§ 114.02  FOOD ESTABLISHMENT REGULATIONS, PERMITS AND PRE-OPERATIONAL INSPECTIONS.
   (A)   General.
      (1)   Regulatory authority. Any reference to REGULATORY AUTHORITY in the rules shall mean the City of Heath City Council by and through its authorized representative to enforce the provisions of this chapter. For purposes of this chapter, the authorized representative shall be the Building Official, or his or her authorized designee.
      (2)   Amendment.  25 TAC, § 229.171(i)(1) of the rules, “competency of inspectors,” is amended to delete:“An individual conducting inspections or retail food establishments should be a registered professional sanitarian in Texas or a sanitarian-in-training in Texas, as defined in § 265.142 of this title (relating to definitions), or should meet the FDA Voluntary National Retail Food Regulatory Program Standards basic curriculum and field training elements in order to:” and substitute therefor: “An individual shall be a registered professional sanitarian in Texas, as defined in 25 TAC, §§ 140.101 et seq. and meet the education requirements in order to:”
      (3)   Grease. If a food establishment is required to install a grease trap or grease interceptor, the trap or interceptor shall be located outside. Size shall be determined by the Building Official.
      (4)   Disposers. Disposers shall not be allowed in newly constructed establishments. If in place at the time of passage of these rules they should be operated in accordance with these rules.
      (5)   Amendment.  25 TAC § 229.165(f)(24) of the rules, relative to food equipment certification, classification, acceptability, amended to delete: “Food equipment that is certified or classified for sanitation by an American National Standards (ANSI) accredited certification program will be deemed to comply with subsections (a)-(f) of this section,” and substitute therefor: “Food equipment installed in an establishment after the adoption of these rules, and food equipment in new or extensively remodeled establishments shall be of National Sanitation Foundation (NSF) or equivalent approval. Any other equipment is subject to approval by the City of Heath.”
   (B)   Permit required.
      (1)   It shall be unlawful for any person to operate a food establishment within the limits of the City of Heath without having been issued a valid food service establishment permit. Only a person who complies with the requirements in this chapter shall be entitled to receive or retain a permit, and not withstanding the fact that all inspections necessary for obtaining a food service establishment permit have been completed, the permit shall not be issued until the building in which the establishment is to be located has been issued a certificate of occupancy by the City of Heath. Permits are not transferable from one person, place or entity to another person, place or entity. A valid permit shall be posted in or on a conspicuous place of every food establishment regulated by this chapter. Permits shall remain in effect for 12 months from the date of issuance unless sooner revoked for cause, or as otherwise provided herein. If the permit is granted to a temporary food establishment, the permit shall be in effect for a period of time not exceeding 14 consecutive days in conjunction with a single event or celebration.
      (2)   A food establishment operated solely by a nonprofit organization is exempt from the permit requirements of this chapter, but not from compliance with the rules.
      (3)   Mobile food establishments and hot trucks shall be considered food establishments and shall comply with all pertinent regulations contained herein. Provided, however, the permit required by this chapter shall be issued for a 12-month period and shall be posted that it may be visible from outside the vehicle.
   (C)   Issuance of permits.
      (1)   Any person desiring to operate a food establishment shall make written application for a permit on a form provided by the City of Heath. The application shall include the name and address of each applicant, the location and type of food establishment, the number of certified employees, square footage of facility, capacity of grease trap, grease trap servicing company and pest control company and signature of applicant. An application for a temporary food establishment shall include the inclusive dates of the proposed operation and the location of the event.
      (2)   The application shall be accompanied by a non-refundable permit fee. The Rockwall Independent School District (RISD) is exempt from the permit fee, but not from compliance with these rules.
      (3)   Permit application shall be renewed annually at least ten days prior to expiration date.
(2005 Code, § 9-13-2)  (Ord. 010419A, passed - -)