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The director of the health department and the director’s authorized representatives are authorized to administer, implement and enforce the provisions of this article and the provisions of the Texas Health and Safety Code and the rules of the Texas board of health relating to food, and to issue orders requiring compliance with same.
(Ord. 12553, § 1, passed 6-18-1996)
(a) The director may enter premises or vehicles regulated by this article at all reasonable times, whenever it is necessary to make an inspection to enforce any of the provisions of this article or other laws regulating food, to inspect permits, certificates and other records required by this article and state and federal laws regulating food, to collect samples of food and other substances as may be necessary for the detection of unwholesomeness or adulteration, or whenever probable cause exists to believe that a violation of this article or other laws regulating food exists thereon.
(b) The director shall first present credentials and demand entry if the premises are occupied. If the premises are unoccupied, the director shall first make a reasonable attempt to locate the owner, operator or other person in control of the premises and demand entry.
(c) If entry is denied or if a person in control cannot be located, the director shall have every recourse provided by law to secure entry, including obtaining a search warrant under the guidelines of the Texas Code of Criminal Procedure.
(Ord. 12553, § 1, passed 6-18-1996)
The director may through risk analysis determine the risk of every food establishment not exempt from this article. Based on the results of the risk analysis, the director may:
(a) Determine the minimum inspection frequency of an establishment; and
(b) Require high risk establishments to provide the health department with a hazard analysis critical control point (HACCP) plan. The director may conduct a HACCP inspection of any high risk establishment.
(Ord. 12553, § 1, passed 6-18-1996)
(a) No person shall operate a food establishment without a current, valid food establishment permit issued by the health department.
(b) A separate permit shall be required for every food establishment with separate and distinct facilities and operations, whether situated in the same building or at separate locations. Separate and distinct lounge operations within a food establishment that are in addition to food operations require a separate permit. Multiple lounges on the same floor in the same building and under the same liquor license will not require a separate permit.
(c) Permits issued under the provisions of this article are not transferable. A permit shall be valid for the period of time shown on the face of the permit, unless earlier suspended or revoked by the director.
(d) The application for a new or a renewed permit shall be made on an application form prescribed by the director.
(1) At a minimum the application shall require the applicant’s name, type of business organization, the name and address of the owner or principal officer of the business, the nature of the business, the location of the business, and such other information as the director deems necessary.
(2) Applications for permits for mobile food units or temporary event establishments which operate from a fixed food facility located outside of the city shall include a copy of the facility’s current, valid, permit (state or local) and the most recent facility inspection report (state or local).
(e) The health department may not renew an expired or expiring permit until the owner or operator of the food establishment provides proof of compliance with current minimum health department requirements.
(f) The owner or operator of a food establishment shall post and maintain the current permit in a conspicuous public place in the establishment for which the permit was issued.
(g) Upon change of ownership of a business, the new owner shall be required to meet current food establishment standards as defined in this code and state law before a permit will be issued by the health department.
(h) The following types of establishments are exempt from the requirements of this article:
(1) Group homes;
(2) Establishments selling only commercially packaged, nonpotentially hazardous foods;
(3) Vending machines;
(4) Facilities operated by nonprofit organizations for their members, families and invited guests. Facilities are not exempt when food service is provided in conjunction with a child care facility, retirement center, hospital, school, indigent feeding program or public fundraising events; and
(5) Private schools that do not have a kitchen.
(i) Criminal offenses.
(1) A person commits an offense if the person knowingly owns, operates or is in control of a food establishment that is operating without a valid food permit.
(2) A person commits an offense if the person owns or operates a food establishment and knowingly fails to post and maintain a permit in accordance with subsection (f) above.
(Ord. 12553, § 1, passed 6-18-1996)
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