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Home My WebLink About033880 ORD - 02/24/2026Ordinance amending Sections 19-1, 19-33, 19-49, and 38-9 of the Corpus Christi Code to amend fee schedules for food establishments and adopt a reinspection fee in response to Senate Bill 1008; providing for penalty; and providing for publication. WHEREAS, Texas Health and Safety Code §437.0126(a) limits the fee a public health district may charge to the fees charged by the Texas Department of State Health Services (DSHS) for food service establishments, retail food stores, mobile food units, roadside food vendors, and temporary food service establishments as shown in (EXHIBIT A); WHEREAS, Texas Health and Safety Code §437.0126(c) authorizes reinspection fees; WHEREAS, adoption of the maximum allowable fees is required to recover the cost of administering the Retail Food Establishments permit program; and WHEREAS, stakeholders have been notified at least 60 days before the fee schedule revisions herein, pursuant to Texas Health and Safety Code §437.0127. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 19-33 "Issuance; fee" of the Corpus Christi Code is repealed and replaced as delineated below: Sec. 19-33 Retail Food Establishments Fees (a) Fee Schedule for Food Service Establishments. The annual fee for food service establishment permits and inspections is as follows: Initial Inspection.' Reinspection2 $100 $200 el ices sta sf men �eE Number of Employees 1-10 $245 11-25 $403 26-50 $589 51 or more $773 03388 SCANNED Mobile Food Unit3 Permit Fees $250 Amendment Fees4 Rate $125 Temporary Food Establishments Single Event for 14 days $52 Multiple Events for 2 years $200 School -Based Food Establishment Public School Inspections (2x per year) $150 per inspection School -Based Food Establishment Permit Fee5 $150 1. Applicable only to new establishments and conducted to verify compliance with health and safety standards before an establishment begins operations 2. A reinspection is a follow-up visit to confirm that previously identified violations have been corrected and that the establishment is in compliance. No more than one reinspection fee will be charged within 60 days of the previous inspection, unless the person on whom the fee is imposed failed to make reasonable efforts to correct the violation. 3. Effective July 1, 2026, DSHS is responsible for mobile food unit licenses statewide 4. Amendment includes a change of name or change of ownership of a food establishment 5. For -profit or private schools *No permit fee for City and County -operated Senior Centers (b) Maximum Permit Fee. In the event the Texas Department of State Health Services reduces biennial or annual food service establishment permit fees below the annual fees adopted by the City, those same fees are hereby adopted as annual fees in compliance with Texas Health and Safety Code §437.0126. SECTION 2. Section 19-49 "Certification" of the Corpus Christi Code is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Sec. 19-49. Certification (a) Certification: All employees of food service, temporary food service, food processing establishments or mobile food units must obtain food handling certification before beginning to work. employee is required ever„ two „eare. This training shall be an approvedhealth department Texas Department of State Health Services course. A fee of $12.00 will be charged for each food handler permit certification issued by the health department or district. A food handler's permit certification shall be valid for a period of two years from date of issuance, unless said permit is sooner revoked by the health officer. (b) Revocation: If inadequate hygienic per#erma-nces afc demonstrated by the employee and such satisfacte1y perfer-mances a -re a res-lt of material violations of food service sanitation ordinances, rules or regulations, the hgalth officer may revoke the food handler's permit. (e b) Food handler certification: Training may be conducted by the permitted food hove on approval by the hqalth department. a Texas Department of State Health Services - accredited food handler classroom training program. (4 c) Posting: Each food handler permit certificate shall be at all times kept posted, filed, or otherwise readily available for viewing by a health officer. SECTION 3. Section 19-1 "Permits —Duration and fees" of the Corpus Christi Code is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: The following definitions apply in the interpretation and enforcement of this chapter: Clearly visible means posted in the front window of the food establishment within five (5) feet of the front door, posted in a display case mounted on the outside front wall of the food establishment within five (5) feet of the front door, or posted in a location as directed and determined in the discretion of the health officer to ensure proper notice to the general public and to patrons. Farmer's market means a designated location used primarily for distribution and sale directly to consumers of food by farmers and other producers. Food establishment means any place where food is prepared and intended for individual portion service, including the site at which individual portions are provided, regardless of whether consumption is on or off the premises and whether there is a charge for the food. Food establishments include an element of the operation, such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location, unless the vending or feeding location is permitted by the regulatory authority; and an operation that is conducted afoot, in a mobile, stationary, temporary, or permanent facility or location; where consumption is on or off the premises; and regardless of whether there is a charge for the food.The term Food establishments does not include private homes where food is prepared or served for individual family consumption; a private group preparing and serving food for its own consumption; food vending machines; supply vehicles; an establishment that offers only prepackaged foods that are not potentially hazardous; a food processing plant; a cottage food production operation; or a bed and breakfast limited, bed and breakfast extended, and bed and breakfast food establishment facility as defined in the Texas Food Establishment Rules. Health officer means the local health authority or the local health authority's designee and includes any assistants, deputies, inspectors, sanitarians, or other official representatives of the department of public health. Health permit means a permit to be provided to each food establishment, such as a food service establishment, temporary food service establishment, food processing establishment, retail food store, or mobile food unit upon payment of the applicable fee and compliance with the inspection requirements and provisions stated in this chapter prior to commencement or continuation of the food operation. Inspection report means the written results of a routine inspection conducted by a health officer of a food establishment in the city. Local health authority means the physician engaged under contract with the City of Corpus Christi and Nueces County to perform services for the Nueces County -City of Corpus Christi Public Health District in the capacity of the appointed local health authority as the specific term and duties are defined under state law including but not limited to Chapter 121 of the Texas Health and Safety Code. Permanent fixed -site food establishment means a structure or portion of a structure in which is located a non -mobile, non -temporary, food service establishment such as a restaurant or delicatessen for which a health permit has been issued. Rating score means the numerical percentage result of a routine inspection of a food establishment as reported on the inspection report. Routine inspection means a periodic, unannounced inspection of a food establishment conducted by a health officer in order to determine compliance with applicable federal, state, and local laws, ordinances, rules, regulations, and directives relating to public health, safety, and sanitation. A routine inspection does not mean an inspection conducted by a health officer to determine compliance with a previously issued inspection report or any interim inspection conducted to determine compliance with specific laws, rules, regulations, or directives applicable to food establishments. SECTION 4. Section 38-9 "Permits —Duration and fees" of the Corpus Christi Code is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Sec. 38-9. - Permits —Duration and fees. (a) Except as otherwise provided in this article, permits granted under this article shall be issued for a one-year period of validity. (b) The fee for a permit under this article shall be one hundred twenty dollars ($120.00) per year, except for mobile food vendors. Permitting fees for mobile food vendors are set forth in Corpus Christi Code Sec. 19-33. (c) Each vending unit, mobile food unit and each distinct location of an itinerant merchant business, vendor and mobile food vendor shall be separately permitted. (d) As a condition of each permit issued under this article, each individual engaged in the permitted business which involves home solicitation, shall be provided by the city with a separate identification card which shall be valid for the duration of the permit in connection with which it is required. The permittee shall pay for the cost of each identification card required, which shall be ten dollars ($10.00). Replacement identification cards will be ten dollars ($10.00) each, except for mobile food vendors. SECTION 5. If for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this Ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this Ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this Ordinance be given full force and effect for its purpose. SECTION 6. Penalties are as provided in Section 19-58 and 1-6 of the Corpus Christi Code. SECTION 7. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This Ordinance shall become effective upon publication. Intr uced and voted on the V1 day of 1' b , 2026. and APPRED on the g4\day of , 2026. Paulette Guajardo, Ma EFFECTIVE DATE Retjecca Huerta, City Secretary 033 880 EXHIBIT A https://www.dshs.texas.gov/retail-food-establishments/permitting-information-retail-food- establishments i*TEXAS Health and Human texas Department of Slate 4.. Services Health Services Services Health & Wellness Diseases & Conditions Business & Compliance Home / Retail Food Establishments / Permitting Information- Retail Food Establishments Retail Food Establishments Permitting Information- Retail Food Establishments Starting a New Retail Food Establishment under Department of State Health Services Jurisdiction Forms and Publications- Retail Food Establishments Statutes and Laws - Retail Food Establishments Open Records - Retail Food Establishments Industry Guidelines & Resources - Retail Food Establishments Licensing of Food Handler Training Programs DSHS Standardization Program Licensing of Certified Food Manager Training Programs Texas Cottage Food Production General FAOs - Retail Food Establishments Texas Farmer's Market Local Ordinance and Fee Schedule Registry & Model Orders and Ordinances Compliance Actions - Retail Food Establishments Publications Permitting Information - Retail Food Establishments Application Address All applications with fees are to be sent to this address: Department of State Health Services Cash Receipts Branch - MC 2003 PO Box 149347 Austin, TX 78714-9347 Retail Food Establishments and Food Stores Data & Case Reporting A retail food establishment is any place where food is prepared and intended for individual portion service.This includes the site at which individual portions are provided for consumption on or off the premises and regardless of whether there is a charge for the food. Bed & breakfasts with more than 7 rooms, restaurants, bars, cafes, snack bars, hospitals that serve food to the general public, correctional facilities (jails) that contract with professional food management corporations for food preparation, and privately -owned correctional facilities are all considered to be retail food Permitting Fees Fees for initial applications, renewals, and change of ownership are based on gross annual volume of food sates. Permit Fees for Retail Food Establishments Gross AnnuaLVolume of Food Sates $0 - $49,999.99 $50,000 - $149,999.99 $150,000 or more Amendments Permitting Fee $258 $515 $773 EXHIBIT A Mobile Food Units Mobile food units are defined as a vehicle -mounted mobile food establishment, designed to be readily moveable. An initial inspection must be performed after payment and prior to permit issuance. Permitting + Fees Fees for initial applications, renewals, and change of ownership are $258 per unit. Amendments + Roadside Food Vendors A roadside food vendor is a person who operates a mobile retail food store from a temporary location adjacent to a public roadway or highway. Food shall not be prepared or processed by a roadside food vendor.A roadside food vendor is classified as a mobile food establishment. (Time/Temperature Control For Safety Foods (potentially hazardous foods) shall not be prepared or processed by roadside food vendors.) Permitting + Fees The fee for an initial application, renewal, or change of ownership is $258. Amendments + School Food Establishments A school food establishment is operated on a for -profit basis by a private contractor. Permitting + Fees The fee for an initial application, renewal, or change of ownership is $258. Amendments + EXHIBIT A Temporary Retail Food Establishments A temporary food establishment is a food establishment that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration. The single event permit is valid for one individual food booth or unit at one specific event, and is valid for 14 consecutive days from the initial effective date.The multiple event permit is valid for one individual food booth or unit at multiple events for 2 years from the initial effective date, provided that each event does not exceed 14 consecutive days. Permitting + Fees Single event permits are $52, and the fee for a multiple event permit is $200. Application for Inspection Permitting + Fee The fee for each inspection is $150.00. Businesses Not Requiring Permits • Day care facilities. Be advised that DSHS does not inspect food service at daycare or live-in child-care facilities' • Establishments that offers only pre -packaged foods that are not potentially hazardous • Produce stands that only offers whole, uncut fresh fruits and vegetables • Food processing plants • A Bed and Breakfast limited facility • A private home that receives catered or home -delivered food • A kitchen in a private home is not considered a food establishment if only food that is not potentially hazardous is prepared for sate or service at a function such as a religious or charitable organization's bake sale (if allowed by law) • As of April 1,1010, Texas Department of State Health Services is no longer licensing daycare facilities os food establishments. For further information please call 512-834-672Z Be advised that DSHS does not inspect food service at daycare or live -In child-care facilities. Exemptions from Permitting Organizations are exempt from permitting if they are: • Licensed by the Texas Department of State Health Services as a food manufacturer AND paying a higher fee; or • Inspected and permitted by a City, County or Public Health District; or • A non-profit registered as a 501(C) organization