(a) In addition to the requirements adopted in Section 17-10.1 of this chapter, the requirements contained in this section govern compliance and enforcement of this chapter.
(b) Documenting information and observations on inspection of food establishments. The director shall document administrative information about a food establishment’s legal identity and all other findings and observations on the inspection report form. A copy of the inspection report must be furnished to the owner or person in charge, which constitutes written notice of any violation of this chapter. The inspection report must summarize the inspectional findings and must set forth a demerit point value for each classification of inspection items. A food establishment shall provide a copy of the most recent inspection report to any customer or potential customer upon request.
(c) Permits.
(1) Requisite. A person shall not operate a food establishment inside the city without a permit issued by the director. A separate permit is required for:
(A) each establishment that is under a separate ownership;
(B) each separate and distinct fixed facility from which an establishment operates;
(C) each vehicle used to operate a catering service; and
(D) each mobile food unit.
(2) Facilities that are not separate and distinct. For purposes of this article, the following facilities are not considered separate and distinct if they are in the same building and under the same ownership and same management:
(A) A restaurant and a bar that is:
(i) either located within the restaurant or adjacent to the restaurant; and
(ii) preparing beverages for service in the restaurant.
(B) A holding kitchen for a banquet room and a main kitchen preparing food for service in the banquet room.
(C) A main kitchen and any food service area for which the main kitchen prepares food.
(3) Common areas. If several separate and distinct facilities in the same building or at the same fixed location share common food storage, utensil storage, dishwashing, cleaning, laundry, or other areas, each facility’s permit must specify which common areas are to be inspected with the facility. Each common area specified under a permit must be included in the calculation of the floor area of the permitted facility for purposes of assessing the annual inspection fee.
(4) Lapse. A permit lapses if the food establishment operating under the permit:
(A) ceases its operation for 12 or more months;
(B) fails to pay the annual inspection fee on or before the due date;
(C) extensively remodels the facility from which it operates;
(D) constructs a new facility or mobile food preparation vehicle; or
(E) changes ownership.
(5) Transferability. A permit is not transferable. A person who acquires an existing food establishment may not operate the establishment without obtaining a new permit within 30 days of the change of ownership.
(6) Operating authority. A permit issued under this article gives only the person to whom the permit is issued the authority to operate the establishment identified on the permit. As a lawful condition to the operation of the establishment, the director may impose in the permit such additional requirements relating to the operation of the food establishment as the director determines is necessary to protect the public health and safety.
(7) Application. A person who desires a permit for a food establishment shall apply for the permit on a form provided by the department, requiring such information as the director determines is necessary to implement or enforce this chapter. A food establishment shall apply for a new permit if:
(A) the facility from which it operates is to be extensively remodeled;
(B) a new facility or mobile food preparation vehicle is to be constructed; or
(C) there is a change of ownership.
(8) (Reserved.)
(9) Issuance. If the director finds that a food establishment applying for a permit complies with applicable requirements of this chapter and other law and is current on the payment of all fees owed to the city under this chapter, the director shall issue the permit. The director may not issue a permit for any mobile food unit that is equipped with any sound amplification device that, when operated, violates Section 30-2
(k) of this code.
(10) Acceptance. Acceptance of a permit issued by the director constitutes an agreement by the food establishment to:
(A) comply with all conditions of the permit and all applicable provisions of this chapter; and
(B) allow the lawful inspection of its facility, vehicles, and operations.
(11) Display. A food establishment that operates from a fixed facility shall display its permit in a frame with a glass cover at a prominent place inside the facility where it can be easily seen by the public.
(d) Permit application fee.
(1) An applicant for a permit for a food establishment shall pay the city an application fee for each separate and distinct fixed facility and for each mobile food unit inside the city from which the establishment is to be operated.
(2) The applicant shall pay a nonrefundable fee according to the following schedule:
Fixed Facility | Class I and Class II Mobile Food Unit | Class III and Class IV Mobile Food Unit | |
Application Fee | $197 | $121 | $481 |
Reinstatement fee after lapse of permit for failure to pay annual inspection fee by due date: existing facility or vehicle under same ownership | $199 |
(3) Section 17-10.2(d) does not apply to:
(A) a temporary food service establishment permitted under this chapter; or
(B) a wholesale produce dealer permitted under Chapter 29 of this code.
(4) The permit application and reinstatement fees required to be paid under this section are in addition to the annual inspection fees required to be paid under Section 17-10.2(g) or (h), whichever applies.
(e) Plans and specifications.
(1) A person shall not begin constructing a fixed facility or constructing a mobile food preparation vehicle (whether by manufacturing, retrofitting, or converting), or extensively remodeling a fixed facility, intended for use in the operation of a food establishment (other than a temporary food service establishment) before a copy of plans and specifications of the construction or remodeling are approved, in writing, by the director.
(A) Jn general. Except as provided in this paragraph, a request for approval of plans and specifications must be accompanied by a nonrefundable plans review fee of $562 for a mobile food unit.
(B) Class II mobile food unit limited to a coffee cart. An application for approval of plans and specifications for a Class II mobile food unit limited to a coffee cart must be accompanied by a nonrefundable plan review fee of $205.
(2) The director’s written approval of plans and specifications is valid until whichever of the following dates or events occurs first:
(A) 18 months after the date of approval, for new construction of a fixed facility or construction of a mobile food preparation vehicle;
(B) six months after the date of approval, for extensive remodeling of an existing facility; or
(C) completion of construction and issuance of a food establishment permit.
(3) Before construction or remodeling may be continued or recommenced after an approval of plans and specifications lapses:
(A) a new permit application must be made, and an application fee paid, in accordance with Section 17-10.2(d); and
(B) the plans and specifications must be resubmitted to and approved by the director and a new plans review fee must be paid.
(4) Approval of the plans and specifications by the director does not prevent the director from enforcing an ordinance or other law applicable to the construction or remodeling.
(5) Plans and specifications submitted under this section for a fixed facility must conform to the requirements for plans and specifications in the Dallas Building Code.
(6) If plans and specifications are approved by all affected departments of the city and construction has been in accordance with the plans and specifications, before an inspecting officer from any department may require a change, written notice must be served to the food establishment in accordance with Section 17-10.2(n). The notice must state:
(A) the required change in the plans and specifications;
(B) the reason for the change; and
(C) the establishment’s right to appeal the order of change.
(7) A food establishment may appeal a change ordered under this section following the procedures of Section 17-10.2(q).
(f) Inspections.
(1) Consent to inspection. Application for and operation of a food establishment inside the city constitutes consent for the director to inspect the food establishment to determine whether the establishment complies with all conditions of the permit and applicable requirements of this chapter and other city ordinances and state and federal law.
(2) Inspection procedure. An inspection will be conducted in the following manner:
(A) The director may inspect during business hours or at any other reasonable time.
(B) An inspecting officer shall present official identification to the manager or person in charge before conducting the inspection.
(C) An inspecting officer shall wear appropriate clothing and hair restraint when entering food preparation or equipment and utensil washing areas of a food establishment.
(D) Upon authorization of the director, photographs of any part of a food establishment, or of any food handling activities conducted inside or outside of a food establishment, may be taken during an inspection.
(3) Pre-operation inspection. Before issuing a permit under this article, the director shall inspect a food establishment to determine whether the establishment complies with applicable requirements of this chapter and other city ordinances and state and federal law. If the food establishment does not comply, the director shall notify the permit applicant of the nonconformance in the manner prescribed by this article.
(4) Periodic inspections. The director shall periodically inspect each separate and distinct facility and vehicle from which a food establishment operates to determine whether the establishment complies with this chapter and other applicable city ordinances and state and federal law. The director shall conduct the periodic inspection as often as the director considers necessary to enforce this chapter or other applicable law, but at least once each six-month period for risk level three establishments, once a year for risk level two establishments, and every other year for risk level one establishments. Whenever a food establishment is inspected by the director and a violation of this chapter or other applicable law is found, the director shall, after the expiration of any time limit for compliance given in a notice or order issued because of the violation, reinspect the food establishment to determine that the violation has been eliminated. A $191 fee will be charged for each reinspection that must be conducted before the violation is determined to be eliminated.
(5) Inspection form. The director shall prepare and use an inspection form for rating the code compliance of a food establishment.
(6) On-site food establishment risk profile assessment inspection. An on-site food establishment risk profile assessment inspection may be conducted when the establishment is newly opened, changes ownership, or experiences a substantial change in menu offerings or food handling processes. Inspection frequency is based on types of food preparation processes used by the food establishment, the food served and sold, the average number of meals served, and the population served. A non-refundable service fee of $106.00 will be charged for each on-site food establishment risk profile assessment inspection.
(7) Entry of persons other than the director. Nothing in this chapter authorizes the entry of persons other than the director and the director's authorized representatives into food preparation or equipment and utensil washing areas of a food establishment.
(g) Annual inspection fees: catering services and mobile food units.
(1) Catering service. A catering service shall pay the city a nonrefundable annual inspection fee of $125 for each vehicle used to operate the service inside the city.
(2) Mobile food unit. A food establishment that operates a mobile food unit inside the city shall pay the city a nonrefundable annual inspection fee in accordance with the following schedule:
Type of Operation | Each Vehicle |
Class I mobile food unit (produce trucks, ice cream carts, grocery trucks) | $300 |
Class II mobile food unit | $240 |
Class III and IV mobile food unit | $185 |
(h) Annual inspection fee: fixed facilities.
(1) Requisite. A food establishment shall pay the city a nonrefundable annual inspection fee for each separate and distinct, fixed facility inside the city from which the establishment is operated. If a building contains multiple facilities, a separate fee will be calculated for each facility required to be permitted under Section 17-10.2(c).
(2) Amount. The amount of the fee for each facility is determined by the floor area of the facility. In determining the floor area, the director shall include each interior part of the facility used to manufacture or process, store, package, prepare, distribute, sell, or serve food. The fees are as prescribed in the following schedule:
(A) For facilities not included in Section 17-10.2(h)(2)(B):
Risk Level One Establishment:
Area in square feet | Annual fee |
1 to 2,000 | $141 |
2,001 or more | $155 |
Risk Level Two Establishment:
Area in square feet | Annual fee |
1 to 2,000 | $283 |
2,001 or more | $308 |
Risk Level Three Establishment:
Area in square feet | Annual fee |
1 to 2,000 | $468 |
2,001 or more | $513 |
(B) If a food establishment is being operated from more than one separate and distinct facility in the same building, for each facility in excess of one:
Risk Level One Establishment:
Area in square feet | Annual fee |
1 to 2,000 | $141 |
2,001 or more | $155 |
Risk Level Two Establishment:
Area in square feet | Annual fee |
1 to 2,000 | $283 |
2,001 or more | $308 |
Risk Level Three Establishment:
Area in square feet | Annual fee |
1 to 2,000 | $468 |
2,001 or more | $513 |
(3) No later than December 31 of each year, a food establishment shall pay the annual inspection fee for the following calendar year. Failure to pay all fees by December 31 of the year can result in the establishment being subject to the preclosure process. Food establishments subject to the preclosure process shall pay the city a nonrefundable fee of $158 and may receive citations for operating without a valid permit.
(4) The annual inspection fee for a new food establishment will be prorated from the calendar month in which operations begin to the end of the calendar year.
(A) a temporary food service establishment permitted under this chapter; or
(B) a wholesale produce dealer permitted under Chapter 29 of this code.
(i) Temporary food service fee.
(1) Before the director issues a permit to a temporary food service establishment, the applicant for the permit shall pay the city a nonrefundable permit fee of $217, plus $28 for each day of operation for each facility from which the establishment is operated.
(2) A temporary food service establishment that offers only prepackaged foods from the manufacturer that are non-time and temperature controlled and with minimum handling and preparation may request a limited service food permit. The applicant for the food permit shall pay the city a nonrefundable permit fee of $204, plus $28 for each day of operation for each facility from which the establishment is operated.
(3) A maximum nonrefundable annual fee of $356 for each facility will be collected from concessionaires operating under contract with the city park and recreation department. A maximum nonrefundable annual fee of $388 for each facility will be collected from concessionaires operating at a school stadium. A maximum nonrefundable annual fee of $100 for each booth or stall valid at a single market location or at more than one market location will be collected from a vendor operating at a neighborhood market permitted under Chapter 42A of this code, as amended.
(4) Section 17-10.2(i)(1) does not apply to a temporary food service establishment that:
(A) does not serve time/temperature control for safety food; and
(B) the weekly gross income of which does not exceed $100.
(j) Registration of food establishments outside the city.
(1) A food establishment operating from a facility located outside the city that sells, distributes, or transports food inside the city may not conduct operations inside the city unless the establishment annually:
(A) registers with the director on a form provided for the purpose; and
(B) furnishes the department with:
(i) a certificate from a health authority with jurisdiction over the establishment indicating that the establishment complies with applicable public health laws; and
(ii) other information that the director determines is necessary to enable the director to implement or enforce this chapter or otherwise protect the public health or safety.
(2) The director may inspect the operations of a food establishment specified in Section 17-10.2(j)(1) that are conducted inside the city to determine if the operations comply with applicable requirements of this chapter or other law.
(3) This subsection does not affect the liability of a food establishment specified in Section 17-10.2(j)(1) for payment of any other fee imposed under this article.
(k) Payment of fee. Except as expressly provided by this article, a fee prescribed by this article is payable on the date and in the manner prescribed by the director. If in a particular year a food establishment fails to pay the annual inspection fee required on or before the due date, the permit of that establishment lapses and the establishment must pay the reinstatement fee required by Section 17-10.2(d)(2), and all other outstanding fees owed to the city under this chapter, before the permit will be renewed. Fee payments will be applied to oldest outstanding balance first, if any.
(l) Service fees.
(1) If a food establishment changes its name, continuing under the same ownership, the establishment shall inform the director in writing of the change and pay the city a service fee of $220, not more than seven days after the change.
(2) To obtain from the director a detailed, written survey or risk level assessment of an existing food establishment, a prospective operator must:
(A) present to the director written permission for the survey or risk level assessment from the owner of the food establishment; and
(B) pay to the city a nonrefundable service fee of $106.
(m) Violations; notification and order to correct.
(1) Authority to order correction. If the director determines that a food establishment is in violation of this chapter or other law, the director may notify the establishment in writing of the violation and by written order direct the establishment to correct the violation within a definite period of time. In setting the time for correction the director shall consider the degree of danger to the public health or safety and the period of time reasonably necessary to make the correction.
(2) Immediate corrections. Upon determining that a violation constitutes an imminent and serious threat to the public health or safety, the director may order the establishment to correct the violation immediately or cease food operations to the extent the director determines is necessary to abate the threat until the violation is corrected.
(3) Contents of notice. The director shall include in a notice of violation under this subsection:
(A) identification of the violation by code section number and the name of the issuing officer;
(B) the date of issuance of the notice and the time period within which the violation must be corrected;
(C) a warning that failure to comply with the order may result in one or more of the following:
(i) temporary closure of the establishment;
(ii) suspension or revocation of the establishment’s permit; or
(iii) imposition of a fine; and
(D) a statement indicating that the order may be appealed.
(4) Closure.
(A) If, pursuant to Section 17-10.2(m)(2), the director determines that a food establishment must cease operations in order to correct a violation that constitutes an imminent and serious threat to the public health and safety, the director shall:
(i) if the establishment voluntarily closes for the required time period, post a placard that states that the establishment is closed in cooperation with the city to improve food sanitation in the establishment; or
(ii) if the establishment closes only after a written order is issued by the director, post a placard that states that the establishment is closed by order of the city to correct food sanitation deficiencies.
(B) A person commits an offense if he continues operation of a food establishment after being ordered by the director to close the establishment. An offense under this subparagraph is punishable by a fine of not less than $200 or more than $2,000.
(5) Placard requirements.
(A) A placard posted in accordance with Section 17-10.2(m)(4) shall:
(i) be no larger than nine inches by 12 inches in size;
(ii) contain any language and symbols determined appropriate by the director;
(iii) be placed at the main entrance of the establishment where it is clearly visible to the public;
(iv) remain posted until the director determines that the food sanitation deficiencies are corrected and that the establishment may re-open; and
(v) be removed only by the director.
(B) A person commits an offense if, without the consent of the director, he defaces, removes, or conceals (in whole or in part) a placard posted in accordance with Section 17-10.2(m)(4). An offense under this subparagraph is punishable by a fine of not less than $200 nor more than $2,000.
(n) Service of notice.
(1) The director or an authorized representative shall personally serve notice required under this article to:
(A) the permittee;
(B) the registered agent for service of the permittee; or
(C) a person in charge of the food establishment.
(2) If the permittee, registered agent, or a person in charge cannot be found after a diligent effort to locate, or if the establishment is located outside the city, the director may serve notice by certified United States mail, return receipt requested, to the address of the permittee on file with the department or to the address of the registered agent.
(3) Service of notice executed in accordance with Section 17-10.2(n) constitutes notice to a food establishment.
(o) Examination and condemnation of food.
(1) Authority to examine. The director may examine food that is to be served, sold, offered for sale, transported, distributed, or stored inside the city by a food establishment as often as reasonably necessary to determine if the food is adulterated or misbranded. The director may take a reasonable sample of food subject to examination under Section 17-10.2(o).
(2) Hold order. If the director has reasonable cause to suspect that food is adulterated or misbranded, the director by written order may instruct the food establishment that possesses the food to withhold the food from use or sale. A hold order takes effect immediately upon issuance. If a hold order is imposed, the department shall serve notice of that fact in the manner prescribed by Section 17-10.2(n). The director shall identify the food subject to a hold order in a reasonable way (including, but not limited to, a note or tag attached to the food). An establishment that possesses food subject to a hold order shall store the food as directed by the director and shall not alter the food in any way without written permission from the director. The director shall take such samples as may be necessary to examine food subject to a hold order as soon as reasonably possible to determine if the food is adulterated or misbranded. If the food is not adulterated or misbranded, the director shall cancel the hold order.
(3) Condemnation order. If the director determines that the food is adulterated, the director shall order the food condemned and dispose of the food in a way that does not result in a health hazard. If the director determines that the food is misbranded, the director shall order the food condemned and may dispose of the food in a way that does not result in a health hazard, or order the food establishment in control of the food to put the food in compliance with applicable law.
(p) Suspension and revocation of permits.
(1) The director may suspend a permit, for a definite period of time not to exceed one year, if the director determines that a food establishment has:
(A) made a false statement of a material fact in an application for a food establishment permit;
(B) violated a provision of this chapter;
(C) failed to timely comply with a correction order, a hold order, or a condemnation order;
(D) intentionally or knowingly impeded a lawful inspection by the director or the director’s authorized representative; or
(E) failed to pay a fee required under this chapter at the time it was due.
(2) The director may revoke a permit if the director determines that a food establishment has:
(A) been convicted twice within a 12-month period for violations of this chapter;
(B) failed to comply, within the time specified, with an order to correct or abate an imminent and serious threat to the public health or safety;
(C) been closed two or more times within a 12-month period for conditions that constituted a serious and imminent threat to public health;
(D) had a food establishment permit suspended under Section 17-10.2(p)(1) three times within a 24-month period; or
(E) operated a food establishment during a period when the food establishment’s permit was suspended.
(3) Upon receipt of written notice of suspension or revocation issued by the director, the food establishment shall immediately cease operation of the facility or vehicle for which the permit is suspended or revoked. The director shall serve notice of suspension or revocation in the manner prescribed by Section 17-10.2(n). The notice of suspension or revocation must include:
(A) the name of the permittee;
(B) the location or identification of the food establishment facility or vehicle for which the permit is suspended or revoked;
(C) the reason for the suspension or revocation; and
(D) a statement informing the establishment of its right to appeal the suspension or revocation.
(q) Appeal.
(1) A decision of the director that is appealable under this chapter is final unless the applicant, permittee, registrant, certificate holder, or food establishment to which the decision applies files an appeal with a permit and license appeal board in accordance with Section 2-96 of this code.
(2) The filing of an appeal in accordance with Section 2-96 of this code stays an action of the director until a final decision is made by the permit and license appeal board, unless the director determines that continued operation of a food establishment, or continued employment of a food service manager or a food handler, constitutes an imminent and serious threat to public health and safety and gives proper notice of that determination to the food establishment, the food service manager, or the food handler.
(r) Criminal offenses; presumption.
(1) A person commits an offense if he:
(A) impedes the lawful inspection of a food establishment; or
(B) violates any other provision of this chapter.
(2) The culpable mental state required for the commission of an offense under this chapter is governed by Section 1-5.1 of this code.
(3) A person violating a provision of this chapter is guilty of a separate offense for each day or part of a day during which a violation is committed, continued, or permitted. Unless otherwise provided in this chapter, an offense committed under this chapter is punishable by a fine of not less than $50 or more than $2,000; however, a second or subsequent conviction for the same offense within a period of less than one year from the first conviction is punishable by a fine of not less than $200 or more than $2,000.
(4) If an enforcing officer designated by the director has probable cause to believe that a person has committed an offense under this chapter, the enforcing officer may cause the arrest of the person or issue the person a written citation to appear in municipal court to answer the charge against the person. If, upon request by the enforcing officer, the person believed by the officer to have committed the offense or an owner, officer, manager, or other person in charge of the food establishment believed by the officer to have violated this chapter, refuses to promise to appear in court by signing the citation, the enforcing officer shall cause the arrest of the person. The citation must include:
(A) the section of the code violated;
(B) the name and location of the establishment;
(C) identification of and the date of the offense alleged;
(D) the date of the citation; and
(E) the signature of the officer issuing the citation.
(5) Prosecution for an offense does not prevent the use of other enforcement remedies or procedures applicable to the conduct involved in the offense.
(6) Whenever a violation of this chapter occurs that involves a mobile food unit, it is presumed that the registered owner of the vehicle for which the citation was issued is the person who committed the violation, either personally or through an agent or employee. Proof of ownership may be made by a computer-generated record of the registration of the vehicle with the Texas Department of Transportation showing the name of the person to whom state license plates were issued. This proof is prima facie evidence of the ownership of the vehicle by the person to whom the certificate of registration was issued.
(s) Variances.
(1) A food establishment may apply to the director for a variance modifying or waiving the requirements of the Texas Food Establishment Rules or the requirements of this chapter. The food establishment shall apply for the variance on a form provided by the director and shall include in the application all of the information required by Subsection 228.2431(2) of the Texas Food Establishment Rules. The application must be accompanied by a nonrefundable application fee of $591. The fee does not apply to mobile food units applying for a commissary variance pursuant to Section 17-8.2(g)(B)(i).
(2) The director may grant a variance by modifying or waiving the requirements of Subchapter I, Subsections 228.243(a) through (c), of the Texas Food Establishment Rules or the requirements of this chapter if, in the opinion of the director, a health hazard or nuisance will not result from the variance.
(3) If a variance is granted, the director shall retain in its records for the food establishment the information provided by the applicant under Subchapter I, Subsection 228.243(b), of the Texas Food Establishment Rules. A food establishment granted a variance shall comply with Subchapter I, Subsection 228.243(c), of the Texas Food Establishment Rules and any conditions or standards for the variance established by the director or this chapter.
(4) A variance granted under this section is nontransferable, vehicle specific, event specific, and location specific. If granted, the variance is valid for at least one year but not for more than two years. The variance expiration date must be printed on the variance and will remain effective unless it is sooner revoked by the director or terminated by the food establishment. A variance may be renewed through the application process set forth in Paragraph (1) of this subsection.
(5) The director shall deny or revoke a variance under this section if:
(A) the food establishment made a false statement as to a material matter on or in connection with the request for the variance or on or in connection with the permit application for the food establishment;
(B) the food establishment does not hold a valid permit issued under this chapter;
(C) the director determines that a health hazard or nuisance will result or has resulted from the variance;
(D) the food establishment failed to pay a fee required under this chapter at the time it was due; or
(E) the food establishment is in violation of any term or condition of the variance as established by the director, this chapter, or state law.
(6) If the director denies or revokes a variance, the director shall notify the applicant in writing by personal service or regular United States mail. The notice must include the reasons for the denial or revocation and a statement informing the applicant of the right to appeal the decision in accordance with Subsection (q) of this section.
(7) If, pursuant to this section, the director grants a variance to Subchapter F, Subsection 228.186(o), of the Texas Food Establishment Rules (which prohibits animals on the premises of a food establishment) to allow dogs to be present in the outdoor patio area of a food establishment, then the food establishment shall comply with the following conditions and standards in addition to any other conditions and standards established by the director for the variance:
(A) Except as allowed under Subchapter F, Subsection 228.186(o), of the Texas Food Establishment Rules, no dog may be present inside the food establishment or on any playground area of the food establishment.
(B) A separate entrance must be provided from the outside of the food establishment to the outdoor patio so that a dog will have direct access to the patio without entering the interior of the food establishment or any playground area of the food establishment. A dog on an outdoor patio may not be allowed within seven feet of any entrance to the interior of the food establishment, except when necessary to enter or exit the patio.
(C) A sign must be posted at the front entrance of the food establishment and on the outdoor patio so that it is easily visible to the public. The sign must state: "DOG FRIENDLY PATIO - DOG ACCESS ONLY THROUGH OUTDOOR PATIO. FOR COMPLAINTS RELATED TO THE DOG FRIENDLY PATIO, CALL 311." Signs must be:
(i) no smaller than 9-1/2 inches long by 12 inches wide;
(ii) printed in English and Spanish with bolded lettering of at least 36 point font in contrasting colors; and
(iii) displayed in a landscape orientation.
(D) Doors equipped with self-closing devices must be provided at all entrances to the outdoor patio from the interior of the food establishment.
(E) No food preparation, including mixing drinks or serving ice, may be performed in the outdoor patio area, except that a beverage glass may be filled on the patio from a pitcher or other container that has been filled or otherwise prepared inside the food establishment.
(F) The outdoor patio must be continuously maintained free of visible dog hair, dog dander, and other dog-related waste or debris. The outdoor patio must be hosed down or mopped with animal friendly chemicals at the beginning of each shift during which food or beverages will be served (breakfast, lunch, dinner, or late-hours), or, if a food establishment has continuous food or beverage service without designated shifts, then every six hours that the establishment is open for business, except that cleaning under this subparagraph is not required if no dog has been present on the outdoor patio since the last cleaning. Waste created from a dog's bodily functions must be cleaned up with animal friendly chemicals within five minutes after each occurrence. All dog waste must be disposed of outside of the food establishment in an appropriate waste receptacle. Equipment used to clean the outdoor patio must be kept outside of the food establishment. A food establishment must maintain a log of the cleaning schedule of the dog friendly patio and make the log available to the director for inspection upon request.
(G) While on duty, wait staff or other food handlers at the food establishment may not pet or have contact with any dog.
(H) A dog must be kept on a leash and remain in the control of the customer while in the outdoor patio area. The dog must be wearing a collar or harness with a current rabies tag attached to it.
(I) A dog is not allowed on a seat, table, countertop, or similar surface in the outdoor patio area.
(J) A dog is not allowed to have contact with any dishes or utensils used for food service or preparation at the food establishment.
(K) A dog may not be given any food (including, but not limited to, dog kibble, biscuits, and edible treats) while in the outdoor patio area, but may be given water in a disposable container.
(8) Reserved.
(9) An owner, officer, manager, or other person in charge of a food establishment commits an offense if he, either personally or through an employee or agent, violates, allows a violation of, or fails to comply with a term or condition of a variance granted under this section. (Ord. Nos. 26023; 26134; 26556; 26598; 27190; 27353; 27695; 28046; 28488; 29177; 30134; 30653; 30938; 31376; 32003; 32148; 32181; 32232; 32310)