Food Service Permit Application

Food Service Permit Application

In accordance with City of Los Fresnos Ordinance Chapter 10-  Businesses, Article II- Food Service Establishments no person, including temporary and mobile food service vendors, shall operate a food service establishment without a valid permit issued by the city health department. Only a person who complies with the requirements accordance with the state department of health, division of food and drugs, rules on food service sanitation, 25 Tex. Admin. Code §§ 229.161—229.171, as amended, shall be entitled to receive or retain such a permit. Permits are not transferable.

• This permit does not apply to the Boy Scouts of America and the Girl Scouts of America when selling pre-packaged items for the benefit of their organizations. Any other nonprofit organization wanting to sell pre-packaged items for the benefit of their organization may request that the city manager exempt them from complying with this permit. The nonprofit organization may seek this exemption by submitting a written request to the city health department.
• Charitable purposes include philanthropic, religious, or other nonprofit objectives, including the benefit of poor, needy, sick, refugee, or disabled persons, the benefit of a patriotic or veterans' association or organization, the benefit of any fraternal, social or civic organization, or the benefit of any educational institution. Charitable purposes shall not be construed to include the direct benefit of the individual holding the event, including funds to pay for parties, weddings, quinceñeras, college, etc.

• Any person desiring to operate a food service establishment shall make written application for a permit on forms provided by the city health department. Such application shall include the name and address of each applicant, the location and type of the proposed food service establishment and the signature of each applicant.
• Prior to approval of an application for a permit, the city health department shall inspect the proposed food service establishment to determine compliance with the requirements of this article.
• The city health department shall issue a permit to the applicant if its inspection reveals that the proposed food service establishment complies with the requirements of this article.
• An applicant/organization for a temporary food vendor permit shall show proof of permission from a property owner for use of the property as a temporary food vending establishment or location.
• An applicant/organization for a temporary food vendor permit shall be limited to a maximum of four single-occurrence permits during the calendar year or one permit for four occurrences during the calendar year, and a property owner who sponsors a temporary food vendor shall have no more than four occurrences during the calendar year upon the same property. Each occurrence shall not be more than 48 hours. This four-occurrence limit shall not apply to occurrences sponsored by the city.
• The applicant for a food service permit, whether the application is for an established place of business, a vehicle used for retail sales, or a temporary food vendor, must conform to and meet the requirements of this article by complying with the sanitary provisions and the laws and ordinances of this state and city regulating such business, including the application requirements of the city health department, the building department, the planning department, and the fire department. If the city health department finds that the submitted application meets all the requirements set out, the city health department shall issue the applicant a permit upon the payment of the appropriate fees set out in city fee schedule.
• An applicant for a food service permit will be required to have all application requirements completed so that the application may be approved by all required city departments at least three business days prior to the event at which food will be sold, including providing proof of a state sales tax certificate or proof of a tax exemption.
• Temporary food vendors must remove all equipment or displays on the site by the end of each day of operation.