ARTICLE 7.04 FOOD ESTABLISHMENTS

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.”

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.

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:”

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.

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.

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.

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.

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.

25 Tex. Admin. Code 229.163(b) of the rules, “Knowledge, demonstration,” is amended to replace “or” with “and”.

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.

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.

Deviation from the approved plans and specifications shall result in a food establishment permit denial, suspension, or revocation.

(e)

Inspections.

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.

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.

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.

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.

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.

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.

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.

The holder of the revoked permit may make written application for a new permit.

(h)

Examination and condemnation of food.

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.

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.

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.

§ 7.04.003 Mobile food units and mobile food parks.

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)

Definitions.

Mobile food park.

Locations designated for the operation of two or more mobile food units.

Mobile food unit (MFU).

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.

Property owner.

A person(s), entity or corporation in whom is vested the ownership or title of real property.

Stationary mobile food unit.

A vehicle that is designed to prepare food on site and remain stationary for extended periods of time.

Vending mobile food unit.

A vehicle that serves prepackaged food and drink and remains stationary for short periods of time to dispense products.

(c)

Mobile food unit regulations.

An individual(s) and/or entity(ies) wishing to operate a mobile food unit shall first obtain an annual health and safety permit issued by the city, and ensure that any property it intends to operate on holds proper zoning permits. The permit fees shall be set annually by the city council in the fee schedule. Only one (1) mobile food unit permit is allowed per applicant, per lot, or per calendar year.

Mobile food units are permitted to be located on a site located in a properly zoned district and approved by the city. A mobile food unit must be located on private property on which is located a permanent structure in which a business is operating in accordance with a certificate of occupancy. Unless otherwise approved in the permit, vending mobile food units may not remain stopped for a period of more than 30 minutes in neighborhoods, on any public street, or public right-of-way, and mobile food units and their customers shall not sell or consume food within any public street, public alley, driveway, or fire lane unless closed to through traffic pursuant to permit issued by the city.

Mobile food units shall be parked and located on a paved surface. Mobile food units will not be allowed to touch, lean against or be affixed temporarily or permanently to any building structure, wall, tree, shrubbery or planting bed. 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.

Mobile food units shall not impede access to the entrance or driveway of any adjacent property or building. A mobile food unit shall not encumber required parking spaces, drive aisles, or fire lanes of the property it is located on, or adjacent properties.

(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. Loudspeakers or loud noises of any kind for the purpose of attracting attention to a mobile food unit is prohibited. Mobile food unit operators shall not hang or display merchandise on trees, umbrellas, or walls, or sell from any other structures located upon any public street, sidewalk, right-of-way, or other public property.

(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. The water supply for a mobile food establishment shall be from an internal water tank which must be filled from an external source when not in operation. Temporary connection of a mobile food establishment to a potable water source while in operation is prohibited.

(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. The city may approve a canopy with table to serve food from the mobile food unit application, provided the operation complies with all of the regulations within this section.

(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, except at a mobile food park, must be removed from their location daily.

(L)

The operator of a mobile food unit shall demonstrate that the vehicle is readily moveable and operable if requested by the code enforcement officer or their designee. A mobile food unit operator shall not alter or modify a mobile food unit or the premises adjacent to the mobile food unit in a manner that would prevent the operation or mobility of the unit.

(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. A tax certificate from the state showing that sales tax is being collected on site, if applicable, shall be included with the mobile food unit application.

(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)

Mobile food unit operators shall only engage in the sale and service of food and beverages. The sale of other products or services from a mobile food unit is prohibited, including but not limited to, smoking/vaping products, sexually explicit and/or drug related paraphernalia, obscene material, sales real estate and vacation packages, marketing and advertising activities, sales of tickets for events, any nonfood vending, and other services or products, unless otherwise approved by the city with issuance of the permit. The sale of alcoholic beverages by a mobile food unit shall be subject to city and state regulations.

(Y)

A mobile food unit shall not be left unattended.

(d)

Mobile food park regulations.

In addition to the regulations for each mobile food unit described in subsection (c), mobile food parks shall be subject to the following regulations:

A mobile food park shall provide an adequate amount of seating and shaded seating area for patrons.

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.

A mobile food park shall provide adequate lighting.

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.

A mobile food unit shall be permitted to operate only in nonresidentially zoned districts, except as provided herein. Any property owner desiring to allow a mobile food unit (operating individually of a mobile food park) intending to operate: (A) on any property for more than one (1) day; and/or (B) on residential property, shall obtain a temporary use permit from the city. The operator of a mobile food unit may apply for the temporary use permit on behalf of the property owner, but must include the signature of the property owner. The mobile food unit shall have a copy of such permit available during operation. Vending mobile food units, including but not limited to ice cream trucks, shall be allowed in residential districts, provided that they are not stopped for longer than thirty (30) minutes when vending.

Unless otherwise approved in the conditional use permit, a mobile food park may be permitted to operate only in nonresidentially zoned districts.

The operation of a mobile food park shall require a conditional use permit issued by the city.