (4) times per year.
The rules pertaining to Texas Food Establishments, 25 Texas
Administrative Code §§229.161–229.171, and 229.173–229.175,
as amended.
A civic or fraternal organization, charity, lodge, association,
proprietorship, or corporation designated as non-profit under an Internal
Revenue Code §501(c)(3) exemption, or religious organizations
determined as exempt from ad valorem taxation by the Denton Central
Appraisal District.
Any individual, partnership, corporation, association or
other legal entity.
Has the meaning ascribed to that term in the food establishment
rules.
The town and its designated health official. The term regulatory
authority, as used in the food establishment rules, means the town
and its designated health official.
The Town of Double Oak, Texas, acting by and through the
mayor and/or the mayor’s designee.
The person(s) designated by the mayor to administer and enforce
the provisions of this article.
(Ordinance 11-06 adopted 7/18/11)
(a)
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 permit
issued by the town.
(b)
A food
establishment permit shall be posted and visible to the public in
every food establishment. Permits are not transferable from one person
to another or from one location to another except as otherwise permitted
by this article.
(Ordinance 11-06 adopted 7/18/11)
(a)
Applications
for food establishment permits shall be made on forms provided by
the town. The application shall include:
(1)
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;
(2)
The
location and type of proposed food establishment;
(3)
The
signature of the applicant or applicants, or agents;
(4)
A copy
of the valid driver’s license or other state identification
card of the applicant or the applicant’s agent;
(5)
A copy
of a valid food protection manager’s certificate; and
(6)
Such
other information as the town health official deems necessary.
(b)
An application
for a food establishment permit for a mobile food establishment or
a temporary food establishment shall include with the completed application
a copy of the facility’s current, valid state and/or local health
permit.
(c)
Prior
to approval of an application for a food establishment permit, the
town health official shall review all available documentation for
such establishment to insure that such facility complies with the
food establishment rules and 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.
(d)
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.
(e)
A food
establishment permit shall remain in force for one year from the date
of issuance unless suspended or revoked as provided herein. A permit
fee shall be imposed in accordance with the town’s fee schedule;
provided, however, that should the town employ an outside person or
organization to conduct inspections, the fee assessed to a food establishment
owned and/or operated by a governmental agency, independent school
district, institution of purely public charity, or a church and/or
other non-profit organization shall be the actual cost to the town
of the inspection without inclusion of administrative charges. Documentation
of tax-exempt status of a non-profit organization must be provided
to the town at the time of application in order to be exempt from
payment of the permit fee.
(Ordinance 11-06 adopted 7/18/11)
(a)
Frequency
of Inspections.
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 food establishment rules,
this article, or other applicable law. An inspection fee shall be
charged in accordance with the town’s fee schedule, as adopted
by the town and as amended from time to time.
(b)
Right
of Entry.
It shall be an offense for any person to fail
to grant or to refuse entry to a building, facility or any part thereof,
or to fail to produce books and records for inspection, by the town
and/or the town health official for the purposes of conducting any
inspection of a food establishment. Failure to grant entry shall be
cause for the suspension or revocation of a permit.
(c)
Inspections
and Reports.
(1)
Upon
inspection of a food establishment, the town health official shall
record the findings on an inspection report form. The inspection report
form 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 a rated score of less than seventy (70).
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.
(2)
If
a follow-up inspection of a food establishment is required by the
town to verify correction of a violation, a re-inspection fee as specified
in the town’s fee schedule shall be paid to the town within
seventy-two (72) hours of the re-inspection.
(3)
If
an 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 re-inspection will be conducted of the establishment
to verify correction of the existing condition. In such cases, 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 re-inspection.
(4)
Failure
to pay the required re-inspection fee(s) or to timely remedy any violations
shall result in the immediate suspension of the food 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 re-inspection
is conducted to verify that the violations are corrected.
(d)
Correction
of Violations.
Inspection reports 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:
(1)
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.
(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 such period, the holder of the permit shall submit
a written report to the town stating that the noted 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 not later than ninety (90) calendar
days after the inspection.
(4)
When
the rating score of the food establishment is less than seventy (70),
the establishment shall initiate corrective action on all identified
violations within forty-eight (48) hours. One or more re-inspections
will be conducted at reasonable time intervals to assure correction.
(e)
Closure.
Whenever a food establishment is required under the provisions
of this article to cease operations, it shall not resume operations
until such time as a re-inspection determines that the conditions
responsible for the requirement to cease operations no longer exist.
(Ordinance 11-06 adopted 7/18/11)
(a)
A permit
may be suspended for a violation of this article or the food establishment
rules. The town health official shall notify the permit holder, operator,
or person in charge of the food establishment that the permit is,
upon service of written 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 this article. Notwithstanding the
other provisions of this article, whenever the town finds unsanitary
or other conditions in the operation of a food establishment that
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.
(b)
If a permit
is suspended, a sign stating “Closed by Order of the Town of
Double Oak Health Official” shall be placed on the entrance
to the food establishment in plain view. A person commits an offense
if the person removes, covers, alters or defaces such sign or otherwise
makes or causes such sign to be unreadable.
(c)
A food
establishment permit holder may, at any time, make written application
for a re-inspection for the purpose of reinstating a suspended 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
official shall re-inspect the facility and if the establishment is
found to be in compliance with the requirements of this article, the
permit shall be reinstated upon payment of a reinstatement fee established
by the town’s fee schedule.
(Ordinance 11-06 adopted 7/18/11)
(a)
The town
health official may revoke a food establishment permit if the permit
holder has received two (2) written notices for critical violations,
for repeated violations of any of the requirements of this article,
or for interference with the town health official in the performance
of his or her duties.
(b)
Prior
to the revocation of a permit, the town health official 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.
The permit shall be revoked and is void on the expiration of five
(5) calendar days from the issuance and service of the notice of revocation
unless the permit holder files a written request for an appeal with
the town within the 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, if the conditions giving
rise to the revocation pose a threat to public health.
(Ordinance 11-06 adopted 7/18/11)
The determination by the regulatory authority that a food establishment
permit be denied, suspended or revoked, may be appealed to the town
council. The applicant or permit holder shall timely submit a notice
of appeal stating the grounds of the appeal. An appeal may only be
based on: (1) an allegation that the town health official’s
determination of violations was incorrect; or (2) an allegation that
the suspension or revocation was unjust, or both. A hearing shall
be scheduled as soon as practical, with notice to interested parties.
The formal rules of evidence do not apply at an appeal hearing. The
council shall make a decision by simple majority vote on the basis
of a preponderance of the evidence presented at the hearing. The town
council may, upon hearing, affirm, reverse or modify the determination
of the regulatory authority. The town council’s decision shall
be final and binding.
(Ordinance 11-06 adopted 7/18/11)
