[1]
Editor’s note–Ordinance 589-16, sec. 2, adopted February 16, 2016, repealed article 6.03 in its entirety and set out a new article to read as herein set out. Former article 6.03, secs. 6.03.001– 6.03.003, 6.03.031–6.03.036, pertained to food establishments and derived from Ordinance 420-09, secs. 1(A), 1(B), 3-7, 11, adopted September 15, 2009; and Ordinance 435-10 adopted April 20, 2010.
(a) 
The City of Aubrey adopts by reference the provisions of the current rules or rules as amended by the Texas Board of Health found in 25 Texas Administrative Code, Chapter 228, and Chapter 229, Subchapter FF, as amended, regarding the regulation of food establishments and farmers’ markets in this jurisdiction.
(b) 
Definitions.
The words “authorized agent or employee” mean the employees of the City of Aubrey.
The words “food establishment” mean a food service establishment, a retail food store, a temporary food establishment, a mobile food unit, and/or a roadside food vendor.
The words “City of Aubrey” in this ordinance shall be understood to refer to the City of Aubrey.
The words “state rules” mean the state rules found at 25 Texas Administrative Code, Chapter 228, and Chapter 229, Subchapter FF, as amended. These rules are also known as the Texas Food Establishment Rules.
The words “regulatory authority” shall mean the City of Aubrey.
(Ordinance 589-16, sec. 2, adopted 2/16/16)
(a) 
A person may not operate a food establishment or farmers’ market without a permit issued by the City of Aubrey. Permits are not transferrable from one person to another or from one location to another location, except as otherwise permitted by this ordinance. A valid permit must be posted in or on every food establishment or farmers’ market regulated by this ordinance.
(b) 
A food establishment or farmers’ market operated solely by a nonprofit organization is exempt from the permitting requirements of this ordinance, but is not exempt from compliance with state rules. The City of Aubrey may require any information necessary to determine whether an organization is nonprofit for purposes of this exemption.
(Ordinance 589-16, sec. 2, adopted 2/16/16)
(a) 
Any person desiring to operate a food establishment or farmers’ market must make a written application for a permit on forms provided by the City of Aubrey. 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 City of Aubrey shall inspect the proposed food establishment or farmers’ market to determine compliance with state laws and rules. A food establishment or farmers’ market that does not comply with state laws and rules will be denied a permit or the renewal of a permit.
(c) 
The following fee schedule applies to permits issued under this article: See [App. A, art. A4.000].
(Ordinance 589-16, sec. 2, adopted 2/16/16)
(a) 
Whenever a food establishment or farmers’ market is constructed or extensively remodeled and whenever an existing structure is converted to use as a food establishment or farmers’ market, properly prepared plans and specifications for such construction, remodeling or conversion shall be submitted to the City of Aubrey for review before work is begun. Extensive remodeling means that 20 percent or greater of the area of the food establishment or farmers’ market 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 City of Aubrey if they meet the requirements of the rules adopted by this ordinance. The approved plans and specifications must be followed in construction, remodeling or conversion.
(b) 
Failure to follow the approved plans and specifications will result in a permit denial, suspension, or revocation.
(Ordinance 589-16, sec. 2, adopted 2/16/16)
(a) 
The City of Aubrey may, without warning, notice, or hearing suspend any permit to operate a food establishment or farmers’ market if the operation of the food establishment or farmers’ market constitutes an imminent hazard to public health. Suspension is effective upon service of the notice required by section 6.03.005(b) of this ordinance. 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 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 City of Aubrey by the holder of the permit within ten days. If no written request for hearing is filed within ten days, the suspension is sustained. The City of Aubrey may end the suspension at any time if reasons for suspension no longer exist.
(Ordinance 589-16, sec. 2, adopted 2/16/16)
(a) 
The City of Aubrey 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 City of Aubrey in the performance of its duties. Prior to revocation, the City of Aubrey 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 service of such notice unless a written request for a hearing is filed with the City of Aubrey by the holder of the permit within such ten-day period.
(b) 
If no request for hearing is filed within the ten-day period, the revocation of the permit becomes final.
(Ordinance 589-16, sec. 2, adopted 2/16/16)
(a) 
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 City of Aubrey.
(b) 
The hearings provided for in these rules shall be conducted by the City of Aubrey at a time and place designated by it. Based upon the recorded evidence of such hearing, the City of Aubrey 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 City of Aubrey.
(c) 
The City of Aubrey may seek to enjoin violations of these rules.
(Ordinance 589-16, sec. 2, adopted 2/16/16)
Any person, firm, or corporation who violates any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction therefore shall be fined not more than $500.00 per day, and each day a violation continues or occurs is a separate violation; provided, however, that nothing contained herein shall preclude the municipality of bringing suit for injunction or other equitable or legal remedy for the prevention of any threatened violation of this article.
(Ordinance 589-16, sec. 2, adopted 2/16/16)