(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.
"authorized agent or employee"
mean the employees of the regulatory authority.
"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.
"municipality of Richland Hills"
in this article shall be understood to refer to the City of Richland Hills.
"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.
"regulatory authority"
mean the Tarrant County Public Health Department.
[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]