OR 2016-1450 Food Service RegulationsAN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 2016-1450
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, BY AMENDING THE CODE OF ORDINANCES; AS -
HERETOFORE AMENDING CHAPTER 6, BUSINESS REGULATIONS,
ARTICLE 6-8, FOOD SERVICE REGULATIONS, SECTIONS 6-8-1
THROUGH 6-8-12, REPEALING IT IN ITS ENTIRETY AND
REPLACED BY A NEW ARTICLE 6-8, RETAIL FOOD; PROVIDING A
.SEVERABILITY CLAUSE; PROVIDING- A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, The State of Texas has amended, updated, revised and reorganized its
regulations- concerning .the .management, .personnel storage and keeping -of food and .equipment,
utensils and linens; and
WHEREAS, such state of Texas have further revised and updated the maintenance and
operation of physical facilities and the components of water, plumbing and waste management and
private water systems; .and
WHEREAS, The City Council of the City of Coppell has determined should be adopted
as local regulations to replace the current food service sanitation regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS -
SECTION 1. That the Code of Ordinance of the City of Coppell, Texas, is hereby
amending Chapter 6, Business Regulations, Article 6-8, Food Service Regulations, Sections 6-8-
1 through 6-8-12 should be repealed in its entirety and replaced by a new Article 6-8, Retail Food,
to hereinafter read as follows:
"CHAPTER 6 — Business Regulations
Article 6-8 Food Service Regulation
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Sec. 6-8-1. Adoption of state rules on foodservice sanitation
A. The Texas Food Establishment Rules adopted by the Texas Department of
State Health Services 25 TAC, Chapter 228 in its entirety, except as amended herein
are hereby adopted as the City of Coppell Rules for Food Service Sanitation, a copy
of whichis attached as Exhibit "A"* to the adoptive- ordinance -that amends -this article,
and which shall be maintained together with the adoptive ordinance in a separate file
in the office of the city secretary. All references contained herein to sections within
this article are in the Texas Administrative Code. The City of Coppell amends the
Texas Food Establishment Rules as follows:
See. 6-8-2. Amendments.
A. Definitions Section 228.2 is amended to include the following:
Concession stand means a food establishment operated on a seasonal basis for the
purpose of providing food at sporting and special events.
Food establishment Section 228.2 (57) shall be added to read: "Provided that the
operations do not expose the public to a substantial and imminent health hazard as
determined by the regulatory authority, a food establishment does not include the sale,
distribution or service of food at an event, party or other special event that is not open
to persons other than the members or invited guests of the sponsor, provided that there
is no public advertisement of the event, public solicitation of funds at or for the event,
or participation by the general public in the event."
Seasonal food establishment means a food service establishment that operates at a
fixed location for a period greater than 14 consecutive days, but less than 365 days,
and is restricted to limited food preparation, unless approved by the regulatory
authority.
B. Equipment, utensils and linens. Section 228.2 (46) is amended to read, as
follows:
"Equipment in new or extensively remodeled establishments shall meet National
Sanitation Foundation or equivalent approval. Any other equipment is subject to
approval by the regulatory authority."
C. Grease trap is added to read, as follows:
"A grease trap or grease interceptor is required unless approved by the regulatory
authority. If used, a grease trap or grease interceptor shall be located outside the
facility. It shall be- sized according to the- plumbing code as currently adopted -by the
City of Coppell."
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D. Floors, walls, and ceilings. Section 228.173 is amended as follows:
1. Wall and ceiling coverings and coatings. Section 228.173 (f) is amended to
read:
"The walls and ceilings of walk-in refrigerating units, food preparation areas,
dry storage areas, food storage areas, equipment -washing and utensil washing -
areas, toilet rooms and vestibules shall be light colored, smooth, nonabsorbent,
and easily cleanable."
2. Wall and ceiling coverings and coatings. 228.173 (f) is amended to read:
"Concession stands may use concrete, porous blocks, or bricks for indoor wall
construction if finished- and- sealed- to- provide a smooth, easily cleanable-, non-
absorbent surface."
3. Floor construction. Section 228.173 shall be added to read:
"Floors and floor coverings of all food preparation, food service, food storage,
and utensil -washing areas, and the floors of all walk-in refrigerating units,
dressing rooms, locker rooms, toilet rooms and vestibules, shall be constructed of
smooth durable material such as terrazzo, ceramic tile, quarry tile or the
equivalent as approved by the regulatory authority and shall be maintained in
good repair. Sealed concrete is not acceptable as a floor surface for areas
mentioned- above-."
See. 6-8-3. - Seasonal food establishments.
A. General. The regulatory authority may impose additional requirements to
protect against health- hazards related- to the conduct of the- seasonal food
establishments, may prohibit the sale of some or all Time / Temperature controlled for
safety food (TCS)— (Formerly Potentially Hazardous Food), and when no health
hazards will result, may waive or modify requirements of this chapter. Seasonal food
establishments shall comply with the requirements of this article.
B. Concession stands. Concession facilities are seasonal food service
establishments generally associated with athletic and recreational facilities. The
degree of regulation of a concession facility shall depend upon the type and volume of
foods conveyed, and the status of the facility.
C. Farmers market. The following does not apply to- non- Time / Temperature
controlled for safety food (TCS) uncut produce.
1. All foods must be commercially produced prepackaged items from a
licensed facility or commissary. Product sampling is prohibited. This prohibition
does not apply to food that has been prepared or packaged under conditions
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meeting the requirements of this ordinance and served within facilities meeting
the- requirements of this article.
2. A manufacturing permit from the department of state health services and
copies of product labels shall be provided to the regulatory authority.
Sec. 6-8-4. - Temporary food establishments.
Section 228.75 is amended as follows:
A. Food temperatures 228.222 b is amended to read:
"All food temperature requirements shall be met as contained in Section
228.75 of thi-s-title (relating to food). Ice shall not be used as a coolant for Time /
Temperature controlled for safety food (TCS) at a temporary food establishment
operating for more than four hours."
B. Limited food prep 228.222 a-1 shall be added to read:
"Those Time-/ Temperature controlled for safety food (TCS) -requiring limited
preparation, such as preformed hamburgers and hot dogs shall be prepared and
served unless otherwise approved by the regulatory authority. No slicing, dicing,
or cutting of food products onsite. This prohibition does not apply to Time /
Temperature controlled for safety food (TCS) that has been prepared or packaged
under conditions meeting the- requirements of this Ordinance-, is obtained- in
individual servings, in facilities that meet the requirements of this Ordinance, and
is served directly in the unopened container in which it was packaged. The
preparation or service of meat sandwiches, smoked or barbecued meats and eggs
are prohibited unless the facility is a fully equipped enclosed building with sinks,
refrigeration, and hot and cold running water. The sale or conveyance of fish, raw
poultry, or shellfish products (except certain prepackaged frozen products) is
prohibited."
Sec. 6-8-5. - Mobile units.
228.221 (a) (3) is amended as follows:
A. Permits. Section 228.221 (a) (4) shall be added to read:
"A schedule of all stops in Coppell including locations and exact times shall
be submitted at the time of the application. Any changes in the schedule shall be
reported- to the regulatory authority within three days of such change. Failure to
maintain a current schedule of these stops may result in suspension of the permit
to operate."
Sec. 6-8-6. - Food service regulations, permits, and pre -operational inspections.
A. General.
1. Any reference to "regulatory authority" in the rules shall mean the City of
Coppell Environmental Health Department.
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2. In cases where a person or firm conducts, in a single building or at the same
address, more- than one- food operation, whether such operations constitute- a food
establishment or temporary food establishment, then a separate permit shall be
required for each separate operation.
3. Mechanical refrigeration or effectively insulated facilities are required for
the storage of Time / Temperature controlled for safety food (TCS). Using ice as
the sole coolant for Time / Temperature controlled for safety food (TCS) is not
acceptable, however, ice can be used as a coolant for Time / Temperature
controlled for safety food (TCS) at a temporary food establishment operating for
less than four hours.
B. Permit required. It shall be unlawful for any person- to- operate a food
establishment within the limits of the City of Coppell without having been issued a
valid food permit. Only a person who complies with the requirements in this article
shall be entitled to receive or retain a permit, and notwithstanding the fact that all
inspections necessary for obtaining a food permit have been completed, such permit
shall- not be- issued until after the building in which the- establishment is to- be located
has been issued a certificate of occupancy by the City of Coppell. Permits are not
transferable from one person to another person or place. A valid permit shall be posted
in or on a conspicuous place of every food establishment regulated by this article.
Permits shall remain in effect for 12 months from the date of issuance unless sooner
revoked for cause-. Mobile- food- establishment permits are- valid for twelve months. If
the permit is granted to a temporary food establishment, the permit shall be in effect
for a period of time not exceeding 14 consecutive days in conjunction with a single
event or celebration.
C. Issuance of permits.
1. Any person desiring to operate a food establishment shall make written
application for a permit on forms provided by the regulatory authority. The
application shall include the name and address of each applicant, the location and
type of food establishment and the signature of the applicant. An application for
a temporary food establishment shall include the inclusive dates of the proposed
operation. For temporary and seasonal events, applications and fees shall be
submitted at least four working days prior to the start date.
2. The application shall be accompanied by a nonrefundable permit fee
established by resolution of the city council from time to time. Failure to pay the
annual fee shall cause the permit to be automatically revoked.
3. Establishments that provide only non- Time / Temperature controlled for
safety food (TCS), sold or served in original packaging and/or in single use
containers, may be exempt from permitting requirements upon approval of the
regulatory authority. Full compliance with this ordinance, including permit
requirements and associated fees and inspections may be required of
establishments if judged to be capable of causing foodborne illness or increased
public health risk.
D. Submission and review of plans.
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1. Whenever a food establishment is constructed or extensively remodeled and
whenever an existing structure- is converted to- use- as a food- establishment,
properly prepared plans and specifications for such construction, remodeling, or
conversion shall be submitted to the regulatory authority for review and approval
before construction, remodeling or conversion is commenced. The plans and
specifications shall include a proposed menu, proposed layout, equipment
arrangement, mechanical -plans and construction materials of work areas, and the-
type
hetype and model of proposed fixed equipment and facilities. No food establishment
shall be constructed, extensively remodeled, or converted except in accordance
with said approved plans and specifications.
2. Deviation from the approved plans and specifications shall result in a food
establishment permit denial, suspension, or revocation.
E. Inspections.
1. The regulatory authority shall inspect the food establishment prior to the
issuance of the food establishment permit to determine compliance with any
approved plans and- specifications, compliance with other requirements of this
article and shall determine that a certificate of occupancy has been issued for the
building in which the establishment is to be located.
2. The regulatory authority shall conduct periodic routine inspections to
determine if a food establishment is in compliance with the rules. If during a
routine inspection, immediate correction of a critical item is not achieved, the
regulatory authority shall verify correction of the violation within ten calendar
days. If a critical item is not corrected during the initial inspection, a reinspection
fee, established by resolution of the city council from time to time, shall be
assessed at the follow up inspection.
3. When the total cumulative demerit value of an establishment exceeds 30
demerits, the establishment shall immediately cease operations. The
establishment shall remain closed until corrective action on all identified critical
violations is complete. Corrective action on all other violations must be initiated
within 48 hours-. The establishment shall remain- closed until reopened- by the
regulatory authority. In the case of temporary food establishments, all violations
shall be corrected immediately.
4. Denial of access to regulatory authority shall be cause for suspension or
revocation of the food service permit.
Sec. 6-8-7. - Suspension of a food permit.
A. The regulatory authority may, without warning, notice, or hearing, suspend
any permit to operate a food establishment if the holder of such -permit does not comply
with the requirements of this article, or the operation of its establishment does not
comply with the requirements set forth herein, or, if the operation of the food
establishment otherwise constitutes a substantial hazard to public health. Suspension
is effective upon service of the notice. When a permit is suspended, food service
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operations shall immediately cease. Whenever a permit is suspended the holder thereof
shall be afforded an opportunity for a hearing within 20- days -after receipt of a written
request for hearing.
B. Whenever a permit is suspended, the holder thereof or the person in charge
shall be notified in writing that an opportunity for a hearing shall be provided if a
written request for hearing is filed with the regulatory authority within ten days after
receipt of notice. If no written request for -hearing is- filed within- .ten days, the
suspension is sustained. The regulatory authority may terminate the suspension at any
time if reasons for suspension no longer exist.
Sec. 6-8-8. - Revocation of a food permit.
A. The regulatory authority may, after providing opportunity for hearing,
revoke a permit for serious or repeated violations of any of the requirements of this
article or for interference with the regulatory authority in the performance of its duties.
B. Prior to revocation, the regulatory authority shall notify, in writing, the
holder of the .permit or the person in charge, of the specific reason(s)- for which the
permit is to be revoked and that the permit shall be revoked at the end of the ten days
after service of such notice unless a written request for hearing is filed within the ten-
day period. If no request for hearing is filed within the ten-day period, the revocation
of the permit becomes final. A permit may be suspended pending its permanent
revocation or a- hearing relative thereto
C. The holder of the revoked permit may make written application for a new
permit.
Sec. 6-8-9. - Examination and condemnation of food.
A. The regulatory authority shall tag, label, or otherwise identify any food
subject to a hold order. No food subject to a hold order shall be used, served, or moved
from the establishment. The regulatory authority's hold order shall permit storage of
the food under the conditions specified in the hold order, unless storage is not possible
without risk to the- public health,- in- which case immediate destruction shall be or -der -ed -
and accomplished.
B. A hold order shall state that a request for hearing may be filed within ten
days after issuance thereof and that if no hearing is requested the food shall be
destroyed. On the basis of evidence produced at that hearing, the hold order may be
vacated, or the owner or person in charge of the food may be directed by written order
to denature or destroy such food or to bring it into compliance with the provisions of
this article.
Sec. 6-8-10. - Hearings.
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The hearings provided for in this article shall be conducted by the city manager at a
time and place designated by it. Testimony given at a hearing shall be recorded verbatim.
The city manager shall make a final finding based upon the complete record, 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.
Sec. 6-8-11. - Service of notices.
A notice provided for in this article is properly served when it is delivered to the holder
of the permit or the person in charge, or when it is sent by registered or certified mail,
return receipt requested, to the last known address of the holder of the permit.
SECTION 2. That all provisions of the Code of Ordinance of the City of Coppell, Texas,
in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or
section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held
to be void or unconstitutional, illegal, or invalid, 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.
SECTION 4. That an offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Code of Ordinance, as amended, in effect when
the offense was committed and the former law is continued in effect for this purpose.
SECTION 5. That any person, firm, or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance for the City of Coppell, as heretofore amended, and upon conviction shall be punished
by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each
and every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 6. That this ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charter in such cases provide.
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DULY PASSED by the City Council of the City of Coppell, Texas, this the day of
2016
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ATTEST:
STEL PE OS, CITY S RETARY
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