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r- E '<r D~ ~ bJ~ We 0 ~ ~ ~I ~... - f:j~ ~ 0::: , s:: fd3J u;I_ .....01 t=."" 00 138 ORDINANCE 1999 - 91 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING CHAPTER 18, ARTICLE 3, FOOD SERVICE ESTABLISHMENTS, OF THE CITY CODE BY ADOPTING THE MOST RECENT TEXAS RULES FOR FOOD OPERATIONS AND REVISING SECTIONS RELATED TO REMEDIES AND APPLICATIONS~ INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. That Chapter 18, Article 3, Division 2, Sections 18.087, 18.088, 18.089, and 18.090, of the San Marcos City Code are amended to read as follows (underlining indicates added language; an 0 v etstrike indicates deleted language): Sec. 18.087. Definitions. In this division: Food establishment means a food service establishment. a retail food store. a mobile food unit. and/or a roadside food vendor. Regulatory authority means the city environmental health department. State rules mean the state rules found at 25 Texas Administrative Code. Chapter 229. Sections 161 through 171 and Sections 173 through 175. These rules are also known as the Texas Food Establishment Rules. Sec. 18.088. Adoption of state health rules. The state department of health rules and regulations regarding food and food set vices establishments, contained in 25 TAC 229.161--229.171 and 25 TAC 229.173-229.175 301.73.001--301.73.011, are adopted by reference the cit} and will be enforced by the regulatory authority. Sec. 18.089. Remedies. ( a) Penalties. Any person who violates this division, and any person who is the permit holder of or otherwise operates a food establishment that does not comply with the provisions of this division. or any responsible officer or manager of the establishment. shaH may be punished ypon conviction as provided in Section sec.tion 1.015 of this code. (b) Injunctions. In addition to subsection (a) of this section, the regulatory authority may seek to enjoin violations of this division. Sec. 18.090. Pel ma, license 01 cel tificate Permits. (a) Required No person shaH may operate a food set vice establishment without a valid permit, lic.ense 01 cel tific.ate issued to-him by the regulatory authority. Only a person who complies with this division is entitled to receive or retain a permit, license Ot certific.ate. Permits, licenses or certificates expire on an annual basis and are not transferable between persons or locations. A valid permit, lic.ense or certificate shaH must be posted and available for inspection by the regulatory authority in every food sel vic.e establishment operating in the city. (b) Application. -1-