§ 96.031 CERTIFIED FOOD MANAGER REQUIRED ON STAFF.
   (A)   Each permitted food service establishment shall have at least one certified food manager on site during food service operations. Certification is obtained through successful completion of a Food Protection Management Certification course, as approved and required by the Department of State Health Services.
   (B)   Responsibility, assignment. The owner/manager of the food establishment shall be, or select a designated person to be, in charge of food service operations who must hold a current valid Certified Food Manager certificate. The Certified Food Manager shall be present at the food establishment during all hours of operation.
      (1)   Certified food service managers required. A food establishment shall employ at least one person who is a full-time, on-site supervisory employee who is responsible for food preparation and service and holds a current food service manager certification approved by the state of Texas.
         (a)   A food establishment is in compliance with the provisions of this section if there is one full-time certified food service manager "person in charge" on duty during all times of operation.
         (b)   Food establishments that serve, sell, or distribute only prepackaged foods and non-potentially hazardous beverages, and temporary food establishments are exempt from the provisions of this section.
         (c)   Compliance may be required of establishments having exemption if they have repeated or serious or critical food code violations, or if the establishment is judged by the Inspector to be capable of causing food borne illness.
         (d)   The Inspector may require additional certified operators in sufficient number to ensure that all areas of food preparation and service, during times of operation, are under the direction of certified supervisory personnel. It shall be unlawful for any person, under these conditions, owning, operating or managing a food establishment to allow said establishment to be operated with less than the required number of certified supervisory personnel.
      (2)   Certified food service manager replacement. If a food establishment cannot meet the requirements of this section because of the termination or permanent transfer of a registered food service manager, the food establishment shall:
         (a)   Notify the regulatory authority within seven days of the effective date of termination or permanent transfer of the registered food service manager;
         (b)   Employ another registered food service manager within 30 days of the effective date of termination or permanent transfer of the previous registered food service manager; and
         (c)   During said 30-day compliance period, a certified owner, operator or manager shall be present at said establishment no less than 50% of the normal weekly operating hours of the establishment.
      (3)   Employee responsibilities. Required employees must possess a valid Mount Pleasant Food Handler certificate or satisfactory completion of an approved course of study in sanitary food handling within 30 days after employment in a food establishment. Every certificate issued hereunder shall remain effective for a period of two years. Persons possessing valid Certified Food Service Manager certificates shall be exempt from this requirement.
         (a)   Current food handler's cards and/or current food service manager certification for each employee shall be available for review by the Inspector.
         (b)   The Inspector may revoke food handler cards without appeal if the food handler is observed violating personal hygiene practices or is found to be incompetent in preventing food borne illness through safe food handling and preparation practices. Upon revocation, the food handler will have 30 days to attend the food handler orientation program and be issued a new food handler's card.
(Ord. 2005-15, passed 12-6-05; Am. Ord. 2015-1, passed 1-20-15)