PERMITS, MEDALLIONS, ETC.

Houston Code of Ordinances ch. 20, art. II, div. 2

in effect

Houston Code of Ordinances § 20-36 Food dealer's permit.

Sec. 20-36. - Food dealer's permit. (a) Except as permitted in subsection (e) of this section, no person shall operate a food establishment or a food processing plant, other than a mobile food unit, who does not possess a valid permit issued to him by the health officer. The permit shall be known as a 'food dealer's permit'. Only a person who complies with the requirements of this article shall be entitled to receive or retain a food dealer's permit. A food dealer's permit shall only be valid for the location specified thereon and may not be transferred from place to place. A food dealer's permit shall become void upon the closing of any sale of the establishment. A valid permit shall be posted in view of the public in every food establishment, food processing plant, and temporary food service establishment. Permits for temporary food service establishments shall be issued for a period of time not to exceed 14 consecutive days in conjunction with a single event. A temporary food dealer's permit shall not be required if: (1) The temporary food service establishment is operated by a person who holds a valid food dealer's permit issued under this article; (2) The operation of the temporary food service establishment is within the scope of the permit holder's regulated and inspected activities as the holder of a food dealer's permit; and (3) All food is prepared inside of the permitted establishment by the holder of the valid food dealer's permit and then served outdoors on the same premises. All food dealer's permits shall remain the property of the department. (b) Any person desiring to obtain or renew an existing food dealer's permit shall make written or electronic application for a permit on forms provided by the health officer. The application shall include at least the applicant's full legal name and post office address and the location and type of proposed food processing or food service establishment. An application for a temporary food dealer's permit shall include at least the applicant's full legal name, the inclusive dates of the proposed operations, and the name, address, and telephone number of the owner or owners of the property where the temporary food service establishment is to be located, and attached to the application is a statement signed by the owner of the property or his authorized agent, stating that arrangements have been made for the proper disposal of all rubbish, trash, and garbage and for maintaining the property free from litter and nuisance during the total period of operation up to and including any clean up time required to remove all rubbish, trash, garbage, and litter resulting from the food service. (c) Prior to approval of an application for a food dealer's permit or mobile food unit medallion, the health officer shall inspect the proposed establishment to determine compliance with the provisions of this article. Prior to approval of an application for a temporary food dealer's permit, the health officer shall review the application to determine compliance with the provisions of this article. (d) The health officer shall issue a permit to the applicant if inspection or review in the case of a temporary food permit application reveals that the proposed food establishment complies with the requirements of this article. (Ord. No. 99-1346, § 1, 12-15-99; Ord. No. 07-229, §§ 1a, 2, 2-21-07; Ord. No. 07-1051, § 2(Exh. A), 9-12-07; Ord. No. 2015-820, §§ 33, 34, 8-26-2015; Ord. No. 2025-743, § 9, 8-27-2025)

Houston Code of Ordinances § 20-37 Mobile food unit medallion.

Sec. 20-37. - Mobile food unit medallion. (a) Any person desiring to operate one or more mobile food units in the city other than restricted operations mobile food units shall obtain an individual medallion for each operating mobile food unit from the health officer. Each medallion will be issued unit-by-unit only after an inspection reveals satisfactory compliance with the provisions of section 20-22 of this Code. The medallions shall remain the property of the department. (b) No person shall operate or cause to be operated any mobile food unit that does not possess a valid medallion issued by the health officer. (c) A medallion shall be affixed by the health officer or his authorized agents on the mobile food unit in a conspicuous place where it can be viewed by patrons. (d) Application for a medallion shall be made electronically or on forms provided by the health officer. The application shall include, at a minimum, the applicant's full legal name and post office address; the address of the location at which the mobile food unit is stationed when not in use; the business name and address of the commissary or other fixed food service establishment from which time/temperature controlled for safety (TCS) food supplies are obtained; the address of the servicing area; a description of the mobile food unit that includes the manufacturer's make, model, and serial number, the vehicle's state registration number, and the signature of the applicant. (e) All of the provisions of this article pertaining to food service establishments shall apply to the commissary or other fixed food service establishment from which the food supplies are obtained. Any suspension or revocation of the food dealer's permit for a food service establishment will be cause for suspension or revocation of the medallion of any mobile food unit that is supplied or serviced by the establishment. (Ord. No. 99-1346, § 1, 12-15-99; Ord. No. 07-1051, § 2(Exh. A), 9-12-07; Ord. No. 2015-1202, § 96, 12-2-2015; Ord. No. 2025-743, § 10, 8-27-2025)

Houston Code of Ordinances § 20-38 Fees; transfer of medallion.

Sec. 20-38. - Fees; transfer of medallion. (a) At the time of issuance of an original food dealer's permit and each renewal thereof, the person requesting the permit shall pay to the health officer a permit fee for one complete year from the date of issuance. Except as otherwise provided, permit fees shall be determined by the defined risk level presented by the food establishment. (b) Fee amounts shall be determined according to the city fee schedule, as follows: (1) Permit fees. The nonrefundable annual fee for a food dealer's permit shall be based on the defined risk level presented by the establishment to be licensed. (1a) Temporary food establishments, as defined, shall be charged a non-refundable base fee for up to 14 consecutive days in conjunction with a single event. The temporary food service permit fee shall be paid at the time the application is submitted. (2) Mobile food unit medallion—Fee; transferability. At the time of issuance of an original medallion to operate a mobile food unit and each renewal thereof, the person requesting the medallion shall pay to the health officer a fee for one complete year from the date of issuance. Medallions are not transferable from one person to another nor from one mobile food unit to another mobile food unit. (3) Mobile food unit medallion—Replacement fee. An individual who has lost a valid, current food dealer's permit or mobile food unit medallion may obtain a replacement from the health officer upon payment of the replacement fee. (4) Special investigative fee. In addition to the permit fee as specified in item (1) above, there is hereby assessed the special investigative fee stated in the city fee schedule, which shall be payable for any renewal of a food dealer's permit if the renewal application is not received in the offices of the department in completed form and accompanied by the permit fee therefor on or before the business day after the date of expiration of the permit to be renewed. For purposes of this fee, any new permit issued to the same person(s) for a food establishment at the same location shall be deemed to be a renewal, unless the person(s) demonstrate to the health officer, by clear and convincing evidence, that the food establishment has not been operated since the prior permit expired. This investigative fee shall also be applicable in the event that the complete application including payment for a temporary food service establishment permit is not received at the department at least seven days prior to beginning of temporary food service operations as specified in section 20-36(b) of this Code. This special investigative fee is imposed to partially defray the additional inspection and administrative costs related to late renewals and applications. It shall not be considered to be a civil or criminal penalty, nor shall its imposition bar or constitute a defense to any prosecution for operation of a food establishment without a food dealer's permit. (c) The fees otherwise required by this section shall not be imposed by the health officer for the issuance of a food dealer's permit to operate a temporary food service establishment within a city park if each of the following criteria is met: (1) The temporary food service establishment is being operated by a community-based organization as part of a public gathering for which a permit has been issued under article III of chapter 32 of this Code, and the director of parks and recreation has waived user fees for the gathering pursuant to section 32-69(f) of this Code; (2) All persons responsible for organizing and working in the temporary food service establishment are unpaid volunteers; and (3) All proceeds from the operation of the temporary food service establishment are retained to be used for the benefit of the community-based organization or are donated to the city. The provisions of this subsection shall not be construed to excuse the community-based organization from obtaining a temporary food dealer's permit or from complying with any other applicable provision of this article. (d) All food service establishments, except mobile food units and temporary food establishments, shall pay the nonrefundable annual fee stated for this provision in the city fee schedule for each interceptor to obtain a registration certificate, as provided in section 47-423 of this Code. (e) All fees collected pursuant to this section are not refundable. (Ord. No. 99-1346, § 1, 12-15-99; Ord. No. 02-528, § 13b., 6-19-02; Ord. No. 04-91, § 2, 2-4-04; Ord. No. 07-544, § 41, 5-9-07; Ord. No. 07-1051, § 2(Exh. A), 9-12-07; Ord. No. 2010-1016, § 2, 12-15-2010; Ord. No. 2011-1168, § 13, 12-14-2011; Ord. No. 2013-617, § 15, 6-19-2013; Ord. No. 2015-820, § 34, 8-26-2015; Ord. No. 2015-1202, §§ 67—69, 12-2-2015; Ord. No. 2025-743, § 11, 8-27-2025)

Houston Code of Ordinances § 20-39 Frozen desserts retail establishments.

Sec. 20-39. - Frozen desserts retail establishments. In addition to any other information required to be furnished to the health officer pursuant to section 20-36 of this Code, each applicant for a food dealer's permit shall be required to disclose to the health officer whether the proposed establishment or mobile food unit constitutes a frozen desserts retail establishment. The term 'frozen desserts retail establishment,' as used in this section, shall mean any premises, including a retail store, approved type stand, hotel, restaurant, vehicle or mobile food unit, where frozen dessert mixes are frozen or partially frozen and dispensed for retail sale or distribution. (Ord. No. 99-1346, § 1, 12-15-99; Ord. No. 02-528, § 13c., 6-19-02; Ord. No. 07-1051, § 2(Exh. A), 9-12-07; Ord. No. 2011-1168, § 13, 12-14-2011; Ord. No. 2025-743, § 12, 8-27-2025)

Houston Code of Ordinances § 20-40 Term.

Sec. 20-40. - Term. A food dealer's permit shall be valid for one year from the date of issuance and shall be renewed on or before the expiration date of the previous permit. Each mobile food unit medallion shall be valid for one year from the date of issuance and shall be renewed on or before the expiration date of the previous medallion. (Ord. No. 99-1346, § 1, 12-15-99; Ord. No. 07-1051, § 2(Exh. A), 9-12-07)

Houston Code of Ordinances § 20-41 Suspension.

Sec. 20-41. - Suspension. (a) The director of the public health, or at the director's designation in writing, any assistant director may suspend any food dealer's permit or any medallion to operate a mobile food unit, with notice as is reasonable under the circumstances, if the permit or medallion holder does not comply with the requirements of this article or section 21-244 or section 21-247(b) of this Code, or if the operation of the food processing or food service establishment or mobile food unit otherwise constitutes a substantial hazard to public health. Without exclusion of any other grounds, operation of a food establishment in violation of any provision of section 20-53 of this Code is in and of itself sufficient cause for a suspension. Suspension is effective upon service of the notice required by subsection (b) below. Where a permit or medallion is suspended, food processing and/or food service operations shall immediately cease. (b) Whenever a permit or medallion is suspended, written notice shall be given to the permit or medallion holder or the person in charge or any employee or agent of the food establishment or mobile food unit. The notice shall set forth: (1) The specific conditions in the food establishment or mobile food unit that are in violation of this article or that constitute a substantial hazard to public health; (2) That a hearing will be held before a hearing officer; (3) The date, time and place of the hearing; and (4) That the permit or medallion holder may appear in person and/or be represented by counsel, may present testimony and may cross-examine all witnesses. The hearing shall be held not later than ten days after the date the permit or medallion is suspended. (c) All hearings shall be conducted by a person designated by the director of public health, who shall be referred to as the hearing officer. The director shall not designate any person to perform the duties of hearing officer under this section who has participated in the inspection of the food establishment or mobile food unit, or has prior knowledge of the allegations or circumstances discovered in the inspection or inspections except the person designated as hearing officer may, prior to the hearing, receive a copy of the notice given to the permit or medallion holder or the person in charge. (d) All hearings shall be conducted under rules consistent with the nature of the proceedings; provided, however, the following rules shall apply to the hearings: (1) All parties shall have the right to representation by a licensed attorney though an attorney is not required. (2) Each party may present witnesses in his own behalf. (3) Each party has the right to cross-examine all witnesses. (4) Only evidence presented before the hearing officer at the hearing may be considered in rendering the order. (e) If the permit or medallion holder fails to appear at the hearing at the time, place, and date specified, the city shall present sufficient evidence to establish a prima facie case showing violation of this article or conditions constituting a hazard to public health that formed the basis of the suspension of the permit or medallion. (f) If the hearing officer finds that the food service establishment, food processing establishment or mobile food unit was, in fact, in violation of this article or that it constituted a hazard to public health, the hearing officer shall make written findings of fact and shall order the permit or medallion suspended until all violations of this article are corrected and any conditions constituting a hazard to public health are eliminated. A copy of the findings and order of the hearing officer shall be sent by certified mail, return receipt requested, to the permit or medallion holder. (g) If the hearing officer finds that the public interest will be adequately protected by a warning or other penalties authorized under this article, he may reinstate the permit or medallion. (h) Whenever the reasons for a suspension no longer exist, the permit or medallion holder or person in charge shall notify the health officer that the conditions under which the permit or medallion was suspended have been corrected and that an inspection is requested. The inspection shall be conducted as soon as possible after the request is received and in no event no later than three regular working days after the receipt of the request for inspection. (Ord. No. 99-1346, § 1, 12-15-99; Ord. No. 07-1051, § 2(Exh. A), 9-12-07; Ord. No. 2015-820, § 33, 8-26-2015; Ord. No. 2025-743, § 13, 8-27-2025)

Houston Code of Ordinances § 20-42 Reserved.

Houston Code of Ordinances § 20-43 Service of notices.

Sec. 20-43. - Service of notices. Any notice provided for in this article may be served by personal delivery, by registered mail, by public posting at the food service establishment or mobile food unit entrance, by certified mail, return receipt requested, or by any other method authorized by law. (Ord. No. 99-1346, § 1, 12-15-99; Ord. No. 07-1051, § 2(Exh. A), 9-12-07; Ord. No. 2025-743, § 14, 8-27-2025)

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_ARTIIFOESGE_DIV2PEMEETFetched: 10/26/2026