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ORDINANCE NO. 2017-42 <br /> AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br /> MARCOS, TEXAS AMENDING SECTION 18.095 OF THE SAN MARCOS <br /> CITY CODE THAT PROVIDES FOR A VARIANCE TO ALLOW DOGS <br /> AT FOOD ESTABLISHMENTS BY ADDING A REQUIREMENT FOR A <br /> COURTESY MEETING WITH APPLICANTS FOR A VARIANCE, <br /> REQUIRING TRAINING FOR FOOD ESTABLISHMENT EMPLOYEES <br /> REGARDING THE ORDINANCE AND THE TERMS OF ANY VARIANCE <br /> GRANTED, MODIFYING THE REQUIREMENTS FOR SIGNAGE AND <br /> THE STANDARDS FOR CLEANING AND SANITATION AT FOOD <br /> ESRABLISHMENTS THAT ALLOW DOGS; PROVIDING A SAVINGS <br /> CLAUSE; PROVIDING FOR THE REPEAL OF ANY CONFLICTING <br /> PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. <br /> RECITALS: <br /> 1. The adoption of this Ordinance is in the interest of the public health, safety and <br /> welfare. <br /> BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br /> TEXAS: <br /> SECTION 1. Section 18.095 of the San Marcos City Code is hereby amended as set forth <br /> below. Added text is indicated by underlining. Deleted text is indicated by strikethroughs. <br /> Sec. 18.095. Variance for food establishments seeking to permit dogs in <br /> outdoor eating areas. <br /> (a) A food establishment may apply for a variance waiving the <br /> prohibition against dogs at a food establishment as permitted by Section 229.171(c) <br /> of the Texas Food Establishment Rules. <br /> (1) The variance will be granted if the city environmental health <br /> division determines a health hazard or nuisance will not result from <br /> the granting of the variance. <br /> (2) The food establishment must submit an application for a variance on <br /> a form provided by the city environmental health division and pay a <br /> nonrefundable application fee of$200.00. <br /> a. Upon request of the food establishment,before accepting an <br /> application for a variance and the accompanying application <br /> fee,the city environmental health division will schedule one <br /> preliminary meeting for up to one hour with a representative <br /> of the food establishment to review the proposed variance <br />