(a) 
Regulations adopted.
There is hereby adopted by reference title 25, part 1, chapter 229, subchapter K, section 229.161, et seq. the Texas Administrative Code, “Texas Food Establishments,” as amended, which regulate food service establishments and are referred to as the “Texas Food Establishment Rules” and chapter 431, “The Texas Food, Drug and Cosmetic Act,” chapter 437, “Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors” and chapter 438, “Public Health Measures Relating to Food” of the Texas Health and Safety Code. The Texas Food Establishment Rules are hereby incorporated as if fully set forth herein. A copy of the Texas Food Establishment Rules shall be kept on file in the office of the town secretary.
(b) 
Cottage food production operations.
To the extent set forth in chapter 437 of the Texas Health and Safety Code and in title 25, part 1, chapter 229, subchapter K, section 229.661, a cottage food production operation is exempt from the requirements of this article; provided, however, that the town has authority to act to prevent an immediate and serious threat to human life or health. The town shall maintain a record of a complaint made by a person against a cottage food production operation. An individual who operates a cottage food production operation must have successfully completed a basic food safety education or training program for food handlers accredited under subchapter D, chapter 438 of the Texas Health and Safety Code. A cottage food production operation is required by state regulations to meet certain labeling requirements as set forth in title 25, part 1, chapter 229, subchapter EE, section 229.661(d). Cottage foods must be packaged and labeled in accordance with state law and rules.
(c) 
Potentially hazardous foods.
State law prohibits a cottage food production operation from selling to consumers potentially hazardous foods. In this subsection, “potentially hazardous food” means a food that requires time and temperature control for safety to limit pathogen growth or toxin production. The term includes a food that must be held under proper temperature controls, such as refrigeration, to prevent the growth of bacteria that may cause human illness. A potentially hazardous food may include a food that contains protein and moisture and is neutral or slightly acidic, such as meat, poultry, fish, and shellfish products, pasteurized and unpasteurized milk and dairy products, raw seed sprouts, baked goods that require refrigeration, including cream or custard pies or cakes, and ice products. The term does not include a food that uses potentially hazardous food as ingredients if the final food product does not require time or temperature control for safety to limit pathogen growth or toxin production.
(d) 
Bed and breakfast limited.
To the extent set forth in chapter 437 of the Texas Health and Safety Code and in title 25, part 1, chapter 229, subchapter K, section 229.162, a bed and breakfast limited is exempt from the requirements of this article.
(Ordinance 2014-30 adopted 10/7/14)
All definitions in Health and Safety Code sections 431.001, et seq., 437.001, et seq., and 438.001, et seq., as amended, as well as in title 25, chapter 229, subchapter K of the department of state health services regulations, “Texas Food Establishments,” are hereby adopted. In addition, the following definitions shall apply in this article:
Commissary letter.
A written and notarized statement, provided by a central preparation facility that displays the vehicle identification number of the mobile food establishment and states that the mobile food establishment receives food, supplies and/or cleaning and servicing from that facility.
Concession stand.
A food establishment operated on a seasonal basis for the purpose of providing food at supporting events associated with an independent school district, university, community college, nonprofit organization, privately owned school, or the town.
Limited food establishment.
An operation that is required by any regulatory agency to be inspected by the local regulatory authority, but which does not meet the definition of food establishment or bed and breakfast limited, as provided in this article.
Mobile food vendor (“vendor”).
A person who owns, operates or sells food from:
(1) 
A stationary cart, or trailer mounted on chassis;
(2) 
Any mobile vehicle, with or without an engine;
(3) 
A pushcart providing foods other than pre-packaged, non-potentially hazardous foods; or
(4) 
Any mobile food establishment as defined in Texas Administrative Code section 229.162.
Regulatory authority.
The person designated as health inspector by the town, the town manager or his/her designee.
Texas Food Establishment Rules (TFER).
The Texas Food Establishment Rules promulgated by the department of state health services and located in title 25, part 1, chapter 229, subchapter K, sections 161–178 of the Texas Administrative Code, as amended.
(Ordinance 2009-10-13C adopted 10/13/09)
(a) 
Permit requirement, renewal, exemption.
It shall be unlawful to operate a food establishment in the town unless the food establishment pays a permit fee set by the fee schedule, found in appendix A of this code and possesses a valid food establishment permit issued by the town. A permit expires one year after issuance and may be renewed with payment of a renewal permit fee. Notwithstanding the foregoing, a food establishment that is a nonprofit organization as defined by Texas Business Organizations Code section 22.001(5) is exempt from the requirement to obtain a food establishment permit.
(b) 
Posting.
A valid permit shall be posted in public view in a conspicuous place at the food establishment for which it is issued.
(c) 
Permit nontransferable.
A permit issued under this article is not transferable. Upon change of ownership of a business, the new business owner will be required to meet current standards set forth in this article, by state law or regulation before a permit is issued.
(d) 
Multiple permits.
(1) 
A separate permit shall be required for every fixed, mobile, or temporary food establishment with separate and distinct facilities and operations, as determined by the regulatory authority, whether situated in the same building or at separate locations.
(2) 
Separate and distinct lounge operations in a food facility require a separate permit from food operations. However, multiple lounges on the same floor in the same building and under the same liquor license will not require a separate permit.
(e) 
Suspension of permit.
The regulatory authority may, without warning, notice, or hearing, suspend a permit if the operation of a food establishment does not comply with the requirements of this article, state law or regulation, or otherwise constitutes an imminent hazard to public health. A food establishment inspection report is sufficient to serve as notice of a suspended permit.
(f) 
Public notice of suspended permit.
When a permit is suspended, food operations shall immediately cease. The regulatory authority shall post and maintain at the food establishment’s entrance, the regulatory authority’s notice of the conditions therein, or require the owner, operator, or person in charge of the food establishment to post and maintain at the establishment’s entrance notice that the food establishment is closed.
(g) 
Reinspection authorized.
A permit holder may request reinspection once compliance with this article is met. Reinspection must be performed by the regulatory authority prior to reinstating a suspended permit. The holder of the suspended permit may request reinspection by submitting a written request to the regulatory authority within ten (10) days of the notice of suspension and by paying the reinspection fee set by the fee schedule, found in appendix A of this code. The regulatory authority may require additional reinspection if compliance is not met. The regulatory authority may end the suspension at any time if the conditions prompting the permit’s suspension no longer exist and all fees and fines have been paid.
(Ordinance 2014-30 adopted 10/7/14)
(a) 
Food manager certification requirements.
(1) 
A food establishment handling open food shall have at least one (1) certified food manager on duty during all hours of operation.
(2) 
A food establishment shall provide proof of food manager certification to the regulatory authority prior to opening the establishment.
(3) 
A food establishment shall have thirty (30) days to meet the certified food manager requirement upon the transfer or termination of a certified food manager.
(4) 
In the event of a change in ownership of a food establishment, the new owner/operator of a food establishment shall provide proof to the regulatory authority that the appropriate number of certified food managers will be on duty within thirty (30) days of the change of ownership.
(5) 
A concessionaire or temporary food establishment must have a certified food handler on duty during all hours of operation.
(b) 
Expiration.
(1) 
A food manager certificate is valid for five (5) years from the date issued unless revoked by the regulatory authority prior to the expiration date.
(2) 
A food handler certificate is valid for two (2) years from the date issued unless revoked by the regulatory authority prior to the expiration date.
(c) 
Bed and breakfast limited.
For purposes of this article, a bed and breakfast limited is not a food service establishment if it is a bed and breakfast establishment with seven or fewer rooms for rent that serves only breakfast to its overnight guests. The owner/operator of a bed and breakfast limited is required under state law to successfully complete a food manager’s certification course approved by the town. A bed and breakfast establishment that provides food service other than to overnight guests is a food service establishment for purposes of this article and is subject to all rules and regulations applicable to a food service establishment.
(Ordinance 2009-10-13C adopted 10/13/09; Ordinance 2014-30 adopted 10/7/14)
(a) 
Condiments and baked goods.
Condiments provided for the customer’s use, such as relish, sauces, catsup, mustard, etc., shall be shelf stable and shall be dispensed as single-serving packets or from squeeze-type containers. Baked goods, not protected from contamination by the use of counter or service line food guards, or stored in display cases, shall be portioned and wrapped prior to sale.
(b) 
Grease trap/interceptor.
A grease trap/interceptor located upon the premises of a food establishment must be one hundred percent (100%) pumped out at least the earlier of (i) once every ninety (90) days; or (ii) when grease, sediment, or oil is visible in the grease trap/interceptor effluent. A grease trap/interceptor shall be completely evacuated a minimum of four times yearly, unless otherwise allowed by the regulatory authority. If there is evidence that the fats, oil, and grease discharge exceeds one hundred (100) mg/l, the regulatory authority shall require the owner/operator of a food establishment to test effluent at the owner’s sole expense. Samples shall be collected in the presence of the regulatory authority and under the regulatory authority’s direction. Testing of the samples shall be conducted at a nationally certified laboratory utilizing methods approved by the Environmental Protection Agency.
(c) 
Waste disposal.
The owner of a food establishment shall enter into a contract with a licensed waste hauler to provide for regularly scheduled servicing and shall not self-clean a grease trap/interceptor. Unless authorized by the regulatory authority, grease shall not be stored outside. Documentation of liquid waste disposal shall be kept on file for one (1) year in the food establishment. If an owner/operator fails to produce documentation, the regulatory authority shall require the owner/operator to test effluent at the owner’s sole expense. Samples shall be collected in the presence of the regulatory authority and under the regulatory authority’s direction. Testing of the samples shall be conducted at a nationally certified laboratory utilizing methods approved by the Environmental Protection Agency.
(d) 
Hand washing facilities.
Hand cleansing soap or detergent in a sanitary dispenser shall be available near each lavatory. A dispenser containing sanitary towels or a hot air hand drying device shall be located near each lavatory. If sanitary disposable towels are used, easily cleanable waste receptacles shall be located near the hand washing facilities. Bar soap is expressly prohibited.
(e) 
Refuse collection area.
Covered refuse containers must be provided, made of nonabsorbent material, and rodent-proof. Food waste shall be securely bagged. Only articles necessary for the operation and maintenance of a food establishment and its exterior, which are designated for recycling or disposal, may be stored in an enclosure area for refuse, recyclables or returnables, but only when the storage does not create a rodent harborage problem. Refuse collection areas, recycling servicing, and refuse servicing shall be approved by the regulatory authority.
(f) 
Storage.
Only articles necessary for the operation and maintenance of a food establishment and its exterior may be stored on the premises, but only when the storage does not create a rodent harborage problem and does not violate this article, the town code, or state law or regulation.
(Ordinance 2009-10-13C adopted 10/13/09)
(a) 
Submission of plans.
When a fixed food establishment is constructed, extensively remodeled; modifications, additions, or reductions are made to a fixed food establishment; or when an existing structure is converted into a fixed food establishment, properly prepared plans and specifications for such construction, remodeling, or conversion shall be submitted to the regulatory authority prior to commencement of work. Extensive remodeling means that twenty percent (20%) or greater of the area of the fixed food establishment is to be remodeled.
(b) 
Required submissions.
The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans and construction materials of work areas, and the type and model of proposed fixed equipment and facilities. The owner/operator shall ensure during plan review, construction, and operation that the equipment and facilities of a fixed food establishment comply with all applicable plumbing, mechanical, electrical, building, zoning, and fire prevention and protection codes. In addition, the equipment and facilities of a fixed food establishment shall include the following:
(1) 
Equipment and utensils shall be of commercial quality and must meet or exceed National Sanitation Foundation standards or their equivalent;
(2) 
Auxiliary equipment such as water heaters, remote connected refrigerator compressors, and air conditioners shall be located outside food preparation areas;
(3) 
At least one (1) three-compartment sink, regardless of whether a mechanical warewashing machine is proposed, shall be required to wash and sanitize equipment and utensils;
(4) 
A grease separator designed to be serviced manually shall not be allowed. Unless otherwise allowed by the regulatory authority:
(A) 
A grease trap/interceptor shall be installed in a fixed food establishment;
(B) 
A grease trap/interceptor shall be located in an area easily accessible for cleaning, operation, and maintenance; and
(C) 
A grease trap/interceptor shall not be located within an area where food is held, prepared, stored, or transferred.
(5) 
At least one (1) utility sink or curbed cleaning facility equipped with a floor drain and supplied with hot and cold water by means of a mixing valve. The water supply shall be protected by a backflow prevention device installed in compliance with the plumbing code and the environment code. The cleaning facility shall be used for cleaning mops or similar wet floor cleaning tools and for the disposal of mop water and similar liquid waste. The use of lavatories, utensil or equipment washing sinks, or food preparation sinks for such utility purposes is expressly prohibited;
(6) 
At least one toilet shall be provided solely for employee use, in addition to the number of toilets required by state law or regulation;
(7) 
Floors that are water flushed for cleaning, or that receive discharges of liquid from equipment or pressure sprays, shall be constructed of sealed concrete, terrazzo, ceramic tile, or similar material and be graded to a properly installed trapped floor drain;
(8) 
Sawdust, wood shavings, peanut hulls, or similar material are expressly prohibited as a floor covering in dining areas;
(9) 
An outdoor storage area for refuse, recyclables or returnables shall be constructed for a fixed food establishment. The outdoor storage area shall be enclosed such that the area is shielded from public view and shall be completely constructed of masonry, unless otherwise approved by the regulatory authority;
(10) 
Outdoor receptacles and waste handling units for refuse, recyclables or returnables shall be designed and constructed to have tight-fitting lids, doors, or covers and shall be placed within an approved outdoor storage area enclosure. All outdoor receptacles and waste handling units shall be approved by the regulatory authority prior to installation or use;
(11) 
Any outdoor walking and driving areas must comply with the standards set forth in section 14.02.690 [sic] of division 14 “commercial planned development district” of article 14.02.
(c) 
Approval of plans.
No food establishment shall be constructed, extensively remodeled, or converted except in accordance with plans and specifications approved by the regulatory authority.
(d) 
Preoperational inspection.
The regulatory authority shall inspect a food establishment prior to its beginning operation to ensure compliance with approved plans and specifications and with the requirements of this article. The owner/operator of a food establishment must pay a preoperational inspection fee as set by the fee schedule, found in appendix A of this code. Failure to follow the approved plans and specifications will result in denial, suspension or revocation of a permit.
(Ordinance 2009-10-13C adopted 10/13/09)
(a) 
Limited operating area, limited duration of operation.
A mobile food establishment shall not operate at one location for a period of time exceeding fifteen (15) minutes. A mobile food establishment shall not operate in a location in violation of the comprehensive zoning ordinance, or which otherwise violates the town code.
(b) 
Central preparation facility requirement.
(1) 
Supplies, cleaning and servicing operations.
A mobile food establishment shall operate from a central preparation facility or other fixed food establishment and shall report to this location for supplies, cleaning, and servicing.
(2) 
Written proof of agreement to receive such services from a central preparation facility, in the form of a commissary letter or other documentation approved by the regulatory authority, shall be submitted to the regulatory authority upon application for a permit. The commissary letter or other required documentation shall be kept on file and updated when changing a central preparation facility, or as deemed necessary by the regulatory authority.
(3) 
The central preparation facility shall be inspected by the regulatory authority of the jurisdiction in which they are located. The certificate of such inspection shall be submitted upon application for a permit. The certificate shall be kept on file in the mobile food establishment.
(c) 
Permit requirement, renewal, exemption.
(1) 
A mobile food establishment may not operate within the town without a valid permit and payment of the permit fee set by the fee schedule, found in appendix A of this code. A permit is not transferable and expires one year after issuance and may be renewed with payment of a renewal permit fee. The following documents shall be submitted with the completed permit application:
(A) 
A commissary letter or equivalent;
(B) 
Proof of valid liability insurance coverage for the mobile food establishment covering the duration of the requested permit;
(C) 
The vendor’s valid driver’s license;
(D) 
Written consent to a background check;
(E) 
A copy of a certified food manager’s certificate; and
(F) 
Any other documents requested by the town in the interest of public health. In addition, the vendor of a mobile food establishment on which food is prepared, processed, or reheated must have one (1) certified food manager present at the mobile food establishment during all hours of operation and shall provide documentation of certification to the town upon application for a permit. Once all required documentation is submitted and approved, a mobile food establishment shall be inspected by the town. The town shall not issue a permit unless the applicant complies with this article and pays the permit and inspection fees
(2) 
Notwithstanding the foregoing, a mobile food establishment that is a nonprofit organization as defined by Texas Business Organizations Code section 22.001(5) is exempt from the requirement to obtain a mobile food establishment permit.
(Ordinance 2009-10-13C adopted 10/13/09; Ordinance 2014-30 adopted 10/7/14)
(a) 
Application requirements.
Any person desiring to operate a food establishment must submit a written permit application on forms provided by the regulatory authority. An application for a temporary food establishment must be received by the regulatory authority at least ten (10) days prior to a proposed event. An incomplete application will not be accepted. Failure to provide all required information or to meet the deadline for submission of a temporary permit, or falsification of required information may result in denial or revocation of a temporary permit.
(b) 
Fee required.
A food establishment permit is not valid unless the owner/operator pays the applicable permit fee set by the fee schedule, found in appendix A of this code.
(c) 
Renewal.
Renewal of a valid permit requires a written permit renewal application on forms provided by the regulatory authority. A permit renewal is required on an annual basis, except where otherwise stated. An incomplete renewal application shall not be accepted. A permit renewal shall not be issued until all outstanding fines and fees, including reinspection fees, permit renewal late fees, and plan review fees, have been paid.
(d) 
Limited food establishment.
Any person desiring to operate a limited food establishment must obtain a permit and pay the permit fee as specified in section 6.06.003 of this article and set by the fee schedule found in appendix A of this code. Notwithstanding the foregoing, instead of obtaining a permit under this article, a person intending to prepare, produce, or serve food at a temporary event governed by article 6.08 or at a farmers’ market governed by article 6.09 must obtain a permit to the extent required by said articles under the procedures set forth in said articles.
(e) 
Exemptions.
(1) 
A food establishment operated by a public entity, such as an independent school district, university, community college, or the town, may be exempt from paying the food establishment permit fee for a temporary event, if the exemption is approved by the town.
(2) 
A food establishment that is a nonprofit organization as defined by Texas Business Organizations Code section 22.001(5) is exempt from the requirement to obtain a permit for a temporary event.
(f) 
Validity.
A permit issued by the regulatory authority shall be valid unless it is suspended, revoked or expires. A permit of the type concession shall expire at the end of the sporting season for which they are permitted except that a concession stand owned, operated, and maintained by a single public entity, such as an independent school district, university, community college, or the town, shall be permitted on an annual basis. A permit of the type temporary shall expire on the last day of the event for which they are issued, but under no circumstances shall exceed fourteen (14) calendar days. All other permits shall expire annually on the date one (1) year from the date of issuance. The regulatory authority shall assess a permit renewal late fee of fifty percent (50%) of the permit fee on any annual permit that is renewed within thirty (30) days following expiration. A permit renewal received after thirty (30) days following the expiration date shall be assessed a permit renewal late fee of one hundred percent (100%) of the annual permit fee. The assessment of this late fee shall not release a food establishment from any other fee or fine imposed under this article.
(Ordinance 2009-10-13C adopted 10/13/09; Ordinance 2014-30 adopted 10/7/14)
(a) 
Service of notice.
A notice required by this article is properly served when it is personally delivered to the permit holder or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the address on the submitted permit application. A copy of the notice shall be filed in the records of the regulatory authority.
(b) 
Notification of hearing.
Whenever a notice of a permit suspension or revocation is given, such notice shall: (i) include the reason the permit is subject to suspension or revocation; (ii) inform the permit holder that the permit shall be revoked at the end of the ten (10) days following service of such notice if a hearing is not requested; (iii) inform the permit holder of an opportunity for a hearing prior to revocation; and (iv) inform the permit holder of the procedures to request a hearing. Unless a request for a hearing is submitted by the permit holder within ten (10) days of the date of the notice, the permit’s revocation shall be final.
(c) 
Permit revocation.
The regulatory authority may, after providing notice and an opportunity for a hearing, revoke a permit for serious or repeated violations of this article for interfering with the regulatory authority’s performance of his/her duties.
(d) 
Conduct of hearing.
The hearings provided for in this article shall be conducted at a time and place designated by the regulatory authority. Based upon the evidence of such hearings, the regulatory authority shall make a final finding, and may sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the permit holder by the regulatory authority within fourteen (14) days following the date the hearing was held.
(e) 
Appeal.
Any permit holder who wishes to dispute the decision of a regulatory authority may appeal the decision to the town manager. The appeal shall be filed in writing within ten (10) days of the date of the notice of suspension or revocation to the town manager. The town manager shall attempt to hear the appeal within thirty (30) days after notice of the appeal. The town manager shall have the power to modify, rescind or reverse a decision of the regulatory authority where he finds that such a reversal will not affect the health and/or welfare of the public. All decisions of the town manager or his/her designee shall be subject to review by the town council at one of its regularly scheduled meetings. The decision of the town manager shall be final unless reversed by the town council. The town council’s failure to take action upon any such appeal shall constitute approval of the decision by the town manager.
(f) 
Application after revocation.
Once a permit’s revocation is final, the holder of the revoked permit may make written application for a new permit to the regulatory authority.
(Ordinance 2009-10-13C adopted 10/13/09)
(a) 
Administrative penalty.
The town health officer may impose an administrative penalty on a person or establishment that the town requires to hold a permit under this article or under article 6.08 or 6.09 or if the person or establishment violates this article or violates article 6.08 or 6.09 or any regulations adopted under said articles.
(b) 
Amount of administrative penalty.
The amount of the penalty may not exceed $500.00 per day, and each day a violation continues or occurs is a separate violation for the purpose of imposing a penalty. The procedures for imposing a penalty and the opportunity for judicial review shall be as set forth under section 437.0185 of the Texas Health and Safety Code.
(c) 
Criminal offense/penalty.
A person commits an offense if the person operates a food service establishment, retail food store, mobile food unit, or roadside food vendor without a permit required by the county or public health district in which the entity is operating. A criminal offense under this section is a class C misdemeanor. Each day on which a criminal offense occurs constitutes a separate offense.
(Ordinance 2014-30 adopted 10/7/14)
(a) 
Variance required.
A food establishment with an outdoor patio under its exclusive ownership or control may apply to the town manager or his or her designee for a variance modifying or waiving the prohibition against dogs on the premises of a food establishment contained in title 25, part 1, chapter 229, subchapter K, section 229.167(p)(15) of the Texas Administrative Code. The food establishment shall apply for the variance on a form provided by the town and shall include in the application all of the information required by title 25, part 1, chapter 229, subchapter K, section 229.171(c)(2) of said code. The application shall be accompanied by a nonrefundable variance application fee set by the fee schedule, found in appendix A of this code. A variance granted under this section is nontransferable.
(b) 
Procedure.
The town may grant a variance, as authorized in title 25, part 1, chapter 229, subchapter K, section 229.171(c) of the Texas Administrative Code, by modifying or waiving the requirements of section 229.167(p)(15) of said code.
(c) 
Compliance.
A food establishment granted a variance shall comply with any conditions or standards for the variance established by the town or this article.
(d) 
Revocation.
The town shall deny or revoke a variance if:
(1) 
The application for variance contains a false statement as to a material matter.
(2) 
The food establishment does not hold a valid permit issued under this article.
(3) 
The town determines that a health hazard or nuisance will result or has resulted from the variance;
(4) 
The food establishment failed to pay a fee required under this article at the time it was due; or
(5) 
The food establishment is in violation of any term or condition of the variance as established by the town, this article, or state law.
(e) 
Notice of revocation appeal.
If the town denies or revokes a variance the town shall notify the applicant in writing by personal service or regular United States mail. The notice must include the reasons for the denial or revocation and a statement informing the applicant of the right to appeal the decision in accordance with section 6.06.009 of this article.
(f) 
Minimum conditions and standard.
If the town grants a variance allowing dogs to be present in the outdoor patio area of a food establishment, then the food establishment shall comply with the following conditions and standards in addition to any other conditions and standards established by the town for the variance:
(1) 
Except as allowed under state law relating to service or patrol dogs, no dog may be present inside the food establishment or on any playground area of the food establishment.
(2) 
A separate entrance must be provided from the outside of the food establishment to the outdoor patio so that a dog will have direct access to the patio without entering the interior of the food establishment or any playground area of the food establishment. A dog may not be allowed within seven (7) feet of any entrance to the interior of the food establishment, except when necessary to enter or exit the patio.
(3) 
Doors equipped with self-closing devices must be provided at all entrances to the outdoor patio from the interior of the food establishment, and must be kept closed when not in use.
(4) 
No food preparation may be performed in the outdoor patio area, except that a beverage glass may be filled on the patio from a pitcher or other container that has been filled or otherwise prepared inside the food establishment. This restriction does not apply to a bar serving alcoholic beverages where all ice and any food items must be covered at all times
(5) 
The outdoor patio must be continuously maintained free of visible dog hair, dog dander, and other dog-related waste or debris. The outdoor patio must be hosed down or mopped with a product that sanitizes the patio surface at the beginning of each shift during which food or beverages will be served (breakfast, lunch, dinner, or late-hours), except that cleaning under this subsection is not required if no dog has been present on the outdoor patio since the last cleaning.
(6) 
All table and chair surfaces shall be non-porous, easily cleanable material and cleaned with a product that will sanitize said surfaces.
(7) 
Spilled food and drink shall be removed from the floor or ground within five (5) minutes of the spill.
(8) 
Waste created from a dog’s bodily functions must be cleaned up with a product that will sanitize the surface that any such waste contacted within five (5) minutes after each occurrence. All dog waste must be disposed of outside of the food establishment in an appropriate waste receptacle. Equipment used to clean the outdoor patio must be kept outside of the food establishment.
(9) 
While on duty, wait staff or other food handlers at the food establishment may not pet or have contact with any dog.
(10) 
A dog must be kept on a leash, or in a secure bag or container specifically designed to carry and provide continuous restraint of dogs while providing adequate ventilation, and remain under continuous physical control of the customer while in the outdoor patio area. The dog must be wearing a collar or harness with a current rabies tag attached to it.
(11) 
A dog is not allowed on a seat, table, countertop, or similar surface in the outdoor patio area.
(12) 
A dog is not allowed to have contact with any dishes or utensils used for food service or preparation at the food establishment.
(13) 
A dog may not be given any food (including, but not limited to, dog kibble, biscuits, and edible treats) while in the outdoor patio area, but may be given water in a disposable container or a container clearly marked as a dog dish.
(14) 
The food establishment shall maintain written procedures to notify the town’s local health authority of any local rabies control incident as required by article 2.02 of chapter 2 of this code.
(g) 
Violations, penalty.
Food establishments or persons that do not obtain a variance as required under this section may not allow dogs on the premises of the food establishment; provided, however, that this section shall not apply to service or patrol dogs allowed under state law or rules. Any violation of this section shall subject a violator to penalties as set forth in section 6.06.010 of this code.
(Ordinance 2014-30 adopted 10/7/14)