O-3613-9-18 ORDINANCE NO.3613-9-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES CHAPTER 6
"HEALTH AND ENVIRONMENT," ARTICLE VIII, "ENVIRONMENTAL
HEALTH' BY AMENDING VARIOUS SUBSECTIONS OF SECTIONS 6-235
"AMENDMENTS TO THE TEXAS FOOD ESTABLISHMENT RULES" ADOPTING
LOCAL AMENDMENTS TO THE TEXAS FOOD ESTABLISHMENT RULES;
AMENDING SECTION 6-242 "PERMITS AND INSPECTIONS" BY ADDING
SUBSECTION (e) RELATING TO BRINGING NON-COMPLIANT FACILITIES OR
EQUIPMENT INTO COMPLIANCE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE;PROVIDING FOR A PENALTY OF FINE
OF TWO THOUSAND DOLLARS ($2,000) PER VIOLATION; AND PROVIDING
FOR AN EFFECTIVE DATE
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. Chapter 6 "Health and Environment," Article VIII "Environmental Health" of the Code
of Ordinances of the City of Allen,Texas, is amended by amending Section 6-235 "Amendments to the
Texas Food Establishment Rules" as follows:
A. Subsection (a) is amended by amending the definition of"Mobile Food Establishment" to read as
follows: . . .
Mobile food establishment. A self-propelled vehicle-mounted food establishment
designed to be readily moveable that is equipped with NSF approved food
preparation equipment. This includes vehicles in which food is prepared on site.
Said vehicles must meet regulations applicable to fixed food establishments.
B. Subsection (b) is amended to read as follows:
(b) Subchapter B. Section 228.33 Certified Food Protection Manager and Food Handler
Requirements of the Texas Food Establishment Rules is amended to replace (a) and
(d) and to read as follows:
(a) There shall be a certified food manager on duty at all times at each permitted food
establishment. Certification must be obtained by passing an examination approved by
the state department of state health services and the regulatory authority.
(d) Except in a temporary food establishment,all food employees, including every person
who comes in contact with the handling of the food, utensils, food service equipment
and food contact surfaces, shall successfully complete an accredited food handler
training course, within 30 days of employment.
C. Subsection(s)is amended to read as follows:
(s) Subchapter E. Section 228.150 Sewage Retention, Drainage, and Delivery, (d) Grease
Trap of the Texas Food Establishment Rules is amended to read as follows:
(d) Grease trap. If used, a grease trap shall be located to be easily accessible for
cleaning, operation, and maintenance. Grease traps shall be located outside the
food preparation and storage area unless otherwise approved by the regulatory
authority. Interceptors are to be located outside the building and must not be in fire
lanes, so that they are readily and easily accessible for cleaning and inspection.
D. Subsection(t) is amended to read as follows:
(t) Subchapter F, Section 228.173 Floors, Walls, and Ceilings of the Texas Food
Establishment Rules is amended by replacing subsections(c),(0(2)and(0(3)and adding
subsection (0(4)to read as follows:
(c) Floor construction.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 light in color
and constructed of smooth durable material such as terrazzo, ceramic or quarry tile,
epoxy, or the equivalent as approved by the regulatory authority and shall be
maintained in good repair. A coved base tile must also be used in these areas.
Sealed concrete and VCT (vinyl composite tile) are not acceptable as a floor
surface for areas mentioned above. The use of cardboard,sawdust,wood shavings,
peanut hulls, or similar materials as a floor covering is prohibited. Nothing in this
section shall prohibit the use of anti-slip floor covering in areas where necessary for
safety reasons.
(1) Floor junctures. In all new or extensively remodeled establishments
utilizing, terrazzo, ceramic or quarry tile or similar materials, and where
water flush cleaning methods are used, the junctures between walls and
floors must be of the same material and coved.
(2) Floor drains.Properly installed,trapped floor drains shall be provided in floors
that are water flushed for cleaning or that receive discharges of water or other
fluid waste from equipment, or in areas where pressure spray methods for
cleaning equipment are used. Properly trapped floor drains are required in all
restrooms unless deemed not necessary by the regulatory authority. Such floor
drains shall be constructed of stainless steel,terrazzo,ceramic or quarry tile or
similar material and shall be graded to drain.
(3) Sealed concrete in walk-in freezer units.Sealed concrete may be used in walk-
in freezer units maintaining a temperature of zero (0) degrees Fahrenheit or
below.
(0 Walls and Ceilings.
(2) Except in areas used only for dry storage, concrete, porous blocks, or bricks
used for indoor wall construction shall be finished and sealed to provide a
smooth, nonabsorbent,easily cleanable surface.
(A) Walls. The walls, including non-supporting partitions and wall
coverings 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, such as FRP (fiberglass
reinforced paneling), stainless steel, ceramic, quarry or terrazzo tile,
or the equivalent approved by the regulatory authority. Walls located
Ordinance No.3613-9-18,Page 2
adjacent to cooking equipment that utilizes high heat require stainless
steel sheeting or equivalent as approved by the regulatory authority.
(B) Ceilings. The 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, such as vinyl
coated ceiling tiles. Alternate materials will be subject to regulatory
approval.
(C) Maintenance. Walls and ceilings, including doors, windows,
skylights, and similar closures, shall be clean and maintained in good
repair.
(3) Walls including non-supporting partitions, wall covering and ceilings of the
walk-in refrigeration units, food preparation areas, equipment washing and
utensil washing areas,toilet rooms and vestibules shall be light in color.
(4) The walls of toilet rooms shall be constructed of a smooth,durable,and easily
cleanable surface such as FRP (fiberglass reinforced paneling), or ceramic,
quarry, or terrazzo tile, or the equivalent as approved by the regulatory
authority, and must be installed to a height of at least four (4) feet above the
floor.
E. Amending Subsection(y)to read as follows:
(y) Subchapter F. Section 228.186 Premises, Buildings, Systems, Rooms, Fixtures, Equipment,
Devices,and Materials(o)Prohibiting Animals of the Texas Food Establishment Rules is amended
to by replacing paragraph(1),amending paragraph(2)and adding paragraph(4)to read as follows:
(o) Prohibiting animals
(1) Except as specified in paragraphs (2), (3), and (4) of this subsection, live
animals may not be allowed on the premises of a food establishment.
(2) Live animals may be allowed in the following situations if the contamination
of food, clean equipment, utensils, linens, and unwrapped single-service and
single-use articles cannot result:
(A) Edible fish or decorative fish in aquariums, shellfish or Crustacea on
ice or under refrigeration, and shellfish and Crustacea in display tank
systems;
(i) Live fish tanks are subject to removal by the regulatory
authority if not maintained in clean sanitizing condition.
(4) A request may be submitted for a special exception to allow dogs on outdoor
patios at permitted food establishments. The request shall be part of the
application for the Health Permit, as required by this article,and shall comply
with all conditions or standards established by the regulatory authority.
(i) A special exception granted under this section is nontransferable.The
special exception shall be renewed every year with renewal of the
Health Permit.
Ordinance No.3613-9-18,Page 3
(ii) The regulatory authority may deny or revoke a special exception if:
a. The food establishment does not hold a valid permit;
b. The application contains false information or statements;
c. The regulatory authority determines that a health hazard or
nuisance will result or has resulted from the special exception;
or
d. The food establishment is in violation of this ordinance, any
term or condition as established by the regulatory authority.
(iii) If the regulatory authority grants a special exception to Subchapter F,
§ 228.186 (o) (2) and allows dogs to be present in an outdoor patio
area of a food establishment,then the food establishment shall comply
with the conditions and standards set forth in this paragraph (4) in
addition to any conditions and standards established by the regulatory
authority. When granting the special exception,or upon inspection of
the premises, the regulatory authority may impose additional
requirements necessary to safeguard public health.
(iv) Facility requirements:
a. A sign must be posted at the front entrance of the food
establishment so that it is easily visible to the public stating,
"DOG FRIENDLY PATIO. DOG ACCESS ONLY
THROUGH OUTDOOR PATIO" in letters not less than four
(4)inches high.
b. 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 food
establishment.
c. Doors equipped with self-closing devices must be provided at
all entrances to the outdoor patio from the interior of the food
establishment and must be kept closed.
d. All table and chair surfaces shall be made of a non-porous,
easily cleanable material and must be cleaned and sanitized
after every customer use.
e. Floors shall be constructed with smooth, non-porous, easily
cleanable, non-absorbent material. Wood and concrete floors
must be properly sealed and approved by the local regulatory
authority.
f. A sign, card or other effective means of notification shall be
displayed to notify patrons seated on the patio that they must
wash their hands before eating.
Ordinance No.3613-9-18,Page 4
(v) Operating requirements:
a. No dog may be present inside the food establishment;
b. No dog may be allowed within seven (7)feet of any entrance
to the interior of the food establishment except when
necessary to enter or exit the patio.
c. No food preparation, including mixing drinks, and no food
storage, including storage of ice, may be performed in the
outdoor patio area, except drink glasses may be filled on the
patio from a pitcher.
d. While on duty, any service, wait staff or other food handlers
at the establishment must not pet or have contact with any dog.
e. A dog is not allowed on a seat, table, countertop, or similar
surface in the outdoor patio.
f. A dog must be kept on a non-retractable leash, or in a secure
bag or container specifically designed to carry and provide
continuous restraint of the dog while providing adequate
ventilation. The dog must remain under continuous physical
control of the customer while in the outdoor patio area in
accordance with Allen Code of Ordinances Sec. 3-3(b).
relating to tethering of dogs.The dog must be wearing a collar
or harness to which is attached a current rabies vaccination
tag.
(vi) Health and sanitation requirements:
a. The outdoor patio must be cleaned with approved product(s)
at the start of each shift during which food or beverage will be
served,including breakfast, lunch,dinner or late hours.
b. The outdoor patio must be continuously maintained free of
visible dog hair, dog dander, and other dog related waste or
debris.
c. Spilled drinks and food shall be removed from the floor
immediately after the spill.
d. A dog's bodily waste must be cleaned up immediately after
each occurrence and thoroughly sanitized per Allen Code of
Ordinances Sec. 3-13 (b). Disposal of all dog waste must
occur outside of the food establishment's premises in an
appropriate waste receptacle. Equipment used to clean the
outdoor patio must be kept/stored outside of the food
establishment.
e. A dog is not allowed to have contact with any dish or any
utensil used for food service or preparation at the
establishment or contact with any other dish or utensil that
may be transported into the food establishment.
Ordinance No.3613-9-18,Page 5
f. Feeding a dog (including but, not limited to, feeding any
biscuits, dog kibble, and edible treats) while in the outdoor
patio area is prohibited.
g. If any incident occurs in which one or more dogs are involved
in any type of altercation where the dogs come into physical
contact with a person at the food establishment resulting in an
injury to the person, the food establishment shall prepare a
written report, including information about injured person's
name, contact information, and description of the incident, a
copy of which report shall be made available to the City of
Allen's Animal Control Division and retained in the food
establishment's files.
(vii) A Service Dog, as defined by the Americans with Disabilities Act, is
exempt from these requirements.
SECTION 2. Chapter 6 "Health and Environment," Article VIII"Environmental Health"of the Code of
Ordinances of the City of Allen,Texas,is amended by adding subsection(e)to Section 6-242"Permits and
Inspections" to read as follows:
(e) Physical facilities or equipment of a food establishment not in compliance with the
applicable ordinances and regulations of this chapter shall be brought into compliance
with the provisions of this chapter when:
(1) a new permit is issued for a food service establishment resulting from a change
in ownership or change in type of operation; or
(2) when it is determined by the regulatory authority that continued operation or
use of the non-compliant facility or equipment poses an eminent risk to public
health or safety.
SECTION 3. 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,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. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Code of Ordinances,as amended,in effect when the offense was committed and the former
law is continued in effect for this purpose.
SECTION 5. Any person,firm or corporation violating any of the provisions or terms of this ordinance or of
the Code of Ordinances as amended hereby, shall be subject to the same penalty as provided for in the Code of
Ordinances of the City of Allen,as previously amended,and upon conviction shall be punished by a fine not to
exceed$2000.00 for each offense.
SECTION 6. This ordinance shall take effect immediately from and after its passage and publication of the
caption as required by law.
Ordinance No.3613-9-18,Page 6
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY,TEXAS,ON THIS THE 25TH DAY OF SEPTEMBER 2018.
APPROVED:
Stephen Terrell,MAYOR
APPROVED AS TO FORM: ATTEST:
C-L
Peter G.Smith, ATTORNEY Shelley B.George, RMC,CITY SEC ARY
(kbl:8/15/18:101868)
Ordinance No.3613-9-18,Page 7