The city adopts by reference as part of its food establishment regulations the provisions set forth in the Texas Department of Health’s “Texas Retail Food Rules,” 25 TAC sections 228.1–28.278, as amended, which shall constitute the minimum requisites for any food establishment within the corporate limits of the city.
(Ordinance 16-002 adopted 1/11/16)
The purpose of these rules is to safeguard public health and provide to consumers food that is safe, unadulterated, and honestly presented.
(2001 Code, sec. 98.02)
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Food establishment.
An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption:
(1) 
Such as a restaurant; retail food store; satellite or catered feeding location; mobile food unit; roadside food vendor; catering operation providing food directly to a consumer or to a conveyance used to transport people; market; vending location; institution; or food bank; and
(2) 
That relinquishes possession of food to a consumer directly, or indirectly through a delivery services such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.
Regulatory authority.
The city code enforcement officer/health inspector or other authorized agent or employee of the city designated by the city manager.
Seasonal food establishment.
A food establishment that operates either at a fixed location or from a mobile food unit for a period greater than five (5) consecutive days but less than six (6) months.
State rules.
The requirements for food establishments in title 25, chapter 228, sections 1 through 278 of the Texas Administrative Code, as amended, also known as the Texas Retail Food Establishment Rules.
Temporary food establishment.
A food establishment that operates for a period of no more than five (5) consecutive days in conjunction with a single event or celebration.
(2001 Code, sec. 98.03; Ordinance 08-152, sec. 2, adopted 11/10/08; Ordinance 16-002 adopted 1/11/16)
(a) 
It shall be unlawful for any person to operate a food establishment within the city without a valid permit issued by the regulatory authority. Only a person who complies with the requirements of this article shall be entitled to receive and maintain a permit. Permits shall not be transferable from one person to another person or from one location to another location. A valid permit shall be posted in each food establishment.
(b) 
The city may waive the permit fee requirements for a food establishment if proof of charitable, nonprofit status is provided with a permit application as provided in this article.
(c) 
A person operating a seasonal or temporary food establishment for an event must obtain a permit from the city, and pay the applicable food establishment permit fee as established in the city fee schedule. A seasonal food establishment permit shall only issue for a period not to exceed six (6) months. A temporary food establishment permit shall only issue for a period of time not to exceed five (5) days.
(Ordinance 08-152, sec. 3, adopted 11/10/08; Ordinance adopting Code)
(a) 
Any person desiring to operate a food establishment shall make written application and pay the appropriate fee for a permit as established in the city fee schedule. Such application shall include the full name and address of the applicant(s), the location and type of proposed food establishment, and the signature of the applicant(s). Any incomplete application will not be accepted. Failure to provide all information required on the application form, or falsifying any information may result in denial or revocation of the permit. Prior to the approval of an initial permit, the regulatory authority shall inspect the proposed food establishment to determine compliance with state law and rules. Any food establishment that does not comply with state laws and rules shall be denied a permit.
(b) 
Renewals for permits are required on an annual basis. All permits will expire on March 31st of each year. Renewal fees must be received prior to March 31st. Renewal fees received after March 31st will be double the permit fee. The same application information is required for a renewal permit as for an initial permit.
(c) 
The regulatory authority shall inspect at least twice a year all food establishments that operate for more than six (6) months during the year. After providing proper identification, the agent of the regulatory authority shall be permitted to enter the food establishment at any reasonable time for the purpose of making inspections to determine compliance with this article and any state law and rules. The agents 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. Any food establishment that does not comply with state laws and rules may have its permit suspended or revoked as provided in this article.
(Ordinance 16-011 adopted 3/14/16)
(a) 
Whenever a food establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a food establishment, properly prepared plans and specifications for the construction, remodeling or conversion shall be submitted to the regulatory authority for review before work is begun. Extensive remodeling means that 20% or greater of the area of the food establishment is to be remodeled. The plans and specifications shall indicate the proposed layout, equipment and arrangement, mechanical plans and construction of materials of work areas, and the type and model of proposed fixed equipment and facilities. The plans and specifications will be approved by the regulatory authority if they meet the requirements of the rules adopted by this article. The approved plans and specifications must be followed in construction, remodeling, or conversion.
(b) 
Failure to follow the approved plans, and specifications will result in a permit denial, suspension, or revocation.
(c) 
Any person seeking a plan review under this section shall pay to the regulatory authority a consultation and plan review fee as established in the city fee schedule.
(2001 Code, sec. 98.06; Ordinance 08-152, sec. 5, adopted 11/10/08; Ordinance adopting Code)
(a) 
Whenever the regulatory authority finds unsanitary or other conditions in the operation of the establishment that in its judgment constitutes a substantial and imminent hazard to the public health, the regulatory authority may without warning, notice, or hearing, issue a written notice to the food establishment operator ordering that the permit is immediately suspended, and all food operations must immediately cease.
(b) 
Upon suspension of a food establishment permit, the regulatory authority shall provide the operator notice of the conditions in violation of this article and state rules, and specify the corrective action to be taken. Any person receiving a suspension shall comply immediately therewith, but may within five (5) days of the suspension send a written request for a hearing to the regulatory authority. If no written request for hearing is received, the suspension is sustained until the operator takes corrective action and has the property re-inspected for compliance.
(c) 
Any person whose permit has been suspended may, at any time, make application for a re-inspection for the purpose of reinstatement of the permit. The person must pay the re-inspection fee as established in the city fee schedule. Within ten (10) days following the receipt of a written request, including a statement signed by the applicant that the condition causing the suspension of the permit has been corrected, the regulatory authority shall make a re-inspection. If the applicant is in compliance with this article and state rules, then the permit shall be reinstated.
(d) 
For serious or repeated violations of any of the requirements of this article or state rules, or for interference with the regulatory authority in the performance of its duties, the regulatory authority may permanently revoke a food establishment permit. Prior to the revocation, the regulatory authority shall notify the permit holder in writing of the reason for which the permit is subject to revocation, and advise that the permit shall be revoked at the end of ten (10) days following the date on the notice unless a written request for hearing is filed with the regulatory authority by the permit holder within such ten-day period. If no request for hearing is filed within the ten-day period, then the revocation of the permit becomes final.
(Ordinance 08-152, sec. 7, adopted 11/10/08; Ordinance adopting Code)
(a) 
The hearings provided for in this article shall be conducted by an appeals committee at a time and place designated by the regulatory authority. The permit holder shall be notified of such hearing no less than five (5) days prior to the hearing date. The appeals committee shall be appointed by the regulatory authority, and be comprised of the city manager or his designee, community services director, and one other member engaged in food establishment work, such as a restaurant owner, cafeteria manager, or grocery store operator. The regulatory agency shall maintain a list of such persons, from which members of the appeals committee may be appointed on a rotating basis. Based on the hearing, the regulatory authority shall, upon the affirmative vote of the majority, make a finding to sustain, modify, or rescind any official notice or order considered in the hearing. A written report of the hearing decision shall be sent to the permit holder by the regulatory authority within five (5) business days after the date of the hearing.
(b) 
The decision of the appeals committee is final, and any appeal of the decision must be made to the district court within 30 days after receipt of the written notice of the decision. The district court’s review shall be limited to a hearing under the substantial evidence rule. Costs may not be allowed against the city or the appeals commission.
(Ordinance 08-152, sec. 6, adopted 11/10/08)
(a) 
All food establishments must be equipped with a grease trap. A plumbing permit must be obtained by a licensed plumber and the building department prior to installation of the grease trap. Grease traps will be installed and sized in accordance with the currently adopted plumbing code. The standard size grease trap for most food establishments will be a 1,000 gallon/750 lb. trap. However, the minimum grease trap allowed for smaller operations will be a 200 gallons/100 lb. trap.
(b) 
Grease traps installed in food establishments shall be located outside the establishment unless approved in writing by the building official, director of public works, utility director or his authorized representative. A grease trap may not be installed in any part of the building where food is handled. Grease traps shall be located to be easily accessible for cleaning.
(c) 
All grease trap waste shall be pumped and removed, and its tanks thoroughly cleaned at least once every three months (90 days). Any deviation from this schedule must be granted in writing from the regulatory authority. The regulatory authority may require additional pumping, increase the frequency of cleanings, or require immediate pumping of a grease trap if it deems it necessary in order to prevent grease from entering the city sanitary sewer system. Any establishment who utilizes microorganisms in any grease trap within the city will still be required to comply with the aforementioned pumping schedule.
(d) 
All grease waste must be transported by a grease waste hauler licensed by TCEQ. The grease hauler is responsible for proper disposal of grease waste in an approved permitted site. It is the responsibility of the grease hauler to forward a copy of each waste trip ticket to the regulatory authority.
(e) 
Mobile food vendors, roadside vendors, temporary food establishments, day care centers, churches, and concession stands are exempt from the requirement of grease traps. The regulatory authority may grant other exceptions based upon food operations.
(2001 Code, sec. 98.09)
(a) 
Equipment.
All food establishments whose cooking equipment used in processed producing smoke or grease-laden vapors shall be equipped with an exhaust system that complies with all the equipment and performance requirements of the NFPA96 Code (National Fire Protection Association Code) and all equipment and performance shall be maintained per the NFPA96 Code during all periods of operation of the cooking equipment. Specifically, the following equipment shall be kept in good working condition: cooking equipment, hoods, ducts, fans, fire suppression systems, and special effluent or energy control equipment. All airflows shall be maintained. Maintenance and repairs shall be performed on all components at intervals necessary to maintain these conditions. At least one manual fire extinguisher shall be mounted on a wall within the kitchen area for secondary protection.
(b) 
Cleaning.
(1) 
The entire exhaust system shall be inspected and cleaned by a properly trained, qualified, and certified company or person(s) acceptable to the fire chief. Hoods, grease removal devices, fans, horizontal and vertical ducts to the roof, and other appurtenances shall be cleaned to bare metal, prior to surfaces becoming heavily contaminated with grease or oily sludge. The chart below indicates the required cleaning schedule.
Type of Volume of Cooking
Frequency
Establishments serving solid fuel cooking operations
Monthly
Systems serving high-volume cooking. Operations such as a 24-hour cooking, charbroiling or work cooking
Quarterly
Systems serving moderate-volume cooking operations
Semi-Annually
Systems serving low-volume cooking operations, such as churches, day camps, seasonal businesses, or senior centers
Annually
(2) 
The fire chief may require additional cleaning or increase the frequency of cleaning if he deems necessary in order to prevent fire hazard. After the exhaust system is cleaned to bare metals, it shall not be coated with powder or other substance. Care shall be taken not to apply cleaning chemicals on fusible links or other detection devices of the automatic extinguishing system. After cleaning is completed, the vent cleaning contractor shall place a label on the vent-a-hood indicating the date cleaned and the name of the servicing company. A certificate showing the cleaning date shall be maintained on the premises, and a copy forwarded to the fire chief’s office.
(c) 
Inspection.
An inspection and servicing of the fire extinguishing system and listed exhaust hoods shall be made at least once every six months by properly trained and qualified persons. Certification tags indicating date inspected should be posted at the pull station and on the vent-a-hood unit. A certificate showing the inspection and servicing date shall be maintained on the premises, and a copy forwarded to the fire chief’s office.
(2001 Code, sec. 98.10)
(a) 
All food establishments must have a poster posted depicting the Heimlich Maneuver for dislodging an obstruction from a choking person. The prescribed sign shall be in a place conspicuous to employees or customers.
(b) 
The Heimlich Maneuver sign shall meet the following poster requirements:
(1) 
The poster shall be printed on white 70 pound gloss coated cover stock and shall be no smaller than 15 inches wide by 18 inches long;
(2) 
The poster shall be printed in English and Spanish and in at least two conspicuous contrasting colors. Major title and figure blocks shall be in contrasting color to remaining color blocks;
(3) 
Major poster headings shall be a minimum Bengeat Bold 72 point or equivalent;
(4) 
Subheadings shall be a minimum Bengeat Bold Italic 60 point or equivalent;
(5) 
Remaining subheadings shall be a minimum Bengeat Bold 24 point or equivalent; and
(6) 
Body copy shall be Helios Bold 14 point or equivalent.
(2001 Code, sec. 98.11)
Any person who violates or fails to comply with this article or the provisions of the Texas Food Establishments Rules, and any person who is the permit holder of or otherwise operates a food service establishment that does not comply with the requirements of these rules, and any responsible officer of that permit holder, shall be guilty of a misdemeanor, and upon conviction shall be fined not more than $2,000.00 each day any violation or noncompliance continues.
Each day any violation or noncompliance continues constitutes a separate offense. The regulatory authority may seek to enjoin violation of these rules.
(2001 Code, sec. 98.99)