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Form a Business

VENDING MACHINES

Houston Code of Ordinances ch. 20, art. IV
in effect

Houston Code of Ordinances § 20-200 Definitions.

Sec. 20-200. - Definitions. As used in this article, the following words and phrases shall have the meanings set forth in this section unless otherwise clearly indicated in the text. Words not defined shall be interpreted in their usual sense: Bulk food means any food that, when it is dispensed to the customer, is not packaged, wrapped, or otherwise enclosed. Condiment means any food, such as salt, pepper, mustard and ketchup, that is used to enhance the flavor of other food. Commissary means a catering establishment, restaurant, or any other place in which food, containers or supplies are kept, handled, prepared, packaged, or stored with the intent that some or all of the items will be used in vending machines. The term shall not be construed to include an area or conveyance at a vending machine location that is used for the temporary storage of packaged food or beverages. Controlled location vending machine (limited service vending machine) means a vending machine that: (1) Dispenses only non-time/temperature controlled for safety (non-TCS) packaged food; (2) Is designed so that it can be filled and maintained in a sanitary manner by untrained persons at the location; and (3) Is intended for and used at locations in which protection is assured against environmental contamination. Corrosion-resistant means those materials that maintain their original surface characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and bactericidal solutions, and other conditions of the use environment. Easily cleanable has the meaning ascribed in section 1-201.10(B) of the FDA Food Model Code. Employee means the permit holder, person in charge, person having the supervisory or management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement, or other person working in a food establishment, and any other person who handles any food that is intended to be dispensed through vending machines, or who comes into contact with food-contact surfaces of containers, equipment, utensils, or packaging materials used in connection with vending machine operations, or who otherwise services or maintains the machines. Equipment means vending machines, ovens, tables, counters, sinks, and similar items, other than utensils used in vending operations. Filth means dust, dirt, insect excretions or other secretions, insect body parts, rodent hairs or excretions, feathers, or any other foreign or injurious contamination. Food means any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, including chewing gum. Food-contact surfaces means those surfaces with which food normally comes into contact, and those surfaces from which food may drain, drip or splash back into a food or onto a surface normally in contact with food. Garbage means every accumulation of animal, vegetable, and other waste matter that attends the preparation, handling, consumption, storage, or decay of plant and animal matter, including meats, fish and seafoods, birds, fruit, vegetable or dairy products and the waste wrappers or containers thereof. Hermetically-sealed container means a container that is designed and intended to be secure against the entry of microorganisms and to maintain the commercial sterility of its contents after processing. Law means all applicable federal, state, and local statutes, ordinances, and regulations. Machine location means the room, enclosure, space or area where one or more vending machines are installed and operated. Operator means any person who takes responsibility for furnishing, installing, servicing, operating, or maintaining one or more vending machines. Packaged means bottled, canned, cartoned, or securely bagged or securely wrapped, whether packaged in a food establishment or a food processing plant. Packaged does not include a wrapper, carry out box, or other nondurable container used to containerize food with the purpose of facilitating food protection during service and receipt of the food by the consumer. Person includes an individual, partnership, corporation, association, or other legal entity. Poultry shall have the meaning ascribed in section 1-201.10(B) of the FDA Food Model Code. Readily accessible means exposed or capable of being exposed for cleaning and inspection without the use of tools. Restrict shall have the meaning ascribed in section 1-201.10(B) of the FDA Food Model Code. Safe materials means articles manufactured from or composed of materials that may not reasonably be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of any food. If materials are food additives or color additives as defined in Section 201(s) or (t) of the Federal Food, Drug, and Cosmetic Act as used, they are "safe" only if they are used in conformity with regulations established pursuant to Section 409 or Section 706 of the Act. Other materials are "safe" only if they are not food additives or color additives as defined in Section 201(s) or (t) of the Federal Food, Drug, and Cosmetic Act and are used in conformity with regulations issued under the Act. Safe temperatures, for time/temperature controlled for safety (TCS) food, means temperatures of 41°F (5°C) or below or 135°F (57°C) or above. Sanitized means having received effective bactericidal treatment by a process that provides enough accumulative heat or concentration of chemicals for enough time to reduce the bacterial count, including pathogens, to a safe level on utensils and equipment. Sealed means free of cracks or other openings that permit the entry or passage of moisture. Single-service articles means tableware, carry-out utensils, and other items such as bags, containers, placemats, stirrers, straws, toothpicks, and wrappers that are designed and constructed for one-time, one-person use, after which they are intended for discard. Time/temperature controlled for safety (TCS) food shall have the meaning ascribed in section 1-201.10(B) of the FDA Food Model Code. Utensil means shall mean any multi-use or single-service food-contact implement or container used in the storage, preparation, transportation, dispensing, sales or service of food, such as kitchenware or tableware; gloves used in contact with food; temperature sensing probes of food temperature measuring devices; and probe-type price or identification tags used in contact with food. Vending machine means any self-service device that, upon insertion of a coin, paper currency, token, card or key or by optional manual operation, dispenses unit servings of food, either in bulk or in packages, without the necessity of replenishing the device between each vending operation. It shall also include self-service dispensers equipped for coin, paper currency, token, card, or key operation and optional manual operation. Unless otherwise stated, vending machine includes controlled location vending machines. Vending machine location shall mean the room, enclosure, space, or area where one or more vending machines are installed or operated and includes the storage areas and areas on the premises that are used to service and maintain the vending machines. (Code 1968, § 19-600; Ord. No. 83-744, § 1, 5-17-83; Ord. No. 99-1346, § 2, 12-15-99; Ord. No. 07-1051, §§ 3, 6(Exh. B), 9-12-07; Ord. No. 2015-1202, §§ 91—93, 12-2-2015; Ord. No. 2025-743, §§ 25, 26, 8-27-2025)

Houston Code of Ordinances § 20-201 Food supplies.

Sec. 20-201. - Food supplies. (a) Food which is placed in any vending machine or is exposed for sale, offered for sale, or sold through a vending machine shall be in sound condition, free from spoilage, filth, or other contamination and shall be safe for human consumption. Food shall be obtained from sources that comply with all applicable laws relating to food and food labeling. Food in hermetically sealed containers that were not prepared in a food processing establishment may not be placed in any vending machine. (b) Food from commissaries outside the jurisdiction of the city may be sold within the city if such commissaries conform to substantially equivalent food service sanitation standards. To determine the extent of compliance with such provisions, the health officer may accept reports from the responsible authorities in the jurisdictions where the commissaries are located. Where such reports cannot be obtained or there is some question regarding their validity, the health officer may request the commissary in question to permit an inspection of the commissary. If the commissary in question refuses to permit such an inspection after the health officer has determined the necessity for such an inspection, he shall bar the sale of food from that commissary within the city. The cost of inspections of commissaries outside the city shall be borne by the commissary. (Code 1968, § 19-601; Ord. No. 83-744, § 1, 5-17-83; Ord. No. 07-1051, §§ 3, 6(Exh. B), 9-12-07)

Houston Code of Ordinances § 20-202 Food protection.

Sec. 20-202. - Food protection. Food intended for sale through vending machines shall be protected from any agent of contamination, including dust, insects, rodents, unclean equipment and utensils, unnecessary handling, coughs, sneezes, flooding, draining, and overhead leakage or condensation at all times, including while being prepared, stored, loaded, displayed or transported. (Code 1968, § 19-602; Ord. No. 83-744, § 1, 5-17-83; Ord. No. 07-1051, §§ 3, 6(Exh. B), 9-12-07)

Houston Code of Ordinances § 20-203 Temperatures.

Sec. 20-203. - Temperatures. The temperature of time/temperature controlled for safety (TCS) food shall be 41°F (5°C) or below or 135°F (57°C) or above at all times, except as otherwise provided in subsection 20-204(g) of this Code. (Code 1968, § 19-603; Ord. No. 83-744, § 2, 5-17-83; Ord. No. 99-1346, § 3, 12-15-99; Ord. No. 07-1051, §§ 3, 6(Exh. B), 9-12-07; Ord. No. 2015-1202, § 94, 12-2-2015)

Houston Code of Ordinances § 20-204 Time/temperature controlled for safety (TCS) foods.

Sec. 20-204. - Time/temperature controlled for safety (TCS) foods. (a) Milk and fluid milk products offered for sale through vending machines shall be pasteurized, shall meet the Grade A quality standards as established by applicable laws, and shall be dispensed only in individual original containers. (b) Milk and fluid milk products and fluid nondairy products (creaming agents) shall not be dispensed in vending machines as additional ingredients in hot liquid beverages or other foods. (c) When condiments are provided in conjunction with food dispensed by a vending machine, they shall be: (1) Packaged in individual portions in single-service containers; or (2) Made available from condiment self-service dispensing equipment at those locations having an on duty attendant if sanitary facilities are provided in accordance with article II of this chapter. (d) Fresh fruits which may be eaten without peeling shall be thoroughly washed in potable water at the packing plant by the processor or at the commissary before being placed in the vending machines for dispensing. The washed fruit shall be protected from contamination after the washing process. (e) All food, other than fresh fruit, shall be stored or packaged in clean protective containers, and all food shall be handled and vended in a sanitary manner. (f) Time/temperature controlled for safety (TCS) food offered for sale through vending machines shall be dispensed to the consumer in the individual, original container or package into which it was placed at the commissary or at the manufacturer's or processor's plant. Time/temperature controlled for safety (TCS) food shall not be dispensed from bulk food machines. (g) Time/temperature controlled for safety (TCS) food shall be maintained at safe temperatures except as follows: (1) During necessary periods of preparation and packaging; and (2) During the actual time required to load or otherwise service the machine not to exceed ten minutes and for a maximum machine ambient temperature recovery period of 30 minutes following completion of loading or servicing operation. (h) Vending machines dispensing time/temperature controlled for safety (TCS) food shall be provided with one or more thermometers which, to an accuracy of 3 degrees Fahrenheit, indicate the air temperature of the warmest part of the refrigerated food storage compartment, or the coldest part of the heated food storage compartment, whichever is applicable. (Code 1968, § 19-604; Ord. No. 83-744, § 1, 5-17-83; Ord. No. 07-1051, §§ 3, 6(Exh. B), 9-12-07; Ord. No. 2015-1202, § 96, 12-2-2015; Ord. No. 2025-743, § 27, 8-27-2025)

Houston Code of Ordinances § 20-205 Personal hygiene.

Sec. 20-205. - Personal hygiene. (a) Employees shall maintain a high degree of personal cleanliness and shall conform to good hygienic practices while engaged in handling foods or food-contact surfaces, utensils or equipment. (b) Employees shall thoroughly wash their hands with soap and warm water immediately prior to engaging in any vending machine servicing operation which may bring them into contact with food, or with food-contact surfaces of utensils, containers or equipment. While engaging in such servicing operations, employees shall wear clean outer garments, shall not use tobacco in any form and shall keep their fingernails clean and trimmed. (Code 1968, § 19-605; Ord. No. 83-744, § 1, 5-17-83; Ord. No. 07-1051, §§ 3, 6(Exh. B), 9-12-07)

Houston Code of Ordinances § 20-206 Communicable disease.

Sec. 20-206. - Communicable disease. (a) No person, while infected with a communicable disease that can be transmitted by foods or who is a carrier of organisms that cause such a disease, or while afflicted with a boil, an infected wound, or an acute respiratory infection, shall work in any area of a commissary or vending operation. (b) When the health officer has reasonable cause to suspect the possibility of disease transmission from any employee, he may secure a morbidity history of the suspected employee or make any other investigation as may be indicated and shall take appropriate action. The health officer may require any or all of the following measures: (1) The immediate exclusion of the employee from the commissary or vending operation. (2) The immediate closing of the commissary and vending operations concerned, in accordance with the procedures set out in article II of this chapter, until, in the opinion of the health officer, no further danger of disease outbreak exists. (3) Restriction of the employee's services to some area of the establishment where there would be no danger of transmitting disease. (4) Adequate medical and laboratory examinations of the employee, of other employees and of such persons' body discharges. (Code 1968, § 19-606; Ord. No. 83-744, § 1, 5-17-83; Ord. No. 07-1051, §§ 3, 6(Exh. B), 9-12-07)

Houston Code of Ordinances § 20-207 Interior of vending machines.

Sec. 20-207. - Interior of vending machines. (a) The non-food-contact surfaces of the interior of vending machines shall be designed and constructed to permit easy cleaning and to facilitate maintenance operations and shall be kept clean and in good repair. Inaccessible surfaces and areas shall be minimized. (b) All food-contact surfaces of vending machines shall be smooth, in good repair, and free of breaks, corrosion, open seams, cracks and chipped places. The design of such surfaces shall preclude routine contact between food and V-type threaded surfaces, except that in equipment where such contact is unavoidable, such as ice makers, such threads shall be minimized. All joints and welds in food-contact surfaces shall be smooth, and all internal angles and corners of such surfaces shall be rounded to facilitate cleaning. (c) If solder or other sealer is used on food-contact surfaces, it shall be composed of safe materials and be corrosion-resistant. (d) All food-contact surfaces of vending machines, including containers, pipes, valves and fittings, shall be constructed and repaired with safe materials, including finishing materials, shall be corrosion-resistant, nonabsorbent, easily cleanable and durable under conditions of normal use, and shall be cleaned, rinsed and sanitized as often as necessary to keep such surfaces clean. The health officer may establish frequencies for such cleanings based upon the type of product being dispensed to ensure that the surfaces are kept clean, and the operator shall comply with any such requirements. (e) All food-contact surfaces, unless designed for in-place cleaning, shall be accessible for manual cleaning, rinsing, sanitizing and inspection: (1) Without being disassembled; or (2) By disassembly without the use of tools; or (3) By easy disassembling with the use of only simple tools such as a screwdriver or an open-end wrench. (f) All food-contact parts or surfaces not designed for in-place cleaning shall be cleaned, rinsed and sanitized in clean portable containers or in utensil-washing sinks at the location or at the commissary. Cleaning shall consist of washing in warm water containing a suitable detergent and brushing or wiping, as appropriate. Rinsing shall consist of immersion or wiping with clean clear rinse water. Sanitizing shall be accomplished by: (1) Immersion or rinsing in water of at least 180° Fahrenheit (82.2° Celsius) for 30 seconds; or (2) Immersion for one minute in a chemical sanitizing solution containing at least 50 parts per million (p.p.m.) of available chlorine, or 12.5 p.p.m. of available iodine, or 200 p.p.m. of quaternary ammonium sanitizer. (g) In machines designed so that food-contact surfaces are not readily removable, all such surfaces intended for in-place cleaning shall be designed and fabricated so that: (1) Cleaning and sanitizing solutions can be circulated throughout a fixed system using an effective cleaning and sanitizing regimen; and (2) Cleaning and sanitizing solutions will contact all food-contact surfaces; and (3) The system is self draining or capable of being completely evacuated; and (4) The procedures utilized result in thorough cleaning of the equipment. (h) The food storage compartment and other compartments in refrigerated vending machines which are subject to condensation or cooling water retention shall be self draining or equipped with a drain outlet which permits complete draining. In vending machines that store cartoned beverages, diversion devices and retention pans or drains for leakage shall be provided. All such drains and retention pans shall be easily cleanable. (Code 1968, § 19-607; Ord. No. 83-744, § 1, 5-17-83; Ord. No. 07-1051, §§ 3, 6(Exh. B), 9-12-07; Ord. No. 2025-743, § 28, 8-27-2025)

Houston Code of Ordinances § 20-208 Exterior of vending machine.

Sec. 20-208. - Exterior of vending machine. (a) The vending machine shall be of sturdy construction and the exterior shall be designed, fabricated, finished and maintained to facilitate its being kept clean and to minimize the entrance of insects and rodents. The exterior of the machine shall be kept clean. (b) Door and panel access openings to the food and container storage spaces of the machine shall be tight-fitting, and if necessary, gasketed to prevent the entrance of dust, moisture, insects and rodents. (c) All ventilation louvers or openings into vending machines shall be effectively screened. Screening material for openings into food and container storage spaces of the machine shall be not less than 16 mesh to the inch or equivalent. Screening materials for openings into condenser units which are separated from food and container storage spaces shall be not less than 8 mesh to the inch or equivalent. (d) In all vending machines in which the condenser unit is an integral part of the machine, such unit, when located below the food and container storage space, shall be separated from such space by a dust-proof barrier, and when located above, shall be sealed from such space. (e) In order to prevent seepage underneath the machine and to promote cleaning, free-standing vending machines shall have one or more of these elevation or movability features: (1) Be light enough to be manually moved with ease by one person; or (2) Be elevated on legs or extended sidewalls to afford, with or without kickplates, an unobstructed vertical space of at least six (6) inches (15 and 24-hundredths centimeters) under the machine; or (3) Be mounted on rollers or casters which permit easy movement; or (4) Be sealed to the floor. Where used, kickplates shall be easily removable or be capable of being rotated. These kickplates shall be designed and installed to make the area under the machine easily accessible for routine cleaning without unlocking the cabinet door. (f) Counter type machines shall be: (1) Sealed to the counter; or (2) Mounted on 4-inch (10.16 cm) legs or the equivalent; or (3) Easily movable for cleaning with service connections in place. (g) All service connections through an exterior wall of the machines, including water, gas, electrical and refrigeration connections, shall be grommeted, or closed with no opening larger than 1/32 inch (0.79 mm) to prevent the entrance of insects and rodents. All service connections to machines vending time/temperature controlled for safety (TCS) food shall be such as to discourage their unauthorized or unintentional disconnection. (Code 1968, § 19-608; Ord. No. 83-744, § 1, 5-17-83; Ord. No. 07-1051, §§ 3, 6(Exh. B), 9-12-07; Ord. No. 2015-1202, § 96, 12-2-2015)

Houston Code of Ordinances § 20-209 Vending machine locations.

Sec. 20-209. - Vending machine locations. (a) Vending machines, ovens and other equipment shall be located in a room, area or space which can be maintained in a clean condition and which is protected from overhead leakage or condensation from water, waste or sewer piping. The immediate area in which the equipment is located shall be well-lighted and ventilated. Each vending machine shall be located so that the space around and under the machine can be easily cleaned and maintained, and so that insect and rodent harborage is not created. (b) The floor area where vending machines are located shall be reasonably smooth, of cleanable construction, and capable of withstanding repeated washing and scrubbing. This space and the immediate surroundings of each vending machine shall be maintained in a clean condition. (c) Adequate hand-washing facilities, including hot and cold or tempered running water, soap and individual towels, shall be convenient to bulk food machine locations and shall be available for use by employees servicing or loading bulk food machines. (d) In operations where vending machines are rented, leased or owned by persons other than the holder of the commissary food dealer's permit, the facilities for cleaning and hand-washing, and for garbage and refuse storage and disposal may be provided by persons owning, renting or leasing the vending machine(s) or by other persons. However, it is the responsibility of the holder of the commissary food dealer's permit to see that all of the requirements of this article are fulfilled. (e) Outdoor food vending areas, overhead protection. If located outside, a machine used to vend food shall be provided with overhead protection except that machines vending canned beverages need not meet this requirement. (Code 1968, § 19-609; Ord. No. 83-744, § 1, 5-17-83; Ord. No. 07-1051, §§ 3, 6(Exh. B), 9-12-07)

Houston Code of Ordinances § 20-210 Single-service articles.

Sec. 20-210. - Single-service articles. Single-service articles shall be purchased in sanitary packages which protect the articles from contamination, shall be stored in a clean, dry place until used, and shall be handled in a sanitary manner. Such articles shall be furnished to the customer in the original individual wrapper or from a sanitary single-service dispenser. All single-service articles shall be protected from manual contact, dust, insects, rodents, and other contamination. (Code 1968, § 19-610; Ord. No. 83-744, § 1, 5-17-83; Ord. No. 07-1051, §§ 3, 6(Exh. B), 9-12-07)

Houston Code of Ordinances § 20-211 Equipment cleaning.

Sec. 20-211. - Equipment cleaning. (a) All equipment at the vending location must be kept clean. Food-contact surfaces, if any, must be cleaned, rinsed and sanitized as often as necessary to keep such surfaces clean. The health officer may establish set frequencies for such cleanings to protect the public health based upon the type of product being dispensed, and the operator shall comply with any such requirements. (b) The cavities and door edges of microwave ovens must be cleaned at least once a day with nonabrasive cleaners and shall be kept free of encrusted grease deposits and other accumulated soil. All doors, seals, hinges and latch fasteners (screws and related hardware) shall be kept tight and adjusted in accordance with manufacturer's procedures. (c) Food contact surfaces of all equipment and utensils must be protected from contamination at all times including while being transported from the commissary to the vending location. (Code 1968, § 19-611; Ord. No. 83-744, § 1, 5-17-83; Ord. No. 07-1051, §§ 3, 6(Exh. B), 9-12-07; Ord. No. 2025-743, § 29, 8-27-2025)

Houston Code of Ordinances § 20-212 Water supplies.

Sec. 20-212. - Water supplies. (a) All water used in vending machines shall be of a safe and sanitary quality and from a source constructed and operated according to all applicable laws. Water used as a food ingredient shall be piped to the vending machine under pressure, except that in controlled location vending machines, water may be obtained from a safe source and carried to the machines in containers that are clean and of good sanitary construction. External water-fill parts and drawers of controlled location vending machines shall be designed so that covers and drawers are secured to the machine. All plumbing connections and fittings shall be installed and maintained according to all applicable laws. (b) If used, water filters or other water conditioning devices shall be of a type which may be disassembled for periodic cleaning or replacement of the active element. (c) To prevent leaching of toxic materials caused by possible interaction of carbonated water, piping and contact surfaces, post-mix soft drink vending machines manufactured after January 1, 1975, which are designed with an incoming water supply air gap, shall have no copper tubing or other potentially toxic water system tubing between the air gap and the downstream, carbonated water dispensing nozzle. (d) To prevent leaching of toxic materials caused by possible interaction of carbonated water, piping and contact surfaces, of post-mix soft drink vending machines which are indirectly connected to the external water supply system shall be equipped with a double (or two single) spring-loaded check valve or other devices which will provide positive protection against the entrance of carbon dioxide or carbonated water into the water supply system. Backflow preventive devices shall be located to facilitate servicing and maintenance. No copper tubing or other potentially toxic tubing or contact surfaces shall be permitted in or downstream from the check valves or backflow devices. These check valves or backflow devices shall be inspected and cleaned or replaced not less than once every 12 months, and the holder of the food dealer's permit under which the machine is operated shall maintain a record thereof for inspection by the health officer upon request. (e) Where spring-loaded check valves are used to prevent the backflow of carbon dioxide into accessible upstream copper or to other potentially toxic piping or tubing, a screen of not less than 100 mesh to the inch shall be installed in the water line immediately upstream from the check valves in a location which permits servicing or replacement. (f) In all vending machines in which carbon dioxide is used as a propellant, all food-contact surfaces from the check valves or other protective devices, including the valves of devices, shall be of such material as to preclude the production of toxic substances which might result from interaction with carbon dioxide or carbonated water. (Code 1968, § 19-612; Ord. No. 83-744, § 1, 5-17-83; Ord. No. 07-1051, §§ 3, 6(Exh. B), 9-12-07)

Houston Code of Ordinances § 20-213 Trash and garbage.

Sec. 20-213. - Trash and garbage. (a) All trash and other solid or liquid waste shall be removed from the machine location as frequently as may be necessary to prevent nuisances and unsightliness, and shall be disposed of in a lawful manner. (b) Self-closing, leak-proof, easily cleanable, insect-proof and rodent-proof waste receptacles shall be provided in the vicinity of each machine or machines to receive used cups, cartons, wrappers, straws, closures, and other items. Plastic bags and wet strength paper bags may be used to line the receptacles. Soiled waste receptacles shall be cleaned at such frequency as is necessary to prevent insect and rodent attraction. Waste receptacles shall not be located within the vending machines, with the exception of those machines dispensing only packaged food with crown closures and ring tabs; in which case, the closure receptacles may be located under counters or otherwise enclosed in a manner that will not create a nuisance or prevent space around and under the counter or enclosure from being easily cleaned and maintained. Suitable racks or cases shall be provided for multiuse containers or bottles. (c) Containers shall be provided within all machines dispensing liquid food in bulk for the collection of drip, spillage, overflow, or other internal wastes. Such machines shall be equipped with an automatic shut-off device at the waste pail or other devices or valves which will place the machine out of operation before the waste pail overflows. Such devices shall prevent water or liquid product from continuously running in the event of the failure of any single control, high level control, or other flow-control device in the liquid product or water system. Controlled location vending machines not connected to a water supply system which generate no internal liquid wastes may be equipped with easily removable drip pans at the dispensing platform in lieu of internal waste containers and automatic shut-off devices. Controlled location vending machines that are connected to a water supply and have no internal waste containers, shall be equipped with at least 2 independently operated controls to prevent the continued flow of water in the event of failure of any single flow-control device. Containers or surfaces on which such wastes may accumulate shall be readily removable for cleaning, shall be easily cleanable, and shall be corrosion-resistant. If liquid wastes from drip, spillage or overflow which originate within the machine are discharged into a sewage system, the connection to the sewer shall be through an air gap. (Code 1968, § 19-613; Ord. No. 83-744, § 1, 5-17-83; Ord. No. 07-1051, §§ 3, 6(Exh. B), 9-12-07)

Houston Code of Ordinances § 20-214 Machine identification, required lettering; records.

Sec. 20-214. - Machine identification, required lettering; records. (a) On each vending machine there shall be conspicuously and permanently displayed, in letters of at least one-fourth inch in height, the business name, service telephone number and information notifying users of the machine of the telephone number of an agent of the operators where persons can report malfunctions of the machine and request refunds of money put into the machine when the machine has malfunctioned. The telephone number of the health department to which consumers may call to register complaints regarding the sanitation of the machine shall also be conspicuously and permanently displayed on each vending machine other than those machines described in section 20-216 of this Code which do not dispense any time/temperature controlled for safety (TCS) foods. Such information shall be posted in numbers and letters of at least one-fourth inch in height. The health officer may designate the location, wording and manner in which the information required under this section shall be posted on vending machines if he finds that such requirements will aid in notifying consumers of the information, and operators shall comply with such requirements. (b) All operators of vending machines, except as provided in section 20-216 of this Code, shall: (1) Maintain, at the operator's headquarters or at some other designated location within the city, a current list of all vending machines operated by such operator within the city and the complete address of each machine location and of all commissaries or other establishments from which his machines are serviced. This information shall be furnished to the health officer as a requirement for the renewal of the food dealer's permit and shall be available for inspection by the health officer during regular business hours; (2) Notify the health department, in writing, within 30 calendar days of each new location at which vending machines that dispense time/temperature controlled for safety (TCS) food, hot or cold cup beverages or bulk foods have been placed in operation; and (3) Notify the health department, in writing, within 30 calendar days of any change in operations involving new types of vending machines or conversions of existing machines to dispense products other than those for which the machines were originally designed and constructed. (Code 1968, § 19-614; Ord. No. 83-744, § 1, 5-17-83; Ord. No. 07-1051, §§ 3, 6(Exh. B), 9-12-07; Ord. No. 2015-1202, § 96, 12-2-2015)

Houston Code of Ordinances § 20-215 Permits.

Sec. 20-215. - Permits. (a) No person shall operate one or more vending machines, other than those vending machines which are exempt under section 20-216 of this Code, without first having obtained a food dealer's permit issued by the city health department in accordance with the requirements and provisions of article II of this chapter. Compliance with the requirements of this article and all other applicable provisions of this chapter shall be a condition for the issuance of a food dealer's permit when any vending machines are to be operated by the permit holder. (b) No person shall operate any vending machine unless the permit holder has notified the health department, in writing, that he intends to operate one or more vending machines under his permit. Upon receipt of such information, the health department shall make a notation on the permit that one or more vending machines are being operated by the permit holder. Such permits are not transferable. (c) A food dealer's permit may be revoked or suspended for violations of the requirements of this article, for conditions existing in connection with one or more vending machines operated by the permit holder which pose a substantial hazard to public health, for repeated or serious violations of other applicable provisions of this chapter, or repeated or serious violations of federal or state food laws. Any such suspension or revocation shall be made in accordance with the procedures set out in article II of this chapter. (Code 1968, § 19-615; Ord. No. 83-744, § 1, 5-17-83; Ord. No. 07-1051, §§ 3, 6(Exh. B), 9-12-07)

Houston Code of Ordinances § 20-216 Controlled location machines.

Sec. 20-216. - Controlled location machines. All controlled location vending machines and vending machines which dispense exclusively bottled or canned soft drinks, prepackaged ice, water, candy, cookies, crackers, or similar prepackaged, non-time/temperature controlled for safety (TCS) food snacks, or ball gum, nuts, and panned candies are exempt from the requirements of sections 20-214(b) and 20-215 of this Code, but shall meet all other applicable requirements of this article. (Code 1968, § 19-616; Ord. No. 83-744, § 3, 5-17-83; Ord. No. 07-1051, §§ 3, 6(Exh. B), 9-12-07; Ord. No. 2015-1202, § 95, 12-2-2015)

Houston Code of Ordinances § 20-217 Inspections.

Sec. 20-217. - Inspections. The health officer, after proper identification, shall be permitted to enter at any reasonable time upon any private or public property where vending machines or commissaries are operated, or from which such machines are otherwise serviced, for the purpose of determining compliance with the provisions of this article and all other applicable provisions of this chapter. The operator shall make provisions for the health officer to have access to the interior of all food vending machines operated by him in the company of the operator or his employee. (Code 1968, § 19-617; Ord. No. 83-744, § 1, 5-17-83; Ord. No. 07-1051, §§ 3, 6(Exh. B), 9-12-07)

Houston Code of Ordinances § 20-218 Inspection reports.

Sec. 20-218. - Inspection reports. (a) Whenever an inspection of a food vending machine or machines is made, the original of the completed inspection form shall be furnished to the operator. A copy shall be made and, the copy shall become part of the health officer's permanent files. (b) Whenever the health officer discovers a violation of any provision of this article or other applicable laws, he shall notify the operator concerned either by the inspection report form or by other written notice. Such form or notice shall: (1) Describe the condition found; and (2) Provide a specific period of time for the correction of the condition. (c) The provisions of this section shall not relieve any person of criminal or civil penalties for such violation. (Code 1968, § 19-618; Ord. No. 83-744, § 1, 5-17-83; Ord. No. 07-1051, §§ 3, 6(Exh. B), 9-12-07)

Houston Code of Ordinances § 20-219 Compliance; penalties for violation.

Sec. 20-219. - Compliance; penalties for violation. (a) No person shall place or cause to be placed any food in a vending machine in the city unless the vending machine and the food placed in such machine are in full compliance with all applicable provisions of this article and all other applicable laws. (b) A permit holder shall ensure that all vending machines which he is operating and all food placed in such machines are in full compliance with this article and all other applicable laws. (c) Whenever the health officer shall find any article of food which is adulterated, misbranded or detrimental to public health, he shall cause such article to be tagged or otherwise properly marked as provided by law. When it is not possible to tag the articles of food within a vending machine, the health officer shall cause the machine containing the food items in question to be tagged. (d) Any person who violates any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $50.00 nor more than $2,000.00; provided however, if such person is convicted of an offense under this article which offense is also a violation of the penal laws of the state, such person shall be subject to the penalties set out in the penal laws of Texas for the offense. (Code 1968, § 19-619; Ord. No. 83-744, § 1, 5-17-83; Ord. No. 92-1449, § 36, 11-4-92; Ord. No. 07-1051, §§ 3, 6(Exh. B), 9-12-07)
Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH20FODR_ARTIVVEMAFetched: 10/26/2026

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