A person shall not operate a retail food establishment nor vend food without a valid, current permit issued by the regulatory authority unless exempt herein. Permits are not transferable from one person to another or from one location to another location, except as otherwise permitted by this division. A valid permit must be posted in or on every food establishment regulated by this division.
(Ordinance 1420 adopted 8/12/2024)
(a) 
Only persons who comply with the requirements of this division shall be entitled to receive and retain a permit required by this division. Such permit shall be posted in a conspicuous place in public view in or on the food establishment. All permits issued under this division remain in force one year from the date of issuance unless revoked or suspended.
(b) 
The following permits will be issued under this division. Fees shall be as in ordinance number 19-2024, adopted by the City of Wichita Falls, as amended:
(1) 
Retail food establishment (restricted operation): Valid for 1 year.
(2) 
Retail food establishment: Valid for 1 year.
(A) 
Small: 0 through 2,500 sq. ft.
(B) 
Medium: 2,501 through 5,000 sq. ft.
(C) 
Large: 5,001 + sq. ft.
(3) 
Retail food establishment mobile (restricted operation): Valid for 1 year.
(4) 
Retail food establishment mobile: Valid for 1 year.
(5) 
Multi-department grocery store: Valid for 1 year. Which may include a combination of the following endorsements:
(A) 
Deli.
(B) 
Snack bar.
(C) 
Bakery.
(D) 
Meat market.
(E) 
Fish market.
(F) 
Produce market.
(G) 
Other department.
(6) 
Caterer: Valid for 1 year.
(7) 
Ghost kitchen: Valid for 1 year.
(8) 
Pop-up food vendor: Valid for 1 year.
(9) 
Shared community kitchen: Valid for 1 year.
(10) 
Frozen dessert: Valid for 1 year.
(11) 
Sample permit: Valid for the event duration not to exceed 14 days.
(12) 
Temporary event coordinator: Valid for the event duration not to exceed 14 days.
(13) 
Temporary event permit: Valid for event duration not to exceed 14 days.
(14) 
Concession stand: Valid for 1 year.
(15) 
Farmers market: Valid for 1 year.
(16) 
Farmers market vendor: Valid for 1 year.
(c) 
Permit-exempt entities, such as non-profit organizations, shall still comply with all sections herein.
(Ordinance 1420 adopted 8/12/2024)
(a) 
All applicants for a food establishment shall fill out and submit a plan review packet in a form provided by the regulatory authority to include a basic facility layout drawing.
(b) 
Whenever a food establishment is constructed or more than 20% of its square footage is remodeled or whenever an existing structure is converted to use as a food establishment, plans and specifications properly prepared for such construction, remodeling or conversion shall be submitted to the regulatory authority for review before work is begun.
(1) 
The submitted plans and specifications shall indicate the proposed layout, equipment arrangement, mechanical plans and construction of materials of work areas, and the type and model of proposed fixed equipment and facilities.
(2) 
Food establishments that have been closed and are being reopened under new management as the same type of establishment shall be required to submit new equipment specifications and a floor plan of the food establishment.
(3) 
The regulatory authority shall approve the plans and specifications if they meet the requirements of the rules adopted by this division. The approved plans and specifications must be followed in construction, remodeling or conversion.
(4) 
Failure to follow the approved plans and specifications may result in a permit denial, suspension, or revocation.
(c) 
The regulatory authority shall collect fees in connection of reviewing plans as established by separate ordinance.
(Ordinance 1420 adopted 8/12/2024)
(a) 
Any person desiring to operate a food establishment shall make a written application for a permit on forms provided by the regulatory authority. The application must be submitted with the applicable fee. An incomplete application will not be accepted.
(b) 
Failure to provide all required information or falsifying information required may result in denial or revocation of the permit.
(c) 
All permits issued under this subdivision shall remain in force for one year from the date of issuance unless revoked or suspended by the regulatory authority.
(1) 
The permit fee may be prorated to align with any other existing permit expiration date for other inspection services at the same establishment. Examples include but are not limited to, a hotel with a lodging establishment permit, aquatic facility permit, and retail food establishment.
(2) 
Permit fees shall be paid to the regulatory authority at the time of application for initial permits and 15 days prior to permit expiration for renewal permits.
(3) 
All permit holders, including nonprofits, that submit renewal applications or fees after the permit expires will be assessed a late fee.
(d) 
A complete application with updated information is required for each renewal permit. Any changes to the physical facility, menu or equipment must be reported to the regulatory authority when renewing permits.
(Ordinance 1420 adopted 8/12/2024)
(a) 
Physical facilities shall be constructed and operated in compliance with the standards listed in this section in addition to the requirements of FDA Food Code, chapter 6, physical facilities, and the Texas Food Establishment Rules.
(1) 
Floors, walls, and ceilings in food preparation or ware washing areas of food establishments shall be smooth, nonabsorbent, durable, and easily cleanable as determined by the regulatory authority.
(2) 
Walls including non-supporting partitions, wall covering and ceilings of the walk-in refrigeration units, food preparation areas, equipment and utensil washing areas, toilet rooms and vestibules should be light in color or meet the requirements and approval of the regulatory authority.
(3) 
Darker-colored coverings for the items listed in subsection (a)(2) of this section may require additional lighting, as specified in FDA Food Code, § 6-303.11, or meet the requirements set by the regulatory authority, to allow cleaning of the surface.
(4) 
Plumbing:
(A) 
Hot water and cold water under pressure must be available to all sinks.
(B) 
Backflow prevention:
(i) 
An air gap between the water supply inlet and the flood level rim of the plumbing fixture shall be at least twice the diameter of the water supply inlet and may not be less than 25 mm (1 inch).
(ii) 
A backflow or back siphonage prevention device installed on a water supply system shall meet American Society of Sanitary Engineering (A.S.S.E.) standards for construction, installation, maintenance, inspection, and testing for that specific application and type of device.
(C) 
A sink used for food preparation or utensil washing, or a service sink or curbed cleaning facility used for the disposal of mop water or similar wastes, may not be provided with the handwashing aids and devices required for a handwashing sink as specified in FDA Food Code, § 6-301.11 and § 6-301.12 and § 5-501.16(C). Food employees shall clean their hands in a handwashing sink or approved automatic handwashing facility and may not clean their hands in a sink used for food preparation or warewashing, or in a service sink or a curbed cleaning facility used for the disposal of mop water and similar liquid waste.
(D) 
Food preparation sinks, handwashing sinks, and warewashing sinks and equipment may not be used for the cleaning of maintenance tools, the preparation or holding of maintenance materials, or the disposal of mop water and similar liquid wastes.
(5) 
Manual warewashing sinks:
(A) 
Except as specified in subsection (a)(5)(D), a sink with as least three compartments shall be provided for manually washing, rinsing, and sanitizing equipment and utensils.
(B) 
Sink compartments shall be large enough to accommodate immersion of the largest equipment and utensils. If equipment or utensils are too large for the warewashing sink, a warewashing machine or alternative equipment as specified in subsection (a)(5)(C) shall be used.
(C) 
Alternative manual warewashing equipment may be used when there are special cleaning needs or constraints, and its use is approved. Alternative manual warewashing equipment may include:
(i) 
High-pressure detergent sprayer;
(ii) 
Low-or line-pressure spray detergent foamers;
(iii) 
Other task-specific cleaning equipment;
(iv) 
Brushes or other implements;
(v) 
Two-compartment sinks as specified under subsections (a)(5)(D) and (E); or
(vi) 
Receptacles that substitute for the compartments of a multicompartment sink.
(D) 
Before a two-compartment sink is used:
(i) 
The permit holder shall have its use approved; and
(ii) 
The permit holder shall limit the number of kitchenware items cleaned and sanitized in the two-compartment sink, and shall limit warewashing to batch operations for cleaning kitchenware such as between cutting one type of raw meat and another or cleanup at the end of a shift, and shall:
a. 
Make up the cleaning and sanitizing solutions immediately before use and drain them immediately after use; and
b. 
Use a detergent-sanitizer to sanitize and apply the detergent-sanitizer in accordance with the manufacturer's label instructions and as specified in FDA Food Code, § 4-501.115; or
c. 
Use a hot water sanitization immersion step as specified in FDA Food Code § 4-603.16(C).
(E) 
A two-compartment sink may not be used for warewashing operations where cleaning and sanitizing solutions are used for a continuous or intermittent flow of kitchenware or tableware in an ongoing warewashing process.
(F) 
Sinks and drainboards of warewashing sinks and machines shall be self-frining.
(6) 
Service sink or curbed cleaning facility:
(A) 
At least one service sink or one curbed cleaning facility equipped with a floor drain shall be provided and conveniently located for the cleaning of mops or similar wet floor cleaning tools and for the disposal of mop water and similar liquid waste.
(B) 
Toilets and urinals may not be used as a service sink for the disposal of mop water and similar liquid waste.
(7) 
Handwashing sinks:
(A) 
Handwashing sinks shall be located within 20 unobstructed linear feet of a flood preparation or warewashing areas and in, or immediately adjacent to, toilet rooms. A doorway or cased opening, with or without a door, is considered an obstruction and handwashing sinks shall be installed on both sides of the doorway or opening in these areas of food preparation and warewashing.
(B) 
A handwashing sink shall be equipped to provide water at a temperature of at least 38°C (100°F) through a mixing valve or combination faucet.
(i) 
A steam mixing valve may not be used at a handwashing sink.
(ii) 
A self-closing, slow-closing, or metering faucet shall provide a flow of water for at least 15 seconds without the need to reactivate the faucet.
(iii) 
An automatic handwashing facility shall be installed in accordance with manufacturer's instructions.
(C) 
Each handwashing sink shall be provided with the following:
(i) 
A supply of hand cleaning liquid, powder, or bar soap;
(ii) 
An approved method of hand drying;
a. 
Individual, disposable towels;
b. 
A continuous towel system that supplies the user with a clean towel;
c. 
A heated-air hand drying device if the faucet provides automatic water; or
d. 
A hand drying device that employs an air-knife system that delivers high velocity, pressurized air at ambient temperatures if the faucet provides automatic water.
(iii) 
A handwashing sink that is provided with disposable towels shall be provided with a waste receptacle as specified in FDA Food Code, § 5-501.16(C).
(iv) 
A sign or poster that notifies food employees to wash their hands shall be provided at all handwashing sinks used by food employees and shall be clearly visible to food employees.
(v) 
A sign or poster that notifies food employees to report symptoms of and [sic] diagnosis information about their health as it relates to diseases that are transmissible through food shall be provided at all handwashing sinks used by food employees and shall be clearly visible to food employees.
(vi) 
A handwashing sink may not be used for purposes other than handwashing.
(b) 
This section shall not apply to existing food establishments in operation with a valid food establishment permit in existence on the date of adoption of this chapter. Food establishments that contain physical features that are not in compliance with this section and that present a clear threat to public health, safety, or welfare shall be required to bring said physical feature into conformance with this section. All new or extensively remodeled food establishments shall comply with the physical facility standards set forth in this section and all other applicable regulations within the city code. Extensive remodeling shall mean the repair or alteration of 50% or more of the existing square footage of an existing building, a change of occupancy, an addition, or the relocation of an existing building.
(Ordinance 1420 adopted 8/12/2024)
(a) 
Multiuse food contact surfaces shall be:
(1) 
Smooth;
(2) 
Free of breaks, open seams, cracks, chips, inclusions, pits, and similar imperfections;
(3) 
Free of sharp internal angles, corners, and crevices;
(4) 
Finished to have smooth welds and joints; and
(5) 
Except as specified in subsection (b) of this section, accessible for cleaning and inspection by one of the following methods:
(A) 
Without being disassembled;
(B) 
By disassembling without the use of tools; or
(C) 
By easy disassembling with the use of handheld tools commonly available to maintenance and cleaning personnel such as screwdrivers, pliers, open-end wrenches, and Allen wrenches.
(b) 
Subsection (a)(5) of this section does not apply to cooking oil storage tanks, distribution lines for cooking oils, or beverage syrup lines or tubes.
(c) 
Food equipment, found to be in good repair, which is certified or classified for Sanitation by National Sanitation Foundation (NSF) or the American National Standards Institute (ANSI) will be deemed to comply with subsection (a) of this section. The use of equipment explicitly designed and labeled for "household use only" is prohibited within the confines of a retail food establishment. Such prohibition extends to all appliances, apparatuses, and machinery not certified nor intended for commercial food service operations.
(Ordinance 1420 adopted 8/12/2024)
(a) 
Certified food protection manager.
(1) 
The original food manager certificate shall be posted in the food establishment in a location that is conspicuous to consumers.
(2) 
Except as specified in subsection (a)(3) below, a certified food protection manager shall be scheduled and available to the food establishment or pop-up food vendor during all hours of operation as required in FDA Food Code, § 2-101.11 and § 2-102.12.
(3) 
A certified food protection manager is not required for food establishments deemed by the regulatory authority to pose minimal risk of causing, or contributing to, foodborne illness based on the nature of the operation and extend of food preparation, such as but not limited to:
(A) 
Establishments that handle only prepackaged food and do not package food;
(B) 
Establishments that do not prepare or handle exposed time/temperature control for safety (TCS), as defined by the FDA Food Code; or
(C) 
Temporary food establishments are exempt from the requirements in subsection (a)(3)(B) of this section.
(b) 
Food handlers.
(1) 
All food employees, except for the certified food protection manager, that prepare or handle exposed time/temperature control for safety (TCS) food shall successfully complete an accredited food handler training course, prior to preparing or handling exposed TCS food.
(2) 
Volunteers working with exposed TCS food are not required to have a valid food handler's card provided that they are under direct supervision of a person who has a valid certified food protection manager certificate or food handler's certificate.
(3) 
The food establishment shall maintain on premises a certificate of completion of the food handler training course for each food employee.
(Ordinance 1420 adopted 8/12/2024)
(a) 
Permit inspections.
The regulatory authority shall inspect the food establishment prior to the issuance of the food establishment permit to determine compliance with any approved plans and specifications, compliance with other requirements of this chapter, and whether a certificate of occupancy has been issued for the building in which the establishment is to be located. Upon making such findings, the regulatory authority may issue a food establishment permit subject to: annual renewal, continued compliance with the provisions of this chapter, and the existence of a valid certificate of occupancy for the building in which the establishment is located.
(b) 
Routine inspections.
(1) 
The regulatory authority shall routinely inspect a food establishment, including permit-exempt food establishments, at a frequency which is determined by a prioritization schedule based upon assessment of the food establishment's history of compliance and potential risk factors of causing foodborne illness according to 25 Tex. Admin. Code § 228.244, as amended, and evaluated by the regulatory authority.
(2) 
Inspection frequency of a food establishments may be increased, at the regulatory authority's discretion, and as often as necessary for the enforcement of this chapter and for any conditions listed in this chapter such as:
(A) 
Prior nonconformance with this chapter or with state or federal regulations, including priority items or priority foundation items, as defined in FDA Food Code 1-201.10;
(B) 
Prior violations of this chapter or with state or federal requirements, including code items as defined in FDA Food Code 1-201.10;
(C) 
Prior complaints investigated and found to be valid by the regulatory authority;
(D) 
Hazards associated with the particular foods that are prepared, stored, or served at the food establishment;
(E) 
The type of operations, including the methods and extent of food storage, preparation, and service;
(F) 
If the primary population served is a highly susceptible population; and
(G) 
Any other risk factors deemed relevant to the operation by the regulatory authority.
(3) 
Food establishments shall receive a deduction of three points for each violation of a priority item, deduction of two points for each violation of a priority foundation item, and deduction of one point for each violation of a core item, as defined by the Texas Food Establishment Rules, as found by an inspector during an inspection.
(A) 
Food establishments that score between 70 to 79 points will be inspected quarterly until three consecutive inspections in which a score of 85 points or more is met.
(B) 
Food establishments that score 69 points or less shall constitute an imminent health hazard and the food establishment shall immediately cease operations and remain closed until the regulatory authority conducts a reinspection. The inspector shall endeavor to perform a reinspection as soon as possible. It shall be the responsibility of the permit holder to contact the regulatory authority and schedule a reinspection and pay the reinspection fee prior to the reinspection being conducted. The food establishment shall remain closed until a reinspection of the food establishment results in a score of 80 points or more.
(C) 
Food establishments that score 69 points or less, upon resuming operations based on the requirements of subsection (b)(3)(B) above, shall be inspected one time per month for three consecutive months. During these consecutive monthly inspections, a reinspection fee will be paid for each inspection. The food establishment must attain a score of 80 points or more in each consecutive inspection. If any one of the three consecutive follow-up inspections is below 80, the establishment will continue to receive follow-up inspections until three consecutive inspections score 80 or higher.
(4) 
Based upon the scoring process outlined in subsection (b)(3) above a letter grade for each food establishment shall be determined by the regulatory authority. The grade of each food establishment shall be evidenced by the posting of an inspection card as outlined in the following:
(A) 
Grade cards shall be provided by the regulatory authority and shall be posted in a conspicuous place, so as to be clearly visible to the general public and to the patrons entering the food establishment.
(i) 
The grade of each food establishment shall be evidenced by the posting of a grade card in the form of a matrix barcode (QR code) provided by the regulatory authority.
(ii) 
Grade cards shall be posted in a location as directed and determined at the discretion of the regulatory authority to ensure proper notice to the general public and to patrons.
(iii) 
The grade card shall be posted in a location which is accessible to all food establishment patrons to scan with a mobile device. The QR code will direct patrons to an online posting in which the most recent inspection score and letter grade for the food establishment will be available and that is managed by the regulatory authority.
(iv) 
In the event that a mobile or other device is unavailable in order to use the QR code function, food establishments will have readily available and furnish a copy of their most recent inspection report, upon request, to the regulatory authority.
(B) 
In the event that a food establishment is operated in the same building or space as a separately licensed or permitted business, or in the event that a food establishment shares a common patron entrance with such a separately licensed or permitted business, or in the event of both, the letter grade card shall be posted in the initial patron contact area, or in a location determined at the discretion of the regulatory authority.
(C) 
The grade card shall not be altered, defaced, marred, camouflaged, hidden or removed. It shall be unlawful to operate a food establishment unless the letter grade card is in place as set forth in this chapter. Removal or alteration of the letter grade card is a violation of this chapter and may result in the suspension or revocation of the food establishment permit.
(D) 
In the event the grade card is lost or stolen, it is the responsibility of the owner and/or manager to notify the regulatory authority for a replacement card.
(c) 
Complaint investigations.
(1) 
The regulatory authority may investigate complaints related to this article.
(2) 
The regulatory authority may take and retain samples of food and other substances used in the preparation of food and examine it for the detection of unwholesome and deleterious qualities. The regulatory authority may condemn and forbid the sale of or cause to be removed or destroyed, any food which is adulterated, tainted, diseased, fermented, decaying or otherwise unwholesome, unclean or deleterious of health. The owner, operator or other person in charge of such food shall immediately and in the presence of the regulatory authority, destroy such adulterated, tainted, diseased, fermented, decaying or otherwise unwholesome, unclean food as directed by the regulatory authority.
(3) 
Denial of access by a food establishment to the regulatory authority shall be cause for suspension or revocation of the food establishment's permit.
(Ordinance 1420 adopted 8/12/2024)
All persons who manage, operate, accept employment in, or are employed in any food establishment shall comply with all applicable federal and state statutes and regulations and with all applicable sections of this code and city ordinances.
(Ordinance 1420 adopted 8/12/2024)
Wherever there are practical difficulties involved in carrying out the provisions of this code, the regulatory authority shall have the authority to grant modifications for individual cases, upon application, provided the regulatory authority shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, or life, or safety of structural requirements.
(Ordinance 1420 adopted 8/12/2024)
(a) 
If during the course of an inspection, the operation of the food establishment constitutes an imminent hazard to public health the regulatory authority may offer the owner or manager of the food establishment the choice to voluntarily close. Voluntary closure must last until the imminent hazard has been resolved and a facility may not reopen until cleared by the regulatory authority.
(b) 
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. A supervisor at the regulatory authority will confirm the hazard before suspension is effective when possible. Suspension is effective upon service of the written notice required by this subdivision. When a permit is suspended, food operations shall immediately cease and a sign provided by the regulatory authority shall be posted in a visible location to customers. The regulatory authority may end the suspension at any time if the reason for suspension no longer exists.
(c) 
Whenever a permit is suspended, the holder of the permit or the person in charge of the food establishment at the time of suspension shall be notified in writing that the permit is, upon service of the notice, immediately suspended. An opportunity for a hearing will be provided if the holder of the permit files a written request with the regulatory authority within 10 days of receipt of written notice of suspension. Whenever a permit is suspended and a request for a hearing is made, the holder of the permits shall be afforded a hearing within 10 days of the receipt by the regulatory authority of a request for a hearing. If no written request for a hearing is filed within 10 days, the suspension is sustained. The regulatory authority may end the suspension at any time if reasons for suspension no longer exist.
(Ordinance 1420 adopted 8/12/2024)
(a) 
The regulatory authority may, after providing an opportunity for a hearing, revoke a food establishment permit for serious or repeated violations of any of the requirements of this article 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 of the food establishment at the time of revocation, in writing, of the reason for which the permit is subject to revocation. The permit shall be revoked at the end of 10 days following service of such notice unless the holder of the permit files a written request for a hearing with the regulatory authority within such 10-day period. If no request for a hearing is filed within the 10-day period, the revocation of the permit becomes final.
(b) 
A permit holder is not eligible to reapply for a food permit for 90 days following the revocation of a permit.
(Ordinance 1420 adopted 8/12/2024)
(a) 
A notice as required in this subdivision is properly served when it is delivered to the holder of the permit or the person in charge of the food establishment at the time of the notice or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit.
(b) 
A copy of the notice shall be filed in the records of the regulatory authority.
(c) 
The regulatory authority may charge re-inspection fees for compliance inspections scheduled as a result of a revocation hearing that may require additional inspections. Fee amounts will be set by separate ordinance.
(Ordinance 1420 adopted 8/12/2024)