The most current version of the Texas Food Establishment Rules, chapters 228 and 229 Texas Administrative Code, as adopted and published by the department of state health services, together with any additions or amendments hereafter adopted by such department, are hereby adopted.
(Ordinance 2018-08 adopted 4/26/18)
All definitions in Texas Food Establishment Rules and Rules on Retail Food Store Sanitation are hereby adopted. In addition, the following definitions shall be understood:
Child care facility.
A commercial business which keeps more than eight (8) unrelated children that provides care, training, education, custody or supervision for children under fifteen (15) years of age, who are not related by blood, marriage or adoption to the owner or operator of the facility, for all or part of the day.
Employee.
Any person manufacturing, packaging, producing, processing, storing, selling, offering for sale, vending, preparing, serving, or handling any food in a health permitted establishment, child care facility, hotel, or motel.
Health permitted establishment.
A commercial business where food or drink is manufactured, packaged, produced, processed, transported, stored in bulk quantities, sold, commercially prepared, or otherwise handled, whether offered for sale, given in exchange or given away for use as food or furnished for human consumption. The term does not apply to private homes, churches or other nonprofit organizations, bake sales for nonprofit organizations, commercial establishments which sell only non-potentially hazardous prepackaged food items, and ice cream trucks. The establishment of these exemptions does not waive the city's right to take appropriate action in the event that conditions at an otherwise exempt facility pose an imminent public health threat.
Ice cream truck.
A permitted self-propelled mobile food truck which only sells pre-packaged and sealed ice cream, soft serve ice cream, canned or bottled soft drinks, juice or water, pre-packaged candy, chips or treats, from the public right-of-way to customers for immediate consumption.
Ownership of business.
The owner or operator of the business. Each new business owner or operator shall comply with the current code of the city.
Regulatory authority.
The city health inspector.
Service of notice.
A notice provided for 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.
(Ordinance 2002-17, sec. 3, adopted 9/26/02; Ordinance 2021-11, sec. 1, adopted 3/25/21; Ordinance 2021-11, sec. 2, adopted 3/25/21)
Any person, firm or corporation that violates, disobeys, neglects or refuses to comply with, or that resists the enforcement of, any of the provisions of this article shall be fined as provided in section 1.01.009 of this code for each offense. Each day that a violation is permitted to exist shall constitute a separate offense and shall be punishable as such.
(Ordinance 2002-17, sec. 9, adopted 9/26/02)
The city may also bring suit for injunction against any person, firm or corporation that shall violate or threaten to violate any of the provisions of this article, in order to prevent a continued violation or threatened violation.
(Ordinance 2002-17, sec. 10, adopted 9/26/02)
(a) 
Submission and approval of plans.
Whenever a health permitted establishment is constructed or extensively remodeled (defined as a remodeling project where the value of the project exceeds $25,000.00), and whenever an existing structure is converted to use as a food establishment, properly prepared plans and specifications for such construction, remodeling, or conversion shall be submitted to the health department 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 health department shall approve the plans and specifications if they meet the requirements of these rules. No health permitted establishment shall be constructed, extensively remodeled, or converted except in accordance with plans and specifications approved by the health department.
(b) 
Preoperational inspection.
The health department shall inspect any health permitted establishment prior to its beginning operation to determine compliance with approved plans and specifications and with the requirements of these rules.
(Ordinance 2002-17, sec. 5, adopted 9/26/02)
Whenever a permit holder can show that a provision of these regulations would cause unnecessary hardship if strictly applied, and where because of some condition particular to the particular circumstance in the opinion of the city council a departure may be made without destroying the intent of such provision, the city council may authorize a variance from these regulations, subject to appropriate conditions and safeguards.
(Ordinance 2002-17, sec. 7, adopted 9/26/02)
Health permitted establishments constructed after the adoption of this article or existing establishments that are extensively remodeled as defined in section 6.02.005 will be required to install foot, knee or infrared operated controls at all sinks in food preparation and dishwashing areas.
(Ordinance 2002-17, sec. 6, adopted 9/26/02)
In the event that one or more permit holders request that the city make available training regarding these provisions, the city will conduct food handlers and/or food managers training at a mutually agreed-upon time and location. The cost of such training will be paid by the permit holder(s).
(Ordinance 2002-17, sec. 6, adopted 9/26/02)
(a) 
Any person desiring to operate a mobile ice cream truck shall submit an application and appropriate fee, found in appendix A “fee schedule” of the city code, to the city secretary.
(b) 
All mobile ice cream truck vendors require an approved background check through the city police department, and an approved ice cream truck permit, and current liability insurance prior to operating.
(c) 
All sales shall take place between the hours of 11 a.m. and sunset, and sales are only permitted in residential zoning districts in the city.
(d) 
All mobile ice cream truck vendors shall comply with all applicable city and state health laws and regulations.
(e) 
No mobile ice cream truck vendors shall vend within 40 feet of any intersection, stop sign, flashing beacon, yield sign, or other traffic control signal located on the side of a roadway.
(f) 
Mobile ice cream truck vendors shall not sell within two city blocks or 600 feet, whichever is greater, of the ground of a public, private, or parochial elementary or secondary school between the hours of 11:00 a.m. and 4:30 p.m. on days when school is in session.
(g) 
Mobile ice cream truck vendors shall only vend on the passenger side of the ice cream truck.
(h) 
Mobile ice cream truck vendors shall pull as far as practicable to the side of the right-of-way when stopping for the purpose of making sales and shall operate emergency flashers when stopped. In no event shall a mobile ice cream truck vendor stop for the purpose of making sales in a manner which prevents passage of other motor vehicles on the right-of-way or impedes the flow of vehicular or pedestrian traffic. No mobile ice cream truck shall remain in any one location for longer than twenty (20) minutes while vending.
(i) 
No signage or other obstructions shall block the windows of the ice cream truck.
(j) 
The lawful name of the ice cream truck shall be displayed on the vending/passenger side of the truck.
(k) 
The menu and price lists shall only be displayed on the vending/passenger side of the mobile ice cream truck.
(l) 
No mobile ice cream truck vendor shall sell alcoholic beverages, controlled substances, or any other item the possession or use of which is deemed illegal under any federal, state, or local law.
(m) 
No mobile ice cream truck vendor shall operate any horn, sound amplification system, or other sound producing device or music system when the truck is stationary or in a manner that creates a noise disturbance as defined in article 8.04 of the city code, or at any time other than during authorized vending periods.
(n) 
Pre-packaged candy, chips, and soft drinks must be sold in commercially packaged, single portion units.
(o) 
A separate temporary food permit must be obtained from the city for mobile ice cream truck participation in any special event(s) or temporary event(s) in accordance with the city code.
(Ordinance 2021-11, sec. 3, adopted 3/25/21)
[1]
Editor’s note–Former section 6.02.042 pertaining to fees and deriving from Ordinance 2002-17, sec. 4, adopted 9/26/02, was repealed in its entirety by Ordinance 2019-08, sec. 2, adopted 7/25/19.
(a) 
It shall be unlawful for any person to operate a health permitted establishment in the city unless he possesses a current and valid health permit issued by the health department.
(b) 
A separate permit shall be required for every health permitted establishment with separate and distinct facilities and operations, whether situated in the same building or at separate locations.
(Ordinance 2002-17, sec. 4.a, adopted 9/26/02)
A valid permit shall be posted in public view in a conspicuous place at the health permitted establishment for which it is issued.
(Ordinance 2002-17, sec. 4.b, adopted 9/26/02)
Permits issued under the provisions of this article are not transferable. Upon change of ownership of a business, the new business owner will be required to meet current standards as defined in city ordinances and state law before a permit will be issued.
(Ordinance 2002-17, sec. 4.c, adopted 9/26/02)
The health department may suspend any permit to operate a health permitted establishment if the operation of the establishment does not comply with the requirements of this article and state laws and rules, or the operation of the food establishment otherwise constitutes an imminent health hazard. Before 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 written request for a hearing. Suspension is effective after a ten-day notice period is given by the health department in the event a public hearing is not requested. When a permit is suspended, food service operations shall immediately cease.
(Ordinance 2002-17, sec. 4.d, adopted 9/26/02)
Whenever a notice of suspension is given, the holder of the permit shall be notified in writing that an opportunity for a hearing will be provided. If no written request for hearing is filed within ten (10) days, the permit is suspended. The health department may end the suspension any time if reasons for suspension no longer exist.
(Ordinance 2002-17, sec. 4.e, adopted 9/26/02)
The health department may, after providing notice and an 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 health department in the performance of its duties. Prior to revocation, the health department shall notify the holder 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, and, unless a written request for a hearing is filed with the health department by the holder of the permit within such ten-day period, the revocation of the permit becomes final.
(Ordinance 2002-17, sec. 4.f, adopted 9/26/02)
A notice provided for in these rules 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.
(Ordinance 2002-17, sec. 4.g, adopted 9/26/02)
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 evidence of such hearings, the regulatory authority shall make a final finding, and shall sustain, modify or overturn the prior action, and the decisions and findings and shall be furnished to the holder of the permit, license, or certificate by the regulatory authority.
(Ordinance 2002-17, sec. 4.h, adopted 9/26/02)
Any permit holder who wishes to dispute the decision of a hearing may appeal that decision to the city council. The decision of the city council shall be final.
(Ordinance 2002-17, sec. 4.i, adopted 9/26/02)
Whenever a revocation of a permit has become final, the holder of the revoked permit may make written application for new permit to the health department.
(Ordinance 2002-17, sec. 4.j, adopted 9/26/02)
(a) 
When the health authority finds any health permitted establishment in a condition which poses an imminent risk to the health or safety of the public or the employees of the establishment, the health authority shall be authorized to:
(1) 
Post and maintain, at the entrance of the health permitted establishment, notice of the conditions therein, or require the owner, operator, or person in charge of the establishment to post and maintain at the entrance of the establishment notice that the establishment is closed;
(2) 
Close summarily such health permitted establishment and prevent its use as a health permitted establishment until such sanitary condition has been removed or abated, and until it no longer endangers public health;
(3) 
Suspend summarily its health permit. Conditions which warrant the actions authorized under subsection include but are not limited to:
(A) 
Loss of electrical power, interruption of water service, or sewage backing up into the establishment.
(B) 
Serious lack of sanitation, lack of sanitation of food contact surfaces, failure to show proof of or failure to renew a health permit, or catastrophic occurrence.
(b) 
The owner, operator, or other person in charge of the establishment will be given written notice of the reason for the closure and/or suspension.
(c) 
Upon receipt of the notice, the establishment shall immediately cease operations in an establishment which has been closed or had its license suspended pursuant to this section.
(d) 
A person commits an offense if the person removes or tampers with any notice posted pursuant to subsection (a)(1).
(Ordinance 2002-17, sec. 4.k, adopted 9/26/02)