The provisions of this article relating to the definitions of words, terms and phrases are hereby incorporated by reference and made a part hereof and shall not apply and govern the interpretation of these regulations, except as otherwise specifically declared or as is clearly apparent from the context of the regulations herein. The following words, terms and phrases shall have the ascribed meaning indicated below.
Authorized agent or employee.
The employees of the regulatory authority.
Base of operation.
All references to a “base of operation” shall refer to the central preparation facility as defined in this section.
Central preparation facility.
A facility that is an approved and permitted retail food establishment at which food is prepared, stored, and wrapped; where the mobile food unit (if required) is supplied with fresh water and ice, emptied of wastewater into a proper waste disposal system, and cleaned, including washing, rinsing, and sanitizing of those food-contact surfaces or items not capable of being immersed in the mobile food unit utensil-washing sink. Use of a private residence as a central preparation facility is prohibited.
Concession cart.
A mobile vending unit that must be moved by non-motorized means from which a mobile food vendor offers for sale or sells edible goods to the public.
Concession trailer.
A vending unit that is pulled by a motorized unit and has no power to move on its own from which a mobile food vendor offers for sale or sells edible goods to the public.
County health authority.
The physician appointed as provided in section 6-1-2.
Food establishment.
An operation that stores, prepares, packages, serves, or otherwise provides food for human consumption.
Food grade materials.
Materials and utensils used in food service and preparation that are approved by the U.S. Food and Drug Administration as safe for food handling and storage. Generally, material that will not transfer or allow the transfer of noxious or toxic substances to food.
Food handler.
A food establishment employee who works at any time with unpackaged food, food equipment or utensils, or food contact surfaces.
Home location.
The storage location of the mobile food unit when not at its service location.
Mobile food truck.
A self-contained motorized unit from which a mobile food vendor offers for sale or sells edible goods to the public.
Mobile.
The state of being in active, but not necessarily continuous, movement; capable of being moved and not permanently fixed or placed.
Mobile food unit.
A vehicle mounted, self or otherwise propelled, self-contained food service operation designed to be readily movable (including, but not limited to catering trucks, trailers, pushcarts, and roadside vendors, mobile food truck, concession cart, and concession trailer) and used to store, prepare, display, serve or sell food. Mobile units must completely retain their mobility at all times. A mobile food unit does not include a stand or a booth. A roadside food vendor is classified as a mobile food unit.
Mobile food vendor.
Any person that sells edible goods from a mobile food unit within the city.
Municipality.
The City of Odessa.
Packaged.
Bottled, canned, cartoned, securely bagged, or securely wrapped, and packaged in a fixed, licensed food establishment or a food processing plant. Packaged does not include food or drink in a wrapper, carry-out box, or other nondurable container used to containerize food with the purpose of facilitating food protection during service and receipt of the food by the consumer.
Potentially hazardous food (PHF).
A food that requires time and temperature control for safety to limit pathogen growth or toxin production which consist in whole or in part of milk, or dairy products, eggs, poultry, uncooked beef, pork, fish, shellfish, edible crustacean, or other ingredients including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms.
Pushcart.
A non-self-propelled mobile food establishment limited to serving only prepackaged, non-potentially hazardous food or prepackaged ice cream.
Regulatory authority.
The county health department as provided in section 6-1-1.
Roadside food vendor.
A person who sells or serves whole, uncut, and unprocessed fruits or vegetables from a temporary location adjacent to a public road or highway. Food shall not be prepared or processed by a roadside food vendor. A roadside food vendor is classified as a mobile food establishment.
Service location.
Location from which the mobile food unit will be addressing the public for the purpose of sales.
Single-service articles.
Tableware, carry-out utensils, and other items such as bags, containers, placemats, stirrers, straws, toothpicks and wrappers that are designed and constructed for one time, one person use after which they are intended for discard.
Site plan.
A drawing, not necessarily to scale, depicting the existing conditions at the proposed location of the mobile food establishment and the proposed location of the mobile food establishment on the property.
Temporary food establishment.
A food establishment that operates for a period of not more than fourteen (14) consecutive days in conjunction with a single event or celebration.
(Ordinance 2000-31, sec. 2, adopted 9/26/00; 1957 Code, sec. 8-100; Ordinance 2014-19, sec. 1, adopted 4/8/14; Ordinance 2016-15, secs. 1–3, adopted 5/24/16; Ordinance 2025-17 adopted 4/22/2025)
(a) 
Any person who violates a provision of these rules, and any person who is the permit holder of, or otherwise operates, a food establishment that does not comply with the requirements of these rules, and any responsible officer of that permit holder or those persons, shall be fined not more than two thousand dollars ($2,000.00).
(b) 
The regulatory authority may seek to enjoin violations of these rules.
(Ordinance 2000-31, sec. 2, adopted 9/26/00; 1957 Code, sec. 8-110)
The city adopts by reference the provisions of the current rules or rules as amended by the state board of health found in 25 Texas Administrative Code, chapter 229, sections 161 through 171 and 173 through 175, regarding the regulation of food establishments in this jurisdiction.
(Ordinance 2000-31, sec. 2, adopted 9/26/00; 1957 Code, sec. 8-101)
The following supplemental rules are adopted:
(1) 
Doors to walk-in units must be constructed of solid tightfitting material and equipped with hinges and a latch. Air curtains may not substitute for solid doors.
(2) 
Deli meats, once opened, must be date-marked indicating the month, day and year the package was opened.
(3) 
No soft ice cream or ice cream mixes, including yogurt, may be served from mobile snow cone units. All ice cream must originate from a commercial manufactured source.
(4) 
All outdoor tent or frame food establishments built on site for events lasting more than three (3) days and serving potentially hazardous food (PHF) must have a two-compartment sink for washing table and kitchen utensils and a separate handwashing sink. Sinks must have hot and cold running water with a drainage system approved by the regulatory authority.
(5) 
All outdoor tent or frame food establishments serving potentially hazardous food (PHF) must have a controlled heat source and refrigeration adequate to maintain hot food at least 135 degrees Fahrenheit and to maintain cold food at least 41 degrees Fahrenheit. The use of sterno equipment at outdoor events is prohibited.
(6) 
Use of utensils and surface materials that are not food grade materials is prohibited. The regulatory authority may evaluate the safety of materials that are not marked as food grade material or designated as such by the U.S. Food and Drug Administration. The opinion of the regulatory authority shall be the final determination as to whether the use of the material is prohibited.
(7) 
Operation of more than two (2) food establishments from the same commercial kitchen is prohibited. Each food establishment must obtain a separate permit. The kitchen must have sufficient lighting and be of suitable size, construction, and design to facilitate maintenance and sanitary operations of each food establishment business.
(8) 
A snow cone stand must have a two-compartment sink with a drain board on both sides of the sink. A snow cone stand must have a separate handwashing sink with hot and cold running water.
(9) 
Resale of deli or restaurant food intended for single sale is prohibited.
(10) 
Food establishments’ water systems shall meet the requirements of Texas Food Establishment Rules section 229.166(i)(6). A food establishment that cooks, prepares and sells open food products must have a three-compartment sink with hot and cold running water available for all three compartments. Food establishments that use only single service articles only must have a two-compartment sink. Compartments must be large enough to immerse the establishment’s largest piece of equipment for washing, rinsing and sanitizing. Water temperature for handwashing and equipment washing must be 120 degrees Fahrenheit. The establishment must have a potable system under pressure. The establishment must have a separate handwashing sink with hot and cold running water by mixer faucet and properly plumbed to a wastewater tank. The unit must have a minimum ten (10) gallon water heater or an instantaneous water heater.
(11) 
Food establishments must provide hand sanitizing gel or foam, in a separate unit from hand soap, and disposable hand drying towels in the food production area.
(12) 
Salad bar sneeze guards must be installed over self-serve buffet style food service units in a restaurant or food service operation. Installation must meet the requirements of the regulatory authority as illustrated in the county health department’s “Installation Guide of Food Protective Devices.”
(13) 
Door-to-door vendors of potentially hazardous food (PHF) must obtain a county health department permit.
(14) 
Door-to-door sale of tamales is prohibited.
(15) 
At the final health inspection for an initial permit, adequate food for a business opening must be stocked in cold storage units. The food establishment must have facilities and equipment ready for test cooking by the regulatory authority and its agents.
(16) 
All food establishment owners must obtain food handler cards for owners or managers and assistant managers working in food establishments. Owners or managers and assistant managers must obtain food handler cards from entities certified to provide food handler classes by the Texas Department of State Health Services (TDSHS) in Austin, Texas. The food handler cards must be displayed with the health department permit. At least one food handler cardholder must be on the premises of a food establishment at all times. Food service owners, managers, or assistant managers will have one year from this update requirement to obtain food handler cards. A registry of accredited programs is posted on the Texas Department of State Health Services website.
(17) 
Children in diapers or training pants are prohibited from entering a food preparation area at any time during setup or operation. Changing or removing diapers or training pants in any area in any food establishment where food is served is prohibited.
(Ordinance 2000-31, sec. 2, adopted 9/26/00; 1957 Code, sec. 8-102; Ordinance 2014-19, sec. 2, adopted 4/8/14)
(a) 
A notice as required in these rules is properly served when it is delivered to the holder of the permit 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. A copy of the notice shall be filed in the records of the regulatory authority.
(b) 
The hearings provided for in these rules 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 final findings 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 by the regulatory authority.
(Ordinance 2000-31, sec. 2, adopted 9/26/00; 1957 Code, sec. 8-109)
(a) 
Permits.
The following regulations shall apply to mobile food vendors:
(1) 
A mobile food vendor shall first obtain a permit from the Ector County health department and agree to comply with all state and federal health and food service regulations as required by and enforced by the Ector County health department.
(2) 
A mobile food unit shall complete and pass an inspection by the fire marshal prior to the issuance of a permit.
(A) 
The inspection shall take place at the fire marshal's office, unless otherwise arranged. A list of the required documents needed for the inspection can be obtained from the fire marshal's office.
(B) 
The mobile food vendor acknowledges that the fire marshal, Ector County health department, and code enforcement are herein authorized to conduct periodic inspections to determine compliance at any time.
(3) 
Mobile food permits expire on December 31 of the issuing year.
(4) 
Fees.
(A) 
Annual permit: $300.00 (may be prorated).
(B) 
Single event permit: $50.00 per event.
(b) 
Appeal.
If the issuing officer denies a mobile food unit permit to any person or revokes a mobile food unit permit, the office shall immediately convey the decision to the applicant or permit holder and provide the applicant a written report of the reason for the denial within 72 hours. The applicant or permit holder shall have 10 days from the date of written notice of revocation or denial to file a notice of his appeal from the order denying or revoking his permit to the city manager. An appeal from the decision of the city manager can be had following the procedures set out in section 1-2-5 of the city code.
(c) 
Operating procedures.
(1) 
Mobile food vendors agree to operate in accordance with all established local, state, and federal laws and ordinances.
(2) 
Mobile food units shall be furnished and maintained according to the currently adopted fire safety code.
(3) 
All cooking appliances in the mobile unit shall be of an approved type, listed and labeled, for the use intended. Appliances shall be installed in accordance with the manufacturer's instructions.
(4) 
Noises emanating from a mobile unit shall not violate the code of ordinances or state law.
(5) 
Noxious fumes or odors shall not emanate from a mobile unit, unless effectively abated in an approved manner.
(6) 
Cooking surfaces in the mobile unit shall be kept clean of grease build-up. Trash containers and debris shall be emptied regularly. Extension cords shall not be utilized for appliances. Appliances shall be plugged directly into electrical outlets.
(7) 
The hours of operation of a mobile food unit shall be from 6:00 a.m. to 12:00 midnight on Sunday, Monday, Tuesday, and Wednesday and from 6:00 a.m. to 3:30 a.m. on Thursday, Friday, and Saturday.
(8) 
The following documentation must be obtained prior to operation, kept on hand within the mobile food unit, and made available for inspection upon request by city officials and/or law enforcement at all times during the operation of the mobile food unit:
(A) 
Written and notarized permission from the owner of the property on which the mobile food unit will be operating that specifically permits such operation.
(B) 
A notarized statement from a business located within 150 feet of the location of the mobile food unit providing that employees of the mobile food unit may use its restroom facilities during the mobile food unit's hours of operation.
(9) 
No mobile food unit shall be operated in a public park, except as follows:
(A) 
A nonprofit organization hosting a special event at a city park can utilize mobile food units as part of their event.
(B) 
A mobile food unit can be operated in city parks during city-sponsored events.
(10) 
No mobile food unit shall be operated on a city owned street where it would impede the normal flow of traffic.
(11) 
A mobile food unit must be returned to its home location when not in operation or performing regular maintenance and servicing.
(12) 
A mobile food unit shall be allowed reasonable time for set up and tear down at the service location.
(13) 
Outside seating at a mobile food unit may accommodate no more than eight persons and may consist of tables, chairs, stools, or benches, in any combination. Outside seating may not interfere with ingress to, or egress from, existing businesses on or near the site.
(14) 
A mobile food vendor is prohibited from remaining stationary at any given location for longer than a 24-hour period unless:
(A) 
Operating as part of a city-sponsored event and given permission to stay longer than a 24-hour period; or
(B) 
Operating in an outdoor market as defined in section 14-19-1(a)(186).
(15) 
Snow cone stands and snow cone pushcarts shall be regulated by article 6-6, section 6-6-4, supplemental rules.
(d) 
Violations.
A person commits an offense if the person operates a mobile food unit in violation of any of the provisions, requirements, or restrictions of this section; each occurrence of a violation, or, in the case of multiple violations, each day a violation occurs or continues, constitutes a separate offense, and may be punished separately.
(e) 
Exemptions.
A mobile food unit is exempt from having to obtain a permit if the mobile food vendor is operating as a part of a city-sponsored event at a location approved by the city manager, with the approval of the director(s) of the department(s) coordinating the event, if:
(1) 
The mobile food vendor has signed a statement holding harmless the city and indemnifying the city, its officers, and employees, for any claims for damages to property or injury to persons that may occur in connection with the food truck vending; and
(2) 
The mobile food vendor is in full compliance with this section 6-6-6.
(Ordinance 2014-19, sec. 3, adopted 4/8/14; Ordinance 2015-05, sec. 1, adopted 2/10/15; Ordinance 2016-15, sec. 4, adopted 5/24/16; Ordinance 2020-09, sec. 1, adopted 3/10/20; Ordinance 2025-17 adopted 4/22/2025)
Mobile food establishment owners must obtain food handler cards for owners or managers and assistant managers working in mobile food establishments. Owners or managers and assistant managers must obtain food handler cards from entities certified to provide food handler classes by the Texas Department of State Health Services (TDSHS) in Austin, Texas. The food handler cards must be displayed with the health department permit. At least one food handler cardholder must be on the premises of a mobile food establishment at all times. Food service owners, managers or assistant managers will have one year from this updated requirement to obtain food handler cards. A registry of accredited programs is posted on the Texas Department of State Health Services website.
(Ordinance 2014-19, sec. 4, adopted 4/8/14)
(a) 
A person may not operate a food establishment in the city without a permit issued by the regulatory authority. Permits are nontransferable from one (1) person to another or from one (1) location to another location except as otherwise permitted by this article. A valid permit must be posted in or on every food establishment regulated by this article.
(b) 
A bed and breakfast establishment with seven (7) or fewer rooms for rent that serves only breakfast to its overnight guests is not a food establishment for the purposes of this article. Any other bed and breakfast is a food establishment and shall follow the applicable state rules and must obtain a permit under this article.
(c) 
All free food events serving perishable or baked items to the public will require a health permit issued by the county health department.
(d) 
All seasonal permits are limited to six (6) uses during the year.
(e) 
All temporary permits are limited to fourteen (14) consecutive days.
(Ordinance 2000-31, sec. 2, adopted 9/26/00; 1957 Code, sec. 8-103)
(a) 
Any person desiring to operate a food establishment must make a written application on a form provided by the regulatory authority. The application must contain the name and address of the applicant, the location, and type of proposed food establishment and the applicable fee. An incomplete application will not be accepted. Failure to provide all required information or falsifying information required may result in denial or revocation of the permit. Renewals of permits are required on an annual basis, and the same information is required for a renewal permit as for an initial permit.
(b) 
Prior to the approval of an initial permit or the renewal of an existing permit, the regulatory authority shall inspect the proposed food establishment to determine compliance with local ordinances and state law. A food establishment that does not comply with state laws and rules will be denied a permit or the renewal of a permit.
(c) 
The following fee schedule applies to permits issued under this article:
(1) 
Standard permit fees based on the number of employees:
(A) 
1 to 10 employees: $140.00.
(B) 
11 to 35 employees: $300.00.
(C) 
35+ employees: $600.00.
(2) 
Special permit fees:
(A) 
Mobile food units (annually): $150.00.
(B) 
Seasonal: $100.00.
(C) 
Temporary: $60.00.
(D) 
Snow cone stands and snow cone pushcarts: $100.00.
(E) 
Foster home: $100.00.
(F) 
Day-care center: $150.00.
(G) 
Nursing home: $300.00.
(H) 
Replacement health permit: $50.00.
(I) 
Central preparation facility: $100.00.
(3) 
Exemptions to permit fee:
(A) 
Nonprofit charitable organization.
(B) 
Church or religious organization.
(4) 
Plan review fee: $150.00.
(Ordinance 2000-31, sec. 2, adopted 9/26/00; 1957 Code, sec. 8-104; Ordinance 2014-19, sec. 5, adopted 4/8/14; Ordinance 2015-05, sec. 2, adopted 2/10/15; Ordinance 2016-15, sec. 5, adopted 5/24/16)
County health department permits for the operation of all food establishments with the exception of temporary permits shall be renewed January 1 of each year, with a penalty of twice the permit fee if not renewed by January 31.
(Ordinance 2000-31, sec. 2, adopted 9/26/00; 1957 Code, sec. 8-105)
(a) 
When a food establishment is constructed, or twenty (20%) or greater of the area of an existing food establishment is remodeled; or when an existing structure is converted from another use to a food establishment, prepared site plans, specifications and blueprints shall be submitted to the county health department for review before the start of construction. Specifications must indicate proposed layout, equipment arrangement, mechanical plans and construction materials used for work areas, and the types and models of fixed equipment and facilities. The county health department will notify the operator of the food establishment within five (5) days of submission of the department’s decision to approve or not to approve the plans.
(b) 
The operator of any proposed food establishment must also comply with all city building codes and permitting requirements.
(c) 
Failure to follow the approved plans and specifications will result in a permit denial, suspension, or revocation.
(Ordinance 2000-31, sec. 2, adopted 9/26/00; 1957 Code, sec. 8-106; Ordinance 2014-19, sec. 6, adopted 4/8/14)
(a) 
The regulatory authority may, without warning, notice or hearing, suspend any permit to operate a food establishment if the operation of the food establishment constitutes an imminent hazard to public health. Suspension is effective upon service of the notice required by subsection (b) of this section. When a permit is suspended, food operations shall immediately cease. Whenever a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing within ten (10) days of receipt of a request for a hearing.
(b) 
Whenever a permit is suspended, the holder of the permit or the person in charge shall be notified in writing that the permit 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 within ten (10) days. If no written request for a 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.
(Ordinance 2000-31, sec. 2, adopted 9/26/00; 1957 Code, sec. 8-107)
The regulatory authority may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the regulatory authority in the performance of its duties. Prior to the revocation, the regulatory authority shall notify the holder of the permit or the person in charge, in writing, of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of the 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 within such ten-day period. If no request for hearing is filed within the ten-day period, the revocation of the permit becomes final.
(Ordinance 2000-31, sec. 2, adopted 9/26/00; 1957 Code, sec. 8-108)