§ 16-7. Food establishment business permit; application and renewals.  


Latest version.
  • (a)

    No person shall operate a food establishment without first obtaining a food establishment business permit from the city's planning department, nor shall any person operate such establishment while that permit is suspended or revoked except as provided for herein.

    The permit shall remain valid for a period of one (1) year from the date of issuance after which it automatically expires. Permits shall be posted in a conspicuous place.

    A permit shall not be required for a child care facility, as defined by the § 42.002 of the Texas Human Resources Code as may be amended, or a bed and breakfast establishment with seven (7) or fewer rooms that serves only breakfast to their overnight guests.

    (b)

    To obtain a food establishment business permit, an application shall be made in writing and addressed to the city's planning department. The application shall include the applicant's name, mailing address, local address (if different from mailing address), address of place of operation, telephone number, facsimile number, cellular telephone number, sales tax number, a brief description of the service to be provided and other pertinent information required by the city. If the applicant is representing a firm, corporation, or partnership, the application shall also include the names and addresses, and telephone number(s) of the firm, corporation, or partnership. Such application shall be made out on forms available in the planning department and signed by the applicant.

    In addition to the above-stated information, an application must include the following information:

    (1)

    Evidence of current food manager's certification and permit issued by the Texas Department of Health. Food handlers are not required to be state-certified for an establishment that (a) provides pre-packaged food or (b) does not package food.

    (2)

    If using private property, not owned by the vendor, a notarized affidavit setting forth the permission from the owner of such property. If using city property or rights-of-way, an affidavit setting forth the permission from the city manager or Texas Department of Transportation, as applicable.

    (3)

    Evidence of certificates of inspection from the city, as applicable.

    (c)

    Upon completion of an application and an inspection, a temporary food establishment may receive a permit upon payment of the appropriate fee and if it is in compliance with the temporary food establishment rules at section 228.222 of the Texas Food Establishment Rules.

    (d)

    An initial application for a permit should be filed at least thirty (30) days prior to the proposed date operations are to begin. Renewals of permits are required on an annual basis and the same information is required for a renewal permit as for an initial permit. Renewal applications shall be submitted at least thirty (30) days prior to the expiration of a permit to avoid a lapse in the permit.

    (e)

    Incomplete applications will not be accepted. Failure to provide all required information, or falsifying required information, shall result in the denial of the application or revocation of a permit. If an applicant is denied, the planning department shall issue a notice stating the reason(s) for the denial and informing the applicant that decision may be appealed by filing a written request to the director of the planning department within ten (10) days of the receipt of the notice.

(Ord. No. 2016-09, § 1, 2-2-2016)