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 228 and chapter 229, regarding the regulation of food establishments in this city.
(Ordinance 2018-10, sec. 34.000.001, adopted 4/9/18)
When used in this article, the following words and terms, unless the context indicates a different meaning, shall be interpreted as follows:
Adopted by reference.
All definitions included in the regulations adopted.
City health inspector.
The health inspector of the health department of the city or his/her designee.
Employee.
Any person working in a food service establishment including individuals having supervisory or management duties.
Food.
Any raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use, either in whole or in part, for human consumption.
Food establishment.
(1) 
Any place which offers, produces, or stores food for consumption in single or larger portions or quantities, including but not limited to food service establishments, retail food stores, food processing establishments, commissaries, warehouses and food itinerants whether such operations be mobile or operate from a fixed location and whether there is a charge of a direct and/or indirect nature or said food is given away without a charge. This term does not apply to the following:
(A) 
Private homes where food is prepared, served or stored for individual family consumption.
(B) 
Religious organizations that serve their own membership and immediate guests and other structured groups of persons who gather occasionally for fellowship and society that provide the food from amongst their membership.
(2) 
For the purpose of assessing fees, the term does not include the following operations and/or establishments, provided that the operations of the former do not expose the public to a substantial and imminent health hazard as determined by the city health inspector or his/her authorized representative and provided such establishment obtains a permit from the health department of the city:
(A) 
Temporary food establishments which operate at a fixed location for a period of time not to exceed forty-eight (48) hours in conjunction with a single event or celebration provided that such temporary food establishments are both owned and operated by nonprofit organizations based within the city.
(B) 
Concession stands which operate at a fixed location in conjunction with scheduled, community-based sporting or recreational events provided:
(i) 
Such establishments are both owned and operated by nonprofit organizations based within the city.
(ii) 
The preparation and serving of potentially hazardous food shall be restricted to only those precooked, potentially hazardous food products requiring limited preparation such as heating, seasoning, and serving.
(iii) 
This restriction does not apply to any prepackaged, potentially hazardous food product that has been properly prepared and packaged in accordance with all department of state health services and local requirements and is properly stored, handled, and served in the unopened, original package from said concession stands.
(C) 
Establishments which handle only fresh, unprocessed fruits, nuts, and vegetables whether such establishments operate from a fixed location or are mobile in nature.
Health department.
The health department of the city.
Mobile food itinerant.
Any place of a mobile nature which offers food for consumption in single or larger portions or quantities, including but not limited to fruit or vegetable stands, and including food sales from vehicles, and any other mobile facility. All rules applying to mobile food units, as defined herein, shall apply to this classification.
Mobile food unit.
A vehicle-mounted food service establishment or a food service establishment pulled behind a vehicle to be readily movable.
Potentially hazardous food.
Any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustaceans or other ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxicogenic microorganisms.
Priority classification.
For the purpose of assessing permit fees and frequency of inspections, the following definitions shall apply:
(1) 
Low priority.
A food establishment that sells only prepackaged hazardous foods, prepares and/or serves only non-potentially hazardous beverages or foods with minimal handling, or other factors as determined by the health inspector or his/her authorized representative which would require the establishment be inspected on a low priority basis.
(2) 
Medium priority.
A food establishment that prepares, serves, or sells foods from precooked ingredients with limited handling, or other factors that require that establishment be inspected on a medium priority frequency basis, such as a retail grocery store, sandwich shop, seasonal fast food, produce market, ice cream shop, bakery or candy store.
(3) 
High priority.
A food establishment that prepares, serves or sells foods from raw meats or seafood, extensively handles foods, serves a highly susceptible population, or other factors that require that the establishment be inspected at the high priority frequency basis, such as a full-service restaurant, fast food restaurant, seafood market, fresh meat market, delicatessen, caterer, hospital food service, or nursing home food service.
Regulatory authority.
The health department of the city.
Re-inspection.
Inspection to determine compliance with applicable health regulations.
Rules and regulations.
Texas Food Establishment Rules of the department of state health services, bureau of food and drug safety. A copy of those rules are made a part hereof. Such rules and regulations are adopted and shall be in full force and effect within the city limits.
Seasonal food service.
An establishment which operates for no more than four (4) consecutive months (one hundred and twenty (120) days in a twelve-month calendar year), and is restricted to non-potentially hazardous food.
Temporary food service.
An establishment which operates for no more than fourteen (14) consecutive days.
(Ordinance 2018-10, sec. 34.000.002, adopted 4/9/18)
Any person, firm, association of persons, company, corporation or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined, upon conviction, in accordance with the general penalty provision set forth in section 1.01.009 of this code, and each day any violation or noncompliance continues shall constitute a separate and distinct offense. The penalty herein shall be cumulative of other remedies provided by state law and the power of civil enforcement and injunction as provided in sections 54.012 through 54.019, Local Government Code, and as may be amended, may be exercised in enforcing this article whether or not there has been a complaint filed.
(Ordinance 2018-10, sec. 34.000.003, adopted 4/9/18)
It shall be unlawful for any person or firm to operate any food establishment as defined in section 7.02.002 within the corporate limits of the city unless such operation is done in conformance with the requirements of this article.
(Ordinance 2018-10, sec. 34.000.004, adopted 4/9/18)
The city health inspector or his/her authorized representative is hereby authorized to issue a permit to any person or firm making application for a food establishment permit in the city provided that the person or firm complies with the requirements of this article.
(Ordinance 2018-10, sec. 34.000.005, adopted 4/9/18)
It shall be unlawful for any person or firm to operate a food establishment without a permit.
(Ordinance 2018-10, sec. 34.000.006, adopted 4/9/18)
(a) 
Application for such permit as required in this division shall be made in writing to the city health inspector or his/her authorized representative upon forms prescribed and furnished by the city.
(b) 
Plans and specifications for review are required as follows:
(1) 
Prior to construction, extensive remodeling or conversion of an existing structure to be used as a food establishment, a complete set of plans and specifications for review under the building code and administratively coordinated and made available to the fire marshal and the health inspector or his/her authorized representative for review under the provisions of the fire code and this division, and no construction of a food establishment shall take place nor will a building permit be issued prior to the approval of the submitted plans and specifications by the specified city officials. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, and construction materials or work areas, and the type or make of proposed fixed equipment and facilities. Construction according to the specifications which have theretofore been submitted and approved by the city health inspector or his/her authorized representative must be commenced within six (6) months of the said approval date and completed within twelve (12) months of commencement, or the plans must be resubmitted for plan review and be subject to the current city requirements.
(2) 
Projects which, at the time of approval, are of such size or which are planning to use equipment that cannot be delivered and installed within this eighteen (18) months may apply to the city health inspector for a waiver of this review at the time of original submission, but not thereafter.
(3) 
Whenever plans and specifications are required to be submitted to the city, the city shall inspect the food establishment prior to its beginning operations to determine compliance with the approved plans and specifications and with the requirements of this article.
(Ordinance 2018-10, sec. 34.000.007, adopted 4/9/18)
(a) 
Standards for issuance.
The city health inspector or his/her authorized representative shall issue a permit if he/she determines that:
(1) 
The technical review of plans and specifications is in compliance with applicable laws and this article;
(2) 
The fees adopted by the city and all other applicable fees have been paid; and
(3) 
By means of physical inspection, the food establishment is determined to be in compliance with this article.
(b) 
Transfer.
Every permit issued under the provisions of this division shall be nontransferable. A food establishment shall permit the operation of the establishment only at the location for which application is made.
(c) 
Display.
Any permit granted under the provisions of this division shall remain in full force and effect and displayed in a conspicuous place for inspection by the city health inspector or his/her authorized representative for the term allowed according to permit category and type as defined in this section, unless suspended and/or revoked for cause.
(d) 
Failure to renew permit.
Any food establishment that fails to renew any permit issued under the provisions of this division by the expiration date of said permit and continues to operate without a valid permit shall be assessed twenty-five dollars ($25.00) for each day of operation of that establishment, plus any other penalties provided in this article. Such assessments and/or penalties shall be paid along with the required permit fees before a valid permit will be reissued.
(e) 
Permit categories.
Permit categories are authorized as provided herein:
(1) 
Food service establishment;
(2) 
Food store;
(3) 
Food service within a food store;
(4) 
Mobile food itinerant; and
(5) 
Mobile food unit.
(f) 
Term of permit.
Permit types for each former category are authorized as provided herein:
(1) 
Annual permit: 12 months’ term length;
(2) 
Seasonal permit: 4 consecutive months, not to exceed one hundred and twenty (120) days in length; and
(3) 
Temporary permit: Up to fourteen (14) consecutive days in length.
(g) 
Certificate categories.
(1) 
Food service manager; and
(2) 
Food service employee.
(Ordinance 2018-10, sec. 34.000.008, adopted 4/9/18)
(a) 
Before a permit is issued, an applicant shall pay the fee(s) adopted by the city, except temporary food establishments, concession stands, and establishments which handle only fresh, unprocessed fruits, meats and vegetables.
(b) 
The following permits shall expire annually on December 30 and must be renewed on January 1 of each calendar year:
(1) 
Food service establishment high priority;
(2) 
Food service establishment medium priority;
(3) 
Food service establishment low priority;
(4) 
Temporary food service establishment;
(5) 
Seasonal permit; and
(6) 
Mobile food unit.
(c) 
Applicable fees may be prorated at fifty percent (50%) for permits issued on or after the first (1st) day of May.
(Ordinance 2018-10, sec. 34.000.009, adopted 4/9/18)
(a) 
The city health inspector or his/her authorized representative is authorized to enter upon any private property and to enter any establishment subject to the provisions of this division for the purpose of determining compliance with this article and for the purpose of determining the identity of the owner, operator, manager or supervisor thereof and all persons employed therein.
(b) 
Before a permit is issued, the city health inspector or his/her authorized representative shall inspect and approve the food establishment areas to be used. 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 section 228.249(b) of the Texas Administrative Code.
(c) 
The city health inspector shall classify food establishments as 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, and any other risk factor deemed relevant to the operation.
(d) 
Additional inspections of the food establishment shall be performed as often as necessary for the enforcement of this article.
(e) 
Refusal of an owner, manager or employee to allow the city health inspector or his/her authorized representative, 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 the hearing required in section 7.02.011(e). Nothing herein or therein shall require notice of suspension of [for] this violation.
(f) 
In the event that the city health inspector or his/her authorized representative should have cause to believe that a business required to be permitted under this division is operating without a permit (or has failed to renew such permit) and refuses entry, during normal business hours, then the city health inspector or his/her authorized representative may apply to the municipal court for an inspection warrant of the suspect premises upon the filing of a probable cause affidavit and compliance with the state Code of Criminal Procedure. If an inspection warrant is granted by the municipal court, the city health inspector or his/her authorized representative may be assisted in service thereof by the police department, or such other law enforcement agencies as are deemed necessary to obtain entry.
(g) 
The city health inspector or his/her authorized representative may also be accompanied during inspection by the building/code official and/or fire marshal or his/her designee.
(Ordinance 2018-10, sec. 34.000.010, adopted 4/9/18)
(a) 
Enforcement procedures.
The city health inspector or his/her authorized representative may establish enforcement procedures to insure compliance with this article and which are consistent with the regulations adopted herein, including but not limited to written warnings, compliance time limits, permit suspension and permit revocation.
(b) 
Correction of violations.
The inspection report form shall specify a reasonable period of time for the correction of the violations found, and correction of the violations shall be accomplished within the period specified, in accordance with the following provisions:
(1) 
If an imminent hazard exists, because of an emergency such as a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of apparent food-borne illness outbreak, gross unsanitary occurrence or condition, or other circumstance that may endanger public health, the permit holder shall immediately discontinue operations and notify the health department. If a business is closed for any of the above-mentioned violations, a closure sign shall be posted in public view and cannot be removed or covered in any way; said sign shall state that the business was closed by the health department and shall not reopen until such time as the violations or repairs have been completed and a re-inspection has been completed by a health inspector. Health inspectors are the only persons authorized to remove the sign once it has been posted in accordance with this subsection.
(2) 
A permit holder shall, at the time of inspection, correct a critical violation and implement corrective actions. Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the health inspector may agree to or specify a longer timeframe, not to exceed ten (10) calendar days after the inspection, for the permit holder to correct critical control point violations.
(3) 
All noncritical violations shall be corrected by a date and time agreed to or specified by the health inspector, but no later than 90 calendar days after the inspection.
(4) 
In the case of temporary food establishments, all violations shall be corrected within a time specified by the regulatory authority, but in any event not to exceed twenty-four (24) hours following the inspection.
(c) 
Re-inspection.
(1) 
To determine corrected imminent health hazards as defined in the regular inspection.
(2) 
To determine compliance with plan review after initial inspection and prior to issuance of a permit.
(3) 
Re-inspection fee: One-half (1/2) the cost of one permit fee.
(d) 
Compliance with time limits.
The inspection report shall state that failure to comply with any time limits for correction may result in cessation of food sale and/or service operations. An opportunity for a formal administrative hearing is provided for in subsection (e).
(e) 
Suspension of permit.
(1) 
The city health inspector or his/her authorized representative may, without notice or hearing, suspend any permit authorized herein if the holder of this permit does not comply with the requirements of this article, or if the operation otherwise constitutes a substantial hazard to the public health. When 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 notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the city by the holder of the permit, within ten (10) days. The permit holder shall be afforded a hearing within ten (10) days of the date on which the city is in receipt of the written request for said hearing.
(2) 
If the permit holder or the person in charge does not file a written request for a hearing with the city within ten (10) days of the notice of suspension, then the suspension is sustained. The city may end the suspension at any time if the reason for suspension no longer exists.
(3) 
Whenever a food establishment is required under provisions of this division to cease operation, it shall not resume operations until such time as a re-inspection determines that conditions responsible for the requirement to cease operations no longer exist. Opportunity for re-inspection shall be offered within a reasonable time.
(f) 
Revocation of permit.
The city health inspector or his/her authorized representative may, after providing opportunity for a hearing as specified in subsection (e), revoke a permit for serious or repeated violations of any of the requirements of this article or for interference with the city’s enforcing authority in the course of his/her duties. The city shall notify the holder of the permit or 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 (10) days following service of such notice; unless a written request for a hearing is filed within the ten-day period, the revocation of a permit becomes final. Whenever a revocation of a permit has become final, the holder of the revoked permit may make written application for a new permit.
(Ordinance 2018-10, sec. 34.000.011, adopted 4/9/18)
A notice provided for in this division is properly served when it is delivered to the holder of the permit or 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 or is hand-delivered to the person in charge of the establishment at the time of delivery. A copy of the notice shall be filed in the records of the city.
(Ordinance 2018-10, sec. 34.000.012, adopted 4/9/18)
The hearing provided for in this division shall be conducted by the city administrator or his designee at a time and place designated by the city administrator or his designee. After such hearing, the city administrator or his designee shall sustain, reverse or modify the action of the city health inspector in connection with the permit. A copy of such action shall be furnished to the appellant by the health inspector within forty-eight (48) hours of the issuance of the said order and decision.
(Ordinance 2018-10, sec. 34.000.013, adopted 4/9/18)
Food samples may be examined or taken for analysis by the city health inspector or his/her authorized representative as often as necessary for enforcement of this division and [the health inspector] may, upon written notice to the owner or person in charge, specifying with particularity the reasons thereof, place a hold order on any food which is believed to be in violation of any portion of this division, and shall tag, label, or otherwise identify any food subject to the hold order. No food subject to a hold order shall be used, served or removed from the establishment until the vendor of such food has furnished proof of the wholesomeness of the food product to the city health inspector or his/her authorized representative. The city shall permit storage of the food under conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished. The hold order shall state that a request for hearing may be filed within ten (10) days and that, if no hearing is requested, the food shall be destroyed. A hearing shall be held if so requested and, on the basis of evidence produced at that hearing, the hold order may be vacated, or the owner or person in charge of the food may be directed by written notice to denature or destroy such food or bring it into compliance with the provisions of this section. All costs accruing from such removal thereof shall be borne and paid for by the owner thereof.
(Ordinance 2018-10, sec. 34.000.014, adopted 4/9/18)
(a) 
Residential refrigerators, freezers, and ranges are not approved for use in commercial food service establishments or food stores. Refrigeration units will be required to maintain a product temperature of 5° Celsius (41° Fahrenheit). Smokers and grills used to prepare meats shall be of commercial grade, placed in a secured area that the public cannot access, must be maintained in a safe and sanitary manner and shall at all times of operation be under the supervision of a food service manager. Only equipment or utensils that meet or exceed the standards of the National Sanitation Foundation (NSF) are approved.
(b) 
An exception to the former equipment requirements may be made with written approval of the city health inspector or his/her authorized representative to the following establishments or operations:
(1) 
Food establishments that will operate only under a temporary permit.
(2) 
Mobile food establishments.
(3) 
Child care facilities licensed for up to twelve (12) children by the state health and human services commission.
(Ordinance 2018-10, sec. 34.000.015, adopted 4/9/18)
Auxiliary equipment such as water heaters, remote connected refrigerator compressors, and the central units of equipment used to treat the air by either heating, cooling, or otherwise conditioning the air must be located outside food preparation areas.
(Ordinance 2018-10, sec. 34.000.016, adopted 4/9/18)
(a) 
Lavatories.
Lavatories shall be separate facilities from sinks used for food preparation or utensil washing. Such facilities located in the food preparation areas of food establishments shall be equipped with hot and cold, potable water under pressure and metered by a mixing valve.
(b) 
Lavatory supplies.
If hand drying devices providing heated air are provided, they may only be used in restrooms. A sanitary dispenser containing hand cleaner shall be provided at each restroom lavatory. Sanitary disposable towels shall be provided in a dispenser conveniently located near each lavatory in food preparation areas.
(c) 
Toilet facilities.
(1) 
All new or extensively remodeled food service establishments within the city in which food served to the customer is intended to be consumed on the premises shall be equipped with separate toilet facilities for men and women and shall comply with all requirements of the city plumbing code.
(2) 
Toilet facilities shall be located within the food service establishment and will provide the customer of said establishment direct and easy access to the establishment toilet facilities from the dining area without having to go either outside the establishment, or through the food preparation area. Employees shall have access to the toilet facilities without having to exit the building.
(d) 
Utility sink or floor drain.
In all new or extensively remodeled food service establishments or food stores, at least one utility sink or curbed floor drain supplied with hot and cold water under pressure by means of a mixing valve or combination faucet shall be provided and used for cleaning mops or similar wet cleaning tools and for the disposal of mop water or similar liquid wastes.
(e) 
Grease traps/interceptors.
Grease traps/interceptors installed in food establishments shall be located outside the establishment, unless approved in writing by the building/code official, plumbing board, director of public works, and city health inspector or his/her authorized representative. Grease traps shall be located for easily accessible cleaning.
(f) 
Sinks.
In all new or extensively remodeled food establishments at least a three-compartment sink shall be provided for the manual washing, rinsing, and sanitizing of utensils and equipment. If heat is used to sanitize equipment and utensils, a temperature of 170°F is required. A separate preparations sink shall be installed for the purpose of washing raw fruits and vegetables and the thawing of frozen products; cold water only is necessary at this sink. An exception to the former equipment requirements may be made with written approval of the city health inspector or his/her authorized representative only in the case of a food establishment that shall operate under a temporary permit or food establishments that handle only non-potentially hazardous foods which require limited preparation.
(g) 
Establishments with mechanical utensil washing facilities.
In all new and extensively remodeled food establishments having mechanical utensil washing facilities, at least one (1) and [sic] three (3) compartment sink shall be provided in addition to the mechanical utensil washer.
(Ordinance 2018-10, sec. 34.000.017, adopted 4/9/18)
The retail sale and/or offering for sale, and/or holding for sale, of raw potentially hazardous food for consumption from temporary and mobile food establishments of all types and categories is prohibited within the city limits. The city environmental health officer or his/her authorized representative may impose additional requirements pertaining to temporary and mobile food establishments or mobile food itinerants, in order to protect the public health, and may prohibit the sale of some or all potentially hazardous foods from the former establishments.
(Ordinance 2018-10, sec. 34.000.018, adopted 4/9/18)
Notwithstanding the provisions of this article or any other provision of this code, ice cream trucks may be operated within the city, so long as they sell only commercially prepared, prepackaged frozen treats; are permitted by the city; and in view of the fact that the customers are predominantly children, each driver is subjected to and passes a background check. Each applicant for a background check shall submit information identifying such applicant, sign a consent to the review and release of criminal history by the police department, and pay a fee as set out in the fee schedule in appendix A of this code for such background check, which shall be in addition to the permit fee for a mobile food unit. No person shall be allowed to operate an ice cream truck who has been convicted of a felony or a misdemeanor involving immoral conduct. The record of the record of conviction is conclusive evidence of the named felony or misdemeanor.
(Ordinance 2018-10, sec. 34.000.019, adopted 4/9/18; Ordinance adopting 2020 Code)
(a) 
Every food service establishment permitted herein shall employ no less than one (1) food service manager or other responsible employee in charge of food service operations who shall possess a current certification as a food service manager from an approved training agency or certification training program, audited by the department of state health services, or from a program offered by the health department determined by the health inspector or his/her authorized representative, except that temporary food service establishments and food service establishments that handle only prepackaged foods and non-potentially hazardous foods which require only limited preparation are exempt from the provisions of this section.
(b) 
The food service manager must be employed on the premises of the establishment to be in compliance with this division. The food service manager certificate shall be obtained within the first ninety (90) days of employment in a managerial capacity. The food service manager shall be responsible for insuring that all food handlers are trained and certified with the city health department within the first thirty (30) days of hiring.
(c) 
The owner or person in charge of any establishment permitted herein shall display all such certifications in a conspicuous place for inspection by the city health inspector or his/her authorized representative. A copy of each manager’s certification as described and required in this division shall be filed in the records of the city.
(d) 
The fee adopted by the city is intended to cover the issuing of the certificate only. If the training is obtained through the health department any cost to the city for such training shall be passed on to the food service manager.
(Ordinance 2018-10, sec. 34.000.041, adopted 4/9/18)
(a) 
Every employee of a food service establishment shall obtain a food service employee certificate from the health department of the city within the first thirty (30) days of employment.
(b) 
Prior to obtaining a food service employee certificate, employees shall attend a training session on food safety available through the health department of the city.
(c) 
The food service employee certificate shall be displayed in a conspicuous place in the establishment for inspection by the city health inspector or his/her authorized agent. A copy of each food service employee certificate shall be filed in the records of the city.
(d) 
Employees in grocery stores that do not work in a food service area shall be exempt from this section provided they do not handle potentially hazardous food.
(Ordinance 2018-10, sec. 34.000.042, adopted 4/9/18)