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Food establishment permits shall be classified according to the duration of operation and location of such operation.
(a) The duration of a permit shall fall within one of three categories, either annual, temporary or seasonal, as follows:
(1) Annual. An establishment that operates throughout the year;
(2) Temporary. An establishment that operates 14 consecutive days or fewer, in conjunction with a special event; and
(3) Seasonal. An establishment that operates more than 14 consecutive days but less than 180 days each year, and not associated with a special event.
(b) The location classification of a permit shall fall within one of two categories, either fixed or mobile, as follows.
(1) Fixed food establishments.
a. Food service establishment: restaurants, cafeterias, snack bars, bakeries, snowcone stands, caterer’s commissaries, private school cafeterias, halfway house food services, hospital kitchens/cafeterias, institutional food services, etc., where food is prepared and served;
b. Retail food stores handling prepackaged, potentially hazardous foods;
c. Retail food stores handling, processing or selling open foods;
d. Food warehouses/wholesalers;
e. Farmer’s markets/produce stands;
f. Bars/lounges; and
g. Bed and breakfast establishments.
(2) Mobile food units.
a. Retail food unit handling prepackaged food;
b. Retail food unit (including trailers, mobile barbecues, snowcone units, etc.) handling, processing or selling open food. A separate permit is required for each different type of mobile unit owned or operated by an individual or company;
c. Mobile produce unit;
d. Mobile units delivering or selling meat, poultry, fish, sea foods or shellfish (except retail grocery delivery trucks and units that are otherwise prohibited by this article). Except for wholesale fish truckers, any person who operates, sells or engages in the distribution of any meat, poultry, fish, sea foods or shellfish in the city shall operate from a fixed and permitted place of businesses. Roadside vending of meat, poultry, fish, sea foods or shellfish shall not be permitted in the city;
e. Pushcarts; and
f. Catering units.
(Ord. 12553, § 1, passed 6-18-1996)
(a) The director may deny a permit, or after notice and hearing suspend or revoke a permit for failure to comply with the requirements of this article or any state law adopted by this article.
(b) Notice of a permit denial shall be served upon the owner or operator of the food establishment either in person or by certified mail, return receipt requested, at the mailing address specified in the permit application. Notice of a hearing to suspend or revoke a license shall be sent in accordance with § 16-150 of this article.
(c) When the director revokes or suspends a food establishment permit, the director may require:
(1) All food handlers employed by the establishment to satisfy the training requirements for initial certification as a food handler; and
(2) All managerial and supervisory personnel employed at such location to satisfy the training requirements for initial certification as a food manager.
(Ord. 12553, § 1, passed 6-18-1996)
(a) When a food establishment is newly constructed or extensively remodeled, when a food establishment has a change of ownership, or when an existing structure is converted to use as a food establishment, properly prepared plans and specifications for such construction, remodeling or conversion shall be submitted to the department of planning and development for review and approval before construction, remodeling or conversion is begun.
(b) The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, types of construction materials in work areas and the type and model of proposed fixed equipment to be installed. The director of planning and development shall give the health department the opportunity to review and approve the plans and specifications to determine if they meet the requirements of this article. No food establishment shall be constructed, extensively remodeled or converted except in accordance with plans and specifications approved by the health department. Food facility owners/operators shall ensure during plans review, construction and operation that their facilities comply with all applicable city plumbing, mechanical, electrical, building, zoning and fire prevention and protection codes.
(c) The director shall inspect the food establishment prior to the start of operations to determine compliance with the approved plans and specifications, the requirements of this article and the regulations of the Texas department of health.
(Ord. 12553, § 1, passed 6-18-1996; Ord. 17522, §§ 5, 6, passed 4-24-2007)
(a) The city council shall adopt a schedule of fees for:
(1) Food establishment permits, including an additional fee for the reissuance of a permit after its expiration;
(2) Re-inspection;
(3) Plans review;
(4) Change of ownership; and
(5) Pre-permit requests for services.
(b) The health department may not issue a permit or conduct a plans review until all requisite fees have been paid.
(Ord. 12553, § 1, passed 6-18-1996; Ord. 12707, § 1, passed 10-8-1996; Ord. 25772-09-2022, § 1, passed 9-27-2022, eff. 10-1-2022)
Health department staff members may respond to requests to determine whether a property is suitable for development as a food service facility. The requestor shall pay the health department a prepermit site evaluation fee, at a rate established by the city council.
(Ord. 12553, § 1, passed 6-18-1996)
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