ORD 2006-01TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-01
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALING ORDINANCE NO. 2002-24, ADOPTING FOOD
ESTABLISHMENT REGULATIONS AND ADOPTING NEW
PROVISIONS FOR THE REGULATION OF FOOD
ESTABLISHMENTS; PROVIDING FOR INCORPORATION OF
PREMISES; PROVIDING FOR THE ADOPTION OF TEXAS
FOOD ESTABLISHMENT RULES; PROVIDING DEFINITIONS;
PROVIDING ENFORCEMENT PROVISIONS; ESTABLISHING
CRITERIA FOR PERMITS AND EXCEPTIONS; PRESCRIBING
PERMIT REQUIREMENTS; PROVIDING FOR THE
SUSPENSION OF PERMITS; PROVIDING CRITERIA FOR THE
REVOCATION OF PERMITS; ESTABLISHING PROVISIONS
FOR THE INSPECTION OF FOOD ESTABLISHMENTS;
PRESCRIBING CRITERIA FOR THE EXAMINATION AND
CONDEMNATION OF FOOD; ESTABLISHING REQUIREMENTS
FOR THE SUBMISSION AND REVIEW OF PLANS; PROVIDING
REQUIREMENTS FOR A FOOD PROTECTION MANAGER;
PRESCRIBING CRITERIA FOR SNOW CONE
ESTABLISHMENTS; PROVIDING PROVISIONS FOR MOBILE
UNITS; PROVIDING A CUMULATIVE REPEALER; PROVIDING
A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH
DAY DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING
FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, hereinafter referred to as "Town", is a
Home Rule Municipality acting under its Charter adopted by the electorate pursuant to
Article X1, Section 5 of the Texas Constitution; and
WHEREAS, on June 3, 2002, the Town Council adopted Ordinance No. 2002-
24, establishing the regulation of food establishments for the Town of Trophy Club,
Texas: and
WHEREAS, the Texas Board of Health has supervision and control over all
matters relating to the health of the citizens of Texas; and
WHEREAS, the Texas Board of Health has adopted rules to safeguard public
health through the regulation of Food Establishments; and
WHEREAS, Town staff has recommended an update to Ordinance No. 2002-24;
and
WHEREAS, the Town Council of the Town of Trophy Club, Texas, hereby
determines that it is in the best interest of the Town to repeal Ordinance No. 2002-24 in
its entirety and adopt a new ordinance to enforce regulations affecting food
establishments within its corporate limits.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
ADOPTION OF TEXAS FOOD ESTABLISHMENT RULES
The Town of Trophy Club, Texas ("Town"), adopts (by reference the provisions
of the current Rules or Rules as amended by) the Texas Department of Health, Bureau of
Food and Drug Safety, Retail Foods Division, "Texas Food Establishment Rules", 25
Texas Administrative Code §§229.161 — 229.171, and 229.173 — 229.175, as amended."
A certified copy of the Rules shall be filed and maintained in the office of the Town
Secretary, and the same are hereby adopted and incorporated herein as if the same were
copied in their entirety and the provisions thereof shall be controlling within the Town.
SECTION 3.
DEFINITIONS
That the following words and terms, when used in this Ordinance, shall have the
following meanings unless the context clearly indicates otherwise:
Commissary: A catering establishment, restaurant or any other place in which food, food
containers, or food supplies are ]sept, handled, prepared, packaged or stored. Commissary
shall not mean a residential kitchen, but constitutes a commercial food service operation
that is operated and maintained pursuant to state rules and regulations.
Critical Violations: Critical items as defined on the Food Service Establishment
Inspection Report distributed by the Texas Department of Health with a demerit weight
of four (4) or five (5) and requiring immediate attention.
Director of Community Development or Director: The Director of Community
Development of the Town of Trophy Club or the Director's designated official.
Extensive Remodeling: When 20% or greater area of a Food Establishment is being
remodeled, which necessities a permit being obtained prior to performing any
remodeling.
Follow-up Inspection: Any inspection, other than a routine inspection or full follow-up
re -inspection, conducted of a permitted food establishment, after notice has been given to
the establishment to correct a violation, to document that the violation has been corrected.
Food: Raw, cooked or processed edible substance, ice, beverage or ingredient used or
intended for use or for sale in whole or in part for human consumption.
Foodborne illness: Diseases, usually either infectious or toxic in nature, caused by
agents that enter the body through the ingestion of food.
Food Establishment: A restaurant, cafe, hotel dining room, grocery store, meat market,
soft drink stand, hamburger stand, ice cream wagon, day care center, or any place where
food or drink for human consumption is offered for sale, given in exchange or given
away. It includes temporary food establishments and mobile units. The term does not
include the following operations and establishments, provided that the operations do not
expose the public to a substantial and imminent health hazard as determined by the Town
Health Officer:
a. an organization that serves only its own membership and immediate guests or
other structured groups of persons who gather occasionally for fellowship and
society that provide the food from amongst their membership;
b. an establishment which handles only fresh unprocessed fruits, nuts and
vegetables and which operates from a unit that is mobile in nature; and
c. the sale, distribution or service of food at an event, party or other special
gathering that is not open to persons other than the members or invited guests
of the sponsor, provided that there is no public advertisement of the event,
public solicitation of funds at or for the event, or participation by the general
public in the event.
Food Establishment Permit or Permit: The permit issued to a food establishment to
operate within the Town.
Food Protection Manager: A person who has shown proficiency of required
information through passing a test that is part of a food protection management program
accredited by the Texas Department of Health, according to 25 TAC Section 229.172,
and has responded correctly to questions as they relate to specific food operations.
Full Follow-up Re -inspection: A complete inspection of a permitted food establishment
which is required to be conducted within seventy-two (72) hours of a full routine
inspection which resulted in a rating where the cumulative demerit value of the
establishment exceeded 30 demerits, to ensure that all noted violations have been
corrected.
Law: Federal, state and local statutes, ordinances and regulations.
Mobile Unit: A vehicle -mounted food establishment or a food establishment pulled
behind a vehicle so as to be readily moveable.
Nonprofit Organization: A civic or fraternal organization, charity, lodge, association,
proprietorship, or corporation possessing on Internal Revenue Code §501(c)3 exemption;
or religious organizations meeting the definition of "church" under the Internal Revenue
Code §170b.1.a.(I).
Packaged: Bottled, canned, cartoned or securely wrapped.
Person: Any individual, partnership, corporation, association or other legal entity.
Person in charge: The person present in a food establishment who is the apparent
supervisor of the food establishment at the time of inspection. If no person is the apparent
supervisor, then any employee present is the person in charge.
Potentially Hazardous Food: Food that is natural or synthetic and that requires
temperature control because it is in a form capable of supporting the rapid and
progressive growth of infectious or toxigenic microorganisms; the growth and toxin
production of clostridium botulinum; or in raw shell eggs, the growth of salmonella
enteritidis.
Regulatory Authority: The State of Texas and/or the Town of Trophy Club, Texas.
Routine Inspection: An unannounced inspection conducted of a permitted Food
Establishment to determine the compliance of the establishment with the provisions of
this Ordinance.
Rules: The Texas Department of Health, Bureau of Food and Drug Safety, Retail Foods
Division, "Texas Food Establishment Rules", 25 Texas Administrative Code §§229.161 —
229.171, and 229.173 — 229.175, as amended."
Snow Cone: Snow cone and/or a snow cone -type product defined as crushed or shaved
ice served in a single use container and topped with flavored syrups.
Supervisory Personnel: The certificate holder, individual having supervisory or
management duties and any other person working in a food establishment who may be in
charge of its operation.
Temporary Food Establishment: A food establishment that operates at a fixed location
for a period of time of not more than fourteen (14) consecutive days in conjunction with a
single event or celebration.
Town Health Officer: The person(s) employed by or with whom the Town has a
contract to provide inspection and other services necessary for the administration and
enforcement of the Rules and Ordinances regulating food establishments and the service
and sale of food within the Town of Trophy Club.
SECTION 4.
ENFORCEMENT OF THESE PROVISIONS
The Director of Community Development is responsible for the enforcement of
the rules and the provisions of this Ordinance.
SECTION 5.
PERMITS AND EXCEPTIONS
A. No Person shall operate a Food Service Establishment who does not have a valid
permit, issued to him by the Regulatory Authority. Only a person who complies
with the requirements of these rules shall be entitled to receive or retain a permit. A
valid permit shall be posted and visible to the public in every Food Service
Establishment. Permits are not transferable from one person to another or from one
location to another except as otherwise permitted by this Ordinance.
B. A Food Establishment operated solely by a nonprofit or public organization is
exempt from the permitting requirements of this Ordinance, but is not exempt from
compliance with state rules or inspections. The Town may require any information
necessary to determine whether an organization is nonprofit or public for purpose of
this exemption.
SECTION 6.
PERMIT REQUIREMENTS
A. Permit requirements to operate a Food Establishment
1. A Person commits an offense if the Person sells, offers to sell, gives away,
trades or otherwise conveys food to the public or operates a Food Establishment
within the Town of Trophy Club, Texas, without having first obtained a Food
Establishment Permit issued by the Regulatory Authority.
2. A Person commits an offense if the Person operates a Food Establishment in
violation of the Rules or of this Ordinance.
B. Issuance of Permits
A Person desiring to operate a Food Establishment shall make written
application for a permit on forms provided by the Town. The application shall
include:
a. The applicant's full name and street address and whether such applicant is
an individual, firm, corporation or partnership. If the applicant is a
partnership, the names of the partners, together with their addresses shall
be included;
b. The location and type of proposed Food Establishment;
c. The signature of the applicant or applicants, or agents;
d. Copy of the valid driver's license or other state identification card of the
applicant or the applicant's agent;
e. Copy of valid Food Protection Manager's certificate; and
f. Such other information as the Director deems necessary.
2. An application for a Permit for a Mobile Unit, or Temporary Food
Establishment which operates from a fixed Food facility, or "Commissary,"
located outside the Town, shall include with the completed application a copy
of the facility's current, valid state and/or local health Permit.
3. Prior to approval of an application for an existing, proposed or extensively
remodeled Food Establishment, the Director of Community Development shall
review all available documentation for such establishment to insure that such
facility complies with the Rules and regulations of this Ordinance. An
application for a Permit shall be denied if any part of the application is
improperly or erroneously completed, or if any part of the required
documentation is not properly submitted. A Person whose application is denied
may appeal the denial in accordance with the provisions of Section 8 of this
Ordinance.
4. If a single building or establishment contains multiple, separate, distinct Food
operations, regardless of whether one or all of the operations are owned or
operated by one or more individuals or entities, a separate Food Establishment
Permit and payment of a separate Permit fee shall be required for each
operation.
C. Permit Fee and Duration
I . Except as set forth in subsection 3 of this Section, each Food Establishment
operating within the corporate limits of the Town shall pay the Permit fee to the
Town as provided in the Town's Schedule of Fees at the time of application.
2. A Permit shall remain in force for one year from the date of issuance unless
suspended or revolved for cause as provided herein.
3. No Permit fee shall be charged to any Food Establishment owned and operated
by a governmental agency, independent school district, institution of purely
public charity, church and/or other non-profit organization; however, such
establishments shall be required to obtain a Permit and comply with all other
requirements of these Rules and codes. Documentation of tax-exempt status of
a non-profit organization under Federal or State Law must be provided to the
Town at the time of application in order to be exempt from payment of the
Permit fee.
4. As a condition of the Permit, the Food Establishment shall be responsible for
payment of the inspection fees assessed in accordance with this Ordinance and
for any examination fees required. A Permit shall not be renewed unless the
Permit holder has paid all fees previously assessed.
SECTION 7.
SUSPENSION OF PERMIT
A. Order of Suspension
The Director shall notify the Permit holder, operator, or Person in Charge of the
Food Establishment at the time of inspection, in writing, that the Permit is, upon
service of the notice, immediately suspended and that an opportunity for a hearing
will be provided if the Permit holder submits a written request for a hearing within
five (5) days. The hearing shall be held in accordance with Section 8 of this
Ordinance. Notwithstanding the other provisions of this Ordinance, whenever the
Town finds unsanitary or other conditions in the operation of a Food Establishment
which constitute a substantial hazard to the public health, a written notice may be
issued to the Permit holder, operator, or Person in Charge citing such condition,
specifying the corrective action to be taken, and specifying the time period within
which such action shall be taken. If necessary, the order may state that the Permit is
immediately suspended and all Food operations are to be immediately discontinued.
If a Permit holder, operator, or Person in Charge has failed to correct a violation of
this Ordinance after receiving two (2) written notices for the same violation, whether
noted during a Routine Inspection or re -inspection, the Director may suspend the
Food Establishment Permit. Suspension may be appealed in accordance with
Section 8 of this Ordinance.
B. Sign
If a Permit is suspended, a sign stating "Closed by Order of the Town of Trophy
Club Community Development Department" shall be placed on the entrance to the
Food Establishment in plain view of the public. A Person commits an offense if the
Person removes, covers, alters, defaces, or otherwise makes or causes such sign to
be unreadable.
C. Reinstatement of Suspended Permit
A Person whose Food Establishment Permit has been suspended may, at any time,
make written application for a re -inspection for the purpose of reinstating the Permit.
The application shall include, a statement signed by the applicant, stating the
conditions causing suspension of the Permit have been corrected, and explaining
how they have been corrected. The Director shall make a re -inspection. If upon re-
inspection, the establishment is found to be in compliance with the requirements of
this Ordinance, the Director shall reinstate the Permit upon payment of reinstatement
fee as per the Town's Schedule of Fees.
SECTION 8.
REVOCATION OF PERNUT
A. Basis
The Director may revolve a Food Establishment Permit if the Permit holder has
received two (2) written notices for the same Critical Violation(s) or for repeated
violations of any of the requirements of this Ordinance, or for interference with the
Town Health Officer in the performance of his or her duties. Prior to such action, the
Town shall notify the Permit holder in writing, stating the reasons for which the
Permit is subject to revocation, and advising that the Permit shall be permanently
revolved at the end of five (5) days following service of such notice, unless the
Permit holder files a written request for an appeal with the Director, within such five
(5) day period, which shall state the reasons the revocation is not authorized. A
Permit may be suspended pending its revocation or a hearing relative thereto.
B. Appeal
If requested, an appeal hearing shall be conducted by the Trophy Club Municipal
Court. Such hearing shall be an administrative hearing and shall be conducted within
seven (7) business days of the date that the appeal is filed with the Town. The
Municipal Court Judge shall make a finding and shall sustain, modify or rescind any
official notice or order considered in the hearing. The Court shall provide a written
decision to the Permit holder at the address furnished by the Permit holder within
seven (7) business days after the date of the hearing.
SECTION 9.
INSPECTION OF FOOD ESTABLISHMENTS
A. Inspection Frequency
An inspection of a Food Establishment shall be performed at least once every six (6)
months. Additional inspections of the Food Establishment shall be performed as
often as necessary for the enforcement of the Rules, this Ordinance and other
applicable law.
B. Fee
An inspection fee shall be charged in accordance with the Town's Schedule of Fees,
as adopted by the Town Council, as amended from time -to -time.
C. Right of Entry
As a condition of the Food Establishment Permit, an employee or agent of the Town,
after presenting proper identification, shall be Permitted to enter any Permitted Food
Establishment at any reasonable time, for the purpose of malting inspections to
determine compliance with provisions of this Ordinance. The agent 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.
D. Findings
Whenever an inspection of a Food Establishment or Commissary is made, the Town
Health Officer shall record the findings on an inspection report form. The inspection
report form shall summarize the requirements of the Rules and of this Ordinance and
shall set forth a weighted point value for each requirement. Inspectional 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). A
full follow-up inspection shall be conducted if the inspection of the establishment
results in at least thirty (30) demerits.
E. Report
A copy of the inspection report form shall be furnished to the Person in Charge of
the Food Establishment at the conclusion of the inspection. The completed
inspection report form is public information that shall be made available for public
disclosure to any Person who requests it in accordance with applicable Law.
F. Re -inspection Fee
1. Follow -Up Inspection
If a Follow -Up Inspection of a Food Establishment is required by the Town to
verify correction of a violation, a re -inspection fee as specified in the Town's
Schedule of Fees, as amended, shall be paid to the Town. This fee shall be
submitted to the Town within seventy-two (72) hours of the re -inspection.
2. Multiple Violations
If a Routine Inspection of a Food Establishment reveals serious, multiple
violations in food safety or overall level of sanitation as identified in the
inspection report, a Full Follow Up Re -Inspection will be conducted of the
establishment to verify correction of the existing condition. In this instance, a
fee of 50% of the Food Establishment's annual Permit fee shall be submitted to
the Town along with a signed letter, stating that each identified violation is
corrected, and the method of correction, prior to the scheduled date of re-
inspection.
G. Failure to Pay
Failure to pay the required re -inspection fee(s) or to timely remedy all violations
shall result in the immediate suspension of the establishment's Permit, and the
establishment shall be ordered to cease operation immediately. The Food
Establishment shall remain closed until the violation(s) are corrected, all required
fees are paid, and a re -inspection is conducted to verify that the violations are
corrected.
H. Correction of Violations
1. Correction Periods
The inspection report form shall specify a reasonable period of time for the
correction of the violations found, and correction of the violations shall be
accomplished within the period specified in accordance with the following
provisions:
a. If an imminent health hazard exists such as complete lack of refrigeration
or sewage backup into the Food Establishment, the establishment shall
immediately cease food service operations. Operations shall not be
resumed until all violations are corrected and operations are authorized by
the Town.
b. All violations of four (4) or five (5) point weighted items shall be corrected
as soon as possible, but in any event, within ten (10) days following
inspection, the holder of the permit, license, or certificate shall submit a
written report to the Regulatory Authority stating that four (4) or five (5)
point violations have been corrected. A Follow -Up Inspection shall be
conducted to confirm correction.
c. All one (1) or two (2) point weighted items shall be corrected as soon as
possible, but in any event, by the time of the next Routine Inspection, but
not later than ninety (90) calendar days after the initial inspection.
d. When the rating score of the establishment is less than sixty (60), the
establishment shall initiate corrective action on all identified violations
within forty-eight (48) hours. One or more re -inspections will be
conducted at reasonable time intervals to assure correction.
2. Contents
The inspection report shall state that failure to comply with any time limits
specified for corrections may result in suspension or the cessation of Food
service operations. An opportunity for appeal from the inspection findings and
time limitations will be provided if a written request for a hearing is filed with
the Director within ten (10) days following suspension. If a request for a
hearing is received, the Director shall hold a hearing within twenty (20) days of
receipt of the request.
3. Closure
Whenever a Food Establishment is required under the provisions of this section
to cease operations, it shall not resume operations until such time as a re-
inspection determines that conditions responsible for the requirement to cease
operations no longer exists. Opportunity for re -inspection shall be offered
within a reasonable time given the applicable deadlines for correcting
violations.
SECTION 10.
EXAMINATION AND CONDEMNATION OF FOOD
A. Hold Order
The Director may examine or sample Food as often as necessary for enforcement of
the Rules, this Ordinance and any other applicable law. The Director may, upon
written notice to the owner or Person in Charge specifying with particularity the
reasons therefore, place a hold order on any Food, which it believes is in violation of
any provision of the Rules, this Ordinance and any other- applicable law. The
Director or other Regulatory Authority 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 Director 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.
B. Hearing
The hold order shall state that a request for hearing may be filed within ten (10) days
and that if no hearing is requested the food shall be destroyed. The Municipal Court
Judge shall hold an administrative hearing if so requested, and on the basis of
evidence produced at that hearing, the hold order may be vacated, or the owner of
person in charge of the Food may be directed by written order to denature or destroy
such Food or to bring it into compliance with the provisions of this Ordinance.
C. Procedure When Infection is Suspected
When the Director has reasonable cause to suspect the possibility of disease
transmission from any Food Establishment employee, he may secure morbidity
history of the suspected employee or make any other investigation as may be
indicated and shall take appropriate action. In this instance, the Director may require
any or all of the following measures:
1. The immediate exclusion of the employee from all Food Establishments;
2. The immediate closing of the Food Establishment concerned until, in the
opinion of the Director, no further danger of disease outbreak exists;
3. Restriction of the employee's services to some area of the establishment where
there would be no danger of transmitting the disease; and/or
4. Adequate medical and laboratory examination of the employee, of other
employees and of his/her and their body discharges, at the Food
Establishment's expense. (Code 1974, 8-90)
SECTION 11.
SUBMISSION AND REVIEW OF PLANS REQUIRED
A. Requirements
A Person commits an offense if the Person:
1. Constructs a Food Establishment without submitting plans and specifications
for such construction, remodeling, or conversion to the Director for review and
approval before construction begins;
2. Extensively Remodels a Food Establishment without submitting plans and
specifications for such remodeling to the Director for review and approval
before remodeling; or
3. Converts an existing structure to a Food Establishment without submitting
properly prepared plans and specifications for the conversion to the Director for
review and approval before conversion begins.
B. Plans
The plans and specifications shall indicate the proposed layout of the facility,
arrangement of all intended equipment, mechanical plans, types of construction
materials and finish schedules for all areas, and the type and model of all proposed
equipment to be installed. The Director shall review and approve the plans and
specifications to determine if they meet the requirements of this Ordinance.
C. Compliance with Code
No Food Establishment shall be constructed, Extensively Remodeled or converted
except in accordance with plans and specifications approved by the Director. Food
facility owners/operators as well as all general contractors and sub -contractors, shall
ensure during plan review, construction, and operation that their facilities comply
with all applicable Town Plumbing, Mechanical, Electrical, Building, Zoning, and
Fire Prevention and Protection Codes.
D. Permit
A building Permit to begin construction shall not be issued until the Town has
reviewed and approved the plans and specifications for the proposed construction.
E. Approved Materials
Only commercial -quality equipment, utensils, and materials that meet or exceed
current accepted National Sanitation Foundation (NSF) standards, or their
equivalent, will be approved for installation and use.
F. Inspections
The Director shall conduct one or more inspections of the Food Establishment prior
to the start of operations to determine compliance with the approved plans and
specifications, the requirements of this Section, this Ordinance and any other
applicable law.
G. Closure
If upon inspection at any time, the Food Establishment facility is found to not be
constructed in accordance with approved plans, and/or any fixed equipment has been
added or removed without prior approval by the Town, the Director shall order the
establishment to cease operation immediately, and to replace or remove the
equipment in question, before resuming operation.
H. Fee
A fee for plan review shall be assessed in accordance with the fee schedule set forth
in the Town's Schedule of Fees.
SECTION 12.
FOOD PROTECTION MANAGER REQUIRED
A. Requirement
A Person commits an offense if the Person owns, manages or operates a Food
Establishment and fails to employ at least one "Person in charge" who is on-site
during all hours of operation of that Food Establishment who is responsible for Food
preparation, presentation, sales, and service and who has a valid Food Protection
Manager registration issued by the State of Texas.
B. Additional Managers
1. The Town may require additional certified Food Protection Managers in
sufficient number to insure that all areas of Food preparation, presentation,
sales and service, during times of operation are under the direction of certified
Supervisory Personnel.
2. A Person commits an offense if the Person owns, manages or operates a Food
Establishment and permits said establishment to be operated with less than the
required number of certified Food Protection Managers.
C Replacement Required
1. A Person commits an offense if the Person owns, manages or operates a Food
Establishment and fails to:
a. Provide the Town written notice, within seven (7) days of the effective date of
termination or permanent transfer of the certified Food Protection Manager;
b. Employ another registered Food Protection Manager within thirty (30) days of
the effective date of termination or permanent transfer of the previous certified
Food Protection Manager.
D. Additional Training
The Director may require a registered Food Protection Manager to successfully
complete additional training when:
1. The employing Food Establishment has repeated or persistent violations of
health code requirements and effective corrective action has not been instituted
over a period of time as instructed by the Director; or,
2. The employing Food Establishment has been implicated by the Regulatory
Authority as the source of a Food -borne illness.
E. Evidence of Certification
1. During those times a Food Protection Manager is on duty at a Food
Establishment, the Food Protection Manager must possess evidence of current
valid certification.
2. The Food Protection Manager's certificate shall be prominently posted in the
Permitted establishment.
3. A Food Protection Manager certificate is not transferable.
F. Responsibilities of Food Protection Managers
A Food Protection Manager shall be responsible for adequate instruction of the
employees of the Food Establishment for which the Food Protection Manager works
to ensure and maintain safe Food handling practices within the establishment.
G. Exemption From Requirements
1. The Director may waive the requirements of this Section for:
a. Food Establishments that serve, sell, or distribute only prepackaged Foods,
and/or open Foods that are not potentially hazardous; and/or
b. Temporary Food Establishments, special facilities and/or events.
2. The Director may require the manager of a Food Establishment exempted under
Subsection (1) to comply with the Food Protection Manager's certification
requirements if critical Food safety violations are observed, or, in the judgment
of the Director, the nature of the operation requires such certification.
SECTION 13.
SNOW CONE ESTABLISHMENTS
A. Permit Requirements for Snow Cone Establishments
A Person commits an offense if the Person:
1. Operates a Snow Cone establishment out of a temporary building without a
Food Establishment Permit issued by the Town; or
2. Operates a Snow Cone establishment in violation of the requirements of Section
6 of this Ordinance.
B. Direction
Unless suspended or revolved under the provisions of this Ordinance, a Permit for a
Snow Cone establishment shall be valid for a period of six (6) months from the date
of issuance. No Permit shall be valid longer than six (6) months from the date of
issuance.
C. Revocation and Appeal
A Permit is subject to revocation in accordance with the procedures set forth in
Section 8of this Ordinance, for violations of the provisions of this Ordinance. A
revolted Permit is subject to appeal in accordance with the provisions of Section 8 or
other applicable provisions of this Ordinance, the Rules, or other local, state or
federal law.
D. Fee
An applicant shall pay a Permit fee at the time of application in accordance with
Section 6 of this Ordinance.
E. Special Requirements For Snow Cone Establishments
A Person who operates a Snow Cone establishment shall:
a. Prepare or offer for sale only Snow Cones, Snow Cone -related Foods, and
commercially prepackaged non -Potentially Hazardous Foods, and all products
must come from an approved source, as defined by state law;
b. Not serve or utilize Potentially Hazardous Foods, toppings, or flavorings, as
defined by the Texas Food Establishment Rules; and
c. Use only ice obtained in chipped, crushed, cubed, or blocked form and in
single -service packaging, filled and sealed at the point of manufacture. The ice
shall be held in these bags until dispensed in a way that protects it from
contamination.
F. Required Equipment
A Snow Cone establishment shall contain:
A single -unit -type, stainless steel, three (3) compartment sink with attached
drain boards. The sink compartments shall be large enough to accommodate
the largest piece of equipment or utensil that must be used and cleaned in the
facility;
A separate, dedicated hand -washing sink with hand -cleansing soap and
sanitary, single -use towels. The sink shall be provided with hot and cold water,
immediately available on demand; and
Service and delivery openings designed and functioned properly to prevent the
entrance of flying insects. Service openings shall be closed, or screened, except
during actual service of Food to a consumer.
G. Water Supply
The water supply for a Snow Cone establishment shall comply with the following
requirements:
1. All equipment used for a potable water supply system shall be listed for such
use by an organization acceptable to the Town and shall be installed and
operated according to Law.
2. All potable water not provided directly by pipe to the establishment from an
approved source shall be transported in bulk water transport system or
individual containers and shall be delivered by direct connection to a self-
contained water system, or be delivered to a self-contained water system by
direct hose attachment from an approved water source.
3. All potable water containers or hoses shall be used only for water supply
purposes.
4. A self-contained water system of sufficient capacity to furnish an adequate
quantity of potable water for cleaning and hand -washing purposes shall be
provided (minimum 15 gallons). If at any time the Town determines that fifteen
(15) gallons is not adequate to meet the needs of the operation, the capacity
must be increased to a volume approved by the Town.
5. A water heater system capable of producing water of one hundred ten degrees
Fahrenheit (110° F), or hotter, which is installed and interconnected with the
potable water supply, shall be provided.
6. The water system shall be capable of delivering a water supply under pressure
of at least fifteen (15) pounds per square inch (psi) at all times. If such water
pressure cannot be provided by gravity flow, then a tank and a pump or other
means, which will provide pressure of at least fifteen (15) pounds per square
inch (psi) shall be installed.
H. Liquid Waste
1. If a Snow Cone establishment is not connected to the public sewage system, all
liquid waste from the operation shall be held in an approved, permanently
installed liquid waste retention tank, or portable removable waste retention
tank.
2. The liquid waste tank shall have a capacity at least fifty percent (50%) greater
than the potable water tank.
3. All waste lines shall be properly installed and connected to the liquid waste
tank with watertight seals.
4. All liquid waste from the holding tank shall be transported and disposed of in
an approved manner. There shall be an approved liquid waste disposal facility
conveniently located and accessible for use by the establishment employees at
all times. If the facility is not located within the establishment, it must be
located within a three hundred foot (300') radius of the Snow Cone
establishment to be considered convenient.
I. Employee Restrooms
1. A Snow Cone establishment shall have adequate, conveniently located and
accessible toilet and lavatory facilities available at all times, and these facilities
must be constructed and maintained to meet the standards set forth for public
restroom facilities.
2. If toilet facilities meeting the requirements of subsection 1 are not located
within the establishment, they must be located within a three hundred foot
(300') radius of the establishment to be considered convenient.
J. Use of Facilities Not Located Within Snow Cone Establishment
1. If liquid waste disposal facilities and toilet and lavatory facilities are located
off-site, a notarized letter from the owner of property within five -hundred feet
(500') of the site of the Snow Cone establishment must be submitted with the
Permit application giving permission for the Snow Cone establishment's
employees to use such facilities, and that the facilities will be properly
maintained and available for use at all times during the business hours of the
establishment.
2. If suitable restroom facilities are no longer available for use by the Snow Cone
establishment's employees, the establishment shall cease operation immediately
and remain closed until the Town receives evidence of a notarized agreement
with the authorized representative of another off-site facility.
K. Garbage
If outside seating is provided, an easily cleanable, covered trash container shall be
provided on the outside of the establishment.
SECTION 14.
MOBILE UNITS
A. Permit Requirements For Mobile Units
1. All Mobile Units originating from or serving Food within the Town must have
a Food Establishment Permit, which must be kept in the vehicle at all times.
The Permit must bear the name of the registered owner of the truck and truck
license plate number.
2. The Permit is subject to revocation pursuant to Section 8. If a Permit is
revoked, the Permit holder has the right to appeal in accordance with the
provisions of Section 8 and other applicable provisions of this Ordinance.
B. Mobile Unit Requirements
The Permit holder for a Mobile Unit shall:
1. Protect Food from contamination and keep the truck clean and free of rust and
corrosion;
2. Identify the trucks using the same name that is on the Permit;
3. Serve all condiments and spices, such as salt, pepper, sugar, catsup, mustard,
mayonnaise, sauces, non-dairy creamer, etc. in single -serving containers. No
bulk dispensers, bottles or cans shall be permitted;
4. Use all single -service tableware individually wrapped in plastic;
5. Dispose of sewage, wastewater and solid waste according to Law;
6. Ensure that the wastewater tank outlet is lower than the inlet to the potable
water supply; and
7. Provide the Director a route plan upon request.
C. Penalty
A Person commits an offense if the Person violates the provisions of this Ordinance,
or interferes with the Director in the exercise of his or her duties under this section.
Notwithstanding any provisions contained herein to the contrary, the Director is
hereby granted the authority to issue immediate citations to Persons violating any
provision of this Ordinance in the Director's presence.
D. Responsible Person
If the owner, manager, Person in charge at the time of inspection, or other
responsible party of a Permitted Food Establishment is found to have violated any
provisions of this section, a citation may be issued.
SECTION 15.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances and shall not repeal
any of the provisions of such Ordinances except for those instances where there are direct
conflicts with the provisions of this Ordinance provided however, that Ordinance No.
2002-24 is hereby repealed in its entirety. Ordinances or parts thereof in force at the time
this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby
repealed to the extent that they are inconsistent with this Ordinance. Provided however,
that any complaint, action, claim or lawsuit which has been initiated or has arisen under
or pursuant to Ordinance No. 2002-24 or any other such Ordinance on the date of
adoption of this Ordinance shall continue to be governed by the provisions of that
Ordinance and for that purpose the Ordinance shall remain in full force and effect.
SECTION 16.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved
as to any and all violations of the provisions of any other Ordinances of the Town
affecting the provisions to safeguard Persons in the town by regulating Food
Establishments within the Town of Trophy Club, which have secured at the time of the
effective date of this Ordinance; and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or not, under such Ordinances
same shall not be affected by this Ordinance but may be prosecuted until final disposition
by the courts.
offense, and a separate offense shall be deemed committed upon each day during or on
which a violation occurs or continues.
If the governing body of the Town of Trophy Club determines that a violation of
this Ordinance creates a threat to the public safety, the Town may bring suit in the
District Court to enjoin such violation as allowed by law.
SECTION 19.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of
the Texas Local Government Code.
SECTION 20.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in the
minutes of the Town Council and by filing this Ordinance in the ordinance records of the
Town.
SECTION 21.
EFFECTIVE DATE
That this Ordinance shall be in full force and effect from and after its date of
passage and publication, in accordance with Law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this 9th day of January, 2006.
Effective Date: January 14, 2006
ATTEST:
y�
Mayor
Town of Trophy Club, Texas
T
Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas