(a)
The
definitions, the inspection of food service establishments, the issuance,
suspension and revocation of permits to operate food service establishments,
the prohibiting of the sale of unsound or mislabeled food or drink,
and the enforcement of this division shall be regulated in accordance
with the department of state health services Texas Food Establishment
Rules, copies of which shall be on file in the office of the health
inspector; provided that the word “municipality” in said
rules shall be understood to refer to the city and the words “regulatory
authority” shall be understood to refer to the city-county health
board.
(b)
The
provisions of this division shall apply to all food service establishments,
retail food stores, mobile food units, and roadside vendors operating
within the corporate limits of the city.
(2000 Code, sec. 12-31; Ordinance
adopting Code)
Any person or organization that is selling any products intended
for human consumption.
Those commercial establishments defined as “food processing
plant” or “food establishment” by the Texas Food
Establishment Rules adopted by the state health services department
and such definitions shall not be deemed to include kitchens in private
homes preparing non-potentially hazardous food items for sale as fundraising
items by charitable and nonprofit organizations on a temporary basis,
nor shall such terms include the site at which such sales for charitable
purposes take place.
A food establishment shall not include and no permit shall be
required for the preparation of food of any kind in a kitchen in a
private home for noncommercial purposes, including but not limited
to potluck suppers, picnics, tailgating, office parties, school functions
or other similar private events.
Further, operation of a lemonade stand by a child on a temporary
basis shall be allowed without a permit and neither the lemonade stand
nor the kitchen in a private home in which the items sold at the lemonade
stand are prepared shall be considered a food establishment.
To the extent of any conflict in the definition of a food establishment
as set forth above and the Texas Food Establishment Rules, the definition
as set forth in this section shall prevail.
Any person or persons who oversee, direct, supervise, or
control the operation of a restaurant, dining room, snack bar or any
other business or facility that sells items or products intended for
human consumption.
(2000 Code, sec. 12-32; Ordinance
adopting Code)
Any person who violates a provision of this division, and any person who is the permit holder of or otherwise operates a food service establishment that does not comply with the requirements of this division, and any responsible officer of that permit holder or those persons, shall be fined as provided in section 1.01.009 of this code.
(2000 Code, sec. 12-36)
The regulatory authority may seek to enjoin violations of this
division.
(2000 Code, sec. 12-37)
Health certificates shall be issued in compliance with division
2 of this article.
(2000 Code, sec. 12-33)
See master fee schedule.
(2000 Code, sec. 12-34; Ordinance 23-3746 adopted 5/23/2023)
(a)
Permit, license or certificate required; transfer; posting.
No person shall operate a food service establishment who does
not have a valid permit, license or certificate issued to him by the
regulatory authority. Only a person who complies with the requirements
of this division 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 every food service establishment.
(b)
Application; issuance.
(1)
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.
(2)
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 division.
(3)
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 division.
(4)
Food service establishments that contain a deli shall be afforded
the opportunity to purchase a separate permit for the deli portion
of their business.
(c)
Suspension.
(1)
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 division, or if the operation of the establishment does not comply with the requirements of this division, 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 (c)(2) of this section. When a permit, license or certificate is suspended, the holder of the permit, license or certificate shall be afforded an opportunity for a hearing within twenty (20) days of receipt of a request for hearing.
(2)
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 a hearing will be provided if a written request for a 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.
(d)
Revocation.
The regulatory authority may, after providing
opportunity for a hearing, revoke a permit, license or certificate
for serious or repeated violations of any of the requirements of this
division or for interference with the regulatory authority in the
performance of its duties. Prior to revocation, the regulatory authority
shall notify the holder of the permit, license or certificate, or
the person in charge, in writing, of the reason for which the permit,
license or certificate is subject to revocation 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 a hearing
is filed with the regulatory authority by the holder of the permit,
license or certificate within such ten-day period. If no request for
hearing is filed within the ten-day period, the revocation of the
permit, license or certificate becomes final.
(e)
Service of notices.
A notice provided for in this division
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.
(f)
Hearings.
The hearings provided for in this division
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 a final finding, 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.
(g)
Reapplication after revocation.
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.
(2000 Code, sec. 12-35(a))
(a)
Frequency.
An inspection of a food service establishment
shall be performed at least once every six (6) months. Additional
inspections of the food service establishment shall be performed at
often as are necessary for the enforcement of this division.
(b)
Access.
Agents 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 division. The agents shall be permitted to examine
the records of the establishments to obtain information pertaining
to food and supplies purchased, received or used, or to persons employed.
(c)
Reports.
Whenever an inspection of a food service establishment or commissary is made, the findings shall be recorded on the inspection report form provided for in subsection (e) of this section. The inspection report form shall summarize the requirements of this division 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 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.
(d)
Correction of violations.
(1)
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 establishment, the establishment shall immediately
cease food service operations. Operations shall not be resumed until
authorized by the regulatory authority.
(B)
All violations of four- or five-point violations have been corrected.
A follow-up inspection shall be conducted to confirm correction.
(C)
All one- or two-point weighted items shall be corrected as soon as
possible, but in any event by the time of the next routine inspection.
(D)
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
shall be conducted at reasonable time intervals to assure correction.
There shall be a twenty-five dollar ($25.00) charge for any reinspection
deemed necessary due to violations of the nature cited in this section.
(E)
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.
(2)
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 appeal from the inspection findings
and time limitations will be provided if a written request for a hearing
is filed with the regulatory authority within ten (10) days following
cessation of operations. If a request for a hearing is received, a
hearing shall be held within twenty (20) days of receipt of that request.
(3)
Whenever a food service 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 exist. Opportunity
for reinspection shall be offered within a reasonable time.
(e)
Inspection report form.
An inspection report form based
on the requirements of this division is on file in the health inspector’s
office.
(2000 Code, sec. 12-35(b); Ordinance
adopting Code)
Food may be examined or sampled by the regulatory authority
as often as necessary for enforcement of this division. 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 subsection 229.164(a)
of the department of state health services Texas Food Establishment
Rules, or any other section of this division. 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 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. A
hearing shall be held if so requested, and, on the basis of evidence
produced at the 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 division.
(2000 Code, sec. 12-35(c))
(a)
Submission and approval 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
to assure that they meet the requirements of this division. 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 subsection (a) of this section to be submitted to the regulatory authority, the regulatory authority shall inspect the food service establishment prior to its beginning operation to determine compliance with the approved plans and specifications and with the requirements of this division.
(2000 Code, sec. 12-35(d))
When the regulatory authority has reasonable cause to suspect
the possibility of disease transmission from any food service establishment
employee, it may secure a morbidity history of the suspected employee
or make any other investigation as may be 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 all 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, of other employees,
and of his and their body discharges.
(5)
The
city hereby incorporates “The Communicable Disease Act,”
Texas Health and Safety Code, chapter 81, adopted by the department
of state health services by reference, and the health officer will
enforce such state law as applicable. A copy of said public law shall
be available for inspection during regular business hours.
(2000 Code, sec. 12-35(e); Ordinance
adopting Code)
(a)
Food
sellers who do not come under either food service or retail food store
regulations by virtue of the nature of their product shall be required
to obtain a food seller’s permit and undergo such inspections
as shall from time to time be deemed necessary by the city-county
health district.
(b)
The
fee for food sellers who come under this section shall be as set forth in
the master fee schedule for those sellers who operate full time, yearround.
The permit fee for those sellers who operate on a seasonal basis,
that is, in operation from six months to two weeks out of the calendar
year, shall be as set forth in the master fee schedule. The permit
fee for those sellers who operate on a temporary basis, that is, in
operation for less than two weeks out of the calendar year, shall
be as set forth in the master fee schedule.
(c)
The
above fees and schedules are subject to change as recommended by the
city-county health department and ratified by ordinance by the city
council.
(2000 Code, sec. 12-38; Ordinance 23-3746 adopted 5/23/2023)
