(a) 
Authority.
The city consumer health inspector or his authorized representative or as otherwise designated by the city manager is authorized to enter upon any private property and to enter any establishment, subject to the provisions of this article for the purpose of determining compliance with this article and for the purpose of determining the identity of the owner, operator, manager or supervisor thereof and all persons employed therein.
(b) 
Inspections.
Before a permit is issued, the city consumer health inspector or his authorized representative or as otherwise designated by the city manager shall inspect and approve the food establishment areas to be used. An inspection of a food establishment shall be performed at least once annually and shall be prioritized based upon assessment of a food establishment's compliance and potential of causing food borne illness according to TFER.
(c) 
Classification of food establishments.
The city consumer health inspector or as otherwise designated by the city manager shall classify food establishments as elevated priority, high priority, medium priority or low priority, according to the type of operations; particular foods that are prepared; number of people served; susceptibility of the population served; and any other risk factor deemed relevant to the operation.
(d) 
Additional inspections.
Additional inspections of the food establishment shall be performed as often as necessary for the enforcement of this article.
(e) 
Refusal to allow inspection.
Refusal of an owner, manager or employee to allow the city consumer health inspector or his authorized representative, upon presentation of credentials, to inspect any permitted business or operation therein during normal business hours will result in an immediate suspension of the permit, requiring all permitted activities to abate until after the hearing required in section 18-232(e)(1). Nothing herein or therein shall require notice of suspension of this violation.
(f) 
Inspection warrant.
In the event that the city consumer health inspector or his authorized representative or as otherwise designated by the city manager should have cause to believe that a business required to be permitted under this article is operating without a permit (or has failed to renew such permit) and refuses entry, during normal business hours, then the city consumer health inspector or his authorized representative or as otherwise designated by the city manager may apply to the city municipal court for an inspection warrant of the suspect premises upon the filing of a probable cause affidavit and compliance with the Texas Code of Criminal Procedure. If an inspection warrant is granted by the municipal court, the city consumer health inspector or his authorized representative or as otherwise designated by the city manager may be assisted in service thereof by the city police department, or such other law enforcement agencies as are deemed necessary to obtain entry.
(g) 
Building official and/or fire marshal to accompany inspector.
The city consumer health inspector or his authorized representative or as otherwise designated by the city manager may also be accompanied during inspection by the building official or his designee and/or fire marshal of the city or his designee or as otherwise designated by the city manager.
(Code 1975, § 10½-41; Ordinance 2645, § 1(10½-31), adopted 8/12/2002; Ordinance 3145, § 1, adopted 8/8/2011; Ordinance 3167, § 1, adopted 10/10/2011)
(a) 
Enforcement procedures.
The city consumer health inspector or his authorized representative or as otherwise designated by the city manager may establish enforcement procedures to ensure compliance with this article and which are consistent with the regulations adopted herein, including, but not limited to written warnings, compliance time limits, reinspection fees, citations, permit suspensions and permit revocation.
(b) 
Inspections.
The inspection report form shall specify a reasonable period of time for the correction of the violations found, and correction of the violations shall be accomplished within the period specified, in accordance with the following provisions:
(1) 
If an imminent hazard exists, because of an emergency such as a fire, flood, extended interruption of electrical or water service, lack of hot water (at least 100° F or no less than the minimum required temperature set by the TFER), sewage backup, misuse of poisonous or toxic materials, onset of apparent food borne illness outbreak, uncontrolled infestation of insects or rodents, gross unsanitary occurrence or condition, or other circumstance that may endanger public health, the permit holder shall immediately discontinue operations and notify the city department of neighborhood services. If a business is closed for any of the above mentioned violations, a closure sign shall be posted in public view. If the department of neighborhood services places the closure sign in public view, it cannot be removed or covered in any way, said sign shall state that the business was closed by the city department of neighborhood services or as otherwise designated by the city manager and shall not reopen until such time as the violations or repairs have been completed and a reinspection has been completed by a city consumer health inspector or as otherwise designated by the city manager. The consumer health inspectors or as otherwise designated by the city manager are the only persons authorized to remove the sign once it has been posted in accordance with this article. Whenever a food establishment is required under provisions of this article to cease operation, it shall not resume operations until such time as a re-inspection determines that conditions responsible for the requirement to cease operations no longer exist and any other violations addressed by the department of neighborhood services have been resolved.
(2) 
A permit holder shall, at the time of inspection, immediately correct a critical violation and implement corrective actions. Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the consumer health inspector or as otherwise designated by the city manager may agree to or specify a longer time frame, not to exceed ten calendar days after the inspection, for the permit holder to correct critical control point violations.
(3) 
All noncritical violations shall be corrected by a date and time agreed to or specified by the consumer health inspector or as otherwise designated by the city manager, but no later than 90 calendar days after the inspection.
(4) 
In the case of temporary food establishments, all violations shall be corrected immediately and within a time specified by the regulatory authority, but in any event, not to exceed 24 hours following the inspection.
(c) 
Reinspection.
(1) 
Reinspections shall be to determine corrected critical and noncritical violations as defined in the regular inspection.
(2) 
Reinspections shall be to determine compliance with plan review after initial inspection and prior to issuance of permit.
(3) 
When the total cumulative demerit value of a food establishment's health inspection exceeds 30 demerits, multiple critical violations exist, or the lack of overall cleanliness and sanitation poses a risk to health and safety, the establishment shall initiate immediate corrective action on all identified critical violations and shall initiate corrective actions on all other violations within 48 hours. One or more reinspections shall be conducted at reasonable time intervals to ensure correction. There shall be a reinspection fee for all additional reinspections required to determine correction. The reinspection fee shall be paid no later than 30 business days immediately following each reinspection.
(d) 
Compliance with inspection report.
The inspection report shall state that failure to comply with any time limits for correction may result in cessation of food sale and/or service operations, issuance of reinspection fees, or issuance of citations. An opportunity for a formal administrative hearing is provided for in subsection (e) of this section.
(e) 
Suspension of permit.
(1) 
The city consumer health inspector or his authorized representative or as otherwise designated by the city manager may, without notice or hearing, suspend any permit authorized herein if the holder of this permit does not comply with the requirements of the ordinance, or if the operation otherwise constitutes a substantial hazard to the public health. Suspension is effective upon service of the notice as required in section 18-233. When 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 notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the city by the holder of the permit, within ten days. The permit holder shall be afforded a hearing within ten days of the date on which the city is in receipt of the written request for said hearing.
(2) 
If the permit holder or the person in charge does not file a written request for a hearing with the city within ten days of the notice of suspension, then the suspension is sustained. The city may end the suspension at any time if the reason for suspension no longer exists.
(3) 
Whenever a food establishment is required under provisions of this article to cease operation, it shall not resume operations until such time as a reinspection determines that conditions responsible for the requirement to cease operations no longer exist and any other violations addressed by the department of neighborhood services have been resolved. Opportunity for reinspection shall be offered within a reasonable time.
(f) 
Revocation of permit.
The city consumer health inspector or his authorized representative or as otherwise designated by the city manager may, after providing opportunity for a hearing as specified in subsection (e) of this section, revoke a permit for serious or repeated violations of any of the requirements of this article or for interference with the city's enforcing authority in the course of his duties. The city shall notify the holder of the permit or 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 days following service of such notice unless a written request for a hearing is filed within the ten-day period, the revocation of a permit becomes final. Whenever a revocation of a permit has become final, the holder of the revoked permit may make written application for a new permit.
(Code 1975, § 10½-42; Ordinance 2645, § 1(10½-32), adopted 8/12/2002; Ordinance 3145, § 1, adopted 8/8/2011; Ordinance 3167, § 1, adopted 10/10/2011)
A notice provided for in this article is properly served when it is delivered to the holder of the permit or 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 or is hand-delivered to the person in charge of the establishment at the time of delivery. A copy of the notice shall be filed in the records of the city.
(Code 1975, § 10½-43; Ordinance 2645, § 1(10½-33), adopted 8/12/2002; Ordinance 3145, § 1, adopted 8/8/2011; Ordinance 3167, § 1, adopted 10/10/2011)
The hearing provided for in this article shall be conducted by the city manager or his designee at a time and place designated by the city manager or his designee. After such hearing, the city manager or his designee shall sustain, reverse or modify the action of the city consumer health inspector in connection with the permit. A copy of such action shall be furnished to the appellant by the consumer health inspector within 48 hours of the issuance of the said order and decision.
(Code 1975, § 10½-44; Ordinance 2645, § 1(10½-34), adopted 8/12/2002; Ordinance 3145, § 1, adopted 8/8/2011; Ordinance 3167, § 1, adopted 10/10/2011)