There is hereby established a City of Sanger Health Authority
which shall have the responsibility to permit and inspect all commercial
operations within the corporate limits of the City of Sanger engaged
in the business of preparing, manufacturing, storing or dispensing
food of all types for human consumption, to include but not be limited
to all restaurants, convenience stores, daycare centers, convalescent
or rest homes, public and private schools and individual vendor operations
to include mobile and stationary locations.
(Ordinance 07-26-03 adopted 7/21/03)
The above scope and responsibility is not intended to include
nonprofit operations such as church bazaars, community or philanthropic
activities, fundraising activities and other such events not intended
for individual gain or profit.
(Ordinance 07-26-03 adopted 7/21/03)
(a)
It shall be unlawful for any person, association of persons, firm or corporation as defined in Section 6.401 to operate a food service establishment in the city without having obtained a permit under the terms of this section.
(b)
[1] Any person desiring to operate a food service establishment
shall make written application for a permit at the office of the city
secretary. The application shall include the applicant's full name,
street and post office address, and whether such applicant is an individual,
firm or corporation, and, if a partnership, the names of the partners,
together with their addresses shall be included; the location and
type of the proposed establishment; and the signature of the applicant
or applicants. If the application is for a temporary or seasonal food
service establishment, it shall also include the inclusive dates of
the proposed operation.
(Ordinance 07-26-03 adopted 7/21/03)
(a)
The
applicant shall submit the applicable nonrefundable fee as set forth
in the fee schedule found in the appendix of this code.
(b)
An applicant
shall not, under any circumstances, be entitled to a refund of application
fees after an application has been filed.
(Ordinance 07-26-03 adopted 7/21/03)
(a)
Upon
receipt of an application and payment of the application fee, the
health officer shall make an inspection of the premises where the
business is to be conducted. If the premises comply with the terms
of this article and with all requirements of the zoning ordinance,
other ordinances and state law, a permit shall be issued to the applicant
upon payment of the permit fee. The applicable fees shall be set by
city council by ordinance, and the fee schedule shall be available
for public inspection at the offices of the city secretary or the
health officer. The applicant shall submit the applicable nonrefundable
fee as set forth by city council before a permit will be issued.
(b)
In the
event a food permit application is rejected, the administrator shall
notify the applicant of the rejection in writing. The notice shall
specify the reasons why the permit is denied.
(c)
Permits
shall not be transferable. A person who acquires an existing food
service establishment shall not operate the establishment without
obtaining a new permit within thirty (30) days from the date of the
change of ownership.
(d)
The
manager of each food service establishment shall display a valid permit
in public view in the establishment.
(e)
A permit
will be good until December 31st of the year issued, except that temporary,
seasonal, and provisional permits shall expire in accordance with
their terms.
(Ordinance 07-26-03 adopted 7/21/03)
(a)
A temporary
food service establishment that does not comply with other requirements
of this article or other city ordinances applicable to food service
establishments is permitted if:
(b)
The
term temporary food service establishment shall not include concession
stands which operate at a fixed location in conjunction with scheduled,
community based sporting or recreational events provided:
(1)
The
preparation and serving of potentially hazardous foods shall be restricted
to only those pre-cooked, pre-packaged potentially hazardous food
products that have been properly prepared in accordance with all Texas
Department of Health and local requirements, and are properly stored,
handled, and served in the unopened, original package from said concession
stands. In such instances where potentially hazardous foods are served
from a concession stand, these shall be evaluated on a case by case
basis and a determination shall be made as to requirements.
(c)
A temporary
food service establishment shall not:
(1)
Prepare,
serve, sell or distribute any food not approved in advance by the
health officer.
(2)
Prepare
potentially hazardous food; except, that the establishment may prepare
potentially hazardous food that is approved in advance by the health
officer and does not require substantial preparation prior to consumption
(including, but not limited to, a hamburger or frankfurter) or may
prepare potentially hazardous food that is:
(A)
Obtained by the establishment in individual servings;
(B)
Stored at a temperature of forty-five (45) degrees Fahrenheit (seven
(7) degrees Centigrade) or below or at a temperature of one hundred
forty (140) degrees Fahrenheit (sixty (60) degrees Centigrade or above);
and
(C)
Served to a consumer in the container in which it was originally
packaged.
(3)
Permit
consumption of ice or contact of ice with food unless the ice is:
(5)
Use
water from a source that is not approved as potable.
(d)
A food
service establishment shall:
(1)
Protect
each food and food contact surface from contamination;
(2)
Install
equipment in a way that permits cleaning and sanitizing and that is
not likely to cause adulteration of food;
(3)
Provide
hot and cold water in a quantity sufficient to maintain personal hygiene
of employees and the cleanliness and sanitation of the establishment;
(4)
Provide
a convenient handwashing facility with soap and individual paper towels
for persons preparing and serving food; and
(5)
Comply
with liquid waste disposal ordinances and regulations.
(e)
The
design and structural material of a facility that houses a temporary
food service establishment is subject to approval as safe by the health
officer. A facility must be constructed in a way that protects the
establishment from entrance of outside elements, including, but not
limited to, insects, rodents, dust, or weather. Floors must be constructed
of concrete, asphalt, tight wood, or other similar, easily cleanable
material kept in good repair. If the temporary food service establishment
is outdoors, each food preparation and serving area must have a fire
resistant overhead covering that protects the interior of the facility
from the weather.
(f)
The
size of a counter service opening must be no larger than is necessary
for the particular operation and is subject to approval as safe by
the health officer.
(g)
A temporary
food service establishment shall comply with Section .003 (Food Care)
of the Texas Rules on Food Service Sanitation and any other requirement
that the administrator determines is necessary to protect the public
health or safety and imposes as a condition to the lawful operation
of the establishment.
(Ordinance 07-26-03 adopted 7/21/03)
(a)
A permit
lapses and is void unless the applicable permit fee is received by
the City of Sanger before the expiration date of the existing permit.
(b)
A permit
lapses and is void if the food service establishment operating under
the permit constructs a new facility or changes ownership.
(c)
No permit
shall be renewed unless the applicant has paid the permit fee and
any reinspection fees which have been assessed during the previous
year.
(Ordinance 07-26-03 adopted 7/21/03)
(a)
The
City of Sanger may, after providing opportunity for a hearing, revoke
a permit if the administrator determines that the manager or owner
of a food service establishment has:
(1)
Interfered
with the health officer in the performance of his duties; or
(2)
Been
convicted twice within a twelve-month period for a violation of this
article; or
(3)
Failed
to comply with a hold order or a condemnation order; or
(4)
Failed
to comply, within the time specified, with an order to correct or
abate an imminent and serious threat to the public health or safety;
or
(5)
Intentionally
or knowingly impeded a lawful inspection by the health officer; or
(6)
Been
closed two (2) or more times within a twelve-month period for conditions
that constituted a serious and imminent threat to public health.
(b)
Prior
to revocation, the health officer shall notify the holder of the permit,
or the person in charge of the food service establishment, in writing,
of the reason for which the permit is being revoked and that the permit
shall be revoked at the end of five (5) days following service of
such notice unless a written request for a hearing is filed with the
city by the holder of the permit within such five-day period. If no
request for hearing is filed within the five (5) calendar day period,
a final notice of revocation shall be served. Upon receipt of the
final notice of revocation, the food service establishment shall immediately
cease operation and the permit shall be considered finally revoked.
(Ordinance 07-26-03 adopted 7/21/03)
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
of the food service establishment, 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 city secretary.
(Ordinance 07-26-03 adopted 7/21/03)
If the health officer denies the issuance of a permit or a permit
is finally revoked, the officer shall send the applicant or permit
holder by certified mail, return receipt requested, written notice
of the denial or revocation and of the right to an appeal. The applicant
or permit holder may appeal the decision of the health officer to
a hearing committee by giving written notice to the administrator
within five (5) days of the receipt of the denial or revocation notice.
(Ordinance 07-26-03 adopted 7/21/03)
(a)
A hearing
of the appeal shall be conducted by a committee composed of three
(3) members to be appointed by the city manager. One (1) member shall
be a City of Sanger employee, one (1) member shall be a resident of
the city and one (1) member shall be the city secretary. The hearing
shall be held at a time and place designated by the city manager.
The committee shall hear and consider evidence offered by any interested
person. Based upon the recorded evidence of such hearing, the committee
shall sustain, modify or rescind any notice or order considered in
the hearing by a majority vote. The committee shall provide a written
report of the hearing decision to the holder of the permit.
(b)
The
decision of the committee is final as to administrative remedies,
and no rehearing may be granted. Once the decision of the committee
is final under this section, the applicant or permit holder may appeal
the decision to the state district court or court of appropriate jurisdiction.
(Ordinance 07-26-03 adopted 7/21/03)
Whenever a revocation of a permit has become final, the holder
of the revoked permit may make written application for a new permit.
(Ordinance 07-26-03 adopted 7/21/03)
(a)
Those
individuals employed by contract and whom may be employed by contract
from time to time by the City of Sanger for the purpose of inspecting
food service establishments to determine compliance with its rules
and regulations regarding food service establishment sanitation, are
hereby authorized and allowed to conduct inspections of those food
service establishments within the City of Sanger, Texas to determine
compliance with the rules and regulations of the Texas Department
of Health Rules and Food Service Sanitation and are hereby authorized
and granted the same powers of enforcement as are stipulated under
the rules and regulations of the Texas Department of Health.
(b)
All
required inspections are subject to a fee consistent with the amount
charged to the city to have the inspection performed. The affected
individual business will be billed an amount equal to the inspection
fee.
(c)
The
health officer may inspect any and all things offered for sale, given
in exchange or given away for use as food or drink for human consumption,
and he shall have the authority to enter any food service establishment
in the city, as authorized by law for the purpose of such inspection.
(d)
The
health officer shall conduct an inspection of a food service establishment
at least once every six (6) months. Additional inspections of the
food service establishment shall be performed as often as are necessary
for the enforcement of these rules.
(e)
The
city health officer, after proper identification, shall be permitted
to enter any food service establishment at any time for the purpose
of making inspections to determine compliance with these rules.
(Ordinance 07-26-03 adopted 7/21/03)
Whenever an inspection of a food service establishment or commissary
is made, the health officer shall record the findings on the inspection
report form. The inspection report form shall be the state promulgated
form. The health officer shall furnish a copy of the inspection report
form to the person in charge of the establishment at the conclusion
of the inspection. The completed inspection report form shall be made
available for public disclosure to any person who requests it according
to law.
(Ordinance 07-26-03 adopted 7/21/03)
(a)
The
inspection report form shall specify a reasonable period of time for
the correction of the violations 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 and shall not resume until authorized
by the health officer.
(2)
All
violations of 4 or 5-point weighted items shall be corrected as soon
as possible, but in any event, within the time specified on the inspection
report.
(3)
All
1 or 2-point weighted items shall be corrected as soon as possible,
but in any event by the time of the next routine inspection or any
scheduled reinspection.
(4)
In
the case of temporary food service establishments, all violations
shall be corrected within twenty-four (24) hours. If violations are
not corrected within twenty-four (24) hours, the establishment shall
immediately cease food service operations until authorized to resume
by the health officer.
(b)
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 city within ten (10) calendar 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 the request, in accordance with the provisions of Section 6.411 hereof.
(c)
Whenever
a food service establishment is required under the provisions of this
article to cease operations, it shall not resume operations until
such time as a reinspection determines that conditions responsible
for the requirement to cease operations no longer exist. The health
officer shall offer the opportunity for reinspection within a reasonable
time.
(Ordinance 07-26-03 adopted 7/21/03)
(a)
Any
food service establishment inspected by the City of Sanger which receives
a score of seventy-five (75) or below on any inspection must be reinspected.
(b)
This
reinspection shall be performed in the same manner, using the same
form, as the previous inspection.
(c)
If,
upon subsequent reinspection of the establishment, the health officer
finds that sufficient measures were not taken to bring the score above
a total of seventy-five (75), he will issue a citation and schedule
a date for another reinspection. The health officer shall continue
to perform reinspections until the establishment has made sufficient
progress to warrant a score above seventy-five (75). The issuance
of a citation for failure to meet required score upon reinspection
shall not in any way limit the ability of the inspector to issue any
other citation for any violation of this article.
(d)
Reinspection for failure to meet required score shall be performed on the fourteenth calendar day immediately following the original inspection, or as soon as possible thereafter, except that where an establishment is closed due to a score below sixty (60), pursuant to Section 6.425, the original inspector shall determine the time of the reinspection.
(Ordinance 07-26-03 adopted 7/21/03)
(a)
The
fee for reinspection shall be as set forth in the fee schedule of
the appendix of this code
(b)
A reinspection
fee will be charged for each reinspection necessary to bring the food
establishment's score above seventy-five (75).
(c)
Payment
of the reinspection fee shall not void, or in any way affect, the
responsibility of the owner or permit holder for payment of any fines
for any other violations of this article.
(d)
The
person, partnership, or corporation listed as "owner" on the original
application shall be responsible for payment of any and all fees,
including reinspection fees. The administrator shall send an invoice
requesting payment of the reinspection fee and the permit holder shall
pay within thirty (30) days of the date of the invoice.
(Ordinance 07-26-03 adopted 7/21/03)
The health officer shall have the authority to examine the records
of a food service establishment in order to ensure compliance with
all provisions of this article or of state law.
(Ordinance 07-26-03 adopted 7/21/03)
(a)
It shall
be unlawful for the owner or operator of a drive-in cafe, refreshment
stand or other eating establishment catering to customers who remain
in their automobiles, to permit or allow the premises upon which such
business is located or the adjacent sidewalks or streets, to become
littered with loose paper, paper cups, paper straws, paper napkins
and like items thrown or dropped upon such premises, sidewalks or
streets by customers of such establishments.
(b)
It shall
be the duty of the owner or operator of any business establishment
mentioned in this section to keep the premises, adjacent sidewalks
and streets free and clean of said loose paper, paper cups, paper
straws, paper napkins and like items thrown or dropped by customers
of such business, and it shall be his further duty to prevent such
articles from being blown upon the premises of others. Any owner or
operator who shall permit or allow such litter to be blown upon the
premises of another or onto adjacent streets or highways shall be
guilty of a violation of this section
(Ordinance 07-26-03 adopted 7/21/03)
(a)
A snow-cone
vendor shall have a:
(b)
A snow-cone
vendor may also be required to meet any and all provisions required
for a food service establishment which the administrator deems necessary
to protect the public health and safety.
(Ordinance 07-26-03 adopted 7/21/03)
(a)
A person
may not sell ice cream, frozen desserts or other novelties from a
vehicle before sunrise or after sunset.
(b)
Ice
cream, frozen desserts, and other novelty frozen food items shall
be individually wrapped by the manufacturer before being placed in
the vehicle from which they are sold and shall be sold in the original
wrapping.
(c)
All
vehicles offering ice cream for sale shall have:
(1)
An
automatic flashing device consisting of two lamps at the front of
the vehicle, mounted at the same level and as widely spaced laterally
as possible and displaying simultaneously flashing amber lights, and
two (2) lamps at the rear of the vehicle mounted at the same level
and as widely spaced laterally as possible and displaying simultaneously
flashing amber lights, to be used at all times while each vehicle
is in use for food service or solicitation of sales;
(2)
Signs
in front and rear bearing the word "SLOW" in letters not less than
six (6) inches high; and
(3)
Be
capable of maintaining a constant temperature for food storage and
contain, in a conspicuous place, a thermometer to allow for verification
of temperatures.
(Ordinance 07-26-03 adopted 7/21/03)
(a)
A mobile
unit must have a commissary as a base of operations. Said commissary
must meet all requirements of state law and:
(1)
Be
inspected and permitted by the health officer of the City of Sanger;
(2)
Provide
a copy of its most recent inspection report performed by the Texas
Department of Health or the local health authority with competent
jurisdiction over the commissary or base of operations; and
(3)
Provide
any other documentation deemed necessary by the administrator to enable
the administrator to enforce this article or otherwise protect the
public health and safety.
(b)
All
mobile units originating from or serving food within the city must
have a valid food service permit, which must be kept in the vehicle
at all times. The permit must bear the name of the registered owner
of the truck and truck license plate number.
(c)
The
operator of a truck must protect food from contamination and keep
truck clean and free of rust and corrosion.
(d)
All
trucks must be identified using the same name that is on the permit.
(e)
All
condiments and spices, such as salt, pepper, sugar, catsup, mustard,
mayonnaise, sauces, non-dairy creamer, etc., must be served in single-serving
containers. No bulk dispensers, bottles or cans shall be permitted.
(f)
All
single-service tableware must be individually wrapped in plastic.
(g)
The
applicant for a food permit for a mobile unit shall present an inspection
report to the consumer health division. This inspection shall have
been made by the regulatory authority with jurisdiction or the Texas
Department of Health, if the location of the commissary is outside
the corporate limits of Sanger, Texas.
(h)
Sewage,
wastewater and solid waste must be disposed of according to law.
(i)
The
wastewater tank outlet must be lower than the inlet to the potable
water supply.
(j)
Mobile
units shall provide a route plan upon request.
(Ordinance 07-26-03 adopted 7/21/03)
(a)
All
catering operations based in the City of Sanger shall comply with
all state rules, laws, and local ordinances. A person shall not engage
in a catering operation unless the service is affiliated with a food
service establishment operating from a fixed facility that is permitted
by the appropriate health authority.
(b)
The
base of operations for a catering operation shall be physically separate
from a residential home and shall be a permanent, fixed location.
(c)
The
health officer may inspect a catering operation at any time.
(Ordinance 07-26-03 adopted 7/21/03)
(a)
A food
service establishment operating one or more outdoor smoker units shall:
(1)
House
each smoker unit in an enclosure of adequate size to allow for the
free movement of personnel around equipment and other fixtures.
(2)
Ensure
that the enclosure shall conform to any and all applicable City of
Sanger ordinances including building codes, fire codes, and zoning
regulations; and
(i)
Walls of the enclosure shall be constructed of solid material or
screen material not to exceed 16 mesh per inch.
(ii)
The roof shall be constructed of a nonpermeable material which is
water resistant as well as fire resistant, and shall be sloped to
allow for proper drainage.
(iii)
Floors shall be constructed of asphalt, cement, or tight fitting
wood which has been sealed so as to be nonabsorbent and easily cleanable.
(iv)
All outer openings shall be tightly sealed so as to prevent flies
and other insects from entering the food preparation area.
(3)
Ensure
that all food preparation activities comply with Sec. 003 "Food Care"
of the Texas Rules on Food Service Sanitation, except that:
(i)
In instances where sinks are not provided, the operator shall set
up containers to be used for sanitizing hands and food service utensils.
Hand sanitizers shall be provided at a strength of not less than 200
p.p.m. and utensil sanitizer shall be at a strength of not less than
100 p.p.m.
(ii)
A thermometer shall be provided in the interior of the smoker unit
to measure air temperature inside the unit, and a food thermometer
shall also be provided to measure the internal temperatures of meats
during the cooking and holding process to insure compliance with temperature
requirements.
(Ordinance 07-26-03 adopted 7/21/03)
(a)
Posting
of Notice.
Whenever the regulatory authority finds any
building or place used for the storage, manufacture or sale of food
or drink for human consumption, or the methods or practices used therein
to be so filthy or unsanitary as to endanger the public health, it
shall be his or her duty to post a notice of such conditions at the
entrance of such buildings or place and to maintain the same until
such conditions of practices have been removed or abated.
(b)
Closing.
The regulatory authority shall close any building or place described
in this article and prevent its use for the storage, manufacture or
sale of food or drink for human consumption until such place or building
is put in such condition and so used as to eliminate the danger to
the public health only after notifying the building official in said
city.
(Ordinance 07-26-03 adopted 7/21/03)
The following shall apply when food establishments are remodeled
or constructed:
(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 of Sanger
for review and approval by the regulatory authority before construction,
remodeling or conversion is begun. The plans and specifications shall
indicate the proposed layouts, arrangements, mechanical plans and
construction materials of work areas and the type and model of proposed
fixed equipment and facilities. The regulatory authority shall approve
the plans and specifications if they meet the requirements of the
rules of food service sanitation. No food establishment shall be constructed,
extensively remodeled or converted except in accordance with plans
and specifications approved by the regulatory authority.
(2)
Whenever
plans and specifications are required to be submitted to the City
of Sanger and regulatory authority, the regulatory authority shall
inspect the food establishment prior to its beginning operation to
determine compliance with the approved plans and specifications and
with the requirement of these rules.
(Ordinance 07-26-03 adopted 7/21/03)
All facilities covered under this article at the time of adoption
shall be exempt from the application fee, and further all facilities
covered under this article at time of adoption and having a bona fide
permit issued by the Denton County Health Department of the State
of Texas shall have those permits honored by the Sanger Authority
until their respective expiration date.
(Ordinance 07-26-03 adopted 7/21/03)
The Texas Food Establishment Rules on Food Service by the Texas
Department of Health, Bureau of Food and Drug Safety Retail Foods
Division are hereby adopted as the minimum standards for food service
operations within the corporate limits of the City of Sanger, Texas;
provided however, that in said rule the words "Municipality of Sanger"
shall be understood to refer to the City of Sanger, Texas, and the
words "regulatory authority" shall be understood to refer to the City
of Sanger Health Authority. A copy of the Texas Food Establishment
Rules hereby adopted shall be on file in the office of the city secretary.
(Ordinance 07-26-03 adopted 7/21/03)
