9.12.810 - Temporary, recurrent and seasonal establishments.
A. Compliance required.
1. A temporary, seasonal or recurrent establishment shall comply with the requirements of this chapter. At a minimum, temporary establishments will meet the requirements as set forth in the Texas Food Establishment Rules. Temporary, recurrent and seasonal establishments handling potentially hazardous foods must operate from a central preparation facility. A fee for expedited services for temporary establishment applications submitted less than seventy-two hours prior to the start of an event shall be as identified in the adopted budget resolution for the current fiscal year or other appropriately adopted resolution by the city council. The central preparation facility must have all necessary equipment to handle the approved activities. Central preparation facilities shall maintain a score of eighty-five percent or better on the food inspection report rating. A central preparation facility agreement form provided by the director is required and must be signed by the temporary, seasonal or recurrent establishment applicant and central preparation facility owner/operator.
2. All food temperature requirements shall be met as contained in Section 228.71-228.74 of the Texas Food Establishment Rules for temporary, seasonal and recurrent establishments.
3. A mobile establishment that is operating under a valid mobile establishment permit is exempt from the requirement to obtain a separate permit to operate as a temporary, recurrent or seasonal establishment. However, if the temporary, recurrent or seasonal establishment vending opportunity falls on a date beyond the time covered for the mobile establishment's permit, the mobile establishment shall be required to obtain a separate permit to operate as a temporary, recurrent or seasonal establishment.
B. Restricted operations.
1. These provisions are applicable whenever a temporary, seasonal and recurrent establishment is permitted, under the provisions of subsection A. of this section, to operate without complying with all of the requirements of this chapter.
2. Food and food handling.
a. All foods for use in temporary, seasonal or recurrent establishments must be prepared in an establishment approved by the director.
b. The manager, owner or person in charge of a seasonal or recurrent establishment must acquire a valid food protection management certificate. All other employees in a seasonal or recurrent establishment handling food must obtain a valid food handlers certificate.
c. Receipts for all foods used in temporary, seasonal or recurrent establishments must be made available to the director upon request. Foods must be purchased from a source that has been previously inspected and approved by the Director.
d. Preparation of potentially hazardous foods in temporary, seasonal or recurrent establishments as close to the time of event as possible is required.
e. Ice that is consumed or that contacts food shall have been made under conditions meeting the requirements of this chapter. The ice shall be obtained only in chipped, crushed or cubed form and in single-use safe plastic or wet-strength paper bags filled and sealed at the point of manufacture. Ice shall be held in these bags until it is dispensed in a way that protects it from contamination.
C. Equipment.
1. Equipment in temporary, seasonal and recurrent establishments shall be located and installed in a way that prevents food contamination and that also facilitates cleaning the establishment. Equipment and utensils shall be in good condition. The use of utensils not capable of being effectively washed and sanitized is prohibited.
2. Food contact surfaces of equipment in temporary, seasonal or recurrent establishments shall be protected from contamination by consumers and other sources. Where necessary to prevent contamination, effective shields for such equipment shall be provided.
3. Temporary, seasonal and recurrent establishments must provide hot and cold holding equipment for food. This equipment shall be adequate in number and capacity to provide food temperatures as specified under Section 228.71-228.74 of the Texas Food Establishment Rules.
4. Recurrent and seasonal establishments must provide a three-compartment sink for washing, rinsing and sanitizing equipment and utensils as needed.
5. A convenient handwashing lavatory shall be available in recurrent and seasonal establishments for employee handwashing. This facility shall consist of hot and cold running potable water, soap and individual paper towels for recurrent and seasonal establishments. Temporary establishments must meet the requirements for handwashing contained in the Texas Food Establishment Rules.
D. Recurrent, seasonal and temporary establishments shall provide only single service articles for use by the consumer.
E. Recurrent and seasonal establishments shall provide enough hot and cold running potable water in the establishment for food preparation, washing, rinsing and sanitizing utensils and equipment, and handwashing. A heating facility located on the premises and capable of producing enough hot water for these purposes shall be provided. Recurrent and seasonal establishments will be required to submit potable water samples for analysis to a Texas Department of State Health Services certified laboratory prior to permitting. Temporary establishments must meet the requirements in the Texas Food Establishment Rules for potable water.
F. All sewage, including liquid waste, generated from temporary, seasonal or recurrent establishments shall be disposed of through an approved sanitary sewage system that is constructed, maintained and operated according to law.
G. Adequate size and number of waste containers to hold all the garbage and refuse that accumulates from temporary, seasonal or recurrent establishments is mandatory. Containers must be cleanable, leak proof and nonabsorbent. Waste containers inside these establishments must be provided with a tight-fitting lid.
H. Booth requirements for temporary, seasonal and recurrent establishments handling exposed food are as follows:
1. Walls and ceilings must be made of canvas, wood or other material that protects the interior of the booth from the weather.
2. Floors must be constructed of concrete or machine laid asphalt for seasonal and recurrent establishments. Temporary establishments must follow the Texas Food Establishment Rules relating to floors.
3. Outer openings of temporary, seasonal or recurrent establishments shall be protected against entry of insects and rodents by use of sixteen mesh per inch screens, properly designed and installed air curtains or other effective means when flying insects are problematic.
I. All persons engaged in food handling in these establishments shall comply with all personnel requirements as set forth in the Texas Food Establishment Rules.
J. All temporary, seasonal and recurrent establishments handling potentially hazardous foods must operate from a central preparation facility. The central preparation facility must have all necessary equipment to handle the approved activities and maintain a score of eighty-five percent or better on the annual food inspection report rating. The central preparation facility must be constructed and operated in compliance with federal, state and city regulations.
K. All violations in the case of temporary, seasonal or recurrent establishments must be corrected within specified time. If violations are not corrected within such specified time the establishment shall immediately cease food operations.
L. The director shall restrict the number of establishments operating out of a central preparation facility if such operations pose public health concerns.
(Ord. 17162, § 1, 8-11-2009; Ord. No. 17544, § 5, 4-26-2011; Ord. No. 17649, § 15, 9-20-2011; Ord. No. 18450, § 7, 12-15-2015)
