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)
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)