§ 93.75  PERMITS FOR FOOD ENTERPRISES.
   (A)   Permit required.
      (1)   Except as provided in division (4) below, a person must hold a permit issued by the Health Authority to operate a food enterprise.
      (2)   A permit shall be required, however no permit fee shall be assessed for any food enterprise or operation of the city, operated under assistance from the Texas Commission for the Blind or operated by a public school system located in the city.
      (3)   A person must hold a permit issued by the Health Authority to operate a group residence with more than six residents with food is provided, stored, or prepared onsite or by a third party operator or facilitator.
      (4)   A permit is not required for vending machines that only dispense non-potentially hazardous food.
      (5)   A person must comply with the requirements of this subchapter to receive or retain a permit.
      (6)   A permit issued under this subchapter is not transferable.
      (7)   A permit holder or person in charge of a food enterprise shall post a permit required by this subchapter in a prominent location
   (B)   Permit application.
      (1)   A person who seeks to operate a food enterprise must submit to the Health Authority a written application on a form provided by the Health Authority. The application must include:
         (a)   The name and address of each applicant;
         (b)   The location and type of the proposed food establishment or operation;
         (c)   Signature of each applicant; and
         (d)   Other information, as requested by the Health Authority, necessary to regulate the type of operation for which the permit is issued.
      (2)   Prior to approval of an application for permit the Health Authority shall inspect the proposed food enterprise to determine compliance with the requirements of this subchapter.
      (3)   If the Health Authority determines that the proposed food enterprise complies with this subchapter, the Health Authority shall issue a permit to the applicant.
      (4)   If the Health Authority determines that the proposed food enterprise does not comply with this subchapter, the Health Authority shall:
         (a)   Deny a permit to the applicant; or
         (b)   Issue a permit to the applicant that is subject to appropriate conditions.
      (5)   The Health Authority may modify or remove a condition to a permit issued under division (B)(4)(b) after a re-inspection.
      (6)   A permit is void if the applicant obtains the permit by knowingly providing false information on the application.
   (C)   Permit fees.
      (1)   An annual permit fee to operate a food enterprise shall be paid to the Health Authority upon application for a permit, except for a food enterprise operated by a public school system, or under contract or operation of the city.
      (2)   The permit fees shall be in an amount established in Exhibit A attached to Ord. 190108-B and also located on file in the office of the City Secretary.
      (3)   Permit fees shall be refunded in the event that no permit is issued.
   (D)   Permit expiration. All permits issued under this subchapter expire one year from the date of issuance, except that a permit for temporary food establishment or a permit subject to conditions expires on the date indicated on the permit.
   (E)   Suspension of permit.
      (1)   The Health Authority may, without warning, notice or hearing, suspend any permit issued under this subchapter if:
         (a)   The holder of the permit does not comply with the requirements of this subchapter;
         (b)   The food establishment or operation otherwise constitutes a substantial hazard to public health; or
         (c)   The permit holder, his agent, employee or representative impeded the lawful inspection of the establishment by the Health Authority.
      (2)   Suspension of a permit is effective immediately on service of notice.
      (3)   Food operations shall immediately cease, when a permit is suspended.
      (4)   The permit holder may file with the Health Authority a written request for hearing on the suspension within ten days. If no written request for hearing is filed within ten days, the suspension is sustained.
      (5)   The Heath Authority may end the suspension at any time if reasons for the suspension no longer exist.
   (F)   Revocation or denial of certification, registration or permit application.
      (1)   The Health Authority may deny or revoke a certification, registration or permit issued under this subchapter if the person in charge, certification, registration or permit holder or employee:
         (a)   Commits serious or repeated violations of any requirements of this subchapter;
         (b)   Interferes with the Health Authority in the performance of the Health Authority’s duties; or
         (c)   Knowingly provides false information on an application.
      (2)   Prior to revocation or upon denial, the Health Authority shall notify the holder of the certification, registration or permit or the person in charge, in writing, of the reasons for which the certification, registration or permit is subject to revocation or denial and that the permit will be revoked or denied at the end of a specified time period following service of notice.
      (3)   The permit holder or applicant may file a request for hearing on the denial of application or revocation of a certification, registration or permit within ten days. If no request for hearing is filed within the ten day period, the revocation or denial becomes final upon expiration of the time specified in the notice of pending revocation or denial.
      (4)   The holder of a revoked certification, registration, or permit or denied certification, registration or permit application must make a written application.
(Ord. 120918-D, passed 9-18-2012; Ord. 131203-C, passed 12-3-2013; Ord. 181023-A, passed 10-23-2018; Ord. 190108-B, passed 1-8-2019)