HomeMy WebLinkAboutNovember 05, 2012 AgendaAGENDA
CITY OF DENTON CITY COUNCIL
November 5, 2012
After determining that a quonim is present, the City Council of the City of Denton, Texas will
convene in a Worlc Session on Monday, November 5, 2012 at 11:30 a.m. in the Council Worlc
Session Room, 215 E. McKinney Street, Denton, Texas at which the following item will be
considered:
NOTE: A Work Session is used to explore matters of interest to one or more City Council
Members or the City Manager for the purpose of giving staff direction into whether or not such
matters should be placed on a future regular or special meeting of the Council for citizen input,
City Council deliberation and formal City action. At a Worlc Session, the City Council generally
receives informal and prelinunary reports and information from City staff, officials, members of
City committees, and the individual or organization proposing council action, if invited by City
Council or City Manager to participate in the session. Participation by individuals and members
of organizations invited to speak ceases when the Mayor announces the session is being closed to
public input. Although Worlc Sessions are public nieetings, and citizens have a legal right to
attend, they are not public hea�ings, so citizens are not allowed to participate in the session
unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior to the
beginning of the session, a written report regarding the citizen's opinion on the matter being
explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff
will generally prepare a final report defining the proposed action, which will be made available
to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this
procedure is to allow citizens attending the regular meeting the opportunity to hear the views of
their fellow citizens without having to attend two meetings.
Receive a report, hold a discussion, and give staff direction regarding the addition of
natural gas as an alternative transportation fuel for a portion of the Solid Waste and
Recycling Services collection fleet and other interested City departments.
2. Receive a report, hold a discussion, and give staff direction regarding an ordinance of the
City of Denton, Texas amending Chapter 13 (Food and Food Service Establishments) of
the City of Denton Code of Ordinances by deleting Articles I, II, III, IV, V and VI in their
entirety; adopting the Texas Food Establishment Rules promulgated by the Texas
Department of State Health Services and malcing related deletions and amendments.
NOTE: The City Council reserves the right to adj ourn into a Closed Meeting on any item on its
Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended,
including without linutation, Sections 551.071-551.086 of the Texas Open Meetings Act.
CERTIFICATE
I certif�T that the above notice of ineeting ���as posted on the bulletin board at the CittT Hall of the CittT of
Denton, Teias, on the da�T of , 2012 at o'clocic (a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON COUNCIL WORK SESSION ROOM IS ACCESSIBLE 1N
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE
SIGN LANGUAGE 1NTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST
48 HOURS 1N ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE
DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE 1NTERPRETER
CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE: November 5, 2012
DEPARTMENT: Solid Waste Department
ACM: Jon Fortune �
SUBJECT
Receive a report, hold a discussion and give staff direction regarding the addition of natural gas
as an alternative transportation fuel for a portion of the Solid Waste and Recycling Services
Collection Fleet and other interested City departments.
BACKGROUND
The City staff has researched and examined the potential benefits of converting a portion of the
Solid Waste and Recycling collection fleet to compressed natural gas (CNG) engines, and is
considering the replacement of a portion of its new heavy duty vehicles with CNG engines.
Though the cost of a CNG vehicle is slightly higher than a diesel vehicle, the long-term benefits
far outweigh the added expense. For example, the use of CNG vehicles would allow the Solid
Waste and Recycling Department and other City participating departments to substantially
reduce their fuel costs; provide for increased stability of their transportation expenses; greatly
improve air quality through reduced exhaust and fueling emissions; and additionally, potentially
produce funire revenues through the public/private partnership. The Solid Waste and Recycling
Department in cooperation with the Fleet Services Department has applied for grants to be used
to encourage the transition of diesel powered fleets to CNG by providing grant funds to be used
for replacing diesel powered vehicles.
Over the last few years, natural gas (NG) has evolved into a widely used, environmentally clean,
and readily available fuel. The large reserves that are continuing to be discovered will directly
increase and speed up transition to natural gas fuel for vehicles in solid waste and other
transportation based industries. Natural gas is the United States' second most important energy
source after oil. Natural gas has many advantages as a transportation fuel, as it has become
recognized as a less volatile and less expensive alternative to diesel fuel. The number of CNG &
LNG fueled vehicles and fueling stations has begtin to increase at a significant rate, and are
proj ected to continue to increase over the next several years.
Today, nearly nine million NG vehicles are in use throughout the world, with roughly 130,000 in
use in the United States that fill up at some 1,200 natural gas fueling stations. Natural gas is
currently used in everything from passenger cars to heavy-duty tnicks. The solid waste industry
has been using CNG and LNG fueled tnicics for more than fifteen years.
Natural gas vehicles produce 20 to 30 percent less emissions than comparable gasoline vehicles,
and 15 to 20 percent less emissions than comparable diesel vehicles. Fuel evaporation during
Agenda Information Sheet
November 5, 2012
Page 2
refueling is significantly less, and the production of natural gas is less polluting than producing
and refining cnide oil based fuels.
One of the safety benefits related to natural gas is its reduced range of flammability (between 5
to 15% concentrations in air), which allows it to be considered generally safer than petroleum
fuels. Alsq NG will not contaminate soils or ground water.
The long-term financial benefits are a major factor in our decision to consider adding CNG
fueled vehicles to the Solid Waste and Recycling Department collection services fleet. The
reduced and stabilized fuel expenditures will enable the Department to budget within a more
accurate range, and at lower amounts. The Department may realize operational reductions
through reduced maintenance of the CNG engines, and expects to see increased usage of CNG
vehicles by other City departments and private businesses within the Denton area. The other City
departments should expect the same operational benefits.
In anticipation of transitioning to CNG, the Solid Waste and Recycling Department applied for
two State of Texas grants associated with natural gas fueling. The first grant was a Texas
Commission of Environmental Quality (TCEQ) `Clean Transportation Triangle' grant for the
constniction of a CNG & LNG (Liquefied Natural Gas) fueling station within the Transportation
Triangle, I-35 between DFW and San Antonio. The proposed fueling station site is adjacent to
the City's alternative fuels (biodiesel and E-85) station at the intersection of Mayhill Road and
Spencer, the entrance to the Solid Waste Services Facility and the Wastewater Reclamation
Plant. This location has an NG line within close proximity, which malces it a suitable site. The
widening and expansion of Mayhill Road will provide for quicicer access to the facility and will
provide higher volumes of traffic driving by the fueling station.
Recently, the City of Denton Solid Waste and Recycling Department was notified that the City
will be awarded the $400,000 `Clean Transportation Triangle' grant for the fueling facility
constniction. The grant operational requirement is for the fueling site to be a public access
station. Solid Waste staff has received verbal interest from several private companies that are
interested in constnicting and operating a CNG/LNG fueling facility at the proposed site.
Constniction and operation of a CNG/ LNG fueling facility is planned to be provided by a
private sector partner.
The second grant the Solid Waste and Recycling Department recently applied for is a TCEQ
`Texas Clean Fleet Program' grant. This grant requires the solicitor to decommission diesel
tnicics and replace them with CNG tnicics. The amount of reimbursement toward the purchase of
CNG tnicics is based on the age of the diesel tnicic due for replacement. The TCEQ will fund the
listed percentages of the CNG tnicic purchase price based on the replacement tnicic age.
80% of CNG tnick cost - Engine manufactured prior to 1988.
70% of CNG tnicic cost - Engine manufactured after 1987 and before 1998.
60% of CNG tnicic cost - Engine manufactured after 1997 and before 2004.
50% of CNG tnicic cost - Engine manufactured after 2003.
To date the Solid Waste Department has not been notified of an award of the `Texas Clean Fleet
Program' grant.
Agenda Information Sheet
November 5, 2012
Page 3
Solid Waste staff is ready to implement the partial transition to CNG vehicles. The purpose of
this item is to seek City Council feedback and direction prior to accepting the fueling station
grant and soliciting proposals from potential vendors to constnict and operate a CNG/LNG
fueling facility that is open to the public.
OPTIONS
1. The Solid Waste Department can accept the $400,000 Clean Transportation Triangle
grant, constnict a natural gas fueling facility, and transition a portion of the Solid Waste
collection fleet to CNG.
2. The Solid Waste Department can maintain and operate a diesel fleet, and not accept the
$400,000 Clean Transportation Triangle grant, nor constnict a natural gas fueling facility,
nor transition a portion of the vehicle fleet to CNG.
3. The Solid Waste Department can conduct more research and report bacic to the City
Council.
RECOMMENDATION
The Public Utilities Board and the City of Denton staff recommend the City's acceptance of the
$400,000 Clean Transportation Triangle grant, the building of a natural gas fueling facility, and
supporting transitioning a portion of the solid waste collection fleet to CNG fueling.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
This item was presented, discussed and recommended by the Public Utilities Board at their
meeting of October 22, 2012.
EXHIBITS
1. Natural Gas as an Alternative Vehicle Fuel
Respectfully submitted,
--,
G�,. `�', ���-�.
A. Vance Kemler, General Manager
Solid Waste and Recycling Services
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National State & Local Polic
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Back rou nd : Gas I nd ustr & G rants
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Fuel Pricin and Bud et Considerations
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Truck Performance and Maintenance
Safet and Emissions Environmental
y
Pro�ect Goals
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Pro�ect overview and recommendation
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■ ■
a �ona , a e, oca o �c
In April 2012 governors from 13 states signed a
letter to automakers asking for help in
converting state fleets from gasoline to CNG.
The Department of Energy has announced
projects to advance i n novative natu ral gas
veh icle tech nolog ies.
US Council of Mayors support the Natural Gas
Act
cont'd National State & Local Polic
, , y
City of Denton City Cou nci I's Pol icy is to promote
Clean Fleet initiatives - 2005
City of Denton Strateg ic Plan, KFA 3—
Sustainable Economic Development &
Environmental Stewardship:
Objective 3.3.2 — Improve local and regional air quality
Objective 3.3.3 — Manage natural resources responsibly
UPS
Waste
Management
CNG
■ ■
e � c es � n e..
■ Operates 59 LNG trucks, and over 1,000 CNG trucks
nationwide.
■ WM has begun a national effort to convert all of it's vehicles
to natural gas.
■ WM has been running an all natural gas fleet in California
for a decade.
■ WM has 1,400 CNG trucks, the largest CNG fleet in the US.
Nationwide ■ Over 11,000 transit buses. One out of every five. (EPA)
■ Nearly 4, 000 refuse trucks.
■ Over 3, 000 school buses.
■ 15, 000 - 17, 000 med i u m d uty veh icles.
■ Over 30,000 light duty vehicles.
Alternative Fuelin Stations in the U.S.
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Biod iesel
E85
Electric
Hyd rogen
CNG
LNG
LPG
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2,544
12,761
54
1,091
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.
2, 652
■
ean rans or a �on
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rian e ran — ue i n a ions
Denton was awarded a rant in the amount
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of 400 000 for establishin a CNG/LNG
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Fuelin Station
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Station is to be o en to the ublic
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Grant fundin time limit: N LT Ma 2015
g y�
Grant is a reimbursement rant
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cont'd TCE Clean Trans ortation
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Trian le Grant — Fuelin Stations
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Cit Council acce tance of the rant is
y p g
re u i red
a
Purchasin will issue an RFP to develo a
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ublic/ rivate artnershi to develo and
p p p p p
o erate a fuelin station
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exas ea n ee ro ra m
ran
Grant is limited to replacement trucks
Grant amount funds a percentage of the truck
cost, based on age of vehicle eng ine
� 80% �Engine manufactured prior to 1988�
� 70% �Engine manufactured after 1987 and before 1998�
� 60% �Engine manufactured after 1997 and before 2004�
� 50% �Engine manufactured after 2003�
$5.00
$4.50
$4.00
$3.50
$3.00
$2.50
$2.00
$1.50
$1.00
$0.50
$-
National Diesel and CNG Pump Sales Prices
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Diesel (Gallon) ��-�Natural Gas (DGE)
Clean Cities Alternative Fuel Price Report
■ ■
ue r�ce om ar�son
Unit of Measurement
Fuel Cost per DG E
DGE = Diesel Gallon Equivalent
Diesel
Ga I lon
$3.80
CNG
DGE
$1.21
Va ria nce
$2.59
nnua ue u e m ac
An n ual SW Diesel Gal lons 425, 000
Diesel Projected Expenditure at $3.80 /
Gallon
Diesel and CNG Projected Expenditure
(DGE _ $1.21)
Annual Fuel Cost Savings
(SW Collection Fleet - 50% CNG trucks)
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0 ,
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1, 615, 000
1,064,625
550, 375
■
o � as e u e m ac
I ncreased Veh icle Cost for C N G:$40, 000/ truck
(G ra nts wi I I red u ce th i s i n creased tru ck cost)
CNG Investment Payback Period: 2.9 — 3.2 years
Collection Truck Replacement Cycle: 7 years
Horsepower
Acceleration
■
ruc e ormance vs. �ese
ISL G is 320 horsepower, comparable to diesel engines
Comparable to diesel
Cruising Speed Comparable to diesel
Service Life Similar or better
Some NG fleets report service lives 2 to 3 years longer
Some NG fleets report equal too or lower maintenance
costs
High Pressure NG tanks require periodic inspection and
certification
Vehicle Range Similar or Slightly Lower
Extra NG storage tanks can increase, but additional weight will
displace some payload capacity
ae
CNG ■ Components of CNG are considered hazardous by
OSHA.
■ Flammable gas.
■ No harm expected due to eye or skin contact.
■ CNG is an asphyxiant. Maintain your oxygen supply.
Diesel ■ Considered hazardous by OSHA.
■ Combustible, keep away from fire, sparks, heat.
■ Can cause eye and skin irritation if in contact.
■ Harmful or fatal if swallowed.
■
m �ss�ons
CNG ■ NG vehicles produce little or no evaporative emissions during
fueling and use.
■ Higher carbon monoxide (CO) emissions than biodiesel.
■ Lower carbon dioxide (CO2) than biodiesel.
■ Total hydrocarbon (THC) emissions are the equivalent with biodiesel.
■ Lower nitrogen oxide (NOx) emissions than biodiesel.
■ No particulate matter (PM) emissions with CNG.
Diesel ■ Evaporative and fueling emissions can be 50% of total
hydrocarbon (THC) emissions.
■ Lower carbon monoxide (CO) emissions than CNG.
■ Total hydrocarbon (THC) emissions are the equivalent with CNG.
■ Particulate matter (PM) emissions.
roec oas
The Solid Waste Department desires to promote
environmental sustainability by improving local and
regional air quality through the addition of CNG fueled
vehicles
The SW Department desires improve its operations
sustainability by using local natural gas as a vehicle
fuel thereby reducing the purchase of diesel fuel
produced from foreign crude oil
The SW Department desires to reduce and better
control fuel costs in providing collection services
- Transition
CNG fuel
■
ro ec verv�ew
a ortion of the SW collection fleet to
p
� Year One: At least 8 SW Collection trucks
- Establish the first CNG and/or LNG fuelin
g
station to su ort the communit 's current and
pp Y
future NG fuelin needs
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� RFP for Public/Private partnership to construct/operate a
public access fueling station
ecom men a �ons
The Public Utilities Board and Denton stafF
recommend:
1 the acce tance of the $400 000 Clean
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Trans ortation Trian le Grant,
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2 that the Cit artner with a rivate entit
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y y
to construct and o erate the natu ral as
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fuelin facilit ,
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3 and that the SW De artment transition a
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ortion of the SW fleet to CNG fuelin .
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AGENDA INFORMATION SHEET
AGENDA DATE: November 5, 2012
DEPARTMENT: Planning and Development
ACM: John Cabrales �
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding an ordinance of the City of
Denton, Texas amending Chapter 13 (Food and Food Service Establishments) of the City of
Denton Code of Ordinances by deleting Articles I, II, III, IV, V and VI in their entirety; adopting
the Texas Food Establishment Rules promulgated by the Texas Department of State Health
Services and malcing related deletions and amendments.
BACKGROUND
The current version of Chapter 13 of the Denton Code of Ordinances — Food and Food Service
Establishments was adopted by the City Council on March 23, 2004. This ordinance is based on
the Texas Food Establishment Rules (TFER) published by the Texas Department of State Health
Services. The TFER is the minimum standard for all food establishments in the state of Texas.
A city may adopt niles that are more stringent than the TFER, but not less stringent.
Currently there are more than 600 food establishments in the City of Denton. These
establishments include restaurants, daycare center lcitchens, hospital cafeterias, school cafeterias,
nursing home lcitchens, concession stands, etc. The current ordinance also covers temporary food
permits, farmers marlcets, and mobile food vendors. This proposed 2012 food services ordinance
will include amended regtilations for all of the above mentioned establishments, and will malce
wholesale changes to the following existing categories: Mobile Food Units; Temporary Food
Establishments; and Farmers Marlcets/Community Marlcets.
Last Augtist 21, 2012 staff presented a new Food and Food Service Establishment ordinance to
Council and received direction to modify specific points of the proposed ordinance. These
modifications are as follows:
• Modify the definition of Commercially Manufacnired
• Add a definition for Community Marlcet
• Present pushcart codes from other cities
• Add a Class III mobile food establishment for carts in front of Lowes and Home Depot
• Clarify section 162.27 — A mobile unit is powered only by human beings. ..
• Eliminate the 30 day waiting period between Temporary Food permits
• Add Exception for the requirement to install Air Curtains and Self Closing Windows for
Concession Stands
• Add clarity to the Itinerary requirement for mobile food establishment that remain
stationary for more than one hour on one parcel
• Answer the question: Do mobile food establishment require a permit for Special Events
• Investigate the possibility of eliminating the setback requirement for mobile food
establishments on a parcel
• Provide a way for citizens to malce comments and suggestions about the mobile food
establishment portion of the food ordinance
• Look at the possibility of using existing food establishments as commissaries
• Look at a way to allow neighborhoods without Home-Owner Association and
Neighborhood Associations to pernut mobile food establishments for special
neighborhood events
• Provide clarity of the requirement for mobile food establishments to be serviced at a
commissary on a daily basis
Each of these directions has been addressed in this latest proposed Food and Food Establishment
ordinance.
OPTIONS
1. Accept the proposed Food and Food Service Establishments ordinance as presented; or,
2. Direct the Building Inspection Division to amend the proposed Food and Food Service
Establishments ordinance, and provide suggested amendments.
PRIOR ACTION/REVIEW
September 20, 2011 - A presentation regarding amending the mobile food vendor section of the
City food ordinance was made by the Building Inspections division to the City Council
March 20, 2012 — City Council worlc session on the proposed City food ordinance
March 22, 2012 - HaBSCo received a presentation of the newly proposed City food ordinance
April 3, 2012 - City Council worlc session on the proposed food ordinance
August 21, 2012 - City Council worlc session on the proposed food ordinance.
EXHIBITS
1. Current Food and Food Service Establishments ordinance from 2004
2. 2012 proposed Food and Food Service Establishments ordinance
Prepared by:
` �f
Kurt S. Hansen
Building Official
Respectfully submitted:
, �, � �,
, ��_�
� ��� �����,, � � �, � ��o ������.
�° �'�� µ�
Brian K. Locldey, AICP, CPM
Interim Director of Planning and Development
Exhibit 1
S:IOur pocumantsl0rdinances1031Food Setvice Ord 2.doc
ORDINANCE NO. OCI ' D �O
AN ORDINANCE OF THE CITY QF DENTON, TEXAS AMENDING CHAPTER 13 FOOD
AND FODD SERVICE E�TABLISHMENTS OF THE CITY OF DENTON CODE QF
ORDINANCES BY MAKING CONFORMTNG CHANGE� IN ACCORDANCE WITH
TEXAS FOOD ESTABLISHMENT RULES PROMULGATED BY THE TEXAS
DEPARTMENT O�' HEALTH; PROVIDING A SEVERABILITY CLAUSE; PROVIDIl�G A
SAVINGS CLAUSE; PRQVIDING k'OR A PENALTY NQT TQ EXCEED $2,OQ0 FOR
VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1: Tha# Chapter 13 FOOD ANI] FOOD SERVICE ESTABLISHMENTS* is
hereby amended as follows:
*Editar's note--Ord. No. 93-d58, § I, adopted April G, 1993, amended former Ch. 13, relative to
food and food establislunents, in its entirety to read as herein set out. The provisions of former
Ch. 13 derived from Code 1966, §§ 11-20--11-25, 11-36�-11-42 and Ord. No. 90-147, § I,
adopted Oct. 2, 1990.
Cross reference(s}--Health and human services generally, Ch. �4.
State law reference{s)--Seizure and deshuction oi �nwhalesome food, Vernon's Ann. C.C.P. art.
9.06; unwholesome food, drink or medicine, V.T.C.A., Penal Code § 32.42; milk grading and
sanitation, V.T.C.A., Health and Safety Code § 435.401 et sec�.; Texas Food, Drug and Cosmetic
Act, V.T.C.A., Health and Sa%ty Code § 431.001 et seq.; regulation of food service
establishmcnts, V.T.C.A., Health and Safety Code § 437.041 et seq.
ARTICLE I. IN GENERAL
Sec. 13.1 The Texas Food Establishrnent Rules as amended by the Texas Board of Health found
in 25 Texas Administrative Code, Chapter 229, sections 161 through 171 and 173 through 175
regarding the regulation of foad establishrnents in this juz�sdiction is hereby adopted as the
minimum standards for food service operations within the corporate limits of the City of Denton,
Texas. Where�er in said rules the words "municipali�y of Denton" appear, they shall be
understood to refez to the City af Dentan and �he words "regulatary authority" shall refer to the
City of Denton. A copy of these rules shall be kept on file in the office ofthe city secretary.
Any revision, addition, or deletion to the Texas Faad Establishment Rules by the Texas
Department of Health or the United States Food and Drug Administratian shall be deemed to be
an amendment to this article and adopted as of the time it goes into efFect or is published.
(Ord. No. 93-058, § I, 4-b-93)
Sec. 13-2. Defnitions.
(a) Administrator shall znean the Building Q�ficial, or their designa#ed employee, of the City
of Denton.
{e} Critical violation shall mean violation of 4-point or 5-point weighted items on the
inspection report form utilized by the city's health officer and shall require immediate corrective
action.
(g) Faod service establishment shall mean any restaurant, cafe, hotel dining roam, grocery
store, meat market, soft drink stand, hamburger stand, ice cream wagon, day care center, nursing
home, private club or any place where food or drink for human consumption is flffered far sale,
given in exchange or given away. The term does not include the following operations and
establishrnents, provided that the operations do not expose the public to a substantial and
imminent health hazard as determined by the city health officer:
(I} An establishment which handles only fresh unprocessed fruits, nuts, and vegetables and
which operates fram a unit, which is mobile in nature.
(2) The sale, distribution, or service of food at an event, party or other special gathering that
is not open to persons other than the rnembers or invited guests of the sponsor, provided that
there is no public advertisement o� the event, public solicitation of funds at or for the event, or
participaiion by the general public in the event.
(i} Health officer shall mean a sanitarian or health inspector af the City of Denton.
{j) Health or regulatory authority shall mean the City of Dentan.
Delete sections {o) and (p} and reletter tl�e remaining sections as follows:
{n) Seasonal food service establishment shall mean any faad service establishment which
operates from a fixed location for a periad not to exceed four (4) cansecutive months pravided
that such operatian sha11 occur only once during any twelve (I2) consecutive mon�h penad.
(o) Smoker shall mean any unit, whetl�er mabile or fixed in nature, which uses wood ar wood
products to pravide smoke for the purpose of slow cooking meats intended for human
consumption, whether such unit is inside an enclosed building or in an outdoor area.
(p} Temporary food sef-vice establishment sha11 rnean any food service establishment which
aperates from a fixed loca�ion far a period not to excec�d fourteen (14) consecutive days.
{q} Wholesome shall mean in sound conditian, clean, free from adulteration, and otherwise
suitable for use as human food. Food which is packaged shall be deemed wholesome if it meets
the faregoing requirements and it is used or sold prior to the expiration date marked on the
package.
(Ord. No. 93-058, § I, 4-6-93; Ord. No. 9'1-114, § I, 4-1-97}
-2-
Cross reference(s)--Definitions and rules af constructian generally, § 1-2.
Sec. 13-5. Sale or other dispasition of unwholesome food prohibited.
It shall be unlawful for any person, association of persons, firm, food service establishnnent,
temporary food se�rvice establishment or corporation to offer for sale, sell or give away any food
or drink for human consumption which has been pronounced by the city health officer to be unfit
for such use.
(Ord. No. 93-OS8, § I, 4-6-93)
Sec. 13-6. Registration of food service establishments based autside city.
A foad service establishment or commissary operating from a facility located autside the city
that sells, distributes or transports food inside the city rnay not conduct operations inside the city
unless the food service establishment:
(1) Furnishes, the health officer with a certificate from a health authority having
jurisdiction over the establishment indicating that the establishanent complies with applicable
health laws; ar
(2) Furnishes the health officer other inforrnation that the administrator determines is
necessary to enforce the provisions of this chapter ar otherwise protect the public health ar
safety.
{Ord. Na. 93-05$, § I, 4-6-93)
ARTICLE II. FOOD SERVICE ESTABLISHMENTS
Sec. 13-20. Permit required.
It shall be unlawful for any person, association of persons, firm or corporation to operate a food
service establishment in the city without having obtained a permit under the terms of this section.
(Ord. No. 93-058, § I, 4�6-93; Ord. No. 97-114, § II, 4-1-97}
Sec. 13-22. Permit Issuance.
(a) Upon receipt af an application and paytnent of the applicable fee, the health officer shall
make an inspection of the prernises where the business is to be conducted. If the premises
comply with the terms of this article and with all current requirements of the zoning ordinance,
other ordinances and state law, a permit shall be issued to the applicant upon pa�nent of the
permit fee. TY�e applicable fees shall be set by city council by ordinance and the fee schedule
sha11 be available for public inspection at the offices of the city secretary ar the health officer.
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The applicant shall submi# the applicable nonrefundable fee as set forth by city council before a
permit will be issued. Notwithstanding any ather provision of this chap�er, the payment of any
fees set under this section is not applicable ta the City of Denton or any political subdivision or
agency of the State of Texas and the United States of Ame�ica.
(b} In the event a food permit application is rejected, the administrator shall notify the
applicant of the rejection in writing. The notice shatl specify tfie reasons why the permit is
denied. The decision af the administrator is �nal unless the applicant shall file an appeal as
provided in sectian 13-28. The decision of the administrator sha�l continue in effect until the
final decision of the committee.
{c) Permits shall not be transferable. A person who acquires an existing food service
establishment shall not operate the establishment without obtaining a new permit within ten (1�)
days from the date of the change of ownership.
(d) Each food service establishment sha11 display a valid permit in public view in the
establishment.
(e) A permit will be good for a period of twelve (12) rnonths with the expiration date being
the last day oi the month the permit was issued; terriporary, and seasonal permits shall expire in
accordance with their terms.
( fl Acceptance of a permit issued by the administrator canstitutes agreement by the
establishment to:
(1) Comply with all conditions of the permit and all applicable provisions of tlus
chapter; and
(2) Allow the lawful inspection of iis facility and operations.
(Ord. Nfl. 93-058, § I, �-6-93; Ord. No. 95-182, § I, 9-12-95; Ord. No. 97-241, § I, 9-2-97)
Sec. 13-23. Ternporary food service establishments
(e) Permits far temporary food service �stablishments that are noi operating in conjunction
witfi a special event or comrnunity-based event shall be limited to three (3) permits per year per
establishment.
(2) The term temporary food service establishm�nt shali not include concession stands,
which operate at a fixed location in conjunction with scheduled, community-based sporting or
recreational events provided that the preparation and serving of potentially hazardous foods shall
be restricted to only those pre-cooked, pre-packaged poientially hazardaus food producis that
ha�e been properly prepared in accordance with all Texas Department of Health and local
requirements and are properly stored, handled, and served in the unopened, original package
from said cancession stands. In such instances where open potentially hazardous foods are
��
prepared an site from a concession stand, these shall be evaluated on a case�by-case basis and a
determination shall be made as to requirements.
(3) A ternparary food ser�ice establishment shall not:
{a) Prepare, serve, sell ar distribute any food not approved in advance by the health
off cer; or
(b) Prepare poten�ially hazardous foad; except, that the establishment may prepare
potentially hazardous food �that is approved in advance by the health officer and daes not require
substantial preparation prior to cansurnption (including, but not limited to, a hamburger or
frankfurter) or rnay prepare potentially hazardous iaad that is obtained by the establishment in
individual servings;
(4} A temporary food service establishment shall comply with Iiquid waste disposal
ordinances, solid waste disposal ordinances and fire codes.
{5) A#emporary food service establishment shall comply with Section 224.170 a�k of Texas
Food Rules and any other �requirement that the administrator determines zs necessary ta protect
the public health or safety and irnpos�s as a con�ition to the lawful operation of the
establishment.
(Ord. No. 93-058, § F, 4-6-93)
Sec. 13-24. Plans and permits.
(a} The owner shall submit plans and specifications for constructian of work areas intanded
far use in the operation of a food establislunent, and the location, size, and type of fixed
equipment and interior finishes of such areas to the City of Denton for approval before work is
begun, when a food service establiskxment is constructed, or:
(1) The nature of the operation changes;
(2) The establishment is extensively remodeled; or
(3) When an existing siructure is converted for use as a food sezvice establishrnent.
(b) In a food service establishment, the food preparation area shall be of adequate size and
shall constitute a minimum of twenty-five (25) pezcent of ihe total square footage of the
occupied permitted area.
(c) In a food service establishment, dry storage areas shall be of adequate size and shall
constitute a minimum of fifteen (15) percent of the total square footage o� the �ood preparation
area.
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(d) The minimum requirements specified in subsection {b) of this section shall be applicable
to all establishments far which building permits are issued after April 18, 1993.
(e) Construction Standards for New or Remodeled Food Establishments.
All plans submitted shall include informatian on the follawing specifications:
(1} Floors: In food preparation areas, storage areas, utensil washing areas, restrooms, and
dressing rooms, floors shall be constructed of smooth, durable, easily cleanable, nan-
absorbent rnaterials of commercial grade. Flooring must be light colored, without texture
or patterns that create difficult places to clean. In addition to the kitchen areas of day
care centers, floors in food service areas of classrooms shall rneet these requirements.
(2) Wa11s/Ceilings: in faod preparation, storage, utensil washing areas, and restrooms, walls
and ceilings must be smooth {not textured}, easily cleanable, non-absorbent, light in
calor, and durable. Wall areas behind sinks or places that receiv� heavy use must be
finished with FRP, ceramic tile, epaxy type paint or similar materials to withstand
moisture. Bathroom walls shall be finished (as those listed above) behind pluznbing
fixiures to a height of at least four (4) feet up from the floor. Heavy foad preparation
areas behind stoves, grills, and fryers shall be of stainless steel from floar to ceiling.
(3) Auxiliary Equipment: water heaters, washing machines, dryers, remote connected
refrigerators, compressors, and air conditioners must be located outside of faod
preparation areas. �
{4) Yce Machines: are to be of adequate size and located in areas tk�at zz�eet the wall, flaor and
ceiling design standards for food preparation areas. Do not locate an ice machine near
sources af potential contamiz�ation, such as exposed sewer lines, open stairweils, etc.
(5) Aisles and Working Spaces: shall be unobstructed and of sufficient width to permit
employees to readily perform their duties without cantaminating food or food contact
surfaces by clothing or persanal contact.
(b) Sneeze Guards: required for all buffet and salad bars. Average height is four feet six
inches ( 4'6") to five feet ( 5') from the floor.
(7) Storage Rooms: wood shelving is allowed #'or dry starage use only if finished with
varnish or high g�ass type paint to make swre it is smaoth, non-absarbent, and easy to
clean.
{8} Toilet Facilities: public access cannot be through the kitchen.
{9) Sinks: shall be the number required by law. A handsink shall be lacated within every 2S
linear feet of i.mobstructed space in foad preparation and utensil washing areas so it is
convenient for employees to wash hands as aften as necessary. If sink is too close to
other equipment or sinks, a splashguard may be required. Sinks are to be of adequate size
to allow far the thorough washing of hands and forearms. Blower dryers shall nat be
allowed as a rneans of drying hands in food preparation areas. Note: at the discretion af
the City af Denton, additional sinks such as pot sinks, produce washing sinks, etc. may be
required.
{10) Equipment and Utensils: all equipment is to be NSF approved or commercial grade.
{I1) Refrigerators/Freezers: must be of commercial type, and each unit must have a
numerically scaled indicating thermometer. Walk-in coolers must be cornmercially h�ilt
and have interinrs af irnpervious, non-absorbent materials. Wood and marlite surfaces in
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walk-ins are not allowed. Shelves must be resistant to rust. Mechanical refrigeration is
required an salad bars, etc. for holding cold foods cold; holding foods in ice will not be
acceptable.
{12) Water Heater: must be of adequate size to provide enough hot water for all hand
washing, ware washing, and cleaning. Minimum sizes: Sd gallons in heavy faod
preparation establishments; 30 gallons in light food preparatian establishments; and 20
gallons in no food preparation establishments.
(13) Kitchens in day care centers shall comply with a11 rules of this code except that the size
of the kitchen may be deternuned on a case-by-case basis as approved by the City of
D�nton.
(Ord. No. 93-058, § I, 4-6-93; Ord. No. 97-114, § III, 4-1-97)
Sec. 13-25. Expiration and renewal af permits.
(a) A permit lapses and is void uniess the applicable permit fee is received by the City of
Denton before the expiration date of the existing permit.
(b) A permit Iapses and is void if the food service establishment operating under the permit
constructs a new facility ar changes ownership.
{Ord. No. 93-058, § I, 4-6-93; Ord. No. 97-114, § IV, 4-1-97}
Sec. 13-29. Hearing.
A hearing of the appeal shall be conducted by the Building Construction Advisory and Appeals
Board. The hearing shall be held at a time and place designated by the Building Construction
Advisory and Appeals Board. The Building Canstruction Advisory and Appeals Board shall hear
and consider evidence offered by any interested person. Based upon the recarded evidence of
such hearing, the Building Construciion Advisory and Appeals Board sha11 sustain, modify or
rescind any notice or order considered in the hearing by a majority vote and provide a written
report of the hearing decision to the holder of the permit.
The decision af the Building Construction Advisory and Appeals Board is final as to
administrative remedies, and no rehearing may be granted. Once the decision of the Building
Construction Advisary and Appeals Board is final under this section, the applicant or permit
holder may appeal the decision to the state district court or court of appropriate jurisdiction.
(Ord. Na. 93-Q58, § I, 4-f-93)
Delete Section 13- 33 Correction of Violations.
Sec. 13-34. Reinspection.
(d) Re-inspec#ion far failure to meet required score shall b� performed within fourteen (14)
calendar days immediately following the original inspection, or as soon as possible thereafter,
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except that where an establishment is closed due to a score below sixty (60}, pursuant to section
13-62, the original inspector shall determine the time ofthe re-inspectian.
{Ord. No. 93-058, § I, 4-6-93; Ord. Na. 97-114, § VI, 4-1-97)
Sec. 13-35. Fee for re-inspection.
(a) The fee for re-inspection shall be one-half ihe annual permit fee of the establishrnent
receiving the re-inspection.
(b) A re-inspection fee will be charged for each re-inspection necessary to bring the food
establishment's score above seventy-five (75).
(c) Payment of the re-inspection fee shall not void, or in any way affect, the responsibility of
the owner or permit holder for payment o#' any fines for any other violations of this chapter.
(d} The person, part�iership, or corporatian list�d as "owner" on the ariginal application shall
be respansible for payment of any and aA fees, including re-inspection fees. The administrator
shall send an invoice requesting payment of the re-inspection fee and the permit holder shall pay
within thirty (30} days of the date of the invoice.
(Ord. No. 93-058, § I, 4-6-93)
Sec. 13-36. Examination and condemnation of food.
Food may be examined or sampled by the health officer as o$en as necessary �or enforcement of
any provision af this chapter. The health officer may, upon written notice to the owner or person
in charge specifying with particularity the reasons therefore, place a hold order on any food,
which he believes is in violation of Section 229.171 2(N) of the Texas Food Establishment
Rules or any other provision of the rules. The health officer shall tag, label, or otherwise identify
any food subject to the hald arder. No food subject to a hold arder shall be used, served, or
maved frorn the establishment. The health officer shail pernut storage of the food under
candi#ians sgecif ed in the hold ord�r, unless storage is not possible without risk to the public
health, in whzch case irnmediate destruction shall be ordered and accomplished.
(Ord. No. 93-058, § T, 4-6-93)
ARTICLE N. REGULATION OF FOOD HANDLERS*
*Cross reference(s)-�Licenses, perrnits and business regulations generally, Ch. 16.
State law reference(s)--Regulation of food service employees, V.T.C.A., Health and Safety
Code § 438.431 et seq.
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Sec. 13-40. Food handler's card required.
(a) Every person whose wark brings them into contact with the handling of food, utensils, ar
food service equipment rnust possess a valid food handler's card.
(b) Every person who owns, manages, ar othezwise cantrals any food serv�ice establishrnent
shall nat permit any person to be employed therein wha does not passess a valid food handler's
card within ten (10) days from the date of their employment.
(Ord. No. 93-058, § I, 4-6-93)
Sec. 13-41. Exemptfons.
(a) Every person who possesses a current and valid State approved certificate sha11 be
exempt from the requirernents of section i3-40.
{b} Three year card: Foodservice workers who have received a food handler's card far three
(3} consecutive years may apply for a card that would be effective for the ne�t three (3) years.
(Ord. No. 93-058, § I, 4-6-93)
Sec. 13-42. Food handler's card.
In order to receive a foad handler's card, every person must achieve a score of seventy (70) or
above on the basic knowledge test administered by the Ci#y of Denton. This rec�uirement must be
met upon expiration of a food handler's card and upon applicatian for a new food handler's card.
{Ord. No. 93-058, § I, 4�6-93; Ord. No. 97�1I4, § VII, 4-1-97)
Sec. �3-43. The permit holder of the food service establishment shall make food handler cards
and food manager certificates available for immediate inspection upon request by the regulatory
authority.
(Ord. No. 93-058, § I, 4�6-93)
Sec. 13-44. Duration of food handler card.
Any food handler's card issued under the provisians of this article shall remain in full farce and
effect twelve {12) rnonths from the date of issuan.ce, unless exernpt under Section 13-41.
(Ord. No. 93-458, § I, 4-6-93)
Sec. 13-45. Sarne-nontransferable.
Every food handler card issued under the provisions of this chapter shall be nontransferable.
(Ord. No. 93-058, § I, 4-6-93)
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ARTICLE V. VENDORS, CATERING TRUCKS, MOBILE UNITS AND OUTDOOR
SMOKER iTNITS, AND SNOW-CONE VENDORS
Sec. 13-51. Requirements far snow cone vendors.
(a) A snow cone vendor shall be limited to the sale of snow cones and pr�-packaged items
only and shall have a:
(1) Commercially approved source for ice and syrup;
(2) Hand wash sink with hot and cold running water under pressure, soap, and paper
tawels.
(3) A� least a two (2) compartment sink (with hot and cold nu�ning water under
pressure) for washing and sanitizing utensils.
(4) Waste-water holding tank of adequate size for operaiion or be connected to an
existing sanitary sewer.
(b) A snow cone vendor may also be required to meet any and all provisions required for a
faod service establishment, which the administrator deems necessary to protect the public hEaith
and safety.
(�rd. No. 93-058, § I, 4-6-93)
Sec. 13-53. Requirements far mobile units.
(a) All mobile units originating from or serving food within the city must have a valid food
service pernut, which must be kept in the vehicle at all times. The permit must bear the name of
the registered owner of the truck and truck license plate number.
(Ord. No. 93-058, § I, 4-6-93; Ord. No. 97-114, § VIII, 4-1-97)
Delete Section 13-55. Outdoor Smoker Units.
ARTICLE VI. ENFORCEMENT
Sec. I3-61. Violations.
(a) The Building Off cial of the City of Denton, or any af his designated employees, shall
have the responsibility and power to enforce aIl provisions of this chapter within the corporate
Iimits of th� City of Denton, Texas.
(b) Whenever the health officer deternunes that th.ere has been a violation of any provision of
this chapter, which in his judgment can jeopardize the public health, or for violation af any
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items, which have been noted as problems on two {2} or more consecutive inspection reports, the
health officer may issue a written citation for said person to appear in court.
(c) It shall be unlawful for any person to knowingly gi�e the health officer a false name
when such officer requests the name of sa.id person for purposes of enforcing the provisions of
this chapter.
(�rd. No. 93-058, � I, �-b-93; Ord. No. 97-114, § IX, 4-1-97)
Sec. 13�62. Authority to close.
(a} The h�alth officer shall close without warning any building or place described in this
chapter and prevent its use for the storage, manufacture, or sale of food or drink for human
consumptian whenever:
(1) The health officer, upan inspection o� an establishment, fnds sufficient
violations, which cause the rating score o� said estabiishment to be below a total of sixty
(60} points;
(2) The health officer finds that an establishment is operating with no working
refirigeration units;
{3) The health offzcer finds that an establishment is opera�ing without running water or hot
water for a period of more than one (1) hour; or
(4) The health officer finds an establishment is operating without a functioning
warewashing machine or adequate sinks for rnanual warewashing.
(b) It shall be the duty of the health officer to post a notice of closure for such cond�tions at
the entrance of such building or place and to maintain the same until such conditions or practices
have been removed or abated.
(c) No persan shall remove or alter in any way a sign, which has been posted by the health
a#'ficer.
(Ord. Na. 93-058, § I, 4-6-93}
SECTION 2: The Health Permit Fee Schedule set forth in Exhibit "A", attached her�to
and made a part hereof for all purposes, is her�by adopted and authorized to be imposed far the
purposes of application %r, and issuance of, permits required For cornp�iance with the provisions
of Chapter 13 "Food and Food 5ervice Establishments".
SECTION 3: This ordinance shall repeal every prior ordinance in conflict herewith, but
only insofar as the partion of such prior ordinance shall be in conflict; and as to all other sections
of the orc�inance not in direct conflict hererwi�li, this ordinance shall be and is hereby made
-1I-
cumulative except as to such prior ordinances or portions thereof as are expressly repealed
hereby.
SECTION 4: Any person violating any provision o� this ordinance, sha11 upon
conviction, be fin.ed a sum �ot exceeding $2,OOO.QO. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTIQN S: If any provision of this ardinance or application thereof to any person or
circumstance is held invalid by any court, such holding sha11 not aifect the va.lidity of the
remaining portions of this ordinance, and ihe City Council of the City af Denton, Texas hereby
declares that it would have enacted the rennaining portions despite any such validity.
SECTION 6: Save and except as aznended hereby, all the sections, subsections, and
clauses of Chapter 13 Foad and Service Establishments of the Code of Ordinances of the City of
Dentan, Texas shall remain in full force and effect.
SECTION 7: This ordina.nce shall became effective, after its passage and approval, on
3 , 2003, az�d the City Secretary is hereby directed to cause the caption of this
or 'nance to be published twice in the Denton Record-Chronicle, a daily newspaper published in
th.e City of Denton, Texas, vvithin ten (10} days af the date o� its passage.
PASSED AN�D APPROVED this the a�/l�day of �� , 2004
L�'vic.-2� �
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY 5ECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: � .z�
���
T e of Establishmen�
1
��
Exhibit A: Health Permit Fee Schedule:
One year Food Handler Card
Three Year Food Handler Card
Pool Mauager's Certification
Wine and Beer Inspectians {#s 3- 7}
3. Beer and Wine Permit - New Application Processing Fee
4. Wine and Beer Retailer's Permit On Premises
5. Wine and Beer Retailer's Off Premises
6. Retail Dealer's On Prernise License Beer only
7. Retail Dealer's On Premis� Late Hours License
8.
9.
� Q.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
Fee
$ 15.00
$ 45.00
$ 35.00
$ 25.04
$ 87.SQ
$ 3 Q.00
$ 7S.OQ
$125.00
Annual Swimming Pool Permit $160.00
Restaurants <_ 2,000 square feet Gross floor area $310.OQ
Restaurants >_ 2,000 syuare feet Gross floor area $485.Od
Grocery Stare <_ I2,040 square feet Gross floor area $325.OQ
Grocery Store >_ 12,000 square feet Gross floor area $450.00
Canvenience Store Without Deli $250.00
Convenience Store With Deli $300.00
Concession Stand, snow cone stand, ar similar structure $175.04
Daycare Facility $150.00 +
$1.00/each child licensed
Nursing Home / BarBakery $275.00
Seasonal Permit Fee $ 75.00
Temporary Permit $ 20.00
Application Fee for New Establishmcnts, not including
Temporary Establishments $250.00
Replacement Cards $ 5.00
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Exhibit 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 13 ("FOOD AND
FOOD SERVICE ESTABLISHMENTS") OF THE CITY OF DENTON CODE OF ORDINANCES BY
DELETING ARTICLES I, II, III, IV, V AND VI IN THEIR ENTIRETY; ADOPTING THE TEXAS
FOOD ESTABLISHMENT RULES PROMULGATED BY THE TEXAS DEPARTMENT OF STATE
HEALTH SERVICES AND MAKING RELATED DELETIONS AND AMENDMENTS THERETO;
PROVIDING A SEVERABLITITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR A PENALTY NOT TO EXCEED $2,000 FOR VIOLATIONS OF THIS ORDINANCE; AND
PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON TEXAS HEREBY ORDAINS:
SECTION 1: Articles I, II, III, IV, V and VI of Chapter 13 ("FOOD AND FOOD SERVICE
ESTABLISHMENTS") of the City of Denton Code of Ordinances are hereby deleted in their entirety and
replaced with new Sections 13-10 and 13-20 which hereby read in their entirety as follows:
Sec. 13-10 Rules on food service --Adopted• compliance procedures.
The city adopts the amendments to Texas Board of Health found in 25 Texas Administrative Code,
Chapter 229, Sections 161--171 and 173--175 as amended, which establishes regulations regarding the
regulation of food establishments in this jurisdiction is hereby adopted as the minimum standards for food
service operations within the corporate limits of the City of Denton, Texas. Wherever in these rules the
words "municipality of Denton" appear, they shall be understood to refer to the City of Denton and the
words "regulatoiy authority" shall refer to the City of Denton. The Texas Food Establishments Rules,
save and except the amendments set forth below are made a part of this article as if fully set forth herein.
A copy of the Texas Food Establishment Rules, along with city amendments, shall be kept on file in the
office of the city secretary of the city being marked and designated as the Texas Food Establishment
Rules, published by the Texas Board of Health Bureau of Food and Drug Safety (Retail foods division).
Any revision, addition, or deletion to the Texas Food Establishment Rules (TFER) by the Depai�tment of
State Health Services or the United States Food and Drug Administration (FDA) shall be deemed to be an
amendment to this article and adopted as of the time it goes into effect or is published.
Sec. 13-20 Deletions and amendments.
Amendments to the Texas Food Establishment Rules
Section 229.162 is amended by adding the following:
162.1 Administrator: the Building Official, or their designated employee, of the City of Denton.
162.2 Agricultural product: an agricultural, apicultural, horticultural, silvicultural, or viticultural,
or fish or other aquatic species product, either in its natural or processed state, that has been
produced, processed, or otherwise had value added for use as human food.
1623 Catering Establishment: shall mean a food establishment where food is completely or
partially prepared for delivery at a separate location where it is meant to be served and consumed.
For purposes of this definition of mobile food establishments, a food service establishment is
considered to be operating mobile food units, rather than to be operating as a catering
establishment; unless at each premises or property to which food is delivered, the food is
provided to one person for consumption by that person or that person's guests or invitees.
162.4 Catering operation: a food service establishment which prepares or serves food on premises
in control of another.
Page 1 of 33
162,5 Cei�tificate of Occupancy; A Certificate of occupancy is a document issued by a local
government agency indicating that a building or mobile food vehicle complies with zoning and
building laws.
162.6 Change of Ownership: a change of owner or operator of a food establishment business, and
does not refer to a change of owner of the property or building in which the business is located.
162.7 Change of Use: that which requires the owner of an establishment to submit plans before
any construction is begun on a project that changes the use of the current establishment.
162.8 Commercially Manufactured: produced or built, for commercial gain, by a person
showing a high degree of slcill or competence.
162.9 Commissary: also known as a central preparation facility; base of operations; or premises
from which a mobile unit operates. The commissary shall be used as the base of operations for all
classes of mobile food vendors. The commissary is an approved site(s) at which food
preparation, storage and cleaning or servicing of the vehicle occurs. State law prohibits the use of
a private residence as a central preparation facility or warehouse,
1162.10 Community Market; a designated location used primarily for the distribution and sale
directly to consumers of home-grown fruits, vegetables, produce or food products; meat and fish
items, plants and flowers; arts and cr�fts items; and bakery goods, beverages, daiiy products,
delicatessen, and grocery items.
162.11 Cooking demonstration: food that is not to be offered, sold, or otherwise distributed to the
public
162.12 Farmers Marlcet; a designated location used primarily for the distribution and sale directly
to consumers of food products by farmers or other producers of agricultural products 162.13
Farmer's Market Food Vendor: any person(s) who operate(s), offers, or sells food typically
known as "farm grown", "farm originating" or "farm obtained" from a location approved on
private or public properly. Foods included in "farm grown" are whole produce, plants, nuts,
certain meats, honey, eggs and pasteurized dairy products. These vendors and any foodservice
operations shall comply with the Texas Food Establishment Rules as set forth by the Dept. of
State Health Services.
162.14 Fixed Commercial Location; a building that can obtain a certificate of occupancy; not
mobile in nature.
162.15 Food handler card: a card issued by the city of Denton to all food establishment
employees whose work brings them into contact with the handling of food, utensils, or food
service equipment. These employees shall fulfill all city requirements before receiving a card.
162.16 Food handler card: a card issued by the city of Denton to all food establishment
employees whose worlc brings them into contact with the handling of food, utensils, or food
service equipment. These employees shall fulfill all city requirements before receiving a card.
162.17 Grease Interceptor: A plumbing appurtenance that is installed in a sanitaiy drainage
system to intercept oily and greasy wastes from a wastewater discharge. Such device has the
ability to intercept fi�ee-floating fats and oils,
162.18 Health Of�cer: the officer or other designated authority charged with the administration
and enforcement of this code, or a duly authorized representative.
162.19 Health or regulatoiy authority; the City of Denton.
162.20 Heavy Food Preparation; shall mean any area in which foods are prepared utilizing a grill,
griddle, deep-fat fryer, commercial type ovens, and/or any similar food preparation equipment; or
any area subject to flooding type of wet cleaning procedures due to the cutting or processing of
meat, poultry, fish or porlc. Heavy food preparation includes but is not limited to; cafeterias, fast
Page 2 of 33
food restaurants, full service restaurants, pizza preparation, donut preparation, and meat and fish
markets, etc. and may include day care centers.
For information regarding grease interceptor sizes, refer to the International Plumbing Code as
amended by the City Building Inspection Department.
162.21 Light Food Preparation: shall mean any area in which foods are prepared exclusive of the
use of fryers, grills or similar equipment. Light food preparation is usually limited to the
preparation of hot dogs, sandwiches, salads or other similar foods and fountain-type cold drinks.
Light food preparation includes, but is not limited to, sandwich shops, limited menu concession
stands, etc. and may include day care centers. For information regarding grease interceptor sizes,
refer to the International Plumbing Code as amended by the City Building Inspection Department.
162.22 Minor: shall mean an individual under the age of 18
162.23 A food establishment that seives, sells, or distributes any food or beverage fi•om a mobile
food preparation vehicle that is not operating at a permanent fixed location. A mobile foodseivice
establishment is vehicle-mounted or wheeled and capable of being readily moveable. A mobile
food unit is fully self-contained. A mobile food establishment is a commercially manufactured
vehicle fi•om which food is prepared, seived or provided for the public with or without charge.
Types of mobile food establishments: The mobile food unit classiiications are based upon the
type of inenu served.
Class I— Limited Mobile Food Establishment: these mobile food units may provide hot and
cold holding display areas from which packaged foods are displayed. Self-service by customers
of unpackaged foods is not allowed. Preparation, assembly or cooking of foods is not allowed on
the unit. Non-potentially hazardous beverages must be provided fi•om covered urns or dispenser
heads only. No dispensed ice is allowed.
Class II— General Mobile Food Establishment: these mobile food units may serve a full menu
as approved by the Consumer Health Division,
Class III - General Service Pushcarts: these mobile food units may operate only at one location
for the life of a permit and shall serve only a limited menu as approved by the Consumer Health
Division.
Class IV — Limited Service Pushcarts: these mobile food units may operate at one location for
the life of a permit or may be pushed by human power to various locations and shall serve only a
limited menu of non-potentially hazardous, prepackaged food items as approved by the Consumer
Health Division.
162.24 No food preparation; any area in which foods are provided pre-wrapped, from a source
approved by the Department of State Health Services with microwave oven type heating being
the maximum handling involved, No food preparation is limited to prepackaged sandwiches or
similar foods, candies and containerized beverages.
162.25 Non-potentially hazardous beverage: shall mean a non-alcoholic liquid intended for
consumption, whether natural or synthetic, that does not require temperature control because it is
not capable of supporting the rapid and progressive growth of infectious or toxigenic
microorganisms or the growth and toxin production of Clostridium botulinum. The term
includes:
1) Tea and coffee, excluding espresso, with powdered creamer or ultra-high, pasteurized half
and half in individual servings;
2) Commercially made, high acid beverages with a pH level of 4.6 or below, such as apple
juice, lemonade, limeade, and orange juice;
3) Fresh squeezed, high acid beverages;
4) Commercially iilled carbonated beverages;
Page 3 of 33
5) High acid beverages made from a commercial mix; and
6) Mineral water sold in open, single-service cups with ice fi�om an approved source.
162.26 Non-profit organization: All government entities and political subdivision and public
school districts; Organizations chartered under the Texas non-profit corporation act; or
Operations recognized by the IRS as a 501(c) organization or corporation.
162.27 Perishable food: shall mean any food of a type or in a condition that may spoil,
162,28 Remodeling, extensive: any change in the structure of a food preparation area or any
change in the establishment which would increase or decrease size requirements for the food
preparation or food storage areas as specified in sections 13-27 (b) and (c). The term may also
include any construction which requires a building permit from the Building Inspection Division
of the City of Denton.
It does not include; Expenditures for the replacement of moveable equipment; or remodeling
which does not affect the construction or operation of food storage or food preparation areas or
areas used to store or clean utensils and equipment used in food storage or food preparation.
162.29 Seasonal food service establishment: any food service establishment which operates from
a fixed location for a period not to exceed six (6) consecutive months provided that such
operation shall occur only once during any twelve (12) consecutive month period.
162.30 Smoker: any unit, whether mobile or fixed in nature, which uses wood or wood products
to provide smoke for the purpose of slow cooking meats intended for human consumption,
whether such unit is inside an enclosed building or in an outdoor area.
16231 Temporary Event: transitory gatherings such as traveling fairs, carnivals, multicultural
celebrations, special interest fundraisers, restaurant food shows, grand openings, customer
appreciation days, etc. also called special events. These are single events or celebrations; may
also be called a community based event.
162.32 Temporary food permit; a permit issued after fulfilling all City requirements to a food
establishment selling or serving food at a temporary event. The temporary food permit is valid
until the temporary event concludes or for 14 consecutive days, whichever is less. A temporary
food permit is valid for only one event location at a time.
162.33 Toilet facilities: flush toilets and sinks with hot and cold running water connected to an
approved system
162.34 Warehouse: shall mean any enclosed structure, room, or building where packaged food or
food products intended for off-premise consumption are stored for, sold to, or offered for sale or
distribution to persons other than the ultimate consumer.
162.35 Wholesome: in sound condition, clean, free from adulteration, and otherwise suitable for
use as human food. Food which is packaged shall be deemed wholesome if it meets the foregoing
requirements and it is used or sold prior to the expiration date marked on the package.
Section 229.163(a) is amended by adding the following:
163.1 This person shall have a valid Food Protection Management training certiiicate.
Cei�tification must be obtained by passing an examination approved by the Texas Department of
State Health Services and approved by the regulatory authority.
The following food service establishments are exempt from the requirements of this section:
1) Establishments selling only uncut produce or commercially packaged; hermetically
sealed foods;
2) a food enterprise that provides only beverages or prepackaged food that is not a
potentially hazardous food;
Page 4 of 33
3) Bars and lounges that do not serve potentially hazardous foods;
4) a food processing plant that is inspected at least once each week by a state or federal food
sanitation inspector or that only stores prepackaged food that is not potentially hazardous;
5) Concession stands that are run by volunteeis;
6) a nonprofit organization that serves food only to members of the organization;
7) a vending machine or a mobile food establishment that offers only prepackaged food, if a
certified food manager is in charge at the central preparation facility that supplies the
products for the vending machine or mobile food establishment; or
8) a temporaty event food vendor.
Compliance may be required of establishments having one of the above exemptions if they have
repeated or critical food code violations, or if determined by the health officer to be capable of
causing food borne illness.
163.2 The owner or operator of a new foodservice establishment shall provide verification to the
Consumer Health Division, prior to the opening of the establishment, that the establishment meets
the Certified Food Protection Manager requirement of this article,
163.3 If a foodservice establishment cannot meet the requirements of this section because of the
termination or permanent transfer of a registered food protection manager, the food establishment
shall: Employ another registered food manager within thirty (30) days of the effective date of the
termination or transfer of the previous manager. When an existing food service establishment has
a change of ownership, the new owner or operator of the establishment shall provide verification
to the Consumer Health Division within thirty (30) days of the effective date of the change of
ownership that it is in compliance with the certified food protection manager requirements of this
article.
163,4 A person commits an offense if the person is the owner or operator of a food establishment
and violates a provision of this section.
163.5 A person commits an offense if the person is the food manager• of a food establishment and
fails to obtain a food protection manager's certificate from an accredited program accepted by the
Texas Department of State Health Services within the time limits allowed in this article.
163.6 A person holding a food protection manager's certiiicate shall register a copy of that
certificate with the City of Denton Consumer Health Division.
Section 229.163(c)(12) is amended by adding the following:
163,7 Every person whose work br•ings them into contact with the handling of food, utensils, or
food service equipment must possess a valid City of Denton food handler card.
Every person who owns, manages, or otherwise controls any food service establishment shall not
permit any person to be employed therein who does not possess a valid City of Denton food
handler card within ten (10) days from the date of their employment.
163.8 Food handler test
In order to receive a food handler's card, every person must achieve a score of seventy (70) or
more on a the test offered by the City of Denton or pass an approved on-line course offered on the
City of Denton Consumer Health webpage. After an applicant passes an online food handler
course, the applicant shall bring verification to the City in order to receive a City of Denton
issued Food Handler card. This requirement must be met upon expiration of a food handler's card
and upon application for a new food handler's card. At the discretion of the health officer, if he or
she deems it necessary, employees may be required to attend one of the classes offered by the
City of Denton Consumer Health Division.
Page 5 of 33
163.9 Certificates available.
The permit holder of the food service establishment shall make food handler cards and food
manager� certificates displayed where they can be easily seen by the regulatory authority.
163.10 Duration of food handler card.
Any food handler's card issued under the provisions of this article shall remain in full force and
effect two years from the date of issuance.
163.11 Same-nontransferable.
Eveiy food handler card issued under the provisions of this chapter shall be nontransferable.
163.12 Same--Confiscation.
The health officer shall have the authority to confiscate a food handler's permit that has expired or
is otherwise invalid,
163.13 Personnel.
a) A food employee may drink from a beverage container that has a tight-fitting lid with a
straw.
b) Employees shall wear disposable gloves when handling ready-to-eat foods, or provide
documentation of training regarding correct handling of ready-to-eat foods as found in
section 229.164(e)(1)(D)(i)-(iii).
Section 229.164(a) is amended by adding the following:
164.1 Destruction of unwholesome food authorized,
Whenever the city health officer discoveis any food or drink displayed for sale or kept for sale,
which is unwholesome or unsafe for human consumption, the officer shall order the food or drink
to be destroyed or removed, and the owner or the t�esponsible person in charge shall immediately
destroy or remove such unwholesome or unsafe food at his or her own expense.
164.2 Sale or other disposition of unwholesome food prohibited.
It shall be unlawful for any person, association of persons, firm, food seivice establishment,
temporaiy food service establishment or corporation to offer for sale or give away any food or
drink for human consumption which has been pronounced by the city health officer to be unfit for
such use. No person shall prepare potentially hazardous or TCS food for sale to the public from
their own private residence.
Section 229.164(v)(2)(C) is amended by adding the following:
164.3 Written documentation of cool-down procedures of the food that is being donated is
required.
Section 229.165(k)(1)(C) is amended by adding the following:
165.1 Existing equipment which was installed in a food service establishment prior to the
effective date of this chapter, and which does not meet fully all of the design and fabrication
requirements of this rule shall be deemed acceptable in that establishment as long as there is no
change of ownership, equipment is in good repair and capable of being maintained in a sanitary
condition, and the food-contact surfaces are nontoxic. Replacement equipment and new
equipment acquired after the effective date of this chapter shall meet the requirements of this
chapter.
Section 229.166(j)(3) is amended by adding the following:
166.1 Grease Interceptors shall be located outside the food preparation area unless otherwise
approved by the regulatory authority.
Section 229.166(1)(14)(B) is amended by adding the following:
Page 6 of 33
166.2 Garbage Containers.
Garbage and refuse shall be kept in durable, easily cleanable, insect-proof, and rodent-proof
containers that do not leak and do not absorb liquids. Containers used in food preparation and
utensil-washing areas shall be kept covered except when actually in use.
There shall be sufficient number of containers to hold all the garbage and refuse that accumulates
during operation of the food establishment. The regulatory authority may require additional
service, dumpsters or larger dumpsters to accommodate the garbage and refuse that accumulates.
Suitable facilities, including hot water and detergent or steam shall be provided and used for
washing garbage containers. Liquid waste from compacting or cleaning operations shall be
disposed of as sewage. Power washing and contracted cleaning services shall be performed
according to applicable law.
Cardboard or other packaging materials that do not contain food residues or that are waiting
regularly scheduled deliveiy to a recycling or disposal site may be stored outside in a covered
receptacle if it is stored so that it does not create a rodent harborage problem.
Section 229.167(b)(3) is amended by adding the following:
167.1 Premises.
Food Service establishments and all parts of the property used in connection with operations of
the establishment shall be kept free of litter.
Only atticles necessaiy for the operation and maintenance of the food service establishment shall
be stored on the premises.
Section 229.167(p)(15)(B)(iii) is amended by adding the following:
167,2 A food service establishment may permit a customet� to be accompanied by a dog in an
outdoor dining area i£
a) The food service establishment posts a sign in a conspicuous location stating that dogs
are allowed in the outdoor dining area;
b) The customer and the dog access the outdoor dining area directly from the exterior of the
food service establishment;
c) The dog does not enter the interior of the food service establishment;
d) The customer retains the dog on a leash at all times and controls the dog;
e) The customer does not allow the dog to be on a seat, a table, a countertop, or a similar
surface;
� In the outdoor dining area, the food service establishment does not
1) prepare food; or
2) permit open food, except for food that is being served to a customer; and,
g) Only cleaners and sanitizers that are not harmful to animals may be used on outdoor
surfaces.
Section 229.169 is amended by adding the following:
169.1 Requirements for mobile units.
a) Application Process
1) In order to obtain a health permit to operate a mobile food establishment within
the city limits of Denton, an applicant shall submit all required applications and
applicable documents with the City of Denton and pay all required fees.
Page 7 of 33
2) The application shall include an approved Certificate of Occupancy issued by the
Building Official. A Cei�tificate of Occupancy shall be required for all mobile
units that will stop and sell food in any one parcel of land for more than one hour.
The Certificate of Occupancy verifies that all sales locations stated in the
submitted location itinerary are zoned for food establishments. Other
documentation may be required by the health officer.
3) The Consumer Health Division must be given written notice at least two (2)
business days before implementation of any changes to the filed itineraiy.
b) Permit Issuance
1) Upon receiving a proper application for a permit, the Consumer Health Division
shall make appropriate inspections of the vehicle; equipment and other
reasonable inspections concerned with the mobile food establishment and shall
issue a permit and sticker only if:
a)The inspection reveals compliance with the applicable requirements of
all federal and state statutes and regulations and city ordinances
governing the proposed mobile food establishment operation.
b) The valid sticker shall be displayed by a mobile food
establishment:
1, he hard copy of the permit shall be posted in public view inside
the vehicle and
2. The sticker permit shall be posted on the back right corner on the
outside of the vehicle — it will display the date of expiration of
the permit and the unit ID number.
2) The health permit shall be valid for 12 months. Mobile fooci establishment
permits shall not be transferable and shall be considered revoked should the food
vending operation be changed from that specified in the permit.
c) Location of Operation
1) Any location where mobile units stop and sale food in any one location for more
than one hour, shall be zoned (according to the Denton Development Code) to
allow food establishments.
2�Mobile units shall not stop and sell food in a residential District (as defined in the
Denton Development Code) without written permission from the Homeowner's
Association or a Neighborhood Association. Mobile units shall not stop and sell
food in any residential zone that does not have an active Homeowner's or
Neighborhood Association.
d) Operations on Public Property
No mobile food vehicle shall operate a business from a public park or publicly owned
property or site without written permission from the City.
e) Signage
1) Each mobile establishment must be readily identifiable by business name,
printed, permanently affixed, and prominently displayed upon at least two sides
of the units , in letters and numbers not less than 3(three ) inches in height
2) Each mobile food establishment shall be clearly marked with the food
establishment's name or a distinctive identifying symbol. The lettering shall be
at least three (3) inches in height and of a color contrasting with the background
color. If a symbol is used, it shall be at least twelve (12) inches in diameter or of
an equivalent size.
Page 8 of 33
3) Each mobile food establishment shall be clearly marked with the permit number
for purposes of identifying each unit on inspection reports and other
communications.
Section 229.169(a)(1) is amended by adding the following:
169.2 Mobile Food Vehicle Types
Class I— Limited Mobile Food Establishment: these mobile food establishments may provide
hot and cold holding display areas from which packaged foods are displayed. Self-seivice by
customers of unpackaged foods is not allowed. Preparation, assembly or coolcing of foods is not
allowed on the unit. Non-potentially hazardous beverages must be provided fi•om covered urns or
dispenser heads only, No dispensed ice is allowed,
Examples of foods that are allowed:
1) Food that was prepared and packaged in individual servings at an approved commissary
and transported and stored under conditions meeting the requirements of this ai�ticle
2) Potentially hazardous beverages such as individual seivings of millc, milk products and
coffee creams that have been packaged at a pasteurizing plant. All foods sold will need to
meet proper labeling requirements.
Note: If the vendor is selling prepackaged food, the vendor shall provide a copy of the
commet•cial food establishment's Texas Food Manufacturing permit (or Meat Safety
Assurance Permit — if applicable) from the Texas Department of State Health Services.
Class II — General Mobile Food Establishment: these mobile food establishments may serve a
full menu as approved by the Consumer Health Division.
Class III - General Service Pushcarts: these mobile food units may operate only at one location
for the life of a permit and shall serve only a limited menu as approved by the Consumer Health
Division.
Menu items shall be limited to, unless authorized by the Health Inspector: hot dogs,
nachos with artificial cheese base, corn on the cob, snow cones, popcorn, pretzels, sausage on a
stick, tea, lemonade, fruit drinks (from dry mix only), tamales, and roasted peanuts.
Class IV — Limited Service Pushcarts: these mobile food units may operate at one location for
the life of a permit or may be pushed by human power to various locations and shall seive only a
limited menu of non-potentially hazardous, prepackaged food items as approved by the Consumer
Health Division.
Menu items shall be limited to, unless authorized by the Health Inspector: prepackaged
chips, candy, ice cream, prepackaged sodas, and bottled water.
169.3 Class III and Class N Mobile Food Vendors shall not:
1) use a vehicle that exceeds 6 ft. x 4 ft, x3 ft.;
2) enter or occupy a public roadway to solicit or conduct a sale;
3) place any signs or other advertising devices on public property other than those signs
affixed to the vehicle;
4) physically or visibly obstruction pedestrian and vehicular traffic;
5) sell, distribute, or offer for sale, goods or services that have not been approved by the
Health Inspector;
6) be located within a construction area, or;
7) conduct business with vehicular traffic located in the street right-of-way.
169.4 Seivicing by commissaries
Page 9 of 33
Mobile food establishments shall report to the approved commissary locations for supplies,
cleaning, and servicing operations as follows:
1) The interior of the mobile food establishment shall be cleaned and serviced at the
approved commissary at least daily and shall be stored when not in operation.
2) The mobile food establishment shall acquire needed supplies fi�om the commissary or
other approved sources.
3) An existing food establishment may seive as a commissary for a mobile food
establishment only if approved by the health officer, The existing food establishment
would be required to have an approved vehicle storage facility, approved potable water
hookups, approved wastewater drainage facilities, approved grease interceptor hookups
and size, and any other accommodations as determined necessary by the health officer to
ensure compliance with all regulatory codes.
4) The mobile food establishment shall provide documentation of each visit to the
commissaiy and shall have that documentation available for inspection.
169.5 Servicing Records
It shall be unlawful for an operator of a mobile food establishment to be in operation without a
valid servicing record in his possession. The operator of a mobile food establishment shall keep
and maintain servicing records on the mobile food establishment for a period of one year from the
date of servicing. The servicing records must be immediately available to any peace officer or
health officer for inspection.
169.6 Vehicle construction
a) The interior of the vehicle shall be commercially manufactured or be approved by the
health officer.
b) The food preparation area of the vehicle shall be completely enclosed.
c) Mobile food establishments may be required to provide an on board power source, such
as a battery or generator, to assure maintenance of PHF/TCS foods at proper temperatures
during transit, preparation and service. The vehicle must be equipped with commercial
mechanical facilities. All equipment on the vehicle is to be NSF approved, ANSI
approved, or of commercial grade.
d) The cab of the vehicle must be physically separated from the food preparation area, and
the seats designated for the cook and any passengers must be located outside of the food
preparation area.
e) All cooking equipment and hot holding units must be located at the rear of a mobile food
preparation vehicle, Covers for deep fryers must be provided and installed over fryer
units while vehicle is in motion.
� The vehicle must be equipped with a built-in hose that may be used to wash the interior
of the vehicle when it is at the commissary for servicing.
169.7 Exterior surfaces
Exterior surfaces of mobile food units shall be of weather resistant materials and shall comply
with all applicable laws.
169.8 Utility connections
Utility connections shall be limited to only electrical service and shall be in full compliance with
the Electrical Code. All electrical extension cords shall be of industrial grade quality and shall be
utilized in a safe manner as not to be a nuisance or a trip hazard. Mobile food establishments shall
not be connected to any potable water service, sanitary sewer service, or fuel gas service while in
the operation of preparing or vending food.
Page 10 of 33
169,9 Damage Repoi�t
Any accident involving a mobile food establishment that results in damage to the water system,
waste retention tank, food service equipment, or any facility that may result in the contamination
of the food being transpoi�ted or any damage that results in a violation of this section, shall be
reported within 24 hours of the time the accident occurred. Repoi�ts shall be made by the holder of
the mobile food establishment health permit.
169.10 Overhead Protection
Overhead protection shall be provided for mobile food units that are operated outdoors and where
food is not covered at all times. The overhead protection shall consist of, but not be limited to,
roofing, ceilings, awnings, or umbrellas. The overhead protection must be easily cleanable.
169,11 Any additional equipment or the arrangement thereof other than that approved when the
permit was issued shall be prohibited unless approved in advance by the Consumer Health
Division.
Section 229.169(a)(7) is amended by adding the following:
169.10 A mobile food establishment must demonstrate mobility at any reasonable time if
requested by any peace officer, health officer, or designated city employee.
169.11 Operation capacity limited
The operator of a mobile food establishment shall prepare, serve, store, and display food and
beverages on or in the mobile food unit itself; and shall not attach, set up, or use any other device
or equipment intended to increase the selling, serving, storing, or displaying capacity of the
mobile food establishment. It shall be un-lawful for the operator of a mobile food establishment
to:
1) Allow items such as, but not limited to brooms, mops, hoses, equipment, containers and
boxes or cartons to remain adjacent to or beneath the mobile food establishment;
2) Provide or allow any sign or banner to remain that is not attached and solely supported by
the mobile food establishment; or,
3) Sell food outside of the vehicle, for example, fi•om a table under a free standing canopy.
All food vending shall be done from the mobile unit.
169.12 Mobile food establishments are limited by the types and choices of approved food items
being prepared and sold. Food preparation may be restricted by Consumer Health.
Section 229.169(a)(8)(A) is amended by adding the following:
169.13 If liquid waste results from the operation of a mobile food establishment it shall comply
with the following:
1. It shall be stored in permanently installed, vented retention tanks that are at least �fteen
percent (15%) larger than the water supply tank, but not less than thirty (30) gallons of
capacity and shall be drained and thoroughly flushed during servicing operations.
2. All liquid waste shall be discharged to an approved sanitary sewage disposal system at
the commissary.
3. Liquid waste shall not be discharged from the retention tank when the mobile food
establishment is at an operational location,
4. The waste connection shall be located below the water connection to preclude
contamination of the potable water system.
5. Connection to a sewerage system at an operation location is prohibited.
Page 11 of 33
6, All used fats, oil, or grease shall be dischaY•ged to an approved grease interceptor at the
commissaiy. Used fats, oils, or grease shall not be discharged to any unauthorized
food establishment grease interceptor.
Section 229.169(a)(9)(B) is amended by adding the following:
169.14 Garbage and Refuse
A mobile food establishment shall provide a minimum of 20 gallons for garbage and refuse
storage facilities for the operatoY•'s use; and shall have gaY•bage and storage facilities attached to
the exterior of the mobile food establishment that are insect and rodent-proof for customer use.
169.15 Access to Restroom Facilities
Prior to the issuance of a health permit, the operator of a mobile food establishment shall submit
to the Consumer Health Division and comply with the following:
a) Written proof of availability of r•estrooms with flushable toilets for the use of the mobile
food establishment employees located in a business establishment within 500 feet of each
location where the mobile food unit will be in operation for more than one (1) hour in any
single day.
b) Proof of availability of adequate facilities shall be in the form of a written and notarized
statement from the owner, or owner's agent, including the name, address and telephone
number of the property owner or authorized agent, and the type of business and hours of
operation, granting permission for the use of the facilities. If the business owner is a
partnership or corporation, the statement shall include the name, address and telephone
number of one of the partners or officers.
c) A copy of the notarized statement shall be displayed in the mobile food establishment in
plain view of the public at all times.
169.16 Separation and Setbacks
Mobile food vehicles shall be separated from existing buildings and other mobile food vehicles
by a minimum of 12 feet. Mobile food vehicles shall be subject to all current zoning and setback
regulations found in the Denton Development Code (DDC). Mobile food vehicles shall not set up
in iire lanes or parking spaces that are required by the Cei�tificate of Occupancy of an existing
business.
169.17 Food Transportation
1) During transportation, food and food utensils shall be kept in covered containers or
completely wrapped or packaged so as to be protected from contamination. Foods in
original packages do not need to be overwrapped or covered if the original package is
sealed.
2) Food shall be maintained at required temperatures at all times during transport.
169,18 Closure of a Mobile Food Establishment:
When a mobile food unit is closed by the health officer for critical violations, the health officer
shall post a closed sign and the inspection repoi�t on the unit. When a commissary or warehouse is
closed by a health officer for critical violations, the health officer shall post the inspection report
inside the facility, No person except the health officer shall remove or alter the inspection report
or closed sign.
169.19 Requirements for snow cone vendors and ice cream vendors
a) A snow cone vendor shall be limited to the sale of snow cones and pre-packaged items
only and shall have a:
Page 12 of 33
1) Commercially approved source for ice and syrup;
2) Hand wash sink with hot and cold running water under pressure, liquid soap, and
paper towels;
3) At least a two (2) compartment sink (with hot and cold running water under pressure)
for washing and sanitizing utensils; and,
4) Waste-water holding tank of adequate size for operation or be connected to an
existing sanitary sewer,
b) A snow cone vendor may also be required to meet any and all provisions required for a
food service establishment, which the administrator deems necessaiy to protect the public
health and safety. This type of establishment may be a�xed location capable of
obtaining a certificate of occupancy.
c) A water heater system capable of producing water of 100° degrees Fahrenheit
interconnected with the potable water supply shall be provided. A minimum of 15
gallons of water must be available.
d) Adequate, conveniently located and accessible toilet and lavatory facilities shall be
available to the snow cone stand at all times. A notarized letter signed by the
owner/operator of the establishment where the facilities are located, must be submitted
with the permit application giving written permission for the snow cone personnel to use
such facilities and that the facilities will be available for use at all times during the food
establishment's hours of operation. The path of travel to such facilities shall not exceed a
distance of 500 feet.
169.20 Requirements for the sale of ice cream, other frozen desserts or novelties upon a public
street
(a) A person may not sell ice cream, frozen desserts or other novelties from a vehicle
before sunrise or after sunset.
(b) Ice cream, fi•ozen desset�ts, and other novelty frozen food items shall be individually
wrapped by the manufacturer before being placed in the vehicle from which they are sold
and shall be sold in the original wrapping.
(c) Such fi•ozen items as described in (b) above may be sold from a pushcart.
169.21 All vehicles offering ice cream for sale shall have:
1) An automatic flashing device consisting of two lamps at the front of the vehicle, mounted at
the same level and as widely spaced laterally as possible and displaying simultaneously flashing
amber lights, and two (2) lamps at the rear of the vehicle mounted at the same level and as widely
spaced laterally as possible and displaying simultaneously flashing amber lights, to be used at all
times while each vehicle is in use for food service or solicitation of sales;
2) Signs in front and real bearing the word "SLOW" in letters not less than six (6) inches high;
and 3) be capable of maintaining a constant temperature for food storage and contain, in a
conspicuous place, a thermometer to allow for verification of temperatures.
Section 229.169(b)(2) is amended by adding the following:
169.22 Servicing records to be kept by commissaries
The commissary from which a mobile food establishment operates shall issue and maintain
servicing records for each unit in a manner and form prescribed by the health officer. The permit
holder, person in charge, employee, or representative of any commissary shall keep and maintain
servicing records at the commissary for a period of two years from the date of servicing or until
retrieved by the health officer, whichever comes first. Seivicing records maintained at the
commissary shall be immediately available to any peace ofiicer or health officer for inspection
during normal business hours.
Page 13 of 33
169.23 Falsification of servicing records
It shall be unlawful for an owner, permit holder, person in charge, employee, or representative of
any commissary to issue a servicing Y•ecord without first verifying that the mobile food
establishment has complied with all servicing requirements. It shall be unlawful for any owner,
permit holder, person in charge, employee, or representative of any commissaiy or mobile food
establishment to knowingly present or issue any false, fraudulent, or untruthful seivicing record
for the purpose of demonstrating compliance with the requirements of this chapter.
Section 229.169(c)(2) is amended by adding the following:
169.24 Servicing operations
1) Potable water-servicing equipment shall be stored and handled in a way that protects the
water and equipment fi•om contamination.
2) Vehicle cleaning and in-place cleaning of nonfood-contact surfaces of equipment not
requiring sanitization shall be done with potable water and shall be done in a manner that
will not contaminate the vehicle's food storage or food preparation areas of equipment.
If hoses are used in the cleaning process, they shall be food-grade and kept off the floor
or pavement, on racks or by other approved suitable means. All cleaning areas shall be
paved with a smooth surface of nonabsorbent material such as concrete or machine-laid
asphalt, which is sloped to drain toward an approved catch basin or floor drain where the
liquid waste can be lawfully disposed. The use of liquid waste transport vehicles
(otherwise known as vacuum trucks), licensed by the Texas Commission on
Environmental Quality for the removal and disposal of liquid waste resulting from mobile
unit food operations is permitted.
3) Servicing operations may be performed by the commissary operator or by the mobile
food establishment operator, It shall be the commissary operator's responsibility to
observe or perform servicing on each mobile food unit and properly complete a servicing
record, It is the responsibility of the mobile food establishment operator to confirm that
the requirements of this section are fulfilled prior to resuming operations.
4) A current copy of each authorization must be maintained on file with the City of Denton
Consumer Health Division and also in plain sight on the vehicle for inspection by the
City of Denton or a peace officer upon request.
169.25 Permitting of commissaries as food establishments
A commissary servicing any mobile food establishment may be an approved and permitted food
establishment at which the mobile food unit is supplied with fresh water, emptied of waste water
(and grease) into a proper waste disposal system, and cleaned, including washing, rinsing and
sanitizing of those food contact surfaces or items not capable of being immersed in the mobile
food establishment's utensil-washing sink. The seivicing area must be of adequate size and scope
as to accommodate its own operation, as well as those of the mobile food establishment.
1) Compliance with all other applicable rules and operational guidelines as may be
promulgated by the health officer.
2) When the commissary is within another jurisdiction the permit holder shall provide a
copy of the latest inspection of its facility by that regulatory authority,
169.26 Warehouse:
1) If only prepackaged goods are sold, a warehouse may be accepted in lieu of a
commissary,
2) Warehouses shall be required to meet only those rules necessary to prevent the
contamination of stored foods, single service articles, utensils and equipment. In general,
warehouses shall be exempt fi•om the rules relating to finished walls, ceilings, or storage
bases, light colored surfaces, restrooms, lavatories and utility facilities, provided foods
Page 14 of 33
are protected from contamination from dust, insects, rodents, flooding, drainage, or other
contaminants.
3) Handling of unpackaged foods, dishwashing and ice making are prohibited in a
warehouse.
169.27 A mobile food preparation facility shall not:
1) Stop at any location, unless the stop is for less than one hour, to sell or serve food during
any time other than the dates and times speci�ed in the current itinerary on file with the
Consumer Health Division for the mobile food preparation vehicle.
2) Serve as a commissary for another mobile food unit or as the base of operation for a
caterer
3) Apply for variances of food processing
4) Use leftover foods. All PHF/TCS foods shall be served or discarded at the end of each
business day
5) Use time as a public health control, All PHF/TCS foods shall be controlled by
mechanical means
6) Park on an unimproved surface such as grass or dirt without written approval from the
City.
7) Be permitted to be washed-out at the location of an existing food establishment. All
interior washing shall be at an approved commissaiy. Only exterior washing of the
mobile food vehicle may be done at a commercially operated carwash. Grease or
wastewater shall not be dumped or drained at a carwash.
�Leave a location of operation until the area of operation is free fi•om trash or nuisance
caused by the mobile food vehicle business, its employees, or its customers.
��--
169.28 Inspection Procedures
1) Critical violations shall result in the immediate closure of a mobile food unit, commissary
or warehouse if the City of Denton Consumer Health officer determines that an imminent
danger to the public health exists, and that the violation cannot be corrected immediately
or an approved alternative procedure has not been implemented.
2) For violations not resulting in closure, the corrections shall be made and approval shall be
given by a City Health officer before reopening for business.
Section 229.170(a) is amended by adding the following:
170.1 The term temporary food service establishment shall not include concession stands, which
operate at a fixed location in conjunction with scheduled, community-based sporting or
recreational events provided that the preparation and serving of potentially hazardous foods shall
be restricted to only those pre-cooked, pre-packaged potentially hazardous food products that
have been properly prepared in accordance with all Depai�tment of State Health Services and local
requirements and are properly stored, handled, and served in the unopened, original package from
said concession stands, In such instances where open potentially hazardous foods are prepared on
site from a concession stand, these shall be evaluated on a case-by-case basis and a determination
shall be made as to r�equirements.
a) A temporaiy food service establishment that does not comply with other requirements of
this chapter or other city ordinances applicable to food service establishments is
permitted if:
1) The health officer finds that the operation will not result in a health or safety hazard
or a nuisance;
Page 15 of 33
2) The operation is limited to a single, fixed location, which may include one or more
facilities at the location;
3) The operation is either:
a. Limited to a time of not more than fourteen (14) consecutive calendar days;
b. Operating ,under a city park and recreation depai�tment that has been
approved by the city; and
a The food service establishment complies with the other requirements of this
section.
b) An application and non-refundable fees for a temporary event permit (per food booth)
shall be submitted at least two (2) working days prior to the event, or five (5) days prior
to the event if ten (10) or more booths are permitted for the same event. The application
shall include the time the booth will be set up and ready for inspection.
c) If an application is not submitted by the deadline in (b) above, the acceptance of the
application will be at the discretion of the health officer, and an administrative fee will be
charged.
d) All requirements of the food booth must be in place before a permit will be issued.
e) A temporary event permit will be required if there is open food (e.g. offering samples)
available.
fl Food manufacturers must submit a copy of the state manufacturer license with their
application.
g) Pei�nits for temporary food service establishments that are not operating in conjunction
with a City sponsored special event shall be limited to six (6) permits per year per
establishment.
h) A foodservice establishment with a current annual health permit will be required to
obtain a temporaiy event permit if the event is at a location outside their permitted
premises.
i) A temporary food service establishment shall not:
1) Prepare, serve, sell or distribute any food not approved in advance by the health
officer. This prohibits the storage and preparation of food from a private residence.
Any slicing, dicing or cutting of potentially hazardous foods must be done in a
commercial kitchen and brought to the event under proper temperature control; this
includes raw hamburger meat that must be brought in as commercially prepared
frozen patties. No "gyro" type meat cookers are allowed.
2) Prepare potentially hazardous food; except, that the establishment may prepare
potentially hazardous food that is approved in advance by the health officer and does
not require substantial preparation prior to consumption (including, but not limited to,
a hamburger or frankfurter) or may prepare potentially hazardous food that is
obtained by the establishment in individual servings;
Section 229.170(b) is amended by adding the following:
170.2 Potentially hazardous food products shall be held in mechanical refrigeration that is
maintained at 41° degrees or less. Frozen products may be stored in ice only if approved in
advance by the regulatory authority and the duration of the event and items offered for sale is
limited, typically less than four (4) hours in duration, Potentially hazardous food products shall be
held in mechanical hot or cold holding equipment if the event is more than four (4) hours in
Page 16 of 33
duration, All foods are to be kept properly protected dm�ing storage, preparation, and service; this
will include grill covers or lids to prevent contamination fi•om overhead.
Section 229.170(d)(3) is amended by adding the following:
170.3 Small "crock-pots" may be used to properly store food utensils in water 135 ° F degrees or
hotter; or utensils may be stored in running water dipper wells.
170,4 "Sterno" heating units are not allowed for use at outdoor events to hold foods hot.
Section 229.170(d)(4) is amended by adding the following:
170.5 Bare hand contact with ready-to eat foods is prohibited. Single-use gloves must be worn
over cleaned hands.
170.6 Animals are prohibited from being within the interior limits of a temporary food
establishment.
Section 229.170(h) is amended by adding the following:
170.7 A temporary food service establishment shall comply with liquid waste disposal
ordinances, solid waste disposal ordinances and fire codes.
Section 229.170(k)(3) is amended by adding the following:
170.8 A temporary food seivice establishment shall comply with these Texas Food Rules and any
other requirement that the administrator determines is necessary to protect the public health or
safety and imposes as a condition to the lawful operation of the establishment.
170.9 Food-handler cards required: Food safety training is required for all temporaiy food
establishment workers. Food service workers may obtain a food-handler card through a class
offered through the City of Denton Consumer Health Division's normal schedule of classes or an
approved on-line course, Depending on the duration of the event and the extent of the food
service being offered, the Consumer Health Division may mandate a Food Manager's
Certiiication for a minimum of one or maximum of all personnel during the event.
170.10 Catering operations.
a) All catering operations based in the City of Denton shall comply with all state rules, laws,
and local ordinances. A person shall not engage in a catering operation unless the service
is affiliated with a food service establishment operating from a fixed facility that is
permitted by the appropriate health authority.
b) The base of operations for a catering operation shall be physically separate fi•om a
residential home and shall be a permanent, �xed location,
c) The health officer may inspect a catering operation at any time.
170.11 The health officer may request copies of the health permit issued to the caterer from the
regulatory authority having jurisdiction where the food is prepared or packaged.
170.11 FARMER'S MARKET
a) Management and Personnel
Responsibility, assignment. The permit holder shall be the person in charge or shall
designate a person in charge and shall ensure that a person in charge is present at the
market during hours of operation. Where it is allowed, food vendors that offer, sell, or
distribute food that is potentially hazardous or that offer samples of food; shall have a
person in charge that can show proof of successful completion of a Texas Department of
State Health Services approved Certified Food Managers Course. Food vendors that
offer, sell, or distribute only prepackaged foods, non-potentially hazardous foods or
beverages or temporaiy food vendors in conjunction with a special event at such location
are exempt from the food manager certification course requirement. Proof of successful
Page 17 of 33
completion of a certified food manager course may be required of food vendors having
exemptions if judged by the regulatory authority to be capable of causing food-borne
illness or may be an increased public health rislc,
b) Food
1) Preventing contamination:
a. Food Display. Except for plants, nuts in the shell and whole, raw fruits
and vegetables that are intended for hulling, peeling or washing by the
consumer before consumption, food on display shall be protected from
contamination by the use of packaging, counter, service line, or salad bar
food guards that comply with NSF standards, completely enclosed
display cases; or other means approve by the Regulatoiy Authority.
Letters may be required fi•om the fabricator or installer of such food
guards stating compliance with NSF standards if visual compliance is not
evident through the use of labels or listings posted directly on the food
guard by the authority approved to af�x such label or listing.
b. Except for plants, nuts in the shell and whole, raw fruits and vegetables
that are intended for hulling, peeling or washing by the consumer before
consumption, food that is not completely packaged must be located
under a cover, tent or other covering approved by the Regulatoiy
Authority and remain under the covered protection for the duration of the
operating period.
2) Approved Source. Only food from an approved source may be offered at a
Farmer's Market or Food Market under these rules. Foraged foods are not
considered to be from an approved source. Food prepared in a private home, a
Cottage food production operation or from an unlicensed food manufacturer or
wholesaler is considered to be fi•om an unapproved source and may not be used
or offered for sale in Farmer's Markets or Food Market as defined in this rule.
Food fi•om a kitchen regulated by a local regulatory authority and proof of such is
presented shall be considered fi•om an approved source.
3) Meat, non-poultry.
a. Meat such as game animals, ratites or equine meats (as defined in TFER)
may not be sold.
b. Whole muscle meat shall be stored frozen and held under refi•igeration
capable of maintaining the meat in a hard, frozen state. Meat shall be
packaged ready to offer or sell, Separating, cutting or otherwise
removing meat from an intact package is prohibited.
c. Meat shall be produced, stored, labeled in compliance with U.S.
Department of Agriculture rules and regulations, Proof of license or
exemption shall be provided to the Regulatory Authority at time of
application.
4) Poultry.
a. Poultry is defined as allowed by TFER, as amended.
b. Poultiy shall be stored frozen and held under refrigeration capable of
maintaining the meat in a hard, frozen state. Poultry shall be packaged in
form ready to offer or sell. Separating, cutting or otherwise removing
poultry from intact packaging is prohibited.
c. Poultry shall be produced, stored and labeled in compliance with U.S.
Department of Agriculture rules and regulations. Proof of license or
Page 18 of 33
exemption shall be provided to the Regulatoiy Authority at time of
application.
5) Seafood, prohibition, Sale of seafood is prohibited at a Farmer's Market
6) Sampling: Allowed only where expressly approved by the Regulatory Authority.
Where allowed, sampling shall comply with all of the following:
a. Non-PHF/TCS foods shall be offered to the consumer in individual
servings or bites and shall not be made available for self service.
Portioning foods on site is prohibited. Portions shall be completely
enclosed until given to the consumer or shall be unpackaged by the
consumer.
b. Only single-service articles may be given to the consumer for use,
c. PHF/TCS foods shall be maintained at proper temperatures according to
TFER (41 degrees or colder; 135 degrees or hotter). Meats shall be
frozen and remain frozen until sold to the consumer
d. Where PHF/TCS foods are stored on ice, diy ice, or other items intended
for use to cool or freeze foods, a thermometer shall be present in the
container holding such foods. The thermometer must show evidence of
proper temperatures in which to maintain the food item in compliance
with TFER. If at any time, food stored in this manner is not at proper
temperatures, the Regulatoiy Authority shall dispose of the food,
whether voluntarily or involuntarily, if it cannot be determined if it is
safe to sell or offer for sale,
e. Time as a public health control may not be used as the sole means for
holding PHF/TCS foods safely
£ Ice shall be readily drained and water or melting ice shall not come into
contact with stored food.
g. Foods cut or constituted on site such as soups, dips, relish, condiments
and sauces shall be maintained at or below 41 degrees Fahrenheit and
process must comply with the Equipment and Utensils section of these
rules.
h. Digital thermometer accurate to +/- 2 degrees Fahrenheit shall be on site
for use by the vendor, One thermometer shall be provided for each piece
of equipment used to hold proper PHF/TCS temperatures.
7) Animals, prohibition.
a. Animals may not be offered for sale, or given away at a Farmer's
Market.
b, Other than service animals that are conspicuously and properly
identified, animals accompanying their owner, where allowed, shall be in
a carrier or on a leash and under direct physical control of the owner.
Animals may not be allowed within 10 feet of a food booth,
c) Equipment and Utensils
1) Functionality of equipment,
a, Except for a municipally owned Farmer's Market, equipment used to
keep foods under this ordinance frozen or refrigerated shall comply with
TFER and be able to maintain required temperatures for the duration of
Page 19 of 33
operations. Municipally owned Farmer's Markets shall have mechanical
temperature controlled equipment capable of maintaining proper food
temperatures as required in TFER. Mechanical food equipment shall
obtain approval from the Regulatoty Authority for use.
b. Tables used within the vending area shall be made of non-porous
material and be easily cleanable.
c. Utensils used, only when approved for sampling, shall be made of non-
wood material and disposable unless compliance for cleaning and
sanitizing under Section 229,165 of TFER, or as amended, is provided
and approved by the Regulatoty Authority for use onsite.
2) Equipment numbers and capacities.
a. At least one (1) hand wash sink or facility complying with the
Temporary Food Establishment requirements in TFER (Section 229,170)
shall be located within the immediate selling area of each food vendor
approved to sample foods and available to each vendor where required
by the Regulatoiy Authority.
b. Manual ware-washing sink requirements. At least one (1) sink with at
least three (3) compai�tments shall be provided for manually washing,
rinsing, and sanitizing equipment and utensils for vendors that are
approved to sample.
c. Alternative manual ware-washing equipment may be used only by
vendors when approved by the regulatory authority. Such written
approval shall be evident and conspicuous on the permit placard issued
to the vendor.
d) Water, Plumbing, and Waste
1) Where a hand sink is required, this hand sink shall be a portable hand sink
capable of producing hot water, having a portable tanked water source and
having a waste tank at least 2/3 size greater than potable source water tank. Hot
generation and distribution systems shall be sufficient to meet the peak hot water
demands throughout the operation. If approved by the regulatory authority, other
means of hand washing may be used.
2) Where manual ware-washing is required using a hard — plumbed system, a
licensed Plumbing inspector shall inspect the work prior to use. Backflow
devices may be required.
3) Trash receptacles shall be available and shall be non-porous. Effoi�ts shall be
made to dispose of trash offsite in a timely manner so as not to encourage pests.
e) Physical Facilities
1) Floor construction. Floors and floor coverings of all vending areas shall meet the
requirements found in the TFER or be approved by the health officer.
2) Vending area shall be covered and protected to minimize presence of pests.
� Plan Review
1) Farmer's Market vendor application shall be submitted by each food vendor.
2) The plans and specifications shall indicate the following (whether existing or
not):
Page 20 of 33
a. Proposed layout drawn from a"bird's-eye view" showing equipment
arrangement and schedule including type and model and grease/waste
storage receptacle location,
b. Manufacturer's specifications sheets of all equipment
c. List of all food items offered or vended, listing separately foods proposed
to be sampled.
d. Proof of food origin, copy of manufacturer's license, copy of storage
license or description of approved source where food items will be
obtained from; and copy of approved food labels.
g) Administrative Process
1) All work must be inspected by the regulatory authority for compliance with these
rules. After compliance with these rules is deemed to be met, a Food Vendor
Permit may be approved.
2) Failure to follow the approved plans and specifications will result in a permit
denial, suspension or revocation.
3) A notice, as required by this ordinance, is proper�ly served when it is delivered to
, the holder of the permit or the person in charge, or when it is sent by registered or
certified mail, return receipt requested, to the last known address of the holder of
the permit. A copy of the notice shall be on file in the records of the regulatory
authority,
4) The hearings provided by the HaBSCo shall be conducted by them at a time and
place designated by HaBSCo. Based on the recorded evidence of such hearing,
the regulatory authority shall make final findings, and shall sustain, modify or
rescind any notice or order considered in the hearing. A written report of the
hearing decision shall be furnished to the holder of the permit by the regulatory
authority.
5) Condemnation of adulterated products or on site destruction. Food found to be
adulterated shall be condemned and, if no appeal be taken from such
determination of condemnation, such ai�ticles shall be destroyed for human food
purposes under the supervision of an inspector,
6) All appeals from final suspension or revocation of a Food Vendor Permit shall be
made in writing to the building official or his designee. The appeal shall be filed
in writing within ten (10) days of the occurrence of the suspension or revocation.
The Consumer Health director (or his designee) shall attempt to hear the appeal
within thirty (30) days after the notice of the appeal. The Consumer Health
director shall have the power to reverse a decision of the regulatory authority
where he finds that such a reversal will not affect the health and/or welfare of the
public. All decisions of the Consumer Health Director or his designee shall be
subject to review by the City Council at one of its regularly scheduled meetings.
The decision of the Consumer Health Director or his designee will be final unless
reversed by the City Council.
Section 229.171(b)(2) is amended by adding the following:
171.1 Plans
a) The owner shall submit plans and specifications for construction of work areas intended
for use in the operation of a food establishment, and the location, size, and type of fixed
equipment and interior iinishes of such areas to the City of Denton for approval, before
work is begun, when a food service establishment is constructed, or:
1) The nature ofthe operation changes;
Page 21 of 33
2) The establishment is extensively remodeled;
3) When an existing structure is converted for use as a food service establishment;
or
4) When the menu is changed to include more, or different menu items.
b) In a food service establishment, the food preparation area shall be of adequate size and
shall constitute a minimum of twenty-five (25) percent of the total square footage of the
occupied permitted area or the minimum size deemed necessary by the Consumer Health
Division.
c) In a food service establishment, dry storage areas shall be of adequate size and shall
constitute a minimum of fifteen (15) percent of the total square footage of the food
preparation area. At the discretion of the Consumer Health Division, additional dry
storage may be requii•ed.
d) A menu must be submitted with all plans, If changes are made to the menu at a later
time, the changes must be submitted for approval by the Consumer Health Division.
e) All plans submitted shall include information on the following specifications:
1) Aisles and working spaces: Shall be unobstructed and of sufficient width to permit
employees to readily perform their duties without contaminating food or food contact
surfaces by clothing or personal contact. Minimum width of aisles shall be thirty-six
(36) inches,
2) Auxiliary equipment: Water heaters, washing machines, dryers, remote connected
refrigerators, compressar•s, and air conditioners must be located outside of food
preparation areas.
3) Equipment and utensils; All equipment is to be NSF (National Safety Foundation)
approved or commercial grade.
4) Floors: In food preparation areas, storage areas, utensil washing areas, restrooms,
and dressing rooms, floors shall be constructed of smooth, durable, easily cleanable,
non-absorbent materials of commercial grade. Flooring must be light colored,
without texture or patterns that create difiicult places to clean. In addition to the
kitchen areas of day care centers, floors in food service areas of classrooms shall
meet these requirements.
The health officer shall establish approved floor surfaces in food preparation areas
based upon the degree of preparation expected. Food establishments involved in
heavy food preparation shall incorporate quarry tile, cement-based terrazzo tile or an
equivalent floor covering as approved by the health officer. Food establishments
involved in light food preparation shall incorporate a commercial grade sheet vinyl or
equivalent floor covering as approved by the health officer. Establishments involved
in no food preparation shall incorporate sealed concrete, vinyl asbestos tile or an
equivalent floor covering as approved by the health officer. An approved sealer
(such as rubber cove base) shall be required at the floor/wall interface. If using
ceramic tile squares in the food preparation area, the minimum size of tiles shall be
12" x 12" (twelve by twelve inches).
5) Ice machines: Are to be of adequate size and located in areas that meet the wall,
floor and ceiling design standards for food preparation areas. Do not locate an ice
machine near sources of potential contamination, such as exposed sewer lines, open
stairwells, etc,
6) Refrigerators/freezers: Each mechanical refrigeration unit storing potentially
hazardous foods must be of commercial type (even in day care center rooms) and
each unit must have a numerically scaled indicating thermometer. All such units
Page 22 of 33
must hold foods at 41° degrees Fahrenheit or colder. Freezers must hold frozen foods
at a temperature of zero (0) ° degrees Fahrenheit or colder. Walk-in coolers must be
commercially built and have interiors of impervious, non-absorbent materials.
Shelves must be resistant to rust. Mechanical refrigeration is required on salad bars,
etc. for holding cold foods cold; holding foods in ice will not be acceptable.
The processing and packaging of ineat and poultry shall be conducted in a
refrigerated room:
a) Where the temperature is kept at 50° degrees F or less; or
b) Which, along with processing equipment, undergoes a mid-shift cleanup after
4 (four) hours of operation.
7) Sinks:
a) Shall be the number required by law. Stainless steel hand sinks shall be
located within eveiy twenty-five (25) linear feet of unobstructed space in
food preparation and utensil washing areas so it is convenient for employees
to wash hands as often as necessaiy. Hand-wash sinks shall be freestanding
or wall hung. If a sink is too close to other equipment or sinks, a splashguard
may be required. Sinks are to be of adequate size to allow for the thorough
washing of hands and forearms. Liquid soap and paper towels are required at
the hand sink and lotion hand sanitizer is required if gloves are not used.
Lavatories, soap dispensers, hand-diying devices and all related fixtures shall
be permanently mounted and kept clean and in good repair.
b) A three (3) compai�tment sink that has basins large enough to allow
immersion of the largest utensil and two (2) self draining drain-boards shall
be required for manually washing, rinsing and sanitizing equipment and
utensils.
c) A stainless steel, four (4) compartment sink with two (2) self-draining drain-
boards shall be installed in all bar areas. This requirement may be modified
if glassware is sanitized in a commercial dishwasher.
i. Knee pedals, electronic eye and metered faucets are not allowed
in kitchen hand sinks but are allowable in public restrooms.
ii. Blower dryers shall not be allowed as a means of drying hands in
food preparation or dish wash areas. Common towels are also
prohibited. Steam-mixing valves are prohibited.
iii. All dishwashing equipment shall be located in one area to
prevent any cross contamination from soiled to clean dish
storage or food preparation.
8) Storage rooms: Wood shelving is allowed for dry storage use only if �nished with
varnish or high gloss type paint to make sure it is smooth, non-absorbent, and easy to
clean. Rooms are to have finished walls (minimum finish includes: taped and bedded
sheetrock painted with high gloss paint) and commercial flooring with rubber cove
base at floor/wall juncture, Dry storage rooms may contain refi•igerators or freezers
not requiring drains to the sewer for condensate removal.
9) Wait areas: If remote from food preparation or service areas, and used only for non-
potentially hazardous beverage preparation, wait areas shall comply with the
following requirements:
a) Flooring shall be VCT or equivalent as approved by the Consumer Health
Division
b) Counters shall be laminate surface, solid surface, or equivalent
Page 23 of 33
c) Shelving below countei�tops shall be sealed, smooth, and easily cleanable
10) Toilet facilities: Public access shall not be tlu�ough the kitchen.
11) Walls & ceilings:
a) In food preparation, storage, utensil washing areas, and resh•ooms; walls,
ceilings, and other architectural features shall be smooth (not textured),
easily cleanable, non-absorbent, light in color, and durable. Fibrous
acoustical drop-in ceiling panels are prohibited in these areas. Wall areas
behind sinks or places that receive heavy use must be finished with FRP
(fiberglass reinforced panels), ceramic tile, epoxy type paint or similar
materials to withstand moisture. Bathroom walls shall be finished (as those
listed above) behind plumbing fixtures to a height of at least four (4) feet up
fi•om the floor. Heavy food preparation areas behind stoves, grills, and fiyers
shall be of stainless steel fi•om floor to ceiling.
b) Surface mounted pipes shall not be installed tightly against the surface of the
walls. There shall be a gap of at least two (2) inches between the pipe and
the finished surface of the wall.
c) All holes cut into walls and ceilings for pipes and conduits shall be sealed,
and the clearance between the floor surface and the bottom edge of a door
shall be tight fitting,
12) Water heater: Must be of adequate size to provide enough hot water for all hand
washing, ware washing, and cleaning. Minimum size: fifty (50) gallons. Commercial
tank-less water heaters may be used.
13) At the discretion of the City of Denton, additional sinks such as pot sinks, produce
washing sinks, etc. may be required.
14) Kitchens in day care centers shall comply with all rules of this code except that the
size of the kitchen may be determined on a case-by-case basis as approved by the
City of Denton.
15) When a foodservice establishment is extensively remodeled it must be closed during
any demolition especially if water or power service is interrupted. If remodeling
pertains to only a portion of the establishment, the food preparation areas shall be
protected by a solid wall that prevents any construction debris or other contaminates
from entering the kitchen or food service areas.
Section 229.171(� is amended by adding the following:
171,2 Permit required.
a) It shall be unlawful for any person, association of persons, firm or corporation to operate
a food service establishment in the city without having obtained a permit under the terms
of this section.
b) Any person desiring to operate a food service establishment shall make written
application for a permit at the office of the consumer health division. The application
shall include the applicant's full name, street and post office address, and whether such
applicant is an individual, firm, or corporation, and, if a pai�tnership, the names of the
partners, together with their addresses shall be included; the location and type of the
proposed establishment; and the signature of the applicant or applicants. If the application
is for a temporary or seasonal food service establishment, it shall also include the
inclusive dates of the proposed operation.
171.3 Application fee.
Page 24 of 33
a) The applicant shall submit the applicable nonrefundable fee as set foi�th by city council by
ordinance, and the schedule of fees shall be available for public inspection at the offices
of the city secretary or the health officer. Notwithstanding any other provision of this
chapter the payment of any fees set under this section is not applicable to the City of
Denton or any political subdivision or agency of the State of Texas and the United States
of America.
b) Application fees for seasonal food seivice establishments shall be the same as those for
any other similar full time food service establishment,
c) An applicant shall not, under any circumstances, be entitled to a refund of application
fees after an application has been filed.
d) Fee Exemptions
1) Food vendors operated by a public entity, such as D.I.S.D,, university, community
college, or the City, may be exempt fi•om paying the Food Vendor fee, if approved by
the regulatory authority.
2) A food vendor that is not permanently permitted by the regulatory authority, but that
is a recognized charitable or philanthropic organization, or that has attained 501(c)
(3) status from the Internal Revenue Service, may be exempt from paying the
temporary food establishment fee for a permit for a temporary event, if approved by
the regulatory authority.
3) Fee exemptions granted do not exempt any food establishment from the requirement
of applying for, obtaining, and displaying a food vendor permit or from complying
with the provisions of this section or any other applicable law.
Permits are not transferable from one person to another or from one location to another
location. A valid permit must be posted in or on every food establishment regulated by
this ordinance, in a location conspicuous to the consumer.
171.4 Permit issuance.
a) Upon receipt of an application and payment of the applicable fee, the health officer shall
make an inspection of the premises where the business is to be conducted. If the premises
comply with the terms of this article and with all current requirements of the zoning
ordinance, other ordinances and state law, a permit shall be issued to the applicant upon
payment of the permit fee. The applicable fees shall be set by city council by ordinance
and the fee schedule shall be available for public inspection at the offices of the city
secretary or the health officer. The applicant shall submit the applicable nonrefundable
fee as set fot�th by city council before a permit will be issued.
b) Notwithstanding any other provision of this chapter, the payment of any fees set under
this section is not applicable to the City of Denton or any political subdivision or agency
of the State of Texas and the United States of America.
1) In the event a food permit application is rejected, the administrator shall notify the
applicant of the rejection in writing. The notice shall specify the reasons why the
permit is denied. The decision of the administrator is final unless the applicant shall
file an appeal as provided in Section 13-34. The decision of the administrator shall
continue in effect until the final decision of the committee.
2) Permits shall not be transferable. A person who acquires an existing food service
establishment shall not operate the establishment without obtaining a new permit
within ten (10) days from the date of the change of ownership.
3) Upon change of ownership of a business, the new owner shall be required to meet
current food establishment standards as defined in this code and state food rules
before a permit may be issued by the Consumer Health Division.
Page 25 of 33
4) If the establishment changes the name of the business only, they have 10 days fi•om
the date of the name change to notify the Consumer Health Division in writing.
5) Each food service establishment shall display all valid health permits in public view
in the establishment.
a) A permit shall be valid for a period of twelve (12) months with the expiration
date being the last day of the month the permit was issued; temporaty, and
seasonal permits shall expire in accordance with their terms, unless suspended or
revoked by the health of�cer.
b) Acceptance of a permit issued by the administrator constitutes agreement by the
establishment to:
1) Comply with all conditions of the permit and all applicable provisions of this
chapter;
2) Allow the lawful inspection of its facility and operations.
3) Inspections of newly constructed establishments prior to opening shall be
done:
i, when equipment is set in place;
ii. at least 2 weeks prior to opening; and
iii. At least 2 days prior to opening,
171.5 If inspections are called for before the establishment is ready for them, the owner may
be charged an administrative fee.
171,6 Expiration and renewal of permits.
a) A permit lapses and is void unless the applicable permit fee is received by the City of
Denton before the expiration date of the existing permit.
b) A permit lapses and is void if the food service establishment operating under the permit
constructs a new facility or changes ownership.
c) Permit renewal fees that aY•e not received by the expiration date, will be assessed an
additional administrative fee.
171.7 Revocation of permit.
The consumer health administrator may, after providing opportunity for a hearing, revoke a
permit if the administrator determines that the manager or owner of a food service
establishment has:
a) Interfered with the health officer in the performance of his duties; or
b) Been convicted twice within a twelve-month period for a violation of this chapter; or
c) Failed to comply with a hold order or a condemnation order; or
d) Failed to comply, within the time specified, with an order to correct or abate an imminent
and serious threat to the public health or safety; or
e) Intentionally or knowingly impeded a lawful inspection by the health officer; or
� Been closed two (2) or more times within a twelve-month period for conditions that
constituted a serious and imminent threat to public health,
171.8 Prior to revocation, the health officer shall notify the holder of the permit, or the person
in charge of the food service establishment, in writing, of the reason for which the permit is
being revoked and that the permit shall be revoked at the end of five (5) days following
service of such notice unless a written request for a hearing is filed with the city by the holder
Page 26 of 33
of the permit within such five-day period. If no request for hearing is filed within the five (5)
calendar day period, a final notice of revocation shall be served. Upon receipt of the final
notice of revocation, the food service establishment shall immediately cease operation and the
permit shall be considered finally revoked.
171.8 Application after revocation.
Whenever a revocation of a permit has become iinal, the holder of the revoked permit may make
written application for a new permit.
171.9 Service of notices,
A notice provided for in this article is properly served when it is delivered to the holder of the
permit, or the person in charge of the food service establishment, or when it is sent by registered
or certified mail, return receipt requested, to the last known address of the holder of the permit. A
copy of the notice shall be filed in the records of the city secretary,
171.10 Appeal from denial or revocation of a permit.
If the health officer denies the issuance of a permit or a permit is finally revoked, the officer shall
send the applicant or permit holder by certified mail, return receipt requested, written notice of
the denial or revocation and of the right to an appeal, The applicant or permit holder may appeal
the decision of the health officer to the Health and Building Standards Commission —(HaBSCo)
by giving written notice to the administrator within ten (10) days of the receipt of the denial or
revocation notice,
171.11 Hearing.
A hearing of the appeal shall be conducted by the Health and Building Standards Commission.
The hearing shall be held at a time and place designated by the Health and Building Standards
Commission. The Health and Building Standards Commission shall hear and consider evidence
offered by any interested person. Based upon the recorded evidence of such hearing, the Health
and Building Standards Commission shall sustain, modify or rescind any notice, or order,
considered in the hearing by a majority vote and provide a written report of the hearing decision
to the holder of the permit,
The decision of the Health and Building Standards Commission is final as to administrative
remedies, and no rehearing may be granted, Once the decision of the Health and Building
Standards Commission is final under this section, the applicant or permit holder may appeal the
decision to the state district court or coui�t of appropriate jurisdiction.
171.12 Registration of food service establishments based outside city.
A food service establishment or commissary operating from a facility located outside the city that
sells, distributes or transports food inside the city may not conduct operations inside the city
unless the food service establishment:
a) Furnishes the health officer with a certificate from a health authority having jurisdiction
over the establishment indicating that the establishment complies with applicable health
laws; or
b) Furnishes the health officer other information that the administrator detertnines is
necessary to enforce the provisions of this chapter or otherwise protect the public health
or safety.
Section 229.171(g)(6) is amended by adding the following:
171.13 Authority to inspect.
a) The health officer may inspect any and all things offered for sale, given in exchange or
given away for use as food or drink for human consumption, and he/she shall have the
authority to enter any food service establishment in the city, as authorized by law for the
purpose of such inspection.
Page 27 of 33
b) The Consumer Health Division will conduct risk-based inspections and where the risk of
food-borne illness is low, the Consumer Health Division, at its discretion, may lower the
number of required inspections performed to a minimum of one each year. However, if
the Consumer Health Division feels that a food service establishment poses a higher risk
of food-borne illness, the Consumer Health Division shall conduct inspections as often as
necessaiy to ensure enforcement of these rules.
171.14 Power to examine food service establishment records.
a) The health officer shall have the authority to examine the records of a food service
establishment in order to ensure compliance with all provisions of this ordinance or of
state law.
b) The health officer shall have the authority to require written documentation of cool down
methods used and reheating times in order to verify compliance with food temperature
items on the foodservice establishment inspection form.
Section 229.171(i)(2) is amended by adding the following:
171.15 The city health officer, after proper identification, shall be permitted to enter any food
service establishment at any reasonable time for the purpose of making inspections to determine
compliance with these rules. The officer shall be permitted to examine the records of the
establishment to obtain information pertaining to food and supplies purchased, received, or used,
or to persons employed,
171.16 The following types of establishments are exempt from inspection requirements:
a) Group homes;
b) Establishments selling only commercially packaged, non-potentially hazardous foods;
c) Vending machines that sells only commercially packaged, Non-PHF; and
d) Facilities operated by nonprofit organizations for their members, families and invited
guests.
171,17 Facilities are not exempt when food service is provided in conjunction with a child care
facility, retirement center, hospital, school, indigent feeding program, or public fundraising
events.
Section 229.171(j) is amended by adding the following:
171.18 Report of inspections.
Whenever an inspection of a foodservice establishment is done, the health officer shall record the
findings on the inspection report form. The inspection report form shall summarize the
requirements of these rules and shall set foi�th a weighted point value for each requirement.
Inspection remarks shall be written to reference, by section number, the section violated and shall
state the correction to be made. The rating score of the establishment shall be the total of the
weighted point values for all violations, subtracted from one hundred (100). The health officer
shall furnish a copy of the inspection report form to the person in charge of the establishment at
the conclusion of the inspection.
Section 229.171(j)(6) is amended by adding the following:
171.19 Re-inspection.
a) Any food seivice establishment inspected by the City of Denton Consumer Health
Division which receives a score of seventy-five (75) or below on any inspection shall be
re-inspected,
b) This re-inspection shall be performed in the same manner, using the same form, as the
previous inspection.
Page 28 of 33
c) If, upon subsequent re-inspection of the establishment, the health officer finds that
sufficient measures were not taken to bring the score above a total of seventy-five (75),
he will issue a citation and schedule a date for another re-inspection. The health officer
shall continue to perform re-inspections until the establishment has made sufficient
progress to warrant a score above seventy-five (75). The issuance of a citation for failure
to meet the required score upon re-inspection shall not in any way limit the ability of the
inspector to issue any other citation for any violation of this chapter.
d) Re-inspection for failure to meet the required score shall be performed within fourteen
(14) calendar days immediately following the original inspection, or as soon as possible
thereafter, except that where an establishment is closed due to a score below sixty (60),
pursuant to section 13-44, the original inspector shall determine the time of the re-
inspection,
e) Any food service establishment owner or manager that receives a score which he feels is
unacceptable, may request a re-inspection. A re-inspection fee shall be required and shall
be paid before the re-inspection will be performed. The health inspector shall perform
the requested re-inspection within two weeks of the re-inspection fee payment. Only one
re-inspection may be requested within any six (6) month period.
171.20 Fee for re-inspection.
a) The fee for re-inspection shall be one-half the annual permit fee of the establishment
receiving the re-inspection.
b) A re-inspection fee will be charged for each re-inspection necessary to bring the food
establishment's score above seventy-five (75).
c) Payment of the re-inspection fee shall not void, or in any way affect the responsibility of
the owner or permit holder for payment of any fines for any other violations of this
chapter.
d) The person, partnership, or corporation listed as "owner" on the original application shall
be responsible for payment of any and all fees, including re-inspection fees.
e) Payment of the re-inspection fee shall be made before a re-inspection will be performed.
171.21 Violations.
a) The Building Official of the City of Denton, or any of his designated employees, shall
have the responsibility and power to enforce all provisions of this chapter within the
corporate limits of the City of Denton, Texas.
b) Whenever the health ofiicer determines that there has been a violation of any provision of
this chapter, which in his/her judgment can jeopardize the public health, or for violation
of any items, which have been noted as problems on two (2) or more consecutive
inspection reports, the health officer may issue a written citation for said person to appear
in court.
c) It shall be unlawful for any person to knowingly give the health officer a false name
when such officer requests the name of said person for puiposes of enforcing the
provisions of this chapter.
Section 229.171(k) is amended by adding the following:
171.22 Authority to close,
a) The health officer shall close without warning any building or place described in this
chapter and prevent its use for the storage, manufacture, or sale of food or drink for
human consumption whenever:
Page 29 of 33
1) The health officer, upon inspection of an establishment, finds sufficient violations
which cause the rating score of said establishment to be below a total of sixty (60)
points;
2) The health officer finds that an establishment is operating with no working
refrigeration units;
3) The health officer finds that an establishment is operating without running water or
hot water for a period of more than one (1) hour;
4) The health officer finds an establishment is operating without a functioning ware-
washing machine or adequate sinks for manual ware-washing; and
5) The health officer finds any food service establishment with an unreasonable
infestation of rodents or insects.
b) It shall be the duty of the health ofiicer to post a notice of closure for such conditions at
the entrance of such building or place and to maintain the same until such conditions or
practices have been removed or abated.
c) No person shall remove or alter in any way a sign, which has been posted by the health
officer.
Section 229.171(n) is amended by adding the following:
171.23 Examination and condemnation of food.
The health officer shall tag, label, or otherwise identify any food subject to the hold order. No
food subject to a hold order shall be used, served, or moved fi•om the establishment. The health
officer shall permit storage of the food under conditions specified in the hold order, unless storage
is not possible without risk to the public health, in which case immediate destruction shall be
ordered and accomplished.
171,24 Appeal from hold order.
The hold order shall state that a request for hearing to appeal the hold order may be filed within
�ve (5) days and that if no hearing is requested, the food shall be destroyed. If requested, a
hearing shall be held on the basis of evidence produced at that hearing by the Health and Building
Standards Commission. The Health and Building Standards Commission may vacate the hold
order or direct the owner or person in charge of the food to denature or destroy such food or to
bring it into compliance with the provisions of this chapter.
SECTION 2. The Health Permit Fee Schedule set foi�th in Exhibit "A" attached hereto and made a part
hereof for all purposes, is hereby adopted and authorized to be imposed for the purposes of application
for, and issuance of, permits required for compliance with the provisions of Chapter 13 "Food and Food
Service Establishments".
SECTION 3. This ordinance shall repeal every prior ordinance in conflict herewith, but only insofar as
the portion of such prior oi•dinance shall be in conflict; and as to all other sections of the ordinance not in
direct conflict herewith, this ordinance shall be and is hereby made cumulative except as to such prior
ordinances or portions thereof as are expressly repealed hereby.
SECTION 4. Any person violating any provision of this ordinance, shall upon conviction, be fined a
sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a
separate and distinct offense.
SECTION 5. If any provision of this ordinance or application thereof to any person or circumstance is
held invalid by any court, such holding shall not affect the validity of the remaining poi�tions of this
Page 30 of 33
ordinance, and the City Council of the City of Denton, Texas hereby declares that it would have enacted
the remaining portions despite any such validity.
SECTION 6, Save and except as amended hereby, all the sections, subsections, and clauses of Chapter
13 Food and Service Establishments of the Code of Ordinances of the City of Denton, Texas shall remain
in full force and effect.
SECTION 7. This ordinance shall become effective, after its passage and approval on,
, 2012, and the City Secretary is hereby directed to cause the caption of this ordinance to
be published twice in the Denton Recor�d-Chronicle, a daily newspaper• published in the City of Denton,
Texas within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of , 2012
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�
BY:
MARK A. BURROUGHS, MAYOR
Page 31 of 33
EXHIBIT A: Health Permit Fee Schedule:
See new fees hi-lighted in yellow
Tvpe of Health Fee's Fee Amount
1, Two year food handler card ... $25.00
2. Manager Certification Registering Fee with the City. .. $10.00
3. Swimming Pool Operator Cei�tification ,.. $50.00
4. Replacement Cards... $ 5.00
5. Beer and wine permit- New application processing fee ... $25.00
6. Wine and beer retailer's permit on premises .., '/2 of TABC charge
7. Wine and beer retailer's off premises ... '/2 of TABC charge
8, Retail dealer's on premise license beer only ... '/z of TABC charge
9. Retail dealer's on premise late hours license ... %z of TABC charge
10. Mixed Beverage permit - application fee ... $25.00
11. Mixed Beverage permit fee '/2 of TABC charge
12. Mixed Beverage Late hours '/Z of TABC charge
13, Annual swimming pool permit ... $160.00
14. Re-inspection Fee for pools ... $ 80.00
15. Small Restaurant <= 2,000 sq ft... $310.00
16. Large Restaurant >= 2,001 sq ft... $485.00
17. Small Groceiy Store <= 12,000 sq ft.. , $325.00
18, Large Grocery Store >= 12,001 sq ft, ,. $450.00
19. Convenience Store, no Deli $250.00
20. Convenience Store with Deli $300.00
21. Bars $275.00
22. Concession Stands, Seasonal Permits $175.00
23. Mobile Food Unit - Class 1(pre-packaged foods) $175.00
24. Mobile Food Unit - Class 2(foods prepared on vehicle) $310,00
2�. I�!Pc?���I�_�`�c�d_�l��t ==_.�1��s �_.._,.__ __--.____. �- -_.._._______ _ �I'15.(�(�
25. Daycare Facility. .. $150.00 plus $1.00/each child licensed
26. Nursing Home... $275.00
27. School Cafeteria... $150.00
28. Temporary Permit . . . $ 35.00
29. *Farmer's/Community Market Annual Permit , . . $240.00
30. *Farmer's/Community Market Monthly Permit ... $ 40.00
31. **Application fee for all new permits $250.00
32. ***Administrative Fee ... $ 35.00
Page 32 of 33
Fees are non-refundable,
*Sales of whole or uncut produce shall be exempt from permits and fees
**Application fee shall not apply to Temporaiy Food Service Establishments
*** Administrative fees may be charged for the following, but not limited to: late payment of any annual
health permit fees; late application and payment of fees for temporaty events; failure to have a mobile
unit inspected when due; change of name of business only; re-inspections of new or remodeled
establishments when contractor calls for inspection but is not ready when the inspectors begin the
inspection.
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