Ordinance No. 9,380Published in the Baytown
Sun on July 17, 2002 and
ORDINANCE NO. 9380 July 18, 2002
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, REPEALING
DIVISIONS 1 "GENERALLY ", 2 "PERMIT ", AND 3 "INSPECTION AND
ENFORCEMENT" OF ARTICLE IV "FOOD AND FOOD SERVICE
ESTABLISHMENTS," CHAPTER 42 "HEALTH AND SANITATION' OF
THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AND REPLACING
THE SAME WITH NEW DIVISIONS OF ARTICLE IV "FOOD AND FOOD
SERVICE ESTABLISHMENTS," CHAPTER 42 "HEALTH AND
SANITATION' OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO
BE NUMBERED AND ENTITLED DIVISIONS 1 "GENERALLY," 2
"PERMIT," AND 3 • "INSPECTION AND ENFORCEMENT" TO REVISE,
AMEND AND /OR UPDATE THE CODE CONCERNING FOOD AND FOOD
SERVICE ESTABLISHMENTS TO MEET CURRENT STANDARDS, RULES,
AND /OR REGULATIONS; PRESCRIBING A MAXIMUM PENALTY OF TWO
THOUSAND AND NO /100 DOLLARS ($2,000.00); PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section l: That Divisions 1 "Generally ", 2 "Permit ", and 3 "Inspection and
Enforcement' of Article N "Food and Food Service Establishments, Chapter 42 "Health and
Sanitation' of the Code of Ordinances, City of Baytown is hereby repealed in its entirety.
Section 2: That Chapter 42 "Health and Sanitation' of the Code of Ordinances, City
of Baytown is hereby amended by adding divisions to Article IV "Food and Food Service
Establishments" to be numbered and entitled Division 1 "Generally," Division 2 "Permit" and
Division 3 "Inspection and Enforcement," which said divisions read as follows:
CHAPTER 42. HEALTH AND SANITATION
ARTICLE IV. FOOD AND FOOD SERVICE ESTABLISHMENTS
DIVISION 1. GENERALLY
Sec. 42 -131. Definitions..
The following words,. terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Abattoir or slaughterhouse means any establishment within the city in which cattle, sheep,
swine, goats or any such animals are slaughtered for meat for human consumption. The term
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includes stockyards and all other operations and facilities necessary, useful or incidental to such
abattoir or slaughterhouse.
Adulterated food means a food containing any poisonous or deleterious substance as specified in
V.T.C.A., Health and Safety Code § 431.081.
Approved means acceptable to the regulatory authority based on his determination of conformity
with principles, practices, and generally recognized standards that protect public health.
Base of operation means an operating base location to which a mobile food establishment or
transportation vehicle returns as needed for such things as discharging liquid or solid wastes,
refilling water tanks and ice bins, and boarding food.
Caterer establishment or operation means a food service establishment where food is completely
or partially prepared for delivery to a single customer where it is meant to be served and
consumed.
Commissary means a 'catering establishment, restaurant, or any other place in which food,
containers, or supplies are kept, handled, prepared, packaged or stored. It also includes a
central preparation facility that mobile food units report to for supplies and for cleaning and
servicing operations.
Daycare or childcare means any facility licensed by the Texas Department of Protective and
Regulatory Services to receive 13 or more children for childcare that prepares or serves food for
on -site consumption.
Failing score means when an establishment receives an accumulation of violations resulting in
30 demerits or more or a score of 70 or less.
Farmer's market means a place that sells or serves whole vegetables, fruits, nuts, berries, and
melons in their natural state that are grown and supplied by local farmers. The term shall not
include food processed or manufactured from such named items or a produce stand that is
supplied by a wholesale produce distributor.
Food establishment or food service establishment means an operation that stores, prepares,
packages, serves, or otherwise provides food for human consumption such as a food service
establishment; retail food store; daycare, satellite or catered feeding location; catering operation;
market; remote catered operations; and that relinquishes possession of food to a consumer
directly, or indirectly through a delivery service such as home delivery of grocery orders;
restaurant take -out orders; or where consumption is on or off the premises; and regardless of
whether there is a charge for the food. The term does not include a kitchen in a private home if
only food that is not potentially hazardous is prepared for sale or service at a function, such as a
religious or charitable organization's bake sale; bed and breakfast limited facility; or a private
home.
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• Food processing plant means a commercial operation that manufactures, packages, labels or
stores food for human consumption and does not provide food directly to a consumer. The term
does not include a food establishment as previously defined.
Fresh means recently made, produced or harvested.
Garbage means every accumulation of animal, vegetable and other waste matter associated with
the preparation, handling or consumption of food or food products and waste wrappers or
containers.
Health authority means the legally appointed health officer or director of the health department.
High -risk food establishment means an operation that prepares and sells /serves potentially
hazardous food, such as, but not limited to, restaurants, cafeterias, fast -food restaurants,
hospitals, schools, daycares, and grocery stores that pre - package potentially hazardous food on
site.
Livestock means cattle, sheep, swine, goats, horses, mules, other equine, poultry, domesticated
rabbits, exotic animals, and domesticated birds or any such animals offered for human
consumption. Livestock are amenable to inspection.
Low -risk food establishment means an operation that sells /serves only prepackaged non -
potentially hazardous food or whole uncut produce, such as, but not limited to, convenience
stores, bars, and establishments that serve only prepackaged non - potentially hazardous food.
Meat means the flesh of animals used as food, including the dressed flesh of cattle, swine, sheep,
or goats and other edible animals, except fish, poultry, and exotic animals as specified in the
TFER.
Medium -risk food establishment means an operation that sells /serves prepackaged potentially
hazardous food and/or prepares limited types of food, such as, but not limited to, grocery stores,
convenience stores that heat and serve deli type food (hot dogs, sausage, etc.) and/or package ice.
New establishment means any food service establishment which is newly erected or constructed
at a given location or it may be such an establishment newly organized or started at an old
location, which will also include establishments remodeled from other construction. Any change
in ownership will be considered a new establishment.
Permit means the document issued by the regulatory authority that authorizes a person to operate
a food service establishment.
Person in charge means the individual present in a food service establishment who is the
apparent supervisor of the food service establishment at the time of inspection. If no individual is
the apparent supervisor, then any employee present is the person in charge.
Personal items mean articles belonging to employees.
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Plumbing code means the plumbing code adopted in section 18 -461 and all amendments thereto
contained in section 18 -462.
Potable water means water that is fit for drinking.
Poultry means any domesticated bird whether live or dead as defined in V.T.C.A., Health and
Safety Code §433.003. The term also includes ratites, which are amenable to inspection as
poultry.
Refuse means all putrescible and nonputrescible solid and semisolid wastes, including garbage,
rubbish and ashes.
Regulatory authority means the director of health.
Rendering plant means any establishment at which any animal or part thereof or the proteins and
fats from animals, poultry, fish or any other waste organic material, in whole or in part, is
processed for commercial use. The term "rendering plant" includes related industry or other
operations and facilities necessary, useful or incidental to such rendering plant.
Rubbish means nonputrescible solid wastes, excluding ashes, consisting of both combustible and
noncombustible wastes, such as paper, cardboard, waste metal, tin cans, yard clippings, wood,
glass, crockery, plastics and similar materials.
Sound condition means free from defect, decay or damage; healthy.
Temporary event means a single event or celebration, being of short duration lasting no more
than 14 days.
TFER means the "Texas Food Establishments Rules," 25 Texas Administrative Code §§
229.161, et seq.
Wholesome means in sound condition, clean, free from adulteration and otherwise suitable for
use as human food.
See. 42 -132. Purpose.
The function and purpose of this article is to protect and safeguard public health, ensure
that food is safe, unadulterated, and honestly presented when offered to the consumer.
See. 42 -133. Adoption of state rules.
a
(a) The following statutes, as they now exist and as hereinafter amended, are adopted and
incorporated into this article as if they were set forth at length herein:
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0 (1) Chapters 431 -438 of V.T.C.A., Health and Safety Code, and
(2) Chapter 341, V.T.C.A., Health and Safety Code.
(b) The following regulations adopted by the Texas Board of Health, as they now exist and
as hereinafter amended, are adopted and incorporated into this article as if they were set
forth at length herein:
(1) TFER
(2) Current Good Manufacturing Practice and Good Warehousing Practice in
Manufacturing, Packing, or Holding Human Food, 25 Texas Administrative Code
§§ 229.211, et seq.
(3) Seafood Safety, 25 Texas Administrative Code §§ 229.121 -129
(4) Regulation of Food, Drug, Device, and Cosmetic Salvage Establishment and
Brokers, 25 Texas Administrative Code §§ 229.191 -208.
(c) The regulatory authority will assure that a copy of the laws and rules adopted in this
section are on file in the office of the city clerk.
(d) A food establishment's owner, manager or operator commits an offense if an employee,
owner, manager, or operator of the food establishment violates a rule adopted pursuant to
subsections (a) and (b). An offense shall be punishable as provided in section 1 -14.
(e) If there is a conflict between a rule adopted in this section and any other section of this
article, the more restrictive provision shall apply.
Sec. 42 -134. Exceptions and affirmative defenses.
The requirements for the operation of all food service establishments shall be the same,
except as noted within this article. Within this article, the health authority may waive certain
requirements at his discretion.
Sec. 42 -135. Food from outside city.
Food from food service establishments outside the jurisdiction of the regulatory authority
may be sold within the city if such food service establishment conforms to the provisions of this
article or to substantially equivalent provisions. To determine the extent of compliance with such
provisions, the regulatory authority may accept reports from responsible authorities in other
jurisdictions where such food service establishments are located.
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R
® Sec. 42 -136. Plan approval.
(a) When a food service establishment is newly constructed, or extensively remodeled, or
when a food service establishment has a change of ownership, or when an existing
structure is converted to use as a food service establishment, properly prepared plans and
specifications for such construction, remodeling, change of ownership, or conversion
shall be submitted to the health department for review and approval before a food service
establishment permit may be issued. These plans are in addition to any plans required to
be submitted elsewhere in the code.
(b) The plans and specifications shall indicate the proposed layout, arrangement, mechanical
plans, types of construction material, in work areas and the type and model of proposed
fixed equipment to be installed. No food service establishment shall be constructed,
extensively remodeled or converted except in accordance with plans and specifications
approved by the regulatory authority. Food service establishment owners /operators shall
ensure during plans review, construction, and operation that their facilities comply with
all applicable ordinances and regulations of the city, including, but not limited to, the
city's adopted and amended plumbing, mechanical, electrical, building, fire prevention
codes and its zoning and subdivision ordinances.
(c) The regulatory authority shall inspect the food service establishment prior to the start of
operations to determine compliance with the approved plans and specifications, and the
requirements of this article.
Sec. 42 -137. Food preparation area.
Food preparation will not be permitted in sinks used for hand washing.
Sec. 42 -138. Equipment and food tagging.
(a) Whenever the regulatory authority shall find any article or piece of equipment or food
item to be detrimental to public health, such article shall be tagged or otherwise marked,
giving notice that the article is not to be used until approved and warning all persons not
to remove the tag or dispose of this article in violation of this section.
(b) Equipment in new or extensively remodeled establishments shall meet National
Sanitation Foundation standards or equivalent'as approved,by the regulatory authority.
(c) Existing equipment and facilities';•
(1) Refrigeration equipment shall meet the 41 degree Fahrenheit requirement or
replaced as specified in the TFER.
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(2) Equipment and facilities which were installed prior to July 21, 2002, and which
do not meet fully all of the design and fabrication requirements of this article,
shall be deemed acceptable in that establishment as long as there is no change of
ownership of the food establishment, and the equipment is in good repair, of
sufficient capacity to properly hold food, and capable of being maintained in a
sanitary condition, and the food - contact surfaces are nontoxic. Replacement
equipment and new equipment acquired after July 21, 2002, shall meet the
requirements of this article.
Sec. 42 -139. Manual cleaning and sanitizing.
(a) In food service establishments, a three - compartment sink shall be used if washing and
rinsing and sanitizing of utensils and equipment is done manually. Sinks shall be large
enough to permit the complete immersion of the utensils and equipment, and each
compartment of the sink shall be supplied with hot and cold potable running water.
Equipment, as approved by the regulatory authority, shall be made available if washing,
rinsing and sanitizing cannot be accomplished by immersion.
(b) Two - compartment sinks are not acceptable unless:
(1) it is approved by the regulatory authority per the TFER,
(2) the use of a cleanable approved receptacle to act as the third compartment for
sanitizing, and
(3) written standard operating procedures are posted at the two - compartment sink for
effectively sanitizing utensils and equipment.
All such sinks shall be attached to an approved sanitary sewer collection system. This
section shall apply to all food service establishments regulated by this article.
Sec. 42 -140. Garbage and refuse.
Garbage containers stored outside the food service establishment shall be conveniently
located and easily accessible to the establishment. All containers shall have lids and said lids
shall be in place at all times unless containers are being filled or emptied.
Sec. 42 -141. Restroom facilities.
(a) All food service establishments, required to be permitted, pursuant to this article must
have at least one approved restroom facility for employees. All food service
establishments where both sexes are employed must have at least two approved restroom
facilities, except where there are five or fewer employees on any one shift.
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• (b) All food service establishments with a dining area must have at least two approved
restroom facilities available for use by the public, one for each sex. Restrooms for public
use shall not be located in the food preparation, food storage, or ware washing areas. The
number of fixtures shall comply with the applicable provisions of the plumbing code.
(c) It shall be an exception to subsections (a) and (b) of this section if the food service
establishment is an approved mobile food service establishment that handles only
prepackaged, non - potentially hazardous foods.
Sec. 42 -142. Notice of communicable disease.
If any manager or person in charge of a food service establishment has reason to suspect
that any employee has contracted an 'contagious or infectious disease, he shall notify the health
authority immediately.
Sec. 42 -143. Inspected and approved products.
No person shall sell, offer to sell or expose for sale within the city any meat, meat food
product, poultry, poultry food product or domestic game birds unless state or federally inspected
and passed.
Sec. 42 -144. Uninspected foods.
No establishment where food is prepared or sold for human consumption shall have any
uninspected meat or wild game products on the premises at any time.
Sec. 42 -145. Dairy products.
Unpasteurized milk or milk products shall not be allowed for sale within the city.
Sec. 42 -146. Plumbing, Sewage, Grease traps, Garbage grinders, Drains.
(a) Plumbing.
(1) General. Plumbing shall be sized, installed and maintained in accordance with the
plumbing code. There shall be no cross - connection between the potable water
supply and any non - potable or questionable water supply nor any source of
pollution through which the potable water supply might become contaminated.
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® (2) Non potable water system. A non - potable water system is permitted only for
purposes such as air conditioning and fire protection and only if the system is
installed according to law and the non - potable water does not contact, directly or
indirectly, food, potable water, equipment that contacts food, or utensils. The
piping of any non - potable water system shall be durably identified so that it is
readily distinguishable from piping that carries potable water.
(b) Sewage, including liquid waste, shall be disposed of by a public sewage system. Non -
water carried' sewage disposal facilities are prohibited, except as permitted by TFER
§229.170.(h) relating to temporary food service establishments or as permitted by the
regulatory authority.
(c) Grease Traps.
(1) Effect of section.
a. The maintenance requirements of this section shall apply to all
commercial food preparation and food service establishments that are
equipped with some type of grease trap.
b. Both the construction and maintenance requirements of this section shall
apply to all new construction, changes in permit ownership or changes in
occupancy.
(2) Construction requirements.
a. Every commercial food preparation and food service establishment,
including, but not limited to, abattoirs, bakeries, boardinghouses, butcher
shops, cafes, clubhouses, delicatessens, ice cream parlors, hospitals,
hotels, restaurants, schools or similar places where meat, poultry, seafood,
dairy products or fried foods are prepared or served shall discharge all
wastes from sinks, dishwashers and drains into an approved and properly
maintained and functioning grease trap before entering the sanitary sewer
drain.
b. No frying vats shall discharge into a grease trap.
C. The grease- retaining capacity of each grease trap in pounds of grease shall
be equal to twice the rate of flow capacity in gallons per minute of
wastewater to remove and retain 90 percent of the grease discharged.
Manufactured grease traps shall be selected to fit the flow rate
requirements of the connected fixtures from the manufacturer's rating
schedule, but not to exceed a total flow rating of 50 gallons per minute.
In addition to the minimum retention rates above, the size, type and
location of each grease trap shall be designed and installed in accordance
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® with the manufacturer's instructions and the requirements of the plumbing
code.
d. When maximum efficiency grease removal is necessary, a dual chambered
trap that separates then stores grease shall be utilized. The primary
compartment shall hold seven times the maximum gallons - per - minute
flow rate and the secondary shall hold five times this flow rate.
e. The grease trap shall be easily accessible for cleaning and shall be
installed as close as possible to the grease source and shall be equipped
with a sample well for ease in sampling unless the construction of such
trap makes the sample well unnecessary.
f. Grease traps shall be located outside the food preparation area unless
otherwise approved by the regulatory authority.
(3) Maintenance requirements.
a. All commercial food preparation and food service establishment operators
shall cause the grease trap to be completely cleaned when full. Every
grease trap shall be completely cleaned not less than once every three
months.
b. The operator shall post trip invoices with his food service establishment
permit. The trip invoices shall contain the name and address of the food
service establishment; the name and address of the licensed waste carrier;
the name and address of the licensed disposal site; the signature of the
operator of the establishment, the waste carrier and the disposal site; and
the quantity and date of grease removal and disposal.
(d) Garbage grinders. If used, garbage grinders shall be installed and maintained according
to law.
(e) Drains. Except for properly trapped open sinks, there shall be no direct connection
between the sewage system and any drains originating from equipment in which food,
portable equipment, or utensils are placed. Floor drains must be properly covered with
drain grates.
Sec. 42 -147. Lavatory / Hand sink facilities.
(a) Hand sinks. A separate sink assigned for hand washing provided with hot and cold
running water tempered through a mixing valve shall be located to be accessible to each
food preparation and utensil washing area. Floor pedals, knee pedals, electronic eye and
metered faucets are allowable as long as they are convenient and effective.
(b) Lavatory supplies. Blow dryers are not allowed in food preparation areas.
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(c) Sign. A sign or poster that notifies food employees to wash their hands shall be provided
at hand - washing lavatories used by food employees and shall be clearly visible to food
employees.
Sec. 42 -148. Food supplies.
(a) Food prepared in a private home may not be used or offered publicly for human
consumption.
(b) It is an exception to subsection (a) of this section if a person:
(1) sells or serves at temporary events non - potentially hazardous baked goods; and
(2) maintains a master log with the providers name, address, and phone number,
which must be presented to the regulatory authority upon demand; and
(3) complies with all requirements of section 42 -149.
(c) Potentially hazardous foods can only be sold from a permitted fixed facility, an approved
mobile vending unit, or an approved temporary food establishment.
Sec. 42 -149. Temporary food service establishments, General.
(a) A temporary food service establishment shall comply with the requirements of this article
and the TFER except as otherwise provided in this section. The regulatory authority may
impose additional requirements to protect against health hazards related to the conduct of
the temporary food service establishment, may prohibit the sale of some or all potentially
hazardous foods, and when no health hazard will result, may waive or modify
requirements of this chapter.. The operation of a temporary food service establishment
may not exceed 14 consecutive days per event and shall not be renewable within 30 days
of expiration.
(b) If the temporary food service establishment is outdoors, every food preparation and
serving area must have a fire- resistant overhead covering that protects the interior of the
facility from the weather. Floors must be constructed of concrete, asphalt, tight wood or
other similar easily cleanable material, and kept in good repair.
(c) All potentially hazardous food shall be prepared' in' a permitted food establishment or on
the premises. No potentially, hazardous food or beverage stored or prepared in a private
home may be offered for sale,` sold or given away .from a temporary or seasonal food
facility. Notwithstanding any provision of this article to the contrary, food prepared in a
kitchen of a private home that is not licensed hereunder may be offered for sale or service
for human consumption, subject to full compliance with the following requirements:
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•
(1) the items offered for sale or given away shall be limited to baked food products
that are not potentially hazardous;
(2) the items are offered for sale at a function conducted by or under the auspices of a
sponsoring organization, which may be a school or religious or non - profit
organization;
(3) the sale shall not be conducted in a food establishment except that if the
sponsoring organization is a food establishment then the sale may be conducted
on it's premises, provided that the sale is conducted separately and apart from the
sponsoring organization's food sales or service;
(4) the consumer is informed by a clearly visible placard at the sales or service
location that the food was prepared in a kitchen that is not subject to regulation
and inspection by the city or any other health inspection agency. The person
conducting the bake sale shall provide the placard, which shall be in a form
approved by the regulatory authority, and
(5) a master list shall be maintained by the sponsoring organization with the name,
address, and phone number of the person providing the baked food products.
(d) The regulatory authority may establish additional structural or operational requirements
as necessary to ensure that food is of a safe and sanitary quality.
Sec. 42 -150. Restricted operations.
(a) These provisions are applicable whenever a temporary food service establishment is
permitted, under the provisions of section 42 -149, to operate without complying with all
the requirements of this article.
(b) Only those potentially hazardous foods requiring limited preparation, such as
hamburgers, sausage, fajitas, and frankfurters that only require seasoning and cooking,
shall be prepared or served unless otherwise approved by the health authority. The
preparation or service of other potentially hazardous foods, including pastries filled with
cream or synthetic cream, custards, and similar products, and salads or sandwiches
containing meat, poultry, eggs or fish are prohibited. This prohibition does not apply,
however, to any potentially hazardous food that has been prepared or packaged under
conditions meeting the requirements of this chapter, is obtained in individual servings, is
stored at a temperature of 41 degrees Fahrenheit (five degrees Celsius) or below, or at a
temperature of 140 degrees Fahrenheit (60 degrees Celsius) or above, in facilities that
meet the requirements of this article, and is served directly in the unopened container in
which it was packaged.
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0 See. 42 -151. Farmer's Markets.
(a) No person shall vend fresh fruits, vegetables, or other produce or operate a farmer's
market without a valid food establishment permit issued by the regulatory authority.
(b) Farmer's markets shall be located only on properly zoned private property. An active
business other than the farmer's market shall be currently operating on the property. The
owner or operator of the farmer's market shall obtain a notarized letter from the business
owner stating that the market has permission to vend fresh fruits, vegetables or other
produce on the property. The notarized letter shall be submitted to the regulatory
authority at the time of a food establishment permit application.
(c) Fresh fruits, vegetables or other produce displays shall be confined to the bed of a vehicle
or to tables that are at least six inches above the ground. Fresh produce shall not be cut or
sliced. Displays shall be located on acceptable smooth, hard, paved surfaces such as
concrete or machine laid asphalt.
(d) Conveniently located toilet facilities shall be available for market vendors. A notarized
letter from the business owner granting the market vendors access to toilet facilities
during all hours of the farmer's market operation shall be submitted with the food
establishment permit application. A copy of the letter shall be made available to the
regulatory authority upon request. All toilets shall conform to the city code and shall have
tight fitting, self - closing solid doors. Toilet rooms and fixtures shall be clean and in good
repair. Toilet paper shall be available and easily accessible at all times. Toilets accessible
to women shall have a trash receptacle that is covered with a lid.
(e) A hand wash lavatory with hot and cold water under pressure and tempered through a
mixing valve shall be provided in or immediately adjacent to the toilet room. A soap
dispenser and disposable paper towels shall be available at all times. All wastewater shall
be captured and disposed of in an approved sewage disposal system.
{f) The permit holder shall ensure that all trash, refuse and garbage are removed from the site
at the end of each day or that trash, refuse and garbage is placed in appropriate containers
for later disposal. The premises occupied by the farmer's market shall be kept clean and
free of accumulated trash, refuse or garbage during and after the hours of operation. All
discarded fresh fruits, vegetables or other produce that remains at the market site shall be
sealed in plastic bags and discarded in waste containers. Sufficient durable, nonabsorbent
and easily cleanable, leak proof, rodent and insect -proof refuse and garbage containers
shall be available on site.
(g) Individual vendors selling produce at a permitted farmer's market are exempt from
obtaining a food establishment permit.
(h) The owner or operator of a farmer's market commits an offense if the farmer's market is
® operated in violation of any provision of this section.
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0 Sec. 42 -152. Ventilation.
(a) General. All rooms shall have sufficient ventilation to keep them free of excessive heat,
steam, condensation, vapors, obnoxious odors, smoke and fumes. Ventilation systems
shall be installed and operated according to the city's building code, kept clean,
maintained in good repair, vented to the outside, and shall not create an unsightly,
harmful or unlawful discharge.
(b) Special ventilation.
(1) Intake and exhaust air -ducts shall be maintained to prevent the entrance of dust,
dirt, and other contaminating materials.
(2) In new or extensively remodeled establishments, all rooms from which obnoxious
odors, vapors, or fumes originate shall be mechanically vented to the outside.
Sec. 42 -1.53. Mobile Food Establishments.
(a) General.
(1) Pushcarts shall be limited to pre - packaged ice cream or pre - packaged non -
potentially hazardous food as approved by the regulatory authority.
(2) Food prepared in a private home may not be used or offered for human
consumption from a mobile food establishment. Food must comply with all
labeling laws.
(b) Water system. A mobile food establishment requiring a water system shall have a potable
water system under pressure. The system shall be of sufficient capacity to furnish enough
hot and cold water for food preparation, utensil cleaning and sanitizing and hand
washing, in accordance with the requirements of this chapter. The water inlet shall be
located in such a position that it will not be contaminated by waste discharge, road dust,
oil or grease, and it shall be kept capped when not being filled. The water inlet shall be
provided with a transition connection of a size or type that will prevent its use for any
other service. All water distribution pipes or tubing shall be constructed and installed in
accordance with the requirements of this chapter.
(c) Waste retention. If liquid waste results from operation of a mobile food establishment,
the waste shall be stored in a permanently installed retention tank that is of at least 15
percent larger capacity than the water supply tank. Liquid waste shall not be discharged
from the retention tank when the mobile food establishment is in motion. All liquid waste
shall be disposed of in compliance with all existing laws and regulations of or applicable
to the city. All connections on the vehicle for servicing mobile food establishment waste
disposal facilities shall be of different size and type than those used for supplying potable
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® water to the mobile food establishment. The waste connection shall be located lower than
the water inlet connection to preclude contamination of the potable water system.
(d) Registration. Mobile food establishments must comply with all state and local laws
pertaining to registration of the vehicle.
(e) Restroom required. At least one toilet shall be provided as specified in section 42 -141
and the TFER section 229.166(g)(2) and installed as specified in TFER section 229.169
on each mobile food establishment that prepares and serves potentially hazardous food.
Mobile food establishments that do not prepare potentially hazardous foods but only
serve pre - packaged non - potentially hazardous foods prepared off premise from an
approved source are exempt from this requirement. Mobile food establishments that do
not sell or serve potentially hazardous foods are also are exempt from this requirement.
(f) Mobile requirement. All mobile food establishments shall move and vacate the premise
of the business location on a daily basis; overnight parking at the business location is
prohibited. At the end of each business day, the mobile food establishment shall return to
the commissary or other service location as approved by the regulatory authority.
(g) Mobile food establishments shall operate from a commissary or other fixed food service
establishment and shall report at .least daily to such location for all supplies and for all
cleaning and servicing operations. A letter from the commissary is required at the time of
permit application and at each renewal of the permit.
(h) The commissary or other fixed food service establishment, used as a base of operation for
mobile food establishments, shall be constructed and operated• in compliance with the
requirements of this article or by the approval of the regulatory, authority.
DIVISION 2. PERMIT
Sec. 42 -176. Application.
(a) Any person desiring to operate a food service or food processing establishment shall
make written application and pay the non - refundable fee as provided in section 42 -178 of
this article. Such application shall include, but not be limited to, the following:
(1) The applicant's full name, post office address and street address;
(2) Whether such applicant is an individual, firm or corporation and, if a partnership,
the name of each partner and his address;
(3) The location and type of the proposed food service establishment;
(4) The signature of the applicant; and
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® (5) All other information deemed necessary by the director of the department of
health.
(b) If the application is for a temporary food service establishment, it shall also include the
inclusive dates of the proposed operation. The application must be received at least 48
hours in advance of the event. If the application is received less than 48 hours in advance
of the event, the required fee will be twice the normal fee as required in section 42 -178 of
this article.
(c) The regulatory authority may not issue a .permit or conduct a plans review until all
requisite fees have been paid. .
Sec. 42 -177. Food Manager Certification.
(a) The owner or operator of an establishment which handles open food and which has seven
or more food handlers on duty at any time shall make certain that at least one certified
food manager is on duty during all hours of operation. This manager shall have
completed a food service manager's certification course from any accredited institution
or firm of his choice as approved by the regulatory authority.
(b) The owner or operator of an establishment which handles open food and which has six or
less food handlers on duty at any time shall not be required to have a certified manager
on duty during all hours of operation but are required to have at least one certified food
manager employed per establishment. In the event when the certified food manager is not
on duty all of the food handlers on duty shall have completed a food handlers course from
any accredited institution or firm as approved by the regulatory authority.
(c) Establishments that have fluctuations in employee staffing such as retail grocery stores
and convenience stores with fewer than seven food handlers shall not be required to have
a certified food manager on duty during all hours of operations but are required to have at
least one certified food manager employed per establishment.
(d) Temporary food establishments and establishments that serve, sell, or distribute only
prepackaged non - potentially hazardous foods are exempt from this section.
Sec. 42 -178. Fees.
(a) The fee schedule shall be as follows:
(1) Food or food service establishment permit application types and fees:
High -risk
1 -9 employees: $150.00
10+ employees: $300.00
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• Medium -risk: $150.00
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Low -risk: $75.00
Daycare facilities: $75.00
Food Processing Plant: $300:04
(2) Temporary food establishment_permit: $15.00 application fee and $10.00 per day
of the event up to 14 days.
(3) Permit Renewal Late fee: $25.00 for renewal applications received after
January 31.
(4) Plans review: $25.00
(5) Mobile food units:
High -risk: $200.00
Medium -risk: $125.00
Low -risk: $75.00
(b) No fee shall be charged to any food establishment owned and operated by a governmental
agency, independent school district, institution of purely public charity, or church;
however, such establishments shall comply with all other requirements of this article.
Sec. 42 -179. Inspection of premises.
Upon receipt of an application for a permit required under this division, the regulatory
authority shall make an inspection of the food service establishment to determine compliance
with the provisions of this article.
Sec. 42 -180. Issuance.
When inspection reveals that the applicable requirements of this article have been met, a
food service establishment permit shall be issued to the applicant by the health authority. Only a
person who complies with the requirements of this article shall be entitled to receive and retain
such a permit.
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0 Sec. 42 -181. Term.
Permits for food service establishments shall be issued for a period not to exceed one
year, expiring on December 3151 of each year.
See. 42 -182. Term for temporary establishment.
A permit for a temporary food service establishment shall be issued for a period not to
exceed 14 days and for a specific location. This permit shall not be renewable within 30 days of
expiration.
Sec. 42 -183. Posting.
A valid permit issued under this division shall be conspicuously posted in every food
service establishment. Every approved mobile food unit shall display a yearly mobile permit
sticker on the rear of the vehicle. The latest inspection form shall also be conspicuously posted
with or near the valid permit in every food service establishment.
Sec. 42 -184. Transferability.
A permit issued under this article shall be nontransferable from one person or place to
another person or place. Permits will remain the property of the health department.
Sec. 42 -185. Suspension.
(a) A permit issued under this division may be suspended by the health authority for failure
of the holder to comply with the requirements of this article. Whenever a permit holder or
operator has failed to comply with any notice issued under this article, the permit holder
or operator shall be notified in writing that the permit is, upon service of the notice,
immediately suspended and that an opportunity for a hearing will be provided if a written
request for a hearing is filed with the health authority by the permit holder within ten
days of receipt of notice of suspension.
(b) Notwithstanding the other sections of this article, whenever the health authority finds
unsanitary or other conditions in the operation of a food service establishment that in his
judgment constitute a substantial hazard to the public health, he may, without warning,
notice or hearing, issue a written notice to the permit holder or operator citing such
condition, specifying the corrective action to be taken. If deemed necessary, such order
shall state that the permit is immediately suspended, and all food service operations are to
be immediately discontinued. Any person to whom such an order is issued shall comply
immediately therewith, but upon written petition to the health authority shall be afforded
a hearing as soon as possible.
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10 (c) The permit may also be suspended when food service establishment receives a failing
score. The establishment shall not reopen until approved by the health authority.
(d) Any person whose permit has been suspended under this section may, at any time, make
application for a re- inspection for the purpose of reinstatement. The application shall
include a statement signed by the applicant that, in his opinion, the conditions causing
suspension of the permit have been corrected. At that time the health authority shall make
a re- inspection, during regular health department hours of operation. If the applicant is
complying with all the requirements of this article, the permit shall be reinstated.
Sec. 42 -186. Revocation.
(a) For critical or repeated violations of any of the requirements of this article or for
interference with the health authority in the performance of this duties, a permit issued
under this division may be revoked with no right of reinstatement after an opportunity for
a hearing has been provided by the health authority. Prior to such action, the health
authority 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 revoked
at the end of ten days following service of such notice, unless a request for a hearing is
filed with the health authority by the permit holder within such ten -day period. A permit
may be suspended for cause pending its revocation or a hearing relative thereof.
(b) The hearing provided for in this section shall be conducted by the city council at a time
and place designated by it.
DIVISION 3. INSPECTION AND ENFORCEMENT
Sec. 42 -216. Authority / Enforcement.
(a) The provisions of this article shall be enforced by the regulatory authority. The regulatory
authority has the authority to issue citations to persons violating the provisions of this
article. It shall be unlawful for any person to interfere with the regulatory authority in the
performance of his duties as prescribed in this article.
(b) The regulatory authority, after proper identification, shall be permitted to enter any food
service establishment at any reasonable time, for the purpose of making inspections to
determine compliance with this article. The regulatory authority shall be permitted to
examine the records of the establishment to obtain information pertaining to food and
supplies purchased, received, or used, and to persons employed. If a person denies
access to the regulatory authority, the regulatory authority shall inform the person that:
(1) the food establishment is required to allow access to the regulatory authority as
specified under this subsection;
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•
(2) access is a condition of the acceptance and retention of a food establishment
permit to operate as specified under section 42 -180; and
(3) if access is denied, the food establishment permit is automatically suspended and
the business must immediately cease operations as specified under section 42-
185.
(c) The regulatory authority shall have the right and power to request and require any person
to give his true name and residence address to such regulatory authority when acting in
an official capacity in matters connected with the health department. It shall be unlawful
for any person to intentionally refuse to report to give false report of his name or
residence address to the regulatory authority who has requested the information when
acting in an official capacity in a matter connected with the health department.
Sec. 42 -217. Penalty.
A violation of any of the provisions of this article shall constitute an offense affecting
public health and sanitation and upon conviction is punishable as provided in section 1 -14.
Sec. 42 -218. Inspections.
The health authority shall inspect each food service establishment located within the city
and shall make as many additional inspections and re- inspections as are necessary for the
enforcement of this article. Whenever an inspection is made of a food service establishment, the
findings shall be recorded on the inspection report form provided by the regulatory authority. A
copy of the inspection report form shall be furnished to the owner or person in charge at the
completion of the inspection and constitutes a written notice. The inspection report form shall
summarize the requirements of this article. The completed form is a public document that shall
be posted for public view with the food establishment permit and made available for public
disclosure to any person who requests it. It shall be unlawful to remove the inspection form.
Sec. 42 -219. Inspection period.
Under this article, inspection frequency shall be determined by the regulatory authority
based on generally recognized standards that protect public health.
See. 42 -220. Inspection report form.
Under this article, inspection forms will be provided by the health department.
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Section 3: Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding
TWO THOUSAND AND N01100 DOLLARS ($2,000.00). Each act of violation and each day
upon which any such violation shall occur shall constitute a separate offense. In addition to the
penalty prescribed above, the city may pursue other remedies such as abatement of nuisances,
injunctive relief, administrative adjudication and revocation of licenses or permits.
Section 4: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 5: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 6: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official newspaper of the City of Baytown at
least twice within ten (10) days after the passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 11th day of July, 2002.
,, r. 44"- -
PETE C. ALFARO, Nfayor
ATTEST:
Y SETH, City Clerk
APPROVED AS TO FORM:
eTYNACIO RAMIREZ, R City Attorney
FAKarcnTiles \City Cotmci110rdinancesTaytown food code final draft 070802 plain copy.doc
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