(a) 
Penalty fine.
A person who violates a provision of this article or the state rules on food service sanitation or the state rules on retail food store sanitation shall be fined in an amount not to exceed $2,000.00 for each day in which such violation occurs or continues.
(b) 
Enforcement by injunction.
In addition to the fine provided for herein, the environmental health department may enforce the provisions of this article by suit for injunction.
(Code 1973, § 13-1; Code 1997, § 111.99; Ordinance 66-24, adopted 7/20/1966; Ordinance 88-62, adopted 11/16/1988)
(a) 
Rules on food service sanitation.
The inspection, grading, regrading, and placarding of eating and drinking establishments within the city, the issuing, suspension, and revocation of permits for the operation of such establishments, sale of adulterated, misbranded, or wholesome food and drink, and the enforcement of this article shall be regulated in accordance with the terms of the current Texas Food Establishment Rules, as amended from time to time by the Texas Department of State Health Services, three copies of which shall be on file in the office of the city secretary and the office of the environmental health director.
(b) 
Conflict.
In the event there is a conflict between the provisions of the codes adopted by reference in this section and other provisions of this Code or ordinances of the city, the other provisions of this Code or ordinance of the city shall prevail.
(Code 1997, § 111.01; Ordinance 04-85, adopted 11/17/2004; Ordinance 06-49, adopted 8/16/2006)
(a) 
When a food service establishment receives a rating score of less than 60, the food service establishment shall initiate correction action on all identified violations within 48 hours. One or more re-inspections will be conducted at reasonable time intervals to assure corrections.
(b) 
In the case of temporary food service establishments or locations that have a temporary food vendor permit, all violations shall be corrected within 24 hours. If violations are not corrected within 24 hours, the establishment shall immediately cease food service operations until authorized to resume by the environmental health department.
(Code 1997, § 111.11; Ordinance 04-85, adopted 11/17/2004; Ordinance 10-40, adopted 9/1/2010)
Food may be examined or sampled by the environmental health department as often as necessary for enforcement of these rules. The environmental health department may, upon written notice to the owner or person in charge, specifying with the particular reasons therefore, place a hold order on any food which it believes is adulterated or misbranded in accordance with the provisions of the Texas Food, Drug, and Cosmetics Act, Texas Health and Safety Code § 431.001 et seq. The environmental health department 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 environmental health department shall permit storage of the food under conditions specified in the hold order, unless storage is not possible without risk to 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 days and that if no hearing is requested the food shall be destroyed. A hearing shall be held if so requested, and on the basis of the evidence produced at the 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 the Texas Food Establishment Rules.
(Code 1997, § 111.12; Ordinance 04-85, adopted 11/17/2004)
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 environmental health department for review and approval before a building permit for such construction, remodeling or conversion may be issued and before construction, remodeling, or conversion is begun. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, construction materials or work areas, plumbing fixtures, and the type and model of proposed fixed equipment and facilities. The environmental health department shall approve the plans and specifications if they meet the requirements of the Texas Food Establishment Rules. No food service establishment shall be constructed, extensively remodeled, or converted except in accordance with the plans and specifications approved by the environmental health department.
(Code 1997, § 111.13; Ordinance 04-85, adopted 11/17/2004)
It shall be unlawful for any owner or operator of a food establishment, food processing plant or mobile food unit, during all hours of operation, to fail to have at least one person on the premises in charge of the operation who has a valid food protection manager's certification. This requirement shall not apply to retail food stores where only pre-packaged foods are sold, roadside markets that offer only fresh fruits and vegetables for sale, food vending machines, temporary food establishments or a religious/charitable organization's bake sale.
(Code 1997, § 111.14; Ordinance 02-48, adopted 5/15/2002; Ordinance 10-40, adopted 9/1/2010)
A food protection manager's certification may be issued by any state, municipality, agency or school of instruction whose food protection manager's certificate program or certification has been accredited by the Texas Department of State Health Services. The certificate shall provide evidence that the applicant has satisfactorily completed a course of instruction. Such course shall include, as a minimum, not less than 15 hours of training, the contents of which cover minimum essential knowledge of safe food handling practices, the biological basis of food borne infection and transmission and the safe preparation, handling and storage of food by all employees found in food service operations.
(Code 1997, § 111.15; Ordinance 02-48, adopted 5/15/2002; Ordinance 10-40, adopted 9/1/2010)
It shall be unlawful for an employee of a food establishment to begin work without first having completed a minimum of two hours of food sanitation training as approved by the Texas Department of State Health Services. Two hours of re-training shall be required every two years to ensure employee performance of the duties in accordance with food service sanitation ordinances, rules and regulations.
(Code 1997, § 111.16; Ordinance 02-48, adopted 5/15/2002; Ordinance 10-40, adopted 9/1/2010)
Each food protection manager and food handler's food handling certificate shall at all times be kept posted, filed or otherwise readily available for viewing by the city's environmental health director or designated representative.
(Code 1997, § 111.17; Ordinance 02-48, adopted 5/15/2002; Ordinance 10-40, adopted 9/1/2010)
(a) 
It shall be unlawful for any person in any way or manner to engage in, conduct, or operate any business of a food handler, either from an established place of business, a vehicle used for retail sales, or a temporary food vendor location within the corporate city limits of the city without first having applied for and received a permit in writing to do so from the environmental health director, as provided herein.
(b) 
The only exception to subsection (a) of this section is for charitable organizations who are recognized 501(c)(3) organizations by the internal revenue service, schools, and religious organizations who are selling pre-packaged items for the benefit or their organizations, such as the Girl Scouts of America and the Harlingen Boys and Girls Club.
(c) 
In addition to the Texas Food Establishments Rules and all other ordinances, this section will allow for two types of permits for mobile food vendors with the following requirements:
(1) 
Cold trucks: only pre-packaged food items, including ice cream vendors, all food items sold will be from an approved source.
(2) 
Hot trucks: trucks where food is prepared in the vehicle; equipped with a three compartment sink for manual ware-washing, an employee lavatory, holding tank for potable water, retention tank 15 percent greater in volume then the holding tank, and enough hot and cold water under pressure to ensure food safety for its daily operation.
(3) 
All mobile food vendors will report daily to a commissary that is licensed by an environmental health department having jurisdiction for restocking, cleaning, discharge of its wastewater.
(4) 
An itinerary list provided to the environmental health department of vending times and locations is required at least three business days prior.
(5) 
Mobile food vendors will not be allowed to operate within 300 feet from the nearest point of the property line of an established restaurant unless there is a prearranged agreement between all parties.
(6) 
The applicant shall pay applicable fees for background checks conducted by the local police department.
(7) 
Each mobile food unit is a motorized vehicle that is readily moveable and complies with all local and state applicable law or a concession trailer that can be pulled by a motorized vehicle.
(8) 
Approval from the city's planning and development department and fire prevention office will be required to operate from fixed locations in all city zoning districts with the exception of residential and multifamily districts where no fixed location operations shall be allowed.
(9) 
Mobile food units will not be allowed to sell on school property, churches, city parks and residential neighborhoods unless they have written permission from the property owner.
(10) 
The fee schedule for mobile food units is found in the city fee schedule in chapter 18.
(11) 
Mobile food unit applicants will apply with the department of environmental health to ensure compliance with these requirements.
(12) 
Mobile food unit hours of operation will be from dawn to dusk, except on Thursdays, Fridays, Saturdays and Sundays, mobile food units will be allowed to operate until midnight.
(13) 
Mobile food units are prohibited from using mechanical loudspeakers or sound amplifiers for the purpose of advertising.
(14) 
If a mobile food unit is stationary for more than two hours, a written agreement shall be provided from the property owner for use of restroom facilities to be located within 100 feet of the mobile food unit for their employees; written agreement shall be kept posted on the mobile food unit.
(d) 
Mobile food vendors will be allowed to sell their products on city streets during festivals, special events, including, but not limited to, city-sponsored events/festivals, provided the street has been closed and permission was granted by the city commission to close the street, all applicable permits have been acquired, and appropriate permission has been obtained from the event's sponsor.
(e) 
At permitted food service establishments, outdoor grilling will be allowed from Friday through Sunday and federal holidays without having to secure an additional food permit from the environmental health department. Outdoor grilling must be done on the business property and shall not be allowed on public rights-of-way. This provision does not apply to mobile food vendors and temporary food vendors.
(f) 
Businesses may secure a food permit to allow them to grill food items from Friday through Sunday and federal holidays as long as food items are not sold and the following criteria is met:
(1) 
Outdoor grilling must be done on the business property and shall not be allowed on public rights-of-way.
(2) 
At least one food service employee, who has received food safety training as a food protection manager or food handler, and who meets the requirements under this division, shall be on site when food grilling is underway.
(3) 
Use of home-prepared food items shall be strictly prohibited during these events.
This provision does not apply to mobile food vendors and temporary food vendors.
(Code 1997, § 111.02; Ordinance 04-85, adopted 11/17/2004; Ordinance 10-40, adopted 9/1/2010; Ordinance 13-12, § I, adopted 4/3/2013; Ordinance 14-28, § 1, adopted 8/20/2014)
(a) 
Each applicant for permit required by this division shall file with the environmental health director a written application therefor which shall state the name and address of such applicant, also a description by street and number or other appropriate designation of the location of such business, and other information as may be required by the environmental health director.
(b) 
In addition to the requirements of subsection (a) of this section, an applicant for a temporary food vendor permit shall be limited to a maximum of four permits per year for up to four events per calendar year, and a property owner who sponsors a temporary food vendor shall have no more four events per year upon the property. This four-event and four-permit limit shall not apply to events sponsored by the city, such as Market Days and Blues on the Hill.
(c) 
Non profit or public interest organizations as certified, created, or governed by stated or federal law, including, but not limited to 501(c) (3), 501(c) (4) organizations pursuant to Internal Revenue Service regulations, or other relevant state or federal law or regulations.
(Code 1997, § 111.03; Ordinance 04-85, adopted 11/17/2004; Ordinance 10-40, adopted 9/1/2010; Ordinance 13-12, § I, adopted 4/3/2013; Ordinance 18-27, adopted 7/11/2018)
(a) 
The applicant for a permit under this division, whether the application is for an established place of business, a vehicle used for retail sales, or a temporary food vendor must conform to and meet the requirements of this division by complying with the sanitary provisions of this Code and the laws and ordinances of this state and city regulating such business, including the application requirements of the environmental health department, the department of planning and development and the fire department. If the environmental health director finds that the submitted application meets all the requirements set out herein, the director shall issue the applicant a permit upon the payment of the appropriate fees as set out in the fee schedule set in chapter 18.
(b) 
In addition to the requirements set out in subsection (a) of this section, an applicant for a temporary food vendor permit will be required to have all application requirements completed so that the application may be approved by all required city departments at least three business days prior to the event at which food will be sold, including providing proof of a Texas Sales Tax Certificate or proof of a tax exemption, and providing proof of a food protection manager certificate or food handler certificate, as required under this chapter.
(Code 1997, § 111.04; Ordinance 04-85, adopted 11/17/2004; Ordinance 10-40, adopted 9/1/2010; Ordinance 13-12, § I, adopted 4/3/2013)
A record shall be kept by the environmental health department of all establishments who hold a permit under this division.
(Code 1997, § 111.05; Ordinance 04-85, adopted 11/17/2004)
(a) 
The environmental health director shall issue a food handler permit or temporary food vendor permit under the provisions of this division and upon payment of the corresponding annual permit fees collected by the environmental health department.
(b) 
Certain fees, found in the city fee schedule in chapter 18, apply to eating, drinking, and food sales establishments (i.e., restaurants, delicatessens, mobile food establishments, foster homes, group homes, day care centers, bars, individual supermarket departments (supermarket fees are based upon the number of employees per individual supermarket department and not total number of employees per store)), and like establishments.
(Code 1997, § 111.06; Ordinance 04-85, adopted 11/17/2004; Ordinance 08-19, adopted 3/5/2008; Ordinance 10-40, adopted 9/1/2010; Ordinance 13-12, § I, adopted 4/3/2013)
(a) 
The environmental health director or, in his absence, the senior health inspector, in consultation with the city manager, may suspend any food handler permit certificate to operate a food service establishment if the operation of the same constitutes a substantial and imminent hazard to public health. Suspension is effective immediately upon written notification, and all food service operations shall immediately cease. Whenever a food handler permit certificate is suspended in accordance with this division, a hearing shall be held before the city commission as soon as possible.
(b) 
Whenever a food handler permit certificate is suspended, except in the case of a substantial and imminent hazard to public health as provided for in subsection (a) of this section, the holder of the food handler permit certificate or person in charge shall be notified in writing that the food handler permit certificate will be suspended on a specified date and that an opportunity for a hearing by the city commission will be provided if a written request for a hearing is filed with the environmental health director by the holder of the food handler permit certificate within ten days of service of the written notice. All food service operations shall cease effective upon the date specified in the notice pending such hearing. If no request for a hearing is filed within ten days, the suspension is sustained. The environmental health director may terminate the suspensions at any time if reasons for the suspensions no longer exist.
(c) 
The environmental health director, after providing opportunity for a hearing by the city commission, may revoke a food handler permit certificate for serious violations or repeated violations of any of the requirements of these rules or for interference with the environmental health department in the performance of its duties. Prior to revocation, the environmental health director shall notify the holder of the food handler permit certificate or person in charge, in writing, of the reasons for which the food handler permit certificate is subject to revocation and the food handler permit certificate may be revoked at the end of ten days following service of such notice. If the city commission determines after such hearing that revocation is warranted or if a written request for a hearing is not filed with the environmental health director by the holder of the food handler permit certificate within such ten-day period, the revocation is sustained.
(d) 
A notice provided for in this section is properly served when it is delivered in person to the holder of the food handler permit 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 food handler permit certificate. A copy of the notice shall be filed in the records of the environmental health department.
(e) 
The hearings provided for in subsections (a) through (c) of this section shall be conducted by the city commission at a time and place designated in a written notice to the food handler permit certificate holder. Based upon recorded evidence of such hearings, the city commission shall make final findings 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 food handler permit certificate by the city commission.
(f) 
Whenever a revocation of a food handler permit certificate has become final, the holder of the revoked food handler permit certificate may make a written application for a new food handler permit certificate.
(Code 1997, § 111.07; Ordinance 04-85, adopted 11/17/2004)
(a) 
A food handler permit issued under this division shall be valid for a period of one year from the date of issuance thereof, unless the same is sooner revoked or suspended as herein provided, or unless the holder of such permit shall change the location of his place of business or sells or otherwise disposes of such business or materially changes the character of such business. Upon the expiration of any such permit, and within seven days thereafter, a person conducting or operating such business or vehicle shall apply for and secure renewal thereof in the same manner as herein provided.
(b) 
A temporary food vendor permit issued under this division shall be valid only for the calendar year in which it was issued. Upon the expiration of a temporary food vendor permit on December 31 of each year, a person shall apply for a new temporary food vendor permit in accordance with this division.
(Code 1973, § 13-29; Code 1997, § 111.08; Ordinance of 7/16/1946; Ordinance 10-40, adopted 9/1/2010)
Each food handler permit or temporary food vendor permit issued under this division shall at all times be kept posted and displayed in a conspicuous place in or about such place of business, premises, vehicle, or location of event. Inspection forms must be kept on the premises to be produced upon request of the environmental health director or his designated representative.
(Code 1997, § 111.09; Ordinance 04-85, adopted 11/17/2004; Ordinance 10-40, adopted 9/1/2010)
No license under any provision of this Code or other ordinance of the city shall be issued to any person owning or operating any food handling business which is required to have a food handler permit certificate by the provisions of this division, unless such food handler permit certificate shall have first been granted by the environmental health director.
(Code 1997, § 111.10; Ordinance 04-85, adopted 11/17/2004)