(A) The regulatory authority shall inspect the food establishment prior to the issuance of the food establishment permit to determine compliance with any approved plans and specifications, compliance with other requirements of this chapter and whether a certificate of occupancy has been issued for the building in which the establishment is to be located. Upon making such findings, the regulatory authority may issue a food establishment permit, subject to annual renewal, continued compliance with the provisions of this chapter, and the existence of a valid certificate of occupancy for the building in which the establishment is located.
(B) The regulatory authority shall inspect a food establishment at a frequency which is determined by a prioritization schedule based upon assessment of the food establishment’s history of compliance and potential risk factors of causing foodborne illness according to 25 Tex. Admin. Code § 228.244, as amended, and evaluated by the regulatory authority.
(C) The manager or his or her designee shall classify the food establishments as high, medium, or low priority, according to risk factors deemed relevant to the operation by 25 Tex. Admin. Code § 228.244, as amended. High priority and medium priority establishments must be inspected at a minimum of twice per year. Low priority establishments must be inspected at least once per year.
(D) Inspection frequency of a food establishments may be increased, at the regulatory authority's discretion, and as often as necessary for the enforcement of this chapter and for any conditions listed in this chapter such as:
(1) Prior nonconformance with this chapter or with state or federal regulations, including priority items or priority foundation items, as defined in 25 Tex. Admin. Code § 228.2;
(2) Prior violations of this chapter or with state or federal requirements, including core items as defined in 25 Tex. Admin. Code § 228.2;
(3) Prior complaints investigated and found to be valid by the regulatory authority;
(4) Hazards associated with the particular foods that are prepared, stored, or served at the food establishment;
(5) The type of operations, including the methods and extent of food storage, preparation, and service;
(6) If the primary population served is a highly susceptible population; and
(7) Any other risk factors deemed relevant to the operation by the regulatory authority.
(E) Food establishments shall receive a deduction of three to four points for each violation of a priority item, deduction of two points for each violation of a priority foundation item, and deduction of one point for each violation of a core item, as defined by this chapter, as found by an inspector during an inspection.
(1) Food establishments that score between 70 to 79 points will be placed on a compliance plan and inspected quarterly until inspections with a score of 85 points or more is achieved consecutively three times. Failure to meet a score of 85 points on an inspection during the compliance plan will extend the compliance plan period until such time the food establishment can meet this requirement. All compliance plan inspections are subject to a reinspection fee for each inspection.
(2) Food establishments that score 69 points or less shall constitute an imminent health hazard and the food establishment shall immediately cease operations and remain closed until the regulatory authority conducts a reinspection. The inspector who documents the violation shall provide his or her cell phone number and his or her supervisor’s cell number to coordinate a reinspection over the weekend, if necessary, but in no event shall a reinspection occur earlier than 24 hours following the closure, unless conditions exist that make such re-inspection not feasible. A reinspection occurring sooner than 24 hours following the closure may occur only at the discretion of the regulatory authority. Inspections on the weekend for closure will be considered an emergency inspection. The inspector shall endeavor to perform a reinspection as soon as possible. It shall be the responsibility of the permit holder to contact the regulatory authority at the provided phone numbers and schedule a reinspection and pay the reinspection fee prior to the reinspection being conducted. The food establishment shall remain closed until a reinspection of the food establishment results in a score of 80 points or more.
(3) Food establishments that score 69 points or less, upon resuming operations based on the requirements of division (E)(2) above, shall be placed on a compliance plan and inspected monthly until the food establishment receives a score of 80 points or more for three consecutive months. Failure to meet a score of 80 points on an inspection during the compliance plan will extend the compliance plan period until such time as the food establishment can meet this requirement. All compliance plan inspections are subject to a reinspection fee for each inspection.
(4) If, during a routine inspection, immediate correction of a priority foundation item violation, as defined by this chapter, is not achieved, the regulatory authority shall verify correction of the violation within 14 calendar days. If said priority foundation item violation is not corrected during the initial inspection and a reinspection must be performed within the following 14 calendar days, the permit holder will be subject to a reinspection fee as set forth in the city’s Regulatory Compliance fee schedule and shall be assessed prior to the inspection.
(5) Failure to pay the required reinspection fees outlined in this chapter shall result in the immediate suspension of the food establishment’s permit to operate, and the facility shall immediately cease operations and remain closed until all required fees are paid and an inspection is conducted which results in the food establishment meeting the minimum score required by the compliance plan. Citations may be issued for noncompliance.
(6) If a facility is placed on a compliance plan more than two times in one year, the Director of Regulatory Compliance or their designee shall have a compliance plan meeting in which the establishment will provide a detailed plan for achieving compliance. A mandatory training for all employees of the facility will be conducted with the Department of Regulatory Compliance regarding food code compliance and an emergency reinspection fee shall be charged per the fee schedule.
(F) Based upon the scoring process outlined in division (E) above a letter grade for each food establishment shall be determined by the regulatory authority. The grade of each food establishment shall be evidenced by the posting of an inspection card as outlined in the following division (F)(1).
(1) Grade cards shall be provided by the regulatory authority and shall be posted in a conspicuous place, so as to be clearly visible to the general public and to the patrons entering the food establishment.
(a) The grade of each food establishment shall be evidenced by the posting of an grade card in the form of a matrix barcode (QR code) provided by the regulatory authority.
(b) Grade cards shall be posted in a location as directed and determined at the discretion of the regulatory authority to ensure proper notice to the general public and to patrons.
(c) The grade card shall be posted in a location which is accessible to all food establishment patrons to scan with a mobile device. The QR code will direct patrons to an online posting in which the most recent inspection score and letter grade for the food establishment will be available and that is managed by the regulatory authority.
(d) In the event that a mobile or other device is unavailable in order to use the QR code function, food establishments will have readily available and furnish a copy of their most recent inspection report, upon request, to the public for viewing.
(e) In conjunction with the QR code grade card, a placard provided by the regulatory authority with a categorized designation will be provided by the regulatory authority based on the food establishment inspection score.
(f) Placards shall be posted in a conspicuous place so as to be clearly visible to the general public and patrons entering the food establishment.
(2) In the event that a food establishment is operated in the same building or space as a separately licensed or permitted business, or in the event that a food establishment shares a common patron entrance with such a separately licensed or permitted business, or in the event of both, the regulatory authority shall post the letter grade card in the initial patron contact area, or in a location determined at the discretion of the regulatory authority.
(3) The grade card shall not be altered, defaced, marred, camouflaged, hidden or removed. It shall be unlawful to operate a food establishment unless the letter grade card is in place as set forth in this chapter. Removal or alteration of the letter grade card is a violation of this chapter and may result in the suspension or revocation of the food establishment permit.
(4) In the event the grade card is lost or stolen, it is the responsibility of the owner and/or manager to notify the regulatory authority for a replacement card.
(5) In the event the food establishment is closed by the regulatory authority, the grade card shall be removed from view and replaced with a sign, provided by the regulatory authority, advising the public of the closure. The sign must remain visible until such time the regulatory authority allows the reopening to occur.
(G) Denial of access by a food establishment to the regulatory authority shall be cause for suspension or revocation of the food establishment's permit.
(Ord. OR-2235-21, passed 12-13-21; Am. Ord. OR-2236-22, passed 1-10-22; Am. Ord. OR-2249-22, passed 4-25-22; Am. Ord. OR-2348-24, passed 2-26-24)