Ord 31-2016 9/6/2016Ordinance No. __31-2016_______
Ordinance amending Article VI, Food and Food Vendors and
Establishments, of the Code of Ordinances of the City of Wichita Falls,
at Division 2, Food Service Establishments, by the addition of
Subdivision IV., Dog Patio Permit; providing a repealer clause;
providing for inclusion; providing for severability.
WHEREAS, The Food Establishment Rules adopted by the State of Texas and
codified in the 25th Chapter of the Texas Administrative Code, currently prohibit dogs from
inhabiting a patio area of a restaurant unless the City creates a variance; and,
WHEREAS, some citizens and business owners have expressed an interest in
allowing dogs on the patio; and,
WHEREAS, the city seeks to regulate dogs on patios to ensure there is no health
and safety risk to food customers.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. Article VI, Food and Food Vendors and Establishments, is hereby amended
at Division 2, Food Service Establishments, by the addition of Subdivision IV., Dog Patio
Permit, which subsection shall hereafter read as follows:
“Subdivision IV. Dog Patio Permit
Sec. 26-517. – Permit required
A person shall not allow dogs on the food establishment patio unless the food
establishment has a current valid Dog Patio Permit issued by the Wichita Falls Health
District. Permits are not transferrable except as otherwise permitted by this Article. A valid
permit must be posted per section 26-479 in or on every food establishment regulated by
this division.
Sec. 26-518. - Term and limitations
A permit granted under this section is for one year to run concurrent with the food
establishment permit codified in Section 26-476. The permit may be revoked by the
director or terminated by the food establishment. The permit may be renewed per the
application process set out in 26-519 below.
Sec. 26-519. – Application
(a) Any person desiring to operate a food establishment that allows dogs on
the patio must make written application for a Dog Patio 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 establishment, 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 or other change that may affect
the patio area where dogs are allowed must be reported to the regulatory authority when
renewing permits.
Sec. 26-520. - Revocation of permit.
The regulatory authority may, after providing opportunity for a hearing, revoke a
Dog Friendly Patio permit for serious or repeated violations of any of the requirements of
this subdivision 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 that holds the Dog Friendly P atio permit
at the time of revocation, in writing, of the reason for which the permit is subject to
revocation. The permit 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.
Sec. 26-521. - 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 establishment
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 authority 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.
Sec. 26-522. - Service of notice; conduct of hearings.
(a) A notice as required in this subdivision is properly 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 of 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.
Sec. 26-523. - Inspection.
Prior to the approval of an initial Dog Patio Permit or the renewal of an existing
permit, the regulatory authority may inspect the proposed food establishment to
determine compliance with applicable laws, state rules, and Wichita Falls Code of
ordinances. A food establishment that holds a Dog Friendly Patio Permit that does not
comply with applicable laws will be denied a permit or the renewal of the permit.
Sec. 26-524. - Compliance Requirements of Dog Friendly Patio Permit
holders
(a) Pursuant to §228.186(o) of the Texas Food Establishment Rules (TFER)
which prohibits animals on the premises of a food establishment, The Wichita Falls Health
District may grant a dog friendly patio permit to a food establishment in order to allow
dogs to be present in the outdoor patio area of a food establishment. The food
establishment shall comply with the following conditions to ensure that a health hazard or
nuisance will not result from the modification or waiver:
1. The dog patio permit authorizes a food establishment to allow dogs
to be present only in the food establishment's designated outdoor
patio area.
2. A separate entrance must be provided from the outside of the food
establishment to the outdoor patio so that a dog will have direct
access to the patio without entering the interior of the food
establishment or any playground area of the food establishment.
3. An approved sign shall be posted at the front entrance of the food
establishment so that it is easily visible to the public. The sign must
state: “DOG FRIENDLY PATIO: DOG ACCESS TO OUTDOOR
PATIO ONLY.” The sign shall also include “To report violations,
contact Wichita Falls-Wichita County Public Health District at 940-
761-7820.”
4. Doors at all entrances to the outdoor patio from the interior of the
food establishment must be equipped with self-closing devices and
kept closed when not in use.
5. No food preparation may be performed in the outdoor patio area,
except that a beverage glass may be filled on the patio from a pitcher
or other container that has been filled or otherwise prepared inside
the food establishment.
6. Hand sanitizer shall be available to customers and employees in the
outdoor patio.
7. The outdoor patio must be continuously maintained free of visible
dog hair, dog dander, and other dog-related waste or debris. The
outdoor patio must be cleaned with animal friendly chemicals at the
beginning of each shift during which food or beverages will be
served. Waste created from a dog’s bodily functions must be
removed and cleaned with animal friendly chemicals immediately
after each occurrence. Appropriate materials for this purpose shall
be kept near the designated outdoor area. All dog waste shall be
placed in insect and rodent proof containers located adjacent to the
patio and must be disposed of outside of the food establishment in
an approved covered waste receptacle. Equipment used to clean the
outdoor patio must be kept outside of the food establishment.
8. While on duty, wait staff, bus staff, or other food handlers at the food
establishment may not pet or have contact with any dog.
9. A dog must be kept on a non-retractable leash no longer than six feet
in length and remain in the control of the customer while in the
outdoor patio area.
10. The dog must have proof of current rabies vaccination. The dog must
also have a current license issued by the local jurisdiction where the
dog resides. Contact the Wichita Falls Animal Services at 940-761-
7824 for information about a City of Wichita Falls Dog License.
11. Any bite or scratch from a dog shall be reported to Wichita Falls
Animal Services at 940-761-7824.
12. A dog is not allowed on a seat, table, countertop, or any other surface
that customers use in the outdoor patio area.
13. A dog is not allowed to have contact with any dishes or utensils used
for food service or preparation at the food establishment.
14. Food establishment personnel may not serve any food to the dog.
Kibble, biscuits, and edible treats may be given to the dog by the
customer. Water for dogs shall be provided by the food
establishment in a disposable container.
(b) The Health District may collect an annual fee for review and enforcement of
the dog variance permit which will run concurrent with the Retail Food Establishment
Permit.
Secs. 26-525 – 26-544 – Reserved.”
2. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
3. It is the intention of the City Council of the City of Wichita Falls, Texas, that
the provisions of this ordinance shall become a part of the Code of Ordinances of the City
of Wichita Falls, Texas, and that sections of this ordinance may be renumbered or
relettered to accomplish such intention.
4. Should any word, phrase, paragraph, section or portion of this ordinance or
the Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the
same shall not affect the validity of the remaining portions of said ordinance or the Code
of Ordinances, as amended hereby, which shall remain in full force and effect.
PASSED AND APPROVED this the 6th day of September, 2016.
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M A Y O R
ATTEST:
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City Clerk