The definitions, rules, regulations, and enforcement provisions
contained in Chapters 1 through 8 of the "Retail Food Store Sanitation
Code," 1982 Edition, of the Association of Food and Drug Officials
and the Food and Drug Administration, a copy of which, authenticated
by the signatures of the Mayor and city secretary and the impression
of the City seal, and made a public record by resolution of the City
Council passed at a regular meeting on March 29, 1983, is on file
in the City secretary's office, are hereby adopted as the retail food
store sanitation code of the City as fully as if copied at length
in this Chapter and are hereby incorporated herein by reference and
made a part of this Chapter. Provided that the words "regulatory authority"
in said "Retail Food Store Sanitation Code" shall be understood to
refer to the City of Midland, Texas.
(Ordinance 6199 adopted 4/26/1983)
It shall be unlawful for any person to operate a retail food
store in the City who does not possess an unrevoked permit from the
health department director. Such permit shall be posted in a conspicuous
place within the retail food service. Only persons who comply with
the requirements of this Chapter shall be entitled to receive and
retain such a permit. A person conducting an itinerant or temporary
retail food store shall also be required to secure a permit in accordance
with the provisions of subsection (E) of this Section.
(A)
Renewal
of permit.
Permits for the operation of retail food stores
shall expire on December 31 of each year and must be renewed annually,
and the fee provided for herein will become due and payable on January
1 of each year. Such permits may be obtained during the month of December
just prior to the day of expiration, or they may be secured during
a period of grace between January 1 and February 1 following the date
of expiration. Failure to secure a permit within the time provided
in this Section shall result in a charge of twice the amount otherwise
due for a permit under this Section.
(B)
Permit
fees.
The license fee for permits issued under this Section
are set forth in the Health & Senior Services Fee Schedule, as
amended.
(C)
Application.
Any person desiring to establish, maintain or operate a retail
food store shall make written application to the health department
director of the City, on a form to be furnished by the department
of health, stating the name and residence of the applicant, if an
individual, or the names and residences of all members of the firm,
if a partnership, or the names and addresses of the principal officers,
if the applicant is a corporation, and the location of the establishment.
(D)
Transfer.
No permit issued under the provisions of this Section shall
be transferable from either one establishment to another establishment
at a different location, or from one person to another who may subsequently
own a certain establishment.
(Ordinance 6199 adopted 4/26/1983; Ordinance 6437 adopted 8/28/1984; Ordinance
9746, sec. 6, adopted 3/27/2018)
Every retail food store shall provide its employees with at
least one restroom with associated handwashing facilities, conveniently
located within the establishment. Retail food stores with five or
more employees on duty at one time shall provide two restrooms, one
for each sex.
(Ordinance 6199 adopted 4/26/1983)
Use of tobacco in any form is prohibited within retail food
stores in areas where unpackaged food is prepared or displayed, or
in warewashing areas. Notice to this effect shall be posted in such
areas.
(Ordinance 6199 adopted 4/26/1983)
