Ord 53-2015 11/17/2015
Ordinance No. _53-2015__
Ordinance amending the Code of Ordinances of the City of Wichita
Falls to revise Chapter 26 to conform to updated state laws &
regulations; providing a penalty not to e xceed $500 upon conviction;
providing for codification; and declaring an emergency
WHEREAS, changes to the Texas Health And Safety Code and Texas
Occupations Code have altered definitions and requirements which must be accounted
for in the Code of Ordinances such that the City Health Department may operate in
conformity with the latest version of the laws of the State; and,
WHEREAS, the City Health Department has the authority to require that
individuals working in food establishments within the City of Wichita Falls demonstrate
sufficient knowledge to satisfy the Health Department that they are capable of safely
handling food items to ensure the health and safety of the citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. Food and Food Vendors and Establishments
Chapter 26, Business Regulations, is hereby amended at Article VI, Division 1,
Food and Food Vendors and Establishments, in its entirety to read as follows:
“ARTICLE VI. - FOOD AND FOOD VENDORS AND ESTABLISHMENTS
DIVISION 1. - GENERALLY
Sec. 26-421. - 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:
Central preparation facility means a location for supplies, cleaning, food prep and
servicing operations by mobile food establishments.
Food means a raw, cooked or processed edible substance, ice, beverage or ingredient
used or intended for use or for sale in whole or in part for human consumption, or
chewing gum.
Food establishment:
(1) Means an operation that stores, prepares, packages, serves, vends, or otherwise
provides food for human consumption:
a. Such as a restaurant; retail food store; satellite or catered feeding location;
catering operation if the operation provides food directly to a consumer or to a
conveyance used to transport people; market; vending location; (machine)
self-service food market, conveyance used to transport people; institution; or
food bank; and
b. 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 orders, or delivery service that is provided by common
carriers.
(2) Includes:
a. An element of the operation such as a transportation vehicle or a central
preparation facility that supplies a vending location or satellite feeding location
unless the vending or feeding location is permitted by the regulatory authority;
and
b. An operation that is conducted in a mobile, stationary, temporary, or
permanent facility or location; where consumption is on or off the premises;
and regardless of whether there is a charge for the food.
(3) Does not include:
a. An establishment that offers only prepackaged foods that are not potentially
hazardous as that phrase is defined by 25 Texas Administrative Code §
229.162; time/temperature control for safety food;
b. A produce stand that only offers whole, uncut fresh fruits and vegetables;
c. A food processing plant;
d. A cottage food production operation as defined by Texas Health and Safety
Code § 437.001196;
e. An area where food that is prepared as specified in subsection (3)d. above in
a cottage food production operation is sold or offered for human consumption;
f. A "bed and breakfast limited" facility as that phrase is defined by 25 Texas
Administrative Code § 229.162 228.2; if the consumer is informed by
statements contained in published advertisements, mailed brochures, or
placards posted at the registration area that the food is prepared in a kitchen
that is not regulated and inspected by the Wichita City/County Public Health
District; or
g. A private home that receives catered or home -delivered food.
Frozen dessert(s) means soft serve and frozen yogurt.
Frozen dessert pre-mix means any raw dairy-based product used to create a frozen
dessert.
Frozen yogurt means a food produced by the bacterial fermentation of milk and served
frozen or partially frozen.
Highly susceptible population means persons who are more likely than other people in
the general population to experience foodborne disease because they are:
(1) Immunocompromised; preschool age children, or older adults; and
(2) Obtaining food at a facility that provides services su ch as custodial care, health
care, or assisted living, such as but not limited to a child or adult day care center,
kidney dialysis center, hospital or nursing home, or nutritional or socialization
services such as a senior center.
Imminent hazard to public health means a significant threat or danger to health that is
considered to exist when there is evidence sufficient to show that a product, practice,
circumstance, or event creates a situation that requires immediate correction or
cessation of operation to prevent illness based on:
(1) The number of potential illnesses, and
(2) The nature, severity, and duration of the anticipated illnesses.
Laboratory means a biological, physical or chemical laboratory which is under the
supervision of the state or local health authority.
Mobile food establishment Unit (MFU) means a vehicle-mounted food establishment
that is readily moveable. The term "mobile food establishment" includes carts or trailers
that are on wheels and designed to be drawn by a motor vehicle, regardless of whether
the cart or trailer is fastened to a motor vehicle at any given time. A vehicle mounted,
self or otherwise propelled, self-contained food service operation, designed to be readily
movable (including, but not limited to catering trucks, trailers, push carts, and roadside
vendors) and used to store, prepare, display, serve or sell food. Mobile units must
completely retain their mobility at all times. A Mobile Food Unit does not mean a stand
or a booth. A roadside food vendor is classified as a MFU.
Mobile food establishment unit operation means the business of a mobile food
establishment unit or mobile food hand-cartpushcart.
Mobile food hand-cartpushcart means any mobile food establishment that is primarily
moved by human power rather than being drawn by a motor vehicle which produces or
vends hazardous or perishable foods. A non-self-propelled Mobile Food Unit limited to
serving foods requiring a limited amount of preparation as authorized by the regulatory
authority and is readily movable by one or two persons. A pushcart is classified as a
Mobile Food Unit. A pushcart does not include non-self-propelled units owned and
operated within a retail food store. This type of mobile unit requires the support of a
Central Preparation Facility.
Outdoor food court means a lot or parcel of land established to provide facilities allowing
two or more mobile food establishmentmobile food units to be parked on the property
for the purpose of vending to the public on that property.
Person in Charge (PIC) The individual present at a food establishment who is
responsible for the operation at the time of inspection.
Process means the method or amount of preparation of food utilized by a food
establishment before the food is provided to the individual who will consume it.
Regulatory authority means the city-county public health district.
Soft serve means a food similar to i ce cream which is created by the combination of air
and dairy-based ingredients in a machine at the point of sale.
State rules means the state rules found at 25 Texas Administrative Code, chapter 229,
§§ 161-171 and 173-175 §§ 228.1, 228.2, 228.31-228.45, 228.61-228.83, 228.101-
228.125, 228.141-228.154, 228.171-228.186, 228.201-228.213, 228.221-228.225,
228.241-228.257, and 228.271- 228.278. These rules are also known as the Texas
Food Establishment Rules.
Vend and vending mean to sell, serve or otherwise provide food for human
consumption.
(Code 2001, § 26-421; Ord. No. 81-2009, § 1, 11-3-2009; Ord. No. 04-2015, § 1, 1-6-2015)
Sec. 26-422. - Rules of state Board of Health adopted.
The city adopts by reference the provisions of the current rules or the rules as amended
by the state Board of Health found in 25 Texas Administrative Code, chapter 229, §§
161-171 and 173-175 §§ 228.1, 228.2, 228.31-228.45, 228.61-228.83, 228.101-
228.125, 228.141-228.154, 228.171-228.186, 228.201-228.213, 228.221-228.225,
228.241-228.257, and 228.271- 228.278. regarding the regulation of food
establishments.
(Code 2001, § 26-422; Ord. No. 81-2009, § 1, 11-3-2009; Ord. No. 04-2015, § 1, 1-6-2015)
Sec. 26-423. - Cleaning standards for commercial cooking equipment adopted.
All food equipment in use for commercial cooking within the city must be certified or
classified for sanitation by an American National Standards Institute (ANSI)-accredited
certification program. Standards applicable to the materials, design and construction of
commercial cooking equipment shall apply only to equipment installed after December
3, 2009.
(Code 2001, § 26-423; Ord. No. 81-2009, § 1, 11-3-2009; Ord. No. 04-2015, § 1, 1-6-2015)
Sec. 26-424. - Compliance with applicable laws required.
All persons who manage, operate, accept employment in, or are employed in any food
establishment shall comply with all applicable federal and state statutes and regulations
and with all applicable sections of this Code and city ordinances.
(Code 2001, § 26-424; Ord. No. 81-2009, § 1, 11-3-2009)
Secs. 26-425—26-450. - Reserved.”
2. Food Service Establishments
Chapter 26, Business Regulations, is hereby amended at Article VI, Division 2,
Food Service Establishments, in its entirety to read as follows:
“DIVISION 2. - FOOD SERVICE ESTABLISHMENTS
Subdivision I. - In General
Secs. 26-451—26-475. - Reserved.
Subdivision II. - Permit
Sec. 26-476. - Permit required.
A person may not operate a food establishment without a valid, current permit issued by
the regulatory authority. Permits are not transferable from one person to another or from
one location to another location, except as otherwise permitted by this divisi on. A valid
permit must be posted per section 26-479 in or on every food establishment regulated
by this division.
(Code 2001, § 26-476; Ord. No. 81-2009, § 1, 11-3-2009; Ord. No. 04-2015, § 2, 1-6-2015)
Sec. 26-477. - Application and renewal.
(a) Any person desiring to operate a food establishment must make written
application for a permit on forms provided by the regulatory authority. The
application must contain the name and address of each applicant, the location
and type of the proposed food establi shment, and any information required by
section 26-480. The application must be submitted with the applicable fee. An
incomplete application will not be accepted.
(b) Failure to provide all required information or falsifying information required may
result in denial or revocation of the permit.
(c) All permits issued under this subdivision shall remain in force for one year from
the date of issuance unless revoked or suspended by the regulatory authority.
Permit fees shall be paid to the regulatory authority at the time of application for
initial permits and 15 days prior to permit expiration for renewal permits. All
permit holders, including nonprofits, that submit renewal applications or fees after
the permit expires will be assessed a late charge. A complete application with
updated information is required for each renewal permit. Any changes to the
physical facility, menu or equipment must be reported to the regulatory authority
when renewing permits.
(Code 2001, § 26-477; Ord. No. 81-2009, § 1, 11-3-2009; Ord. No. 04-2015, § 2, 1-6-2015)
Sec. 26-478. - Inspection.
Prior to the approval of an initial food establishment permit or the renewal of an existing
permit, the regulatory authority shall inspect the proposed food establishment to
determine compl iance with applicable laws and state rules. A food establishment that
does not comply with applicable laws and state rules will be denied a permit or the
renewal of a permit.
(Code 2001, § 26-478; Ord. No. 81-2009, § 1, 11-3-2009)
Sec. 26-479. - Compliance required; posting; term; fee.
(a) Only persons who comply with the requirements of this division shall be entitled
to receive and retain a permit required by this subdivision. Such permit shall be
posted in a conspicuous place in public view in or on the food establishment. All
permits issued under this subdivision remain in force one year from the date of
issuance unless revoked or suspended.
(b) The following permits will be issued under this subdivision:
(1) Process 1: low to moderate risk. This process involves food sale with or
without preparation and includes no cooking. Generally, the steps in this
process are: Receive → Store → Prepare → Hold → Serve → Vend.
(2) Process 2: high risk. This process involves food preparation for same day
service. Generally, the steps in this process are: Receive → Store →
Prepare → Cook → Hold → Serve.
(3) Process 3: very high risk. This process involves complex food preparation.
Generally, the steps in this process are: Receive → Store → Prepare →
Cook → Cool → Reheat → Hot Hold → Serve. Additionally, this process
permit is required for:
(i) Any prepared foods that require a Hazard Analysis Critical Control
Point Plan as defined by 25 Texas Administrative Code § 228.2
(64)24(d).
(ii) Any foods prepared for highly susceptible populations; or
(iii) Foods determined by the health district to be very high risk.
(4) Temporary events. These events last no more than seven consecutive
days and applicants are limited to seven temporary event permits per
year. No annually permitted establishment shall allow temporary event
food vending at their site unless a temporary event application has been
submitted to the regulatory authority.
(5) Seasonal permit. Any facility which operates for a period of no more than
six consecutive months out of a 12-month period from January to
December and has a limited menu that does not offer very high risk foods
may apply for a seasonal permit instead of a Process 1 or 2 permit.
(Code 2001, § 26-479; Ord. No. 81-2009, § 1, 11-3-2009; Ord. No. 04-2015, § 2, 1-6-2015)
Sec. 26-480. - Review of plans.
(a) Whenever a food establishment is constructed or more than 20 percent of its
square footage is remodeled or whenever an existing structure is converted to
use as a food establishment, plans and specifications properly prepared for such
construction, remodeling or conversion shall be submitted to the City of Wichita
Falls Building Inspection Division for dissemination to the regulatory authority for
review before work is begun, except mo bile food establishmentmobile food units
which shall submit plans directly to the regulatory authority. If the structure is
over 2,500 square feet or the cost of the structure exceeds $50,000, the plans
must be submitted by an architect or engineer. The submitted plans and
specifications shall indicate the proposed layout, equipment arrangement,
mechanical plans and construction of materials of work areas, and the type and
model of proposed fixed equipment and facilities. Every commissary shall
additionally submit plans showing refrigerated and dry storage areas reserved for
mobile unit use. Food establishments that have been closed and are being
reopened under new management as the same type of establishment shall be
required to submit new equipment specifications and a floor plan of the food
establishment. The regulatory authority shall approve the plans and
specifications if they meet the requirements of the rules adopted by this division.
The approved plans and specifications must be followed in construction,
remodeling or conversion.
(b) Failure to follow the approved plans and specifications will result in a permit
denial, suspension, or revocation.
(c) The regulatory authority may collect fees in consideration of reviewing plans as
established by separate ordinance.
(Code 2001, § 26-480; Ord. No. 81-2009, § 1, 11-3-2009; Ord. No. 04-2015, § 2, 1-6-2015)
Sec. 26-481. - Suspension.
(a) The regulatory authority may, without warning, notice, or hearing, suspend any
permit to operate a food establishment if the operation of the food establish ment
constitutes an imminent hazard to public health. A supervisor at the regulatory
authority will confirm the hazard before suspension is effective when possible.
Suspension is effective upon service of the written notice required by this
subdivision. When a permit is suspended, food operations shall immediately
cease. The regulatory authority may end the suspension at any time if the reason
for suspension no longer exists.
(b) Whenever a permit is suspended, the holder of the permit or the person in
charge of the food establishment at the time of suspension shall be notified in
writing that the permit is, upon service of the notice, immediately suspended.
Opportunity for a hearing will be provided if the holder of the permit files a written
request with the regulatory authority within ten days of receipt of written notice of
suspension. Whenever a permit is suspended and a request for hearing made,
the holder of the permit shall be afforded a hearing within 20 days of the receipt
by the regulatory authori ty of a request for a hearing. If no written request for a
hearing is filed within ten days, the suspension is sustained. The regulatory
authority may end the suspension at any time if reasons for suspension no longer
exist.
(Code 2001, § 26-481; Ord. No. 81-2009, § 1, 11-3-2009)
Sec. 26-482. - Revocation of permit.
The regulatory authority may, after providing opportunity for a hearing, revoke a food
establishment permit for serious or repeated violations of any of the requirements of this
division or for interference with the regulatory authority in the performance of its duties.
Prior to revocation, the regulatory authority shall notify the holder of the permit or the
person in charge of the food establishment at the time of revocation, in writing, of the
reason for which the permit is subject to revocation. The per mit shall be revoked at the
end of ten days following service of such notice unless the holder of the permit files a
written request for a hearing with the regulatory authority within such ten -day period. If
no request for a hearing is filed within the ten -day period, the revocation of the permit
becomes final.
(Code 2001, § 26-482; Ord. No. 81-2009, § 1, 11-3-2009; Ord. No. 04-2015, § 2, 1-6-2015)
Sec. 26-483. - Service of notice; conduct of hearings.
(a) A notice as required in this subdivision is prop erly served when it is delivered to
the holder of the permit or the person in charge of the food establishment at the
time of the notice or when it is sent by registered or certified mail, return receipt
requested, to the last known address of the holder o f the permit. A copy of the
notice shall be filed in the records of the regulatory authority.
(b) The regulatory authority shall conduct the hearings provided for in this
subdivision at a time and place designated by the regulatory authority. Based
upon the recorded evidence of such hearing, the regulatory authority shall make
final findings and shall sustain, modify or rescind any notice or order considered
in the hearing. The regulatory authority shall furnish a written report of the
hearing decision to the holder of the permit.
(c) The regulatory authority may charge re-inspection fees for compliance
inspections scheduled as a result of a revocation hearing that may require
additional inspections. Fee amounts will be set by separate ordinance.
(Code 2001, § 26-483; Ord. No. 81-2009, § 1, 11-3-2009; Ord. No. 04-2015, § 2, 1-6-2015)
Secs. 26-484—26-510. - Reserved.
Subdivision III. - Frozen Dessert Regulations
Sec. 26-511. - Frozen dessert standards.
(a) All frozen desserts must meet the following standards:
(1) Maximum temperature: 41 degrees Fahrenheit.
(2) Maximum total coliform: 150/ml.
(b) All soft serve must meet the following standard: Maximum standard plate count:
200,000/ml.
(Code 2001, § 26-511; Ord. No. 81-2009, § 1, 11-3-2009)
Sec. 26-512. - Frozen dessert certification required.
(a) Every food establishment that prepares, serves, provides, sells, displays or
stores for future sale, or offers for sale frozen desserts for human consumption
must have a frozen dessert certification in addi tion to its permit, regardless of
permit category.
(b) In order to receive and maintain a frozen dessert certification:
(1) One employee from each mobile, stationary, temporary, seasonal or
permanent facility or location must attend and successfully complete
frozen dessert training. Such training is good for two years. The regulatory
authority will provide frozen dessert traini ng four times a year to provide
instruction in general operation, cleaning and maintenance procedures.
(2) At least one sample of any frozen dessert pre -mix and one sample of any
final frozen dessert product shall be sampled annually by the regulatory
authority from each machine operated by a food establishment. Each
sample will be submitted to an approved laboratory for analysis of its
content.
(3) If any samples collected from a food establishment are not within the
standards established in section 26-511, additional samples will be
collected and an inspection of the equipment and facility will be conducted
to determine the reason for the violation of the standards. No food
establishment shall adopt any procedures that would result in repeated
failures of the first samples collected for any annual inspection. Two
consecutive frozen dessert samples determined by laboratory analysis to
be above the limits of the standards will result in suspension of the permit
to operate the food establishment or suspensio n of the frozen dessert
certification. A resample and inspection fee will be charged for each
consecutive inspection and sample tested after a permit or certification
has been suspended.
(c) The certification shall be posted in a conspicuous place in publ ic view.
(d) All certifications issued under this subdivision shall remain in force for one year
from the date of issuance unless revoked or suspended.
(Code 2001, § 26-512; Ord. No. 81-2009, § 1, 11-3-2009; Ord. No. 04-2015, § 3, 1-6-2015)
Sec. 26-513. - Suspension, revocation and reinstatement of frozen dessert
certification.
(a) A frozen dessert certification issued under this subdivision may be suspended or
revoked by the regulatory authority upon the violation by the holder of any of the
terms of this article.
(b) Any person or food establishment whose frozen dessert certification has been
suspended or revoked shall immediately discontinue the preparation, service,
provision, sale, display or storage for future sale of frozen dessert until the
defects that caused the suspension have been corrected and the certification
reinstated. Following correction, the applicant may request reinstatement of the
certification by the regulatory authority. The regulatory authority may require the
certification holder to demonstrate proper cleaning procedures and maintenance
of the frozen dessert equipment before reinstating the certification.
(c) Notice of suspension or revocation, and the conduct of hearing for any
suspension or revocation of a frozen dessert certification shall be conducted
under the procedures established in sections 26 -481 through 26-483
(Code 2001, § 26-513; Ord. No. 81-2009, § 1, 11-3-2009)
Sec. 26-514. - Labeling.
All frozen dessert products and frozen dessert pre -mix not sold at the point of
manufactured origin must be properly labeled according to current Food and Drug
Administration guidelines.
(Code 2001, § 26-514; Ord. No. 81-2009, § 1, 11-3-2009)
Sec. 26-515. - Vending without certification.
It shall be unlawful for any person to prepare, serve, pro vide, sell, display or store
for future sale, or offer for sale frozen desserts at a food establishment that does not
hold a current frozen dessert certification.
(Code 2001, § 26-515; Ord. No. 81-2009, § 1, 11-3-2009)
Sec. 26-516. - Possession or receiving from manufacturer without certification.
It shall be unlawful for any person to receive into the city for sale or to offer for sale
in the city or to have in storage for future sale ice cream mix or frozen dessert pre -mix
without first applying for all required permits and certifications from the regulatory
authority.
(Code 2001, § 26-516; Ord. No. 81-2009, § 1, 11-3-2009)
Secs. 26-517—26-544. - Reserved.”
3. Food Handler’s Training Certificate
Chapter 26, Business Regulations, is hereby amended at Article VI, Division 3,
Food Handler’s Training Certificate, in its entirety to read as follows:
“DIVISION 3. - FOOD HANDLER'S TRAINING CERTIFICATE
Sec. 26-545. - Food handler's training certificate required.
It shall be unlawful for any person to acce pt employment in any food establishment
without securing from the regulatory authority a food handler's training certificate. It shall
be unlawful for any person operating or managing any food establishment to employ or
retain any person or allow any perso n to work as a food handler unless that person has
obtained either a current temporary receipt issued under section 26 -548 or a current
food handler's training certificate.
(Code 2001, § 26-545; Ord. No. 81-2009, § 1, 11-3-2009; Ord. No. 04-2015, § 4, 1-6-2015)
Sec. 26-546. - Application and administration.
The regulatory authority may administer a food handler's training certificate and food
protection manager's certificate program. Any person who is required to have certificate
under this division shall make application to the regulatory authority. Every ap plicant
shall attend and successfully complete a training approved by the regulatory authority ,
Texas Department of State Health Services or . a course accredited by the American
National Standards Institute.
It is the responsibility of the Person in Charge of the food establishment to keep a
certificate of completion of the training course for all employees of the food
establishment available on site for compliance review by the inspector.
(Code 2001, § 26-546; Ord. No. 81-2009, § 1, 11-3-2009; Ord. No. 04-2015, § 4, 1-6-2015)
Sec. 26-547. - Temporary receipt; issuance.
(a) When an applicant for a certificate required by this division makes application to
the regulatory authority, a temporary receipt, valid for 30 calendar days, will be
issued to the applicant to allow the applicant to continue employment at a food
establishment while completing the food handler's training certificate course.
Applicants are limited to one successive temporary receipt. If an applicant has
not successfully completed the food handler's training course by the time the
temporary receipt expires, the applicant cannot continue employment as a food
handler.
(b) Upon successful completion of the training course, the regulatory authority will
issue a food handler's training certificate, which shall expire two years from the
date of the food handler's certificate application. Permanent food handler's cards
previously granted by the regulatory authority will be honored.
(Code 2001, § 26-547; Ord. No. 81-2009, § 1, 11-3-2009; Ord. No. 04-2015, § 4, 1-6-2015)
Sec. 26-548. - Food handler's training certificate training courses accepted.
The regulatory authority shall accept training issued by all companies or programs
approved by the Texas Department of State Health Services under 25 TAC Texas
Administrative Code§ 229.178 228.33. Persons who have completed such training shall
make application to the regulatory authority for food handler's training certification and
pay the appropriate fee to be registered as a food handler.
(Code 2001, § 26-548; Ord. No. 81-2009, § 1, 11-3-2009; Ord. No. 04-2015, § 4, 1-6-2015)
Sec. 26-549. - Fee.
A fee shall be charged by the health district for completing the food handler's training
certificate and food protection manager's certificate pr ograms . There shall be a charge
for replacement cards.
(Code 2001, § 26-549; Ord. No. 81-2009, § 1, 11-3-2009; Ord. No. 04-2015, § 4, 1-6-2015)
Sec. 26-550. - Responsible person in charge must have food protection manager's
certificate.
(a) It shall be unlawful for any person to own or manage a food establishment
without assigning or designating a responsible person in charge who shall be present at
the food establishment during hours of operation.
(b) The person to be designated a responsible person in charge shall demonstrate
knowledge in one of two ways:
(1) Possess a valid, current food protection manager's certificate, which shall be
issued upon passing a test approved by the Texas Department of State Health
Services which ensures that the person to be designated a responsible person
in charge has sufficient knowledge of the risks of foodborne illness inherent to
the food operation, knowledge of foodborne disease prevention, application of
Hazard Analysis Critical Control Point principle s, the requirements of these
rules, and any other necessary information as outlined in 25 Texas
Administrative Code § 229.163(b)(3).
(2) Based on the risks of foodborne illness inherent to the food operation, during
inspections and upon request, the perso n in charge shall demonstrate to the
regulatory authority knowledge of foodborne disease prevention, application of
the Hazard Analysis Critical Control Point principles, and the requirements of
these rules. The person in charge shall demonstrate this knowledge by
responding correctly to the inspector's questions as they relate to the specific
food operation as outlined in 25 Texas Administrative Code § 229.163(b)(3).
(Ord. No. 04-2015, § 4, 1-6-2015)
Secs. 26-5510—26-569. - Reserved.”
4. Mobile Food Vendors
Chapter 26, Business Regulations, is hereby amended at Article VI, Division 4,
Mobile Food Vendors, in its entirety to read as follows:
“DIVISION 4. - MOBILE FOOD VENDORS
Sec. 26-570. - Permit requirements.
(a) No person shall operate a mobile food establishment unit who does not possess
a valid, current mobile food establishmentmobile food unit permit from the
regulatory authority as provided in this article. The permit for a mobile food
establishment unit shall specify the type of food to be vended, the manner in
which the food is to be vended, and include a description of any vehicle or hand-
cartpushcart to be used in the food vending operation.
(b) A person seeking a mobile food establishment unit permit from the regulatory
authority shall make application on a form provided by the regulatory authority,
and shall provide all of the information listed in the following subsections as part
of the application:
(1) The name and address of the owner and operato r;
(2) A copy of a current driver's license of the owner and operator, if the mobile
food establishment mobile food unit is to be powered by a motor or towed;
(3) If the applicant represents a corporation, limited liability company,
association, or partnership, the names and addresses of the persons
responsible for the entity's operations;
(4) The name under which the mobile food establishment mobile food unit will
be operated;
(5) A description of the type of food or the specific foods to be vended;
(6) The manner of mobile food vending operation to be conducted;
(7) A description of all vehicles to be used in the mobile food
establishment mobile food unit operation along with the license or
registration and vehicle identification number of said vehicles, an d a copy
of the current certificate of liability for all said vehicles;
(8) The address and food establishment permit number of the central
preparation facility for all vehicles to be used in the mobile food
establishment mobile food unit operation; and
(9) Any other information required by the regulatory authority as it pertains to
the safe operation of the mobile food establishment mobile food unit.
(c) Upon receiving a proper application for a mobile food establishment unit permit,
the regulatory authority shall inspect the location, food, equipment, vehicles and
other reasonable matters concerning the mobile food establishment mobile food
unit operation and shall issue a permit and a sticker only if:
(1) The application complies with subsection (b) and
(2) The inspection reveals compliance with the applicable requirements of all
federal and state statutes and regulations, and city ordinances governing
the proposed mobile food establishment mobile food unit operation.
(d) Fees shall be determined by the risk process level appropriate for the
establishment and be in addition to any central preparation facility fees.
(e) A valid permit sticker shall be displayed by a mobile food establishment unit.
(f) Mobile food establishmentMobile food unit permits shall be valid for one year
from the date of issuance unless suspended or revoked.
(g) Mobile food establishmentMobile food unit permits shall not be transferred or
assigned and shall be considered revoked should the character of the food
vending operation be changed from that specified in the permit.
(h) Every mobile food establishmentmobile food unit permit shall be renewed each
year in like manner as the original permit application.
(i) The regulatory authority shall make r outine, unannounced inspections of mobile
food establishment mobile food units, mobile food hand-cartpushcarts, outdoor
food courts, and commissaries when applicable, to determine whether or not the
operation is being conducted in such a manner as to comply with the conditions
of the permit, the provisions of this article, other applicable city ordinances and
state and federal statutes, regulations and rules.
(j) The regulatory authority may take and retain samples of food and other
substances used in the preparation of food and examine it for the detection of
unwholesome and deleterious qualities. The regulatory authority may condemn
and forbid the sale of or cause to be removed or destroyed, any food which is
adulterated, tainted, diseased, fermented, decaying or otherwise unwholesome,
unclean or deleterious to health. The owner, operator or other person in char ge
of such food shall immediately and in the presence of the regulatory authority,
destroy such adulterated, tainted, diseased, fermented, decaying or otherwise
unwholesome, unclean food as directed by the regulatory authority.
(Ord. No. 04-2015, § 5, 1-6-2015)
Sec. 26-571. - Operation requirements and restrictions.
Mobile food establishmentMobile food units are subject to the following requirements
and restrictions unless specifically addressed otherwise:
(1) It shall be unlawful to operate any mobile food establishment mobile food unit
handling open potentially hazardous foods as defined time/temperature control
food for safety (TCS) as defined by Chapter 25 of the Texas Administrative
Code, Section 228.2(74144) unless the mobile food establishment mobile food
unit is commercially manufactured.
(2) It shall be unlawful for a person to vend on any portion of city streets where the
speed limit exceeds 30 miles per hour or on four -lane divided roadways.
(3) It shall be unlawful for a person to vend from a mobile food establishment mobile
food unit within an "active school crossing zone" as defined by the Texas
Transportation Code.
(4) It shall be unlawful for a person to vend from a mobile food establishment mobile
food unit unless the mobile food establishmentmobile food unit is lawfully parked
or stopped.
(5) It shall be unlawful for a person to vend from the side of the mobile food
establishment mobile food unit facing moving traffic. Mobile food
establishmentMobile food units shall vend from as near as possible to the curb or
edge of the street.
(6) It shall be unlawful for a person to vend from a mobile food establishment mobile
food unit to a person standing in the roadway.
(7) It shall be unlawful for a person to stop a mobile food establishment mobile food
unit on the left side of a one-way street to vend.
(8) It shall be unlawful for a person to vend from a mobile food establishment mobile
food unit on a street unless there is a clear view of the mobile food
establishment mobile food unit for a distance of 200 feet in each direction.
(9) It shall be unlawful for the owner or operator of a mobile food
establishment mobile food unit to set up, maintain or provide service to any
tables, chairs or benches for customer seating outside or within 20 feet of a
mobile food establishmentmobile food unit. This prohibition does not apply to
approved outdoor food courts.
(10) It shall be unlawful for a person to make any alteration, removal, attachments,
placement or change in, under or upon a mobile food establishmentmobile food
unit that would prevent or otherwise reduce ready mobility.
(Ord. No. 04-2015, § 5, 1-6-2015)
Sec. 26-572. - Sanitation requirements for all mobile food establishmentmobile
food units.
Mobile food establishmentMobile food units (including mobile food hand-cartpushcarts)
shall comply with the following requirements. These requirements pertain to all such
establishments unless specifically addressed otherwise:
(1) Mobile food establishmentMobile food units shall comply with all sanitation and
construction regulations as outlined in 25 Texas Administrative Code Rule
229.166 228.221as adopted in this chapter unless specifically addressed in this
section.
(2) A mobile food establishmentmobile food unit shall be operated from a central
preparation facility and shall report to the central preparation facility each day of
operation for all cleaning and servicing operations. The mobile food
establishment mobile food unit shall acquire needed supplies from the central
preparation facility or other approved source. The mobile food
establishment mobile food unit shall provide documentation of each visit to the
central preparation facility and shall have that documentation available for
inspection. Mobile food establishmentMobile food units dispensing fresh fish and
shrimp, prepackaged novelty ice cream, whole, uncut fruit and vegetables and
individual portion size nonperishable foods such as pickles, candy, peanuts and
including snow cones/shaved ice/raspas are exempt from this provision.
(3) Certain foods shall require additional equipment or sanitation procedures to
ensure safety:
a. Mobile food establishmentMobile food units that sell snow cones, shaved
ice, or raspas shall provide a gravity fed hand washing s ystem, soap, and
paper towels at the establishment. Such establishments shall be designed
so as to enable the operator of the unit to protect the equipment, syrup,
ice and utensils used in the operation of the unit from dust, insects and
rodents while the unit is in transit or overnight storage.
b. Mobile food establishmentMobile food units or mobile food hand-
cartpushcarts that sell shrimp, fish, shellfish, or crustacea shall ensure that
all such products are safe for human consumption, from an approved
source, in sound condition, and free from spoilage, filth, or any other type
of contamination. Shrimp shall be maintained at 41° Fahrenheit or below,
and stored in either a mechanical refrigeration unit, or in ice in a clean and
sanitized container with a lid. Ice must be from an approved source.
Additionally, the establishment must install a three -compartment sink,
plumbed with hot (minimum 110° F) and cold running water under
pressure, for the purpose of cleaning and sanitizing the food contact
surfaces of equipment and utensils. A hand wash sink "equipped to
provide water at a temperature of at least 100° F through a mixing valve or
combination faucet" shall also be provided and furnished with soap and
paper towels.
(4) Liquid waste resulting from any mobile vending operation shall be stored in
permanently installed retention tanks of at least 15 percent larger capacity than
the water supply tank but of no less than 30 gallon capacity and shall be drained
and thoroughly flushed during servicing operations. All liquid waste shall be
discharged to an approved sanitary sewage disposal system at the central
preparation facility.
(5) All food that requires packaging or advance preparation by the mobile food
establishment mobile food unit shall be processed in the central preparation
facility.
(6) Mobile food establishmentMobile food units which are parked and engaged in
operations shall provide waste containers for customers sufficient to handle the
volume of waste generated by the mobile food establishment mobile food unit.
Waste containers shall be emptied or disposed of at the central preparation
facility.
(Ord. No. 04-2015, § 5, 1-6-2015)
Sec. 26-573. - Sanitation requirements for mobile food establishmentmobile food
units with facilities to prepare food.
Mobile food establishmentMobile food units preparing and vending food on-site,
commonly referred to in the trade as "hot trucks," shall comply with the following
additional requirements:
(1) A mobile food establishment mobile food unit servicing area shall be provided at
the central preparation facility, and shall include at least overhead protection for
any supplying, cleaning or servicing operation. Within this servicing area, there
shall be a location provided for the flushing and the draining of liquid waste
separate from the location provided for water servicing and for the loading and
the unloading of food and related supplies.
(2) The central preparation facility will provide a date/time device, with associated
me ans to record the date and time, and require each mobile food
establishment mobile food unit that is serviced to document the date and time of
arrival and departure from the central preparation facility. The mobile food
establishment mobile food unit will make available for inspection the record of the
date and time of the servicing at the central preparation facility.
(3) Approved water storage facilities for potable water shall be provided on the
mobile food establishment mobile food unit and shall be of sufficient capacity
(minimum 25 gallons) to furnish enough water for food preparation, utensil
cleaning and sanitizing, and hand washing. The water inlet shall be located in
such a position that it will not be contaminated by waste dischar ge, road dust, oil
or grease and it shall be kept capped when not being used to fill the storage
facility. 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 and gas distribution
pipes or tubing shall be constructed and installed in accordance with public
health and plumbing standards as set out by the ordinances of the city. The
water for said operations shall be from an approved source.
(4) Either of the following shall be provided by the mobile food establishmentmobile
food unit for its operations:
a. A heating device of sufficient capacity to produce 110° Fahrenheit hot
water; or
b. An instantaneous heater capable of producing 110° Fahrenheit hot water.
(5) All operations related to the preparation of food shall be carried on from within
the mobile food establishment mobile food unit.
(6) Any additional equipment or the arrangement thereof other than approved when
the permit was issued shall be prohibited unless app roved in advance by the
regulatory authority.
(Ord. No. 04-2014, § 5, 1-6-2015)
Sec. 26-574. - Sanitation requirements for mobile food hand-cartpushcarts.
In addition to those requirements applicable to all mobile food establishment mobile food
units, the following requirements shall be met by mobile food hand-cartpushcarts:
(1) All equipment utilized in the mobile food hand-cartpushcart shall have prior
approval of the regulatory authority.
(2) Snow cone, shaved ice, and raspa vendors shall provide a gravity fed hand
washing station on the mobile food hand-cartpushcart. Soap and paper towels
are to be provided. Waste water from hand washing is to be collected in a
sealable container and disposed of in a sanitary sewer.
(3) Any additional equipment or the arrangement thereof other than approved when
the permit was issued shall be prohibited unless approved in advance by the
regulatory authority.
(4) The mobile food hand-cartpushcart shall be located in clean surroundings, on
concrete, brick or equally impervious ground and maintained in a clean and
sanitary condition.
(5) It shall be unlawful for a mobile food hand-cartpushcart to operate on the public
streets and city parks.
(6) The mobile food establishment mobile food unit hand-cartpushcart shall be
cleaned and serviced at the central preparation facility at the beginning of each
day and shall be stored inside a building when not in operation. The mobile food
establishment mobile food unit shall acquire needed supplies from the central
preparation facility or other approved source. The mobile food
establishment mobile food unit shall provide documentation of each visit to the
central preparation facility and shall have that documentation available for
inspection.
(7) Each mobile food hand-cartpushcart vending food in storage containers open to
the air shall:
a. Provide only single service articles for use by consumers; and
b. Set aside a separate space for non-food related items.
(8) Each mobile food hand-cartpushcart shall have a stainless steel hand wash
lavatory and a stainless steel sink with a minimum of two compartments when
utensil washing is required. Both must provide adequate amounts of hot and cold
water under pressure, and access shall be provided to a supply of paper towels,
soap, and detergent. Each mobile food hand-cartpushcart shall also have
adequate drain board space. This subsection does not apply to mobile food
hand-cards vending only prepackaged food products.
(9) Each mobile food hand-cartpushcart shall provide and have available for the
public a fly proof, lidded trash container for the disposal of refuse. Such trash
container may be either on the mobile food hand-cartpushcart or located
conveniently nearby.
(10) Each mobile food hand-cartpushcart employing butane or propane tanks shall
comply with any and all applicable fire department regulations. Ground fault
interrupters may be required by the fire department as a safety feature to prevent
electrical shock. Each mobile food hand-cartpushcart subject to these
requirements shall be equipped with an approved fire extinguisher with a 2A
10BC rating.
(11) When the mobile food hand-cartpushcart is operated outside, a cleanable canopy
shall extend over the mobile food hand-cartpushcart and cover its top surface.
(12) No advertising shall be permitted on any mobile food hand-cartpushcart except
for the posting of prices, the identification of the name of the product, and the
name of the vendor.
(Ord. No. 04-2014, § 5, 1-6-2015)
Sec. 26-575. - Operation requirements and restrictions for outdoor food courts.
(a) Outdoor food courts shall comply with the following requirements:
(1) The property must comply with all provisions of Appendices A and B of
this Code;
(2) All outdoor food courts that provide o vernight connections must have an
adequately sized and permitted grease trap.
(3) All mobile food establishment mobile food units that are unable to comply
with the requirements of this subsection shall be removed from the
property overnight and serviced b y an approved central preparation facility
prior to its next day of operation; and
(4) A restroom equipped with flush type toilets and properly plumbed to a
sanitary sewage system with sufficient capacity to meet the needs of the
outdoor food court's mobile food establishment mobile food units and
customers shall be available on the outdoor food court premises.
Restrooms shall be equipped with hand sinks, soap, hot and cold water
and either hand towels or forced air hand dryers.
(b) Permanent pavilions and seating areas for customers may be provided at an
outdoor food court.
(c) If the outdoor food court provides adequate central preparation facility and
storage for the mobile food establishment mobile food units as determined by the
health district, those mobile food establishmentmobile food units may be exempt
from the central preparation facility requirements of this article during such time
as they remain on the outdoor food court premises.
(Ord. No. 04-2014, § 5, 1-6-2015)
Secs. 26-576—26-690. - Reserved.”
5. Penalty
Violations of this ordinance shall be punishable by a penalty of up to $500 per
violation and as provided by Section 1 -14 of the Wichita Falls Code of Ordinances. This
penalty provision shall not be codified separately.
6. Codification
The sections of this ordinance that specify they amend or add to the Code of
Ordinances of the City of Wichita Falls are intended to be parts of said Code, and said
sections of this ordinance may be renumbered or relettered t o accomplish such
intention. Those sections of this ordinance that specify they are not to be codified are
not intended to be parts of the Code of Ordinances of the City of Wichita Falls, and shall
not be codified.
7. Emergency
The immediate need to continue the normal operation and health inspections of
the food establishments of the City creates an emergency and in order to protect the
public health, welfare and to preserve the peace, this ordinance shall take effect
immediatel y, and it is so ordained.
PASSED AND APPROVED this the 17th day of November, 2015.
______________________
M A Y O R
ATTEST:
____________________
City Clerk
Affidavit of Publication
THE STATE OF TEXAS #803506
COUNTY OF WICHITA
On this 20`t' day of November 2015 AD...
personally appeared before me, the undersigned authority
Kathy Salan, Sales Assistant for the Times Publishing
Company of Wichita Falls, publishers of the Wichita Falls
Times/Record News, a newspaper published at Wichita Falls in
Wichita County, Texas, and upon being duly sworn by me, on
oath states that the attached advertisement is a true and
correct copy of advertising published in 1 day (1) issues hereof
on the following date:
November 18, 2015
Sales Assistant for Times Pu ishing Company of Wichita Falls
Subscribed and sworn to before me this the day and year first above written.:
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