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HomeMy WebLinkAboutOrd. 1635-1 20260622ORDINANCE NO. 1635-1 An Ordinance of the City Council of the City of Pearland, Texas, amending Chapter 11, Food and Food Handlers, of the City of Pearland Code of Ordinances, as it may have been, from time to time; having a savings clause, a severability clause, a repealer clause; providing for codification; provding an effective date and for publication. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That Chapter 11, Food and Food Handlers, of the City of Pearland Code of Ordinances, that the following sections are hereby amended to read as follows: “Sec. 11-2. – Local amendments. The food and food handlers code adopted in section 11-1 is hereby modified as follows: (a)The following provisions are added: 1.228.2(31)—Code Enforcement/Health Officer. A City Code Enforcement Supervisor, or his/her designee, assigned to inspect food establishments, educate food establishments' employees and food employees on local and state statutory requirements for health and safety in food service, and enforce all local and state health and safety laws as permitted by law. 2.228.2(32)—Temporary food establishment. A food establishment that operates a stand or booth at one or more permitted events or celebrations for a period of no more than fourteen (14) consecutive days per event. A temporary food establishment permit allows the establishment to serve foods including time/temperature controlled for safety (TCS) foods listed on the original application, until the expiration of the permit. A food vending vehicle or mobile food vendor is not a temporary food establishment. 3. 228.2(33) -- Nonprofit organization. A civic or fraternal organization, charity, lodge, association, proprietorship, or corporation possessing a 501(c) exemption under the Internal Revenue Code; or a religious organization. (b)The following provisions are adopted in place of the identically numbered provisions in the Texas Administrative Code, Title 25, Part 1, Chapter 228: 1.228.2(14)—Food establishment. (A)A Food establishment is an operation that: (i)stores, prepares, packages, serves, or vends food directly to the consumer, or otherwise provides food for human consumption, 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 Docusign Envelope ID: 0D26D836-3FDD-8ED9-8196-7E4C991B0A5C ORDINANCE NO. 1635-1 conveyance used to transport people, market, vending machine location, self-service food market,; and (ii)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. (B)Food establishment includes: (i)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 (ii)an operation that is conducted in a stationary, temporary, or permanent facility or location and where consumption is on or off the premises regardless if there is a charge for the food. (C)Food establishment does not include: (i)an establishment that offers only prepackaged foods that are not TCS foods; (ii)a produce stand that only offers whole, uncut fresh fruits and vegetables; (iii)a food processing plant, including one that is located on the premises of a food establishment; (iv)a cottage food production operation; (v)a bed and breakfast limited as defined in this section; (vi)a private home that receives catered or home-delivered food; or (vii)a location at which food is prepared, cooked, distributed, and/or from which food is sold directly to a consumer incidental to another primary use, including but not limited to schools, medical facilities, and day cares; or (viii)a location at which food is prepared, cooked, or from which food is sold directly to a consumer, including for private catered events, at which food is sold for consumption off site and where the property’s zoning classification as defined in the Unified Development Code does not permit a food establishment to operate. Secs. 11-3—11-20. - Reserved. ARTICLE II. FOOD ESTABLISHMENTS Sec. 11-21. Inspections. Docusign Envelope ID: 0D26D836-3FDD-8ED9-8196-7E4C991B0A5C ORDINANCE NO. 1635-1 (1)A code enforcement/health officer shall inspect each food establishment within the City of Pearland at least every twelve (12) months, and he/she shall make as many additional inspections as are necessary for the enforcement of this chapter. Additional inspections may be risk-based, at the request of the food establishment, or in response to complaints. (2)The code enforcement/health officer, after proper identification, shall be permitted to enter any food establishment at any reasonable time, for the purpose of making inspections to determine compliance with this chapter. The code enforcement/health officer shall be permitted to examine the records of the establishment to obtain information pertaining to food and supplies purchased, received, or used, or to persons employed. (3)The findings of a food establishment’s inspection shall be recorded in an inspection report, and a copy of each inspection report with number score and corresponding letter grade shall be provided to the person in charge of the establishment. It is the responsibility of the person in charge to post the food establishment’s most recent letter grade upon an inside wall or window near the main public entrance of the establishment, in a location readily visible to consumers. The inspection report must be posted in a conspicuous location. Such report and letter grade shall not be defaced or removed by any person except the code enforcement/health officer. Any person, firm, or corporation who fails to properly post the inspection report and the corresponding letter grade as required, or who improperly defaces or removes the report or letter grade, shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of competent jurisdiction, be assessed fines or other punishment as provided by this Code. (4)Any food establishment wishing to proactively request a reinspection may pay a reinspection fee and will receive a follow-up inspection within ten (10) business days. The inspection report, numerical score, and letter grade will be replaced with the information from the most recent inspection. Such proactive reinspection may only occur once per establishment per twelve (12) months. (5)Any food establishment scoring seventy-five (75) or below on an inspection must pay a reinspection fee and receive a follow-up inspection within ten (10) business days. Failure to pay the reinspection fee prior to reinspection, or a second score of seventy-five (75) or below on an inspection, shall result in an order to immediately cease all food service operations. Any person, firm, or food establishment proven to have failed to immediately cease all food service operations upon an order from the city shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of competent jurisdiction, be assessed fines or other punishment as provided by this Code. (6)If a food establishment located at permanent premises is being inspected for the first time by a city code enforcement/health officer, a permit may not be issued until the location has passed final inspections by the code enforcement/health officer, building official, and the fire marshal, or their respective designees. If a food establishment changes ownership, makes changes to the type of food establishment being operated, or significantly remodels the permanent premises, a new inspection by the city code enforcement/health officer is required. A food establishment may not store food, prepare food for, or serve food to the public until the permit has been issued. (7)If a food establishment operating or applying to operate at a permanent location fails to appear for a scheduled inspection or cancels a scheduled inspection with less than twenty- four (24) hours’ notice, payment of the reinspection fee must be made in full before a second inspection will be scheduled. Docusign Envelope ID: 0D26D836-3FDD-8ED9-8196-7E4C991B0A5C ORDINANCE NO. 1635-1 (8)For a food establishment operating as a temporary food service establishment, all violations found during application review shall be corrected prior to permit approval, and all violations shall be corrected immediately when found during any inspection made in connection with a permitted event. If violations are not corrected, the code enforcement/health officer may deny or suspend the permit. Any person, firm, or establishment who is found to operate, or to have failed to immediately cease operations upon denial or suspension of temporary food service permit shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of competent jurisdiction, be assessed fines or other punishment as provided by this Code. (9)For facilities not defined in this Chapter as a food establishment, but at which food is prepared, cooked, distributed, and/or from which food is sold directly to a consumer incidental to another primary use, including but not limited to schools, medical facilities, nonprofit organizations, and day cares, these facilities may request a code enforcement/health officer conduct a general health inspection at the facility. These inspections are to be conducted in the same manner as food establishment inspections. Sec. 11-22. Permits required. No person shall operate a food establishment who does not possess a valid permit issued to him/her by the code enforcement/health officer. Such permits shall be known as a "food establishment permit", or,a "temporary food establishment permit", hereinafter referred to collectively as "permit", "permits", or "food permits". Only a person who complies with the requirements of this chapter shall be entitled to receive or retain such a permit. Permits are not transferable from one (1) person or place to another person or place. A valid permit shall be posted in view of the public in every food establishment and every temporary food establishment. All food permits shall remain the property of the City of Pearland and shall be issued in compliance with state law. (1)Any person desiring to obtain a food establishment permit shall make written application for such permit on forms provided at the city's permits department or on the city's website. Such application shall include the applicant's full name and mailing address; the location of proposed food establishment; and the signature of the applicant or applicants. (2)Any person desiring to obtain a temporary food establishment permit shall make written application for such permit on forms provided at the city’s permits department or on the city’s website. In addition to the information listed in subsection (1) above, such application shall include a copy of the applicant's food handler certificate and/or food manager certificate; the floor plan of the temporary food establishment when set up at events; the complete menu of food served by the temporary food establishment; the inclusive dates of the proposed operations, if known; and the name, address and telephone number of the owner or owners of the property where the temporary food service establishment is to be located. Permits for temporary food establishments shall be issued for a period beginning on the date of issuance and ending on the last day of the month of issuance in the following calendar year. The temporary food establishment permit expires on the last day of the twelfth month after the permit was issued. (3)The code enforcement/health officer shall issue the appropriate permit to the applicant if inspection reveals that the proposed food establishment complies with the requirements of this chapter. Docusign Envelope ID: 0D26D836-3FDD-8ED9-8196-7E4C991B0A5C ORDINANCE NO. 1635-1 Sec. 11-23. Mobile food vendors. (1)Any person desiring to operate one (1) or more food vending vehicles as a mobile food vendor shall comply with State law and State administrative regulations. (2)Permitted mobile food vendors shall operate in compliance with all regulations of the Unified Development Code as adopted by the City Council. A person who fails to operate in compliance with the Unified Development Code shall be deemed guilty of a Class C misdemeanor and shall, upon conviction by a court of competent jurisdiction, be assessed fines or other punishment as provided by this Code. Sec. 11-24. Fees. At the time of issuance of an original food establishment permit or, temporary food establishment permit, and each renewal thereof, the person requesting the permit shall pay to the city a permit fee. Each party requesting a general health inspection not required by this ordinance shall pay to the city an inspection fee. Except as otherwise provided, permit fees shall be determined according to the schedule found in Ord. 1358 as it may be amended from time to time. Sec. 11-25. Permit valid for one year. All food permits issued under this chapter shall be issued for a maximum of twelve (12) months. (1)Food establishment permits are valid for the calendar year issued and expire on December 31 of the year issued. Submission of the proper application and any required fee(s) are required for issuance of new food service permits. Establishments obtaining a new food service permit after January 31 of a calendar year will be charged a permit fee prorated on a monthly basis. (2)Temporary food establishment permits shall be issued for a period of twelve (12) months beginning on the date of issuance. The temporary food establishment permits expire on the last day of the twelfth month after the permit was issued. Submission of the proper application and any required fee(s) are required for issuance of new temporary food establishment permits. The process to obtain a temporary food establishment permit is the same whether it is a new application, or the applicant has previously applied for a permit. (3)Food establishments renewing food establishment permits will be charged the standard fee for the type of permit being requested until January 31, or the first business day after January 31. If an establishment wishing to renew a food service permit submits the application and/or fee(s) after that time, it will be charged one- and one-half times the original permit fee. Sec. 11-26. Suspension of permit. (1)The city code enforcement/health officer may suspend any permit issued under this chapter with such notice as is reasonable under the circumstances, if the permit holder does not comply with the requirements of this article, or if the operation of the food establishment, or temporary food establishment otherwise constitutes a substantial hazard to public health. Suspension is effective upon service of the notice required by subsection (2) below. Where a permit is suspended, food service operations shall immediately cease. (2)Whenever a permit is suspended, notice shall be given to the permit holder or the person in charge of any employee or agent of the food establishment. Such notice shall set forth: Docusign Envelope ID: 0D26D836-3FDD-8ED9-8196-7E4C991B0A5C ORDINANCE NO. 1635-1 (a)The specific conditions in the food establishment, or temporary food establishment which are in violation of this chapter or the specific conditions which constitute a substantial hazard to public health, and (b)That the permit holder may file with the municipal court a request for a hearing within three (3) business days after the permit is suspended, but that if the food establishment is allowed to reopen before the hearing is held, the hearing will be cancelled, (c)That, if a hearing is held, the permit holder must appear in person and/or may be represented by counsel, and his/her counsel may present testimony and may cross- examine all witnesses. (3)Whenever a food establishment permit is suspended, it may be physically removed from the premises by the code enforcement/health officer and retained at the office of the code enforcement/health officer until the suspension has been lifted or modified. (4)All hearings shall be held in the municipal court and presided over by a municipal court judge. All hearings shall be, as much as practicable, conducted pursuant to the Texas Rules of Civil Procedure. If the permit holder fails to appear at the hearing at the time, place, and date specified, the city shall present sufficient evidence to establish a prima facie case showing violation of this chapter or conditions constituting a hazard to public health which formed the basis of the suspension of the permit. (5)If the municipal court finds that the food establishment was, in fact, in violation of this chapter or that it constituted a hazard to public health, the court shall make written findings of fact and shall order the permit suspended until all violations of this chapter are corrected and any conditions constituting a hazard to public health are eliminated. A copy of the findings and order of the court shall be either given to the responsible party upon conclusion of the hearing, or sent by certified mail, return receipt requested, to the permit holder. If the municipal court finds that the public interest will be adequately protected by a warning or other penalties authorized under this chapter, it may reinstate the permit. (6)Whenever the reasons for a suspension no longer exist, the permit holder or the person in charge shall notify the code enforcement/health officer that the conditions under which the permit was suspended have been corrected and that an inspection is requested. Upon receipt of request and payment of any required reinspection fee, such inspection shall be conducted as soon as possible and in no event, no later than three (3) business days after the receipt of the request for inspection. Sec. 11-27. Revocation of permit. (1)A food establishment permit, or temporary food establishment permit may be revoked if: (a)The permit holder or his/her agents or employees interfere with an inspection of the food establishment by the code enforcement/health officer or his/her authorized agents; or (b)There are repeated or serious violations of the applicable portions of this chapter or other applicable laws; or (c)There are repeated or serious violations of federal or state food laws or laws regulating food establishments as defined in this chapter; or (2)Prior to revocation, written notice shall be given to the permit holder or person in charge. Such notice shall set forth: Docusign Envelope ID: 0D26D836-3FDD-8ED9-8196-7E4C991B0A5C ORDINANCE NO. 1635-1 (a)The grounds upon which the city will seek revocation of the permit, including any specific violations of this chapter or of federal or state law upon which the city will rely in seeking revocation of the permit. (b)That a hearing, if requested, will be held before the municipal court. If the permit holder wishes to request a hearing, s/he must do so within three (3) business days after the permit is revoked, and (c)That the permit holder may appear in person and/or be represented by counsel, may present testimony, and may cross-examine all witnesses. (3)Such hearing shall be held in accordance with this chapter. If the permit holder fails to appear at the hearing at the time, place, and date specified, the city shall present sufficient evidence to establish a prima facie case showing that an act or acts have been committed which constitute ground(s) for revocation of a permit. (4)After completion of the hearing, the court shall make written findings as to whether grounds exist for revocation of the permit. If the court finds that grounds do exist for revocation of the permit, he/she shall revoke such. If the permit holder appears at the hearing, a copy of the court's findings shall be given to that person. If the permit holder does not appear at the hearing, a copy of the court's findings shall be sent by certified mail, return receipt requested, to the permit holder. If the address of the permit holder is unknown, or if such findings are returned undelivered, such findings shall be served on the person in charge of the food establishment, or temporary food establishment. Upon service of a written notice that the permit has been revoked as provided herein, all food operations permitted by the permit shall cease immediately. Any person, firm, or food establishment proven to have failed to immediately cease all food service operations upon an order from the city shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of competent jurisdiction, be assessed fines or other punishment as provided by this Code. (5)Whenever a permit is revoked, it shall be physically removed from the premises or by the code enforcement/health officer. (6)In the event a permit is revoked, the city shall not be liable to the permit holder for any refund of any part of the permit fee. Reinstatement of a permit which has been revoked shall require application and payment of a permit fee as if it were an initial application. Sec. 11-28. Penalties. (1)All provisions of this chapter shall be applicable to all food establishments unless otherwise required by law. (2)No food establishment shall be operated within the city unless it conforms with the provisions of this chapter. (3)Any person, permit holder, or person in charge who violates any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not exceeding two thousand dollars ($2,000.00); provided, however, that no penalty shall be greater than the penalty provided for the same or a similar offense under the laws of the State of Texas. However, nothing in this article shall be construed as requiring the code enforcement/health officer to report minor violations of this chapter for prosecution whenever the code enforcement/health officer believes the public interest will be adequately served in the circumstances by a warning. A permit holder shall ensure that the food establishment is always in full compliance with this chapter. Docusign Envelope ID: 0D26D836-3FDD-8ED9-8196-7E4C991B0A5C ORDINANCE NO. 1635-1 The person in charge shall ensure that the food establishment is operated in full compliance with this chapter and that all food is stored, prepared, displayed, and served in accordance with the provisions of this chapter and other applicable laws. Secs.11-29—11-40. – Reserved.” Section 2. Penalty. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not more than Two Thousand Dollars ($2,000.00), or not greater than the penalty provided for the same or a similar offense under the laws of the State of Texas. Section 3. Savings. All rights and remedies which have accrued in favor of the City under this Ordinance and amendments thereto shall be and are preserved for the benefit of the City. Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 5. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. Section 6. Codification. It is the intent of the City Council of the City of Pearland, Texas, that the provisions of this Ordinance shall be codified in the City’s official Code of Ordinances as provided hereinabove. Section 7. Effective Date. The City Secretary shall cause this Ordinance, or its caption and penalty, to be published in the official newspaper of the City of Pearland, upon passage of such Ordinance. The Ordinance shall then become effective on the tenth (10th) day after its passage. PASSED and APPROVED on its First Reading this the 8th day of June, A.D., 2026. ________________________________ QUENTIN WILTZ MAYOR Docusign Envelope ID: 0D26D836-3FDD-8ED9-8196-7E4C991B0A5C ORDINANCE NO. 1635-1 ATTEST: _____________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY PASSED and APPROVED ON SECOND AND FINAL READING this the 22nd day of June, A. D., 2026. ________________________________ QUENTIN WILTZ MAYOR ATTEST: ____________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ____________________________ LAWRENCE G. PROVINS CITY ATTORNEY Docusign Envelope ID: 0D26D836-3FDD-8ED9-8196-7E4C991B0A5C