Permits and Licenses

El Paso City Code tit. 9, ch. 9.12, art. II

in effect

El Paso City Code § 9.12.020 Required—Transfer—Display.

9.12.020 - Required—Transfer—Display. A. No person who does not have both a valid permit issued by the director and a valid license issued by the city shall operate an establishment. To obtain a permit and a license involves a two-step process which is discussed later in this chapter. A private social event is exempt from the requirements of this chapter. Neither a permit nor license issued under this article is transferable from one person to another or from one location to another. The permit and license as required shall be posted in every establishment in a location conspicuous to consumers. B. A person planning to construct, convert an existing structure or remodel an existing establishment shall submit plans to the director for review and approval at least ten working days prior to construction. C. This chapter does not relieve a person from any requirements of any other part of the El Paso City Code. (Ord. 17162, § 1, 8-11-2009)

El Paso City Code § 9.12.030 Permit—Application—Contents.

9.12.030 - Permit—Application—Contents. Any person desiring to operate an establishment shall submit a written application for a permit on forms provided by the director. Such application shall include: A. Name, address, telephone number, facsimile number, cell phone number, e-mail address and building services - zoning approval stamp for each location of the proposed establishment; B. Name, address, telephone number, facsimile number, cell phone number, e-mail address of the owner of the proposed establishment; if the owner(s) is a corporation, association or partnership, the names and addresses of the officers or partners; C. Name, address and telephone number of the establishment manager; D. Name, date, title and signature of the applicant; E. Any other information reasonably required by the director; F. In addition to the above requirements, any mobile establishment must provide the license number and vehicle registration number for the proposed mobile establishment; and any recurrent, seasonal, temporary, mobile, or nonprofit organization must provide a schedule of all dates, times and locations for proposed food operation and request either a permit for handling exposed food or for handling unexposed food. G. The director must receive a completed temporary establishment application and the applicable fee(s) at least seventy-two hours prior to the start of any event. If the required application and fee(s) are submitted less than seventy-two hours prior to the start of any event, a late penalty will be imposed equal to twice the applicable license fee(s). (Ord. 17162, § 1, 8-11-2009)

El Paso City Code § 9.12.035 Permit—Application fee.

9.12.035 - Permit—Application fee. A permit application-processing fee identified in the adopted budget resolution for the current fiscal year or other appropriately adopted resolution by the city council shall be assessed at the time of application submittal. Said fee shall allow the application to remain pending with the director for up to twelve months during the approval process. A subsequent processing fee identified in the adopted budget resolution for the current fiscal year or other appropriately adopted resolution by the city council must be paid prior to the expiration of said twelve-month period in order for the application to remain pending with the director, or the application shall be voided. Temporary and seasonal applications are exempt from the processing fee and shall be maintained for no more than thirty days. (Ord. 17162, § 1, 8-11-2009)

El Paso City Code § 9.12.040 Permit—Approval process.

9.12.040 - Permit—Approval process. A. Upon receipt of a completed application for a permit and payment of the established application processing fee, the director shall conduct the appropriate inspections. The city manager and his designees, including but not limited to the code enforcement division and the building official, shall conduct an inspection of all plumbing and plumbing fixtures of the establishment prior to the site assessment and after payment of the established fee. If the plumbing inspection is approved, then the site assessment is conducted. The director shall approve issuance of a permit if the assessment reveals compliance with the requirements of this chapter and compliance with all city ordinances governing the proposed operation. B. If the plumbing inspection is approved, then the site assessment is conducted. The director shall approve issuance of a permit if the assessment reveals compliance with the requirements of this chapter and compliance with all city ordinances governing the proposed operation. The established site assessment fee shall be paid at the time the permit application is submitted and must be paid prior to the site assessment occurring. One or more additional established site assessment fees will be required for follow up site assessments for any establishment that does not qualify to receive the permit at the time of an assessment visit. C. During the site assessment of a mobile establishment regulated under Chapter 12.46 of the El Paso City Code, conducted on and after June 15, 2001, the director shall inspect the flashing or blinking signals required under that chapter, and no permit shall be issued unless such signals are present and operational. (Ord. 17162, § 1, 8-11-2009; Ord. No. 17392, § 2, 8-24-2010, eff. 9-1-2010; Ord. No. 17544, § 2, 4-26-2011)

El Paso City Code § 9.12.050 Permit—Contents.

9.12.050 - Permit—Contents. Upon successful completion of the permit approval process, the director shall issue a permit to the establishment. The director shall state on the issued permit the name of the owner, the name of the establishment, permit or authorization number issued, date of issuance, date of expiration if applicable, assessed license category number if applicable and permit restrictions as follows: A. No restrictions. Establishment meets all minimum physical requirements for full food service operation; B. Restricted to prepackaged food, exposed food with limited preparation and, based on equipment, complex preparation of potentially hazardous food is limited; C. Restricted to prepackaged food only, and includes potentially hazardous food; D. Restricted to prepackaged food only, and excludes potentially hazardous food; E. Restricted to prepackaged and exposed non-potentially hazardous food; F. Restricted to the operation of a care facility utilizing prepackaged foods and exposed food including potentially hazardous foods requiring no further cooking with limited preparation. Food service activities other than those required for the care facility are prohibited; G. Restricted to the operation of a care facility utilizing prepackaged and exposed non-potentially hazardous food requiring no further cooking with limited preparation. Food service activities other than those required by the care facility are prohibited; H. Full food service operations limited to those required for the care facility; I. Prepackaged food, no potentially hazardous foods, occupying two hundred square feet or less including coffee provided at bed and breakfast limited and extended, as defined in the Texas Food Establishment Rules, in covered urn or carafe served for hospitality purposes only. All coffee and condiments used in the coffee service must be prepackaged and non-dairy prepackaged creamers must be used. All utensils must be single service items designed for one time one person use. J. Restricted to the operation of a meat establishment, warehouse or food processing plant that manufactures, packages, labels or stores food for human consumption, does not provide food directly to a consumer and is under direct supervision of an authorized Federal or State inspection agency. K. Permit issued in conjunction with a special privilege license approved by city council and expiring at the time that the special privilege license expires. (Ord. 17162, § 1, 8-11-2009)

El Paso City Code § 9.12.060 License—Permit prerequisite—Fee.

9.12.060 - License—Permit prerequisite—Fee. To obtain a license, the permittee shall present the permit to the city license section and pay to the city the license fee identified in the adopted budget resolution for the current fiscal year or other appropriately adopted resolution by the city council for said license for each location at which an establishment is operated. Due to the nature of the operation of mobile, recurrent, seasonal, outdoor market and temporary establishments, license fees must be paid at time of application. (Ord. 17162, § 1, 8-11-2009)

El Paso City Code § 9.12.070 License—Categories—Term.

9.12.070 - License—Categories—Term. A. The following license categories are subject to the license fee identified in the adopted budget resolution for the current fiscal year or other appropriately adopted resolution by the city council. The license term is for one year from the date of issuance unless otherwise specified within this chapter. B. Meat establishment, warehouse or food processing plant under direct supervision of an authorized federal or state inspection agency and whose product bears the inspection legend of the agency under whose supervision the meat was slaughtered, fabricated, processed, prepared or stored; however, if other food activities, not directly supervised by federal or state inspection agencies, are present in the establishment, it shall be licensed in accordance with subsection K. of this section. C. Unexposed temporary, recurrent and seasonal establishments. 1. Temporary establishment handling unexposed food licenses are valid for no more than fourteen consecutive days in conjunction with a single event or celebration. 2. Recurrent establishment handling unexposed food. 3. Seasonal establishment handling unexposed food are valid for no more than six consecutive months in conjunction with a regularly occurring event. D. Exposed temporary, recurrent and seasonal establishments. 1. Temporary establishment handling exposed food licenses are valid for no more than fourteen consecutive days in conjunction with a single event or celebration. 2. Recurrent establishment handling exposed food. 3. Seasonal establishment handling exposed food licenses are valid for no more than six consecutive months in conjunction with a regularly occurring event. E. Establishment operating as a home child care facility. F. Establishment operating as a day care center to provide day care for more than twelve care recipients. G. Any charitable or nonprofit organization handling food in any manner is exempt from permit and license fees; this does not exempt these facilities from complying with other requirements of this chapter. H. Mobile establishment handling unexposed food. I. Mobile establishment handling exposed food. J. Establishment operating as a kiosk. K. The fee for all other establishments is based on overall square footage of the establishment area according to the following schedule: 1. Under 3,000 square feet. 2. 3,001 to 6,000 square feet. 3. 6,001 to 9,000 square feet. 4. 9,001 or more square feet. Original license fees will be based on the square footage of the establishment area at the time it commences operation. Fees will be adjusted if the area is remodeled, and fees shall be increased or decreased according to any change in square footage category of the establishment area. L. Duly organized outdoor markets that are used exclusively for the purpose of selling produce, plus a fee for each vendor. M. Reserved. N. Care facility in which care is provided for twenty-four hours a day for four or less care recipients. O. Care facility in which care is provided for twenty-four hours a day for five to eight care recipients. P. Care facility in which care is provided for twenty-four hours a day for nine to eighteen care recipients. (Ord. 17162, § 1, 8-11-2009; Ord. No. 18202, § 3, 7-1-2014; Ord. No. 19167, § 2, 4-13-2021)

El Paso City Code § 9.12.080 Suspension—Notification.

9.12.080 - Suspension—Notification. A. The director or designee may, without warning, notice or hearing suspend the permit and license to operate the establishment if: 1. Conditions exist in an establishment that constitute an imminent health hazard; 2. The establishment operation has serious or repeated violations of any of the requirements of this chapter. B. Whenever a permit and license are suspended the holder of the permit and license, manager or the person in charge shall be notified in writing. The notice shall: 1. State that the permit and license are, upon service of notice, immediately suspended; 2. Order the establishment to immediately cease operation; and 3. Set out the corrective measures to be completed for reinstatement of permit and license. 4. In lieu of permit and license suspension, an establishment may choose to voluntarily cease food operations until such time as all imminent health hazards and violations pertaining to the establishment sanitation and condition are in compliance. The establishment may not resume food operations until authorized by the director through re-inspection. Inspection personnel shall obtain approval for the voluntary closure through the program manager or designee in the program manager's absence. C. The director may rescind the permit and license suspension, by written notice, when the reasons for suspension no longer exist. The re-inspection fee identified in the adopted budget resolution for the current fiscal year or other appropriately adopted resolution by the city council must be paid upon receipt of said written notice, which will appear in an inspection report. After payment of said fee to the city, the establishment will then be allowed to resume food operations. D. Hazard analysis and critical control point inspection is required of any establishment receiving a failing score three or more times in one calendar year or any establishment confirmed as the source of a food borne disease outbreak. A fee identified in the adopted budget resolution for the current fiscal year or other appropriately adopted resolution by the city council must be paid upon notification contained in an inspection report. An establishment not paying the required fee must cease operations until the fee is paid and inspection is scheduled with the director. (Ord. 17162, § 1, 8-11-2009)

El Paso City Code § 9.12.090 Revocation—Notification.

9.12.090 - Revocation—Notification. A. The director may revoke a permit and license by written notice to the holder of the permit and license, manager or the person in charge, when: 1. An establishment continues to operate while the permit and license are suspended; 2. The establishment operation has serious or repeated violations of any of the requirements of this chapter; 3. The establishment or any of its employees has interfered with the director in the performance of its duty. B. Whenever the permit and license are revoked, the holder of the permit and license, manager or the person in charge shall be notified in writing that: 1. The permit and license are, upon service of notice, immediately revoked; 2. Order the establishment to immediately cease operation; 3. Set out the reasons as to why the permit and license are revoked. C. Whenever a revocation of permit and license has become final, the holder of the revoked permit shall make an application for a new permit and license in accordance with the procedures established in Sections 9.12.020 through 9.12.060. (Ord. 17162, § 1, 8-11-2009)

El Paso City Code § 9.12.100 Suspension or revocation—Appeal.

9.12.100 - Suspension or revocation—Appeal. A. A person who has a permit or license issued under this title, who has been served with a suspension or revocation notice of said permit or license, may appeal the director's action to the city manager as provided herein. Within ten business days of issuing a suspension or revocation notice, the director or designee shall prepare a report indicating the reasons for the suspension or revocation, and shall provide a copy to the person. The director's decision is final unless within ten calendar days from the date of receiving the director's report, the person files with the city clerk a written appeal to the city manager specifying reasons for the appeal. Said appeal shall also include a written rebuttal to the director's report. B. The city manager or his designated deputy city manager shall review the director's report and the appellant's rebuttal. The city manager or designee may allow the appellant to make an oral presentation or submit additional rebuttal. The city manager or designee shall make a ruling on the appeal within fifteen calendar days after the appeal has been filed. C. The city manager or designee shall sustain, reverse or modify the action of the director and shall notify the appellant of his decision in writing. The decision of the city manager or designee is final. (Ord. 17162, § 1, 8-11-2009)

El Paso City Code § 9.12.110 Service of notice.

9.12.110 - Service of notice. Any notice provided for in this chapter is properly served when it is delivered to the owner, manager, or person in charge or when it is sent by certified mail, return receipt requested, to the owner at the last known address. (Ord. 17162, § 1, 8-11-2009)

El Paso City Code § 9.12.120 Display of business name.

9.12.120 - Display of business name. Only the officially permitted and licensed business name or designation shall be posted or displayed by an establishment and its vehicles. All other names, designations or signs must be changed, covered or removed. The owner of an establishment must change all signs, labels and advertising to the new officially recognized business name or designation before the permit and license change become effective. Care facilities must meet all zoning requirements. (Ord. 17162, § 1, 8-11-2009)

El Paso City Code § 9.12.125 Fee adoption and display.

9.12.125 - Fee adoption and display. Fees required under this chapter shall be as adopted from time to time by the city council, as set forth in the adopted budget resolution for the current fiscal year or other appropriate resolution of the city council. Such fees shall be used to defray the costs of providing the various services under this chapter. Fees for booklets and publications created by the department of public health shall be as set forth in the adopted budget resolution for the current fiscal year or other appropriate resolution of the city council, or may be established by the department director in such an amount as to recover the costs of the production of such booklet or publication. A copy of all fees adopted by city council and fees for booklets and publications that may be established by the director under this chapter shall be displayed at the office of the director of the department of public health or at such other location in the department as established by the director. (Ord. 17162, § 1, 8-11-2009)

Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT9HESA_CH9.12FOFOHAES_ARTIIPELIFetched: 10/28/2026