No person shall operate a food processing establishment, food service establishment, temporary food establishment, or mobile food unit who does not possess a “food dealer's permit.” Only a person who complies with the requirements of this chapter shall be entitled to receive or retain such a permit. Permits are not transferable from one person to another person or from one place to another place. A valid permit shall be posted in view of the public in every food service establishment. Permits for temporary food service establishments shall be issued for a period of time not to exceed 14 consecutive days. All food dealer's permits shall remain the property of the Bell County Health Department.
(Ord. 79-1, 2-13-1979)
(A) 
Any person desiring to obtain a food dealer's permit shall make written application for such permit on forms provided by the Health Officer. Such application shall include:
(1) 
The applicant's full name and address and shall state whether such applicant is an individual, firm, or corporation, and, if a partnership, the names of the partners, together with their addresses;
(2) 
The location and type of proposed food processing or food service establishment;
(3) 
The signature of the applicant or applicants.
(B) 
If the application is for a temporary food service establishment, the application must also set out:
(1) 
The dates of the proposed operations;
(2) 
The name, address, and telephone number of the owner or owners of the property where the temporary food service establishment is to be located;
(3) 
A statement signed by the owner of the property or his authorized agent stating that arrangements have been made for the proper disposal of all rubbish, trash, and garbage, and for maintenance of the property free of litter and nuisance during the period of operation up to and including any clean-up time.
(4) 
A description of such arrangements and the attendant facilities must be included.
(Ord. 79-1, 2-13-1979)
(A) 
Before approving an application for a permit, the Health Officer shall inspect the establishment and premises to determine compliance with the provisions of this chapter.
(B) 
The Health Officer shall issue a permit to the applicant if the proposed food establishment complies with the requirements of this chapter.
(Ord. 79-1, 2-13-1979)
(A) 
At the time of issuance of an original food dealer's permit and each renewal thereof, the person requesting the permit shall pay the City of Harker Heights the permit fee set out in division (B) of this section.
(B) 
The fee for a food dealer's permit shall be deemed paid when that particular business has paid their city occupation tax. (Refer to Chapter 110, “Occupation Tax.”) Food service establishments which operate exclusively as a part of a hospital, nursing home, day care center, home or center for the aged, or any other medical care institution or facility that is licensed by the state, or as a public school or college, a church kitchen, or a recognized fraternal organization shall be charged no fee; however, such establishments must otherwise comply with the applicable provisions of this chapter.
(C) 
Mobile food service units.
At the time of issuance of an original food dealer's permit to the operator of a mobile food service unit and each renewal thereof, the person requesting said food dealer's permit shall pay the city the designated occupation tax for mobile food service units.
(Ord. 79-1, 2-13-1979)
A food dealer's permit shall be valid for one year from the date of issuance and may be renewed on or before the first day after the expiration date of the previous permit.
(Ord. 79-1, 2-13-1979)
The Health Officer may suspend any food dealer's permit with such notice as is reasonable under the circumstances, if the permit holder does not comply with the requirements of this chapter, or if the operation of the food processing or food service establishment or the mobile food service unit otherwise constitutes a substantial hazard to public health. Suspension is effective upon service of the notice required by § 113.41 of this chapter. Where a permit is suspended, food processing and/or food service operations shall immediately cease.
(Ord. 79-1, 2-13-1979)
(A) 
Whenever a permit is suspended, written notice shall be given to the permit holder, the person in charge or any employee or agent of the food service establishment or mobile food service unit. Such notice shall state:
(1) 
The specific condition in the food establishment or mobile unit which is in violation of this chapter.
(2) 
The specific condition which constitutes a substantial hazard to public health.
(3) 
That a hearing will be held before the Health Officer or his designate at the request of permittee.
(4) 
The date, time, and place of such hearing.
(5) 
That the permit holder may appear in person, be represented by counsel, present testimony and cross-examine all witnesses.
(B) 
Such hearing shall be held not later than ten days after the date of suspension.
(Ord. 79-1, 2-13-1979)
Whenever a permit is suspended, it shall be removed from the premises by the Health Officer and retained at the Health Department until the suspension has terminated.
(Ord. 79-1, 2-13-1979)
(A) 
All hearings shall be held by the Director of the Bell County Health Department or his designated representative. Such official shall be referred to as the Hearing Officer. However, the Director of the Bell County Health Department shall not designate as hearing officer any person or persons who have participated in the inspection of such food establishment or mobile unit, or has prior knowledge of the allegations or circumstances discovered in such inspection except such person designated as Hearing Officer may, prior to the hearing, receive a copy of the notice given to the permit holder or the person in charge.
(B) 
All hearings shall be conducted under rules consistent with the nature of the proceedings, including but not limited to the following rules which shall apply to such hearings:
(1) 
All parties shall have the right to be represented by counsel;
(2) 
Each party may present witnesses in his own behalf;
(3) 
Each party has the right to cross-examine all witnesses; and,
(4) 
Only evidence presented at such hearing may be considered in reaching a decision.
(C) 
If the permit holder fails to appear at the hearing, the Health Department shall present sufficient evidence to establish a prima facie case.
(D) 
If the Hearing Officer finds that the food service establishment, food processing establishment, or mobile unit was in violation of this chapter or that it constituted a hazard to public health, the Hearing Officer shall make written findings of fact and shall order the permit suspended until all violations of this chapter are corrected and any conditions constituting a hazard to public health are eliminated. A copy of the findings and order of the Hearing Officer shall be sent to the permit holder by certified mail, return receipt requested.
(E) 
If the Hearing Officer finds that the public interest will be adequately protected by a warning or other penalties authorized under this chapter, he may reinstate the permit.
(F) 
Whenever the reasons for a suspension no longer exist, the permit holder or person in charge shall notify the Health Officer that the conditions have been corrected and request an inspection. Such inspection shall be made as soon as possible but not later than three regular working days after the receipt of the request.
(Ord. 79-1, 2-13-1979)
(A) 
Grounds for revocation.
A food dealer's permit may be revoked if:
(1) 
The permit holder or his agents or employees interfere with an inspection of the food establishment by the Health Officer or his authorized agents.
(2) 
There are repeated or serious violations of Federal or State food laws.
(3) 
There are repeated or serious violations of this chapter.
(4) 
In the case of mobile food service units, the permit holder or his agent has not reported an accident to the Health Officer within 24 hours of the time the accident occurred if such accident resulted in damage to the water system, waste retention tank, food service equipment, or any facility which may result in the contamination of the food being carried or any damage which results in a violation of the provisions of this chapter.
(B) 
Notice.
Prior to revocation, written notice shall be given to the permit holder or person in charge. Such notice shall state:
(1) 
The grounds for revocation.
(2) 
The specific provisions of law upon which the city will rely in seeking revocation of the permit.
(3) 
That a hearing will be held before the Director or his designated agents.
(4) 
The date, time, and place of such hearing.
(5) 
That the permit holder may appear in person, be represented by counsel, present testimony, and cross-examine all witnesses.
(C) 
Hearing.
Such hearing shall be held in accordance with § 113.43 of this chapter. If the permit holder fails to appear at the hearing at the time, place and date specified, the Health Department shall present sufficient evidence to establish a prima facie case.
(D) 
Findings.
After completion of a hearing, the Hearing Officer shall make written findings. If the Hearing Officer finds that grounds do exist for revocation of the permit, he shall revoke same. A copy of the findings and order of revocation shall be sent to the permit holder by certified mail, return receipt requested. If the address of the permit holder is unknown, or if such papers are returned undelivered, such papers shall be served on the person in charge of the food establishment or mobile food service unit.
(E) 
Upon service of a written notice that the permit has been revoked as provided herein, all food operations shall cease.
(F) 
Whenever a permit is revoked, it shall be removed from the premises or vehicle by the Health Officer.
(G) 
If a permit is revoked, no refund of any part of the permit fee shall be made. Reinstatement of a permit which has been revoked shall require application and payment of a permit fee as if it were an initial application.
(H) 
Any notice provided in this chapter may be served by personal delivery or by certified mail, return receipt requested.
(Ord. 79-1, 2-13-1979)