HomeMy WebLinkAboutOrdinance No. 2015-2116 CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2015- q 1 1 (Q
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
REPEALING IN ITS ENTIRETY CHAPTER 6, ARTICLE VI, SECTIONS
6-131 TO 6-170, ENTITLED "FOOD AND FOOD ESTABLISHMENTS,"
AND REPLACING IT WITH A NEW CHAPTER 6, ARTICLE VI,
SECTIONS 6-131 TO 6-170, ENTITLED "FOOD AND FOOD
ESTABLISHMENTS," BY ESTABLISHING RULES AND
REGULATIONS REGARDING FOOD SERVICE ESTABLISHMENTS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council has discussed and considered such revisions and has
determined that it is in the best interest of the City to repeal the current Chapter 6, Article VI,
Sections 6-131 to 6-170, entitled "Food and Food Establishments," and replace it with a new
Chapter 6, Article VI, Sections 6-131 to 6-170, entitled "Food and Food Establishments," to
regulate food service establishments within the City of The Colony, Texas, in accordance with
State law.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1. That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2. That the Code of Ordinances of the City of The Colony, Texas be, and the
same is, hereby amended by repealing Chapter 6, Article VI, Sections 6-131 to 6-170, entitled
"Food and Food Establishments," in its entirety, and replacing it with a new Chapter 6, Article
VI, Sections 6-131 to 6-170, entitled "Food and Food Establishments," which shall read as
follows:
"ARTICLE VI. FOOD AND FOOD ESTABLISHMENTS
Sec. 6-131. - Texas Food Establishment Rules adopted.
(a) The intent and purpose of this article is to provide for the inspecting of food service
establishments in the city; to require the display of an inspection score card in such food
service establishments; to require employed food service employees to maintain a valid
food handler card; and to provide for the issuing, suspending or revoking of food
establishment permits for the handling of food in such establishments. The enforcement
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of this article and the fixing of penalties shall be regulated in accordance with this chapter
and the terms of the unabridged form of the Texas Food Establishment Rules.
(b) The provisions of the current rules or rules as amended by the Texas Department of State
Health Services known as the Texas Food Establishment Rules found in 25 Texas
Administrative Code, chapter 229, sections 161 through 171 and 173 through 175 are
herein adopted together with the additions, deletions, and amendments hereinafter
contained, as part of article VI, Food and Food Establishments, of "Building,
Construction, Health and Sanitation" chapter of the Code of Ordinances for the city.
(c) In the event of a conflict between any provision of the Texas Food Establishment Rules
and any provision of this article, this article shall prevail.
(d) The adopting by reference of the Texas Food Establishment Rules, as provided in
subsection (b) above, is made subject to and is modified and amended as follows:
(1) The words "regulatory authority" in said rules shall mean the City of The Colony;
and
(2) The sentence: "A sign shall be prominently displayed in view of each restroom
lavatory used by food service employees that states: "Employees must thoroughly
wash hands before returning to work after using the restroom" shall be added to
229.163(C) as item (13).
(3) After February 6, 2006, the sentence in 229.163(b) shall be amended to "The
person in charge shall demonstrate this knowledge by compliance with these
rules,by being a Registered Food Service Manager 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 Texas Administrative Code Section 229.172, and by responding correctly to
the inspector's questions as they relate to the specific food operation."
(4) The permit holder of every food establishment shall ensure that during all hours
of operation, at least one (1) person, who is responsible for supervising food
preparation and service, has a valid food protection management training
certificate issued by the Texas Department of Health as proof of successful
completion of a Texas Department of Health accredited food protection
management training program as defined in 25 Texas Administrative Code
229.172; and has registered said certificate with the city.
(5) The permit holder shall make all registered food service manager certificates
available for immediate inspection upon request by the regulatory authority.
(6) The permit holder of a new food establishment, an existing food establishment
that has changed ownership, or a food establishment whose registered food
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service manager has transferred or resigned shall have thirty (30) days to comply
with the requirements of this section.
(7) The permit holder of an existing food establishment shall notify the health
authority within forty-eight (48) hours of the termination or transfer of a
registered food service manager. The permit holder shall have thirty (30) days
from the effective date of the termination or transfer to comply with the
requirements of this section.
(8) A permit holder is in compliance with the provisions of this section if there is one
(1) registered food service manager employed in a supervisory capacity for
several food establishments located in the same building and under the same
ownership and management.
Sec. 6-132. - Definitions.
The following words and terms, in conjunction with those listed in the Texas Food Establishment
Rules, when used in this article shall have the following meanings unless the context clearly
indicates otherwise and shall apply in the interpretation and enforcement of this article:
Food means any raw, cooked, or processed edible substance, ice, beverage or ingredient used or
intended for use or sale, in whole or in part, for human consumption.
Food-borne illness means an incident in which two (2) or more persons experience a similar
illness, usually gastrointestinal in nature, after ingestion of a common food, and epidemiological
analysis implicates the food as the source of the illness.
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Food establishment permit (aka health permit) shall mean the annual permit required for a food
service establishment to operate in accordance with city regulations.
Food manager means an individual who conducts,manages, or operates a food establishment.
Food service employee means an individual employed with a food service establishment whose
work involves unpackaged food, food equipment or utensils, or food-contact surfaces.
Food establishment shall mean an operation that stores, prepares, packages, serves, or otherwise
provides food for retail human consumption such as: a retail food store; a temporary food service
establishment; a mobile food-vendor; a catering operation, if the operation provides food directly
to a consumer; a food bank; or other establishment that relinquishes possession of food to a
consumer directly or indirectly through a delivery service such as home delivery of grocery
orders or restaurant takeout or delivery service. The term does not include an establishment that
offers only prepackaged foods that are not potentially hazardous; a produce stand that only offers
whole, uncut fresh fruits and vegetables; a food processing plant; or a kitchen in a private home
used to create income or revenue.
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Grading means the letter grade issued by the health authority at the conclusion of the routine
inspection and/or reinspection of a food service establishment. The grade shall be based upon the
scoring method set forth in the Texas Food Establishment Rules and shall reflect the food service
establishment's degree of compliance with all applicable federal, state, and local statutes, orders,
ordinances, quarantines,rules,regulations, or directives relating to the public health.
Health Authority shall mean the city manager or designee, authorized agent or employee or duly
authorized health inspector.
Law includes federal, state and local statutes, ordinances and regulations.
Letter grade card means a card provided by the health authority that must be posted at a food
service establishment upon completion of a routine inspection and/or reinspection that indicates
the letter grade of the establishment as determined by the health authority using the scoring
method set forth in the Texas Food Establishment Rules. For the purposes of this provision, a
food service establishment shall include a food service establishment operating in conjunction
with a food-processing establishment.
Mobile food vendor is any person or persons who operate and sell food from a motorized or non-
motorized unit for a period of(15)fifteen days or greater per year.
Mobile food vendor categories:
(1) Limited food cart is a mobile food unit that operates from a hand pushed non-
motorized cart and sells items such as pre-packaged ice cream, frozen
confections, or hot dogs while moving from place to place.
(2) Mobile food truck is an enclosed, commercially manufactured, motorized mobile
unit in which ready to eat food is cooked, wrapped, packaged, processed, or
portioned for service, sale, or distribution. It is designed for the transportation,
storage and preparation of foods.
(3) Mobile food cart includes, but is not limited to a cart, trailer, or stand that is
moved on site for the purpose of conducting business, selling food items.
Examples include,but are not limited to, corn carts, and beverage carts.
Official inspection report means the written notice prepared and issued by the health authority
after conducting a routine inspection and/or reinspection of a food service establishment to
determine compliance with all applicable federal, state, and local statutes, orders, ordinances,
quarantines, rules,regulations, or directives relating to the public health.
Potentially hazardous food means 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.
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Registered food service manager (aka RFSM) means a supervisor of a food service
establishment that has obtained a CFM (certified food manager) certification through the Texas
Department of State Health Services and is registered with the city.
Seasonal health permit is a permit which allows a facility providinfood to the public in a single
designated location. The permit is valid for no less than fourteen (14) days and no more than six
(6)months and need not to be associated with a special event.
Temporary food establishment means a food service establishment that operates for a period of
no more than fourteen(14) consecutive days in conjunction with a single event or celebration.
Sec. 6-133. - Health authority—Powers.
(a) The city manager or designee is hereby authorized to issue permits to any person or firm
making application for a food establishment permit, or a food handler card in the city;
provided that only a person or firm that complies with the requirements of this article
shall be entitled to receive and retain such.
(b) The city manager or designee hereby has the power and authority to issue a notice or
citation to anyone in violation of any provision of this article,without warning.
(c) The city manager or designee hereby has the power and authority to cause the temporary
closing of an establishment to protect the health of the community.
Sec. 6-134. - Catastrophe.
In the event of any imminent health hazard, the owner or operator of a food establishment must
immediately notify the health authority. It will be required that the food establishment cease
operations. It shall not resume operations until such time as a reinspection determines that
conditions responsible for the requirement to cease operations no longer exists.
Sec. 6-135. - Health authority—Administrative process.
A notice as required in this article is properly served when it is delivered to the holder of the
permit or the person in charge, or when it is sent by registered or certified mail, return receipt
requested, to the last known address of the holder of the permit. A copy of the notice shall be
filed in the records of the city.
Sec. 6-136. - Permits—Required.
(a) No person or firm shall operate a food establishment in the city without a valid permit
issued by the health authority.
(b) In cases where a person or firm conducts, more than one (1) operation, as a food
establishment in a single building or at the same address, a separate permit shall be
required for each operation.
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(c) A permit lapses if the food establishment operating under the permit:
(1) Ceases its operation for sixty(60) days; or
(2) Fails to pay the annual inspection fee on or before the due date.
Sec. 6-137. - Same—Application.
(a) Application for such permit as required of this article shall be made in writing to the
health authority upon forms maintained and furnished by the city health division.
Incomplete applications will not be accepted.
(b) A food establishment permit and plan review fees shall be due for each food
establishment that requires plans to be submitted according to this chapter. Prior to the
approval of new or change of ownership permits, the health authority shall inspect the
food service establishment to determine compliance with state and local laws.
(c) A food establishment permit application fee shall be due for each food establishment that
requires a new food establishment permit due to change of ownership, change in type of
operation, or revocation, and a new application shall be made for a permit as required of
this article. Whenever a new food establishment permit is required, the health authority
shall inspect the food establishment prior to beginning operation to determine compliance
with requirements of this article.
(d) Failure to provide all required information, or falsifying information required on the
application,may result in denial or revocation of the permit.
Sec. 6-138. - Same—Review and approval of plans.
(a) Whenever a food establishment is constructed or extensively remodeled and whenever an
existing structure is converted to use as a food establishment, engineered prepared plans
and specifications for such construction, remodeling or conversion shall be submitted for
review prior to beginning construction. Extensive remodeling means that twenty (20)
percent or greater of area of the food establishment is to be remodeled. The plans and
specifications shall indicate the proposed layout, equipment arrangement, mechanical and
construction of materials, and the type and model of proposed fixed equipment and
facilities in accordance with this article. The construction,remodeling or conversion shall
conform to the approved plans and specifications.
(b) Failure to follow the approved plans and specifications will result in a permit denial,
suspension, or revocation.
(c) The provisions of this article regarding food establishment construction or remodeling are
in addition to other applicable building and licensing ordinances.
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(d) Whenever plans and specifications are required to be submitted to the health authority,
the health authority shall inspect the food establishment prior to its beginning operation
to determine compliance with the approved plans, specifications and the requirement of
these rules. The food establishment criteria manual and guidelines are to be used as a
reference of approved materials for finishes in extensively remodeled or new food service
facilities.
(e) Regardless of prior existing conditions of the equipment and the facility, upon change of
ownership of a business, or expansions, the new business owner shall be required to meet
current food establishment standards as defined in this code and state law before a permit
will be issued by the health authority.
Sec. 6-139. - Same—Duration.
(a) Any food establishment permit granted under the provisions of section 6-136 shall remain
in full force through December 31 of the applicable calendar year of issuance as long as
the annual food establishment permit fee is paid, unless denied, suspended or revoked for
cause. A food establishment permit that lapses for nonpayment will be reinstated upon
payment of the permit fee and a late fee in accordance with the applied fees schedule,
except for permits that have lapsed for more than sixty (60) days. Food establishments
without permit for an excess of sixty (60) days may not be reinstated and must obtain
new permits and comply with current regulations for new businesses. It will be the
responsibility of the food establishment owner and/or manager to ensure a valid permit
exists at all times.
(b) An exception to subsection 6-136(a) above is that a temporary food establishment permit
shall remain in full force and effect for a period of time not more than fourteen (14)
consecutive days in conjunction with a single event or celebration from date of issuance
unless sooner suspended or revoked for cause.
Exception: seasonal snow cone stands.
Sec. 6-140. - Same—Limited operation of mobile food vendor.
Only food items previously approved by the regulatory authority may be sold on a mobile food
vending unit. Nonfood items such as toys, fireworks, or any hazardous substances are prohibited.
Sec. 6-141. - Same—Nontransferable.
Every permit issued under the provisions of this article shall be nontransferable and any fee
associated therewith nonrefundable.
Sec. 6-142. - Same—Suspension, denial or revocation.
(a) The health authority may, without prior notice or hearing, suspend, deny or revoke any
permit granted under this article to operate a food establishment, or temporary food
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establishment if the permit holder or person in charge does not comply with the
requirements of this article, or if the operation of the food establishment otherwise
constitutes a substantial hazard to public health. The city may suspend, deny and revoke a
permit upon service of the notice. When a permit is suspended or revoked, a cease and
desist order shall be issued and food service operations shall immediately cease.
(b) An establishment may appeal such orders issued under this section to the health authority.
The health authority shall hold a hearing as soon as practical to determine whether such
cease and desist order shall continue into effect. The health authority may end the
suspension or revocation at any time if reasons for such no longer exist.
(c) Whenever a food establishment, or temporary food establishment is required under the
provisions of this section to cease operations, it shall not resume operations until such
time as a reinspection determines that conditions responsible for the requirement to cease
operations no longer exist or an appeal before the health authority is held. Opportunity
for reinspection shall be offered no later than two (2) business days. During the time a
food establishment, or temporary food establishment is required to cease operations, a
sign shall be posted on the outside of the establishment, clearly visible to a reasonably
observant person, which shall state"Closed By The Colony Health Department."
Sec. 6-143. - Examination and condemnation of food.
(a) Food may be examined or sampled by the health authority as often as necessary for the
enforcement of these rules. The health authority may, upon written notice to the owner or
person in charge specifying with particularity the reasons therefor, place a hold order on
any food which it believes is in violation. The health authority shall tag, label, or
otherwise identify any food subject to the hold order. No food subject to the hold order
shall be used, served, or moved from the establishment. The health authority shall permit
storage of the food under the 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) A hold order shall state that a request for hearing may be filed within ten (10) days after
issuance thereof and that if no hearing is requested the food shall be destroyed. On the
basis of evidence produced at the hearing, the hold order may be vacated, or the owner or
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 these rules.
Sec. 6-144. - Inspections—Grading.
All food establishments shall be inspected and graded uniformly using an official inspection
form, as provided by the Texas Department of State Health Services. The grade of each food
establishment shall be determined by the health authority using the scoring method provided on
the inspection form. The grade of each food establishment shall be evidenced by the posting of a
grade card bearing the letter, "A," "B," or "C." Establishments scoring below seventy (70)
percent will be closed until such time that a reinspection is made and all corrective action on all
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identified critical violations is complete. Corrective action on all other violations must be
initiated within forty-eight (48) hours. The establishment shall remain closed until reopened by
the health authority.
(1) The letter"A" shall indicate a score of ninety(90) percent or higher, and indicates
that the food establishment passed the inspection by meeting or exceeding those
minimum health standards as set forth by the Texas Food Establishment Rules as
herein adopted together with the additions, deletions, and amendments hereinafter
contained, as part of article VI, Building, Construction, Health and Sanitation
chapter of the Code of Ordinances for the city and interpreted by the health
authority. Grade "A" cards shall be of a color designated only for grade "A"
cards.
(2) The letter "B" shall indicate a score of less than ninety (90) percent, but not less
than eighty (80) percent, and indicates that the food establishment has passed the
inspection and meets the minimum health standards. Grade"B" cards shall be of a
color designated only for grade"B" cards.
(3) The letter "C" shall indicate a score of less than eighty (80) percent, but not less
than seventy (70) percent, and indicates that the food establishment meets the
minimum health standards and conditions but is at risk of potentially being a
threat to public health and safety. Grade "C" cards shall be of a color designated
only for grade "C" cards.
(4) Denial of access to the health authority shall be cause for suspension or
revocation of the food service permit.
Sec. 6-145. - Same—Posting of grade cards.
(a) The grade card shall be provided by the health authority and shall be eight and one half
(8%2) inches by eleven (11) inches in size. The grade letter shall not be more than five (5)
inches in height.
(b) The grade card shall be posted in a conspicuous place, so as to be clearly visible to the
general public and to patrons entering the establishment. "Clearly visible to the general
public and to patrons" shall mean:
(1) Posted in the front window of the establishment within five (5) feet of every
public entrance;
(2) Posted in the drive-thru window of all establishments that offer drive-thru service;
(3) Posted in a display case mounted on the outside front wall of the establishment
within five(5) feet of the front door; or
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(4) Posted in a location as directed and determined at the discretion of the health
authority to ensure proper notice to the general public and to patrons; and/or
(5) In the event that a food establishment is operated in the same building or space as
a separately licensed or permitted business, or in the event that a food
establishment shares a common patron entrance with such a separately licensed or
permitted business, or in the event of both, the health authority shall post the letter
grade card in the initial patron contact area, or in a location as determined in the
discretion of the health authority.
(c) The grade card shall not be altered, defaced, marred, camouflaged, hidden or removed. It
shall be unlawful to operate a food establishment unless the letter grade card is in place as
set forth herein. Removal or alteration of the letter grade card is a violation of this article
and may result in the suspension or revocation of the food establishment permit. In the
event the grade card is stolen, it is the responsibility of the owner and/or manager to
notify the health authority for a replacement card.
(d) In the event the food establishment is closed by the health authority, the grade card shall
be removed from view and replaced with a sign, provided by the health authority,
advising the public of the closure. The sign must remain visible until such time the health
authority allows the reopening to occur.
Sec. 6-146. - Same—Frequency/priority.
(a) The health authority shall inspect each food establishment at least three times annually
and shall be prioritized based upon assessment of a food establishment's compliance and
potential of causing food-borne illness according to section 229.171(h) of the Texas Food
Establishment Rules.
(b) The health authority shall classify food establishments as high priority, medium priority,
or low priority, according to the type of operations, particular foods that are prepared,
numbers of people served, susceptibility of the population served, and any other risk
factor deemed relevant to the operation.
(c) Additional inspections of the food establishment shall be performed as often as necessary
for the enforcement of this article and a reinspection fee may be charged.
(d) Whenever necessary to make an inspection to enforce any of the provisions of this article,
or whenever the health authority has reasonable cause to believe that there exists in any
building or upon any premises any condition or violation of this article, the health
authority may enter such building or premises at all reasonable times to inspect the same
or to perform any duty imposed upon the administrator or his designee by this article. If
such building or premises is occupied, the health authority shall first present proper
credentials and request entry. If such building or premises is unoccupied, the health
authority shall first make a reasonable effort to locate the owner or other persons having
charge or control of the building or premises and request entry. If such entry is refused or
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if no owner or other person having charge or control of the building or premises can be
located, the health authority shall have recourse to every remedy provided by law to
secure entry.
(e) A signed copy of the official inspection form shall be delivered to the owner, operator, or
person in charge of the food establishment or food facility who shall sign in receipt
thereof
(f) Refusal to sign acknowledgement: The health authority shall inform a person who
declines to sign acknowledgement of receipt of inspectional findings that:
(1) An acknowledgement of receipt is not an agreement with findings;
(2) Refusal to sign an acknowledgement of receipt will not affect the permit holder's
obligation to correct the violations noted in the inspection report within the time
frame specified; and
(3) A refusal to sign an acknowledgment of receipt is noted in the inspection report
and conveyed to the health authority's historical record for the food establishment.
(g) (1) Any food establishment that has received a grade eighty-nine (89) or less (B or C)
shall receive a reinspection within fifteen (15) working days of the initial inspection, or
as otherwise arranged with the facility operator, to assure that the violations have been
corrected. The letter grade shall remain posted at the food establishment.
(2) Additionally, a food establishment receiving a score of eighty-nine (89) or less
may, within fifteen (15) working days of the initial inspection and upon payment
of a facility initiated reinspection fee, request the health authority conduct a
random reinspection of their facility. A reinspection conducted under this
subsection which results in a different score shall have the reinspection grade
posted in lieu of the original inspection grade. The score and/or letter grade
achieved as a result of the facility initiated reinspection shall remain posted until
the next routine health inspection. A facility initiated reinspection under this
subsection will only be permitted once during the calendar year.
(h) If, after a reinspection of the food establishment or facility, critical items still exist, any or
all of the following legal actions may ensue:
(1) Administrative hearing offered for the suspension or revocation of the license;
(2) Issuance of a citation; and/or
(3) Initiation of civil, criminal or other legal proceedings.
Sec. 6-147. - Registered food service manager (RFSM)—Required.
The purpose of this section is to require the certification of supervisory personnel of food
establishments; so that supervisory personnel shall have knowledge of safe techniques for
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storage, preparation, display and service of foods, with the underlying purpose of preventing
food-borne illness and protecting the public health and so that supervisory personnel shall have
knowledge to train employees under their supervision regarding such purpose.
(a) Except as provided in this section, it shall be unlawful for any person owning, operating
or managing any food establishment within the city to fail to employ and fail to keep on
each shift in employment at least one (1) registered food service manager (RFSM), who
is in a supervisory position at said establishment and who has a valid and current
certificate under this article which satisfies the requirements of this section. An RFSM
must be an on-site employee of the permitted establishment.
(b) The establishment shall require additional RFSMs to be present on the premises during
operations (minimum one (1) per shift) to ensure that all food preparation and service are
performed under the direction of certified supervisory personnel. It shall be unlawful for
any person owning, operating, or managing a food establishment to cause, permit, suffer
or allow such establishment to be operated with less than the required number of
operators.
(c) Whenever the RFSM holding the certificate terminates employment, is terminated, or
transfers to another food establishment, the person owning, operating or managing the
food establishment shall be allowed thirty (30) days from the date of termination or
transfer of the certificate holder to comply with this section or as determined by the
health authority.
Sec. 6-148. - Same—Exempted.
(a) The following food establishments are exempt from the requirements of article:
(1) Establishments that handle only prepackaged food and do not prepare or package
food;
(2) Child care facilities, licensed under and as defined by V.T.C.A., Human
Resources Code § 42.002;
(3) Establishments that do not prepare or handle exposed potentially hazardous foods;
or
(4) Nonprofit organizations as defined in 25 Texas Administrative Code section
229.371(9) (relating to permitting retail food establishments).
(b) The health authority may waive or modify the requirements of this article for temporary
food establishments, special facilities and/or events upon demonstration that the public
health and safety are protected.
Sec. 6-149. - Same—Proof of knowledge.
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(a) All certified RFSMs who register with the city must provide the health authority with
documentation verifying their knowledge of safe food handling procedures and food-
borne illness prevention. Satisfactory documentation may consist of one (1) of the
following:
(1) A certificate from an accredited testing agency which certifies that the applicant
has achieved a passing score on an examination, which has been designed to
measure the understanding and application of safe food handling techniques and
practices.
(2) A certificate from a training program which has been approved by the Texas
Department of State Health Services under the provisions of state law.
(3) The health authority may require certified supervisory personnel to successfully
complete additional training as specified by the health authority, when:
a. The employing food establishment has repeated or persistent violations of
critical health code requirements and effective corrective action has not
been taken over a reasonable period of time, as determined by the health
authority; or
b. The employing food establishment is suspected by the health authority as
the source of food-borne illness; and
c. All costs associated with required additional training shall be the
responsibility of the food establishment.
Sec. 6-150. - Same—Certification; registered food service manager (RFSM).
(a) When the RFSM meets the requirements of this section, the health authority shall issue a
RFSM certificate. This certificate shall expire at the end of two (2) years from date of
issuance.
(b) All RFSMs shall renew their city certificates biannually in accordance with this section.
(c) Each RFSM shall display his certificate in a prominent location in the establishment or
carry it on his person when on duty, as directed by the health authority.
(d) A RFSM certificate is not transferable from one person to another person.
(e) All RFSM's who are employed by food establishments within the city shall register with
the customer services department.
(f) The holder of a RFSM certificate will be allowed thirty (30) days from the effective date
of this article to comply with registration with the city customer services department.
Sec. 6-151. - Same—Penalty.
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Any person (or responsible party) who violates a provision of this article or any person who is
the holder of a registered food service manager certificate who does not comply with the
requirements of this article, shall be deemed guilty of an offense and upon conviction of the
municipal court of the city, shall be subject to a fine not to exceed $500.00 for each offense, and
each and every day such violation continues shall constitute a separate offense.
Sec. 6-152. - Same—Injunctive relief.
In addition to and cumulative of all other penalties, the city shall have the right to seek injunctive
relief for any and all violations of this section.
Sec. 6-153. - Food handler card—Required.
(a) Every food service employee shall, within thirty (30) days of the date of employment, be
the holder of a current valid food handler card, issued by the customer services
department.
(b) No person who owns, manages or otherwise controls any food establishment shall permit
any food service employee to be employed therein who does not after thirty (30) days of
employment possess a current valid food handler card issued by the customer services
department.
(c) A food handler card is not required for those that hold a RFSM certificate.
(d) A current photo id is required.
(e) Register state approved food handler card with the customer services department.
Sec. 6-154. - Same—State Accredited Food handling school required.
In order to receive a food handler card, every person owning, employed by, or otherwise
connected with a food establishment whose work brings him into contact with food, utensils or
food service equipment shall be required to pass a State of Texas approved food handling class
before a food handler card will be issued by the City of The Colony. This requirement must be
met upon expiration of the card and upon application for a new card.
Sec. 6-155. - Same—Exempted.
A food handler card is not required of persons who are not employed by the food establishments,
such as school events, church events, etc.
Sec. 6-156. - Same—Posting of food handler, food establishment, and temporary food
establishment permits.
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Every permit holder or person in charge shall at all times have available on the premises for
inspection the food handler cards of its employees, and shall at all times display in public view
the food establishment permit, or temporary food establishment permit.
Sec. 6-157. - Suspension or revocation of food handler's card.
The health authority shall have the right to suspend or revoke a valid food handler card at any
time the holder of such card becomes affected with any disease in a communicable form,
becomes a carrier of any such disease or is suspected of being affected with or being a carrier of
any such disease as stated in Texas Food Establishment Rules, section 229.171(o)(2). Such
suspension or revocation shall remain in effect until such person is released from restrictions or
exclusions according to the V.T.C.A., Health and Safety Code § 438.033, and the conditions
stated in the Texas Food Establishment Rules, Section 229.171(o)(4).
Sec. 6-158. - Service of notices.
A notice provided for in this article is properly served when it is delivered to the food handler or
person in charge, or when it is sent by registered or certified mail, return receipt requested, to the
last known address of the food handler of the card. A copy of the notice shall be filed in the
records of the health authority.
Sec. 6-159. - Fees.
The various requirements for permits, licenses, food handler cards certificates, and such
administrative function of this article shall require the payment of fees, submitted to The City of
The Colony, in an amount approved by resolution of The Colony City Council. Fees are non-
transferable and non-refundable.
Sec. 6-160. - Responsibilities of the owner, manager, or person in charge.
The permit holder, owner, manager, or person in charge of a food establishment shall operate the
facility in compliance with the provisions of this article and other applicable sections of the Code
of ordinances of the City of The Colony and the Texas Food Establishment Rules and shall
respond within the specified schedule of time when any deficiency or violation has been
identified by the health authority.
Sec. 6-161. - Pests and pesticides.
Only individuals licensed by the Texas Structural Pest Control Board may apply pest control
products in a food establishment. A minimum of monthly pest control services is required.
Sec. 6-162. - Retention of certain records required.
The following records shall be retained on premises by food establishments and available for
inspection and copying by the health authority:
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(1) Grease trap pumping trip tickets shall be retained for a period of three(3) years;
(2) When time is used as a public health control measure or the establishment has been
required to establish a risk control plan, the documentation must be retained for a period
of one(1) year.
(3) Professional insect and rodent control records shall be restrained for a period of one (1)
year.
Sec. 6-163. - Consumer advisory required.
(a) Except when otherwise specifically approved by the health authority, an animal food
such as beef, eggs, fish, lamb, milk, pork, poultry, or shellfish that is raw, undercooked,
or not otherwise processed to eliminate pathogens is offered in a ready-to-eat form as a
deli, menu, vended, or other item; or as a raw ingredient in another ready-to-eat food, the
holder of the food establishment permit shall inform consumers by brochures, deli case or
menu advisories, label statements, table tents, placards, or other effective written means
of significantly increased risk associated with certain especially vulnerable consumers
eating such foods in raw or undercooked form.
(b) The consumer advisory concerning shellfish must conform to the Texas Food
Establishment Rules adopted by section 6-131 of this Code.
Sec. 6-164. - Procedure when infection is suspected.
When the health authority has reasonable cause to suspect possible disease transmission by an
employee of a local food establishment, it may secure a morbidity history of the suspected
employee or make any other investigation as indicated and shall take appropriate action. The
health authority may require any or all of the following measures:
(1) The immediate exclusion of the employee from employment in local food establishments;
(2) The immediate closing of the local food establishment until, the health authority
determines, no further danger of disease outbreak exists;
(3) Restriction of the employee's services to areas of the establishment where there would be
no danger of transmitting disease; and/or
(4) Adequate medical and laboratory examination of the employee and other employees at
owner's expense.
Sec. 6-165. - Handwashing lavatory and water temperature.
(a) A handwashing lavatory must be equipped to provide water at a temperature of at least
thirty-eight (38) degrees Celsius (100 degrees Fahrenheit) under pressure through a
mixing valve or a combination faucet within twenty(20) seconds.
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(b) A self-closing, slow-closing, or metering faucet shall provide a flow of water for at least
fifteen (15) seconds without the need to reactivate the faucet.
(c) A hand sink shall be located within twenty-five (25) linear feet of each food preparation
and utensil washing areas.
Sec. 6-166. - Physical facilities.
(a) The food establishment criteria manual and guidelines is a reference of approved
materials for finishes in new food service facilities, extensively remodeled facilities, or
facilities undergoing change of ownership.
(b) Only commercial quality equipment or utensils that meet or exceed National Sanitation
Foundation (NSF) standards or the equivalent will be approved.
(c) A grease interceptor/trap is to be located outside of the building and must be readily and
easily accessible for cleaning and inspection. The necessity and size of the grease
interceptor/trap to be installed in a food establishment shall be a minimum of one-
thousand (1,000) gallons or determined by the health authority. All grease
interceptors/traps must be cleaned/pumped by a licensed waste hauler. The grease
interceptor/trap must be pumped empty at a frequency of not less than twice a year or as
deemed necessary by the health authority.
(d) Outdoor refuse containers must remain closed at all times when not in continuous use and
must be emptied by an approved commercial service at a frequency of at least three (3)
days per week. The frequency of garbage pickup may be determined by the health
authority if necessary to maintain the premises of the food establishment free of litter,
garbage, odor,rodents and insects.
(e) Outer openings must be protected. Openings to the outdoors must be protected against the
entry of insects and rodents by:
(1) Closed,tightfitting windows and solid, self-closing, tightfitting doors;
(2) Installation of air currents at all rear doors used for the loading and unloading of
food products, doors that open to the outside directly off of food prep areas, ware
wash areas, or food storage areas, and at all drive thru windows.
(3) Installation of sixteen (16) mesh, 25.4mm (sixteen (16) mesh to one (1) inch)
screens on window and doors that are kept open for ventilation or other purposes.
(4) Properly sealed perimeter walls and roofs of the establishment.
Sec. 6-167. -Miscellaneous food requirements.
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For general operating requirements refer to the Food Establishment Criteria Manual and
Guidelines.
Sec. 6-168.—Mobile Food Truck
(a) Generally. Mobile trucks to include (hot/cold), mobile lunch trucks, and ice cream
trucks.
(b) Permit required. It shall be unlawful for any mobile food truck to operate without a valid
health permit issued by the city.
(c) All trucks must operate from a base of operation such as a commissary or other fixed
food establishment. All foods must be from an approved source. No home prepared
foods will be allowed.
Sec. 6-169. —Mobile Food Cart
(a) Mobile Food Cart Requirements.
(1) Submittal of current photo identification (i.e. Texas Driver's License).
(2) Vendor is liable for all damages and repairs to the street scape, trees and
vegetation, sidewalks, streets, or public amenities that directly relate to the use of
the permitted location.
(3) All carts must be in full compliance with this article and any applicable City code
provisions before any permit is issued.
(4) Submittal of a completed permit application; plan review (site plan), vending
route/location of operation, signed commissary agreement, and toilet use
agreement, if applicable.
(5) Submittal of notarized approval from the property owner.
(6) Construction specifications must be approved by the City.
• Mobile food cart
(a) Examples Is a cart, trailer, stand or other facility that is moved on site for the purpose of
conducting business and selling food items. Examples include, but are not
limited to the following: corn carts, or beverage carts.
(b) Current photo identification, City of The Colony food manager certification,
Documentation City of The Colony food handler card, vending route/location of operation,
menu, site plan, signed commissary agreement, toilet use agreement and
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notarized approval from the property owner.
(c) Location Sites may be located in any zoning district deemed appropriate by the City
Manager or his designee.
The City Manager or his designee, in approving or denying such application
shall consider the nature of the use; existing uses in surrounding areas; noise,
dust, light, and traffic generated; health and sanitary conditions; and
compliance with other regulations of this Chapter.
(d) Approval Administrative approval, through the Health Permitting process. Site plan
required. Review required by the Health Department for a Health Permit.
(e) Duration Unless suspended or revoked under the provisions of this article, a permit for
a stationary cart shall be valid for a permit from the date of issuance until
December 31st. Must be renewed annually.
(f) Parking If the location of such use is located on a parking lot, it shall be located only
in excess parking spaces (i.e. spaces that have been provided in excess of the
parking required by Ordinance) and shall not infringe on the required parking
for the commercial property.
(g) Setbacks The use shall be set back from the public right-of-way, fire lane easement,
public sidewalk, and/or adjacent property line a minimum of ten(10) feet.
The use shall be set back from the primary structure a minimum of five (5)
feet.
(h) Health See Chapter 6, Food and Food Establishments for additional requirements.
Department
Requirements
(i) Sanitary Required. The vendor must secure permission from the host property to allow
Facilities vendor access to a commercially plumbed public restroom on site or provide
an approved portable sanitary facility.
(j) Permit (1) Health Permit Required
(2) Placement Permit, including electric permit (through Building
Inspections)
(3) The health permit shall be posted in a conspicuous place and in a
location as directed and determined at the discretion of the health authority
to ensure proper notice to the general public and to patrons.
(k) Fee Yes, as listed in the adopted City Master Fee Schedule.
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(b) Limited Food Cart.
(1) Definition. "Limited food cart" means a mobile food unit that operates from a
hand-pushed, non-motorized cart and sells items such as prepackaged ice cream,
frozen confections, or hot dogs while moving from place to place. The cart must
be easily moveable by one(1)person.
(2) Requirements.
(A) Submittal of current photo identification(i.e. Texas Driver's License).
(B) All push carts must be in full compliance with this article and any
applicable City code provisions before any permit is issued.
(C) Submittal of a completed permit application; vending route/location of
operation, menu, signed commissary agreement, toilet use agreement, if
applicable.
(D) Submittal of notarized approval from the property owner,if applicable.
(E) Construction specifications must be approved by the City.
• Limited food cart
(a)Examples Sells items such as prepackaged ice cream, frozen confections or hot dogs.
(b)Documentation Current photo identification, City of The Colony food handler card, vending
route/location of operation, menu, signed commissary agreement and
notarized approval from the property owner. City of the Colony food
manager certification is required for hot dog sales.
(c)Location Sites may be located in any zoning district deemed appropriate by the City
Manager or his designee.
The City Manager or his designee, in approving or denying such application
shall consider the nature of the use; existing uses in surrounding areas;
noise, dust, light, and traffic generated; health and sanitary conditions; and
compliance with other regulations of this Chapter.
(d)Approval Administrative approval, through the Health Permitting process.
(e)Duration Unless suspended or revoked under the provisions of this article, a permit
for a push cart shall be valid for a permit from the date of issuance until
December 31St. Must be renewed annually.
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(f) Health See to Chapter 6, Food and Food Establishments for additional
Department requirements.
Requirements
(g)Permit Health Permit Required. The health permit shall be posted in a conspicuous
place and in a location as directed and determined at the discretion of the
health authority to ensure proper notice to the general public and to patrons.
(h)Fee Yes, as listed in the adopted City Master Fee Schedule.
Sec. 6-170. - Reserved."
SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this
ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this ordinance; and the City Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 4. That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby amended,repealed, and all
other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance
shall remain in full force and effect.
SECTION 5. Any person, firm, or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 6. This Ordinance shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY,TEXAS,THIS 6th day of January,2015.
,,,
\\\\ C • J e McCourry,Mayor
' 011,
� /
Christie Wil , City Secretary
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APPROVED AS TO FORM:
411110110 :
Jeff Moore; C ty Attorney
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