Editor's note—Former Ch. 8 pertained to similar subject matter and derived from Ordinance 8377, 8/5/2004; Ordinance 8520, 8/4/2005; Ordinance 8831, 6/28/2007; and Ordinance 2013-9522, 11/7/2013.
ATTACHMENTS
Attachment 1 - 2021 Texas Food Establishment Rules Amendments
(a) 
Adopted.
The City of Irving hereby adopts the Texas Food Establishment Rules (TFER) contained in Chapter 228 (Retail Food Establishments) of the Texas Administrative Code, Title 25, a copy of which is on file with the office of the city secretary, as the Food Establishment Code for the City of Irving, including regulations adopted by reference therein, except as amended, modified, and deleted by this chapter.
(b) 
Amendments to the Texas Food Establishment Rules.
Amendments included in this section are intended to be specific code provisions. If there is a conflict between a provision in The Texas Food Establishment Rules effective August 8, 2021 and this section, the specific provisions of this section shall control. Amendments to the Texas Food Establishment Rules are adopted as follows:[1]
[1]
Editor's note—The amendments to the Texas Food Establishment Rules are included as an attachment to this chapter.
(Ordinance 2016-9884, § 1, adopted 12/8/2016; Ordinance 2024-10885, § 1, adopted 3/21/2024)
(a) 
A permit fee shall accompany each application for a food establishment or temporary food establishment. Applicants are not, under any circumstances, entitled to a refund of permit fees after an application has been filed. The permit fee schedule for new and renewal permits is as follows:
(1) 
Permit for permanent food establishments:
a. 
0—10 employees: three hundred and fifty dollars ($350.00)
b. 
Over 10 employees: five hundred dollars ($500.00)
c. 
Operations that have multiple floors or departments such as deli, bakery, etc., shall obtain a separate permit for each floor or department as determined by the director, each based on the number of employees.
(2) 
Permit for a temporary food establishment: fifty dollars ($50.00) origination fee plus a five dollar ($5.00) per day per booth operating fee.
(3) 
Late fee for a temporary food establishment: fifty dollars ($50.00)
(b) 
In addition to the annual renewal fee, a delinquent permit renewal fee shall be assessed to reinstate an expired permit:
(1) 
If the regulatory authority has not received the fee for a permit renewal within fourteen (14) days after the expiration date of the permit to be renewed: fifty dollars ($50.00)
(2) 
If the regulatory authority has not received the fee for a permit renewal within thirty (30) days after the expiration date of the permit to be renewed: one hundred dollars ($100.00).
(c) 
Review of plans for each new or remodeled food establishment: one hundred and twenty-five dollars ($125.00)
(d) 
Requested Second Routine Inspection: ninety dollars ($90.00)
(e) 
Reinspection: ninety dollars ($90.00)
(f) 
Follow-up inspection: sixty dollars ($60.00)
(Ordinance 2016-9884, § 2, adopted 12/8/2016; Ordinance 2024-10885, § 2, adopted 3/21/2024)
(a) 
It is unlawful for any owner, operator, or manager of a food establishment to violate or to permit any employee to violate any provision of this chapter.
(b) 
As the provisions of this chapter govern public health and sanitation, a violation of any of the provisions of this chapter is punishable by a fine not to exceed two thousand dollars ($2,000.00).
(c) 
Each day any violation of any provision of this chapter continues constitutes a separate offense.
(d) 
The city council may authorize the city attorney's office to petition the appropriate court for civil penalties and/or for injunctive relief for a violation of this chapter as available under applicable state law.
(e) 
The remedies and procedures in this section and in other laws are cumulative, and the use of any particular remedy or procedure does not prevent the enforcement of any other law.
(Ordinance 2016-9884, § 3, adopted 12/8/2016; Ordinance 2024-10885, § 3, adopted 3/21/2024)