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 establishment [are adopted] in this jurisdiction.
(Ordinance 2000-53, sec. 1, adopted 11/28/00)
The purpose of these rules is to safeguard public health and provide to consumers food that is safe, unadulterated, and honestly presented.
(Ordinance 2000-53, sec. 2, adopted 11/28/00)
Food establishment.
A food service establishment, a retail food store, a mobile food unit, and/or a roadside food vendor.
Regulatory authority.
An authorized agent or employee of the city.
Smoking or to smoke.
The act of smoking or carrying a lighted or smoldering cigar, cigarette, or pipe of any kind or lighting a cigar, cigarette or pipe of any kind.
State rules.
The state rules found at 25 Texas Administrative Code, chapter 229, 161 through 171 and 173 through 175. These rules are also known as the Texas Food Establishment Rules.
(Ordinance 2000-53, sec. 3, adopted 11/28/00)
(a) 
A person may not operate a food establishment without a permit issued by the regulatory authority. Permits are not transferable from one person to another or from one 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. Each inventory in a food establishment must have its own permit. (i.e. grocery stores are required to have a permit for bakery, meat market, deli and grocery store as applicable).
(b) 
A food establishment operated solely by a nonprofit organization is exempt from the permitting fee requirements of this article, but is not exempt from obtaining a permit. The regulatory authority may require any information necessary to determine whether an organization is nonprofit for the purpose of this exemption.
(c) 
Temporary food permits may be obtained for $30.00 for food events held from one to five days. The same permit and fee shall apply to each food vendor registered to participate in a downtown farmers market for the duration of the annual market season.
(Ordinance 2000-53, sec. 4, adopted 11/28/00; Ordinance 2011-40 adopted 12/13/11; Ordinance 2009-31 adopted 7/14/09)
(a) 
Any person desiring to operate a food establishment must make a written application for a permit on forms provided by the regulatory authority. The application must contain the name and address of each applicant, the location and type of the 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.
(b) 
Renewals for permits are required on an annual basis. All permits will expire on December 31 of each year. Renewal fees must be received prior to December 31st. Renewal fees received after December 31st will be double the permit fee. The same application information is required for a renewal permit as for an initial permit.
(c) 
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 state laws and rules. A food establishment that does not comply with state laws and rules will be denied a permit or the renewal of a permit.
(d) 
The fee schedule that applies to permits/inspections issued under this article is on file in the city secretary’s office.
(e) 
Posting of scores: Current food inspection scores will be posted at or near the front door of food establishment for public view; current detailed inspection report shall be made available upon request.
(Ordinance 2000-53, sec. 4, adopted 11/28/00; Ordinance 2011-40 adopted 12/13/11)
(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. Whenever a permit is suspended, written notice will be given to the permit holder/manager, at which time all food operations shall immediately cease. Whenever a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing as described in subsection (b) of this section.
(b) 
Whenever a permit is suspended, the permit holder or the manager shall be notified in writing that the permit is 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 10 days. If no written request for hearing is filed within ten days, the suspension is sustained. The regulatory authority may end the suspension at any time if reasons for suspension no longer exist.
(c) 
A permit will be automatically suspended if there exist violations totaling more than 30 demerits during any one inspection. Food operations will immediately cease until corrective actions are taken to decrease the demerits, and a reinspection has been performed by the regulatory authority.
(Ordinance 2000-53, sec. 8, adopted 11/28/00)
(a) 
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 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 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.
(b) 
If no request for hearing is filed within the ten-day period, the revocation of the permit becomes final.
(Ordinance 2000-53, sec. 9, adopted 11/28/00)
(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 submitted at such hearing the regulatory authority shall make 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 by the regulatory authority.
(Ordinance 2000-53, sec. 10, adopted 11/28/00)
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 such construction, remodeling or conversion shall be submitted to the city 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 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 city 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. Failure to follow the approved plans and specifications will result in a permit denial, suspension, or revocation.
(Ordinance 2000-53, sec. 6, adopted 11/28/00)
(a) 
A food protection manager and food handler certificate will be required as follows:
(1) 
Food establishments.
At least one manager or person in charge must hold a certificate for food protection management and be present during hours of operation.
(2) 
Food handling training required–food handler permit.
In order to receive a food handler permit, every person owning, employed by, or otherwise connected with a food establishment whose work brings him into contact with food, utensils or food service equipment shall be required to satisfactorily complete a food handling training course and hold a food handler permit through a state-accredited food training course. Food handler permits must be held for all employees and are subject to inspection and confirmation at any time. Food handler certification is valid for a period of up to three years from the date of issuance as determined by the health authority unless revoked for cause.
(3) 
Revocation.
Repeated violations of the state food rules, closure of the food establishment by the health department or suspension of a health permit may constitute cause for immediate revocation of food manager and food handler certification.
(4) 
Change of food managers or food handlers.
Termination or transfer of certified food managers or food handlers does not change the requirements as stated above. New food managers or food handlers shall obtain certification prior to employment or transfer or within thirty days of employment.
(5) 
Change of ownership.
Upon change of ownership of a food establishment there will be a 60-day grace period for the owner or operator to obtain food manager certification and a 30-day grace period to obtain food handler certification the grace period shall commence on the date of actual change of ownership.
(6) 
New establishments.
New food establishments must be in compliance with food manager and food handler certification requirements prior to issuance of the first health permit.
(b) 
The certificate that shows proof of passing the written exam must be maintained on the premises with a copy sent to the regulatory authority for file. The certified manager is responsible for training the employees of the establishment in proper food handling procedures. Temporary food service establishments and food service establishments that handle only prepackaged foods and nonpotentially hazardous foods, which require only limited preparation, are exempt from the provisions of this section.
(Ordinance 2000-53, sec. 7, adopted 11/28/00; Ordinance 2007-66 adopted 12/11/07; Ordinance 2011-40 adopted 12/13/11)
(a) 
All food establishments must be equipped with a grease trap. A plumbing permit must be obtained by a licensed plumber from the city 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 1000-gallon/750-pound 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 a 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 that 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 the state commission on environmental quality (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) 
Exceptions.
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.
(Ordinance 2000-53, sec. 11, adopted 11/28/00)
(a) 
Equipment.
All food establishments whose cooking equipment used in processes producing smoke or grease-laden vapors shall be equipped with an exhaust system that complies with all the equipment and performance requirements of the NFPA 96 Code (National Fire Protection Association Code), and all such equipment and performance shall be maintained per the NFPA 96 Code during all periods of operation of the cooking equipment. Specifically, the following equipment shall be kept in good working condition:
(1) 
Cooking equipment;
(2) 
Hoods;
(3) 
Ducts;
(4) 
Fans;
(5) 
Fire suppression systems; and
(6) 
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.
The entire exhaust system shall be inspected and cleaned by a properly trained, qualified, and certified company or person(s) acceptable to the fire marshal. 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
Semiannually
Systems serving low-volume cooking operations, such as churches, day camps, seasonal businesses, or senior centers
Annually
The fire marshal may require additional cleaning or increase the frequency of cleaning if he deems necessary in order to prevent a 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 marshal’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 marshal’s office.
(Ordinance 2000-53, sec. 12, adopted 11/28/00)
(a) 
Designated smoking areas.
The owner or person in charge of any food service establishment shall designate a policy for the establishment which:
(1) 
Designates separate rooms or areas in which smoking is permitted;
(2) 
Prohibits smoking; or
(3) 
Allows smoking throughout the establishment.
However, no area shall be designated as a smoking area in which smoking is prohibited by the fire chief or by other law, ordinance or regulation. In designated smoking areas, existing physical barriers and ventilation systems shall be used where possible to minimize the toxic effect on adjacent nonsmoking areas.
(b) 
Posting signs.
Signs prohibiting smoking or informing patrons that smoking is allowed in designated areas only, as the case may be, shall be displayed conspicuously at the front entrance by the owner or person having control of the food service establishment covered by this section.
(1) 
In food service establishments in which smoking is prohibited, the sign displayed shall read as follows: “No Smoking Permitted in the Food Establishment. City Ordinance No. 2000-53.”
(2) 
In food service establishments in which smoking is permitted in all areas, the sign displayed shall read: “This Establishment Does Not Provide a Nonsmoking Area. City Ordinance No. 2000-53.”
(3) 
In food service establishments in which smoking and nonsmoking areas are provided, the sign displayed shall read: “Smoking Permitted in Designated Areas Only. City Ordinance No. 2000-53.”
Facilities for the extinguishment of smoking materials shall be provided near such sign and located so as to be readily accessible for extinguishment of smoking materials.
(c) 
Unlawful for owners, operators and others to allow smoking in certain areas.
(1) 
It shall be unlawful for the owner, operator, director, manager, or person otherwise in control of a food service establishment to allow smoking in areas so located where contamination of food, equipment, linens, and single-service and single-use articles could occur.
(2) 
It shall be unlawful for the owner, operator, director, manager or person otherwise in control of a food establishment to provide seating to any person who violates the provisions of this section by smoking in an area in which smoking is prohibited or to permit such person to remain on the premises if he or she continues to violate the provisions of this section after a warning to refrain from smoking.
(d) 
Unlawful for persons to smoke in areas designated as smokefree.
It shall be unlawful for any person to violate the provisions of the establishment’s smoking policy by smoking in an area in which smoking is prohibited if, after a warning to refrain from smoking, he or she continues to violate the policy.
(e) 
Defenses.
(1) 
It shall be a defense to prosecution under subsection (d) of this section that the food service establishment does not have a prominently displayed, reasonably sized sign as described in subsection (b) of this section.
(2) 
It shall be a defense to prosecution under this section that facilities for the extinguishment of smoking materials, where required, were not located near such sign so as to be readily accessible.
(f) 
Regulation of restaurants and private clubs.
(1) 
Option 1: Grandfather all existing restaurants and then require SUP for new restaurants/private clubs to allow smoking in perpetuity.
(2) 
Smoking in all restaurants and designated private clubs, existing on May 8, 2007, shall be permitted by this subsection if said business registers with the city as an existing smoking establishment within 120 days of May 8, 2007. The city shall make all good faith efforts to notify said existing establishment of this registration opportunity.
(3) 
Any future restaurants or designated private clubs from May 8, 2007, requesting to allow smoking in their facility shall require a specific use permit (SUP), which will only be granted upon satisfaction of room and air system separation as provided elsewhere herein.
(Ordinance 2000-53, sec. 14, adopted 11/28/00; Ordinance 2007-17, art. IV, adopted 5/8/07)
(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) 
Specifications.
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 copy 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.
(Ordinance 2000-53, sec. 15, adopted 11/28/00)
(a) 
Any person who violates or fails to comply with sections 6.02.001 through 6.02.010 or the provisions of the state 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 as provided in section 1.01.009 each day any violation or noncompliance continues. Each day any violation or noncompliance continues shall constitute a separate offense. The regulatory authority may seek to enjoin violation of these rules.
(b) 
Any person, firm or corporation, violating any provisions of section 6.02.012 shall be fined as provided in section 1.01.009 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Ordinance 2000-53, sec. 16, adopted 11/28/00)