(A)
It shall be unlawful for any person to operate a food establishment within the city limits without having been issued a valid food establishment permit, the fee for which is based on the type of food establishment being operated, as set forth in the City of Mansfield Regulatory Compliance Department fee schedule. Only a person who complies with the requirements in this chapter shall be entitled to receive or retain a permit, and notwithstanding the fact that all inspections necessary for obtaining a food establishment permit have been completed, such permit shall not be issued until after the building or suite in which the establishment is to be located has been issued a certificate of occupancy by the city. 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 in public view. Permits shall remain in effect until the last day of the month of issuance unless sooner revoked for cause, or as otherwise provided herein.
(B) A temporary food establishment may apply for a temporary food establishment permit, which shall be in effect for a period of time not to exceed 14 consecutive days, in conjunction with an approved special event.
(C) Mobile food vendors shall be considered food establishments and shall comply with all pertinent regulations contained herein, including obtaining an annual mobile food vendor permit. Mobile food vendors shall operate from a central preparation facility or other permitted food establishment and shall report to such location daily for supplies and for cleaning and servicing operations. Use of a private residence as a central preparation facility is prohibited. Mobile food vendor applications must provide a valid driver's license, proof of insurance for the mobile food unit, notarized central preparation facility letter, and the latest central preparation facility inspection report from the regulatory authority. Mobile food vendors must be inspected by the Health Inspector before selling food at any event or any location.
(D) A temporary food establishment operated by or solely for the benefit of a nonprofit organization is exempt from the permit fee requirement. However, such food establishment is not exempt from the remaining permit requirements of this chapter, or from compliance with the rules.
(E) A farmers' market permit shall be issued upon receipt of such an application, remittance of fees, and completion of an inspection performed by the regulatory authority of the establishment to determine compliance with the provisions of this chapter. When inspection reveals that the applicable requirements of this chapter have been met, a permit shall be issued to the applicant by the regulatory authority.
(F) Any person desiring to operate a food establishment shall make application for a permit through the City of Mansfield Regulatory Compliance Department. The application shall include the name and address of each applicant and the location and type of food establishment. An application for a temporary food establishment shall include the inclusive dates of the proposed temporary food establishment and the location of the event. Applications for a temporary food establishment shall be submitted no later than seven days prior to the event.
(G) The application shall be accompanied by a nonrefundable permit fee, as set forth in the City of Mansfield Regulatory Compliance Department fee schedule, on file and available for inspection in the Office of the City Secretary.
(H) The Mansfield Independent School District shall be exempt from the permit fee.
(I) Every permit holder or PIC shall at all times have available on the premises for inspection the registered and certified food manager certificate and food handler certificates for all employees of the food establishment.
(J) A food establishment permit that has lapsed for non-payment of the annual food establishment permit fee will be reinstated upon payment of a reinstatement fee; excluding permits lapsed for more than three months, which may not be reinstated without the appropriate plan review application, plan review fee, and food establishment permit fee.
(K) Whenever a food establishment is constructed or extensively remodeled, and whenever an existing structure is converted to use as a food establishment, or a change of ownership occurs, properly prepared plans and specifications for such construction, remodeling, or conversion shall be submitted to the regulatory authority for review and approval before construction, remodeling or conversion is commenced. The plans and specifications shall include a proposed menu, proposed layout, equipment arrangement, mechanical plans, and construction materials of work areas, finish schedules and the type and model of proposed fixed equipment and facilities. No food establishment shall be constructed, extensively remodeled, or converted except in accordance with said approved plans and specifications. Plans shall be submitted to the Building Safety Department using the city’s self-service portal. Deviation from the approved plans and specifications shall result in a food establishment permit denial, suspension, or revocation.
(L) If a food establishment is required to install a grease trap or grease interceptor, the trap or interceptor shall be located outside. A variance to this requirement may be granted to a food establishment located in the Historic Downtown District. A licensed professional engineer will be responsible for determining the size of the grease trap to be installed to service a food establishment.
(M) The provisions in 25 Tex. Admin. Code § 228.106(x) relative to food equipment acceptability, certification and classification is amended to read: "Food equipment that is certified or classified for sanitation by the National Sanitation Foundation (NSF) or the American National Standards Institute (ANSI) will be deemed to comply with §§ 228.101-228.106 of this Title." Equipment labeled "for household use only" shall not be used in a food service establishment.
(Ord. OR-2235-21, passed 12-13-21; Ord. OR-2236-22, passed 1-10-22; Ord. OR-2249-22, passed 4-25-22)