It shall be unlawful for any person or firm to operate a food establishment without a permit.
(Code 1975, § 10½-23; Ordinance 2645, § 1(10½-18), adopted 8/12/2002; Ordinance 3145, § 1, adopted 8/8/2011; Ordinance 3167, § 1, adopted 10/10/2011)
(a)
Generally.
Application for a permit as required in this article in section 18-211 shall be made in writing to the city consumer health inspector or his authorized representative or as otherwise designated by the city manager upon forms prescribed and furnished by the city. Application for a permit shall include a copy of a government-issued identification that includes a photograph of the applicant. Exceptions to this requirement shall be made for temporary food service, municipal special event vendors, and recurrent event food vendors.
(b)
Review of plans and specifications.
Plans and specifications review are required as follows:
(1)
Prior to construction, or remodeling where structural and/or cosmetic improvements valued at $5,000.00 or more are involved or conversion of an existing structure to be used as a food establishment, a complete set of plans and specifications shall be provided. Such plans and specification shall be made available for review by the fire marshal and the consumer health inspector or his authorized representative or as otherwise designated by the city manager for compliance with the provisions of the building code, fire code, and this article. No construction of a food establishment shall take place nor will a building permit be issued prior to the approval of the submitted plans and specifications by the specified city The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, and construction materials or work areas, and the type or make of proposed fixed equipment and facilities. Construction according to the specifications which have therefore been submitted and approved by the city consumer health inspector or his authorized representative or as otherwise designated by the city manager must be commenced within six months of the said approval date and completed within 12 months of commencement, or the plans must be resubmitted for plan review and being subject to the current city requirements.
(2)
Projects which, at the time of approval, are of such size or which are planning to use equipment that cannot be delivered and installed within this 18 months may apply to the city consumer health inspector or as otherwise designated by the city manager for a waiver of this review at the time of original submission, but not thereafter.
(3)
Whenever plans and specifications are required to be submitted to the city, the city shall inspect the food establishment prior to its beginning operations to determine compliance with the approved plans and specifications and with the requirements of this article. All items required by this article addressed by the department of neighborhood services shall be completed prior to operations or introduction of food products into the food establishment.
(4)
Upon change of ownership or remodeling of a food establishment, any violations addressed in previous inspections shall be resolved; the intent of this section is to require installation of sinks or other equipment or materials that are required by this article or the Texas Food Establishment Rules.
(Code 1975, § 10½-24; Ordinance 2645, § 1(10½-19), adopted 8/12/2002; Ordinance 3145, § 1, adopted 8/8/2011; Ordinance 3167, § 1, adopted 10/10/2011)
The city consumer health inspector or his authorized representative or as otherwise designated by the city manager is hereby authorized to issue a permit to any person or firm making application for a food establishment permit in the city provided that the person or firm complies with the requirements of this article.
(Code 1975, § 10½-22; Ordinance 2645, § 1(10½-17), adopted 8/12/2002; Ordinance 3145, § 1, adopted 8/8/2011; Ordinance 3167, § 1, adopted 10/10/2011)
(a)
The city consumer health inspector or his authorized representative or as otherwise designated by the city manager shall issue a permit if he determines that:
(1)
The technical review of plans and specifications are in compliance with applicable laws and this article;
(2)
The fees as set out by ordinance and all other applicable fees have been paid; and
(3)
By means of physical inspection, the food establishment is determined to be in compliance with this article.
(b)
Permit nontransferable.
Every permit issued under the provisions of this article shall be nontransferable. A food establishment shall permit the operation of the establishment only at the location for which application is made. Change of ownership of a food establishment requires submission of a new permit application and payment of the permit fee and any applicable non-permit fees.
(c)
Display of permit.
Any permit granted under the provisions of this article shall remain in full force and effect and displayed in a conspicuous public place for inspection by the city consumer health inspector or his authorized representative or as otherwise designated by the city manager for the term allowed according to permit category and type as defined in this article, unless suspended and/or revoked for cause.
(d)
Penalty for failure to renew.
Any food establishment that fails to renew any permit issued under the provisions of this article by the expiration date of said permit and continues to operate without a valid permit shall be assessed $25.00 for each day of operation of that establishment, plus any other penalties provided in this article. Such assessments and/or penalties shall be paid along with the required permit fees before a valid permit will be reissued. Any food establishment that fails to renew any permit issued under the provisions of this article within 30 days of permit expiration and continues to operate may be closed by the department of neighborhood services and/or the person in charge issued a citation. Whenever a food establishment is required under provisions of this article to cease operation, it shall not resume operations until said permit and fees are paid in full and a re-inspection determines that any other violations addressed by the department of neighborhood services have been resolved.
(e)
Permit categories.
Permit categories are authorized as provided herein:
(1)
Low priority food service establishment.
(2)
Medium priority food service establishment.
(3)
High priority food service establishment.
(4)
Elevated priority food service establishment.
(5)
Child care kitchen.
(6)
Mobile food unit.
(7)
Weekend food vendor.
(8)
Concession stand/seasonal.
(9)
Temporary food establishment.
(10)
Municipal special event vendor.
(11)
Recurring event food vendor.
(Code 1975, § 10½-25; Ordinance 2645, § 1(10½-20), adopted 8/12/2002; Ordinance 3145, § 1, adopted 8/8/2011; Ordinance 3167, § 1, adopted 10/10/2011)
(a)
Fee required.
Before a permit is issued, an applicant shall pay the fee as established by ordinance, except fee exempt temporary food establishments, fee exempt concession stands, and food establishments owned and/or operated by the City of North Richland Hills.
(b)
Application and renewal of certain permits.
The following permits shall expire annually on November 30 and must be renewed on December 1 of each calendar year:
(c)
Proration of fees.
Applicable fees may be prorated at 50 percent for food establishment permits issued on or after May 1.
(d)
Public entities.
Food establishments operated by a public entity such as an independent school district may be exempt from paying the food establishment permit fee, if approved by the regulatory authority.
(Code 1975, § 10½-26; Ordinance 2645, § 1(10½-21), adopted 8/12/2002; Ordinance 3145, § 1, adopted 8/8/2011; Ordinance 3167, § 1, adopted 10/10/2011)