Sec. 13-21. - Required for food establishments in the city.

It shall be unlawful for any person to operate a food establishment or rendering business in the city who does not possess a valid unsuspended or unrevoked permit from the department. No person/owner/operator shall, within the city, manufacture, sell, or offer or expose for sale, or have in possession with intent to sell, any food product without the proper permits. A person operating a temporary food establishment shall also be required to secure a permit before they shall be allowed to operate.

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08)

Sec. 13-22. - Filing application.

Every person desiring a permit to establish, maintain, or operate a food establishment within the city shall make a written application stating the name and residence of the applicant if an individual, or all the members of the firm if an association or partnership, or the name or residence of the applicant, its officers and directors if a corporation, and the location and description of the premises where such food establishment is to be conducted, and file such application with the department.

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08)

Sec. 13-23. - Investigation of application.

It shall be the duty of the director upon the filing of such application to make or cause to be made an investigation of the premises and equipment and appliances to be used in connection therewith for the purpose of determining the fitness and suitability of such premises for a food establishment from a sanitary standpoint, and when such inspection shall have been completed, the director shall file with the department his recommendation for or against issuance of a permit.

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08)

Sec. 13-24. - Issuance of permit.

(a)

If the director is satisfied that the premises, equipment and appliances where a food establishment is to be located, are proper and suitable from a sanitary standpoint, and meet all the requirements of the laws of the state or of the ordinances of the city relating to the conduct and operation of the business named in such application, he shall issue or cause to be issued a permit in accordance with such application, upon receipt of the permit fee provided by section 13-27

(b)

No permit or license for the use, construction, reconstruction or repair of any building or structure used or to be used as a part of a rendering business shall be issued by any department of the city until the plan therefore shall show adequate means for carrying out the provisions of this chapter and until such plan shall have been approved by the director.

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08)

Sec. 13-25. - Form, expiration.

Permits for the operation of food establishments shall be issued under the corporate seal of the city, signed by the director, and shall authorize the person therein named to establish, maintain and operate a food establishment at the place designated in such permit. Such permit shall expire one year from the month of original issuance or renewal, and shall be renewed in each successive year thereafter.

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08)

Sec. 13-26. - Display.

Every person authorized to operate a food establishment in accordance with the provisions of this chapter shall post such permit and the latest city health inspection report, or cause them to be posted, in a conspicuous place within the premises where such food establishment is authorized to be established, maintained or operated.

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08)

Sec. 13-27. - Fees enumerated.

(a)

The annual permit fee to cover the cost of inspection of such food establishments shall be paid in advance upon issuance of such permit as follows:

(1)

For each establishment employing not more than five (5) persons .....$220.00

(2)

Six (6) persons and not more than ten (10) persons .....440.00

(3)

Eleven (11) persons and not more than twenty-five (25) persons .....660.00

(4)

Twenty-six (26) persons and not more than fifty (50) persons .....882.00

(5)

More than fifty (50) persons .....1,100.00

(6)

For each school food establishment (fee includes two (2) inspections per year) .....215.00

(b)

A fee of fifty dollars ($50.00) in addition to those listed above will be charged for inspection of existing food establishments that change ownership and do not require a new certificate of occupancy to be issued.

(c)

A fee of one hundred fifty ($150.00) in addition to the appropriate permit fee listed above in section (a) will be charged for inspection and permit of a food establishment that has been operating without a permit.

(d)

The owner or operator of a restaurant as defined in chapter 36 which chooses to have a designated smoking area shall pay a one-time fee in the amount of fifty dollars ($50.00) to cover inspection expenses in order to establish that:

(1)

A bar or dining area within the restaurant which is designated as a smoking area is in compliance with the definition of an enclosed area as set forth in section 36-1; and

(2)

The outdoor seating areas of the restaurant designated as smoking areas are so designated in accordance with subsection 36-6(8).

(e)

Temporary food establishments shall secure a permit more than three (3) days before beginning operation and shall pay a fee of thirty dollars ($30.00) per stand, per day, per event. In the event that the temporary food establishment does not secure a permit more than three (3) days before beginning operation they shall pay a fee of thirty-five dollars ($35.00) per stand, per day, per event. Each event is considered a separate permit period. The fee shall be paid prior to commencing operations. Permit fees are non-refundable. However, the date of the event may be rescheduled or the event may be canceled and rescheduled if the applicant makes a request to reschedule in person at the development and business service center at least two (2) business days prior to the event.

(f)

A special event that has more than one temporary food establishment or booth shall have an event sponsor/coordinator. It shall be the responsibility of the event sponsor/coordinator to collect the temporary food establishment permit fees from the participants so that all fees may be paid to the department with a single payment. These fees shall be paid at least three (3) days in advance of the event as directed in this section.

(g)

A person or organization is allowed four (4) special events in a calendar year provided that:

(1)

Properties overseen by the city or Bexar County and multi-use facilities that are used for trade shows or conventions are exempt from this restriction; or

(2)

Persons or organizations may petition the director or his representative for an exemption to this limitation.

(h)

A temporary food establishment may operate for a maximum of fourteen (14) consecutive days after which all operations must cease unless granted an exemption by the director.

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08; Ord. No. 2010-02-04-0096, § 2, 2-4-10)

Sec. 13-28. - Effect of additional employees on fees.

(a)

If at any time during the period of validity of any permit issued under this chapter, additional persons are employed by the establishment operating under such permit, it shall be the duty of the person in charge of such establishment to immediately notify the department of such increase and if such increase brings that establishment into a higher permit fee bracket, such person shall pay to the department the additional sum required. This charge shall be prorated according to the month in which the change occurred as set forth in the charges for permit fees for new establishments in subsection 13-27(a).

(b)

This section does not apply to school food establishments.

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08; Ord. No. 2010-02-04-0096, § 3, 2-4-10)

Sec. 13-29. - Disposition of permit fees.

All fees payable under this chapter for whatever purpose required shall be deposited in the general fund of the city.

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08)

Sec. 13-30. - Transferability.

Permits, as required by section 13-21, shall not be transferable from either one food establishment to another food establishment at a different location or from one person to another person who may subsequently own a certain food establishment, except that a permit holder who operates a food establishment may, upon his closing of that food establishment for the purpose of continuing the business at another food establishment, apply to the director for a transfer of his permit to the new location. Such application shall be accompanied by an inspection fee of five dollars ($5.00). The director shall authorize such transfer if, upon inspection, it is determined that the new establishment complies with the provisions of this Code. The director may effect such transfer either by endorsement of the address of the new location on the permit, or by cancellation of the permit and issuance of a new permit for the new food establishment.

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08)

Sec. 13-31. - Revocation and reinstatement of permits.

(a)

Permits issued under this chapter may be suspended or revoked by the director upon violation by the owner or operator of any of the terms of this chapter and upon written notice from the director or his representative. When such permit is suspended or revoked the operation of the establishment shall cease as stipulated in the written notice of suspension or revocation.

(b)

Whenever a permit to operate an establishment is suspended or revoked, the owner or operator of said establishment may request a hearing with the director provided that the request is in writing and it is filed with the director within ten (10) working days of the suspension or revocation. If no request for hearing is filed within the ten-day period, the suspension or revocation of the permit to operate becomes final. If a request for hearing is filed within the ten-day period, the director shall hold the hearing and render a decision in writing to the owner or operator of the establishment within ten (10) working days of receipt of the request. The decision of the director is final.

(c)

A suspended permit may be reinstated provided a written application for reinstatement is submitted to the director and provided that the violated provisions of this chapter have been corrected. The director or his representative shall make a reinspection and thereafter as many reinspections as may be necessary to assure that the applicant has complied with the requirements of this chapter. If the director finds that compliance has been accomplished, the permit shall be reinstated. The fee for reinstatement of a permit under this chapter shall be one hundred dollars ($100.00).

(d)

Whenever a revocation of a permit has become final the holder of such revoked permit may make written application for a new permit to operate provided the director is satisfied that the provisions of this chapter have been met and any additional provisions, with regard to training, that the director deems necessary, are met. The new permit shall be processed and the fee paid as provided in this chapter for new permits.

(e)

Any establishment which had its permit revoked two (2) times in a 36-month period will be ineligible to apply for a new permit for six (6) calendar months after the second or subsequent revocation.

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08)

Sec. 13-32. - Reinspection fee.

(a)

A reinspection fee is required for any food establishment or food vendor regulated under this chapter. Any establishment or vendor that requires an inspection beyond the normal schedule will be charged a fee as follows for each reinspection:

(1)

First reinspection .....$ 45.00

(2)

Second reinspection .....70.00

(3)

Third reinspection .....100.00

(4)

Fourth and subsequent reinspection .....120.00

(b)

Fees are due upon the reinspection and failure to pay the fee will result in the immediate suspension of the appropriate permit. Such suspension will only be lifted at such time as the reinspection fee is paid and violations noted are corrected.

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08)

Sec. 13-33. - Replacement of permits.

The department shall collect a fifteen dollar ($15.00) fee for the replacement of any lost, damaged or otherwise absent permit or certificate issued under this chapter.

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08)

Sec. 13-34. - Food permit late charge.

The department shall collect a late charge equal to ten (10) percent of the amount due for each month that any permit or certificate fee issued under any section of this chapter that is more than thirty (30) days overdue. No permit or certificate shall be issued until all charges and fees have been paid.

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08)

Secs. 13-35—13-40. - Reserved.