The definitions; the inspection of food service establishments; the issuance, suspension and revocation of permits to operate food service establishments (licenses); the prohibiting of the sale of unsound or mislabeled food or drink; and the enforcement of this code shall be regulated in accordance with Texas Administrative Code title 25, chapter 228, Texas Food Establishment Rules, a certified copy of which shall be on file in the office of the chief health inspector, except when in conflict with other provisions of this code and provided that the words "regulatory authority" shall be understood to refer to the chief health inspector.
(Ordinance 659 adopted 1/9/1984; 1996 Code, sec. 11-10(2); Ordinance adopting 2023 Code)
The terms of this article shall be enforced by a chief health inspector, any assistant health inspectors that may be appointed, and the city health officer. All references in the provisions adopted above to officials shall be construed to mean their counterparts as set out above.
(Ordinance 659 adopted 1/9/1984; 1996 Code, sec. 11-10(3))
The term "food service establishment" as used in this article shall mean or include any place or establishment occupied, used or maintained for the purpose of selling, offering for sale, exposing for sale, or keeping with intention of selling or manufacturing for sale any food or food product, such as meat markets, butcher shops, ice cream factories, fish markets, bakeries, confectionaries, retail food stores, places for handling, preparation or sale of dairy products or canned or prepared foodstuffs, grocery stores, fruit markets, roadside stands, vegetable stores or stands, fruit or vegetable vendors peddling by wagon or door-to-door, bottlers, brewers, and all similar businesses handling or having to do with foodstuffs, and shall include every room used for the purpose of preparing, handling, distributing, selling, serving, or offering for sale any food products as herein defined, repacking of such foodstuffs, or otherwise handling or distributing any food product, whether raw, cooked or otherwise prepared, ice for human consumption, or any liquid intended as a food or drink for human beings, and all places and premises connected with any such room.
(Ordinance 659 adopted 1/9/1984; 1996 Code, sec. 11-10(4))
(a) 
The annual license fees to cover the cost of inspection of such food service establishments, as set forth in the fee schedule in appendix A of this code, shall be paid in advance upon issuance of such licenses.
(b) 
Upon initial payment of such license fees the proprietor of such food establishment shall be given a copy of the Rules on Food Service Establishments, and shall be required to receipt in writing therefor. Licenses shall be signed by the chief health inspector and attested by the city secretary. Licenses shall expire on the 31st day of December following the date of its issuance, and reapplications must be made by the proprietor of each such food establishment for its renewal past the 1st of January of each year. Applications received after the 1st day of June of any year shall require the proprietor to pay one-half of the stated charge.
(Ordinance 659 adopted 1/9/1984; Ordinance 755 adopted 12/14/1987; 1996 Code, sec. 11-10(5); Ordinance adopting 2023 Code)
(a) 
Employment of infected persons.
No person, firm, corporation, or organization operating or managing any public eating place or any place where food or drink is manufactured, processed, prepared, dispensed, or otherwise handled in such manner or under such circumstances thereof to the consumer shall employ or work any person to handle such products, or utensils, dishes, or serving implements used in connection therewith, who is infected with any transmissible condition or any disease known to be normally communicable through the handling of food or drink. The provisions of this section apply to owner-workers as well as to employees.
(b) 
Handling of food and drink by infected persons.
No person infected with a disease, the condition of which is transmissible to another through the handling of food or drink or who resides in a household with a transmissible case of a communicable disease which may be food-borne, or who is known to be a carrier of the organism causing such disease, and no person having a local infection transmissible through food or drink, shall be employed at any place or vehicle in which food or drink is manufactured, processed, prepared, or dispensed, nor shall any such person at any time handle any food or drink or utensils, dishes, or serving implements used in connection therewith, which may be directly or indirectly for public sale or offered for the use or consumption of another.
(c) 
Physical examination; certificate of physician.
All such persons and employees employed or seeking employment in any of the capacities hereinabove set forth, before such employment, shall secure an adequate examination of themselves by a licensed physician and secure in evidence thereof a certificate signed by such physician stating that such examination had been made and that, to the best of his or her knowledge, the person examined was found, on that date, to be free of any transmissible condition of any disease or local infection commonly transmitted through the handling of food or drink. Such examinations shall be actual and thorough and conducted within the framework of practical scientific procedures for the determination of the existence of communicable disease which may be transmissible through the handling of foods. Such examination shall be made annually thereafter as to each such person and employee and a new certificate secured. The provisions of this section apply to owner-workers as well as to employees.
(d) 
Personal cleanliness of food handlers.
Every person engaged in the handling of food, drink or unsealed containers therefor shall maintain personal cleanliness, shall wear clean outer garments, shall keep his hands clean at all times, and shall thoroughly wash the hands with soap and water after each visit to the toilet. The use (in, on, or about any place where food or drink for public consumption is handled or sold) by two (2) or more persons of any towel before it is thoroughly laundered is hereby declared to be an unsanitary practice and shall constitute a violation of this code.
(Ordinance 659 adopted 1/9/1984; 1996 Code, sec. 11-10(6))
The term "food" shall include all articles used by man for food, drink, flavoring, confectionery, and condiment, whether simple, mixed, or compounded.
(Ordinance 659 adopted 1/9/1984; 1996 Code, sec. 11-10(7))
It is essential in the public interest that the health and welfare of consumers be protected by assuring that meat, meat products, meat food products or prepared meals and dishes consisting of or containing meat of any kind distributed to them are wholesome, not adulterated, and are properly marked, labeled, and packaged and/or inspected as hereinafter provided. No person may sell, offer for sale, or have in his possession with intent to sell, store, or transport for sale any meat, meat products, meat food products, or prepared meals and dishes consisting of or containing meat of any kind which are capable of being used as food for human consumption unless such meat, meat product, or meat food products or meat of any kind used in the preparation of restaurant or catered meals, dishes and prepared food items and the method of its slaughter, fabrication, processing, preparation, transportation, and storage has been inspected and passed (i) by any department of state health services official appointed for that purpose and is so marked by the official inspected and passed legend of the agency responsible for the inspection, (ii) under the approved supervision of the United States Department of Agriculture, Food Safety and Inspection Service.
(Ordinance 659 adopted 1/9/1984; 1996 Code, sec. 11-10(8); Ordinance adopting 2023 Code)
The provisions of article V (Rodent Control) of chapter 15, San Antonio Code, are hereby adopted verbatim by the city as if written out fully herein, except insofar as the same should be inconsistent with other sections of this code. Where the term "director of public health" is used in said article it shall be meant to refer to the equivalent chief health inspector of the city.
(Ordinance 659 adopted 1/9/1984; 1996 Code, sec. 11-10(9); Ordinance adopting 2023 Code)
Each violation of this article shall be punished by a penalty of a fine of not less than $10.00 nor more than $1,000.00. In lieu of prosecution, the chief health inspector or assistant may, in the exercise of reasonable discretion, issue a verbal or written warning.
(Ordinance 659 adopted 1/9/1984; Ordinance 1032 adopted 4/12/1999; 1996 Code, sec. 11-10(10))
There is imposed a reinspection fee for any food establishment or food vendor regulated under this article. Any establishment or vendor that requires an inspection beyond the normal schedule will be charged a one-time charge as set forth in the fee schedule in appendix A of this code for each reinspection. Fees are due upon the reinspection and failure to pay the fee will result in the immediate suspension of the appropriate license. Such suspension will only be lifted at such time as the reinspection fee is paid and violations noted are corrected.
(Ordinance 767 adopted 3/14/1988; 1996 Code, sec. 11-10(12); Ordinance adopting 2023 Code)