The health authority in the city is the director of public works.
Editor's note—Ordinance 1688, adopted March 5, 2007, repealed former § 8-1, and enacted a new § 8-1 as set out herein. The former § 8-1 pertained to rules on food service sanitation adopted; health authority designated and derived from the 1965 Code, § 10-1.
(Ordinance 1688 adopted 3/5/2007)
If the manager or person in charge of a food-service establishment
has reason to suspect that any employee has contracted any disease
in a communicable form or has become a carrier of such disease, he
shall notify the health authority immediately.
(1965 Code, sec. 10-22)
Food from food-service establishments outside the jurisdiction
of the health authority of the city may be sold within the city if
such food-service establishments conform to the provisions of this
article or to substantially equivalent provisions. To determine the
extent of compliance with such provisions, the health authority may
accept reports from responsible authorities in other jurisdictions
where such food-service establishments are located.
(1965 Code, sec. 10-10)
This chapter shall be enforced by the health authority or his
representatives.
(1965 Code, sec. 10-12)
The position of city health inspector for the city is hereby
created. The position shall be filled by appointment by the city manager.
The city health inspector may be removed by the city manager.
(Ordinance 1819 adopted 4/13/2009)
The city health inspector shall function under the general supervision
of the city engineer, of whose department he shall be a part. He shall
comply with all reasonable instructions, consistent with this article,
given by the city engineer.
(1965 Code, sec. 8/2019)
Any interested person dissatisfied with any ruling or action
of the city health inspector or his representatives may appeal to
the city engineer, who shall have the authority to decide the controversy
within the framework of this chapter. Any person dissatisfied with
any decision of the city engineer, may appeal to the city council.
(1965 Code, sec. 8/2019)
Food service establishments may not sell food between the hours
of 2:00 a.m. and the following 6:00 a.m. within the city.
(Ordinance 1277 adopted 4/13/1992)
(a)
The city health inspector is hereby authorized and empowered to make such inspections at any address throughout the city as are consistent with the purpose of protecting the health and sanitation of the citizens and public in general, and may suspend or revoke food-related permits per section 8-39.
(b)
Such inspections
shall be on a regular basis, and at other times as deemed necessary
and appropriate to ensure adequate monitoring and supervision of food
establishments and other facilities open to the public.
(c)
Special
inspections may be conducted on an as-needed basis for any area in
which public health may be impacted.
(d)
The city
health inspector, in the performance of these duties and responsibilities,
shall be granted unfettered access to all portions of those facilities
which are to be inspected. Failure to grant such access, in the absence
of a proven and documented waiver for security or overall safety concerns,
shall be grounds for an automatic failure of the inspection and appropriate
subsequent actions by the city health inspector and city health department.
(e)
Inspections
shall be based upon the guidance and regulations of such state agencies
as are appropriate for the facility, such as the Texas Department
of Health (Bureau of Food and Drug Safety, Retail Foods Division)
for Food Establishment Inspections. In the event there is no published
guidance and/or regulation for an inspection, then generally accepted
practices shall be used for comparison, keeping in mind at all times
the health and safety interests of the public.
(f)
After
an inspection, the health inspector shall provide a written report
to the city engineer's office, with copies to the address that was
inspected and for the health inspector's file.
(Ordinance 1570, sec. 1, adopted 11/8/2004)
(a)
The city
adopts, by reference, the provisions of the current rules and amendments
thereto by the Texas Department of Health found in 25 Texas Administrative
Code, Chapter 229, Sections 161 through 171 and Sections 173 through
175 regarding the regulation of food establishments in the city's
jurisdiction.
(b)
Definitions:
(1)
The
words "authorized agent or employee" mean the employees of the regulatory
authority.
(2)
The
words "food establishment," in the context of the applicability of
the Texas food establishment rules, mean a food service establishment,
a retail food store, a temporary food establishment, a mobile food
unit, and/or a roadside food vendor.
(3)
The
words "state rules" mean the state rules found at 25 Texas Administrative
Code, Chapter 229, Sections 161 through 171 and Sections 173 through
175, which are also known as the Texas Food Establishment Rules.
(4)
The
words "regulatory authority" mean the City of Alamo Heights.
(Ordinance 1688 adopted 3/5/2007)
(a)
Requirement.
(1)
At
least one certified food manager shall be employed by each permitted
food establishment.
(2)
Certification
must be obtained by passing an examination approved by the Texas Department
of Health and meeting all requirements in HSC, Chapter 438, Subchapter
G, and 25 TAC § 229.176 (relating to Certification of Food Managers).
(b)
Definitions.
(c)
Exemptions.
The following food establishments are exempt from the requirements
of this section:
(1)
Establishments
that handle only prepackaged food and do not prepare or package food;
(2)
Child-care
facilities, as defined by Section 42.002, Human Resources Code;
(3)
Establishments
that do not prepare or handle exposed potentially hazardous foods
as defined in 25 TAC § 229.162(66); or
(4)
Nonprofit
organizations as defined in 25 TAC § 229.371(9) (relating to
Permitting Retail Food Establishments).
(5)
A
county or public health district may exempt other establishments under
the provisions of 25 TAC § 437.0076(e) if the county or public
health district determines that the application of the requirement
to those establishments is not necessary to protect public health
and safety.
(d)
Responsibilities
of a certified food manager.
Responsibilities of a certified
food manager include, but are not limited to:
(1)
Identifying
hazards in the day-to-day operation of a food establishment that provide
food for human consumption;
(2)
Developing
or implementing specific policies, procedures or standards to prevent
foodborne illness;
(3)
Supervising
or directing food preparation activities and ensuring appropriate
corrective actions are taken as needed to protect the health of the
consumer;
(4)
Training
the food establishment employees on the principles of food safety;
and,
(5)
Performing
in-house self-inspections of daily operations on a periodic basis
to ensure that policies and procedures concerning food safety have
been implemented and are being followed.
(e)
Certificate
reciprocity.
A certificate issued to an individual who
successfully completes an examination approved by the Texas Department
of Health shall be accepted as meeting the training and testing requirements
under HSC, § 438.046(b).
(f)
Certificate
posting.
The original food manager certificate shall
be posted in a location in the food establishment that is conspicuous
to consumers.
(g)
Implementation.
(1)
Food
establishments not in operation at the time this section is adopted
shall comply with these provisions as a condition of their application
for licensing and occupancy.
(2)
Food
establishments in operation at the time this section is adopted shall
have a period of six (6) months in which to comply with the certified
food manager requirements noted herein.
(Ordinance 1688 adopted 3/5/2007)
It shall be unlawful for any person to operate a food-service
establishment within the city or its police jurisdiction who does
not possess a valid permit.
(1965 Code, sec. 10-13)
Any person desiring to operate a food-service establishment
shall make written application for a permit on forms provided by the
health authority. Such application shall include: The applicant's
full name and post office address; the location and type of the proposed
food-service establishment; and the signature of the applicant. If
the application is for a temporary food-service establishment, it
shall also include the inclusive dates of the proposed operation.
(1965 Code, sec. 10-14)
Upon receipt of an application for a permit under this article,
the health authority shall make an inspection of the food-service
establishment to determine compliance with the provisions of this
chapter.
(1965 Code, sec. 10-15)
(a)
(Reserved)
(b)
If at
any time during the period of validity of any such permit additional
persons are employed by the establishment operating under such permit,
it shall be the duty of the person in charge of such establishment
to immediately notify the health department of such increase and if
such increase brings that establishment into a higher permit fee bracket,
he shall pay to the city secretary the additional sum required. This
charge shall be prorated according to the semester in which the charge
occurred as set forth in the charges for permit fees for new establishments
in the next paragraph.
(c)
Payment
of food establishment permit fees shall be based upon an annual renewal
on the anniversary date of the issuance of the permit.
(d)
A "new"
eating or drinking establishment shall be one which is newly erected
or constructed at a given location or it may be such an establishment
newly organized or started at an old location which will also include
establishments remodeled from other construction. Any change in ownership
will be considered a new establishment.
(e)
Permit
fees are based upon the number of employees. An employee for the purpose
of determining licensing fees is one that, as a reasonable expectation
and execution of their job/position, comes into contact with food
— either the preparation or the serving thereof. This generally
includes, but is not limited to, cooks and wait staff, but does not
generally include hosts, hostesses and bussing staff.
(f)
Fees
are not refundable in the event of an establishment closing or changing
ownership.
(g)
(Reserved)
(h)
The city
council may, at its discretion, authorize a waiver of the temporary
food establishment permit fee for non-profit organizations and activities.
The application to the city council for this waiver shall be made
by the non-profit organization at the time of their appearance in
front of the council for a special activity permit, or prior to their
application for the temporary food establishment permit in the event
a special activity permit is not needed or requested.
(1965 Code, sec. 10-16; Ordinance 1570, sec. 2, adopted 11/8/2004; Ordinance 1517 adopted 1/13/2003; Ordinance 1861 adopted 4/12/2010)
When inspection reveals that the applicable requirements of
this article have been met, a food-service establishment permit shall
be issued to the applicant by the health authority. Only a person
who complies with the requirements of this article shall be entitled
to receive and retain such a permit.
(1965 Code, sec. 10-17)
Permits for temporary food-service establishments shall be issued
for a period of time not to exceed fourteen (14) days.
(1965 Code, sec. 10-18)
A valid permit issued under this division shall be posted in
every food-service establishment.
(1965 Code, sec. 10/2019)
Permits issued under this article shall not be transferable
from one (1) person to another person or place.
(1965 Code, sec. 10-20)
(a)
Permits
issued under this article may be suspended temporarily by the health
authority for failure of the holder to comply with the requirements
of this chapter. Whenever a permit holder or operator has failed to
comply with any notice issued under the provisions of this section,
the permit holder or operator 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 health authority by the permit holder.
Notwithstanding the other provisions of this chapter, whenever the
health authority finds insanitary or other conditions in the operation
of a food-service establishment which, in his judgment and the judgment
of the city health officer, constitute a substantial hazard to the
public health, he may, without warning, notice or hearing, issue a
written notice to the permit holder or operator citing such condition,
specifying the corrective action to be taken, and specifying the time
period within which such action shall be taken; and, if deemed necessary,
such order shall state that the permit is immediately suspended, and
all food-service operations are to be immediately discontinued. Any
person to whom such an order is issued shall comply immediately therewith,
but upon written petition to the health authority, shall be afforded
a hearing as soon as possible.
(b)
Any person
whose permit has been suspended under this section may, at any time,
make application for a reinspection for the purpose of reinstatement
of the permit. Within ten (10) days following receipt of a written
request, including a statement signed by the applicant that, in his
opinion, the conditions causing suspension of the permit have been
corrected, the health authority shall make a reinspection. If the
applicant is complying with the requirements of this article, the
permit shall be reinstated.
(c)
For serious
or repeated violations of any of the requirements of this article,
or for interference with the health authority in the performance of
his duties, a permit issued under this division may be permanently
revoked after an opportunity for a hearing has been provided by the
health authority. Prior to such action, the health authority shall
notify the permit holder in writing, stating the reasons for which
the permit is subject to revocation and advising that the permit shall
be permanently revoked at the end of five (5) days following service
of such notice, unless a request for a hearing is filed with the health
authority, by the permit holder, within such five-day period. A permit
may be suspended for cause pending its revocation or a hearing relative
thereto.
(d)
The hearings
provided for in this section shall be conducted by the city council
at a time and place designated by it.
(e)
In the event that all food service operations at an inspected facility are to be immediately suspended as provided for in section 8-39(a), a placard shall be placed at the facility noting the facility food-service operation is closed to the public by order of the city health inspector. The placard shall not be removed until a valid food service establishment permit is obtained. Removal of the placard shall be deemed a violation of this section, subject to the penalties noted in this section, and shall also result in an additional amount of one hundred dollars ($100.00) being levied against the facility in addition to any other amounts noted herein.
(f)
A penalty
amount of one hundred dollars ($100.00) shall be assessed in addition
to the standard food service establishment permit application fee
if the facility was determined to be operating without a valid food
service establishment permit.
(g)
These
penalties and procedures are also valid for temporary food establishments.
(h)
The penalties
and procedures noted herein shall not be construed to limit options
available to the city under other applicable statutes, codes and ordinances
at other levels of authority.
(1965 Code, sec. 10-21; Ordinance 1570, sec. 3, adopted 11/8/2004)
