The Texas Food Establishment Rules (rules) adopted by the state department of health at title 25 Tex. Admin. Code sections 228.1-228.148; 228.152–228.153 and 228.171–228.57, as amended herein, are hereby adopted as the city rules for food service sanitation. A copy of these rules shall be maintained in the office of the city secretary.
(1) 
As applied within the city, title 25 Tex. Admin. Code section 228.32(2) is amended to delete “or” and replace with “and.”
(2) 
As applied within the city, title 25 Tex. Admin. Code section 228.249(b) “inspection frequency, performance-based and risk based.” is amended to delete “if the regulatory authority cannot meet this frequency,”.
(Ordinance 2020-31 adopted 5/12/20)
(a) 
The city council hereby appoints the development services director as the appeals officer for purposes of appeals taken under this article for denials, revocations and suspensions.
(b) 
The hearing provided for herein shall be conducted by the development services director at the time and the place designated by the director. Based upon the recorded evidence of such hearing, the director 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 director.
(Ordinance 2020-31 adopted 5/12/20)
A notice provided for in this section is considered served when it is delivered to the holder of the permit, the holder’s on site representative, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit.
(Ordinance 2020-31 adopted 5/12/20)
All fees referenced herein shall be as set forth in the fee schedule (section A4.003, health permits) found in appendix A of this code, on file and available for inspection in the office of the city secretary.
(Ordinance 2020-31 adopted 5/12/20)
(a) 
Administrative penalty.
The city health officer may impose an administrative penalty on a person or establishment that the city requires to hold a permit under this article or if the person or establishment violates this article or any regulations adopted under said article.
(b) 
Amount of administrative penalty.
The amount of the penalty may not exceed $500.00 per day, and each day a violation continues or occurs is a separate violation for the purpose of imposing a penalty. The procedures for imposing a penalty and the opportunity for judicial review shall be as set forth under section 437.0185 of the Texas Health and Safety Code.
(c) 
Criminal offense/penalty.
A person commits an offense if the person operates a food service establishment, retail food store, mobile food unit, or roadside food vendor without a permit required by the city. A criminal offense under this section is a class C misdemeanor. Each day on which a criminal offense occurs constitutes a separate offense.
(Ordinance 2020-31 adopted 5/12/20)