§ 16-9. Inspections.

Prior to the approval of an initial permit or the renewal of an existing permit, the planning department shall inspect the food establishment to determine compliance with City Code and state laws. If the department finds that a food establishment does not comply with City Code and state laws, then the permit shall be denied or the permit renewal denied.

If a food establishment fails an inspection by the planning department, then a fifty dollars ($50.00) re-inspection fee shall be paid for each re-inspection.

Public health inspector may enter the premises of a food service establishment, retail food store, mobile food unit, roadside food vendor, or temporary food service establishment during normal operating hours or other operating hours to conduct inspections to determine compliance with state rules, City Code, or state law.

If a person denies access to the public health inspector, public health inspector shall:

(a)

Inform the person that:

(1)

The food establishment is required to allow access to the city;

(2)

Access is a condition of the acceptance and retention of a food establishment permit to operate; and

(3)

If access is denied, an order issued by the appropriate authority allowing access, hereinafter referred to as an inspection warrant, may be obtained according to law; and

(b)

Make a final request for access.

If the person in charge continues to refuse access, after the public health inspector presents credentials, provides the required notice, explains the authority upon which access is requested, and makes a final request, the public health inspector shall provide details of the denial of access on an inspection report form. Moreover, the city may issue, or apply for the issuance of, an inspection warrant to gain access as provided in law.

A public health inspector conducting inspections of retail food establishments should be a registered professional sanitarian in Texas or a sanitarian in training in Texas or should meet the FDA voluntary national retail food regulatory program standards basic curriculum and field training elements.

The planning department shall inspect each food establishment at least once every six (6) months; however if it cannot, the frequency of inspections shall be prioritized and uniformly applied throughout the city based upon assessment of a food establishment's history of compliance with this article and the potential for causing foodborne illness by evaluating:

(1)

Past performance, for nonconformance with code or HACCP plan requirements that are priority items or priority foundation items;

(2)

Past performance, for numerous or repeat violations of code or HACCP plan requirements that are core items;

(3)

Past performance, for complaints investigated and found to be valid;

(4)

The hazards associated with the particular foods that are prepared, stored, or served;

(5)

The type of operation including the methods and extent of food storage, preparation, and service;

(6)

The number of people served;

(7)

Whether the population served is a highly susceptible population; and

(8)

Any other risk factors deemed relevant to the operation by the regulatory authority.

(Ord. No. 2016-09, § 1, 2-2-2016)