2012-305ORDINANCE NO. 2� 12-3�5
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 13 ("FOOD AND
FOOD SERVICE ESTABLIS�IlVIENTS") OF THE CITY OF DENTON CODE OF ORDINANCES BY
DELETING ARTICLES I, II, III, N, V AND VI IN THEIR ENTIltETY; ADOPTING THE TEXAS
FOOD ESTABLISIIlVIENT 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 COUNCII, OF THE CITY OF DENTON TEXAS HEREBY ORDAINS:
SECTION 1: Articles I, II, III, N, V and VI of Chapter 13 ("FOOD AND FOOD SERVICE
ESTABLISHIV�NTS") 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 "regulatory 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 lcept 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 Department 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 followingt
162.1 Administrator: the Building Ofiicial, or their designated employee, of the City of Denton.
162.2 Agricultural product: an agicultural, 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.
162.3 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 deiinition 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 ar 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.
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162.5 Certificate 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 properiy 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 skill 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 raw agricultural products grown by farmers or home-grown fiuits,
vegetables, produce or food products; meat and fish items, plants and flowers; arts and crafts
items; and bakery goods, beverages, dairy 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 Market: 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 property. 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 certiiicate 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 Grease Interceptor: A plumbing appurtenance that is installed in a sanitary drainage
system to intercept oily and greasy wastes from a wastewater discharge. Such device has the
ability to intercept free-floating fats and oils.
162.17 Health Officer: the officer or other designated authority charged with the administration
and enforcement of this code, or a duly authorized representative.
162.18 Health or regulatory authority: the City of Denton.
162.19 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 pork. Heavy food preparation includes but is not limited to: cafeterias, fast
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.
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162.20 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, eta 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 Minor: shall mean an individual under the age of 18
162.22 A food establishment that serves, sells, or distributes any food or beverage from a mobile
food preparation vehicle that is not operating at a permanent fixed location. A mobile foodservice
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 from which food is prepared, served 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 pacl<aged 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 from 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.
162.23 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.
162.24 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 toaLin 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 ar below, such as apple
juice, lemonade, limeade, and orange juice;
3) Fresh squeezed, high acid beverages;
4) Commercially filled carbonated beverages;
5) High acid beverages made from a commercial mix; and
6) Mineral water sold in open, single-service cups with ice from an approved source.
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162.25 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.
162.26 Perishable food: shall mean any food of a type or in a condition that may spoil.
162.27 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.
162.28 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.
162.29 Smoker: any unit, whether mobile or fixed in nature, which uses wood or wood products
to provide smoke far the purpose of slow cooking meats intended far human consumption,
whether such unit is inside an enclosed building or in an outdoor area.
162.30 Temporary Event/Community Based 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.
162.31 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.
16232 Toilet facilities: flush toilets and sinks with hot and cold running water connected to an
approved system
16233 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.
16234 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 certificate.
Certification 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;
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;
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5) Concession stands that are run by volunteers;
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
certiiied 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 temporary event food vendor.
Compliance may be required of establishments ha�ing 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 5tate Health Services within the time limits allowed in this article.
163.6 A person holding a food protection manager's certificate 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 brings 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 ofiicer, 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.
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.
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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.
Every 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 coniiscate 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-iitting 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 off'icer discovers any food or drink displayed for sale or kept for sale,
which is unwholesome or unsafe for human consumption, the off'icer shall order the food or drink
to be destroyed or removed, and the owner or the responsible 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, firtn, food service establishment,
temporary 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:
1643 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 E�sting 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:
166.2 Garbage Containers.
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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 delivery 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 articles necessary 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 customer 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;
fl In the outdoar 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.
2) The application shall include an approved Certificate of Occupancy issued by the
Building Official. A Certificate of Occupancy shall be required for all mobile
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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 iiled itinerary.
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 food establishment
permits shall not be transferable and sha11 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 (accarding to the Denton Development Code) to
allow food establishments.
2) Mobile units shall not stop and sell foo.d 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 colar 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.
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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-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 from 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 article
2) Potentially hazardous beverages such as individual. servings of milk, 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
commercial 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: those menu
items listed under Class IV — Limited Service Pushcart category, 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 serve 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 Servicing by commissaries
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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 from the commissary or
other approved sources.
3) An existing food establishment may serve 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 ofiicer to
ensure compliance with all regulatory codes.
4) The mobile food establishment shall provide documentation of each visit to the
commissary 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 fiyer
units while vehicle is in motion.
fl 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.
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169.9 Damage Report
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 transported or any damage that results in a violation of this section, shall be
reported within 24 hours of the time the accident occurred. Reports 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 ofiicer, 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, from 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 229169(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 fifteen
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 tanl< 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 discharged to an approved grease interceptor at the
commissary. 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 operator's use; and shall have garbage 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 restrooms 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 fire lanes or parking spaces that are required by the Certificate 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 report 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 necessary to protect the public
health and safety. This type of establishment may be a fixed 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, 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) Such frozen 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 veriiication 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. Servicing records maintained at the
commissary shall be immediately available to any peace officer 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 record 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 commissary or mobile food
establishment to knowingly present or issue any false, fraudulent, or untruthful servicing 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 from 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 lcnown 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 conf'�rm 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 Ciiy 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 servicing 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 prepacicaged 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 from 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 speciiied 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 commissary. Only exteriar 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.
8) Leave a location of operation until the area of operation is free from 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 fiYed 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 Department 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 requirements.
a) 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 i£
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 department that has been
approved by the city; and �
c. 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) worlcing 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.
� Food manufacturers must submit a copy of the state manufacturer license with their
application.
g) Permits for temporary food service establishments that are not operating in conjunction
with a City sponsored special event or community based event shall be limited to six (6)
pertnits per year per establishment.
h) A foodservice establishment with a current annual health permit will be required to
obtain a temporary 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 229170(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 during storage, preparation, and service; this
will include grill covers or lids to prevent contamination from 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 service 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 temparary 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
Certification for a minimum of one ar 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 aff'iliated 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 permanent, fixed location.
c) The health ofiicer 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 FAItMER'S MAI2KFT
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 Certiiied Food Managers Course. Food vendors that
offer, sell, or distribute only prepackaged foods, non-potentially hazardous foods or
beverages or temporary 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 risk.
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 Regulatory Authority.
Letters may be required from 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 affix 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 Regulatory
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 from an unapproved source and may not be used
or offered for sale in Fartner's Markets or Food Market as defined in this rule.
Food from a kitchen regulated by a local regulatory authority and proof of such is
presented shall be considered from 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 refrigeration
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. Poultry 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 Regulatory 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, dry 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 Regulatory 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 sha11 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
identiiied, 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 Regulatory 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 Regulatory 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 Regulatory Authority.
b. Manual ware-washing sink requirements. At least one (1) sink with at
least three (3) compartments 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 sufficxent 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. Efforts 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.
fl 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 properly 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 iile 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 articles shall be destroyed for human food
purposes under the supervision of an inspector.
6) All appeals from iinal 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 fmal 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 speciiications 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 finishes 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 of the 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 required.
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 sufiicient 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, compressors, 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 prepaxation 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 difficult 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. Wallc-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 every 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 necessary. Hand-wash sinks shall be freestanding
or wall hung. If a sinlc 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-drying devices and all related fixtures shall
be permanently mounted and kept clean and in good repair.
b) A three (3) compartment 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 modifed
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 finished 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 refrigerators 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 countertops shall be sealed, smooth, and easily cleanable
10) Toilet facilities: Public access shall not be through the kitchen.
11) Walls & ceilings:
a) In food preparation, storage, utensil washing areas, and restrooms; 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 sinlcs or places that receive heavy use must be finished with FRP
(iiberglass reinforced panels), ceramic tile, epoxy type paint or similar
materials to withstand moisture. Bathroom walls shall be iinished (as those
listed above) behind plumbing fixtures to a height of at least four (4) feet up
from the floor. Hea�y food preparation areas behind stoves, grills, and fryers
shall be of stainless steel from 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 tbe 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(f) 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 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 applicants. If the application
is for a temporary or seasonal food service establishment, it shall also include the
inclusive dates of the proposed operation.
1713 Application fee.
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a) The applicant shall submit the applicable nonrefundable fee as set forth 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 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.
d) Fee Exemptions
1) Food vendors operated by a public entity, such as D.LS.D., university, community
college, or the City, may be exempt from 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 ofiices of the city
secretary or the health officer. The applicant shall submit the applicable nonrefundable
fee as set forth 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 imal 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.
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4) If the establishment changes the name of the business only, they have 10 days from
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; temporary, and
' seasonal permits shall expire in accordance with their terms, unless suspended or
revoked by the health ofiicer.
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 tbe 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 are 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
f� 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 iive (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 fled within the five (5)
calendar day period, a final notice of revocation shall be served. Upon receipt of the iinal
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 final, 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 ofiicer denies the issuance of a permit or a pertnit 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 fmal as to administrative
remedies, and no rehearing may be granted. Once the decision of the Health and Building
Standards Commission is fmal under this section, the applicant or permit holder may appeal the
decision to the state district court or court 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 ofiicer other information that the administrator determines 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
necessary to ensure enforcement of these rules.
171.14 Power to examine food service establishment recards.
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 ofiicer 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
iindings on the inspection report form. The inspection report form shall summarize 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 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 offcer
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 service 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-iive (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-iive (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 officer determines that there has been a violation of any provision of
this chapter, which in his/her judgment can jeopardize the public health, or far violation
of any items, which have been noted as problems on two (2) or more consecutive
inspection reports, the health ofiicer 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 reyuests the name of said person for purposes 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 fmds that an establishment is operating without running water or
hot water for a period of more than one (1) hour;
4) The health officer fnds 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 ha�e 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 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.
171.24 Appeal from hold order.
The hold arder shall state that a request for hearing to appeal the hold order may be filed within
five (5) days and that if no hearing is requested, the food shall be destroyed. ff 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 forth in EaLhibit "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 ordinance 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 iined 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 portions 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,
�od2/�,b�r �i , 2012, and the City Secretary is hereby directed to cause the caption of this ordinance to
be published twice in the Denton Record-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 .x2� 2012
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: �
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: � �
MARK A�BURI�OUGkiS, MAYOR
Page 31 of 33
EXHIBIT A: Health Permit Fee Schedule:
See new fees hi-lighted in yellow
Tvne of Health Fee's Fee Amount
1. Two year food handler card ... $25.00
2. Manager Certif'ication Registering Fee with the City. .. $10.00
3. Swimming Pool Operator Certification ... $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 ... '/z of TABC charge
7. Wine and beer retailer's off premises ... '/2 of TABC charge
8. Retail dealer's on premise license beer only ... %2 of TABC charge
9. Retail dealer's on premise late hours license ... '/2 of TABC charge
10. Mixed Beverage permit - application fee .., $25.00
1 L Mixed Beverage permit fee '/z of TABC charge
12. Mixed Beverage Late hours 1/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 Grocery 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
25. Mobile Food Unit - Class 3 $175.00
26. Mobile Food Unit - Class 4 $ 75.00
27. Daycare Facility. .. $150.00 plus $1.00/each child licensed
28. Nursing Home... $275.00
29. School Cafeteria. .. $150.00
30. Temporary Permit . . . $ 35.00
31. *Farmer's/Community Market Annual Permit ... $240.00
32. *Farmer's/Community Market Monthly Permit ... $ 40.00
33. **Application fee for all new permits $250.00
34. * * *Administrative Fee . . . $ 3 5.00
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 Temporary 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 temporary 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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