Health Environment Division

Overview

Food Establishments must abide by City Ordinance. Chapter 54 of the Health and Sanitation Code provide the guidance for food establishments within the City of McAllen.

Section 54-27

for the purpose of regulating food service and food service establishments, the current rules or rules as amended by the Texas Board of Health found in 25 Texas Administrative Code, Chapter 229, Section 161 through 171 and 173 through 175 regarding the regulations of food establishments is hereby adopted and made a part of this article as if fully set out in this article, and the provisions thereof shall govern all matters covered therein within the city, except those provisions which may be in conflict with other provisions of this Code. A copy of such administrative code is on file in the city secretary’s office.
Any person violating any provision of the ordinance and code adopted by this section shall be punished as prescribed in section 1-14.

Section 54-41

states that is shall be unlawful for any person to operate a food establishment or retail food store within the city without a valid permit issued to him by the city health department. Only a person who complies with the provisions of this article shall be entitled to receive and retain such a permit.
Permits shall not be transferable from one person to another person or from one food establishment or retail food store to another such establishment or retail food store.
A valid permit shall be posted in a conspicuous place in every food establishment and retail food store.
Permits for temporary food service establishments shall be issued for a period of time not to exceed 14 days.

Section 54-42

Downloadable Documents:

Application. Any person desiring to operate a food service establishment or retail food store within the city shall make a written application for such permit on forms to be provided by the city health department. Such application shall include the following information:
1. The applicant’s full name, office address and telephone number, including the address and telephone of the home office, if any, and whether such applicant is an individual, firm or corporation; and, if a partnership, the names, addresses and telephone numbers of the general and/or limited partners;
2. The location and type of food establishment or retail food store;
3. The signature of the applicant or applicants; and
4. If the application is for a temporary food service establishment, it shall include the inclusive dates of the proposed operation of such establishment.
Inspections. Upon receipt of such application, the health department shall make an inspection of the food establishment or retail food store to determine compliance with the provisions of this article. The health department may make such inspections thereafter as it shall deem necessary to ensure compliance with the provisions of this article.
Issuance fee. When inspection by the health department reveals that the applicable requirements of this article have been met, including the payment of a permit fee as required in this subsection, a permit shall be issued to the applicant by the health department. The annual permit fee to be paid by each applicant shall be as follows:
Food Establishment & Retail Food Store Permits

1 - 10 employees $50.00

11+ employees $100.00

Section 54-43

Suspension. Permits may be suspended by the health department for failure to comply with the requirements of this article.
Noncompliance with notice. Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of this article, the permit holder or operator shall be notified in writing that the permit is, upon service of notice, immediately suspended, and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the city manager by the permit holder.
Reinstatement of permits. Any person whose permit has been suspended may, at any time, make application for re-inspection for the purpose of reinstatement of permit. Within 48 hours following receipt of a written request, including a statement signed by the applicant that in his opinion the conditions causing suspension of the permit have been corrected, the health department shall make a re-inspection. If the applicant is in compliance with the requirements of this article, the permit shall be reinstated.

Section 54-44

Whenever a food establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a food establishment, properly prepared plans and specifications for such construction, remodeling or conversion shall be submitted to the regulatory authority for review before work is begun. Extensive remodeling means that 20 percent or greater of the area of the food establishment is to be remodeled. The plans and specifications shall indicate the proposed layout, equipment arrangement, mechanical plans and construction of materials or work areas, and the type and model of proposed fixed equipment and facilities. The plans and specifications will be approved by the regulatory authority if they meet the requirements of the rules adopted by this ordinance. The approved plans and specifications must be followed in construction, remodeling or conversion.
Failure to follow the approved plans and specifications will result in a building permit denial, suspension, or revocation in accordance with the procedures under the building code.

Section 54-45

It shall be unlawful for any owner or operator of a food establishment service, food processing establishment or mobile food unit during all hours of operation, to fail to have at least one person on the premise in charge of the operation who has a valid food manager’s permit. This requirement shall not apply to retail food stores, roadside markets that offer only fresh fruits and vegetables for sale, food vending machines, or religious or charitable organization’s bake sales.

Section 54-46

A food manager’s permit may be issued by any state, municipality agency or school of instruction whose food manager’s certificate program of certification has been accredited by The Texas Department of Health. The certificate shall provide evidence that the applicant attended and satisfactorily completed a course of instruction. Such course shall include, as a minimum, not less than fifteen (15) hours of training, the contents of which cover minimum essential knowledge of safe food handling practices, the biological basis of food borne infection and transmission, the safe preparation, handling and storage of food by all employees found in food service operations. The permit shall be issued and be on a form designed by the regulatory authority and shall remain the property of the regulatory authority to be returned to the regulatory authority if revoked.
A graduate of an institution of higher education who has completed all requirements for an associates or higher degree in hotel and restaurant management may be issued a permit without taking the food manager’s course upon providing satisfactory proof of graduation from an approved school. A dietitian currently registered by the A.D.A. and licensed by the Texas State Board of Examiners of Dietitians may be issued a permit without taking the food manager’s course upon providing satisfactory proof of current licensure and registration.
A fee of six dollars ($6.00) will be charged for each food manager’s permit issued by the health department.

Section 54-47

A food manager’s permit shall be valid for a period of three (3) years from the date of course completion certification, unless said permit is sooner revoked by the health director as described in section 54-49. A permit issued to a dietitian shall be valid for three years from the date of issuance.

Section 54-48

The city health director may revoke or suspend a food manager’s permit upon a material violation of food service sanitation ordinances, rules or regulations. Notice of revocation of food manager’s permit shall be by written notice to the permittee, sent or delivered to the address or location of the food establishment or that of the permittee, and after affording the permittee and opportunity for hearing before the City Manager.

Section 54-49

Certification. It shall be unlawful for any employee of a food establishment to begin work without obtaining a food handling certification. A minimum of two (2) hours of food sanitation training is required every three (3) years to ensure employees performance of their duties in accordance with food service sanitation ordinances, rules and regulations.
This training shall be an approved regulatory authority course. A fee of six dollars ($6.00) will be charged for each food handler permit issued by the regulatory authority. A food handler’s food handling certification permit shall be valid for a period of three (3) years from date of issuance, unless the city health director sooner revokes permit as described in Section 54-51.
Posting. Each food handler’s food handling certification permit shall be at all times kept posted, filed or otherwise readily available for viewing by the health director or his designated representative.

Section 54-50

The city health director may revoke or suspend a food handler’s food handling certification permit upon a material violation of food service sanitation ordinances, rules or regulations. Notice of revocation of a food handler’s food handling certification permit shall be by written notice to the permittee, sent or delivered to the address or location of the food establishment or that of the permittee, and after affording the permittee and opportunity for a hearing before the City Manager.

Section 54-123

Smoking has become a health concern for all and the following is the ordinance that covers such an occurrence.

A restaurant which has indoor enclosed dining areas shall provide separate indoor or enclosed dining areas for smoking and non-smoking patrons.
A nonsmoking area must:
1. Be separated from the smoking areas by a minimum of four feet of contiguous floor space or a partition or wall.
2. Be clearly designated by appropriate signs visible to patrons within the dining area indicating that the area is designated nonsmoking; and
3. Have ashtrays or other suitable containers for extinguishing smoking materials at the perimeter of the nonsmoking area.
Each restaurant which has a dining area shall have signs conspicuous to the ordinary view at each public entrance to the establishment indicating that nonsmoking seating is available.
Non-dining areas of any restaurant affected by this section, to which patrons have general access, including but not limited to food order areas, food service areas and restrooms, should be designated as nonsmoking areas.
It is a defense to prosecution of this section that a food establishment is:
1. An establishment which has indoor seating arrangements for less than 25 patrons or has less than 500 feet of space open to the public, whichever is less.
2. An establishment which has more than 70 percent of its annual gross sales in alcoholic beverages.
3. A physically separated bar area of a food products establishment otherwise regulated. Establishments as covered in this subsection shall post a sign conspicuous to ordinary view at each public entrance to the establishment which shall contain the words “This establishment does not provide for a nonsmoking section.”
A person commits an offense if he smokes in any area of a restaurant establishment which is designated as a nonsmoking area.

Section 54-68

Day cares throughout the city must also abide by a section of Chapter 54 as follows:

It shall be unlawful for any person to intentionally or knowingly provide false information to secure any health card as established by this article.
It shall be unlawful for any person, whether a paid employee or volunteer, to work in any daycare, group day care or registered family home without having a current valid child care health card in accordance with this article.
It shall be unlawful for any person to operate, manage, or supervise a day care, group day care or registered family home where there is any person working in such facility who does not have a current and valid child care health card issued in accordance with this article.

Addendum A

1997 Standard Plumbing Code

403.6 Customer facilities: Customers, patrons, and visitors shall be provided with public toilet facilities in structures and tenant spaces utilized as restaurants, nightclubs, places of public assembly and mercantile occupancies. Customer toilet facilities shall be located no more than one story above or below the space required to be provided with customer toilet facilities and the path of travel to such facilities shall not exceed a distance of 500 feet (152m). In covered mall buildings, required facilities shall be based on total square footage, and facilities shall be installed in each individual store or in a central toilet area located in accordance with this section. The maximum travel distance to the central toilet facilities in covered mall buildings shall be measured from the main entrance of any store or tenant space.

City of McAllen Code Chapter 70

70-13 Defecation, urination in public places: It shall be a misdemeanor for any person to urinated against any wall or in any street or alley; or to make a fecal defecation in any street or alley, or in any open lot, or under any house or platform within the city.
70-1 Abandoned iceboxes, refrigerators, etc.: It shall be unlawful for any person to abandon or dangerously expose any refrigerator, icebox, cold storage box, or any container having attached or affixed to the door thereon from the outside only, unless such refrigerator, icebox, cold storage box, or container has had removed there from the door theron or the latch, lock or fastener attached to such door.

City of McAllen Code Chapter 22

22-217 Amendments: All swimming pools, except those owned by the city other than those which are located adjacent to and are accessory uses of single family dwellings, shall be completely enclosed by a fence at least five feet in height or by a screen enclosure. Such fence or enclosure shall entirely surround the swimming pool within ten feet from the outer edge of the swimming pool itself or of any decking immediately adjacent to the swimming pool. All swimming pools which are located adjacent to and which are accessory uses of single-family dwellings shall be completely enclosed by a fence at least five feet in height or by a screen enclosure which shall be located on or within the property lines. Any gate or door in a fence or enclosure enclosing a swimming pool in accordance with this section must be equipped with a latching device.

Addendum B

City of McAllen Code Chapter 134

Sec. 134-110 On-site sewage facilities

The City of McAllen hereby adopts the Rules and ("Design Criteria for On-Site Sewage Facilities") and Administrative Rules TAC 285.1, 285.91 which such rules are on file with the utility manager and the City Engineer of the City of McAllen and as such rules and criteria are promulgated by the Texas Natural Resources Conservation Commission for on-site sewage systems. Such rules are hereby adopted and all officials and employees of the City of McAllen having duties under such rules are authorized to perform such duties as are required of them under such rules.
Any owner of a structure discharging sewage into an on-site sewage facility within the jurisdiction area of the City of McAllen, Texas, must comply with the rules adopted in subsection (1) of this section.
Such rules as hereby adopted shall apply to all areas lying within the City of McAllen, Texas. The City of McAllen clearly understands the technical criteria, legal requirements, administrative procedures and duties associated with regulating on-site sewage facilities and does adopt and will willfully enforce Chapter 336 of the Texas Health and Safety Code and the City of McAllen hereby authorizes and directs all employees having authority thereunder to comply with the provisions of this section.
The design criteria and all future amendments and revisions of such rules are hereby incorporated by referenced and are otherwise made a part of this section. Copies of the current design criteria and rules are on file with the Utility Manager and the City Engineer of the City of McAllen and may be reviewed by the general public during the normal business hours of the City of McAllen.
The City of McAllen in adopting these rules is hereby declaring that it is the designated representative for the enforcement of the rules within its jurisdictional area. Any individuals providing for inspection and enforcement of such rules as employees of the City of McAllen must be approved and certified by the Texas Natural Resources Conservation Commission before assuming the duties and responsibilities of the representative of the City of McAllen.
The City of McAllen shall establish from time to time by minute order appropriate fees for the issuance of permits and/or inspections of OSSF's. Such fees shall be made payable to the City of McAllen, Texas.
Persons aggrieved by any action or decision of the designated representative of the City of McAllen may appeal such action or decision to the Utility Board of the City of McAllen, Texas. (Ord. No. 1998-45, § 2, 5-12-98; Ord. No. 1999-71, §§ 1, 2, 8-9-99)

Sec. 134-111 Designated representative for the City of McAllen

The designated representative for the City of McAllen is a registered sanitarian employed by the City of McAllen Health Department. (Ord. No. 1999-71, § 3, 8-9-99) If you have any questions or complaints on this subject, you can reference the FAQ’s section of this site or call (956) 681-1220.