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ORDINANCE NO. ~!2
AN ORDINANCE AMENDING CHAPTER 13 "FOOD AND FOOD SERVICE ESTABLISH-
MENTS" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS;
PRESCRIBING RULES ON FOOD SERVICE SANITATION; PROVIDING DEFINI-
TIONS; REQUIRING PERMITS FOR THE OPERATION OF FOOD SERVICE ESTAB-
LISHMENTS AND FOOD STORES; PROVIDING FOR INSPECTION OF SUCH ESTAB-
LISHMENTS; PROVIDING FOR INCORPORATION BY REFERENCE OF THE TEXAS
DEPARTMENT OF HEALTH, DIVISION OF FOOD AND DRUGS "RULES ON FOOD
SERVICE SANITATION" AND "RULES ON RETAIL FOOD STORE SANITATION";
PROVIDING FOR REGULATION OF FOOD HANDLERS AND OF MOBILE FOOD UNITS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; PROVIDING A REPEALING
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Chapter 13 "Food and Food Service Establish-
ments" of the Code of Ordinances of the City of Denton, Texas, is
hereby amended to read as follows:
Chapter 13
Food and Food Service Establishments
ARTICLE I. IN GENERAL
Sec. 13-1. Rules on Food service sanitation - Adopted;
Compliance Procedures.
The Rules on Food Service Sanitation 229.161 - 229.171 of the
Division of Food and Drugs of the Texas Department of Health, as
adopted by said board on November 20, 1977, and the Rules on Retail
Food Store Sanitation 229.231 - 229.239 of the Division of Food and
Drugs of the Texas Department of Health, as adopted by said board
on August 17, 1985, are hereby adopted as the minimum standards for
food service operations and food stores, respectively, within the
corporate limits of the City of Denton, Texas. Wherever in said
rules the words "municipality of " appear, they
shall be understood to refer to the City of Denton and the words
"regulatory authority" shall refer to the City of Denton. A copy
of these rules shall be kept on file in the office of the City
Secretary.
Any revision, addition, or deletion to the sanitation rules by
the Texas Department of Health or the United States Food and Drug
Administration shall be deemed to be an amendment to this article
and adopted as of the time it goes into effect or is published.
Sec. 13-2. Definitions.
(a) Administrator shall mean the Administrator of the Division
of Environmental Health Services of the Department of Municipal
Services of the City.
(b) Catering Operation shall mean a food service establishment
which prepares or serves food on premises in control of another.
(c) Catering Truck shall mean any vehicle used to transport
food which has been fully prepared (i.e. cooked, packaged, etc.) in
a commissary.
(d) Commissary shall mean a catering establishment, restaurant,
or any other place in which food, food containers, or food supplies
are kept, handled, prepared, packaged or stored. Commissary shall
not mean a residential kitchen, but constitutes a commercial food
service operation which is operated and maintained pursuant to
state rules and regulations.
(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.
(f) Extensive remodeling shall mean 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 prepara-
tion or food storage areas as specified in secs. 13-24 (e) and (f).
It does not include:
(1) expenditures for the replacement of moveable equipment;
or
(2) 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.
(g) Food Service Establishment shall mean any restaurant, cafe,
hotel dining room, grocery store, meat market, soft drink stand,
hamburger stand, ice cream wagon, day care center, or any place
where food or drink for human consumption is offered for sale,
given in exchange or given away. The term does not include the
following operations and establishments, provided that the opera-
tions do not expose the public to a substantial and imminent health
hazard as determined by the city health officer:
(1) Organizations that serve only their own membership and
immediate guests and other structured groups of persons who
gather occasionally for fellowship and society that provide
the food from amongst their membership.
PAGE 2
(2) An establishment which handles only fresh unprocessed
fruits, nuts, and vegetables and which operates from a unit
which is mobile in nature.
(3) The sale, distribution, or service of food at an event,
party or other special gathering that is not open to per-
sons other than the members or invited guests of the spon-
sor, provided that there is no public advertisement of the
event, public solicitation of funds at or for the event, or
participation by the general public in the event.
(h) FRP wallboard shall mean fiberglass reinforced polyester
wallboard of a thickness of 3/32 inches or greater.
(i) Health Officer shall mean a sanitarian or health inspector
of the Environmental Health Services Division of the Department of
Municipal Services of the City of Denton, Texas.
(j) Health or Regulatory Authority shall mean the Environmental
Health Services Division of the Department of Municipal Services of
the City of Denton, Texas.
(k) Heavy Food Preparation shall mean any area in which foods
are prepared utilizing a grill, griddle, deep-fat fryer, commercial
type ovens, or any similar food preparation equipment; or any area
subject to flooding type or wet cleaning procedures due to the cut-
ting or processing of meat, poultry, fish or pork. Heavy food pre-
paration includes, but is not limited to: cafeterias, fast food
restaurants, full service restaurants, pizza preparation, donut
preparation, meat and fish markets, ice cream parlors, and may
include day care centers.
(1) Light Food Preparation shall mean any area in which foods
are prepared exclusive of the use of fryers, grills, or other
similar equipment. The term is usually limited to the preparation
of hot dogs, sandwiches, salads, or other similar foods and foun-
tain type cold drinks. Light food preparation includes, but is not
limited to: sandwich shops, limited menu concession stands, and may
include day care centers.
(m) Mobile Unit shall mean a vehicle-mounted food service es-
tablishment or a food service establishment pulled behind a vehicle
so as to be readily moveable, provided that foods served from these
units are actually prepared (i.e. cooked, packaged etc.) on or in
the unit.
(n) No Food Preparation shall mean any area in which foods are
provided pre-wrapped, from a source approved by the Texas Depart-
ment of Health 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.
PAGE 3
(o) Potable water shall mean water which has been obtained from
a state inspected facility which has been designated as fit for
human consumption, or water from any other source which has been
tested by the City of Denton water laboratory and has been desig-
nated as having met state standards for water use for human con-
sumption.
(p) Provisional Permit shall mean a permit issued for a term
not to exceed thirty (30) days to allow management of a food estab-
lishment to establish compliance with the requirements of this
Chapter while correcting minor infractions.
(q) Seasonal food service establishment shall mean any food
service establishment which operates from a fixed location for a
period not to exceed four (4) consecutive months provided that such
operation shall occur only once during any twelve (12) consecutive
month period.
(r) Smoker shall mean any unit, whether mobile or fixed in
nature, which uses wood or wood products to provide smoke for the
purpose of slow cooking or partially cooking meats intended for
human consumption, whether such unit is inside of an enclosed
building or in an outdoor area.
(s) Temporary food service establishment shall mean any food
service establishment which operates from a fixed location for a
period not to exceed fourteen (14) consecutive days.
(t) Wholesome shall mean 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 fore-
going requirements and it is used prior to the expiration date
marked on the package.
Sec. 13-3. Distribution of medicine, drugs, and injurious
food products.
It shall be unlawful for any person to distribute or cause to
be distributed for any purpose any medicine, drugs or injurious
food products or substances within any yard, upon any porch, at any
residence, within or upon any vacant lot or building, or upon any
public street, sidewalk or alley within the corporate limits of the
city; provided, however, that nothing herein shall be construed to
prevent the delivery of medicines or drugs where the same are de-
livered upon order or sale from some reputable person or business
and the delivery is made by some responsible person.
Sec. 13-4. Destruction of unwholesome food authorized.
Whenever the city health officer discovers any food or drink
displayed for sale or kept for sale, which is unwholesome or unsafe
for human consumption, he shall order the same destroyed or re-
moved, and the owner or person in responsible charge thereof shall
PAGE 4
immediately destroy or remove such unwholesome or unsafe food at
his own expense.
Sec. 13-5. Sale or other disposition of unwholesome food
prohibited.
(a) It shall be unlawful for any person, association of per-
sons, firm 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.
(b) A food service establishment shall not use, serve, sell or
distribute food products in hermetically sealed containers that:
(1) have severe dents on the rim or seam;
(2) have deep rust spots; or
(3) are swollen or leaking.
Sec. 13-6. Registration of food service establishments
based outside city.
(a) 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:
(1) registers with the Administrator on a form provided for
that purpose;
(2) pays to the city a registration fee of $10 and other
applicable fees; and
(3) furnishes the health officer with:
(i) a certificate from a health authority having juris-
diction over the establishment indicating that the es-
tablishment complies with applicable health laws; and
(ii) other information that the Administrator deter-
mines is necessary to enable the Administrator to en-
force the provisions of this Chapter or otherwise
protect the public health or safety.
Sec. 13-7 through 13-19. Reserved.
PAGE 5
ARTICLE II. FOOD SERVICE ESTABLISHMENTS
Sec. 13-20. Permit Required.
(a) It shall be unlawful for any person, association of per-
sons, 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
Environmental Health Services Division. The application shall in-
clude the applicant's full name, street and post office address,
and whether such applicant is an individual, firm, or corporation,
and, if a partnership, 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 ap-
plicants. If the application is for a temporary or seasonal food
service establishment, it shall also include the inclusive dates of
the proposed operation.
Sec. 13-21. Application Fee.
(a) The applicant shall submit the applicable nonrefundable fee
as set forth in the following table with his application:
For a Restaurant: $100.00 plus $1.00 per 100 square
feet
For a Grocery Store: $100.00 plus $1.00 per 100 square
feet
For a Day Care Center: $100.00
(b) Application fees for seasonal food service 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.
Sec. 13-22. Permit Issuance.
(a) Upon receipt of an application and payment of the applica-
ble fee, the health officer shall make an inspection of the pre-
mises where the business is to be conducted. If the premises
comply with the terms of this article and with all requirements of
the zoning ordinance, other ordinances and state law, a permit
shall be issued to the applicant upon payment of the permit fee.
PAGE 6
An applicant shall submit the applicable permit fee as set forth in
the following table before a permit will be issued:
For a Restaurant:
Number of
Employees
Amount
0-5
6-10
11-15
16-20
21-25
26-30
31-35
36-40
41 or more
$ 65.00
85.00
105.00
125.00
160.00
180.00
200.00
220.00
230.00
For a Grocery Store:
Number of
Employees
Amount
0-5
6-10
11-15
16-20
21-25
26-30
31-35
36-40
41 or more
For each Day Care Center:
For a seasonal establishment:
For a temporary establishment:
$ 65.00
85.00
105.00
125.00
160.00
180.00
200.00
220.00
230.00
$35.00 plus $1.00 per
child of licensed capaci-
ty
$25.00
10.00
A temporary food service establishment which operates more than
once during any consecutive twelve (12) month period shall pay a
permit fee for each separate period of operation.
(b) For the purpose of calculating the fees described in Sec.
13-22 (a), an employee who normally works over twenty-five (25)
hours a week shall be considered a full-time employee. An employee
normally working less than twenty-five (25) hours a week shall be
considered a half-time employee.
PAGE 7
(c) 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 13-28. The
decision of the Administrator shall continue in effect until the
final decision of the Committee.
(d) Permits shall not be transferable. A person who acquires
an existing food service establishment shall not operate the es-
tablishment without obtaining a new permit within thirty (30) days
from the date of the change of ownership.
(e) The manager of each food service establishment shall dis-
play a valid permit in public view in the establishment.
(f) A permit will be good for a period of twelve (12) months
from the date of issuance, except that temporary, seasonal, and
provisional permits shall expire in accordance with their terms.
(g) Acceptance of a permit issued by the administrator consti-
tutes agreement by the establishment to:
(1) comply with all conditions of the permit and all ap-
plicable provisions of this chapter; and
(2) allow the lawful inspection of its facility and
operations.
Sec. 13-23. Temporary Food Service Establishments.
(1) A temporary 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:
(a) the health officer finds that the operation will not
result in a health or safety hazard or a nuisance;
(b) the operation is limited to a single, fixed location,
which may include one or more facilities at the location;
(c) the operation is either:
(i) limited to a time of not more than 14 consecutive
calendar days; or
(ii) operating under a city park and recreation depart-
ment that has been approved by the City; and
(d) the food service establishment complies with the other
requirements of this section.
PAGE 8
(2) The term temporary food service establishment shall not
include concession stands which operate at a fixed location in con-
junction with scheduled, community-based sporting or recreational
events provided:
(a) 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 pre-
pared 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 concession stands.
(i) In such instances where potentially hazardous
foods are served from a concession stand, these shall
be evaluated on a case by case basis and a determina-
tion shall be made as to requirements.
(3) A temporary food service establishment shall not:
(a) prepare, serve, sell or distribute any food not
approved in advance by the health officer;
(b) 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 (in-
cluding, but not limited to, a hamburger or frankfurter) or
may prepare potentially hazardous food that is:
(i) obtained by the establishment in individual
servings;
(ii) stored at a temperature of 450 Fahrenheit (70 Cen-
tigrade) or below or at a temperature of 1400 Fahrenhe-
it (600 Centigrade or above); and
(iii) served to a consumer in the container in which it
was originally packaged;
(c) permit consumption of ice or contact of ice with food
unless the ice is:
(i) obtained from a source that is approved as
potable;
(ii) in chipped, crushed, or cubed form; and
(iii) obtained in single-use plastic or wet-strength
paper bags that are sealed by the manufacturer and
unopened until used by the establishment;
PAGE 9
(d) store food in contact with water or undrained ice;
except that wet storage of a beverage in a pressurized
container is permitted if the water used:
(i) contains not less than 50 milligrams per liter of
available chlorine; and
(ii) is maintained in a clean condition;
(e) use water from a source that is not approved as potable.
(4) A food service establishment shall:
(a) protect each food and food-contact surface from
contamination;
(b) install equipment in a way that permits cleaning and
sanitizing and that is not likely to cause adulteration of
food;
(c) provide hot and cold water in a quantity sufficient to
maintain personal hygiene of employees and the cleanliness
and sanitation of the establishment;
(d) provide a convenient handwashing facility with soap and
individual paper towels for persons preparing and serving
food; and
(e) comply with liquid waste disposal ordinances and
regulations.
(5) The design and structural material of a facility that
houses a temporary food service establishment are subject to
approval as safe by the health officer. A facility must be con-
structed in a way that protects the establishment from entrance of
outside elements, including, but not limited to, insects, rodents,
dust, or weather. Floors must be constructed of concrete, asphalt,
tight wood, or other similar, easily cleanable material kept in
good repair. If the temporary food service establishment is out-
doors, each food preparation and serving area must have a fire res-
istant overhead covering that protects the interior of the facility
from the weather.
(6) The size of a counter service opening must be no larger
than is necessary for the particular operation and is subject to
approval as safe by the health officer.
(7) A temporary food service establishment shall comply with
Section .003 (Food Care) of the Texas Rules on Food Service San-
itation 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.
PAGE 10
Sec. 13-24. Plans and Permits.
(a) The owner shall submit plans and specifications for con-
struction of work areas intended for use in the operation of a food
establishment, and the location, size, and type of fixed equipment
and interior finishes of such areas to the City of Denton Environ-
mental Health Services Division for approval before work is begun,
when a food service establishment is constructed, or:
(1) the nature of the operation changes;
(2) the establishment is extensively remodeled; or
(3) when an existing structure is converted for use as a
food service establishment.
(b) when in the opinion of the Administrator, no imminent
danger to food or other specified hazard exists, the Administrator
may issue a provisional food service permit for a period not to
exceed thirty (30) days. A provisional permit is subject to re-
vocation if corrective measures are not incorporated into such
facilities within the time prescribed as designated in the permit.
(c) The Administrator's written approval of plans and specifi-
cations for construction of a new facility is valid for eighteen
(18) months after the date of approval, or until construction is
completed and a food establishment permit is issued, whichever
comes first.
(d) The Administrator's written approval of plans and specifi-
cations for extensive remodeling of an existing facility is valid
for 6 months after the date of approval or until construction is
completed and a food service establishment permit is issued, which-
ever date occurs first.
(e) In a food service establishment, the food preparation area
shall be of adequate size and shall constitute a minimum of twenty-
five percent (25%) of the total square footage of the occupied per-
mitted area.
(f) In a food service establishment, dry storage areas shall be
of adequate size and shall constitute a minimum of fifteen percent
(15%) of the total square footage of the food preparation area.
(g) The minimum requirements specified in subsections (d) and
(e) of this section shall be applicable to all establishments for
which building permits are issued after April 18, 1993.
Sec. 13-25. Expiration and Renewal of Permits.
(a) A permit lapses and is void unless the applicable permit
fee is received by the Environmental Health Services division of
PAGE 11
the City of Denton before the expiration date of the existing
permit.
(b) A permit lapses and is void if the food service establish-
ment operating under the permit constructs a new facility or
changes ownership.
(c) No permit shall be renewed unless the applicant has paid
the permit fee and any reinspection fees which have been assessed
during the previous year.
Sec. 13-26. Revocation of Permit.
The Environmental Health Services Administrator may, after pro-
viding opportunity for a hearing, revoke a permit if the Adminis-
trator determines that the manager or owner of a food service es-
tablishment has:
(1) interfered with the health officer in the performance of
his duties; or
(2) been convicted twice within a twelve (12) month period for
a violation of this Chapter; or
(3) failed to comply with a hold order or a condemnation order;
or
(4) 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
(5) intentionally or knowingly impeded a lawful inspection by
the health officer; or
(6) been closed two or more times within a twelve-month period
for conditions that constituted a serious and imminent threat
to public health.
Prior to revocation, the health officer shall notify the holder
of the permit, or the person in charge of the food service estab-
lishment, 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 of the permit
within such five (5) 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.
PAGE 12
Sec. 13-27. 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.
Sec. 13-28. 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 a hearing committee by giving written notice to
the Administrator within five (5) days of the receipt of the denial
or revocation notice.
Sec. 13-29. Hearing.
A hearing of the appeal shall be conducted by a committee
composed of three (3) members to be appointed by the City Manager.
One (1) member shall be selected from the membership of the Denton
Restaurant Association, one (1) member shall be a resident of the
City and one (1) member shall be the Director of municipal ser-
vices. The hearing shall be held at a time and place designated by
the City Manager. The Committee shall hear and consider evidence
offered by any interested person. Based upon the recorded evidence
of such hearing, the Committee shall sustain, modify or rescind any
notice or order considered in the hearing by a majority vote. The
Committee shall provide a written report of the hearing decision to
the holder of the permit.
The decision of the Committee is final as to administrative
remedies, and no rehearing may be granted. Once the decision of
the Committee is final under this section, the applicant or permit
holder may appeal the decision to the state district court or court
of appropriate jurisdiction.
Sec. 13-30. Application After Revocation.
Whenever a revocation of a permit has become final, the holder
of the revoked permit may make written application for a new
permit.
ARTICLE III. INSPECTION
Sec. 13-31. 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
PAGE 13
for human consumption, and he shall have the authority to enter any
food service establishment in the city, as authorized by law for
the purpose of such inspection.
(b) The health officer shall conduct an inspection of a food
service establishment at least once every six months. Additional
inspections of the food service establishment shall be performed as
often as are necessary for the enforcement of these rules.
(c) The city health officer, after proper identification, shall
be permitted to enter any food service establishment at any 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.
Sec. 13-32. Report of Inspections.
Whenever an inspection of a food service establishment or com-
missary is made, the health officer shall record the findings on
the inspection report form. The inspection report form shall sum-
marize the requirements of these rules and shall set forth a
weighted point value for each requirement. Inspection remarks
shall be written to reference, by section number, the section vio-
lated and shall state the correction to be made. The rating score
of the establishment shall be the total of the weighted point val-
ues for all violations, subtracted from 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.
The completed inspection report form shall be made available for
public disclosure to any person who requests it according to law.
Sec. 13-33. Correction of Violations.
(a) The inspection report form shall specify a reasonable
period of time for the correction of the violations found, and
correction of the violations shall be accomplished within the
period specified, in accordance with the following provisions:
(i) If an imminent health hazard exists, such as complete
lack of refrigeration or sewage backup into the estab-
lishment, the establishment shall immediately cease
food service operations and shall not resume until
authorized by the health officer.
(ii) All violations of 4 or 5-point weighted items shall be
corrected as soon as possible, but in any event, within
the time specified on the inspection report.
(iii) All 1 or 2-point weighted items shall be corrected as
soon as possible, but in any event by the time of the
next routine inspection or any scheduled re-inspection.
PAGE 14
(iv) In the case of temporary food service establishments,
all violations shall be corrected within 24 hours. If
violations are not corrected within 24 hours, the
es\tablishment shall immediately cease food service
operations until authorized to resume by the health
officer.
(b) The inspection report shall state that failure to comply
with any time limits for corrections may result in cessation of
food service operations. An opportunity for appeal from the
inspection findings and time limitations will be provided if a
written request for a hearing is filed with the City within ten
calendar days following cessation of operations. If a request for
a hearing is received, a hearing shall be held within 20 days of
receipt of the request, in accordance with the provisions of Sec.
13-28 hereof.
(c) Whenever a food service establishment is required under the
provisions of this chapter to cease operations, it shall not resume
operations until such time as a re-inspection determines that con-
ditions responsible for the requirement to cease operations no
longer exist. The health officer shall offer the opportunity for
re-inspection within a reasonable time.
Sec. 13-34. Re-inspection.
(a) Any food service establishment inspected by the City of
Denton Environmental Health Services Division which receives a
score of 75 or below on any inspection must be re-inspected.
(b) This re-inspection shall be performed in the same manner,
using the same form, as the previous inspection.
(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 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 75.
(1) The issuance of a citation for failure to meet 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 required score shall be
performed on the fourteenth calendar day immediately following the
original inspection, or as soon as possible thereafter, except that
where an establishment is closed due to a score below 60, pursuant
to Sec. 13-62, the original inspector shall determine the time of
the re-inspection.
PAGE 15
Sec. 13-35. 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 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. 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.
Sec. 13-36. Examination and Condemnation of Food.
(a) Food may be examined or sampled by the health officer as
often as necessary for enforcement of any provision of this
Chapter. The health officer may, upon written notice to the owner
or person in charge specifying with particularity the reasons
therefor, place a hold order on any food which he believes is in
violation of Subsection (a) of rule 431.081, Texas Rules on Food
Service Sanitation or any other provision of the rules. 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 from 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.
Sec. 13-37. Appeal From Hold order.
The hold order shall state that a request for hearing to appeal
hold order may be filed within five (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 Committee described in Sec. 13-29 of this Chapter. The Com-
mittee 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.
Sec. 13-38. Power to Examine Food service establishment Re-
cords.
The health officer shall have the authority to examine the
records of a food service establishment in order to ensure com-
pliance with all provisions of this ordinance or of state law.
PAGE 16
Sec. 13-39. Drive-ins.
(a) It shall be unlawful for the owner or operator of a drive-
in cafe, refreshment stand or other eating establishment catering
to customers who remain in their automobiles to permit or allow the
premises upon which such business is located or the adjacent side-
walks or streets, to become littered with loose paper, paper cups,
paper straws, paper napkins and like items thrown or dropped upon
such premises, sidewalks or streets by customers of such establish-
ments.
(b) It shall be the duty of the owner or operator of any
business establishment mentioned in this section to keep the pre-
mises, adjacent sidewalks and streets free and clean of said loose
paper, paper cups, paper straws, paper napkins and like items
thrown or dropped by customers of such business, and it shall be
his further duty to prevent such articles from being blown upon the
premises of others. Any owner or operator who shall permit or al-
low such litter to be blown upon the premises of another or onto
adjacent streets or highways shall be guilty of a violation of this
section.
ARTICLE III. REGULATION OF FOOD HANDLERS
Sec. 13-40. Food Handler's Permit Required.
(a) Every person whose work brings him into contact with the
handling of food, utensils or food service equipment must possess
a food handler's permit. An applicant shall submit an application
for a food handler's permit together with a fee of Fifteen Dollars
($15.00) to the City; provided that a person working on behalf of
a temporary establishment shall submit an application for a food
handler's permit together with a fee of Two Dollars ($2.00) to the
city.
(b) Every person who owns, manages, or otherwise controls any
food service establishment shall not permit any person to be em-
ployed therein whose work brings him into contact with the handling
of food, utensils or food service equipment who does not possess a
valid food handler's permit within ten (10) days from the date of
his employment.
Sec. 13-41. Exemptions.
Every person who possesses a current and valid manager's
certification certificate from taking a course permitted by the
Texas Department of Health shall be exempt from the requirements of
Sec. 13-40.
Sec. 13-42. Food Handler's Permit.
(a) In order to receive a food handling permit, every person
owning, employed by, or otherwise connected with a food service
PAGE 17
establishment whose work brings him into contact with food,
utensils, or food service equipment is required to attend a food
handling school held by the City of Denton or achieve a score of
70 or above on the basic knowledge test administered by the
Environmental Health Services division. This requirement must be
met upon expiration of a food handler permit and upon application
for a new food handler's permit. The Administrator shall issue a
permit to the applicant if the applicant has:
(1) completed attendance of food handling school; or has
achieved a score of 70 or above on the basic knowledge test
administered by the administrator; and
(2) is not suspected of being:
(a) infected with a disease in a communicable form that can
be transmitted by foods;
(b) a carrier of organisms that cause such a disease; or
(c) infected with a boil, an infected wound, or an acute
respiratory infection.
(b) In the event a permit application is rejected, the health
officer shall notify the applicant of the rejection in writing by
certified mail, return receipt requested. The applicant may appeal
the decision of the Administrator as provided in Sec. 13-28. The
decision of the Administrator shall be final unless the applicant
shall file an appeal within five (5) days following service of the
notice.
Sec. 13-43. Display
It shall be unlawful for any person to operate or manage any
public eating place or any place where food or drink is manufac-
tured, processed, prepared, dispensed or otherwise handled in the
city, unless every person handling food or drink in such business
has a valid food handler's permit displayed in a conspicuous place
on the premises.
Sec. 13-44. Permit Duration.
Any food handler's permit issued under the provisions of this
article shall remain in full force and effect twelve (12) months
from the date of issuance, unless sooner revoked.
Sec. 13-45. Same - Nontransferable.
Every permit issued under the provisions of this Chapter shall
be nontransferable.
PAGE 18
Sec. 13-46. Same - Confiscation.
The health officer shall have the authority to confiscate a
food handler's permit that has expired or is otherwise invalid.
Sec. 13-47. Same - Revocation.
(a) The health officer shall have the right to revoke a valid
food handler's permit at any time the holder of such card becomes
or is suspected of being:
(1) infected with a disease in a communicable form that can
be transmitted by foods;
(2) a carrier of organisms that cause such a disease; or
(3) is afflicted with a boil, an infected wound, or an
acute respiratory infection.
(b) Such revocation shall remain in effect until a licensed
physician certifies the food handler is free from any communicable
disease.
(c) No such person shall work in a food service establishment
in any capacity in which there is a likelihood of such person con-
taminating food or food-contact surfaces with pathogenic organisms
capable of transmitting disease to another person.
(d) The Administrator shall notify the applicant or permit
holder in writing of the reasons for which the permit is being
revoked. Revocation shall be final unless the permit holder files
a written request for a hearing with the Administrator within five
(5) calendar days following service of the notice.
Sec. 13-48. Appeal.
A person shall have the right to appeal the Administrator's
decision to deny issuance of a food permit or to revoke a permit by
giving written notice to the administrator within five (5) days of
the denial or revocation. The Health Committee shall consider the
appeal in accordance with the procedures outlined in Sec. 13-29
herein.
ARTICLE IV. VENDORS, CATERING TRUCKS, MOBILE UNITS
AND OUTDOOR SMOKER UNITS
Sec. 13-51. Requirements for Snow-Cone Vendors.
(a) A Snow-Cone vendor shall have a:
(1) Commercially approved source for ice and syrup;
PAGE 19
(2) Handwash sink with soap, running water, and paper
towels; and
(3) 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 necessary to protect the public health and
safety.
Sec. 13-52. Requirements for the Sale of Ice Cream, other
Frozen Desserts or Novelties Upon Public Street
From A Vehicle.
(a) A person may not sell ice cream, frozen desserts or other
novelties from a vehicle before sunrise or after sunset.
(b) Ice cream, frozen desserts, 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) 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 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 rear 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.
Sec. 13-53. Requirements for Mobile Units.
(a) A mobile unit must have a commissary as a base of opera-
tions. Said commissary must meet all requirements of State law
and:
(1) Be inspected and permitted by the Division of Environ-
mental Health of the City of Denton; or
(2) Provide a copy of its most recent inspection report
performed by the Texas Department of Health or the local
PAGE 20
health authority with competent jurisdiction over the
commissary or base of operations; and
(3) Provide any other documentation deemed necessary by the
Administrator to enable the Administrator to enforce this
Chapter or otherwise protect the public health and safety.
(b) All mobile units originating from or serving food within
the city must have a valid food service permit, 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.
(c) The operator of a truck must protect food from contamina-
tion; and keep truck clean and free of rust and corrosion.
(d) All trucks must be identified using the same name that is
on the permit.
(e) All condiments and spices, such as salt, pepper, sugar,
catsup, mustard, mayonnaise, sauces, non-dairy creamer, etc., must
be served in single-serving containers. No bulk dispensers, bot-
tles or cans shall be permitted.
(f) All single-service tableware must be individually wrapped
in plastic.
(g) The applicant for a food permit for a mobile unit shall
present an inspection report to the Environmental Health Services
Division. This inspection shall have been made by the regulatory
authority with jurisdiction or the Texas Department of Health, if
the location of the commissary is outside the corporate limits of
Denton, Texas.
(h) Sewage, waste water and solid waste must be disposed of
according to law.
(i) The waste water tank outlet must be lower than the inlet to
the potable water supply.
(j) Mobile units shall provide a route plan upon request.
Sec. 13-54. 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 af-
filiated 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 from a residential home and shall be a per-
manent, fixed location.
PAGE 21
(c) The Health officer may inspect a catering operation at any
time.
Sec. 13-55. Outdoor Smoker Units.
(a) A food service establishment operating one or more outdoor
smoker units shall:
(1) House each smoker unit in an enclosure of adequate size
to allow for the free movement of personnel around equipment and
other fixtures.
(2) Ensure that the enclosure shall conform to any and all
applicable City of Denton ordinances including building codes, fire
codes, and zoning regulations, and
(i) Walls of the enclosure shall be constructed of
solid material or screen material not to exceed 16 mesh per inch.
(ii) The roof shall be constructed of a non-permeable
material which is water resistant as well as fire resistant, and
shall be sloped to allow for proper drainage.
(iii) Floors shall be constructed of asphalt, cement,
or tight fitting wood which has been sealed so as to be non-
absorbent and easily cleanable.
(iv) All outer openings shall be tightly sealed so as
to prevent flies and other insects from entering the food prepara-
tion area.
(3) Ensure that all food preparation activities comply with
Sec. 003 "Food Care" of the Texas Rules on Food Service Sanitation,
except that:
(i) In instances where sinks are not provided, the
operator shall set up containers to be used for sanitizing hands
and food service utensils. Hand sanitizers shall be provided at a
strength of not less than 200 p.p.m. and utensil sanitizer shall be
at a strength of not less than 100 p.p.m.
(ii) A thermometer shall be provided in the interior
of the smoker unit to measure air temperature inside the unit, and
a food thermometer shall also be provided to measure the internal
temperatures of meats during the cooking and holding process to
insure compliance with temperature requirements.
ARTICLE V. ENFORCEMENT
See. 13-61. Violations.
(a) The Administrator of the Environmental Health Services
Division, Department of Municipal Services, or any of his designat-
PAGE 22
ed employees, shall have the responsibility and power to enforce
all provisions of this ordinance within the corporate limits of the
City of Denton, Texas.
(b) Whenever the health officer determines that there has been
a violation of any provision of this ordinance, which in his
judgment can jeopardize the public health, or for violation of any
items which have been noted as problems on two or more consecutive
inspection reports, the 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 purposes of enforcing the provisions of this
chapter.
See. 13-62. 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:
(1) The health officer finds any building or place used for
the storage, manufacture or sale of food or drink for human
consumption, or the methods or practices used therein, to
be so filthy or unsanitary as to endanger the public
health;
(2) The health officer, upon inspection of an establish-
ment, finds sufficient violations which cause the rating
score of said establishment to be below a total of sixty
(60) points;
(3) The health officer finds that an establishment is
operating with no working refrigeration units;
(4) The health officer finds that an establishment is
operating without running water for a period of more than
one (1) hour; or
(5) The health officer finds that sewage has backed up into
an establishment.
(b) It shall be the duty of the health officer 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.
PAGE 23
SECTION II. That if any section, subsection, paragraph,
sentence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the valid-
ity of the remaining portions of this ordinance, and the City Coun-
cil of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION III. All ordinances or parts of ordinances in force
when the provisions of this ordinance become effective which are
inconsistent or in conflict with the terms or provisions contained
in this ordinance are hereby repealed to the extent of any such
conflict.
SECTION IV. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION V. That this ordinance shall become effective on the
18th day of April, 1993, and the City Secretary is hereby directed
to cause the caption of this ordinance to be published twice in the
Denton Record-Chronicle, the official newspaper of the City of
Denton, Texas, within ten (10) days of he date of its passage.
PASSED AND APPROVED this the day of OF, 1993.
BOB CASTLEBERRY, MA
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APP ?AD AS O LEGAL FORM:
DEB DRAYOVITCH, CITY ATTORNEY
BY:
PAGE 24
I