(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.
(b) 
A food establishment operated solely by a nonprofit 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 nonprofit for purposes of this exemption.
(Ordinance 1042, sec. III, adopted 6/2/08; 2008 Code, sec. 22-41)
(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. Renewals of permits are required on an annual basis and the same information is required for a renewal permit as for an initial permit.
(b) 
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.
(c) 
There shall be an annual permit fee in the amount set forth in the fee schedule in appendix A of this code for all food establishments.
(Ordinance 1042, sec. IV, adopted 6/2/08; 2008 Code, sec. 22-42; Ordinance adopting 2020 Code)
(a) 
One certified food manager must be employed by each permitted food establishment. Certification must be obtained by passing an examination approved by the Texas Department of Health and meeting all requirements in V.T.C.A., Health and Safety Code, section 438.101 et seq., and 25 Tex. Admin. Code, part 1, sec. 228.31.
(b) 
The original food manager certificate should be posted in a location in the food establishment that is conspicuous to the consumer.
(c) 
Exemptions from subsection (a) of this section are establishments that handle only prepackaged food and do not prepare or package food; child-care facilities, as defined by V.T.C.A., Human Resources Code, section 42.002; establishments that do not prepare or handle exposed potentially hazardous foods as defined in 25 Tex. Admin. Code, section 228.33 or nonprofit organizations as defined in 25 Tex. Admin. Code, section 229.371(9).
(Ordinance 1042, sec. V, adopted 6/2/08; 2008 Code, sec. 22-43; Ordinance adopting 2020 Code)
Whenever a food establishment is constructed or extensively remodeled and whenever an existing structure is converted to be used 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 is initiated. The plans and specifications will be approved by the regulatory authority if they meet the requirements of the rules adopted by this article and applicable building codes of the city. All construction, remodeling or conversion must comply with the approved plans and specifications. A failure to comply with the approved plans and specifications will result in the denial, suspension or revocation of a health permit.
(Ordinance 1042, sec. VI, adopted 6/2/08; 2008 Code, sec. 22-44)
(a) 
The regulatory authority may, without prior 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. When a permit is suspended, food operations shall immediately cease and remain suspended as long as such conditions exist.
(b) 
If an imminent health hazard exists, including but not limited to lack of refrigeration, sewage backup into the facility, fire damage, loss of electricity, or lack of a water supply under pressure, the establishment shall immediately cease food service operations. Operations shall not be resumed until authorized by a health officer.
(c) 
Following suspension of the permit, the operation of the food establishment shall immediately be discontinued until the defects which caused the suspension have been corrected.
(d) 
Following correction, the applicant shall request a reinspection be made. If the defects are corrected, the health officer may order the reinstatement of the permit.
(Ordinance 1042, sec. VII, adopted 6/2/08; 2008 Code, sec. 22-45)
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 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 the serving 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.
(Ordinance 1042, sec. VIII, adopted 6/2/08; 2008 Code, sec. 22-46)
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.
(Ordinance 1042, sec. IX, adopted 6/2/08; 2008 Code, sec. 22-47)