The city adopts by reference the provisions of the Texas Food Establishment Regulations of the Texas Board of Health which are found in 25 Texas Administrative Code, Chapter 228, regarding the regulation of food establishments in this jurisdiction, as such rules currently exist, and as they are amended from time to time.
(Ordinance 320 adopted 11/23/15)
Whenever an inspection of a food service establishment is made, the findings shall be recorded on the inspection report entitled Food Service Establishment Inspection Report. The inspection report form shall summarize the requirements of this division 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 establishment shall be the total of the weighted point value for all violations, subtracted from 100.
(1996 Code, sec. 46-137)
(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. Operations shall not be resumed until authorized by the health officer.
(2) 
All violations of 4- to 5-point weighted items shall be corrected as soon as possible, but in any event within ten days following inspection. A follow-up inspection shall be conducted to confirm correction.
(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.
(4) 
When the rating score of the establishment is less than 60, the establishment shall initiate corrective action on all identified violations within 48 hours. One or more reinspections will be conducted at reasonable time intervals to assure correction.
(5) 
In the case of temporary food service establishments, all violations shall be corrected within 24 hours. If violations are not corrected within 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 health officer within ten days following cessation of operations. If a request for a hearing is received, a hearing shall be held within 20 days of receipt of that request.
(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. Opportunity for reinspection shall be offered within a reasonable time.
(1996 Code, sec. 46-138)
Every food service establishment shall provide its employees with at least one restroom, with associated handwashing facilities, conveniently located within the establishment. Food service establishments with five or more employees on duty at one time shall provide two restrooms, one for each sex. Whenever alcoholic beverages are provided or whenever sit-down service is provided to customers, at least two restrooms, one for each sex, shall be available for public use.
(1996 Code, sec. 46-139)
Use of tobacco in any form is prohibited inside food service establishments in all public areas accessible to the general public. Operations of the food service establishment shall otherwise comply with the terms of article 10.03 regarding smoking and tobacco products.
(1996 Code, sec. 46-140)