[1]
Editor’s note–Former Art. II, Food services, derived from Ord. No. 846, §§ 1–9, adopted Nov. 9, 1989, was repealed Ord. No. 1168, § 1, adopted Nov. 28, 2000, and new provisions which pertained to similar subject matter were adopted by Ord. No. 1168, § 2, to read as herein set out.
Former section 54-34 pertaining to food service education and deriving from Ord. No. 1168, § 2, adopted 11-28-00 was deleted in its entirety by Ord. No. 1661 adopted 5-10-16.
(a) 
The City of Rockport 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, regarding the regulation of food establishments in this jurisdiction.
(b) 
Definitions.
The words “authorized agent or employee” shall mean the employees of the regulatory authority.
The words “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.
The words “Municipality of Rockport” in this article shall be understood to refer to the City of Rockport.
The words “state rules” mean the state rules found at 25 Texas Administrative Code, chapter 228. These rules are also known as the Texas Food Establishment Rules.
The words “regulatory authority” mean the Aransas County Environment and Health.
(Ordinance 1168, § 2, 11-28-00; Ordinance 1661, § 1, 5-10-16)
(a) 
A person may not operate a food establishment without a permit issued by the regulatory authority. Permits are not transferable from one person to another or from one location to another location, except as otherwise permitted by this article. A valid permit must be posted in or on every food establishment regulated by this article.
(b) 
A food establishment operated solely by a nonprofit organization is exempt from the permitting requirements of this article, but is not exempt from compliance with state rules. The regulatory authority may require any information necessary to determine whether an organization is nonprofit for purposes of this exemption.
(Ordinance 1168, § 2, 11-28-00; Ordinance 1661, § 1, 5-10-16)
(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 applicable to permits issued for food establishments are approved on a yearly basis by Aransas County Commissioner’s Court.
(d) 
Permits are required for all temporary events such as carnivals, festivals or other related events if they sell food or beverages to the public. The regulatory authority does not differentiate between full-time and part-time employees. All food-service permits are required and must be paid prior to the last working day in January.
(Ordinance 1168, § 2, 11-28-00; Ordinance 1661, § 1, 5-10-16)
(a) 
In addition to any other regulatory requirements and review by other local, state or federal agencies, 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. 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.
(Ordinance 1168, § 2, 11-28-00; Ordinance 1661, § 1, 5-10-16)
(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 20 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.
(Ordinance 1168, § 2, 11-28-00; Ordinance 1661, § 1, 5-10-16)
(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.
(Ordinance 1168, § 2, 11-28-00; Ordinance 1661, § 1, 5-10-16)
(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. 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.
(Ordinance 1168, § 2, 11-28-00; Ordinance 1661, § 1, 5-10-16)
(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 $500.00.
(b) 
The regulatory authority may seek to enjoin violations of these rules.
(Ordinance 1168, § 2, 11-28-00; Ordinance 1661, § 1, 5-10-16)
The authorized agent or employee may examine food as often as necessary for the enforcement of this article and the state laws and rules. The authorized agent may, upon written notice to the owner or person in charge, place a hold order on any food, which it believes is in violation of any state laws. A written notice must specify the reason for the hold order. The authorized agent shall tag, label, or otherwise identify any food subject to the hold order. No food subject to the hold order shall be used, served or moved from the establishment. The authorized agent 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.
(Ordinance 1168, § 2, 11-28-00; Ordinance 1661, § 1, 5-10-16)