City of Desoto, TX FOOD ESTABLISHMENT RULES

Permits.

General.

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.

(2)

Non-profit Organization.

A food establishment operated solely by a non-profit organization is exempt from the permitting requirements of this article, but is not exempt from compliance with state rules. The regulatory authority may require any information necessary to determine whether an organization is non-profit for purposes of this exemption.

(b)

Application for Permit and Fees.

(1)

Application.

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 the information required may result in denial or revocation of the permit. Renewals of permit are required on an annual basis and the same information is required for a renewal permit as for an initial permit.

(2)

Inspection.

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.

(3)

Permit Fees.

(A)

Permit fees, established by resolution of the city council from time to time, for food service permit, retail food store permit, day care permit, and temporary food service permit shall be paid by the applicant. All permits are renewable on January of each year with the exception of the temporary food service permit.

(B)

Food service establishments and retail food stores not in operation on January 1 of any year shall pay permit fees based on 1/12 of the annual fee for each remaining month in the calendar year.

(C)

Religious, non-profit or charitable organizations are exempt from the payment of temporary food service permit fees, but are required to comply with all other provisions of this article.

(c)

Review of Plans.

(1)

Whenever a food establishment is constructed or extensively remodeled or 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 regulatory authority for review before work has begun. Extensive remodeling means that twenty percent (20%) 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 regulatory authority if they meet the requirements of the rules adopted by this article. The approved plans or specifications must be followed in construction, remodeling or conversion.

(2)

Failure to follow the approved plans or specifications will result in a permit denial, suspension, or revocation.

(d)

Suspension of Permit.

(1)

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 eminent hazard to public health. Suspension is effective upon service of the notice required by Section 6.602(d)(2) of this article. When a permit is suspended, food operation shall immediately cease. Whenever a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing within twenty (20) days of receipt of a request for a hearing.

(2)

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 hearing is filed with the regulatory authority by the holder of the permit within ten (10) days. If no request for 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 exists.

(e)

Revocation of Permit.

(1)

The regulatory authority may after providing 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 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 (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 (10) day period.

(2)

If no request for hearing is filed within the ten (10) day period, the revocation of the permit becomes final.

(f)

Administrative Process.

(1)

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.

(2)

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 and 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.

(g)

Employee Responsibilities.

(1)

Any person who does not possess a valid certificate (food handler’s card) of satisfactory completion of an approved course of study in sanitary food handling within thirty (30) days after his or her employment in a food establishment shall not be allowed to continue his or her employment. Every certificate issued hereunder shall remain effective for a period of two (2) years, and may be renewed upon successful completion of additional approved refresher courses. The regulatory authority shall be responsible for conducting or arranging for the conducting of an approved course of study in sanitary food handling, as often as may be reasonably necessary for carrying out the purposes of this article. Persons possessing a valid food service manager certification shall be exempt from this requirement.

(2)

Each applicant for a food handler's card shall pay the City of Desoto a fee established by resolution of the city council from time to time. The food handlers shall pay a fee established by resolution of the city council from to time for replacing a lost, stolen, or damaged food handlers card or food managers certificate.

(3)

Current food handler's cards and/or current food service manager certification for each employee, shall be available at said food service establishment for review by the regulatory authority.

(4)

Food service owners, manager's, and persons in charge of any food service establishment, shall upon request by the regulatory authority provide documentation of the dates of employment of any employee of said establishment.

(h)

Remedies.

(1)

Any person that violates a provision of this article and any person who is a 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 or those persons shall be subject to a fine in accordance with the general penalty provision set forth in Section 1.106 of this code.

(2)

The regulatory may seek to enjoin violations of the rules.

(1995 Code of Ordinances, Chapter 6, Article 6.600, Section 6.602; Ordinance 2081-17 adopted 3/7/17)