(a)
No person shall operate a food service establishment (also referred
to herein as a food establishment) or temporary food establishment
who does not have a valid permit, license, or certificate issued to
him by the city in accordance with this article. Only a person which
complies with the requirements of this article shall be entitled to
receive or retain such permit, license, or certificate. Permits, licenses,
or certificates are not transferable. A valid permit, license, or
certificate shall be posted in every food service establishment.
(Ordinance O-11-23 adopted 9/19/2023)
Each food establishment holding any permit, license, or certificate issued by the city shall pay fees in the amounts as provided by resolution of the city council. Such fees shall be set forth in appendix A, fee schedule and shall be payable to the city secretary or designee.
(Ordinance O-11-23 adopted 9/19/2023)
All food service establishments, mobile food establishments
and temporary food establishments shall be subject to the inspection
of its establishment, vehicle or temporary establishment; the issuance,
suspension and revocation of any permits to operate; the prohibiting
of the sale of unsound or mislabeled food or drink; and the enforcement
of this article shall be regulated in accordance with the current
edition of the Texas Department of Health's "Texas Retail Food
Rules," 25 TAC sections 228.1-228.278 and all authorized amendments
and/or replacements thereto; and, all such establishments shall comply
with the requirements of the Texas Retail Food Rules unless specifically
exempt in this article.
(Ordinance O-11-23 adopted 9/19/2023)
The City of Glenn Heights, Texas or its designee.
Any natural person, firm, company, corporation, partnership,
or other business or legal entity.
The Texas Retail Food Establishment Rules, 25 TAC sections
228.1 through 228.278 as they currently exist and as they may hereafter
be lawfully amended or replaced.
(Ordinance O-11-23 adopted 9/19/2023)
An inspection of each food service establishment shall be performed
at least once every six (6) months by the city. Additional inspections
of each food service establishment shall be performed as often as
necessary for the enforcement of this article.
(Ordinance O-11-23 adopted 9/19/2023)
Representatives of city, including any sanitarian employed by
the health department of Dallas or Ellis County, after proper identification,
shall be permitted to enter any food service establishment at any
reasonable time for the purpose of making inspections to determine
compliance with this article. The representatives shall be permitted
to examine the records of the establishment to obtain information
pertaining to food and supplies purchased, received, or used.
(Ordinance O-11-23 adopted 9/19/2023)
Whenever an inspection of a food establishment is made, the
findings shall be recorded on the inspection report form set out in
25 TAC sections 228.1 through 228.278 of the state rules adopted herein.
The inspection report form shall summarize the requirements of this
article and shall set forth a weighted point value for each requirement.
Inspectional remarks shall be written to reference, by section number,
the section violated and shall state the correction to be made. The
rating of the establishment shall be the total of the weighted point
values for all violations, subtracted from one hundred (100). A copy
of the completed inspection report form shall be furnished to the
person in charge of the establishment at the conclusion of the inspection.
The completed inspection report form is a public document that shall
be made available for public disclosure to any person who requests
it according to law.
(Ordinance O-11-23 adopted 9/19/2023)
(a)
The completed inspection report form shall specify a reasonable
period of time for the corrections of the violations found, which
shall not be later than ninety (90) days from the date of inspection;
and correction of the violations shall be accomplished within the
period specified, in accordance with the following provisions:
(1)
If an imminent health hazard exists, such as complete lack of
refrigeration or sewage backup into the establishment, the establishment
shall immediately cease food service operations. Operations shall
not be resumed until authorized by the city;
(2)
All violations of four- or five-point weighted items shall be
corrected as soon as possible, but in any event, within ten (10) days
following inspection. Within fifteen (15) days after the inspection,
the holder of the permit, license, or certificate shall submit a written
report to the city stating that the four- or five-point weighted violations
have been corrected. A followup inspection shall be conducted to confirm
correction;
(3)
All one- or two-point weighted items shall be corrected as soon
as possible, but in any event, by the time of the next routine inspection;
(4)
When the rating score of the establishment exceeds thirty (30)
demerits, the establishment shall initiate corrective action on all
identified violations within forty-eight (48) hours. One (1) or more
reinspections will be conducted at reasonable time intervals to ensure
correction;
(5)
In the case of temporary food service establishments all violations
shall be corrected within twenty-four (24) hours. If violations are
not corrected within twenty-four (24) hours, the establishment shall
immediately cease food service operations until authorized to resume
by the city.
(b)
The inspection report shall state that failure to comply with
any time limits for corrections may result in cessation of food service
operations. An opportunity for hearing on the inspection findings
or the time limitations or both will be provided if a written request
is filed with the city within ten (10) days following cessation of
operations. If a request for hearing is received, a hearing shall
be held within twenty (20) days of receipt of the request.
(c)
Whenever a food service establishment is required under the
provisions of this section to cease operations, it shall not resume
operations until it is shown on reinspection that conditions responsible
for the order to cease operations no longer exist. Opportunity for
reinspection shall be offered within a reasonable time.
(Ordinance O-11-23 adopted 9/19/2023)
(a)
Food manager certification requirements.
(1)
No person or company shall operate a food establishment unless
the establishment has a person on duty who has completed an approved
Texas Department of Health Food Protection Management class.
(2)
A food establishment with multiple shifts shall ensure that
a person in charge of each shift has completed an approved food protection
management class.
(3)
The person on duty and in charge shall make available to the
city personnel their food manager certificate when inspections are
conducted or when proof of class completion is required.
(4)
The food manager certificate shall be valid for not less than
five (5) years at which time an approved food protection recertification
class must be completed within forty-five (45) days after the expiration
of the original certificate, and every five (5) years thereafter.
(5)
Temporary food vendors, mobile food vendors who sell only prepackaged
foods, and small retail vendors who sell only prepackaged foods shall
be exempt from the requirements of this section of this code.
(b)
Food employee requirements.
(1)
All food employees shall complete a state-approved food handler
class within thirty (30) days of employment at a local food establishment.
A food employee is any person employed in a food premises, who at
any time may be involved in the manufacturing, preparation, serving
or packing of food for sale.
(2)
Food handler cards shall be made available to city personnel
when inspections are conducted or when proof of course completion
is requested.
(3)
Food handler cards shall be valid for not less than two (2)
years, at which time the card must be renewed. Employees must renew
the card within forty-five (45) days of the expiration of the original
card and every two (2) years thereafter.
(4)
Any person not completing a food protection management class
must complete an approved food handler class.
(5)
A food handler class may not be taken in place of a required
food protection management class.
(6)
Mobile food vendors who sell only prepackaged foods shall be
exempt from this subsection.
(7)
Temporary food vendors shall be exempt from this subsection.
(Ordinance O-11-23 adopted 9/19/2023)
Food may be examined or sampled by the city as often as necessary for enforcement of this article. The city may, upon written notice to the owner or person in charge, specifying with particularity the reasons therefor, place a hold order on any food which it believes is in violation of 25 TAC sections 228.1-228.278 of the state rules adopted by section 6.03.003 or any other section of this article. The city shall tag, label, or otherwise identify any food subject to the hold order. No food subject to a hold order shall be used, served, or moved from the establishment. The city 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. The hold order shall state that a request for hearing may be filed within ten (10) days and that if no hearing is requested, the food shall be destroyed. If a request for hearing is received, the hearing shall be held within twenty (20) days after receipt of this request. On the basis of evidence produced at that hearing, the hold order may be vacated or the owner or person in charge of the food may be directed by written order to denature or destroy such food or to bring it into compliance with the provisions of this article.
(Ordinance O-11-23 adopted 9/19/2023)
(a)
Submission.
Whenever a food service establishment
is constructed or extensively remodeled and whenever an existing structure
is converted to use as a food service establishment, properly prepared
plans and specifications for such construction, remodeling, or conversion
shall be submitted to the city for review and approval before construction,
remodeling or conversion is begun. The plans and specifications shall
indicate the proposed layout, arrangement, mechanical plans, and construction
materials of work areas, and the type and model of proposed fixed
equipment and facilities. The city shall approve the plans and specifications
if they meet the requirements of this article. No food service establishment
shall be constructed, extensively remodeled, or converted except in
accordance with plans and specifications approved by the city.
(b)
Preoperational inspection.
Whenever plans and specifications are required by subsection (a) of this section to be submitted to the city, the city shall inspect the food service establishment prior to the start of operations, to determine compliance with the approved plans and specifications and with the requirements of this article.
(Ordinance O-11-23 adopted 9/19/2023)
(a)
Generally.
When the city has reasonable cause
to suspect possible disease transmission by an employee of a food
service establishment, it may secure a morbidity history of the suspected
employee or make any other investigation as indicated and shall take
appropriate action. The city may require any or all of the following
measures:
(1)
The immediate exclusion of the employee from employment in food
establishments.
(2)
The immediate closing of the food service establishment concerned
until, in the opinion of the city, no further danger of disease outbreak
exists.
(3)
Restriction of the employee's services to some area of
the establishment where there would be no danger of transmitting disease.
(4)
Adequate medical and laboratory examination of the employee
and of other employees and of his and their body discharges.
(Ordinance O-11-23 adopted 9/19/2023)
A notice provided for in this article is properly served when
it is delivered to the holder of the permit, license, or certificate,
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, license, or certificate. A copy of the notice shall
be filed in the records of the city.
(Ordinance O-11-23 adopted 9/19/2023)
(a)
Any person desiring to operate a food service establishment,
food sales, temporary vending of food shall make written application
for a permit on forms provided by the city. Such application shall
include the name and address of each applicant, the location and type
of the proposed food being served or sold and the signature of the
applicant.
(b)
Prior to approval of an application for a permit, license, or
certificate, the city shall inspect the proposed temporary food establishment
to determine compliance with the requirements of this article. If
the applicant has been convicted of a felony or misdemeanor, the application
shall be considered in accordance with chapter 62 of the Code of Criminal
Procedure.
(c)
The city shall issue a permit, license, or certificate to the
applicant if its inspection reveals that the proposed temporary food
establishment complies with the requirements of this article and the
state regulations adopted herein.
(Ordinance O-11-23 adopted 9/19/2023)
(a)
The city may, without warning, notice, or hearing, suspend any permit, license, or certificate to operate a food service establishment if the holder of the permit, license, or certificate does not comply with the requirements of this article, or if the operation of the establishment does not comply with the requirements of this article, or if the operation of the food service establishment otherwise constitutes a substantial hazard to public health, or if the holder has been convicted of a misdemeanor or felony, as provided in chapter 62 of the Code of Criminal Procedure. Suspension is effective upon service of the notice required by subsection (b) of this section. When a permit, license, or certificate is suspended, food service operations shall immediately cease. Whenever a permit, license, or certificate is suspended the holder of the permit, license, or certificate shall be afforded an opportunity for hearing within twenty (20) days of receipt of a request for hearing.
(b)
Whenever a permit, license, or certificate is suspended, the
holder of the permit, license, or certificate, or the person in charge
shall be notified in writing that the permit, license, or certificate
is, upon service of the notice, immediately suspended and that an
opportunity for hearing will be provided if a written request for
hearing is filed with the city by the holder of the permit, license
or certificate within ten (10) days. If no written request for hearing
is filed within ten (10) days, the suspension is sustained. The city
may end the suspension at any time if reasons for suspension no longer
exist.
(c)
The hearings provided for in this article shall be conducted
by the city at a time and place designated by it. Any oral testimony
given at a hearing shall be reported verbatim, and the presiding officer
shall make provision for sufficient copies of the transcript. The
city shall make a final finding based upon the complete hearing record
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, license, or certificate by
the city.
(Ordinance O-11-23 adopted 9/19/2023)
(a)
The city may, after providing opportunity for hearing, revoke
a permit, license, or certificate for serious or repeated violations
of any of the requirements of this article or for interference with
the city in the performance of duty, or upon conviction of a felony
or misdemeanor, as provided in chapter 62 of the Code of Criminal
Procedure.
(b)
Prior to revocation, the city shall notify, in writing, the
holder of the permit, license, or certificate, or the person in charge,
of the specific reason(s) for which the permit, license, or certificate
is to be revoked and that the permit, license, or certificate shall
be revoked at the end of the ten (10) days following service of such
notice unless a written request for hearing in filed with the city
by the holder of the permit, license, or certificate within such ten-day
period. If no request for hearing is filed within the ten-day period,
the revocation of the permit, license, or certificate becomes final.
(Ordinance O-11-23 adopted 9/19/2023)
Whenever a revocation of a permit, license, or certificate has
become final, the holder of the revoked permit, license, or certificate
may make written application for a new permit, license, or certificate.
(Ordinance O-11-23 adopted 9/19/2023)
(a)
A health permit is required for all mobile vending units.
(b)
All mobile vending units will be inspected before permit is
issued and one (1) time each six (6) months.
(c)
Provide proof of automobile insurance with permit application.
(d)
Hours of operation shall be 7:00 a.m. until sunset.
(e)
The operation of a mobile vending unit in the following locations
is prohibited:
(f)
Ice cream trucks shall have the following equipment:
(1)
Sign on front and back of truck that states in three-inch lettering
"watch for children."
(2)
Company's name and phone number on the vehicle.
(3)
Serving window shall be located on curbside only.
(4)
Mirrors shall be provided on the truck with capability to see
around the entire truck.
(5)
Operable yellow/amber flashing lights on front and rear of truck.
(6)
A truck rear bumper cover required to prevent children from
jumping on the rear of the vehicle.
(7)
Sound equipment must comply with the following:
(8)
All drivers of ice cream trucks and vehicles vending products
to children shall submit a copy of their driver's license to
the city and obtain the permit described in this article before operating
such vehicle.
(Ordinance O-11-23 adopted 9/19/2023)
(a)
Any person who violates a provision of this article shall be
deemed guilty of a misdemeanor and upon conviction in the municipal
court of the city shall be subject to a fine not to exceed the sum
of two thousand dollars ($2,000.00) for each offense. Each and every
day said violation is continued shall constitute a separate offense.
(b)
Allegation and evidence of culpable mental state is not required
for proof of an offense defined by this article.
(c)
The city may seek equitable relief to enjoin violations of this
article in addition to other forms of relief under law.
(Ordinance O-11-23 adopted 9/19/2023)
