(a) The
City of Richland Hills 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 Admin. Code, Ch. 229,
§§ 161 through 171 and 173 through 175 regarding the regulation
of food establishments in this jurisdiction.
(b) Definitions.
"food establishment"
mean a food service establishment, a retail food store, a
temporary food establishment, a mobile food unit, and/or a roadside
food vendor.
"state rules"
mean the state rules found at 25 Texas Admin. Code, Ch. 229,
§§ 161 through 171 and §§ 173 through 175. These
rules are also known as the Texas Food Establishment Rules.
[Ord. No. 1246-13, 5-21-2013]
A person may not operate a food establishment without a permit
issued by the regulatory authority. Permits are not transferrable
from one person or entity to another or from one location to another
location, except as otherwise permitted by this article. A valid permit
must be visibly posted in or on every food establishment regulated
by this article.
[Ord. No. 1246-13, 5-21-2013]
(a) 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.
(b) 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.
(c) Fees for permits issued under this article shall be as listed in the attached fee schedule located in appendix
A of this Code.
[Ord. No. 1246-13, 5-21-2013]
(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 article. 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 listed in the attached fee schedule located in appendix
A of this Code.
[Ord. No. 1246-13, 5-21-2013]
(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 food-borne illness according to 25 TAC 229.171(h).
(b) The
regulatory authority shall classify food establishments as special
priority, 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; history
of violations and 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
18-67.
[Ord. No. 1246-13, 5-21-2013]
(a) Requirement.
(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.
[Ord. No. 1246-13, 5-21-2013]
(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.
[Ord. No. 1246-13, 5-21-2013]
(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.
[Ord. No. 1246-13, 5-21-2013]
(a) 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) 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.
[Ord. No. 1246-13, 5-21-2013]
(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 not more than $2,000.00.
(b) The
regulatory authority may seek to enjoin violations of these rules.
[Ord. No. 1246-13, 5-21-2013]
If any section, subsection, sentence, clause, phrase, or portion
of this article is, for any reason, held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision and such holding shall
not affect the validity of the remaining portions of this article.
[Ord. No. 1246-13, 5-21-2013]
The provisions of this article shall take effect from and after
its passage and publication as required by law, and it is so ordained.
[Ord. No. 1246-13, 5-21-2013]
(a) Permit
required.
Except as part of a food truck park, a mobile
food vendor must have written permission from the owner or the owner's
authorized representative of a property containing a mobile food vendor
operation where a mobile food vendor may be located from time to time.
A mobile food vendor must apply for a mobile food vendor operation
permit from the community development department prior to operating
a mobile food vendor on said property. The permit application shall
include information that details where the mobile food vendor will
be located on the property along with the location of any refuse receptacle(s),
restroom(s), vehicle parking, dining area(s), and any other pertinent
information regarding the operation of the mobile food vendor on and
about the mobile food vendor operation site. Additional information
requested by the city, as may be deemed necessary by the city manager,
or his/her designee, to thoroughly review the application in unique
circumstances shall also be submitted as part of the permit application.
(b) All applications must be accompanied by payment of the permit fee listed in appendix
A, Fee Schedule, Richland Hills Code.
(c) Temporary
connections to potable water are prohibited. Water shall be from an
internal tank, and electricity shall be from a generator or an electrical
outlet via a portable cord that is in conformance with the electrical
code as adopted by the city.
(d) Hours
of operation shall be limited to 7:00 a.m. to 9:00 p.m., seven days
a week.
(e) All
signage pertaining to or advertising a mobile food vendor and/or its
menu shall be attached to the mobile food vendor. There shall be no
limit to the amount of signage that is allowed on a mobile food vendor.
The only temporary sign allowed is one sandwich board sign per mobile
food vendor and shall be displayed within ten feet of the mobile food
vendor.
(f) A drive-through
is not permitted in conjunction with the mobile food vendor.
(g) Mobile
food vendors shall not operate in required parking spaces, driveways,
fire lanes, or public roads.
(h) Sales
of food from a stationary vehicle excludes catering trucks.
(i) Mobile
food vendors are prohibited in a temporary building.
(j) A waste
receptacle is required for every mobile food vendor and waste shall
be removed daily.
(k) No
more than two active mobile food vendors may be permitted and operating
on any single property at the same time.
(l) Seasonal
mobile food vendors, including, but not limited to, snow cone trailers,
must be currently operating to remain on the authorized property.
No mobile food vendors can be left on property if closed for the season.
(m) A permit
issued in accordance with this division is only valid for one calendar
year.
(n) The
regulations contained in this division do not apply to a mobile food
vendor operating at a city organized event.
(o) A mobile
food vendor operating under a permit issued under this division must
also comply with all Tarrant County Health Department regulations
applicable to mobile food vendors, including but not limited to, when
applicable, a mobile food vendor must report to a commissary as required.
[Ord. No. 1421-20A, § 1, 5-10-2021]