(a) Adoption of state rules.
The city adopts by reference
the provisions of the current rules or rules as amended by the executive
commissioner of the health and human services commission found in
25 Texas Administrative Code, chapter 229, sections 161 through 171
and 173 through 175, regarding the regulation of food establishments
in this jurisdiction.
(b) Definitions.
Food establishment.
A food service establishment, a retail food store, a temporary
food establishment, a mobile food unit, and/or a roadside food vendor.
State rules.
The state rules found at 25 Texas Administrative Code, chapter
229, sections 161 through 171 and sections 173 through 175. These
rules are also known as the Texas Food Establishment Rules.
(Ordinance 447-11, sec. 1, adopted 10/20/11)
A person may not operate a food establishment without a permit
issued by the regulatory authority. Permits are not transferable from
one person or entity to another or from one location to another location,
except as otherwise permitted by this article. A valid permit must
be visibly posted in or on every food establishment regulated by this
article.
(Ordinance 447-11, sec. 2, adopted 10/20/11)
(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) Fees for permits issued under this article shall be as listed in the fee schedule in section
6.03.011.
(Ordinance 447-11, sec. 3, adopted 10/20/11)
(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 such construction,
remodeling or conversion shall be submitted to the regulatory authority
for review before work is begun. Extensive remodeling means that 20%
or greater of the area of the food establishment is to be remodeled
or when equipment required by the rules is to be relocated or removed.
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 regulatory authority
if they meet the requirements of the rules adopted by this article.
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.
(c) Fees for the review of plans shall be as listed in the fee schedule in section
6.03.011.
(Ordinance 447-11, sec. 4, adopted 10/20/11)
(a) Before
a permit is issued, the city or its authorized representative shall
inspect and approve the food establishment. An inspection of a food
establishment shall be performed at least once annually and shall
be prioritized based upon assessment of a food establishment’s
compliance and potential of causing food-borne illness according to
25 TAC 229.171(h).
(b) The
regulatory authority shall classify food establishments as special
priority, high priority, medium priority or low priority, according
to the type of operations, particular foods that are prepared, number
of people served, susceptibility of the population served, history
of violations and any other risk factor deemed relevant to the operation.
(c) Refusal of an owner, manager or employee to allow the authorized representative of the regulatory authority, upon presentation of credentials, to inspect any permitted business or operation therein during normal business hours will result in an immediate suspension of the permit, requiring all permitted activities to abate until after such time as a hearing may be held per section
6.03.007.
(Ordinance 447-11, sec. 5, adopted 10/20/11)
(a) Each
food service establishment shall have at least one person employed
in a managerial capacity possessing a current food manager certificate
approved by the regulatory authority.
(b) Each
food service establishment with six or more employees that is required
to have certified food managers must have at least one certified manager
on-site during all operations.
(c) Every
employee of a food service establishment other than a certified food
manager must maintain a valid food handler certification registered
with the regulatory authority.
(d) Food
handler certification shall be valid for a period of up to three years
as determined by the regulatory authority
(e) Food
manager and food handler certification documentation must be maintained
in the food service establishment and presented upon request by the
regulatory authority.
(Ordinance 447-11, sec. 6, adopted 10/20/11)
(a) The regulatory authority may, without 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. Suspension is effective upon service of the notice required by subsection
(b) of this section. 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 ten 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 hearing is filed within ten days, the suspension
is sustained. The regulatory authority may end the suspension at any
time if reasons for suspension no longer exist.
(Ordinance 447-11, sec. 7, adopted 10/20/11)
(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 days following
service 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.
(b) If
no request for hearing is filed within the ten-day period, the revocation
of the permit becomes final.
(Ordinance 447-11, sec. 8, adopted 10/20/11)
(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 as shown on their
permit application. A copy of the notice shall be filed in the records
of the regulatory authority.
(b) The
hearings provided for in these rules shall be conducted by the regulatory
authority at a time and place designated by it. Based upon the recorded
evidence of such hearing, the regulatory authority 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 regulatory authority.
(Ordinance 447-11, sec. 9, adopted 10/20/11)
(a) Any
person who violates a provision of these 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 these rules and any
responsible officer of that permit holder or those persons shall be
fined not more than $2,000.00.
(b) The
regulatory authority may seek to enjoin violations of these rules.
(Ordinance 447-11, sec. 10, adopted 10/20/11)
(a) Food store:
≤ 5000 sq. ft.: $200.00.
> 5000 sq. ft.: $300.00.
(b) Food service:
≤ 500 sq. ft.: $100.00.
> 500 ≤ 1500 sq. ft.: $150.00.
> 1500 ≤ 3000 sq. ft.: $200.00.
> 3000 ≤ 6000 sq. ft.: $250.00.
> 6000 sq. ft.: $300.00.
(c) Child care food service:
$150.00.
(d) Catering operation:
$250.00.
(e) Food court:
$200.00 per establishment.
(f) Adjunct operation:
(1) Food service: $150.00 per independent operation.
(2) Food store ≤ 5000 sq. ft.: $150.00 per independent operation.
(3) Food store > 5000 sq. ft.: $200.00 per independent operation.
(h) Mobile units:
(1) Prepackaged food only: $100.00.
(2) Open and/or food prep: $200.00.
(i) Plan review:
≤ 500 sq. ft.: $0.00.
> 500 ≤ 3000 sq. ft.: $50.00.
> 3000 sq. ft.: $100.00.
(j) Late fee:
(1) From 1-30 days: 10% of fee owed.
(2) From 31-60 days: 20% of fee owed.
(3) The late fee increases 10% for each 30-day block until the permit
fee and late fee are paid. Permits that are more than 90 days overdue
will be void and required to reapply.
(k) Reinspection fee:
(1) Required reinspection: $75.00.
(Ordinance 447-11 adopted 10/20/11)