The Texas Food Establishment Rules (“rules”) adopted
by the department of state health services at 25 Tex. Admin. Code
229.161–229.171 and 229.173–229.175, as amended herein,
are hereby adopted as the rules for food sanitation, a copy of which
is attached as exhibit A to Ordinance 2003-04-02, and which shall
be maintained in the office of the city secretary.
(Ordinance 2003-04-02, sec. 1, adopted 4/3/03)
(a)
Generally.
(1)
25 Tex. Admin. Code 229.162(75) of the rules, “Regulatory authority”
is amended to read “The City of Lavon, Health Department/City
Council/City Administrator.”
(2)
25 Tex. Admin. Code 229.166(j)(3) of the rules, “Grease trap”
is amended to read: “Grease traps; garbage grinders.”
(A)
Grease traps.
If a food establishment is required to
install a grease trap or grease interceptor, the trap or interceptor
shall be located and sized according to the specifications of the
regulatory authority. Grease traps should be located out-of-doors
in a location easily accessible for cleaning.
(B)
Garbage grinders.
Garbage grinders are not allowed in
new, extensively remodeled or reoccupied food service facilities.
If used and allowed by law, garbage grinders shall be maintained according
to law.
(3)
25 Tex. Admin. Code 229.171(q) of the rules, “Food establishment
inspector qualifications,” is amended to delete “An individual
conducting inspections of retail food establishments should be a Registered
Professional Sanitarian in Texas, as defined in 25 TAC chapter 337,
337.181, or meet the equivalent educational requirements in order
to” and substitute therefor: “An individual shall be a
Registered Professional Sanitarian in the State of Texas, as defined
in 25 TAC chapter 337, 337.181 and meet the educational requirements
in order to:”
(4)
25 Tex. Admin. Code 229.165(f)(24) of the rules, “Food equipment
certification, classification, acceptability,” is amended to
delete: “Food equipment that is certified or classified for
sanitation by an American National Standards Institute (ANSI) accredited
certification program will be deemed to comply with subsections (a)–(f)
of this section,” and substitute therefor: “Food equipment
installed in an establishment after the adoption of these rules, and
food equipment in new or extensively remodeled establishments shall
be of National Sanitation Foundation or equivalent approval. Any other
equipment is subject to approval by the City of Lavon.”
(b)
Permit required; issuance; exceptions.
(1)
It shall be unlawful for any person to operate a food establishment
within the limits of the city without having been issued a valid food
service permit. Only a person who complies with the requirements in
this article shall be entitled to receive or retain a permit, and
notwithstanding the fact that all inspections necessary for obtaining
a food service permit have been completed, such permit shall not be
issued until after the building in which the establishment is to be
located has been issued a certificate of occupancy by the city. Permits
are not transferable from one person to another person or place. A
valid permit shall be posted in or on a conspicuous place of every
food establishment regulated by this article. Permits shall remain
in effect for twelve (12) months from the date of issuance unless
sooner revoked for cause. If the permit is granted to a temporary
food establishment, the permit shall be in effect for a period of
time not exceeding three (3) consecutive days in conjunction with
a single event or celebration. All permits are to be displayed in
public view.
(2)
Any person desiring to operate a food establishment shall make written
application for a permit on a form provided by the city. The application
shall include the applicant’s full name and post office box
address or street address and whether such applicant is an individual,
firm or corporation and, if a partnership, the names of the partners,
together with their addresses; the location and type of proposed establishment;
the number of certified employees; square footage of the facility,
if required; capacity of grease trap and name of service company;
name of pest control; and the signature of the applicant. An application
for a temporary food establishment shall include the inclusive dates
of the proposed operation.
(3)
A food establishment operated solely by a nonprofit organization
is not exempt from the permit requirements of this article, or from
compliance with the rules on food service sanitation.
(4)
The application shall be accompanied by a nonrefundable permit fee
in the amount set forth in the fee schedule in appendix A of this
code.
(c)
Certified food protection manager.
(1)
25 Tex. Admin. Code 229.163(b) of the rules, “Knowledge, demonstration,”
is amended to replace “or” with “and”.
(2)
Every food establishment that has employees whose work brings them
in contact with the handling of food, utensils, or food service equipment
shall have a certified food protection manager.
(A)
A certified food protection manager is a manager or person in charge,
on duty during all times of operation, and who has completed a food
protection management class from any accredited institution or firm
of their choice as accredited by the department of state health services.
(B)
Food establishments that serve, sell, or distribute only prepackaged
foods and non-potentially hazardous beverages, and temporary food
establishments, are exempt from this subsection.
(C)
For new food establishments in the city, management certification
is required before the date of operation.
(D)
A certified food protection manager is required for each food establishment
at all times of operation. The city may require additional certified
operators in sufficient number to insure that all areas of food preparation
and food service, during times of operation, are under the direction
of certified supervisory personnel.
(E)
If a food establishment does not meet the requirements for a certified
food protection manager because of the termination or transfer of
certified personnel, the food establishment shall employ another certified
food protection manager within forty-five (45) days after such termination
or transfer.
(F)
Food protection management certification shall be valid for not less
than five (5) years at which time an approved food protection recertification
class must be completed before the expiration of the original certification,
and every five (5) years thereafter.
(G)
The fee collected by the city for registration with the city as a
food protection manager will be in the sum set forth in the fee schedule
in appendix A of this code, per person registered.
(d)
Submission and review of plans.
(1)
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
and approval before construction, remodeling or conversion is commenced.
The plans and specifications shall include a proposed kitchen floor
plan, equipment schedule and arrangement, mechanical and plumbing
plans, and room finishes materials in all work areas. No food establishment
shall be constructed, extensively remodeled, or converted except in
accordance with said approved plans and specifications.
(2)
Deviation from the approved plans and specifications shall result
in a food establishment permit denial, suspension, or revocation.
(e)
Inspections.
(1)
The city authority shall inspect the food establishment prior to
the issuance of the food establishment permit to determine compliance
with any approved plans and specifications and compliance with other
requirements of this article and shall determine that a certificate
of occupancy has been issued for the building in which the establishment
is to be located. Upon making such findings the food establishment
permit may be issued subject to annual renewal, continued compliance
with the provisions of this article, and the existence of a valid
certificate of occupancy for the building in which the establishment
is located.
(2)
The city shall conduct periodic routine inspections to determine
if a food establishment is in compliance with the rules. If, during
a routine inspection, immediate correction of a critical item is not
achieved, the city shall verify correction of the violation within
24 hours.
(3)
When the total cumulative demerit value of an establishment exceeds
30 demerits, the establishment shall immediately cease operations.
The establishment shall remain closed until corrective action on all
identified critical violations is complete. Corrective action on all
other violations must be initiated within forty-eight (48) hours.
The establishment shall remain closed until reopened by the health
authority of the city.
(f)
Suspension of permit.
(1)
The city may, without warning, notice, or hearing, suspend any permit
to operate a food establishment if the holder of such permit does
not comply with the requirements of this article, or the operation
of its establishment does not comply with the requirements set forth
herein, or if the operation of the food establishment otherwise constitutes
a substantial hazard to public health. Suspension is effective upon
service of the notice. When a permit is suspended, food service operations
shall immediately cease. Whenever a permit is suspended, the holder
thereof shall be afforded an opportunity for a hearing within five
(5) days after receipt of a written request for hearing.
(2)
Whenever a permit is suspended, the holder thereof or the person
in charge shall be notified in writing that an opportunity for a hearing
shall be provided if a written request for hearing is filed with the
city within five (5) days after receipt of notice. If no written request
for hearing is filed within a five (5) day period, the suspension
is sustained. The city may terminate the suspension at any time if
reasons for suspension no longer exist.
(g)
Revocation of permit.
(1)
The city may, after providing opportunity for hearing, revoke a permit
for serious or repeated violations of any of the requirements of this
article or for interference with the regulatory authority in the performance
of its duties.
(2)
Prior to revocation, the city shall notify, in writing, the holder
of the permit, or the person in charge, of the specific reason(s)
for which the permit is to be revoked and that the permit shall be
revoked at the end of the five (5) days after service of such notice
unless a written request for hearing is filed within the five (5)
day period. If no request for hearing is filed within the five (5)
day period, the revocation of the permit becomes final.
(3)
The holder of the revoked permit may make written application for
a new permit.
(h)
Examination and condemnation of food.
(1)
A representative of the city shall tag, label, or otherwise identify
any food subject to a hold order. No food subject to a hold order
shall be used, served, or moved from the establishment. The city’s
hold order shall permit storage of the food under the conditions specified
in the hold order, unless storage is not possible without risk to
the public health, in which case immediate destruction shall be ordered
and accomplished.
(2)
A hold order shall state that a request for a hearing may be filed
within five (5) days after issuance thereof and that if no hearing
is requested the food shall be destroyed. On the basis of evidence
produced at that hearing, the hold order may be vacated, or the owner
or person in charge of the food may be directed by written order to
denature or destroy such food or to bring it into compliance with
the provisions of this article.
(i)
Hearings; service of notices.
(1)
The regulatory committee shall conduct the hearing provided for in
these rules at the time and the place designated by the regulatory
authority. Based upon the recorded evidence of such hearing, the regulatory
authority shall make a 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,
license or certificate by the regulatory authority.
(2)
A notice provided for in this article 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 2003-04-02, sec. 2, adopted 4/3/03; Ordinance adopting 2018 Code)
(a)
Generally.
The Texas Department of State Health Services
"Mobile Food Units" rules and regulations, title 25, chapter 228.221
of the Texas Administrative Code, as presently enacted, and as may
be amended from time to time are hereby adopted. A copy of such rules
shall be maintained in the office of the city secretary.
(b)
Mobile food park.
Mobile food unit (MFU).
Property owner.
Special temporary permit.
Stationary mobile food unit.
Vending mobile food unit.
Definitions.
Locations designated for the operation of two or more mobile
food units.
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 and pushcarts ) which
are used to store, prepare, display, serve or sell food. Mobile food
units must retain their mobility at all times. MFUs are sometimes
referred to as food trucks or food trailers.
A person(s), entity or corporation in whom is vested the
ownership or title of real property.
A permit issued to a temporary food service provider that
does not meet the definition of stationary or vending MFU for provision
of food service at a single event or one-time operation.
A vehicle that is designed to prepare food on site and remain
stationary for extended periods of time.
A vehicle that serves prepackaged food and drink and remains
stationary for short periods of time to dispense products.
(c)
Mobile food unit regulations.
(1)
An individual(s) and/or entity(ies) wishing to operate a mobile food
unit shall first obtain an annual permit issued by the city. The permit
fees shall be set annually by the city council in the fee schedule.
(2)
Mobile food units are permitted to be located on a site located in
a properly zoned district and approved by the city. Unless otherwise
approved in the permit, vending MFUs may not remain stopped for a
period of more than 30 minutes in neighborhoods, on any public street,
or public right-of-way.
(3)
An operator of a mobile food unit shall not use stakes, rods, or
any method of support that is required to be drilled, driven, or otherwise
fixed, in asphalt pavement, curbs, sidewalks, or buildings.
(4)
Mobile food units shall not impede access to the entrance or driveway
of any adjacent property or building.
(5)
Mobile food units shall not obstruct sight distance for drivers.
(6)
An operator of a mobile food unit is prohibited from using sound
systems, bells, or music.
(7)
If the operator of a mobile food unit maintains food at a hot holding
temperature by mechanical means, that person shall comply with fire
and explosion safety standards established by the fire marshal.
(8)
If the operator of a mobile food unit uses a pressurized fuel system
or container in conjunction with the mobile food unit, the operator
shall comply with fire and explosion safety standards established
by the city and with all applicable codes.
(9)
All mobile food units shall adhere to the following health and safety
requirements:
(A)
All trash and debris generated by customers and the MFU staff shall
be collected and deposited in a trash container provided by the mobile
food unit and removed daily from the site by the mobile food unit
operator.
(B)
All food, supplies, and related equipment must be stored within the
mobile food unit and all food shall be supplied from an approved source.
(C)
Unless otherwise provided for in the approved permit, a person who
operates a mobile food unit may not place food, equipment, or supplies
related to its operation outside of the permitted unit and must conduct
all of its operational activities within the mobile food unit.
(D)
The permit holder shall provide consumers with disposable single
service articles, such as plastic forks and paper plates.
(E)
The area in and around each mobile food unit must be kept clean and
free of all debris, food, drinks, and any and all trash and/or refuse
which may produce an unsightly and/or unsanitary condition.
(F)
A fire extinguisher shall be located inside each mobile food unit,
with said extinguisher being approved by the city fire marshal.
(G)
Clean public restroom facilities shall be located within 500 feet
from each stationary mobile food unit. The owner(s) and/or entity(ies)
must provide documentation to the city concerning the availability
of such restroom facilities as a condition of the issuance of a permit.
(H)
A mobile food unit must be at least 100 feet away from the door of
a restaurant unless the operator of the mobile food unit has written
permission from the affected restaurant.
(I)
If necessary, to protect against public health hazards or nuisances,
the city may impose specific requirements in addition to those requirements
contained in the City’s Code of Ordinances.
(J)
Hours of operation for any mobile food unit shall not be permitted
between 11:00 p.m. and 7:00 a.m. daily unless a conditional use permit
has been granted.
(K)
Stationary mobile food units must be removed from their location
daily.
(L)
The operator of a mobile food unit shall demonstrate that the vehicle
is readily moveable if requested by the code enforcement officer or
their designee.
(M)
Depositing, dumping or release of any grease into the city’s
sanitary sewer system shall be prohibited. Any such act shall be a
violation of this article and shall be subject to the issuance of
a citation, revocation of the permit and/or injunctive relief by a
court of competent jurisdiction.
(N)
Mobile food units may be provided electricity or may use a portable
generator as long as it does not create noise nuisance.
(O)
Individual(s) and/or entity(ies) operating a mobile food unit on
private property, open space or any city park must have a written
agreement authorizing such operation with the owner of the property.
Each individual and/or entity operating a mobile food unit shall maintain
a copy of the written agreement at their location and produce said
agreement to any city official upon request.
(P)
Stationary mobile food units shall not operate within a residentially
zoned area unless approved by the city.
(Q)
Mobile food units shall have a current state food handler permit,
state food manager’s license and a state sales tax permit. Evidence
of current up to date permits and inspection reports shall be subject
to inspections by the city health official or their designee at any
time.
(R)
Mobile food units shall not provide drive through service of any
kind.
(S)
The operation of any mobile food unit shall be subject to inspections
by the city health official or their designee at any time.
(T)
Any individual(s) and/or entity(ies) obtaining a permit to operate
a mobile food unit is prohibited from transferring any such permit.
(U)
One A-frame advertising sign no larger than ten (10) square feet/face
in area and four feet (4') in height may be displayed adjacent to
the mobile food unit.
(V)
Individual(s) and/or entity(ies) operating a mobile food unit must
maintain proof of valid liability insurance prior to the issuance
of any city permit. Evidence of proof of insurance shall be subject
to inspections by the city health official or their designee at any
time.
(W)
The city mobile food unit permit must be visibly displayed in the
unit.
(X)
The sale of alcoholic beverages by a mobile food unit shall be subject
to city and state regulations.
(d)
Mobile food park regulations.
(1)
A mobile food park shall provide an adequate amount of seating and
shaded seating area for patrons.
(2)
A mobile food park shall provide five (5) parking spaces for each
mobile food unit and shall provide handicapped parking in accordance
with the City’s Code of Ordinances.
(3)
A mobile food park shall provide adequate lighting.
(4)
A mobile food park shall be allowed one A-frame advertising sign
for the mobile food park subject to the city’s sign regulations.
(5)
A mobile food park shall, at all times, have a manager and/or an
individual with authority to speak and make decisions on behalf of
the mobile food park and any and all vendors operation within said
park.
(6)
A certificate of occupancy issued by the city must be obtained prior
to operation of a mobile food park.
(7)
A mobile food park shall have clean portable restrooms and portable
hand washing stations if not located within five hundred feet (500')
of public restrooms. The owner(s) and/or entity(ies) shall provide
documentation to the city concerning the availability of such restroom
facilities prior to the issuance of a permit.
(8)
A mobile food park must be at least one hundred feet (100') away
from the door of a restaurant unless the operator of the mobile food
park has written permission from the affected restaurant. The distance
shall be measured from the park’s closest property line.
(e)
Zoning.
(1)
Unless otherwise approved by the mayor, a mobile food park shall
be permitted to operate in non-residentially zoned districts.
(2)
The operation of a mobile food park shall require a conditional use
permit issued by the city.
(3)
The operation of a mobile food park shall require a site plan approved
by the city.
(4)
City-sponsored events may be exempt from this article.
(Ordinance 2020-10-01 adopted 10/6/20)
