Ord 2015-027/to amend Article 3 of Chapter 18 of the City Code by adding Section 18.095 to allow a variance process authorizing food establishments to allow dogs in outdoor patio areas pursuant to Section 229.171(c) of the Texas Administrative Code

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(11) A dog is not allowed to have contact with any dish, utensil, tableware, linen, paper product, or any other item used for food service; (12) A dog may not be given any food (including, but not limited to, dog kibble, biscuits, and edible treats) while in the outdoor patio area, but may be given water in a disposable container or from a container provided by the owner; and, (13) The food establishment must maintain written procedures to notify City Animal Services of any rabies control incidents, or any other incident involving any sort of altercation between two or more dogs where the dogs come into physical contact. (c) An owner, officer, manager, or other person in charge of a food establishment commits an offense if he, either personally or through an employee or agent, violates, allows a violation of, or fails to comply with a term or condition of a variance granted under this section. (d) A food establishment granted a variance under this section shall comply with all other applicable Texas Food Establishment Rules and the provisions of this chapter. (e) The city may deny or revoke a variance under this section if the food establishment is in violation of any term or condition of the variance as established by this section or state law. The process established in Section 18.090 for the revocation of a food establishment permit will be followed when it is determined a violation of this section has occurred. SECTION 2. In codifying the changes authorized by this ordinance, paragraphs, sections and subsections may be renumbered and reformatted as appropriate consistent with the numbering and formatting of the San Marcos City Code. SECTION 3. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 4. All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed. SECTION 5. This ordinance will take effect after its passage, approval and adoption on second reading. PASSEL) AND APPROVED on first reading on August 4, 2015.