§ 20-36. Food dealer's permit.

(a)

Except as permitted in subsection (e) of this section, no person shall operate a food establishment, 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 and every temporary food service establishment. Permits for temporary food service establishments shall be issued for a period of time not to exceed 21 consecutive days. 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 his 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 a food dealer's permit shall make written application for a permit on forms provided by the health officer. The application shall include the applicant's full name and post office address and whether the applicant is an individual, firm, or corporation, and, if a partnership, the names of the partners, together with their addresses; the location and type of proposed food processing or food service establishment; and the signature of the applicant. If the application is for a temporary food service establishment, the application shall be made at the department offices in person at least seven days prior to the beginning of temporary food service operations. No temporary food dealer's permit shall be granted unless the application also sets out 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. A description of the arrangements and the attendant facilities must be included.

(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.

(d)

The health officer shall issue a permit to the applicant if inspection reveals that the proposed food establishment complies with the requirements of this article.

(e)

Notwithstanding the provisions of section 40-8 of this Code, the director of public health may waive the food dealer's permit and inspection requirements with respect to a temporary food service establishment that is a beverage stand serving only non-potentially hazardous beverages operated by a minor under the supervision of a responsible adult designated by the minor's parent or guardian as part of an activity organized by a non-profit organization whereby the minor keeps any profit earned. The location of the food service establishment must be approved by the director. A waiver of the temporary food dealer's permit and inspection requirements shall be considered only upon written request and after the responsible adult receives a food safety brochure provided by the Houston Health Department.

The responsible adult must be an individual that has not had a food dealer's permit denied or revoked by this or any other licensing entity and must have no more than 5 minors under his supervision during the activity. Once a waiver is issued, it must be available for inspection at the food service establishment during the hours of operation of the establishment.

(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)