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 the Texas Administrative Code regarding the regulation of food establishments in this jurisdiction.
(1976 Code, sec. 16-2; 1998 Code, sec. 66-2; Ordinance 2011-07-001, sec. 2 (66-2), adopted 7/19/11; 2013 Code, sec. 26-2; Ordinance adopting 2021 Code)
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:
Authorized agent or employee
means the employees of the regulatory authority.
Child-care facility
means 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.
Municipality
refers to the city.
Regulatory authority
means the county public health department.
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 rules
means 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)
(a) 
Permit required; transfer; posting.
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 division. A valid permit must be visibly posted in or on every food establishment regulated by this division.
(b) 
Application; fees; renewal.
(1) 
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.
(2) 
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.
(3) 
Fees for permits issued under this division shall be as established by the city council from time to time.
(1976 Code, sec. 16-16; 1998 Code, sec. 66-31; Ordinance 2011-07-001, sec. 3 (66-31), adopted 7/19/11; 2013 Code, sec. 26-25; Ordinance adopting 2021 Code)
(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 percent 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 division. 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 established by the city council from time to time.
(1976 Code, sec. 16-17; 1998 Code, sec. 66-32; Ordinance 2011-07-001, sec. 3 (66-32), adopted 7/19/11; 2013 Code, sec. 26-26; Ordinance adopting 2021 Code)
(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 foodborne illness according to applicable state law.
(b) 
The regulatory authority shall classify food establishments as special priority, high priority, medium priority or low priority, according to:
(1) 
The type of operations;
(2) 
The particular foods that are prepared;
(3) 
The number of people served;
(4) 
The susceptibility of the population served;
(5) 
The history of violations; and
(6) 
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 7.05.007.
(Ordinance 2011-07-001, sec. 3 (66-33), adopted 7/19/11; 2013 Code, sec. 26-27; Ordinance adopting 2021 Code)
The following requirements apply to food manager/food handler education:
(1) 
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.
(2) 
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.
(3) 
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.
(4) 
Food handler certification shall be valid for a period of up to three years as determined by the regulatory authority.
(5) 
Food manager and food handler certification documentation must be maintained in the food service establishment and presented upon request by the regulatory authority.
(1976 Code, sec. 16-18; 1998 Code, sec. 66-33; Ordinance 884-940083-1600, sec. 1, adopted 6/7/94; Ordinance 2011-07-001, sec. 3 (66-34), adopted 7/19/11; 2013 Code, sec. 26-28)
(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 2011-07-001, sec. 3 (66-35), adopted 7/19/11; 2013 Code, sec. 26-29)
(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 2011-07-001, sec. 3 (66-36), adopted 7/19/11; 2013 Code, sec. 26-30)
(a) 
Service of notices.
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) 
Conduct of hearings.
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 2011-07-001, sec. 3 (66-37), adopted 7/19/11; 2013 Code, sec. 26-31)
(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 in accordance with the general penalty provided in section 1.01.009 of this code.
(b) 
The regulatory authority may seek to enjoin violations of these rules.
(c) 
The remedies cited herein are cumulative in nature.
(Ordinance 2011-07-001, sec. 3 (66-38), adopted 7/19/11; 2013 Code, sec. 26-32; Ordinance adopting 2021 Code)