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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOI <br />TEXAS: <br />SECTION 1. Article 3, Food Establishments and Food Vending Machines, of Chapter <br />18, Businesses, of the San Marcos City Code is hereby amended by adding Section 18.095 to <br />read as follows: <br />Sec. 18.095. Variance for food establishments seeking to permit dogs in outdoor <br />eating areas. <br />(a) A food establishment may apply for a variance waiving the prohibition against dogs <br />at a food establishment as permitted by Section 229.171(c) of the Texas Food <br />Establishment Rules. The variance will be granted if the City Environmental Health <br />Division determines a health hazard or nuisance will not result from the granting of <br />the variance. The food establishment must submit an application for a variance on a <br />form provided by the City Environmental Health Division and pay a nonrefundable <br />application fee of two hundred ($200.00) dollars. A variance granted under this <br />section is nontransferable and shall be reviewed biannually in accordance with City <br />Code Section 18.092. <br />(b) The City Environmental Health Division may grant a variance pursuant to this section <br />and Section 229.171(c) of the Texas Food Establishment Rules, to allow dogs on the <br />premises of a food establishment's outdoor patio area, only in accordance with the <br />following standards and conditions intended to prevent a health hazard or nuisance: <br />(1) Except as allowed under Section 229.167(p)(15) of the Texas Food <br />Establishment Rules, no dog may enter or be present inside the food <br />establishment or on any playground area of the food establishment; <br />(2) A separate entrance must be provided from the outside of the food <br />establishment to the outdoor patio so that a dog will have direct access to the <br />patio without entering the interior of the food establishment or any playground <br />area of the food establishment. A dog on an outdoor patio may not be allowed <br />