O-3692-8-19 ORDINANCE NO.3692-8-19
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 IN ITS ENTIRETY DIVISION 2 "FOOD
ESTABLISHMENTS"ADOPTING THE TEXAS FOOD ESTABLISHMENT RULES
AND LOCAL AMENDMENTS THERETO; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE
OF$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 in its entirety Division 2 "Food
Establishments"as follows:
DIVISION 2.-FOOD ESTABLISHMENTS
Sec. 6-234.-Adoption of the Texas Food Establishment Rules.
The Texas Food Establishment Rules codified at Texas Administrative Code Title 25
Chapter 228 adopted by the Texas Department of Health Services, effective October 11,2015,
as amended from time to time, with the exceptions of such sections thereof as are herein after
deleted, modified or amended pursuant to this article are hereby adopted as the minimum
standards for food service operations within the corporate limits of the city,and shall constitute
the regulations governing the preparation,service and sale of food within the city.For purposes
of this division, the phrase "food establishment rules" means collectively (i) the Texas Food
Establishment Rules as adopted by this section and the local amendments adopted pursuant to
section 6-235.The city manager,or authorized representative,is hereby authorized and directed
to enforce all provisions of the food establishment rules.
Sec. 6-235.-Amendments to the Texas Food Establishment Rules.
The following sections, paragraphs, definitions and sections of the Texas Food
Establishment Rules are hereby amended to read as follows:
(a) The following definitions are amended or added to read as follows:
Child care facility. Any facility licensed by the Texas Department of Family and
Protective Services(DFPS)to provide care for less than twenty-four(24) hours a day
for thirteen(13)or more children and which prepares, serves,or receives food for on-
site or off-site consumption.These facilities may be titled nursery school,kindergarten,
child development center, day care center,private school,Montessori, etc.
Commissary. An approved and permitted food service facility, excluding a restaurant
or food establishment, at which food is prepared,stored,and wrapped; and the Mobile
Food Unit is supplied with fresh water and ice; and emptied of waste water into a
proper waste disposal system, and cleaned, including washing, rinsing, and sanitizing
of those food-contact surfaces or items not capable of being immersed in the Mobile
Food Unit utensil-washing sink. Use of a private residence as a commissary is
prohibited. A restaurant or food establishment that also operates a Mobile Food Unit,
may be used as the commissary only for that Mobile Food Unit.
Easily movable. Portable, mounted on casters, gliders, or rollers, or provided with a
mechanical means to safely tilt a unit of equipment for cleaning.Also,having no utility
connection, a utility connection that disconnects quickly, or a flexible utility
connection line of sufficient length to allow the equipment to be moved for cleaning
of the equipment and adjacent area. Also, it is small and light enough to be moved
easily by one(1)person.
Lavatory. A sink. This includes but is not limited to: hand-wash sinks, 3-compartment
sinks, and preparation sinks.
Mobile food establishment. A self-propelled vehicle-mounted food establishment
designed to be readily moveable that is equipped with NSF / ANSI approved food
preparation equipment. This includes vehicles in which food is prepared on site. Said
vehicles must meet regulations applicable to fixed food establishments.
Outdoor grilling. Outdoor grilling by all permitted food establishments on a permanent
basis must comply with food establishment standards as required in the Texas Food
Establishment Rules, October 11, 2015, and in this article. Outdoor grilling at
temporary food events must be approved and permitted by the regulatory authority in
accordance with temporary food establishment guidelines. Outdoor grilling for
personal and residential use is permitted and outside the scope of this regulation.
Potable water. Water that is fit for drinking.
Seasonal food establishment. A food establishment that operates at a fixed location for
a period greater than fourteen (14) consecutive days, but less than thirty (30)
consecutive days in conjunction with a single event or celebration.
TAC. Texas Administrative Code.
Temporary event. Temporary events are defined as, but not limited to, traveling fairs,
carnivals, multicultural celebrations, special interest fundraisers, restaurant food
shows, grand openings, customer appreciation days, athletic competition and other
transitory gatherings. Temporary events are further defined and regulated by Allen
Land Development Code section 6.04.1.
Wholesome. In good, sound condition; free from contamination or adulteration,
healthy.
(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.
Ordinance No. 3692-8-19, Page 2
(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 thirty(30)days of employment.
(c) Subchapter C. Food. Section 228.61 Condition Safe, Unadulterated, and Honestly
Presented of the TFER is amended to read as follows:
228.61 Condition Safe,Unadulterated, and Honestly Presented.
(a) Food Safety. Food shall be safe, unadulterated, and wholesome. Food
shall be obtained from sources that comply with all laws relating to food
labeling. The use of food in hermetically sealed containers that was not
prepared in a food processing establishment is prohibited.
(b) General. Food shall be protected from potential contamination at all
times, including while being stored, prepared, displayed, served or
transported. Potential contamination to food includes but is not limited
to: dust, insects, rodents, unclean equipment and utensils, unnecessary
handling by the use of sanitary disposable gloves, coughs and sneezes,
flooding, drainage, and overhead dripping from condensation.
(c) Emergency occurrences.In the event of an emergency situation,such as
a fire, flood, extended power outage of thirty(30)minutes or longer,or
similar event which might result in the contamination of food,or which
might prevent potentially hazardous foods/time and temperature control
for safety (PHF/TCS) from being held at required temperatures, the
person in charge shall immediately contact the regulatory authority.
Upon receiving notice of an emergency situation, the regulatory
authority shall take whatever action that it deems necessary to protect
the public health.
(d) Subchapter C. Section 228.66 Preventing Food and Ingredient Contamination of the
TFER is amended to add(f)and read as follows:
(f) Proper separation and identification of employee's personal food and
items must be stored in a manner that will prevent contamination of
items intended for public consumption.
(e) Subchapter C. Section 228.69 Preventing Contamination from the Premises of the
TFER is amended to add(e)and read as follows:
(e) Food, whether raw or prepared, if removed from the container or
package in which it was obtained shall be stored in a clean covered
container intended for food storage except during necessary periods of
preparation or service. Container covers shall be impervious and
nonabsorbent except that linens or napkins may be used for lining or
covering bread or roll containers. Solid cuts of meat shall be protected
by being covered in storage, except that quarters or sides of meat may
be hung uncovered on clean sanitized hooks if no food product is
stored beneath the meat.
Ordinance No.3692-8-19,Page 3
(f) Subchapter C. Section 228.70 Preventing Contamination by Consumers (a) Food
display is amended to read as follows:
(a) Food display. Except for nuts in the shell and whole, raw fruits and
vegetables that are intended for hulling, peeling, or washing by the
consumer before consumption,food on display shall be protected from
contamination by the use of packaging; counter, service line, or salad
bar food guards; display cases; or other effective means. The
minimum height requirement for sneeze guards is eighteen(18)inches
unless otherwise specified by the regulatory authority. Enough hot or
cold food facilities shall be available to maintain the required
temperatures of TCS/PHF on display.
(g) Subchapter C. Section 228.70 Preventing Contamination by Consumers(c)Consumer
self-service operations is amended to add(2)(A)and(B)and read as follows:
(2) Consumer self-service operations for ready-to-eat foods shall be provided with
suitable utensils or effective dispensing methods that protect food from
contamination.
(A) A person may sell unpackaged food that is not potentially
hazardous that is displayed, and sold in bulk from a self-service
container if:
(i) The self-service container has tight-fitting lid that is
securely attached to the container; and
(ii) The container, lid and any utensil are constructed of
nontoxic materials that provide for easy cleaning and
proper repair.
(iii) The lid of a gravity feed type container shall be kept
closed except when the container is being serviced or
refilled.
(iv) The lid of a scoop utensil type container shall be kept
closed except during customer service. The container
must have a utensil,equipped with a handle,to be used in
dispersing the food.
(B) The seller shall:
(i) Keep the container, lid, and any utensil sanitary to prevent
spoilage and insect infestation; and
(ii) Post in the immediate display area a conspicuous sign that
instructs the customer on the proper procedure for
dispensing the food.
(h) Subchapter C. Section 228.73 (a)Reheating for Hot Holding is amended and added to
and to read as follows:
Ordinance No.3692-8-19,Page 4
(a) Except as specified under paragraphs (2), (3) and in (5) of this
subsection,time/temperature controlled for safety food that is cooked,
cooled, and reheated for hot holding shall be reheated so that all parts
of the food reach a temperature of at least seventy-four (74) degrees
Celsius (one hundred sixty-five (165) degrees Fahrenheit) for fifteen
(15) seconds. Steam tables, bain-maries, warmers, and similar hot
food holding facilities are prohibited for the rapid reheating of
TCS/PHF.
(i) Subchapter D. Section 228.105 Accuracy of Temperature Measuring Device (a)
Temperature Measuring Device, Food (1) of the Texas Food Establishment Rules is
amended to add and to read as follows:
Food temperature measuring devices that are scaled only in Celsius or
dually scaled in Celsius and Fahrenheit shall be accurate to +/- one (1)
degree Celsius in the intended range of use.A metal stem type numerically
scaled indicating thermometer shall be provided and used to assure the
attainment and maintenance of proper internal cooking, holding, or
refrigeration temperatures of all TCS/PHF.
(j) Subchapter D. Section 228.106 Functionality of Equipment (1)(3) Temperature
Measuring Devices is amended to read as follows:
(3) Paragraph(2)of this subsection does not apply to equipment for which
the placement of a temperature measuring device is not a practical
means for measuring the ambient air surrounding the food because of
the design, type, and use of the equipment, such as Calrod units, heat
lamps, cold plates, bain-maries, steam tables, insulated food transport
containers, and salad bars. Where it is impractical to install
thermometers on such equipment, a product thermometer must be
available and used to check internal food temperatures.
(k) Subchapter D. Section 228.106 Functionality of Equipment (x) Acceptability, Food
Equipment certification, classification of the Texas Food Establishment Rules is
amended to add and to read as follows:
(x) Food equipment that is certified or classified for sanitation by NSF or
an American National Standards Institute (ANSI)-accredited
certification program is deemed to comply with SS228.101-228.106 of
this title. Any other equipment is subject to approval by the regulatory
authority. The regulatory authority may direct the replacement of
equipment and utensils if they constitute a public health hazard or
nuisance or no longer comply with the following criteria upon which
the facilities and equipment are acceptable.
(1) Subchapter D. Section 228.107 Equipment,Numbers and Capacities(b)Manual ware-
washing, sink compartment requirements of the Texas Food Establishment Rules is
amended and replaced to read as follows:
(b) A three-compartment sink shall be used for washing, rinsing and
sanitizing of utensils and equipment done manually. Existing
Ordinance No.3692-8-19,Page 5
establishments not having a three-compartment sink that can
demonstrate an acceptable procedure for washing,rinsing and sanitizing
utensils and equipment may be exempted from this requirement by the
regulatory authority. Sinks shall be large enough to permit the complete
immersion of the utensils and equipment and each compartment sink
shall be supplied with hot and cold potable running water. Suitable
equipment shall be made available if washing, rinsing and sanitizing
cannot be accomplished by immersion.Two-compartment sinks are not
acceptable.
(m) Subchapter D. Section 228.107 Equipment, Numbers and Capacities (d) Ventilation
hood systems, adequacy of the Texas Food Establishment Rules is amended to add
(d)(1)and to read as follows:
(d) Ventilation hood systems and devices shall be sufficient in number and
capacity to prevent grease or condensation from collecting on walls and
ceilings.
(1) Ventilation hoods are required for any cooking, grilling, baking,
and frying areas or as required by the latest edition of the
International Mechanical Code adopted and amended pursuant to
Article III of the Allen Land Development Code.
(n) Subchapter D.Section 228.109 Location and Installation,Equipment,Clothes Washers
and Dryers, and Storage Cabinets, Contamination Prevention of the Texas Food
Establishment Rules is amended to add(d)to read as follows:
(d) Aisles and working spaces.Aisles and working spaces between units of
equipment and walls, shall be unobstructed and of sufficient width to
permit employees to perform their duties readily without contamination
of food or food-contact surfaces by clothing or personal contact. All
easily movable storage equipment such as pallets, racks, and dollies
shall be positioned to provide accessibility to working areas.
(o) Subchapter D.Section 228.121 Laundering Methods(c)Use of laundry facilities of the
Texas Food Establishment Rules is amended to add(c)(3)to read as follows:
(c) Use of Laundry Facilities.
(3) Separate rooms shall be provided for laundry facilities except that
such operations may be conducted in storage rooms containing
only packaged foods or packaged single-service articles. If items
necessary to the operation are laundered on the premises, an
electric, gas or steam dryer shall be provided and used.
(p) Subchapter E. Section 228.143 Water Quantity and Availability (c) Hot water of the
Texas Food Establishment Rules is amended to read as follows:
(c) Hot water. Hot water generation and distribution systems shall be
sufficient to meet the peak hot water demands throughout the food
establishment. Water under pressure at the required minimum
Ordinance No. 3692-8-19, Page 6
temperature of one hundred(100)degrees Fahrenheit must be provided
to all hand-wash sinks and lavatories throughout the food establishment.
(q) Subchapter E. Section 228.147 Plumbing, Numbers and Capacities, (b) Toilets and
Urinals,of the Texas Food Establishment Rules is amended to read as follows:
(b) Toilets and urinals. At least one(1)toilet and not fewer than the toilets
required by the Plumbing Code shall be provided. If authorized by the
Plumbing Code and urinals are substituted for toilets, the substitution
shall be done as specified in the Plumbing Code. Restrooms must be
made available to the public in establishments with on-site
consumption.
(r) 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.
(s) Subchapter F. Section 228.173 Floors, Walls, and Ceilings of the Texas Food
Establishment Rules is amended by replacing subsections (c), (f)(2) and (f)(3) and
adding subsection(f)(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 used by employees,mop sink areas, and vestibules shall be light
in color and constructed of materials that are smooth, durable,
nonabsorbent and easily cleanable. Flooring that is considered smooth,
durable, nonabsorbent, and easily cleanable includes terrazzo, ceramic
or quarry tile, epoxy, or the equivalent as approved by the regulatory
authority Grout between tiles shall be sealed so it is water resistant.
Epoxy and other durable seamless flooring systems shall be installed to
a finished project thickness of a minimum of one-quarter inch and shall
be approved by the regulatory authority prior to installation. Flooring
that is not smooth, durable and easily cleanable includes VCT (vinyl
composite tile), sealed concrete, cardboard, sawdust, wood shavings,
peanut hulls, or similar materials, and are not acceptable. All flooring
shall be maintained in good repair.Nothing in this section shall prohibit
the use of anti-slip floor covering in areas where necessary for safety
reasons.
(1) Floor junctures. Floors shall be coved at the juncture of the floor
and wall, and shall utilize a six(6) inch coved tile base installed
integral and flush with the finished floor. Epoxy and seamless
floor systems may be installed with an integral six(6)inch coved
base. An aluminum cove shaped tile edge trim,installed integral
Ordinance No.3692-8-19,Page 7
and flush with the finished floor, may be used in dry storage
areas, dressing rooms, locker rooms, toilet rooms used by
employees,mop sink areas,and vestibules.
(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 a durable
material such as stainless steel,terrazzo,ceramic or quarry tile or
similar material and shall be graded to drain.
(3) Sealed concrete. Sealed concrete may be used in dry storage
areas and walk-in freezer units maintaining a temperature of zero
(0)degrees Fahrenheit or below.
(f) 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 used by
employees, mop sink areas, and vestibules shall be light-
colored, and constructed of smooth, nonabsorbent and easily
cleanable materials, such as FRP (fiberglass reinforced
paneling), stainless steel, ceramic, quarry or terrazzo tile, or
the equivalent approved by the regulatory authority. Walls
located 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
used by employees, mop sink areas, and vestibules shall be
light colored, and constructed of smooth, nonabsorbent and
easily cleanable materials, such as vinyl clad ceiling tiles or
the equivalent approved by the regulatory authority.
(C)Maintenance. Walls and ceilings, including doors, windows,
skylights, and similar closures, shall be clean and maintained
in good repair.
Ordinance No.3692-8-19,Page 8
(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), porcelain, ceramic, quarry, or terrazzo tile, or the
equivalent as approved by the regulatory authority, installed to a
height of at least four(4) feet above the floor. Wall areas above four
(4)feet may be painted with an epoxy paint.
(t) Subchapter F. Section 228.174 Functionality(a)Light bulbs,protective shielding of
the Texas Food Establishment Rules is amended and replaces (1) and(2) to read as
follows:
(a) Protective Shielding.
(1) Shielding to protect against broken glass falling onto food shall be
provided and maintained in good repair for all artificial light
fixtures located over,by,or within food storage, food preparation,
food service, and food display facilities and facilities where
utensils and equipment are cleaned and stored.Teflon coated safety
bulbs are permitted.
(2) All light fixtures must be maintained clean, operational, and in
good repair.
(u) Subchapter F. Section 228.174 Functionality (e) Outer openings, protected of the
Texas Food Establishment Rules is amended to replace(3)and to add(4)(D)to read
as follows:
(e) Outer openings,protected.
(3) Exterior doors used as exits need not be self-closing if they are:
(A) Designated for use only when an emergency exists,by the fire
protection authority that has jurisdiction over the food
establishment; and
(B) Limited-use so they are not used for entrance or exit from the
building for purposes other than the designated emergency
exit use.
(4) Except as specified in paragraphs (2) and(5) of this subsection, if
the windows or doors of a food establishment, or of a larger
structure within which a food establishment is located, are kept
open for ventilation or other purposes or a temporary food
establishment is not provided with windows and doors as specified
under paragraph (1) of this subsection, the openings shall be
protected against the entry of insects and rodents by:
Ordinance No.3692-8-19, Page 9
(A) 16 mesh to 54.4 mm(16 mesh to 1 inch)screens;
(B) Properly designed and installed air curtains to control flying
insects
(C) Other effective means
(D) If the opening to the outside is near an exterior trash
receptacle, grease-trap or other insect attractant, the
regulatory authority may require an automatic air curtain
above the door, or other effective means, to prevent flying
insect infestation.
(v) Subchapter F. Section 228.175 Handwashing Sinks of the Texas Food Establishment
Rules is amended to replace(a)and(b)and(c)to read as follows:
(a) Hand-sinks. A separate sink assigned for handwashing providing hot
and cold running water tempered through a mixing valve shall be
located to be accessible to each food preparation and utensil washing
area. A hand-sink shall be located within twenty-five(25)linear feet of
food preparation and utensil washing areas so it is convenient for
employees to wash hands.Floor pedals,knee pedals, electronic eye and
metered faucets are allowable. Hand-sinks located within eighteen(18)
inches of food preparation areas are required to have splash guards.
Hand-sinks in restrooms are permitted to have electronic eye faucets in
addition to the types listed above.
(b) Liquid soap dispensers and individual sanitary hand towels are required
at all hand-sinks. Blow dryers are not permitted in food preparation
areas. In restrooms, blow dryers are permitted, and each handwashing
sink shall also be provided with individual,disposable towels.
(c) Lavatories, soap dispensers, hand-drying devices, and all related
fixtures shall be kept clean and in good repair.
(w) Subchapter F. Section 228.179 Dressing Areas and Lockers (b), of the Texas Food
Establishment Rules is amended to read as follows:
(b) Lockers or other suitable facilities shall be provided for the orderly
storage of employees'clothing and other possessions.Personal items
shall not be stored in food storage, food preparation, or food service
areas.
(x) 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.
Ordinance No. 3692-8-19, Page 10
(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) Dogs on patios. A food service establishment may permit a
customer to be accompanied by a dog in and outdoor dining area
subject to the following:
i. A sign must be posted in a conspicuous location at the
front entrance of the food establishment and the outdoor
entrances to the outdoor dining area 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.
ii. 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.
iii. No dog may enter the interior of the food establishment.
To prevent this,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 to ensure compliance.
iv. 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. Control of the dog is demonstrated by
complying with Allen Code of Ordinances section 3-
3(b),relating to tethering of dogs.
v. A dog is not allowed on a seat, table, countertop, or
similar surface in the outdoor patio.
vi. No food preparation, including mixing drinks, and no
food storage,including storage of ice,may be performed
Ordinance No.3692-8-19,Page 11
in the outdoor patio area, except drink glasses may be
filled on the patio from a pitcher.
vii. A dog's bodily waste must be cleaned up immediately
after each occurrence and thoroughly sanitized per Allen
Code of Ordinances section 3-13. 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.
viii. In accordance with TFER§228.44,any service,wait staff
or other food handlers at the establishment must not pet
or have contact with any dog.
ix. A Service Dog, as defined by the Americans with
Disabilities Act, is exempt from these requirements.
(y) Subchapter F. Section 228.186 Premises, Buildings, Systems, Rooms,
Fixtures, Equipment, Devices, and Materials(k)Controlling pests(3)of the
Texas Food Establishment Rules is amended to read as follows:
(k) Controlling pests. The presence of insects, rodents, and other pests
shall be controlled to eliminate their presence on the premises by:
(3) using routine preventive pest control services and methods,in
compliance with 228.204(b) and§228.208(b) and (c) of this
title; and
(z) Subchapter H. Section 228.221 Mobile Food Units of the Texas Food Establishment
Rules is amended to add(a)(2)(A) and(a)(4)(F) and to replace(a)(7)and to read as
follows:
(a) Mobile Food Units
(2) Restricted operation
(A) Food prepared in a private residence may not be used or
offered for human consumption from a mobile food
establishment. A catering service shall comply with the
requirements of this article as the regulatory authority
determines is necessary to protect public health and safety.
Catering services must prepare all food items in a
commercial facility as approved by the regulatory authority.
A person shall not engage in a catering service unless the
service is affiliated with a food establishment operating from
a fixed facility that is permitted by the regulatory authority.
(4) Initial Permitting Inspection
Ordinance No.3692-8-19, Page 12
(F) Mobile food units must comply with all state and local laws
pertaining to registration of the vehicle. In addition to
compliance with this article,the owner or operator of a mobile
food establishment must comply with applicable provisions of
the Allen Land Development Code regarding the authorized
location and times of operation of a mobile food
establishment.A regulatory authority may require that mobile
food establishments that violate this section go for re-
inspection to a location designated by the regulatory authority.
(7) Mobile water system materials, design, and operation. Mobile
Food Unit water systems shall meet the requirements of Section
228.149(f)of this title(relating to Water,Plumbing,and Waste).
A mobile food establishment requiring a water system shall have
a potable water system under pressure. The system shall be of
sufficient capacity to furnish enough hot and cold water for food
preparation,utensil cleaning, sanitizing, and handwashing.
(aa) Subchapter H. Section 228.222(a)(1) Temporary Food Establishments of the Texas
Food Establishment Rules is amended to read as follows:
(a) General
(1) All food shall be prepared in a permitted food establishment or
on the premises. No food or beverage stored or prepared in a
private home may be offered for sale, sold,or given away from
a temporary food or seasonal establishment.
(A) All food and beverages shall be protected at all times from
unnecessary handling and shall be stored, displayed, and
served so as to be protected from contamination.
(B) The regulatory authority may establish additional
structural or operational requirements as necessary to
ensure that food is of safe and sanitary quality.
(C) In addition to compliance with this article, the owner or
operator of a temporary food establishment must comply
with applicable provisions of the Allen Land
Development Code regarding the authorized location and
times for operation of temporary food establishments.
(D) All refuse shall be disposed of in a manner approved by
the regulatory authority.
(bb) Subchapter H. Section 228.222(f) Water Temporary Food Establishments of the
Texas Food Establishment Rules is amended to read as follows:
(f) Water. Water from an approved source shall be made available
in a temporary food establishment for food preparation,
handwashing, and for cleaning and sanitizing utensils and
Ordinance No.3692-8-19,Page 13
equipment. Water need not be under pressure but shall come
from approved sources which include: commercially bottled
drinking water, closed portable water containers, enclosed
vehicular water tanks,on premises water storage tanks,or piping,
tubing or hoses connected to an approved source.Enough potable
water shall be made available in the establishment for food
preparation, for cleaning and sanitizing utensils and equipment,
and for hand washing. A heating facility located on the premises
and capable of producing enough hot water for these purposes
shall be provided.
(cc) Subchapter H. Section 228.222 Temporary Food Establishments of the Texas Food
Establishment Rules is amended to add (1) Correction of Violations and to read as
follows:
(1) In the case of temporary food establishments, all violations shall
be corrected immediately.
(dd) Subchapter I. Section 228.255 Examination and Detention of Food of the Texas Food
Establishment Rules is amended to add(a)Hold Order to read as follows:
(a) The regulatory authority may examine and collect samples of
food as often as necessary for the enforcement of these rules. A
receipt for samples shall be issued by the regulatory authority.
The department shall,upon written notice to the owner or person
in charge specifying the reason therefore, place under detention
any food which it has probable cause to believe is adulterated or
misbranded in accordance with the provisions of the Texas Food,
Drug, and Cosmetic Act, V.T.C.A., Health and Safety Code,
Chapter 431.
(b) Hold order. The regulatory authority shall, upon written notice to
the owner or person-in-charge specifying the reason, condemn,
denature or destroy or place under detention any food, which it
has probable cause to believe, is unapproved, adulterated or
misbranded. Under a hold order, food shall be permitted to be
suitably stored. It shall be unlawful for any person to remove or
alter a hold order, notice or tag placed on food by the regulatory
authority, and neither food nor the containers shall be relabeled,
repacked, reprocessed, altered, disposed of or destroyed without
the permission of the regulatory authority. On the basis of
examination or evidence produced, the regulatory authority may
cancel the hold order or may oversee the disposal of the food
placed under the hold-order or direct the owner or person-in-
charge to bring it into compliance with the provisions of this
article. Upon notice of the hold order, the owner or person-in-
charge will have five (5) days to submit an appeal and request
review of the hold order.
SECTION 2. 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
Ordinance No.3692-8-19,Page 14
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 3. 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 4. 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 5. This ordinance shall take effect immediately from and after its passage and publication of the
caption as required by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY,TEXAS,ON THIS THE 27TH DAY OF AUGUST 2019.
APPROVE :
Stephen Terr ,MAYOR
APPROVED AS TO FORM: ATTEST:
�
Peter G.Smith,CITY TTORNEY 011°!°. B.Geo RMC,CI SECRETARY
(kbl:8/I2/I9:110011)
Ordinance No.3692-8-19,Page 15