[1]
Editor’s note–Former article II pertaining to food establishments was repealed and replaced with similar provisions by Ordinance 2023-09-40 adopted 9/19/2023. Prior to the deletion, this article derived from the following: Ordinance 08-09-87 adopted 9/15/08; Ordinance 16-04-35 adopted 4/19/16.
The purpose of these rules is to safeguard public health and provide to consumers food that is safe, unadulterated and honestly presented.
(Ordinance 2023-09-40 adopted 9/19/2023)
The city hereby adopts by reference the provisions of the current Food Establishment Rules, as amended, which establish regulations regarding, among other things, food, food establishments, mobile food units, food trucks and temporary food establishments, save and except the deletions and additions set forth below. The food establishment rules are made a part of this article as if fully set forth herein. Copies of the food establishment rules are on file in the office of the city secretary. The following deletions and additions to the TFER are hereby approved and adopted:[1]
(Ordinance 2023-09-40 adopted 9/19/2023)
[1]
Editor’s note–The TFER Amendments are included as an attachment to this chapter.
(a) 
Any person or business required to or desiring to have review of any variance or plan as required by the regulatory authority or by the state including HACCP plan or bare hand contact policy plan shall submit an application provided by the regulatory authority and pay a nonrefundable minimum fee. Additional fees may be assessed when review time exceeds one (1) hour. Any changes to the original variance will require a new submittal and fee.
(1) 
The information that shall be provided by the person requesting the variance and retained in the regulatory authority's file on the food establishment includes:
(A) 
A statement of the proposed variance of the code requirement citing relevant code section numbers;
(B) 
An analysis of the rationale for how the potential public health hazards and nuisances addressed by the relevant code sections will be alternatively addressed by the proposal; and
(C) 
A HACCP plan if required as specified under Food Code, § 8-201.13(A) that includes the information specified under Food Code, § 8-201.14 as it is relevant to the variance request.
(2) 
If the regulatory authority grants a variance as specified in this section, the permit holder shall:
(A) 
Comply with the HACCP plans and procedures that are submitted and approved as basis for the modification or waiver; and
(B) 
Maintain and provide to the regulatory authority, upon request records that demonstrate that the following are routinely employed:
(i) 
Procedures for monitoring the critical control points;
(ii) 
Monitoring of the critical control points;
(iii) 
Verification of the effectiveness of the operation or process; and
(iv) 
Necessary corrective actions if there is failure at a critical control point.
(3) 
If it is found on inspection that approved variance is not being followed, the regulatory authority may revoke the variance. A variance granted under this subsection is nontransferable. The variance shall remain in effect unless revoked by the regulatory authority or terminated by the food establishment. The regulatory authority shall deny or revoke a variance if:
(A) 
The application for variance contains a false statement;
(B) 
The food establishment does not hold a valid permit issued under this article;
(C) 
The regulatory authority determines that a health hazard or nuisance will result or has resulted from the variance;
(D) 
The food establishment failed to pay a required fee at the time it was due under this article;
(E) 
The food establishment is in violation of any term or condition of the variance as established by the regulatory authority, this title, or state law.
(b) 
If the regulatory authority denies or revokes a variance, the regulatory authority shall notify the applicant in writing by hand delivery or regular United States mail. The notice must include the reasons for the denial or revocation. Should the variance be revoked, the regulatory authority may refuse the permit holder privilege to hold a variance in the future.
(c) 
Nothing in this article shall be construed to waive or limit the regulatory authority's governmental immunity from suit or from liability.
(Ordinance 2023-09-40 adopted 9/19/2023)
Any person desiring to operate a food establishment must submit an application for a permit on forms provided by the regulatory authority and pay the nonrefundable associated fees. 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. Private events do not require a food establishment permit.
(1) 
Applications for temporary and seasonal food establishments must be received by the regulatory authority ten (10) business days prior to the proposed event. Failure to provide all required information, falsification of required information, may result in denial or revocation of the permit. A temporary late fee of will be incurred for failing to timely submit a temporary or seasonal food establishment permit application, which must be submitted at least ten (10) business days prior to the event. Applications will not be accepted if not submitted at least three (3) business days prior to the event.
(2) 
Requirement: It shall be unlawful for any person to operate a food establishment in the city unless they possess a valid food establishment permit issued by the regulatory authority.
(3) 
Posting: A valid food establishment permit shall be posted in public view in a conspicuous place at the food establishment for which it is issued.
(4) 
Permit nontransferable: A food establishment permit issued under this article is not transferable. Upon change of ownership of a business, the new business owner will be required to meet current standards set forth in this article, state law or regulation before a food establishment permit is issued.
(Ordinance 2023-09-40 adopted 9/19/2023)
(a) 
A separate permit shall be required for every food establishment, including temporary food establishment with separate and distinct facilities and operations, as determined by the regulatory authority, whether situated in the same building or at separate locations.
(b) 
Separate and distinct lounge operations in a food facility require a separate food establishment permit from food operations. However, multiple lounges on the same floor in the same building and under the same liquor license will not require a separate food establishment permit.
(c) 
Any person desiring to renew an existing food establishment permit must submit an application for renewal of permit on forms provided by the regulatory authority. Renewals of permits are required on an annual basis, except where otherwise stated. An incomplete application for renewal will not be accepted. No food establishment permit renewal shall be issued until a complete application is submitted and all outstanding fees required under this article, such as fees levied for reinspection for compliance, permit renewal late fees and plan review fees, have been paid.
(d) 
Prior to the approval of an initial permit, a change of ownership, or upon completion of additions, remodels, or modifications as specified in TFER Rule § 228.241, the regulatory authority shall inspect the food establishment to determine compliance with this article. A food establishment that does not comply with this article will be denied a food establishment permit. Food establishments with an existing food establishment permit that do not comply with this article may be denied the renewal of a food establishment permit. The owner/operator of a food establishment must pay a preoperational inspection fee as set by the fee schedule. Failure to follow the approved plans and specifications will result in denial, suspension, or revocation of a food establishment permit.
(Ordinance 2023-09-40 adopted 9/19/2023)
The regulatory authority shall classify each food establishment at the time of application, and assess food establishment permit fees, due at the time of plan submittal or at health permit application if only change of ownership applies and in no case later than prior to issuance of the certificate of occupancy, according to the city's comprehensive fee ordinance, as amended from time-to-time.
(1) 
Grocery stores contain one or more departments. Total permitting fees for the establishment will be determined by the number of departments. Each subsequent department after the initial fee as set forth in the city's comprehensive fee ordinance, the number of departments will be determined by the regulatory authority at the time of plan review or renewal. Examples include but are not limited to:
(A) 
Bakery;
(B) 
Deli;
(C) 
Meat/seafood;
(D) 
Produce;
(E) 
Retail food vendors.
(2) 
Nonfixed establishments that provide only non-TCS, sold or served in original packaging, shall be required to obtain a food establishment permit.
(3) 
Limited food establishments must obtain a food establishment permit as specified in section 22-22(2).
(4) 
Food establishments operated by a public entity, such as an independent school district, university, community college, or the city, may be exempt from paying the food establishment permit fee, if approved by the regulatory authority.
(5) 
A food establishment that is not permanently permitted by the regulatory authority, but that is a recognized charitable or philanthropic organization, or that has attained 501(c)(3) status from the Internal Revenue Service, may be exempt from paying the temporary food establishment fee for a permit for a temporary event, if approved by the regulatory authority.
(6) 
Fee exemptions granted under subsections (4) or (5) do not exempt any food establishment from the requirement of applying for, obtaining, and displaying a food establishment permit or from complying with the provisions of this section or any other applicable law.
(7) 
The regulatory authority shall assess a permit renewal late fee of fifty percent (50%) of the food establishment permit fee on any yearly food establishment permit that is renewed within thirty (30) days following expiration. Food establishment permit renewals received thirty-one (31) days or greater following the expiration date shall be assessed a permit renewal late fee of one hundred percent (100%) of the yearly permit fee. Food establishments that fail to renew annual permits within sixty (60) days following expiration may be subject to involuntary closure. The assessment of this late fee shall not release a food establishment from any other penalties imposed under this article.
(Ordinance 2023-09-40 adopted 9/19/2023; Ordinance 2024-09-44 adopted 9/17/2024; Ordinance 2025-09-48 adopted 9/16/2025)
(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 notice. A food establishment inspection report may serve as notice. When a permit is suspended, food operations shall immediately cease. The regulatory authority shall post and maintain at the entrance of the food establishment, notice of the conditions therein, or require the owner, operator, or person in charge of the establishment to post and maintain, at the entrance of the establishment, notice that the establishment is closed. 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 an appeal 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 (10) days from the date the notice is received.
(b) 
If no written request for an appeal hearing is filed within ten (10) days, the suspension is sustained until compliance with this article is met. It is the responsibility of the permit holder to request a reinspection once full compliance with this article has been met. A reinspection must be performed by the regulatory authority to ensure compliance prior to ending the suspension. Additional reinspections may be required if compliance is not met. The request for each reinspection must be made to the regulatory authority and the health reinspection fee shall be paid before each inspection is performed. The regulatory authority may end the suspension at any time if reasons for suspension no longer exist and all fees have been paid.
(Ordinance 2023-09-40 adopted 9/19/2023)
The regulatory authority may, after providing an opportunity for an appeal hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules and/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 (10) days following service of such notice unless a written request for an appeal hearing is filed with the regulatory authority by the holder of the permit within such ten (10) day period referred to in the notice.
(1) 
If no request for an appeal hearing is filed within the ten (10) day period referred to in the notice, the revocation of the permit becomes final.
(2) 
The regulatory authority may, after providing an opportunity for a hearing, may revoke a permit if the food establishment:
(A) 
Has been closed two or more times with in a 12-month period for conditions that constituted as a serious and imminent threat to public health;
(B) 
Operated a food establishment during a period when the food establishment's permit was suspended; or
(C) 
Failed to comply, within the time specified, with an order to correct or abate an imminent and serious threat to the public health or safety as given by the regulatory authority.
(3) 
It shall be an offense for any person to prevent, interfere with, obstruct, or give false information to the regulatory authority or their designee in the lawful performance of his/her duties under this chapter, state, local or federal law.
(Ordinance 2023-09-40 adopted 9/19/2023)
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. A notice, as required by this article, is properly served when it is delivered to the holder of the permit or the person in charge via hand-delivery, or when it is sent by registered or certified mail, return receipt requested, or when it is sent via courier service that provides a return receipt showing the date of actual delivery 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.
(Ordinance 2023-09-40 adopted 9/19/2023)
All appeals from final suspension or revocation of a food establishment permit shall be made in writing to the city manager or his designee. The appeal shall be filed in writing within ten (10) days of the occurrence of the suspension or revocation. The city manager or his designee shall attempt to hear the appeal within thirty (30) days after notice of the appeal. The city manager shall have the power to reverse a decision of the regulatory authority where he finds that such a reversal will not affect the health and/or welfare of the public. All decisions of the city manager or his designee shall be subject to review by the city council at one of its regularly scheduled meetings. The decision of the city manager or his designee will be final unless reversed by the city council. The city council's failure to take action on any such appeal shall constitute approval of the decision by the city manager or his designee.
(Ordinance 2023-09-40 adopted 9/19/2023)