§ 22-52. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. All definitions contained in the Texas Department of Health Texas Food Establishment Rules; the Harris County Rules Regulating Food Establishments in Harris County, Texas; the Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors (V.T.C.A., Health and Safety Code ch. 437); the Texas Food, Drug, and Cosmetic Act (V.T.C.A., Health and Safety Code ch. 431); and the Minimum Standards of Sanitation and Health Protection Measures (V.T.C.A., Health and Safety Code ch. 341), are hereby adopted.

Childcare facility means a facility keeping more than 12 unrelated children that provides care, training, education, custody or supervision for children under 15 years of age, who are not related by blood, marriage or adoption to the owner or operator of the facility, for all or part of the day, whether or not the facility is operated for profit or charges for the services it offers.

City health department. The city does not operate a city health department; however, to assure a high quality of health and sanitation standards for the city, the city shall utilize and adhere to all rules and regulations regarding health and sanitation standards outlined, required, and governed by the Harris County department of health and the state health department.

Food establishment means all places where food or drink are manufactured, packaged, produced, processed, transported, stored, sold, commercially prepared, or otherwise handled, whether offered for sale, given in exchange or given away for use as food or furnished for human consumption. The term "food establishment" does not apply to private homes where food is prepared or served for guest and individual family consumption. The term "food establishment" does not apply to a place where commercially packaged single portion nonpotentially hazardous snack items and wrapped candy are sold over the counter.

Health department means the county public health and environmental services.

Nonprofit facilities includes food service enterprises which are tax exempt which shall include, but not be limited to, the concession stands at the city high school football stadium, the concession stands at the little league and Redcat football games, and food service activities by service clubs in the city. All of these nonprofit facilities will be required to make application for a permit and meet current requirements, but are exempt from the payment of the permit fee. Proof of IRS tax exemption may be required by the health officer to determine whether or not a particular activity falls under the exemption for nonprofit facilities.

Ownership of business means the owner or operator of the business. Each new business owner or operator shall comply with this article.

Regulatory authority means representatives of the county health department.

Service of notice. Notice provided for in these rules is properly served when it is delivered to the holder of the permit or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit.

(Code 1993, § 42-86; Ord. No. 89-10, § 25-5, 8-21-1989; Ord. No. 2003-17, § 1, 11-3-2003)