In addition to the definitions contained in the rules adopted by reference under section
7.05.001, the following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Child-care facilitymeans a facility keeping more than 12 unrelated children that provides care, training, education, custody or supervision for children under 15 years of age who are not related by blood, marriage or adoption to the owner or operator of the facility, for all or part of the day, whether or not the facility is operated for profit or charges for the service it offers. Nonprofit facilities will be required to make application for a permit and meet current requirements but are exempt from payment of the permit fees.
Food establishment.(1) The term “food establishment” means a food service establishment, a retail food store, a temporary food establishment, a mobile food unit and/or a roadside food vendor; every place where food or drink is manufactured, packaged, produced, processed, transported, stored, sold, commercially prepared, or otherwise handled, whether offered for sale, given in exchange or given away for use as food or furnished for human consumption.
(2) The term “food establishment” does not apply to private homes where food is prepared or served for guests or individual family consumption; the location of commercially packaged single-portion nonpotentially hazardous snack items and wrapped candy sold over the counter is excluded.
Service of notice.The notice provided for in these rules shall be deemed properly served upon the earlier of delivery to the holder of the permit or the person in charge, or the date when mailed by registered or certified mail, return receipt requested, to the last known address of the holder of the permit.
State rulesmeans the state rules known as the Texas Food Establishment Rules.
(1976 Code, sec. 16-3; 1998 Code, sec. 66-3; Ordinance 2011-07-001, sec. 2 (66-3), adopted 7/19/11; 2013 Code, sec. 26-3; Ordinance adopting 2021 Code)