20-H-25 Amending Chapter 34 HealthORDINANCE NO. 20-H-25
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AMENDING CHAPTER 34 HEALTH AMENDING
PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE;
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City Council approve the amended Chapter 34 "Health" as our ordinance is in need of updating
to address current changes related to Mobile Food Vendors.
WHEREAS, the City staff has provided and updated Chapter 34, attached hereto as
Exhibit A.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. Chapter 34, "Health" of the City's Code of Ordinances is hereby revised
and amended as set out in Exhibit A attached hereto.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a
part of the judgment and fmdings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance or the Amended and Restated Unified
Development Code authorized herein are hereby repealed to the extent of such conflict, and the
provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Ordinance and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Ordinance shall be effective upon the date of final adoption hereof
and any publication required by law.
PASSED ON FIRST READING, the 11' day of August 2020.
PASSED, APPROVED and ADOPTED ON SECOND READING, the 25th day of
August, 2020.
I-A
Ralpl G ierr z ayor City of Schertz, Texas
ATTEST:
renda Dennis, City Secretary, City of Schertz, Texas
Chapter 34 - HEALTH
Footnotes:
— (1) —
State Law reference— General authority of home -rule municipalities to protect public health, Tex. Health and safety Code, § 122.066; authority
of home -rule municipalities concerning sanitation and health, Tex. Health and safety Code, § 341.081.
ARTICLE I. - IN GENERAL
Sec. 34 -1. - Appointment of health official.
The health official shall be appointed by the city manager.
(Ord. No. 03 -H -09, § 7N -1, 3-4 -2003; Ord. No. 07-H-32,1, 7 -3 -2007)
Sec. 34 -2. - Duties and powers of the health official.
(a) Generally. The health official is hereby authorized and directed to enforce the provisions of this
chapter and other related ordinances of the city. The health official shall have the authority to
render interpretations of this chapter and to adopt policies and procedures in order to clarify
the application of its provisions. Such interpretations, policies and procedures shall be in
compliance with the intent and purpose of this chapter and shall not have the effect of waiving
requirements specifically provided for in this chapter.
(b) Health official qualifications. The health official shall either:
1) Bea Registered Professional Sanitarian in Texas or a Sanitarian -in- Training as defined in
Title 25, Section 265.142 of the Texas Administration Code, or
2) Meet the Food and Drug Administration Voluntary National Retail Food Regulatory
Program Standards basic curriculum and field training elements, as accepted by the
Texas Department of Health.
(c) Assistant inspector appointment and qualifications. The
city manager may appoint such additional officers,
inspectors, assistants, and other employees as shall be authorized from time to time. Such
employees shall hold a code enforcement license issued by the Texas Department of Health and
have such powers as are delegated by the health official.
(d) Inspection agencies. The is
authorized to accept reports of approved inspection agencies, provided such agencies satisfy the
city's established requirements as to qualifications and reliability.
(e) Fees and salary. The fees, salary, or both for the health official shall beset in the annual budget
of the inspection department approved by the city council. All fees shall be as set forth in
(f) Reports. The health official shall give attention to the health and sanitary conditions of the city
and report to the city manager,
, making recommendations conducive to the cleanliness of the
city and the general health of the citizens.
(g) Right of entry. It shall be unlawful for any person to interfere, hinder, or delay the health official,
deputies, inspectors, or officers in the discharge of any duties under this chapter or to refuse to
comply with the orders of the health official. The health official shall issue all necessary notices
or orders to ensure compliance with this chapter.
(h) Orders of correction. The health official shall have the authority whenever, in his or her opinion,
a nuisance detrimental to health exists to cause the same to be abated or removed.
(i) Appeals. The city manager shall hear and decide on all appeals or orders, decisions, or
determinations made by the health official relative to the application and interpretation of this
chapter.
(j) Liability. The health official and other city employees charged with the enforcement of this
chapter shall not be held personally liable for any damage accruing to persons or property as a
result of any act or omission while performing the duties required by this chapter, so long as
such health official or other city employee is acting in good faith and without malice.
(Ord. No. 03 -H -09, § 7Y,.-2, 3-4 -2003; Ord. No. 07-H-32,1, 7 -3 -2007)
Sec. 34 -3. - Permit fees.
Exhibit 1.
Fees
0, a
F-1 ..
Please reference the City of Schertz current fee schedule.
(Ord. No. 03 -H -09, Exh.1, 3 -4 -2003; Ord. No. 07 -H -32, Exh. 1, 7 -3 -2007)
Editor's note— Ord. No. 07 -H -32, Exh. 1, adopted July 3, 2007 amended information in the Code set out at the end of Chapter 34 as Exhibit L
FEES. Since this ordinance was not specifically amendatory and the fees set out herein affect different sections within this chapter the
information herein has been set out as a new section 34-3, at the discretion of the editor.
Secs. 34- 4- 34 -21. - Reserved.
ARTICLE II. - FOOD ESTABLISHMENTS
Footnotes:
—(2)—
State Law reference— Municipal regulatory authority concerning food service employees not preempted by state regulation, Tex. Health and
Safety Code, § 438.037; municipality which is member of public health district not prohibited from regulating or administering permit system
concerning food service establishments, Tex. Health and Safety Code, § 437.004(d).
Sec. 34-22, - Adoption of Texas Food and Beverage Establishment Rules.
A person operating a food establishment, vending machine, mobile food establishment, temporary
event, farmers market, or farmers market vendor booth shall comply with this chapter and, the city
adopts the Texas Administrative Code Title 25, Part 1, Chapter 228 (Texas Food Establishment Rules) and
Chapter 229, Subchapter N (Current Good Manufacturing Practice And Good Warehousing Practice In
Manufacturing, Packing And Holding Human Food).
(Ord. No. 07-H-32,11,7-3-2007; Ord. No. 17-M-10, § 1, 3 -7 -2017)
Sec. 34 -23. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings, ascribed to
them in the section, except where the context clearly indicates a different meaning:
Authorized agent or employee means the health official and any deputies, assistant inspectors, or other
officers representing the City of Schertz pursuant to this article.
Food and /or beverage establishment means a food and /or beverage service establishment, a retail
food and /or beverage store, a temporary food and /or beverage establishment, a mobile food and /or
beverage unit and /or a roadside food and /or beverage vendor.
Food and /or beverage handler means any person, including cook, cook's helper, waiter, waitress,
dishwasher, bartender, barmaid, busboy or any other person, whether compensated or not, engaged in
the delivery, storing, preparation, dispensing or serving food or beverages for human consumption, or
who engages in the handling, use, cleaning or preparation for use of any pots, pans, grills, skillets, plates,
trays, eating and drinking equipment /utensils, or similar wares on which such foods or beverages are
prepared, dispensed or served.
W001ie rood Permit Registration means a mobile food vendor with a current and valid mobile food unit
health permit from another Texas municipal or county health inspection agency that registers to operate
within the city limits of Schertz.
Mobile Food Vendor shall mean a food semirp a nrinr thn* vehicle- mounted or wheeled unit
that is capable of being readily moveable.
Permit means a license to operate a food and /or beverage establishment within the City of Schertz for a
specified period of time for a stated fee as established in section 34 -3 of this chapter
Regulatory authority means the City of Schertz.
State rules means rules described in section 34-22. These rules are also known as the Texas Food
Establishment Rules.
Temporary food establishment means a food establishment that operates for a period of no more than
14 consecutive days in conjunction with a single event or celebration.
(Ord. No. 03 -H -09, § 7 % -3, 3 -4 -2003; Ord. No. 07 -H -32,1, 7 -3 -2007)
Sec. 34 -24. - Inspection of food and beverage establishment.
(a) In addition to the rules adopted in section 34 -22, the City of Schertz adopts by reference the
provisions of current rule or rules as amended by the Texas Board of Health found in Title 25 of
the Texas Administrative Code, Chapter 217, Milk and Dairy, subchapter C, rules for
Manufacture of Frozen Desserts; rule 217.65, Examination and Standards for Frozen Desserts.
(b) As often as deemed necessary for the proper enforcement of the provisions of this article and
the state rules, the health official shall inspect every food and /or beverage establishment that is
located within the city at least twice annually. Mobile food vendors wits jalid Mobile F
Hermit Registration from the City of Schertz are exempt from the bi- annual inspection
requirement with a valid health inspection permit from another Texas municipal or county
health inspection agency. This does not prohibit the city health official from performing spot
The - nubile food vendor or
person operating the food and /or beverage establishment shall, upon request of the health
official, permit access and allow the inspection of all parts of the establishment or vending unit.
(c) In case of any items of violation identified by or brought to the attention of the health official,
the person in charge of such establishment shall be advised of the violation. A
second inspection will be made after a lapse of sufficient time, as the health official deems
sufficient for correction of the violation. Any violation of the same provision on such second
inspection shall call for an immediate suspension of the food and /or beverage establishments
permits
(d) In the interest of public clarification, the results from compiling the inspection report will be
converted to a letter grade with the letter "A" being the highest level of food service operation
and "F" being lowest. The criteria for the various certificates are:
Grade "A" Attain sanitation score of 90 or above;
Grade "B" Attain sanitation score of 89 - 80;
Grade "C" Attain sanitation score of 79 - 70;
Grade "D" Attain sanitation score of 69 -60;
Grade "F" Attain a sanitation score of 59 or below.
(e) An inspection certificate shall be issued and a copy shall be
posted by the establishment and posted immediately at some conspicuous location near the
front of the premises where it will be clearly visible to all patrons. The certificate
shall not be defaced and may not be removed by any person except the health official. Violation
of this section shall be a Class C misdemeanor punishable by a fine not to exceed $200.00 per
day that the certificate is removed, moved or defaced and /or suspension of the food
establishment permit for 30 days. The health official shall permit the owner to correct any
noncritical infractions within no more than 24 hours. If the health official determines that the
infraction is of an immediate threat to the public health, there shall be no grace period for
correction. Repeat violations may result in higher point deduction.
(Ord. No. 03 -H -09, § 7%-4,3-4-2003; Ord. No. 07-H-32,1, 7 -3 -2007; Ord. No 12 -H -14, §§ 1, 2,6-26-2012)
Sec. 34 -25. - Food handler sanitation training course.
It shall be unlawful for any employer to employ any person to be employed as a food handler without
such employee having completed a city food handler sanitation training course within two weeks of
employment or the next such course scheduled thereafter. Satisfactory completion of a city food
handier sanitation training course constitutes authority to permit a person to accept employment or
work in, around, or about all food and beverage establishments for a period of one year. Exception: All
volunteers within a nonprofit organization shall not be required to attend such course, but all food
preparation and serving activities must be directly supervised by someone who has satisfactorily
completed a City of Schertz food handler sanitation training course.
(Ord. No. 03 -H -09, § 7Y -5, 3 -4 -2003)
Sec. 34 -26. - Examination and condemnation of unwholesome or questionable food or drink.
(a) Samples of food, drink and other substances shall betaken and examined by the health official
as often as he deems necessary for the detection of unwholesomeness and deleterious qualities.
The health official may condemn and forbid the sale of or cause to be removed or destroyed,
any food or drink which is unwholesome or deleterious.
(b) Any food which appears to the health official to be of a questionable nature from the standpoint
of wholesomeness or possible deleterious quality may be held for further examination by
attaching a "City of Schertz Retained" tag to the item(s) foodstuffs so retained and may not be
removed or disturbed without the permission of the health official. The city health official shall
promptly proceed by examination, laboratory or otherwise to determine the wholesomeness of
such food. As soon as such wholesomeness has been determined, such food must be
immediately released. If however, such food is found to be unwholesome or deleterious, the
health official must promptly condemn such food as herein stated and shall file petition in a
court of competent jurisdiction for injunction to restrain the owner from selling such
condemned food and to obtain order for destruction of such unwholesomeness or deleterious
food or drink.
(Ord. No. 03 -H -09, § 7% -6, 3-4 -2003)
Sec. 34-27. - Procedure when infection suspected.
When suspicion arises as to the possibility of transmission of infection from any food and beverage
establishment employee, the health official is authorized to require any or all of the following measures:
1) The immediate exclusion of the employee from all food and beverage establishments.
2) The immediate closing of the food and beverage establishment concerned until no further
danger of disease outbreak exists in the opinion of the health official.
3) Adequate medical examination of the employee and of his associates with such laboratory
examinations as may be indicated.
(Ord. No. 03 -H -09, § 7Y2-7,3-4-2003)
Sec. 34 -28. - Permits.
(a) It shall be unlawful for any person to operate a food and /or beverage establishment, or
temporary food and /or beverage establishment without a valid food and /or beverage
establishment permit issued by the city. All permits expire on
September 30 of each year and are due and payable on October 1 of each year. Permits are not
transferable from one establishment to another or from one person to another.
permit registrations expire
Permits A mobile food permit registr, must be posted in a conspicuous place.
(b) Mobile Food Vendors may operate in the City of Schertz Mthrr ;. giealt`rr
City of Schertz if they possess a valid mobile food health perm* .r.. °T
or county health inspection agency. To operate in the City of
must register with the city health official and pass a fire safety inspection conducted b,
Schertz Fire Department if one has not been completed by another Texas mum'
health inspection agency.
(c) Mobile Food Vendors who have a valid food health permit and fire safety insp�-
another Texas municipal or county health and fire inspection agency will have the,
registration fee waived, but will be required to register with the City of Schertz
(d) All permits d rote+ rir *+ may be suspended or revoked by the health official upon the
violation by the holder of any of the terms of this article, following which, unless corrections are
immediately made, action may be instituted in the name of the city in any court of competent
jurisdiction to obtain a restraining order or permanent injunction preventing such person from
operating unless immediate compliance with the provisions of this article is obtained.
Revocation of a permit for any cause whatsoever is still
affected by the issuance of the statement that the permit may
be made at any time and will be approved provided that full compliance of the provisions of this
article is accomplished.
(e) Whenever a food and /or beverage establishment is constructed or extensively remodeled or
whenever an existing structure is converted to use as a food and /or beverage establishment,
properly prepared plans and specifications for such construction, remodeling or conversion shall
be submitted to the city for review before work is begun. Extensive remodeling means that 20
percent or greater of the area of the food and /or beverage establishment is to be remodeled.
The plans and specifications shall indicate the proposed layout, equipment arrangement,
mechanical plans and construction materials of work area, and the type of model of proposed
fixed equipment and facilities. The city will approve the plans and specifications if they meet the
requirements of the rules contained in this article. The approved plans and specifications must
be followed in construction, remodeling or conversion prior to opening for business; each new
establishment will be inspected by the health official to ensure compliance with this article.
(Ord. No. 03 -H -09, § 7 % -8, 3 -4 -2003; Ord. No. 07-H-32,1, 7 -3 -2007)
Sec. 34 -29. - Penalty.
Any person, firm, corporation or agent who shall violate a provision of this article, or fail to comply
therewith, or with any other requirements thereof, shall be guilty of a Class C misdemeanor. Such
person shall be considered guilty of a separate offense for each and every day or portion thereof during
which any violation of any of the provisions of this article is committed or continued, and upon
conviction of any such violation, such person shall be punished by a fine not to exceed $2,000.00.
(Ord. No. 03 -H -09, § III, 3 -4 -2003; Ord. No. 07-H-32,1, 7 -3 -2007)
Chapter 34 - HEALTH
Footnotes:
-- (1) - --
State Law reference— General authority of home -rule municipalities to protect public health, Tex. Health and Safety Code, § 122.066; authority
of home -rule municipalities concerning sanitation and health, Tex. Health and Safety Code, § 341.081.
ARTICLE I. - IN GENERAL
Sec. 34 -1. - Appointment of health official.
The health official shall be appointed by the city manager. All activities of the health official shall be
coordinated through the director of development services.
(Ord. No. 03 -H -09, § 7% -1, 3 -4 -2003; Ord. No. 07-H-32,1, 7 -3 -2007)
Sec. 34 -2. - Duties and powers of the health official.
(a) Generally. The health official is hereby authorized and directed to enforce the provisions of this
chapter and other related ordinances of the city. The health official shall have the authority to
render interpretations of this chapter and to adopt policies and procedures in order to clarify
the application of its provisions. Such interpretations, policies and procedures shall be in
compliance with the intent and purpose of this chapter and shall not have the effect of waiving
requirements specifically provided for in this chapter.
(b) Health official qualifications. The health official shall either:
1) Be a Registered Professional Sanitarian in Texas or a Sanitarian -in- Training as defined in
Title 25, Section 265.142 of the Texas Administration Code, or
2) Meet the Food and Drug Administration Voluntary National Retail Food Regulatory
Program Standards basic curriculum and field training elements, as accepted by the
Texas Department of Health.
(c) Assistant inspector appointment and qualifications. The director of development services, with
the approval of the city manager, may appoint such additional officers, inspectors, assistants,
and other employees as shall be authorized from time to time. Such employees shall hold a code
enforcement license issued by the Texas Department of Health and have such powers as are
delegated by the health official.
(d) Inspection agencies. The director of development services is authorized to accept reports of
approved inspection agencies, provided such agencies satisfy the city's established requirements
as to qualifications and reliability.
(e) Fees and salary. The fees, salary, or both for the health official shall beset in the annual budget
of the inspection department approved by the city council. All fees shall be as set forth in
section 34 -3 of this chapter, as modified from time to time.
(f) Reports. The health official shall give attention to the health and sanitary conditions of the city
and report to the city manager and the city council once each month, making recommendations
as necessary conducive to the cleanliness of the city and the general health of the citizens.
(g) Right of entry. It shall be unlawful for any person to interfere, hinder, or delay the health official,
deputies, inspectors, or officers in the discharge of any duties under this chapter or to refuse to
comply with the orders of the health official. The health official shall issue all necessary notices
or orders to ensure compliance with this chapter.
(h) Orders of correction. The health official shall have the authority whenever, in his or her opinion,
a nuisance detrimental to health exists to cause the same to be abated or removed.
(i) Appeals. The city manager shall hear and decide on all appeals or orders, decisions, or
determinations made by the health official relative to the application and interpretation of this
chapter.
(j) Liability. The health official and other city employees charged with the enforcement of this
chapter shall not be held personally liable for any damage accruing to persons or property as a
result of any act or omission while performing the duties required by this chapter, so long as
such health official or other city employee is acting in good faith and without malice.
(Ord. No. 03 -H -09, § 7%2 -2, 3 -4 -2003; Ord. No. 07-H-32,1, 7 -3 -2007)
Sec. 34 -3. - Permit fees.
Exhibit 1.
Fees
Please reference the City of Schertz current fee schedule.
(Ord. No. 03 -H -09, Exh.1, 3 -4 -2003; Ord. No. 07 -H -32, Exh. 1, 7 -3 -2007)
Editor's note— Ord. No. 07 -H -32, Exh. 1, adopted July 3, 2007 amended information in the Code set out at the end of Chapter 34 as Exhibit 1.
FEES. Since this ordinance was not specifically amendatory and the fees set out herein affect different sections within this chapter the
information herein has been set out as a new section 34 -3, at the discretion of the editor.
Secs. 34- 4- 34 -21. - Reserved.
ARTICLE II. - FOOD ESTABLISHMENTS
Footnotes:
- -- (2)--
State Law reference— Municipal regulatory authority concerning food service employees not preempted by state regulation, Tex. Health and
Safety Code, § 438.037; municipality which is member of public health district not prohibited from regulating or administering permit system
concerning food service establishments, Tex. Health and Safety Code, § 437.004(d).
Sec. 34 -22. - Adoption of Texas Food and Beverage Establishment Rules.
A person operating a food establishment, vending machine, mobile food establishment, temporary
event, farmers market, or farmers market vendor booth shall comply with this chapter and, the city
adopts the Texas Administrative Code Title 25, Part 1, Chapter 228 (Texas Food Establishment Rules) and
Chapter 229, Subchapter N (Current Good Manufacturing Practice And Good Warehousing Practice In
Manufacturing, Packing And Holding Human Food).
(Ord. No. 07-H-32,11, 7 -3 -2007; Ord. No. 17-M-10, § 1, 3 -7 -2017)
Sec. 34 -23. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings, ascribed to
them in the section, except where the context clearly indicates a different meaning:
Authorized agent or employee means the health official and any deputies, assistant inspectors, or other
officers representing the City of Schertz pursuant to this article.
Food and /or beverage establishment means a food and /or beverage service establishment, a retail
food and /or beverage store, a temporary food and /or beverage establishment, a mobile food and /or
beverage unit and /or a roadside food and /or beverage vendor.
Food and /or beverage handler means any person, including cook, cook's helper, waiter, waitress,
dishwasher, bartender, barmaid, busboy or any other person, whether compensated or not, engaged in
the delivery, storing, preparation, dispensing or serving food or beverages for human consumption, or
who engages in the handling, use, cleaning or preparation for use of any pots, pans, grills, skillets, plates,
trays, eating and drinking equipment /utensils, or similar wares on which such foods or beverages are
prepared, dispensed or served.
Mobile Food Permit Registration means a mobile food vendor with a current and valid mobile food unit
health permit from another Texas municipal or county health inspection agency that registers to operate
within the city limits of Schertz.
Mobile Food Vendor shall mean a food service vendor that operates a vehicle- mounted or wheeled unit
that is capable of being readily moveable.
Permit means a license to operate a food and /or beverage establishment within the City of Schertz for a
specified period of time for a stated fee as established in section 34 -3 of this chapter.
Regulatory authority means the City of Schertz.
State rules means rules described in section 34 -22. These rules are also known as the Texas Food
Establishment Rules.
Temporary food establishment means a food establishment that operates for a period of no more than
14 consecutive days in conjunction with a single event or celebration.
(Ord. No. 03 -H -09, § 7% -3, 3 -4 -2003; Ord. No. 07-H-32,1, 7 -3 -2007)
Sec. 34 -24. - Inspection of food and beverage establishment.
(a) In addition to the rules adopted in section 34 -22, the City of Schertz adopts by reference the
provisions of current rule or rules as amended by the Texas Board of Health found in Title 25 of
the Texas Administrative Code, Chapter 217, Milk and Dairy, subchapter C, rules for
Manufacture of Frozen Desserts; rule 217.65, Examination and Standards for Frozen Desserts.
(b) As often as deemed necessary for the proper enforcement of the provisions of this article and
the state rules, the health official shall inspect every food and /or beverage establishment that is
located within the city at least twice annually. Mobile food vendors with a valid Mobile Food
Permit Registration from the City of Schertz are exempt from the bi- annual inspection
requirement with a valid health inspection permit from another Texas municipal or county
health inspection agency. This does not prohibit the city health official from performing spot
inspections or investigating complaints on mobile food vendors. The mobile food vendor or
person operating the food and /or beverage establishment shall, upon request of the health
official, permit access and allow the inspection of all parts of the establishment or vending unit.
(c) In case of any items of violation identified by or brought to the attention of the health official,
the person in charge of such establishment or vending unit shall be advised of the violation. A
second inspection will be made after a lapse of sufficient time, as the health official deems
sufficient for correction of the violation. Any violation of the same provision on such second
inspection shall call for an immediate suspension of the food and /or beverage establishments
permits or revocation of the mobile food permit registration.
(d) In the interest of public clarification, the results from compiling the inspection report will be
converted to a letter grade with the letter "A" being the highest level of food service operation
and "F" being lowest. The criteria for the various certificates are:
Grade "A" Attain sanitation score of 90 or above;
Grade "B" Attain sanitation score of 89 - 80;
Grade "C" Attain sanitation score of 79 - 70;
Grade "D" Attain sanitation score of 69 -60;
Grade "F" Attain a sanitation score of 59 or below.
(e) An inspection certificate or mobile food permit registration shall be issued and a copy shall be
posted by the establishment and posted immediately at some conspicuous location near the
front of the premises where it will be clearly visible to all patrons. The certificate or registration
shall not be defaced and may not be removed by any person except the health official. Violation
of this section shall be a Class C misdemeanor punishable by a fine not to exceed $200.00 per
day that the certificate is removed, moved or defaced and /or suspension of the food
establishment permit for 30 days. The health official shall permit the owner to correct any
noncritical infractions within no more than 24 hours. If the health official determines that the
infraction is of an immediate threat to the public health, there shall be no grace period for
correction. Repeat violations may result in higher point deduction.
(Ord. No. 03 -H -09, § 7%: -4, 3 -4 -2003; Ord. No. 07-H-32,1, 7 -3 -2007; Ord. No 12 -H -14, §§ 1, 2, 6 -26 -2012 )
Sec. 34 -25. - Food handler sanitation training course.
It shall be unlawful for any employer to employ any person to be employed as a food handler without
such employee having completed a city food handler sanitation training course within two weeks of
employment or the next such course scheduled thereafter. Satisfactory completion of a city food
handler sanitation training course constitutes authority to permit a person to accept employment or
work in, around, or about all food and beverage establishments for a period of one year. Exception: All
volunteers within a nonprofit organization shall not be required to attend such course, but all food
preparation and serving activities must be directly supervised by someone who has satisfactorily
completed a City of Schertz food handler sanitation training course.
(Ord. No. 03 -H -09, § 7% -5, 3 -4 -2003)
Sec. 34 -26. - Examination and condemnation of unwholesome or questionable food or drink.
(a) Samples of food, drink and other substances shall be taken and examined by the health official
as often as he deems necessary for the detection of unwholesomeness and deleterious qualities.
The health official may condemn and forbid the sale of or cause to be removed or destroyed,
any food or drink which is unwholesome or deleterious.
(b) Any food which appears to the health official to be of a questionable nature from the standpoint
of wholesomeness or possible deleterious quality may be held for further examination by
attaching a "City of Schertz Retained" tag to the item(s) foodstuffs so retained and may not be
removed or disturbed without the permission of the health official. The city health official shall
promptly proceed by examination, laboratory or otherwise to determine the wholesomeness of
such food. As soon as such wholesomeness has been determined, such food must be
immediately released. If however, such food is found to be unwholesome or deleterious, the
health official must promptly condemn such food as herein stated and shall file petition in a
court of competent jurisdiction for injunction to restrain the owner from selling such
condemned food and to obtain order for destruction of such unwholesomeness or deleterious
food or drink.
(Ord. No. 03 -H -09, § 7% -6, 3 -4 -2003)
Sec. 34 -27. - Procedure when infection suspected.
When suspicion arises as to the possibility of transmission of infection from any food and beverage
establishment employee, the health official is authorized to require any or all of the following measures:
1) The immediate exclusion of the employee from all food and beverage establishments.
2) The immediate closing of the food and beverage establishment concerned until no further
danger of disease outbreak exists in the opinion of the health official.
3) Adequate medical examination of the employee and of his associates with such laboratory
examinations as may be indicated.
(Ord. No. 03 -H -09, § 7% -7, 3 -4 -2003)
Sec. 34 -28. - Permits.
(a) It shall be unlawful for any person to operate a food and /or beverage establishment, or
temporary food and /or beverage establishment without a valid food and /or beverage
establishment permit or mobile food permit registration issued by the city. All permits expire on
September 30 of each year and are due and payable on October 1 of each year. Permits are not
transferable from one establishment to another or from one person to another. Mobile food
permit registrations expire on the date of expiration from the issuing health inspection agency.
Permits and mobile food permit registration must be posted in a conspicuous place.
(b) Mobile Food Vendors may operate in the City of Schertz without a health inspection from the
City of Schertz if they possess a valid mobile food health permit from another Texas municipal
or county health inspection agency. To operate in the City of Schertz, the mobile food vendor
must register with the city health official and pass a fire safety inspection conducted by the
Schertz Fire Department if one has not been completed by another Texas municipal or county
health inspection agency.
(c) Mobile Food Vendors who have a valid food health permit and fire safety inspection from
another Texas municipal or county health and fire inspection agency will have their
registration fee waived, but will be required to register with the City of Schertz.
(d) All permits and city registrations may be suspended or revoked by the health official upon the
violation by the holder of any of the terms of this article, following which, unless corrections are
immediately made, action may be instituted in the name of the city in any court of competent
jurisdiction to obtain a restraining order or permanent injunction preventing such person from
operating unless immediate compliance with the provisions of this article is obtained.
Revocation of a permit or mobile food permit registration for any cause whatsoever is still
affected by the issuance of the statement that the permit or mobile food permit registration may
be made at any time and will be approved provided that full compliance of the provisions of this
article is accomplished.
(e) Whenever a food and /or beverage establishment is constructed or extensively remodeled or
whenever an existing structure is converted to use as a food and /or beverage establishment,
properly prepared plans and specifications for such construction, remodeling or conversion shall
be submitted to the city for review before work is begun. Extensive remodeling means that 20
percent or greater of the area of the food and /or beverage establishment is to be remodeled.
The plans and specifications shall indicate the proposed layout, equipment arrangement,
mechanical plans and construction materials of work area, and the type of model of proposed
fixed equipment and facilities. The city will approve the plans and specifications if they meet the
requirements of the rules contained in this article. The approved plans and specifications must
be followed in construction, remodeling or conversion prior to opening for business; each new
establishment will be inspected by the health official to ensure compliance with this article.
(Ord. No. 03 -H -09, § 7%: -8, 3 -4 -2003; Ord. No. 07-H-32,1, 7 -3 -2007)
Sec. 34 -29. - Penalty.
Any person, firm, corporation or agent who shall violate a provision of this article, or fail to comply
therewith, or with any other requirements thereof, shall be guilty of a Class C misdemeanor. Such
person shall be considered guilty of a separate offense for each and every day or portion thereof during
which any violation of any of the provisions of this article is committed or continued, and upon
conviction of any such violation, such person shall be punished by a fine not to exceed $2,000.00.
(Ord. No. 03 -H -09, § III, 3 -4 -2003; Ord. No. 07-H-32,1, 7 -3 -2007)