The city council hereby adopts the regulations of food establishments.
(Ordinance 03-O-16, sec. 2, adopted 4/28/2003; 2009 Code, sec. 4.02.001)
The designated employee of the regulatory authority.
The Liberty Hill city council.
An operation that stores, prepares, packages, serves, or
otherwise provides food for human consumption such as a food service
establishment, retail food store, catering operation, institution,
temporary food establishment, mobile food unit, and/or a roadside
vendor.
Any person in a food establishment who handles food or drink
during preparation or serving; or who comes in contact with any eating
or cooking utensils; or who is employed in an area where food or drink
is prepared, served, transferred, stored, packed, sold, or otherwise
handled.
The authorized representative of the Williamson County and
Cities Health District (WCCHD).
The WCCHD.
The state laws found in chapter 437 of the Texas Health and
Safety Code and the state rules found at 25 Texas Administrative Code
chapter 229, sections 229.161–229.171 and 229.173–229.175,
and any other applicable state law or rule.
The days that WCCHD is open to conduct business with the
public.
(Ordinance 03-O-16, sec. 2, adopted 4/28/2003; 2009 Code, sec. 4.02.002)
A person may not operate a food establishment without a permit
issued by WCCHD. Permits are not transferable from one person to another
or from one location to another location, except as otherwise permitted
by this article. All permits expire on December 31 each year. A valid
permit must be posted in or in every food establishment regulated
by this article.
(Ordinance 03-O-16, sec. 3, adopted 4/28/2003; 2009 Code, sec. 4.02.003)
(a)
Any
person desiring to operate a food establishment must make a written
application for a permit on forms provided by WCCHD. 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, WCCHD 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 may be denied a permit or the
renewal of a permit.
(Ordinance 03-O-16, sec. 4, adopted 4/28/2003; 2009 Code, sec. 4.02.004; Ordinance adopting 2023 Code)
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
WCCHD for review before work is begun. Extensive remodeling means
that 20% 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 and work areas, and the type and model of proposed fixed
equipment and facilities. The plans and specifications will be approved
by WCCHD 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.
(Ordinance 03-O-16, sec. 5, adopted 4/28/2003; 2009 Code, sec. 4.02.005)
(a)
It
shall hereafter be unlawful for any person operating any food establishment
to work or employ a food handler until such food handler has received
a food handler’s registration certificate from the WCCHD that
is valid during the time of such employment.
(1)
Issuance of registration certificates and payment of fees.
WCCHD shall issue food handler’s registration certificates
to food handlers who attend a food handler’s class offered throughout
the county, or who satisfactorily pass a test from a “trainer”
that became certified through WCCHD.
(2)
Education and examination of applicant.
No food handler’s
registration card shall be issued by WCCHD to any person required
by law or by this article to have or exhibit such certificate until
the applicant shall have met the following requirements:
(A)
Complete a class in basic food sanitation. The schedule, time and
location of class sites will be announced by the director, environmental
division, WCCHD. The primary emphasis of this orientation will be
directed toward the food workers’ sanitation practices and behavior
when working in a food establishment. It will be the responsibility
of the person in charge of the food establishment to ensure that safe
food practices are in use at all times.
(B)
Complete a “Train the Trainer” class. Food establishments
who wish to train their own food handlers may do so after meeting
the following conditions:
(i)
A food establishment employee must complete a two-hour “Train
the Trainer” class. They must then train their own employees
on-site and administer the test supplied by WCCHD to their employees;
or
(ii)
A food establishment employee who is certified to teach the
state-certified food protection management class must submit an outline
of the class they will be teaching and a copy of the test to be given
the employees after the class is completed at their site.
|
WCCHD reserves the right to suspend this option as a method
for obtaining food handler cards.
|
(3)
Display of food handler cards.
Upon completion of the
prescribed orientation and the necessary administrative processing,
each individual will be issued a food handler’s card that will
be posted at the place of employment in a location readily accessible
to the health official for verification.
(4)
Managers and supervisory personnel.
Managers, assistant
managers, and shift supervisors who have completed the state-certified
food protection manager’s course will not be required to obtain
a food handler’s card from WCCHD, but must post their certification
from the state with the employee’s cards.
(b)
Issuance and effective period of food handler’s cards.
After the above has been accomplished, the applicant shall thereupon
be issued a food handler’s card from WCCHD, which shall be valid
for the time period stipulated on the certificate.
(Ordinance 03-O-16, sec. 6, adopted 4/28/2003; 2009 Code, sec. 4.02.006)
(a)
WCCHD
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 in writing to the person in charge. 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 five (5) working days 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 hearing officer by the holder of the permit within five (5) working
days. If no written request for hearing is filed within five days,
the suspension is sustained. WCCHD may end the suspension at any time
if reasons for suspension no longer exist.
(Ordinance 03-O-16, sec. 7, adopted 4/28/2003; 2009 Code, sec. 4.02.007)
(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 five (5) working
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 five-day period.
(b)
If
no request for a hearing is filed within the five-day period, the
revocation of the permit becomes final.
(Ordinance 03-O-16, sec. 8, adopted 4/28/2003; 2009 Code, sec. 4.02.008)
(a)
Food
establishments shall be inspected a determined number of times during
a calendar year according to risk factors set by the department of
state health services. High-risk establishments, that prepare and
serve potentially hazardous food and/or serve a highly susceptible
population, shall be inspected a minimum of four (4) times a calendar
year. Establishments that serve only prepackaged, nonpotentially hazardous
foods shall be inspected a minimum of two (2) times a calendar year.
(b)
Additional
inspections of food establishments shall be performed as deemed necessary
to protect against public health hazards or nuisances. Additional
fees are charged to the establishment for these visits. Visits associated
with unsubstantiated complaints received by this office will not required
an additional fee.
(c)
The
following are guidelines for enforcement of these rules in an establishment
that earns more than thirty (30) demerits on multiple inspections
during a twelve-month period:
(1)
First failure.
“Unsatisfactory” placard
shall be posted on front door or window and shall not be covered from
sight, defiled, or removed until an inspection is performed earning
thirty (30) or fewer demerits. The follow-up inspection will occur
within two (2) working days of the failed inspection.
(2)
Second failure, within twelve (12) months of first failure.
“Unsatisfactory” placard shall be posted on front
door or window and shall not be covered from sight, defiled, or removed
until an inspection is performed earning thirty (30) or fewer demerits.
The permit shall be suspended and the operations of the establishment
shall cease immediately. The establishment shall remain closed for
a minimum of 48 hours and fulfill the following requirements before
reopening:
(A)
The management of the establishment must meet with and submit a written
plan of action to the environmental division or its appointee. The
plan of action shall address critical violations of the previously
failed inspections.
(B)
A reinstatement fee as set forth in the fee schedule in appendix A of this code will be paid to the WCCHD Environmental Division located at 303 Main, Georgetown, Texas, 78626.
(D)
The establishment shall be placed on a thirty (30) day inspection
schedule until two (2) consecutive inspections result in a score of
thirty (30) or fewer demerits.
(3)
Third failure, within twelve (12) months of first failure.
“Unsatisfactory” placard shall be posted on front
door or window and shall not be covered from sight, defiled, or removed.
The person in charge shall be notified in writing of the intent of
WCCHD to permanently revoke their permit.
(Ordinance 03-O-16, sec. 9, adopted 4/28/2003; 2009 Code, sec. 4.02.009; Ordinance adopting 2023 Code)
In addition to any other penalties hereinbefore provided and
unless another penalty is in this article provided, whoever shall
do any act or thing required by the terms of this article, or in any
wise violate the provisions thereof, shall be fined not less than
$200.00 nor more than $500.00. It shall not be necessary for the complaint
to allege or to prove that the act or omission was knowingly done
or omitted.
(Ordinance 03-O-16, sec. 10, adopted 4/28/2003; 2009 Code, sec. 4.02.010)
This division may commonly be referred to as the mobile food
establishment ordinance.
(Ordinance 15-O-02 adopted 1/12/2015; 2009 Code, sec. 4.05.001)
All of the provisions of this division shall apply within the
city limits (i.e., incorporated municipal boundary) of the city.
(Ordinance 15-O-02 adopted 1/12/2015; 2009 Code, sec. 4.05.002)
Two or more mobile food establishments in the same location.
An operation that stores, prepares, packages, serves, vends,
or otherwise provides food for human consumption:
Such as a restaurant, retail food store, satellite or catered
feeding location, catering operation if the operation provides food
directly to a consumer or to a conveyance used to transport people,
market, vending location, institution, or food bank; and
That relinquishes possession of food to a consumer directly,
or indirectly through a delivery service such as home delivery of
grocery orders or restaurant takeout orders, or delivery service that
is provided by common carriers.
A mobile food establishment must relocate at least 2,000
feet from its current work location in order to not be considered
located in the “same location.”
A vehicle-mounted food establishment that is readily movable.
A vehicle-mounted retail store that is readily movable, and
provides goods and/or services directly to a consumer. A mobile store
includes (but is not limited to) a self-propelled motor vehicle or
trailer, including a recreational vehicle, motor home, travel trailer
or camper trailer. A mobile food establishment is an example of a
mobile store. The term “mobile store” includes a mobile
establishment.
A license, certificate, approval, registration, consent,
contract or other form of authorization required by law, rule, regulation,
order or ordinance that a person shall obtain to perform an action
or initiate, continue, or complete a project for which the permit
is sought.
A human individual, agency, association, corporation, partnership
or sole proprietorship.
A platted or unplatted lot in the city limits treated as
a single tract for purposes of the assessment of property taxes. A
site may be identified by its address or legal property description
and must have the proper zoning classification.
(Ordinance 15-O-02 adopted 1/12/2015; 2009 Code, sec. 4.05.003)
(a)
Water
provided to or used by the mobile food establishment shall not come
from a temporary connection to potable water.
(b)
Electricity
shall be only from a generator or an electrical outlet via a portable
cord that conforms to the city’s electrical code and permitted
by any provider.
(c)
Water
and electricity shall not be provided by the city.
(Ordinance 15-O-02 adopted 1/12/2015; 2009 Code, sec. 4.05.004)
Mobile food establishments shall comply with all city fire and
explosion safety standards. This requirement also applies to mobile
food establishments that:
(1)
Maintain
food at a hot holding temperature by mechanical means; and
(2)
Use
a pressurized fuel system or container.
(Ordinance 15-O-02 adopted 1/12/2015; 2009 Code, sec. 4.05.005)
All mobile food establishments shall:
(1)
Be
equipped with an attached trash receptacle approved by the city’s
health authority;
(2)
Hold,
store, and dispose of solid and liquid waste in a receptacle approved
by the health authority and comply with any other applicable city
code requirements;
(3)
Provide
a trash receptacle for use by customers; and
(4)
Maintain
the area around the mobile unit clear of litter and debris at all
times.
(Ordinance 15-O-02 adopted 1/12/2015; 2009 Code, sec. 4.05.006)
(a)
Health regulations.
(1)
All mobile food establishments shall comply with all Williamson County
and Cities Health District (WCCHD) adopted health regulations regarding:
(A)
Time, temperature, plumbing, operation and maintenance requirements
for mobile food establishments;
(B)
A mandatory central preparation facility, serving area, and operations;
(C)
Mandatory employee training by an accredited food handler training
provider;
(D)
All requirements prohibiting alteration, removal, attachments, placement
or change in, under, or upon the mobile food establishment that would
prevent or otherwise reduce ready mobility of the mobile food establishment
unit.
(2)
All mobile food establishment employees shall acquire a food handling
registration card from the WCCHD.
(b)
Portable restrooms.
All mobile food establishment courts
with multiple establishments set up shall provide city-approved portable
restrooms for employees and made available to the customers.
(c)
Annual inspection.
The city shall require a mobile food
establishment to come, on an annual basis, to a location designated
by the WCCHD authority for an inspection.
(d)
Re-inspection after violation.
The city may require
that mobile food establishments found to violate this section shall
come for a re-inspection at a location designated by the WCCHD.
(e)
Storage of food and supplies.
All mobile food establishments
are required to store all food and supplies within the mobile unit.
(f)
Display of permits and licenses.
All mobile food establishments
are required to have displayed on the mobile unit the proper WCCHD-issued
permits and licenses in order to operate within the city, including
city sales tax certificates.
(g)
Allowable locations.
All mobile food establishments
are permitted to operate only in downtown commercial/retail (C2) and
general commercial/retail (C3) zoning districts. Mobile food establishments
are also permitted to operate in the city park (located on County
Road 200).
(h)
Hours of operation.
All mobile food establishments are
prohibited from operating between the hours of 10:00 p.m. and 6:00
a.m.
(i)
Distance from restaurants; noise.
All mobile food establishments
are prohibited from being located within 100 feet of a restaurant
of general use or a restaurant of limited use unless granted permission
from all said restaurants. The noise level of mechanical equipment
or outside sound equipment used in association with any mobile food
establishment may not exceed 70 decibels when measured at the property
line that is across the street from or abutting a residential use.
(j)
Drive-in service prohibited.
A drive-in service is not
permitted for any mobile food establishment.
(k)
Lighting.
Exterior lighting shall be shielded or directed
in a manner that does not cause a distraction to the general public.
(l)
Signs.
All mobile food establishments are limited to
signs attached to the exterior of the mobile establishment. The signs:
(m)
Accommodations for disabled persons.
All mobile food
establishments shall comply with the federal Americans with Disabilities
Act.
(Ordinance 15-O-02 adopted 1/12/2015; 2009 Code, sec. 4.05.007)
(a)
It
is an offense for a person to operate and/or conduct sales at a mobile
food store in the city limits without a mobile food establishment
permit. An offense under this division is a misdemeanor.
(b)
It
is an offense for a person to erect, install or park a mobile food
store in the city limits without a mobile food establishment permit.
An offense under this division is a misdemeanor.
(Ordinance 15-O-02 adopted 1/12/2015; 2009 Code, sec. 4.05.008)
A person who seeks to operate a mobile food establishment:
(1)
Shall
submit a written application to the city;
(2)
Shall
include with the application:
(A)
The name, current and former residence and business address, current
residence and business telephone number, and occupation of the applicant.
If applicable, the local address and telephone number where the applicant
may be reached;
(B)
The social security number and birthdate of the applicant, valid
driver’s license number, expiration date and state issuing it;
(C)
Two recent photographic likenesses of the applicant’s face,
which photographs shall not be less than one inch square or larger
than two inches square in size. One photograph shall be kept with
the application and one photograph shall be attached to the license;
(D)
Positive photo identification issued to the applicant by a governmental
agency;
(E)
A description of the goods to be sold;
(F)
The address of the location, or detailed description of the location,
from which such goods shall be offered for sale;
(G)
The name, address, and telephone number of the owner of the property
at such location;
(H)
Written consent by the owner or the duly authorized agent of the
owner of the property at the location from which the applicant proposes
to offer the goods for sale;
(I)
Proof of sales tax certificate;
(J)
Proof of sales tax report;
(K)
Approved WCCHD permits; and
(L)
Proof of satisfactory completion of the WCCHD food handler training
for all employees.
(Ordinance 15-O-02 adopted 1/12/2015; 2009 Code, sec. 4.05.009)
(a)
Any person who is required to obtain a permit by this division may apply for a one-day, thirty-day, or a six-month license. Fees are as set forth in the fee schedule in appendix A of this code. The applicant shall pay the fee to the city at the time the permit is picked up.
(b)
Not
later than three (3) days after a completed application is filed,
the applicant shall be notified in writing of the decision on the
issuance or denial of the permit unless the day filed is a Thursday
or Friday. Then the applicant shall be notified not later than six
(6) business days after a completed application is filed.
(Ordinance 15-O-02 adopted 1/12/2015; 2009 Code, sec. 4.05.010; Ordinance adopting 2023 Code)
A establishment’s mobile food establishment permit shall
be revoked if any of the provisions of this division are not strictly
adhered to.
(Ordinance 15-O-02 adopted 1/12/2015; 2009 Code, sec. 4.05.011)
Exceptions for relief of hardship caused by this division may
be made in writing to the city council. Special exceptions may be
granted by city council when it determines in writing that one or
more of the conditions listed below are satisfied:
(1)
Undue hardship.
(A)
The applicant shall otherwise suffer undue hardship, that being something
beyond or in addition to financial hardship;
(B)
The current regulations are [not] adequate to address the particular
type of development and construction proposed by the applicant;
(C)
It is in the public’s interest to allow a limited exception
to this division in the particular instance; and
(D)
Authorizing the special exception will not adversely impact neighboring
properties.
(2)
Grandfathered status.
The site has grandfathered development
status that has been recognized by the city in accordance with this
code.
(Ordinance 15-O-02 adopted 1/12/2015; 2009 Code, sec. 4.05.012)
The city shall have the power to administer and enforce the provisions of this division as may be required by governing law. Any person violating any provision of this division is subject to suit for injunctive relief and a civil penalty up to five hundred dollars ($500.00) a day, as well as prosecution for criminal violations, punishable by a fine not to exceed two thousand dollars ($2,000.00). Any violation of this division is hereby declared to be a nuisance and the enforcement provisions of section 5.04.009 of this chapter apply to this division.
(Ordinance 15-O-02 adopted 1/12/2015; 2009 Code, sec. 4.05.013)
