1. (a) Permitting fees.

   1. (1) A person who operates a food establishment as defined in these rules shall obtain a permit annually from the department and pay a permit fee for each establishment unless specifically exempted under subsections (b) or (c) of this section. Permit fees shall be nonrefundable.

   2. (2) Except as required in subsection (a)(3)-(7) of this section, the permit fee for a food establishment shall be based on the gross annual volume of food sales as follows:

      1. (A) $100 per establishment having a gross annual volume of $0.00 to $49,999.99;
      2. (B) $200 per establishment having a gross annual volume of $50,000 to $149,999.99; and
      3. (C) $325 per establishment having a gross annual volume of $150,000 or more.
   3. (3) The permit fee for a school food establishment operated on a for profit basis by a private contractor is $100 for each school food establishment.
   4. (4) The permit fee for each mobile food unit is $100. Mobile food units shall be inspected for compliance with §229.169 of this title (relating to Mobile Food Establishments) prior to issuance of a permit. If a request for inspection is not received within one year of fee submission, or if the mobile food unit does not meet the minimum standards as required in §229.169 of this title within one year of fee submission, a new permit fee will be required.
   5. (5) The permit fee for each roadside food vendor is $100.
   6. (6) The permit fee for child care centers shall be $100.
   7. (7) The permit fee for a temporary food establishment shall be $35. The permit fee shall be valid for the duration of a single event not to exceed 14 consecutive days from the initial effective date specified in the permit application. An organizer of an event at which a temporary food establishment is operated shall assure a permit from the department is obtained for each temporary food establishment. The application for a temporary food establishment must be submitted to the department at least 30 days prior to the event.
   8. (8) If the license or permit category changes during the license or permit period, the license or permit shall be renewed in the proper category at the time of the renewal.
   9. (9) An establishment required to be licensed as a food manufacturer under the Health and Safety Code, Chapter 431, and also required to be permitted under this Chapter, will be issued only one license or permit. The license or permit fee to be paid will be the higher fee of the two applicable fees.
   10. (10) Gross annual volume of food sales may be verified by data from the Texas Comptroller of Public Accounts.
2. (b) Exemptions from permit and fees. Food establishments permitted and inspected by a county or public health district under the Texas Health and Safety Code, Chapter 437, provided the inspections are based on the requirements of §229.373 of this title (relating to Minimum Standards for Permitting and Operation) are exempted from obtaining a permit and from paying a fee.
3. (c) Nonprofit fee exemption. Nonprofit organizations as defined in §229.371(9) of this title (relating to Definitions) are exempt from payment of the permit fee. Nonprofit organizations shall comply with the requirements of §229.373 of this title. The department shall provide guidelines for the safe handling of foods prepared by nonprofit organizations. Any civic or fraternal organization, charity, lodge, association, proprietorship, corporation or church not meeting the definition of "nonprofit organization" must obtain a permit, pay the required fee, and comply with the requirements.

4. (d) Application for permit. The permit application shall be completed on a form furnished by the department and shall contain the following information:

   1. (1) the name under which the business is operated;
   2. (2) the mailing address and street address of the establishment;
   3. (3) if a sole proprietorship, the name of the proprietor; if a partnership, the names of all partners; if a corporation, the date and place of incorporation and the name and address of its registered agent in the State; or if any other type of association, the names of the principals of such association;
   4. (4) the names of those individuals in an actual administrative capacity which, in the case of a sole proprietorship, shall be the managing proprietor; in a partnership, the managing partner; in a corporation, the officers and directors; in any other association, those in a managerial capacity; and
   5. (5) the signature of the owner, operator, or other authorized person.
5. (e) Nonprofit organizations. A nonprofit organization shall submit documentation from the Internal Revenue Service to qualify the establishment for the exemption from the permit fee. Churches need only supply documentation upon request by the department.
6. (f) Temporary food establishments. A permit application for a temporary food establishment shall specify the name and physical location of the event for which the permit is requested, the permanent address of the applicant, the initial effective date of the permit, and the foods to be prepared.
7. (g) Two or more establishments. If a person owns or operates two or more establishments, each establishment shall be permitted separately by listing the name and address of each establishment on separate application forms.
8. (h) Pre-permit inspection. The department may conduct a pre-permit inspection for the purpose of determining compliance with these rules.

9. (i) Issuance of a permit. The department shall issue a permit for an establishment based on compliance specified in §§229.161-229.171 and 229.173-229.175 of this title (relating to Texas Food Establishments). Copies may be obtained from the Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3182.

   1. (1) Except for temporary food establishment permits, the permit shall be valid for one year from the date of issue, which becomes the anniversary date. Temporary permits shall be valid for 14 days from the effective date as indicated on the permit.
   2. (2) The renewal permit shall be valid for one year from the anniversary date, with the exception of temporary permits as stated under paragraph (1) of this subsection.
   3. (3) Permit application forms may be obtained from the Texas Department of Health, Retail Foods Division, 1100 West 49th Street, Austin, Texas 78756-3182.
   4. (4) The permit shall be posted in a location in the food establishment that is conspicuous to consumers.
   5. (5) Permits for mobile food units, including pushcarts and roadside food vendors, shall be displayed on the units at all times.

10. (j) Renewal of a permit.

    1. (1) The permit holder shall renew their permit annually based on compliance specified in §§229.161-229.171 and 229.173-229.175 of this title.
    2. (2) A person holding a permit issued by the department, and whose establishment is in compliance with paragraph (1) of this subsection, shall be billed by the department and shall have their permit renewed by the department upon payment of the appropriate fee.
    3. (3) The permit holder shall submit the annual permit fee for renewal prior to the expiration date of the current permit. A person who files a renewal application after the expiration date shall pay an additional $75 as a delinquency fee.
    4. (4) Failure to submit the renewal fee annually may subject the permit holder to the offense provisions under the Health and Safety Code, Chapter 437, and also to the provisions of §229.374 of this title (relating to Refusal, Revocation, or Suspension of a Permit; Administrative Penalties).

11. (k) Amendment of permit.

    1. (1) Fee. A permit that is amended, including a change of name, ownership, or a notification of a change in location of a permitted food establishment required under Health and Safety Code, §437.0125, will require submission of fees as outlined in subsection (a) of this section.
    2. (2) Change of location. A permit is not transferrable upon change of location with the exception of a permit issued to an operator of a mobile food unit or roadside food vendor.

Source Note:The provisions of this §229.372 adopted to be effective March 19, 2000, 25 TexReg 2076.