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1:
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 13 ( "FOOD AND
FOOD SERVICE ESTABLISHMENTS ") OF THE CITY OF DENTON CODE OF ORDINANCES BY
DELETING ARTICLES 1, 11, 111, IV, V AND VI IN THEIR ENTIRETY, ADOPTING THE TEXAS
FOOD ESTABLISHMENT RULES PROMULGATED BY THE TEXAS DEPARTMENT OF STATE
HEALTH SERVICES AND MAKING RELATED DELETIONS AND AMENDMENTS THERETO,
PROVIDING A SEVERABLITITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR A PENALTY NOT TO EXCEED $2,000 FOR VIOLATIONS OF THIS ORDINANCE; AND
PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON TEXAS HEREBY ORDAINS:
SECTION 1: Articles I, II, III, IV, V and VI of Chapter 13 ( "FOOD AND FOOD SERVICE
ESTABLISHMENTS ") of the City of Denton Code of Ordinances are hereby deleted in their entirety and
replaced with new Sections 13 -10 and 13 -20 which hereby read in their entirety as follows:
Sec. 13 -10 Rules on food service -- Adopted, compliance procedures.
The city adopts the amendments to Texas Board of Health found in 25 Texas Administrative Code,
Chapter 229, Sections 161- -171 and 173 - -175 as amended, which establishes regulations regarding the
regulation of food establishments in this jurisdiction is hereby adopted as the minimum standards for food
service operations within the corporate limits of the City of Denton, Texas. Wherever in these rules the
words "municipality of Denton" appear, they shall be understood to refer to the City of Denton and the
words "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 kept on file in the
office of the city secretary of the city being marked and designated as the Texas Food Establishment
Rules, published by the Texas Board of Health Bureau of Food and Drug Safety (Retail foods division).
Any revision, addition, or deletion to the Texas Food Establishment Rules (TFER) by the 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.
l • r r r'
Section 229.162 is amended by adding the following:
162.1 Administrator: the Building Official, or their designated employee, of the City of Denton,
162.2 Agricultural product: an agricultural, apicultural, horticultural, silvicultural, or
viticultural, or fish or other aquatic species product, either in its natural or processed state, that
has been produced, processed, or otherwise had value added for use as human food.
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 definition of mobile food establishments, a food service establishment is
considered to be operating mobile food units, rather than to be operating as a catering
establishment; unless at each premises or property to which food is delivered, the food is
provided to one person for consumption by that person or that person's guests or invitees.
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162.4 Catering operation: a food service establishment which prepares or serves food on
premises in control of another.
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 property or building in which the business is
located.
162.7 Change of Use: that which requires the owner of an establishment to submit plans before
any construction is begun on a project that changes the use of the current establishment.
162.8 Commercially Manufactured: produced or built, for commercial gain, by a person
showing a high degree of skill or competence.
162.9 Commissary: also known as a central preparation facility; base of operations; or premises
from which a mobile unit operates. A commissary shall be used as a base of operations for all
classes of mobile food vendors. A commissary is a site approved by the City Health Officer 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 fruits,
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 certificate of occupancy; not
mobile in nature.
162.15 Food handler card: a card issued by the city of Denton to all food establishment
employees whose work brings them into contact with the handling of food, utensils, or food
service equipment. These employees shall fulfill all city requirements before receiving a card.
162.16 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
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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.
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, etc. and may include day care centers. For information regarding grease interceptor sizes,
refer to the International Plumbing Code as amended by the City Building Inspection Department.
162.21 Minor: shall mean an individual under the age of 18
162.22 Mobile Food Establishment; 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 classifications are based upon the
type of menu served.
Class I — Limited Mobile Food Establishment: these mobile food units may provide hot and
cold holding display areas from which packaged foods are displayed. Self-service by customers
of unpackaged foods is not allowed. Preparation, assembly or cooking of foods is not allowed on
the unit. Non-potentially hazardous beverages must be provided from covered urns or dispenser
heads only. No dispensed ice is allowed.
Class 11 — 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 shall serve only a limited menu
as approved by the Consumer Health Division.
Class IV — Limited Service Pushcarts: these mobile food units 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 toxin production of Clostridium botulinum. The term
includes:
1) Tea and coffee, excluding espresso, with powdered creamer or ultra-high, pasteurized half
and half in individual servings;
2) Commercially made, high acid beverages with a pH level of 4.6 or below, such as apple
juice, lemonade, limeade, and orange juice;
3) Fresh squeezed, high acid beverages;
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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.
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 for the purpose of slow cooking meats intended for 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.
162.32 Toilet facilities: flush toilets and sinks with hot and cold running water connected to an
approved system
162.33 Vendor /Supplier: a business establishment approved by the City Health Officer that sells
or supplies food and food related products to Mobile Food Establishments.
162.34 Warehouse: shall mean any enclosed structure, room, or building where packaged food
or food products intended for off - premise consumption are stored for, sold to, or offered for sale
or distribution to persons other than the ultimate consumer.
162.35 Wholesome: in sound condition, clean, free from adulteration, and otherwise suitable for
use as human food. Food which is packaged shall be deemed wholesome if it meets the foregoing
requirements and it is used or sold prior to the expiration date marked on the package.
Section 229.163(a) is amended by adding the following:
163.1 This person (i.e., the person in charge as defined in T.F.E.R. §229.163(c)) shall have a
valid Food Protection Management training certificate. Certification must be obtained by passing
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an czuonbuadou approved by the Texas Department of State Health Services and approved by the
regulatory authority.
The following food service establishments are exempt frVuz the requirements of this section:
l) Establishments selling only uncut produce or commercially packaged; hermetically
sealed foods;
2) ufood enterprise that provides only beverages or prepackaged food that is not a
potentially hazardous food;
3) Burs and lounges that do not serve potentially hazardous foods;
4) ufood processing plant that iu inspected at least once each week byustate or federal food
sanitation inspector or that only stores prepackaged food that is not potentially hazardous;
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
certified food manager is in charge at the central preparation facility that supplies the
products for the vending machine or mobile food eutuh1iubnueot; or
8\ a temporary event food vendor.
Compliance may bcrequired of establishments having one of the above exemptions if they have
repeated or critical food code vio}udouo, or if determined by the health offiooc to he uupuh1e 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 tothe opening of the establishment, that the establishment meets
the Certified Food Protection Manager requirement of this article.
163.3 lfufnodnerviuc establishment cannot meet the requirements of this section because of the
touuiuutiuu or permanent transfer ofuregistered food protection manager, the food oatab|iubooeot
shall: Employ another registered food manager within thirty (3O) days of the effective date of the
termination or transfer ofthe previous manager. When an existing fond service cotubUahoueut has
a change of ownership, the new owner or operator of the establishment shall provide verification
to the Consumer }{eu1tb Division within thirty (30) days of the effective date of the change of
ownership that dia in compliance with the certified food protection manager requirements of this
|04Aperson commits an offense ifthe person im the owner or operator ofufood establishment
and violates uprovision of this ocudou.
163.5 A person commits an offense if the person is the food manager of a food establishment and
fails to obtain ahoud protection manager's certificate from an accredited program accepted by the
Texas Department of State Health Services within the time limits allowed in this article.
163.0 /\ pccuou holding u food protection nuuuuger`o certificate ubu1l register u copy of that
certificate with the City of Denton Consumer Health Division.
III ITT,
163.7 Every person whose work brings them into contact with the handling offood, utensils, or
food service equipment must possess u valid City of Denton food handler card.
Every person who unmm' manages, or otherwise uoutru|m any food service cstuhlixbouen1 xba8 not
permit any person to he employed therein who does not pnaxeeo u valid City of Denton food
handler card within ten (lO) days from the date of their employment.
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163.8 Food handler test
In order to receive a food handler's card, every person must achieve a score of seventy (70) or
more on a the test offered by the City of Denton or pass an approved on -line course offered on the
City of Denton Consumer Health webpage. After an applicant passes an online food handler
course, the applicant shall bring verification to the City in order to receive a City of Denton
issued Food Handler card. This requirement must be met upon expiration of a food handler's card
and upon application for a new food handler's card. At the discretion of the health officer, if he or
she deems it necessary, employees may be required to attend one of the classes offered by the
City of Denton Consumer Health Division.
163.9 Certificates available.
The permit holder of the food service establishment shall make food handler cards and food
manager certificates displayed where they can be easily seen by the regulatory authority.
163.10 Duration of food handler card.
Any food handler's card issued under the provisions of this article shall remain in full force and
effect two years from the date of issuance.
163.11 Same - nontransferable.
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 confiscate a food handler's permit that has expired or
is otherwise invalid.
163.13 Personnel.
a) A food employee may drink from a beverage container that has a tight -fitting lid with a
straw.
b) Employees shall wear disposable gloves when handling ready -to -eat foods, or provide
documentation of training regarding correct handling of ready -to -eat foods as found in
section 229.164(e)(1)(D)(i)- (iii).
Section 229.164(a) is amended by adding the following:
164.1 Destruction of unwholesome food authorized.
Whenever the city health officer discovers any food or drink displayed for sale or kept for sale,
which is unwholesome or unsafe for human consumption, the officer shall order the food or drink
to be destroyed or removed, and the owner or the 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, firm, 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:
164.3 Written documentation of cool -down procedures of the food that is being donated is
required.
Section 229.165(k)(1)(C) is amended by adding the following:
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165.1 Existing equipment which was installed in u food service establishment prior to the
effective date ofthis chapter, and which does not meet fully all ofthe design and fabrication
requirements of this rule ubuli be deemed aooco1uh1a in that establishment as long as 1bn/u is no
change ofownership, equipment ioiu good repair and capable of being maintained inusanitary
condition, and the food-contact surfaces are nontoxic. Replacement equipment and new
equipment acquired after the effective date of this chapter sbu)1 meet the requirements of this
chapter.
Section 229.166()O&imamended by adding the :
166.1 G/euoc Interceptors obul be located outside the food preparation area unless u1borvvac
approved by the regulatory authority.
Sectiou229.K660(%4)(B) is amended ly adding the :
l66.2 Garbage Containers.
Garbage and refuse shall be kept indurable, easily o and
containers that do not leak and do not absorb liquids. Containers used in food preparation and
utensil-washing areas shall he kept covered except when uu1ua\|v in use.
There shall be sufficient number of containers to hold all the garbage and refuse that accumulates
during operation of the food eutubUxbouout. The regulatory authority may require additional
service, duoupoteraor larger dunoputeruto accommodate the garbage and refuse that accumulates.
Suitable tuoUidcm, including hot vva1cr and detergent or steam ubu\l be provided and used for
vvuubiog garbage uoutuiuom. Liquid p/uute from compacting or cleaning npmru1ioou uhuU be
disposed of as unvvuge. 9nvvcr vvuubing and nnotruciud cleaning services ubuU be performed
according to applicable law.
Cardboard or other packaging nuatodo|m that do not contain food residues or that are vvuidug
regularly uobodolcd delivery to u recycling or diuyoou1 site may be stored outside in u 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 :
Food Service establishments and all parts of the property used iu connection with operations of
the establishment shall he kept free oflitter.
Only articles necessary for the operation and maintenance of the food service eetabUub000n1 eba)
be stored on the premises.
Section 229.167()050(B)(iii)imamended by adding the following:
167.2A food service establishment may permit ucustomer to be accompanied byudog in an
outdoor dining area if-
u] The food service establishment posts uuigo in uuouupicuoum 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 nfthe
food service establishment;
c) The dog does not enter the interior of the food service
d\ The customer retains the dog oua leash at all times and controls the dog;
a) The customer does not u)lovv the dog to be on a seat, u table, u countertop, or a aiooi1ur
surface;
fl In the outdoor dining area, the food service establishment does not
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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 a completed itinerary . An itinerary shall be
required for all mobile units that will stop and sell food in any one parcel of land
for more than one hour. The itinerary of listed locations shall be approved and
signed by a City Planner. The approved itinerary 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) It shall be unlawful for a Mobile Food Establishment to operate unless the
Consumer Health Division has been notified of the location. Notification may be
done in writing or electronically according to procedures established by the
Division as long as the location is part of the preapproved itinerary. The
Consumer Health Division shall be given written notice at least two (2) business
days before implementation of any changes to the approved, filed 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. The 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 shall be considered revoked should the food
vending operation be changed from that specified in the permit.
c) Location of Operation
1) Any location where mobile units stop and sell food in any one location for more
than one hour, shall be zoned (according to the Denton Development Code) to
allow food establishments.
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2) Mobile units shall not stop and sell food in a residential District (as defined in the
Denton Development Code) without written permission from the Homeowner's
Association or a Neighborhood Association. Mobile units shall not stop and sell
food in any residential zone that does not have an active Homeowner's or
Neighborhood Association, except for those mobile food units that regularly sell
food to construction workers in residential zones with active construction
activity.
d) Operations on Public Property
No mobile food vehicle shall operate a business from a public park or publicly owned
property or site without written permission from the City.
e) Signage
1) Each mobile establishment must be readily identifiable by business name,
printed, permanently affixed, and prominently displayed upon at least two sides
of the units , in letters and numbers not less than 3 (three ) inches in height
2) Each mobile food establishment shall be clearly marked with the food
establishment's name or a distinctive identifying symbol. The lettering shall be
at least three (3) inches in height and of a color contrasting with the background
color. If a symbol is used, it shall be at least twelve (12) inches in diameter or of
an equivalent size.
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 shall serve only a limited menu
as approved by the Consumer Health Division.
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Menu items shall belimited to, unless authorized by the Health those menu
items listed under Class IV— Limited Service Pushcart category, hot dogs, nachos with artificial
cheese base, corn on the cub' snow cones, popcorn, pretzels, uuuougc on uatiuk tau, lemonade,
fruit drinks (from dry mix ou1y), tamales, and roasted peanuts.
CXommIV — Limmitmd Service Pushcarts: tbeocnoohi|efonduuituouayhepuubodhvhuonuopuv/cc
to various /noa1iouo and abaU serve only u limited menu of non-potentially hazardous,
prepackaged food items ue approved hy the Consumer Health Division.
Menu items abuU he limited to, unless authorized by the Health loapeu1nr: prepackaged
chips, candy, ice cream, prepackaged sodas, and bottled water.
l69.3 Class III and Class D/ Mobile Food Vendors shall not:
|) use u vehicle that exceeds 6 ft. s4 ft. x3fL;
21 enter no occupy upublic roadway to solicit or conduct usale;
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;
0) be located within aoouxtruc1iou urmu. or;
7) conduct business with vehicular traffic located in the street right-of-way.
169.4 Servicing a1commissaries
Mobile food cstubKohnocotn uba| report to an approved c0000uiooury location for uuyyUea,
cleaning, and servicing operations uofollows:
l\ The interior of the mobile food establishment shall he cleaned ut least daily, and xbuU be
stored u1a location not used uoa residence when not iuoperation.
2) The znohi|o fond ootubUmboumut mbaU acquire needed supplies from an approved
commissary oc other approved vuudor/ouppUoc
3) An existing food ouhabUmbooent may serve as u commissary for u mobile food
establishment only if approved hv the health officer. The existing food establishment
would be required to have an approved vcbio|o durugc facility, approved potable water
hookups, approved wastewater drainage facilities, approved grease interceptor hookups
and size, and any other accommodations as determined necessary hythe bcu|db officer to
ensure compliance with all regulatory codes.
4) The mobile food establishment shall provide documentation of each visit to a commissary
and ubul{ have that documentation available for inspection. This documentation uba1) be
provided hy the commissary providing service, and xba/1 specify when and which service
was provided.
169.5 Servicing Records
D ubu|l be uuiuvvfu| for an operator of mobile food cmtah|ioboueut to be in operation without u
valid servicing record in his possession. The operator ofamobile food establishment shall keep
and maintain servicing records oo the mobile food establishment for u period of one year from the
du1c of servicing. The servicing records must be immediately available to any peace officer or
health officer for inspection.
l6V.0 Vehicle construction
u) The interior ofthe vehicle obu1l be uonu000rciu||y manufactured or be approved by the
health officer.
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b) The food preparation area of the vehicle shall be completely enclosed.
c) Mobile food establishments may be required to provide an on board power source, such
as a battery or generator, to assure maintenance of PHF /TCS foods at proper temperatures
during transit, preparation and service. The vehicle must be equipped with commercial
mechanical facilities. All equipment on the vehicle is to be NSF approved, ANSI
approved, or of commercial grade.
d) The cab of the vehicle must be physically separated from the food preparation area, and
the seats designated for the cook and any passengers must be located outside of the food
preparation area.
e) All cooking equipment and hot holding units must be located at the rear of a mobile food
preparation vehicle. Covers for deep fryers must be provided and installed over fryer
units while vehicle is in motion.
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.
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:
169.12 A mobile food establishment must demonstrate mobility at any reasonable time if
requested by any peace officer, health officer, or designated city employee.
169.13 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:
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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.
169.14 Mobile food establishments are limited by the types and choices of approved food items
being prepared and sold. Food preparation may be restricted by Consumer Health.
Section 229.169(a)(8)(A) is amended by adding the following:
169.15 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 (3 0) gallons of
capacity and shall be drained and thoroughly flushed during servicing operations.
2. All liquid waste shall be discharged to an approved sanitary sewage disposal system at
the commissary.
3. Liquid waste shall not be discharged from the retention tank when the mobile food
establishment is at an operational location.
4. The waste connection shall be located below the water connection to preclude
contamination of the potable water system.
5. Connection to a sewerage system at an operation location is prohibited.
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:
169.16 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.
169.17 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.
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d A copy of the notarized statement shall be displayed inthe mobile food establishment iu
plain view of the public ut all times.
169.18 Separation and Setbacks
Mobile food vehicles shall be separated from existing buildings and other mobile food vehicles
hvu minimum ofl2feet. Mobile food vehicles shall hm 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 orio parking spaces that are required hv the Cmrtifivate of Occupancy ofuu existing
business unless the business is closed and its required parking spaces are available.
169.19 Food Transportation
l) [)n6og transportation, food and food utensils ubu1 he kept in covered 000tubncrm or
completely wrapped or packaged so aotobc protected from contamination. Foods in
original puukuuou do not need to be ovorwrupped or covered if the original package is
sealed.
2) Food shall hc maintained ut required temperatures u1 all times during transport.
169.20 Closure of a Mobile Food Establishment:
When uoaobi1c food unit is ukmod by the bmubb 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 hvuhealth officer for cddoul violations, the bcukh officer ubu11 post the inspection report
inside the facility. No person except the bcu|th officer shall remove or alter the inspection report
or closed sign.
Section 229.169(b)(2) im amended 6v adding the :
169.21 Servicing records |ohe kept hvcommissaries
A c0000niaoury from vvbicb u ouohUc food outab1iubouunt operates shall issue and maintain
servicing records for each unit in a manner and form prescribed by the buuhb officer. The pmcoud
holder, person iucharge, 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 bcubb officer, vvbicbuvor conomo first. Servicing records maintained at a
uoounuiuuury obuU be immediately uvudab|o to any peace officer or bua|tb officer for inspection
during normal business hours.
169.22 Falsification of servicing records
It mba11 be unlawful for an nvvuec, permit holder, person in charge, employee, or representative of
any 000uouiuuary to issue u 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 uonnnuimuury or mobile food
establishment to knowingly present or issue any false, fraudulent, or untruthful servicing nnon,d
for the purpose of demonstrating compliance with the requirements of this chapter.
Section 229.169(c)(2) is amended by adding the following:
169.23 Servicing nnerudoum
D Potable water-servicing equipment shall be stored and bundled in amug/ that protects the
water and equipment from contamination.
2) \/ebiolo 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 vnbic|c^u food storage or food preparation areas of equipment.
If hoses are used in the cleaning process, they shall he food-grade and kept off the floor
or pavement, on racks or by other approved suitable means. All cleaning areas ubu1l be
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paved with a smooth surface of nonabsorbent material such as concrete or machine -laid
asphalt, which is sloped to drain toward an approved catch basin or floor drain where the
liquid waste can be lawfully disposed. The use of liquid waste transport vehicles
(otherwise known as vacuum trucks), licensed by the Texas Commission on
Environmental Quality for the removal and disposal of liquid waste resulting from mobile
unit food operations is permitted.
3) Servicing operations may be performed by a commissary operator or by the mobile food
establishment operator. It shall be the commissary operator's responsibility to observe or
perform servicing on each mobile food unit and properly complete a servicing record. It
is the responsibility of the mobile food establishment operator to confirm that the
requirements of this section are fulfilled prior to resuming operations.
4) A current copy of each authorization must be maintained on file with the City of Denton
Consumer Health Division and also in plain sight on the vehicle for inspection by the
City of Denton or a peace officer upon request.
169.24 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.
169.25 Warehouse:
1) If only prepackaged goods are sold, a warehouse may be accepted in lieu of a
commissary.
2) Warehouses shall be required to meet only those rules necessary to prevent the
contamination of stored foods, single service articles, utensils and equipment. In general,
warehouses shall be exempt from the rules relating to finished walls, ceilings, or storage
bases, light colored surfaces, restrooms, lavatories and utility facilities, provided foods
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.
169.26 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 specified 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
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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 Manager or his designee, unless selling for less than one hour at a site immediately
adjacent to property that is currently under construction.
7) Park at a residence.
8) Be permitted to be washed -out at the location of an existing food establishment. All
interior washing shall be at an approved commissary. Only exterior washing of the
mobile food vehicle may be done at a commercially operated carwash. Grease or
wastewater shall not be dumped or drained at a carwash.
9) 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.
169.27 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. Also refer to section
171.22.
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.
169.28 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:
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.
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169.29 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.
169.30 All vehicles offering ice cream for sale shall have:
1) An automatic flashing device consisting of two lamps at the front of the vehicle, mounted at
the same level and as widely spaced laterally as possible and displaying simultaneously flashing
amber lights, and two (2) lamps at the rear of the vehicle mounted at the same level and as widely
spaced laterally as possible and displaying simultaneously flashing amber lights, to be used at all
times while each vehicle is in use for food service or solicitation of sales;
2) Signs in front and real bearing the word "SLOW" in letters not less than six (6) inches high;
and 3) be capable of maintaining a constant temperature for food storage and contain, in a
conspicuous place, a thermometer to allow for verification of temperatures.
Section 229.170(a) is amended by adding the following:
170.1 The term temporary food service establishment shall not include concession stands, which
operate at a fixed location in conjunction with scheduled, community -based sporting or
recreational events provided that the preparation and serving of potentially hazardous foods shall
be restricted to only those pre- cooked, pre- packaged potentially hazardous food products that
have been properly prepared in accordance with all 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 if:
1) The health officer finds that the operation will not result in a health or safety hazard
or a nuisance;
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) working days prior to the event, or five (5) days prior
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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.
f) 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)
permits 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 229.170(b) is amended by adding the following:
170.2 Potentially hazardous food products shall be held in mechanical refrigeration that is
maintained at 41° degrees or less. Frozen products may be stored in ice only if approved in
advance by the regulatory authority and the duration of the event and items offered for sale is
limited, typically less than four (4) hours in duration. Potentially hazardous food products shall be
held in mechanical hot or cold holding equipment if the event is more than four (4) hours in
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 "Stereo" 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.
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170.6 Auboue are prohibited from being p/hbbu the interior lirubu of u temporary food
Section 229.170(h)im amended 6y adding the :
170.7 A temporary food service establishment shall comply with liquid wustc disposal
ordinances, solid waste disposal ordinances and fire codes.
Section 229.l70(k)(y)iwamended by adding the :
170.8A temporary food service establishment shall comply with these Texas Food Rules and any
other rcguirnnzmot that the administrator determines is necessary to protect the public beubb or
safety and imposes as x condition b> the lawful operation of the establishment.
170.9 Food-handler cards required: Food safety training is required for all temporary food
eatub1iubonuot workers. Food ocn/iuc workers may obtain u food-handler card through o u1uxm
offered through the City of Denton Consumer Health Division's normal schedule of classes oruo
approved on-line course. Depending outhe duration of the event and the extent ofthe food
service being offered, the Consumer f[uu1tb Division may noandu1c a Food Manager's
Certification for a minimum of one or maximum of all personnel during the event.
170.%0 Catering operations.
u] All catering based io the City of Denton shall comply with all state rules, \u`pu'
and local ordinances. &person shall not engage in catering operation unless the service
is affiliated with afoud service establishment operating from ufixed facility that is
permitted by the appropriate health authority.
h) The buoc of operations for u catering operation uhu|1 be yhvuicai|v separate from o
residential home and shall he a permanent, fixed location.
c) The health officer may inspect a catering operation at any time.
170.11 The health officer may request copies of the health permit issued to the caterer from the
regulatory authority having jurisdiction where the food is prepared or packaged.
a) Management and Personnel
Responsibility, assignment. The permit holder shall }e the person in charge mshall
designate a person in charge and shall ensure that a person in charge is present at the
market during hours ofoperation. Where i1ia allowed, food vendors that offer, sell, or
distribute food that iu potentially hazardous or that offer auouplru of food; ubu1} have a
person iucharge that can show proof of successful completion ofa Texas Department of
State Health Services approved Certified Food Managers Course. Food vendors that
offer, sell, or distribute only prepackaged foods, non-potentially hazardous foods or
beverages or temporary food vendors iu conjunction vvitbuuyuoia|evcutu1ouob)oua1ion
are exempt from the food manager certification course requirement. Proof nfsuccessful
completion ofu certified food manager course may he required of food vendors having
exemptions ifjudged by the regulatory authority to be capable of causing food-borne
illness or may beao increased public health risk.
Preventing contamination:
b) Food
D a. Food Display. Except for plants, nuts in the shell and wbolemw[mdo
and vegetables that are intended for hulling, peeling or washing hvthe
consumer before consumption, food ou display shall bo protected from
contamination by the use of packaging, counter, service line, oc salad bar
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food guards that comply with NSF standards, completely enclosed
display cases; or other means approve hv the Regulatory Authority.
Letters may he 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 ou the food
guard by the authority approved to affix such label orlisting.
Except for plants, nuts in the shell and whole, ruvv fruits and vcgctoh1eu
that are intended for hulling, peeling or washing by the cnuououur hmfhrc
consumption, food that io not completely packaged must halocated
under u 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 ieoffered at
Furoucr^x Market or Food Market under these rules. Foraged foods are not
considered tobe from un approved source. Food prepared iuu 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 Farmer's Markets or Food Market aa defined in this rule.
Food from a kitchen regulated by a local regulatory authority and proof of such is
presented shall ho considered from uo approved source.
3) Meat, non-poultry.
a. Meat such oo game animals, ratites or equine meats (as defined ioTFER)
may not bcsold.
h. Whole muscle meat shall be stored frozen and held under refrigeration
capable of maintaining tbm ooeui in u hard, frozen state. Meat shall be
packaged ready to offer Vrsell. Separating, cutting orotherwise
removing meat from ao intact package is prohibited.
o. Meat shall ho produced, stored, labeled iu compliance with l].S.
Department of Agriculture rules and regulations. Proof of license or
exemption shall be provided 10 the Regulatory Authority ut time of
4) a. Poultry iu defined ao allowed 6vTFEfl as amended.
b. Poultry shall be stored frozen and held under refrigeration capable of
maintaining the uueu1 in abucd, frozen state. Poultry shall he packaged in
form ready to offer orsell. Separating, cutting or otherwise removing
poultry from intact packaging iuprohibited.
c. Poultry shall bu produced, stored and labeled iu compliance with U.S.
Department of Agriculture rules and regulations. Proof of license or
exemption shall he provided to the Regulatory Authority u1 time uf
5) Seafood, ynobUbddoo. Sale ofseafood is prohibited u1uFarmer's Market
0 Sampling: Allowed only where expressly approved by the Regulatory Authority.
Where allowed, sampling shall comply with all of the following:
u.Non-PHF/TCS foods shall be offered to the consumer in individual
servings or bites and shall not be made available for self service.
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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
f. Ice shall be readily drained and water or melting ice shall not come into
contact with stored food.
g. Foods cut or constituted on site such as soups, dips, relish, condiments
and sauces shall be maintained at or below 41 degrees Fahrenheit and
process must comply with the Equipment and Utensils section of these
rules.
h. Digital thermometer accurate to +/- 2 degrees Fahrenheit shall be on site
for use by the vendor. One thermometer shall be provided for each piece
of equipment used to hold proper PHF /TCS temperatures.
7) Animals, prohibition.
a. Animals may not be offered for sale, or given away at a Farmer's
Market.
b. Other than service animals that are conspicuously and properly
identified, animals accompanying their owner, where allowed, shall be in
a carrier or on a leash and under direct physical control of the owner.
Animals may not be allowed within 10 feet of a food booth.
c) Equipment and Utensils
1) Functionality of equipment.
a. Except for a municipally owned Farmer's Market, equipment used to
keep foods under this ordinance frozen or refrigerated shall comply with
TFER and be able to maintain required temperatures for the duration of
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.
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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 sufficient to meet the peak hot water
demands throughout the operation. If approved by the regulatory authority, other
means of hand washing may be used.
2) Where manual ware-washing is required using a hard — plumbed system, a
licensed Plumbing inspector shall inspect the work prior to use. Backflow
devices may be required.
3) Trash receptacles shall be available and shall be non-porous. 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.
f) 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):
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.
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d. Proof offood origin, oupyofuzuuufauturor^mliccumu copy ofstorage
license o«description of approved source where food dcnum will be
obtained from; and copy of approved food labels.
g) Administrative Process
|\ All work must be inspected by the regulatory authority for compliance with these
nu|cm. After compliance with these rules is deemed tohomet, u Food Vendor
Permit may beapproved.
2\ Failure to follow the approved plans and specifications will result in a permit
denial, suspension orrevocation.
3) /\ notice, as required hythis 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, tothe last known address of the holder of
the permit. /\ copy of the notice shall hcon file iu the records nfthe regulatory
authority.
4) The hearings provided hv the BaBSCo shall hu conducted bv them ata time and
place designated by HaB3Co Based nnthe recorded evidence of such
the regulatory authority shall make finu fiudiugo,and shall sustain, modify o«
rescind any notice or order considered iu the hearing. /\ written report ofthe
hearing decision mbu|1 bo furnished tothe holder of the permit hy the regulatory
authority.
5\ Condemnation of adulterated products orou site destruction. Food found tohe
adulterated shall he condemned and, ifoo appeal he taken from such
determination of condemnation, such articles shall be destroyed for human food
purposes under the supervision ofauinspector.
6) All appeals from final suspension or revocation of a Food Vendor Permit shall be
made iu writing to the building obficia|or his designee. The appeal shall bcfiled
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
vvidziu thirty (30) days after the notice of the appeal. The Couuunucc Boui1b
director ubul1 have the power to reverse adcuinion of the regulatory authority
where bofinda that such a reversal will not affect the health and/or welfare ofthe
public. All decisions of the Consumer Health Director nr 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 hufioulunless
reversed hy the City Council.
Section 229.171(b)(2) imamended by adding the :
171.1 Plans
a) The owner shall submit plans and specifications for construction of work areas intended
for use |u the operation ofu food establishment, and the kocedoo' size, and type offixed
equipment and interior fiuiubey of such uruuu to the City of Denton for approval, before
work ia begun, when u food service establishment ix constructed, or:
l\ The nature ofthe operation changes;
%) The establishment iu extensively remodeled;
3) When an existing structure is converted for use as ubood service establishment;
or
4) When the menu is changed to include more, or different menu deoum.
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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 sufficient width to permit
employees to readily perform their duties without contaminating food or food contact
surfaces by clothing or personal contact. Minimum width of aisles shall be thirty-six
(36) inches.
2) Auxiliary equipment: Water heaters, washing machines, dryers, remote connected
refrigerators, 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 preparation areas, storage areas, utensil washing areas, restrooms,
and dressing rooms, floors shall be constructed of smooth, durable, easily cleanable,
non-absorbent materials of commercial grade. Flooring must be light colored,
without texture or patterns that create 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 the 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 the 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) lee 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
must hold foods at 41' degrees Fahrenheit or colder. Freezers must hold frozen foods
at a temperature of zero (0) ' degrees Fahrenheit or colder. Walk-in coolers must be
commercially built and have interiors of impervious, non-absorbent materials.
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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 meat 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 sink is too close to other equipment or sinks, a splashguard
may be required. Sinks are to be of adequate size to allow for the thorough
washing of hands and forearms. Liquid soap and paper towels are required at
the hand sink and lotion hand sanitizes 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 modified
if glassware is sanitized in a commercial dishwasher.
i. Knee pedals, electronic eye and metered faucets are not allowed
in kitchen hand sinks but are allowable in public restrooms.
ii. Blower dryers shall not be allowed as a means of drying hands in
food preparation or dish wash areas. Common towels are also
prohibited. Steam - mixing valves are prohibited.
iii. All dishwashing equipment shall be located in one area to
prevent any cross contamination from soiled to clean dish
storage or food preparation.
8) Storage rooms: Wood shelving is allowed for dry storage use only if 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 24 of 34
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6 Shelving below countertops shall bc sealed, smooth, and easily cleanable
lCA Toilet facilities: Public access shall not be through the kitchen.
lD WuUm dt ceilings:
a) In food preparation, storage, utensil washing areas, and restrommo; walks
ucUin8o' and other architectural features obu) be smooth (not textured),
easily cleanable, non-absorbent, light in uukor, and durable. Fibrous
acoustical drop -in ceiling panels are prohibited in these areas. Wall areas
behind sinks or places that receive heavy use must be finished with FRP
(fiberglass oaioboruod panels), ceramic tile, epoxy type paint or ohmiioz
onutcdule to withstand moisture. Bathroom vva|lo xbuU he finished (as those
listed above) behind plumbing fixtures to a height ofa1 least four (4) feet up
from the floor. Heavy food preparation areas behind stoves, grills, and fryers
mbuU beuf stainless steel from floor tVceiling.
h\ Surface mounted pipes xbaU not be installed tightly against the surface of the
vvuUa. There obaU he u gap of at least two (2) iocboo between the pipe and
the finished surface of the wall.
c) All holes cot into walls and ceilings for pipes and uuudubo ubuU he sealed,
and the uleuruouc between the floor surface and the bottom edge of door
shall be tight fittino.
l2> Water heater: Must |eof adequate size to provide enough hot water for all hand
washing, ware washing, and cleaning. Minimum size: fifty (50) gallons. Cnououe»cia1
tank-less water heaters may be used.
13\ At the discretion of the City of Denton, additional sinks such as pot uiuko, produce
washing sinks, etc. may berequired.
14) Kitchens in day care centers uhu|| 0000y1y with all rules of this code except that the
xiao of the kdubcu may he determined on uoaao-by-uaue huoiu as approved by the
City nfDenton.
15\ When ufbodmervioc cutuhiiohnoen1 is extensively rc000do1ud it must he closed during
any demolition especially if water or povvmc service is interrupted. If remodeling
pertains to only a portion of the establishment, the food preparation areas shall be
protected hyu solid wall that prevents any construction debris or other contaminates
from entering the kitchen nr food service areas.
Section 229.17l(Nivamended by adding the :
171.2 Permit required.
a) It shall be unlawful for any person, association ofpersons, firm or corporation to operate
ufood service establishment in the city without having obtained u permit under the terms
of this section.
h) 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 offioeaddress, and whether such
applicant is an individual, firm, or corporation, and, ifupartnership, the uumom of the
partners, together with their addresses shall be included; the location and type of the
proposed establishment; and the signature of the applicant orapplicants. lf the application
is for uteouporury or meuoouul food service cx{ub|iubnoen1' it shall also include the
inclusive dates of the proposed operation.
171.3 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.I.S.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 offices 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 final unless the applicant shall
file an appeal as provided in Section 13 -34. The decision of the administrator shall
continue in effect until the final decision of the committee.
2) Permits shall not be transferable. A person who acquires an existing food service
establishment shall not operate the establishment without obtaining a new permit
within ten (10) days from the date of the change of ownership.
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3) Upon change of ownership ofobusiness, the new owner shall he required tomeet
current food establishment standards as defined in this code and state food rules
before a permit may bc issued hv the Consumer Health Division.
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 iu public view
in the establishment.
a) A permit shall be valid for u period of twelve (iD months with the expiration
du1c 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 bv the health officer.
b) Acceptance of permit issued by the administrator constitutes ugreooucot by the
establishment to:
l) Comply with all conditions ofthe permit and all applicable provisions ofthis
chapter;
2) Allow the lawful inspection o[ its facility and operations.
3\ luapootinux of newly constructed motuh\imb0000tx prior to opening nbul| be
i when equipment is set in place;
ii at least 2*eeka prior to and
iii. At least 2duyx prior to opening.
171.5 lf inspections arnmdledforbefbrotbe establishment iu ready for them, the owner may
be charged an administrative fee.
l7|.8 Expiration and renewal ofpermits.
u) A pmroob 1apoon and is void unless the applicable yeooi1 fee is received by the City of
Denton before the expiration date of the existing permit.
h) A pucoud )upuou and is void if the food service establishment operating under the permit
constructs u new facility or changes ownership.
o) Permit renewal fhcu that are not received by the expiration date, will be uomeuucd an
additional administrative fee.
171.7 Revocation of permit.
The consumer health administrator may, after providing opportunity for u hearing, revoke
permit i[ the administrator determines that the manager ur owner ofo food service
establishment has:
a) Interfered with the health officer in the performance uf his duties; or
b) Been convicted twice within a twelve-month period for o violation ofthis chapter; or
c\ Failed to comply with u hold order oou condemnation order; or
d) Failed tocomply, within the time specified, with an order to correct or abate an inunuincot
and serious threat h) the public health or safety; or
o) Lu1eutiooa||v or kunp/iog1y impeded u lawful inspection by the beu1tb officer; or
f) Been closed two (2) or more times within u twelve-month period for conditions that
constituted uuedoou and imminent threat tu public beu1db.
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l7l.8 Prior to revocation, the health officer shall notify the holder of the permit, or the person
in charge of the food service establishment, in writing, of the reason for which the permit is
being revoked and that the permit shall be revoked at the end of five (5) days following
service of such notice unless a written request for a hearing is filed with the city by the holder
of the permit within such five-day period. lfno request for hearing is filed within the five (5)
calendar day period, a final notice of revocation shall be served. Upon receipt of the final
uodoc of revocation, the food service establishment shall immediately cease operation and the
permit shall he considered fiuullyrevoked.
l7l.8 Application after revocation.
Whenever a revocation of a permit has become final, the holder of the revoked permit may make
written application for unew permit.
171.9 Service ofnotices.
Aundoc provided for iothis article im properly served when it is delivered to the holder ofthe
permit, or the person in charge of the food service establishment, or when it is sent by registered
or certified mail, return receipt requested, tothe last known address of the holder of the permit. A
copy of the notice shall he filed iothe records of the city secretary.
l7l.|O Appeal from denial or revocation ofapermit.
If the health officer denies the issuance of a permit or a permit is finally revoked, the officer shall
send the applicant or permit holder by certified mail, return receipt requested, written notice of
the denial or revocation and of the right to an appeal. The applicant or permit holder may appeal
the decision of the health officer to the Health and Building Standards Commission — (HaBSCo)
by giving written notice tothe administrator within ten (lO) days of the receipt of the dcuiu| 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 Coououiomiou ubuU hear and consider evidence
offered by any interested person. Based upon the recorded evidence of such hearing, the Health
and Building Standards Commission mbuU sustain, modify orrescind any notice, or order,
considered in the hearing by u majority vote and provide uvvdttoo report ofthe hearing decision
to the holder of the permit.
The decision ufthe Health and Building Standards Coouonixoiou is final as to udnnioiu1zo1ive
remedies, and no rehearing may be granted. Once the decision of the Health and Building
Standards Conunuiuuioo is final under this section, the applicant or permit holder may appeal the
decision to the state district court or court ofappropriate jurisdiction.
l7l.l2 Registration of food service establishments based outside city.
A food service establishment orcommissary operating from afaoi}iry 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 ecertificate from u health authority having jurisdiction
over the eotJbUobooen1 indicating that the cstuh|iuboueut complies with applicable bcobb
|a`vo' , or
b) Furnishes the bou11b ot5uur other information that the administrator determines is
necessary to enforce the yruvioinuu of this chapter nrotherwise protect the yuh|io boa]dh
or safety.
Section 229.17]Ad(6)iwamended by adding the :
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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.
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 records.
a) The health officer shall have the authority to examine the records of a food service
establishment in order to ensure compliance with all provisions of this ordinance or of
state law.
b) The health officer shall have the authority to require written documentation of cool down
methods used and reheating times in order to verify compliance with food temperature
items on the foodservice establishment inspection form.
Section 229.171(i)(2) is amended by adding the following:
171.15 The city health officer, after proper identification, shall be permitted to enter any food
service establishment at any reasonable time for the purpose of making inspections to determine
compliance with these rules. The officer shall be permitted to examine the records of the
establishment to obtain information pertaining to food and supplies purchased, received, or used,
or to persons employed.
171.16 The following types of establishments are exempt from inspection requirements:
a) Group homes;
b) Establishments selling only commercially packaged, non-potentially hazardous foods;
c) Vending machines that sells only commercially packaged, Non-PHF; and
d) Facilities operated by nonprofit organizations for their members, families and invited
guests.
171.17 Facilities are not exempt when food service is provided in conjunction with a child care
facility, retirement center, hospital, school, indigent feeding program, or public fundraising
events.
Section 229.1710) is amended by adding the following:
171.18 Report of inspections.
Whenever an inspection of a foodservice establishment is done, the health officer shall record the
findings on the inspection report form. The inspection report form shall summarize the
requirements of these rules and shall set 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 officer
shall furnish a copy of the inspection report form to the person in charge of the establishment at
the conclusion of the inspection.
Section 229.1710)(6) is amended by adding the following:
Page 29 of 34
>7ilV .
a) Any food service establishment inspected by the City of Denton Consumer Health
Division which receives uscore of (75) or below on any inspection shall be
re-inspected.
h) This ro-ioapeuduo ubul| be performed in the same ouuoucr, using the same form, as the
previous inspection.
u) 8[ upon eubmeguoo1 re-inspection of the establishment, the beubb officer finds that
sufficient measures were not taken to bring the score above a total of seventy-five (75),
he will issue unibtioo and schedule u date for another re-ivapeotiou. The health officer
ubuU ouutiuuo to perform re-inspections until the oatuh1iubnoent has made uuffioiuo1
progress tu warrant a score above seventy-five (75). The ixuuauom ofucitation for failure
to meet the required score upon re-inspection ubuU not in any vvuy limit the ability of the
inspector to issue any other citation for any violation of this chapter.
6\ Re-inspection for failure to meet the required score shall ie performed within fourteen
(14) calendar days immediately following the original inspection, or as moon as possible
except that where uuestablishment is closed due tou score below sixty (60)
pursuant to section 13-44' the original inspector obu| determine the time of the re-
inspection.
c) Any food service establishment ovvuec or manager that rooeh/cx u score vvbiub he feels is
unacceptable, may request urn-ivapectiou. /\ re-inspection fee shall be required and obu|1
be paid before the re-inspection will be yorfhcouud. The boo|tb inspector ubu|1 perform
the requested re-inspection within two weeks of the re-inspection fee payment. Only one
re-inspection may bo requested within any six (6) month period.
l7l2O Fee for .
a) The fee for re-inspection shall be one-half the annual permit fee of the establishment
receiving the re-inspection.
h\ f\ re-inspection fee will be charged for each re-inspection uuucuuury to bring the food
eu1ub!iuboucut'u score above seventy-five (75).
u) Payment ofthe re-inspection fee yba11 not void, or in any way affect the responsibility of
the owner or permit bolder 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
he responsible for payment ofany and all feem, including re-inspection fees.
e\ Puyonaut of the re-inspection fee obuU be noudu within 5 huoiuemx days after the re-
inspection is performed.
171.21 Violations.
a) The Building Official of the City of Denton, oc any ofhis designated employees, shall
have the responsibility and power to enforce all pmviokmo of this chapter within the
corporate limits of the City of Denton, Texas.
h) Whenever the health officer determines that there has been a violation of any provision of
this chapter, vvbiob in his/her judgment can jeopardize the public boabb, or for violation
of any items, vvbicb have been noted as problems on two (2) or more consecutive
inspection reports, the health officer may issue a written citation for said person to appear
in court.
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c) It shall be unlawful for any person to knowingly give the health officer a false name
when such officer requests the name of said person for purposes of enforcing the
provisions of this chapter.
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:
1) The health officer, upon inspection of an establishment, finds sufficient violations
which cause the rating score of said establishment to be below a total of sixty (60)
points;
2) The health officer finds that an establishment is operating with no working
refrigeration units;
3) The health officer finds that an establishment is operating without running water or
hot water for a period of more than one (1) hour;
4) The health officer finds an establishment is operating without a functioning ware -
washing machine or adequate sinks for manual ware- washing; and
5) The health officer finds any food service establishment with an unreasonable
infestation of rodents or insects.
b) It shall be the duty of the health officer to post a notice of closure for such conditions at
the entrance of such building or place and to maintain the same until such conditions or
practices have been removed or abated.
c) No person shall remove or alter in any way a sign, which has been posted by the health
officer.
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 order 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. If requested, a
hearing shall be held on the basis of evidence produced at that hearing by the Health and Building
Standards Commission. The Health and Building Standards Commission may vacate the hold
order or direct the owner or person in charge of the food to denature or destroy such food or to
bring it into compliance with the provisions of this chapter.
SECTION 2. The Health Permit Fee Schedule set forth in Exhibit "A" attached hereto and made a part
hereof for all purposes, is hereby adopted and authorized to be imposed for the purposes of application
for, and issuance of, permits required for compliance with the provisions of Chapter 13 "Food and Food
Service Establishments ".
Page 31 of 34
SECTION 3. This ordinance shall repeal every prior ordinance inconflict herewith, but only insofar ua
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 undiuuooc ubuU he and is hereby made uuounlu1ivo except as to such prior
ordinances or portions thereof uu are expressly repeated hereby.
SECTION i Any person violating any provision ofthis ordinance, shall upon conviction, be fined u
munu not exceeding $2,000.00. Each day that uprovision of this ordinance is violated sbuU constitute u
separate and distinct offense.
SECTION 5. lf any provision of this ordinance or application thereof 10 any person orcircumstance is
bo1d invalid by any court, such bn|diuA abu1| not affect the validity of the ,onouioiug portions of this
ordinance, and the City Council of the City ofDenton, Texas hereby declares that it would have enacted
the remaining portions despite any such validity.
SECTION 6. Save and except ux amended hereby, all the sections, muheaodoua, and clauses of Chapter
13 Food and Service Establishments of the Code of Ordinances of the City of Denton, Texas shall remain
iu full force and effect.
SECTION 7. This ordinance uba1 he000na effective, after its puymugu and approval on,
Ma 2014, and the City Secretary is hereby directed to cause the caption of this ordinance to
be published twice iu the Denton Record-Cbrooiolc, u daily newspaper published in the City of Denton,
Texas within ten (lO) days of the date of its passage.
PASSED AND APPROVED this the day of 2014
JENNIFER WALTEBS,CITY SECRETARY
APPROVED AQIO LEGAL FORM:
AN7TA BURGESS, CITY ATTORNEY
BY
MARK A. BulUOUGHS, MAYOR
Page 32 of 34
s:\Iegal\our documents\ordinances\14\food ordinance clean version 03-18-14.doe
EXHIBIT A: Health Permit Fee Schedule:
Typ 01-1 flth Fee's
Fee Anioum
1. Two year food handler card ...
$25.00
2.
Manager Certification 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 ...
1/2 of TABC charge
7.
Wine and beer retailer's off premises ...
1/2 of TABC charge
8.
Retail dealer's on premise license beer only ...
1/2 of TABC charge
9.
Retail dealer's on premise late hours license ...
1/2 of TABC charge
10.
Mixed Beverage permit - application fee ...
$25.00
11.
Mixed Beverage permit fee
1/2 of TABC charge
12.
Mixed Beverage Late hours
1/2 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 I (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
Page 33 of 34
34. ***Administrative Fae— $35.00
Fees are non-refundable.
*Sales of whole oruncut produce shall be exempt from permits and fees
**Annlica1koo 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 nf fees for temporary events; failure to have umobile
unit inspected when due; change of name of business only; re-inspections of new or remodeled
mutob\imbounuto when contractor calls for inspection but is not ready when the inspectors begin the
inspection.