(a) A person may not operate a food establishment without a permit issued by the city unless such person holds a valid food establishment permit from the state department of health services issued prior to the effective date of the ordinance from which this article is derived. Permits are not transferable from one person to another or from one location to another location, except as otherwise permitted by this article. A valid permit must be posted in or on every food establishment regulated by this article.
(b) The following are exempt from the permitting requirements of this article, but are not exempt from compliance with state rules; the city may require any information necessary to determine whether an organization meets this exemption:
(1) School food establishments, including day care centers that are inspected annually by the state department of health services;
(2) Federally inspected food establishments;
(3) Correctional facilities subject to inspection by the state department of criminal justice or the state jail commission;
(4) Nursing homes subject to inspection by long-term care regulatory agency of the state department of human services;
(5) Hospitals subject to inspection by the health facility licensure division in the department and that do not serve food to the general public;
(6) Food establishments on state campuses inspected by state college or university personnel in accordance with the requirements of title 25 Tex. Admin. Code § 229.373 relating to minimum standards for permitting and operation;
(7) Food establishments licensed under the Texas Health and Safety Code ch. 431, as manufacturers of food;
(8) Food establishments subject to inspection by the department of state health services; and
(9) Food and beverage vending machines.
(c) Nonprofit organizations are exempt from the permit fees but not from the permitting requirements of this article or from the state rules.
(Prior Code, § 13-102; Ord. of 11-9-2010; Ord. of 11-6-2012)