The city council hereby adopts, for the purpose of establishing rules and regulations for food service sanitation, including permits and penalties, the department of state health services, division of food and drugs, Rules on Texas Food Establishments 229.161-229.171 and 229.173-229.175 (state rules), current copies of which may be obtained on the department of state health services website; provided that the words “municipality of” in such state rules shall be understood to refer to the city or its authorized representative. Such state rules are incorporated as fully as if set out at length herein; provided that all amendments to the rules adopted in this article shall take effect and the provisions thereof shall be controlling within the corporate limits of the city.
(2003 Code, sec. 6.601)
The purpose of this article is to safeguard public health and provide to consumers food that is safe, unadulterated, and honestly presented.
(2003 Code, sec. 6.602)
For purposes of this article, certain terms, phrases, words and their derivatives shall be construed as specified in this section, unless the context clearly indicates or requires a different meaning. Where terms are not defined, they shall have their ordinary, accepted meanings within the context with which they are used. Webster’s Third New International Dictionary of the English Language, Unabridged, copyright 1986, shall be considered as providing ordinary, accepted meanings. Words in the singular shall include the plural and the plural the singular. Words used in the masculine gender shall include the feminine and the feminine the masculine.
Food establishment.
(1) 
An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption:
(A) 
Such as a restaurant, retail food store, satellite or catered feeding location, catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people, market, vending location, conveyance used to transport people, institution, day care, public or private school cafeteria, or food bank; and
(B) 
That relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.
(2) 
This definition of a food establishment includes:
(A) 
An element of the operation such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted by the regulatory authority; and
(B) 
An operation that is conducted in a mobile, stationary, temporary, or permanent facility or location; where consumption is on or off the premises; and regardless of whether there is a charge for the food.
Mobile food establishment.
A vehicle-mounted food establishment that is readily moveable.
Mobile food establishment - Cold truck.
A mobile food establishment that only serves food that is pre-prepared, pre-packaged in individual servings, transported and stored under conditions meeting the requirements of this article and the state rules, or beverages that are not potentially hazardous and are dispensed from covered urns or other protected equipment.
Mobile food establishment - Hot truck.
A mobile food establishment that serves food that is not exclusively limited to pre-prepared or pre-packaged in individual servings.
Regulatory authority.
The city code enforcement officer or other authorized agent or employee of the city designated by the city manager.
Temporary food establishment.
A food establishment that operates for a period of no more than three (3) consecutive days in conjunction with a single event or celebration.
(2003 Code, sec. 6.603)
Any person who violates or fails to comply with this article or the provisions of the state 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 this article, and any responsible officer of that permit holder, shall be guilty of a misdemeanor, and upon conviction shall be fined not more than $2,000.00. Each day any violation or noncompliance continues constitutes a separate offense. The regulatory authority may seek to enjoin violation of these rules.
(2003 Code, sec. 6.622)
Food may be examined or sampled by the regulatory authority as often as necessary for enforcement of this article. The regulatory authority may, upon written notice to the owner or person in charge, specifying with particularity the reasons therefor, place a hold order on any food which it believes is in violation of department of state health services Texas Food Establishment Rules, or any other provision of this article. The regulatory authority shall tag, label, or otherwise identify any food subject to the hold order. No food subject to a hold order shall be used, served or moved from the establishment. The regulatory authority shall permit storage of the food under 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. The hold order shall state that a request for a hearing may be filed within ten days and that, if no hearing is requested, the food shall be destroyed. A hearing shall be held if so requested, and on the basis of evidence produced at the 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.
(2003 Code, sec. 6.612)
(a) 
An inspection of a food service establishment shall be performed at least once every six (6) months. Additional inspections of the food establishment shall be performed as often as are necessary for the enforcement of this article.
(b) 
Agents of the regulatory authority, after proper identification, shall be permitted to enter any food establishment at any reasonable time, for the purpose of making inspections to determine compliance with this article. The agents shall be permitted to examine the records of the establishment to obtain information pertaining to food and supplies purchased, received, or used, or to persons employed.
(2003 Code, sec. 6.613)
(a) 
Contents; rating score.
Whenever an inspection of a food establishment is made, the findings shall be recorded on the inspection report form referenced in subsection (b) of this section. The inspection report form shall summarize the requirements of these rules and shall set forth a weighted point value for each requirement. Inspection remarks shall be written to reference, by section number, the section violated and shall state the correction to be made. The rating score of the food establishment shall be the total of the weighted point values for all violations, subtracted from a one hundred (100) point total. A copy of the inspection report form shall be furnished to the person in charge of the food establishment at the conclusion of the inspection. The completed inspection report form is a public document that shall be made available for public disclosure to any person who requests it according to law.
(b) 
Inspection report form.
An inspection report form is based on the requirements of these rules, is adopted by reference, and is on file in the regulatory authority’s office.
(2003 Code, sec. 6.614)
(a) 
Time period for correcting violation.
The inspection report form shall specify a reasonable period of time for the correction of the violation found, and correction of the violations shall be accomplished within the period specified, in accordance with the following provisions:
(1) 
If an imminent health hazard exists, such as complete lack of refrigeration, or sewage backup into the establishment, the establishment shall immediately cease food service operations. Operations shall not be resumed until authorized by the regulatory authority.
(2) 
All violations of four- or five-demerit items shall be corrected immediately.
(3) 
All three-demerit violations shall require immediate corrective action, not to exceed ten days.
(4) 
Other violations require corrective action not to exceed 90 days or the next inspection, whichever comes first.
(5) 
In the case of temporary food service establishments, all violations shall be corrected immediately. If violations are not corrected immediately, the establishment shall immediately cease food service operations until authorized to resume by the regulatory authority.
(b) 
Follow-up inspection.
(1) 
When required.
A follow-up inspection shall be required under the following conditions described below:
(A) 
Lack of potable water.
(B) 
Inadequate amount of refrigeration.
(C) 
Sewage backup.
(D) 
Lack of sanitation, which is defined as a score of 69 or below.
(E) 
Lack of hot water.
(F) 
Extended interruption of electrical or water.
(G) 
Misuse of poisonous/toxic chemicals.
(H) 
Onset of an apparent food-borne disease outbreak.
(I) 
Fire/flood.
(J) 
Failure to exclude an infectious employee.
(K) 
Other conditions which affect public health.
(L) 
Noncompliance issue. Any violation documented in three consecutive inspections will require a follow-up inspection within forty-eight (48) hours.
(2) 
Fee.
Subsections (b)(1)(A) through (L) of this section are also considered substantial health hazards and could result in immediate suspension of a permit. If a follow-up inspection is required a related fee will be assessed, as specified in appendix A of this code, the payment of which is due before the follow-up inspection is initiated. If a follow-up inspection is required and the fee is not paid, the permit will be suspended/revoked.
(c) 
Failure to comply with time limits.
The inspection report shall state that failure to comply with any time limits for corrections may result in cessation of food service operations. An opportunity for appeal from the inspection findings and time limitations will be provided if a written request for a hearing is filed with the regulatory authority within ten (10) days following cessation of operations. If a request for a hearing is received, a hearing shall be held within twenty (20) days of receipt of such request.
(d) 
Reinspection prior to resuming operation.
Whenever a food service establishment is required under the provisions of this rule to cease operations, it shall not resume operations until a reinspection determines that the conditions responsible for the cessation of operations no longer exist. Opportunity for reinspection shall be offered within a reasonable time. The fee for a reinspection shall be as specified in appendix A of this code.
(2003 Code, sec. 6.615; Ordinance 12-03, sec. 39, adopted 2/21/12)
(a) 
Each person working in a food establishment, handling food, shall obtain a valid food handler’s permit. It is an offense for an employee to begin to work or for an employer to hire any person who does not have a food handler’s permit by the beginning of the first day of employment. This permit is to be issued by the county health department in accordance with all requirements for such instruction and/or examinations for disease as the health authority may designate. The permit shall be valid for such a time as the health authority may designate, but not to exceed four (4) years. The permit shall be kept on file by the county health authority, which shall in turn issue to the food handler a card attesting to the validity of the permit.
(b) 
The original or a copy of the food handler’s permit shall be posted or kept on-site by management and made available to the regulatory authority.
(2003 Code, sec. 6.616)
(a) 
Employment of registered food manager.
A food service establishment shall employ at least one person who is a full-time on-site supervisory employee responsible for food preparation and service and who has a valid and current food manager certificate of registration issued by the regulatory authority.
(1) 
A food service establishment is in compliance with this section if there is at least one full-time registered food manager employed in a supervisory capacity.
(2) 
Food service establishments that serve, sell, or distribute only pre-packaged foods are exempt from the provisions of this section.
(b) 
Termination or permanent transfer of registered food service manager.
If a food service establishment cannot meet the requirements of subsection (a)(1) of this section because of the termination or permanent transfer of a registered food service manager, the food service establishment shall:
(1) 
Notify the regulatory authority in writing within ten (10) days of the effective date of termination or permanent transfer of the registered food manager; and
(2) 
Employ another registered food manager or employ a manager currently attending the food manager certification course within twenty (20) days of the effective date of termination or permanent transfer of the previous registered food manager.
(c) 
Requirements for certification course; issuance of certificate.
The regulatory authority shall issue a food manager certificate of registration to any person who submits the required application, pays the required fee, and provides evidence of completion of the food manager certification course. The food manager certification course shall meet the following minimum criteria:
(1) 
The course shall be taught by a person adequately trained in sanitary food handling who:
(A) 
Is a registered professional sanitarian in the state or is registered by the National Environmental Health Association;
(B) 
Possesses an earned four-year (or greater) college degree in the life sciences, food science or nutrition; or
(C) 
Has a combination of formal education and experience which meets the approval of the regulatory authority.
(2) 
The course shall be taught in a formal classroom setting for a minimum of fifteen (15) instructional hours.
(3) 
The course shall require completion of a thorough examination with a score of seventy percent (70%) or greater accepted as passing. The examination may be taken no more than two (2) times unsuccessfully before the applicant is required to repeat the course.
(4) 
The course curriculum shall include the following topics: food temperature requirements, types of food-borne illnesses, food microbiology, infectious diseases transmittable through food, disease reporting, prevention of contamination, vermin control, approved food sources, and personal hygiene of food handlers.
(5) 
Persons successfully completing the course shall be given a written document of certification by the course provider for registration by the regulatory authority.
(d) 
Term or certificate; posting; transfer.
(1) 
A food manager certificate of registration expires three (3) years from the date of issuance unless revoked sooner by the regulatory authority.
(2) 
The food manager certificate of registration issued by the regulatory authority shall be posted in clear view of customers while the registered food manager is on duty at a food service establishment.
(3) 
A food manager certificate of registration may be renewed for a subsequent three-year period if the applicant for renewal, within 30 days before expiration of the current registration, pays to the regulatory authority the required fee and provides evidence that within the six months prior to submitting the application for renewal he has attended a food manager certification course approved by the regulatory authority or has received a passing score on a national examination for certification of food managers that meets the requirements of the United States Food and Drug Administration.
(4) 
A food manager certificate of registration is not transferable.
(e) 
Denial or revocation of certificate.
The regulatory authority may refuse to issue or renew a food manager certificate of registration or may revoke a food manager registration if the applicant or holder:
(1) 
Has been convicted of interfering with the lawful inspection of a food service establishment;
(2) 
Makes a false statement of material fact in the application for registration or renewal of registration; or
(3) 
Was employed as a food manager of a food service establishment where the establishment’s food service permit was suspended two or more times within a two-year period or where the establishment’s food service permit was revoked.
(f) 
Appeals.
The decision of the regulatory authority to deny issuance or renewal or to revoke a food manager certificate of registration may be appealed within ten (10) days of the denial or revocation. A hearing before the regulatory authority shall be conducted at a time and place designated by the regulatory authority. Based upon the recorded evidence of such hearing, the regulatory authority shall make a final finding, and shall either deny or allow issuance, deny or allow renewal, or revoke or maintain a food manager certificate of registration. A written report of the hearing decision shall be furnished by the regulatory authority to the holder of, or applicant for, the food manager certificate of registration.
(g) 
Fees.
The fees for obtaining or renewing a food manager certificate of registration and for replacing a lost, stolen, or damaged certificate of registration shall be set from time to time pursuant to state law.
(2003 Code, sec. 6.617)
When the regulatory authority has reasonable cause to suspect the possibility of disease transmission from any food service establishment employee, the regulatory authority may secure morbidity history of the suspected employee, or make any other investigation as may be indicated, and shall take appropriate action. The regulatory authority may require any or all of the following measures:
(1) 
The immediate exclusion of the employee from all food service establishments;
(2) 
The immediate closing of the food service establishment concerned until, in the opinion of the regulatory authority, no further danger of disease outbreak exists;
(3) 
Restriction of the employee’s services to some area of the establishment where there would be no danger of transmitting disease; and/or
(4) 
Adequate medical and laboratory examination of the employee, of other employees, and of his or her body discharges.
(2003 Code, sec. 6.618)
(a) 
All food establishments must be equipped with a grease trap. A plumbing permit must be obtained by a licensed plumber and the building department prior to installation of the grease trap. Grease traps will be installed and sized in accordance with the city plumbing code, as set forth in article 3.02, division 4 of this code.
(b) 
Grease traps installed in food establishments shall be located outside the establishment unless approved in writing by the building official, the director of public works, the city manager or his authorized representative. A grease trap may not be installed in any part of the building where food is handled. A grease trap shall be located in a manner so that the grease trap is easily accessible for cleaning.
(c) 
All grease trap waste shall be pumped and removed, and its tanks thoroughly cleaned, no less than once every 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) 
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, in compliance with TCEQ requirements and state law.
(2003 Code, sec. 6.619)
(a) 
Equipment.
All food establishments whose cooking equipment is 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 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: cooking equipment, hoods, ducts, fans, fire suppression systems, and 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.
(1) 
The entire exhaust system shall be inspected and cleaned by a properly trained, qualified, and certified company or person(s) acceptable to the regulatory authority. 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 or Volume of Cooking
Frequency
Establishments [Systems] serving solid fuel cooking operations
Monthly
Systems serving high-volume cooking operations such as a 24-hour cooking, charbroiling or wok cooking
Quarterly
Systems serving moderate-volume cooking operations
Semi-annually
Systems serving low-volume cooking operations such as churches, day camps, seasonal businesses, or senior centers
Annually
(2) 
The regulatory officer may require additional cleaning or increase the frequency of cleaning if he deems it necessary to prevent fire hazard. After the exhaust system is cleaned to bare metal, 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 regulatory authority’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 (6) months by properly trained and qualified persons. Certification tags indicating the 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 regulatory authority’s office.
(2003 Code, sec. 6.620)
(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) 
The Heimlich maneuver sign shall meet the following poster requirements:
(1) 
The poster shall be printed on white seventy (70) pound gloss coated cover stock and shall be no smaller than fifteen (15) inches wide by eighteen (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 a contrasting color to remaining color blocks;
(3) 
Major poster headings shall be a minimum Bengeat Bold 72-point font or equivalent;
(4) 
Subheadings shall be a minimum Bengeat Bold Italic 60-point font or equivalent;
(5) 
Remaining subheadings shall be a minimum Bengeat Bold 24-point font or equivalent; and
(6) 
Body copy shall be Helios Bold 14-point font or equivalent.
(2003 Code, sec. 6.621)
(a) 
Food establishments.
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.
(b) 
Mobile food establishments.
A person may not operate a mobile food establishment without a permit issued by the regulatory authority. Permits are not transferable from one person to another, except as otherwise permitted by this article. A valid permit must be posted in or on every mobile food establishment regulated by this article.
(c) 
Temporary food establishments.
Temporary food establishment permits may be obtained for food events held from one (1) to three (3) days.
(d) 
Exemption from fee.
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.
(2003 Code, sec. 6.604)
(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. The applicant shall provide documentation demonstrating that all employees have received either a food handler permit or food manager certification, as set forth in sections 6.04.009 and 6.04.010 of this article. 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) 
The application for a renewal permit and the accompanying fee must be received by the regulatory authority on or before December 31 prior to the calendar year for which the permit is sought. If such application and fee are not received by the date herein specified, the renewal fee due and owing shall be double the normal permit fee as set forth in subsection (d) of this section, as a late penalty for failure to comply with the requirements of this subsection. The charging of such late fee will have no effect on the city’s right to seek criminal penalties permitted by the enforcement provision of this article. Renewal applications shall contain the same information as provided on the application for the 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) 
A fee in the amount specified in appendix A of this code applies to food establishment permits issued under this article. For purposes of ascertaining the size of the establishment area, the dining, kitchen, storage, food preparation and support areas shall be included to determine the total square footage of the establishment area.
(e) 
A fee in the amount specified in appendix A applies to all other permits issued under this article. A nonprofit organization is exempt from the temporary food establishment permit fee; however, a nonprofit organization is required to apply for and obtain a temporary food establishment permit.
(2003 Code, sec. 6.605; Ordinance 12-03, sec. 38, adopted 2/21/12)
(a) 
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 the construction, remodeling or conversion shall be submitted to the regulatory authority for review before construction, remodeling or conversion begins. Extensive remodeling means that twenty percent (20%) or more of the establishment area, as described in section 6.04.042(d), of the food establishment is to be remodeled. The plans and specifications shall indicate the proposed layout, equipment and 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. No food establishment shall be constructed, extensively remodeled or converted except in accordance with plans and specifications approved by the regulatory authority.
(b) 
Failure to follow the approved plans and specifications will result in a permit denial, suspension, or revocation.
(c) 
Whenever plans and specifications are required by subsection (a) of this section to be submitted to the regulatory authority, the regulatory authority shall inspect the food service establishment prior to its beginning operation, to determine compliance with the approved plans and specifications and with the requirements of this article.
(2003 Code, sec. 6.606)
(a) 
The regulatory authority may, without warning, notice, or hearing, suspend any permit to operate a food establishment if the permit holder does not comply with the requirements of this article, if the operation of the food establishment constitutes an imminent hazard to public health or if the operation of the food service establishment otherwise constitutes a substantial hazard to public health. Suspension is effective upon service of the notice, if notice is provided pursuant to section 6.04.046 of this article. When a permit is suspended, food operations 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.
(b) 
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 a hearing is filed with the regulatory authority by the holder of the permit within ten days. If no written request for a 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 exist.
(2003 Code, sec. 6.607)
(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 (10) days following service of the notice unless a written request for a hearing is filed with the regulatory authority by the holder of the permit within the ten-day period.
(b) 
If no request for a hearing is filed within the ten-day period, the revocation of the permit becomes final.
(2003 Code, sec. 6.608)
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 permit holder. A copy of the notice shall be filed in the records of the regulatory authority.
(2003 Code, sec. 6.609)
The hearings provided for in this article shall be conducted by the regulatory authority at a time and place designated by him. 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 by the regulatory authority.
(2003 Code, sec. 6.610)