[00:00:02]
[1. CALL SESSION TO ORDER]
I APOLOGIZE.WE'LL CALL THE CITY COUNCIL WORK SESSION FOR THURSDAY, APRIL 18TH.
[3.1. Presentation of the Retail Food Program by the Environmental Health Division of Williamson County and Cities Health District]
IS THREE.ONE PRESENTATION OF THE RETAIL FOOD PROGRAM BY THE ENVIRONMENTAL HEALTH DIVISION OF WILLIAMSON COUNTY AND CITY'S HEALTH DISTRICT.
MAYOR, I ASK YOU, CITY MANAGER COUNCIL HAD ASKED ABOUT HOW, UH, THE COUNTY REGULATES FOOD THROUGH VARIOUS MEANS.
AND, UH, WE REACH OUT TO THEM AND HAVE THEM HERE FOR THE SAME STATION.
WE HAVE LAURIE MURPHY, THE ENVIRONMENTAL HEALTH DIRECTOR, AND JOETTE NEWTON'S, ENVIRONMENTAL HEALTH MANAGER.
AND, UH, THEY'LL BE THE PRESENTATION.
SO THANK YOU GUYS SO MUCH FOR PROVIDING US.
I ALWAYS GET REALLY EXCITED WHEN ANYONE'S WILLING TO LISTEN TO ME TALK ABOUT ENVIRONMENTAL HEALTH AND FOOD SAFETY.
UH, SO IF I GET REALLY EXCITED, BEAR WITH ME.
UM, ALSO, UM, CONVERSATION NEVER ENDS.
UH, SO WE'LL GO THROUGH THE PRESENTATION HERE, BUT, UM, AFTER THIS, IF THINGS COME UP OR QUESTIONS OR ANYTHING, ANYTIME, FEEL FREE TO REACH OUT TO US.
UM, THIS IS, THIS IS OUR PASSION, RIGHT? THIS IS WHAT WE DO.
SO, UM, SO THE ENVIRONMENTAL HEALTH DIVISION OF THE WILLIAMSON COUNTY AND CITY'S, UH, HEALTH DISTRICT IS, UH, RESPONSIBLE FOR ALL OF THE RESTAURANT AND FOOD INSPECTIONS EVERYWHERE WITHIN WILLIAMSON COUNTY.
THERE'S TWO PLACES WE DON'T GO INTO, AND THAT'S BARTLETT AND THORNDALE.
AND THE REASON BEING THAT THEY'RE BOTH ON, UM, COUNTY DIVISION LINES, AND THEY HAVEN'T CHOSEN US TO BE ONE OF OUR MEMBER CITIES.
SO THEY ARE BEING, UH, TAKEN CARE OF AND PERMITTED BY THE STATE.
AND MAYBE THE TWO YEARS, OOPS.
WELL, AND THEN FURTHER INTRODUCTION.
SO, UM, TECHNICAL, UM, UH, SO, UM, THERE IS, UH, UH, DR.
CAROLINE HILBERT IS THE EXECUTIVE DIRECTOR OF THE WILLIAMSON COUNTY AND CITY'S HEALTH DISTRICT.
AND THEN, UH, WE REPORT TO, TO HER, UM, WE HAVE, UH, 14, UM, THANK YOU 14 INSPECTOR OR, UH, STAFF.
UM, AND THAT INCLUDES INSPECTORS AND LICENSED AND PERMIT SPECIALISTS WHO WILL HANDLE THE KIND OF CUSTOMER SERVICE MORE ASPECT OF THEM.
UM, SO WE'RE GONNA SPEND A LOT OF TIME TALKING ABOUT ENFORCEMENT, UM, JUST BECAUSE THAT'S KIND OF LIKE THE, THE BIG QUESTION.
NO ONE REALLY QUITE KNOWS EXACTLY WHAT IS ENFORCEABLE, WHAT'S NOT, WHERE ARE WE FALLING? SO I'VE GOT IT PRETTY HEAVY ON THAT, BUT WE'RE WILLING TO TALK ABOUT ANYTHING.
UM, SO THE REASON THAT WE EXIST IN THE FIRST PLACE IS THAT CDC SAYS, SAYS THAT ONE OUT OF EVERY SIX AMERICANS WILL FALL ILL TO, UH, FOODBORNE ILLNESS.
UM, SO WE ARE THERE TO PREVENT IT, RIGHT? AND, UH, REDUCE THOSE NUMBERS.
UM, WE ALSO PRIDE OURSELVES HERE, AND WE'LL GET INTO IT A LITTLE BIT LATER, BUT WE TRY TO BE VERY, UH, PRO-BUSINESS AND INTERACT WITH OUR BUSINESS PARTNERS AND HELP THEM TO, UH, ACHIEVE SUCCESS.
SO, UM, SO WE DO HAVE KIND OF A SPECIAL PURPOSE, UH, THERE, PARTICULARLY TO ENGAGE BUSINESSES, BUT ALSO, YOU KNOW, PROTECT THE COMMUNITY AND SHARE FOOD SAFETY INFORMATION.
UM, WE MONITOR, INVESTIGATE, AND RESPOND.
UH, SO THIS IS US WE'RE DEDICATED TO PREVENTING ILLNESS, UM, UH, ESPECIALLY DUE TO ENVIRONMENTALLY RELATED DISEASES AND INJURIES.
THIS IS BECAUSE THE ENVIRONMENT AROUND THE FOOD PREPARATION AREA IS WHAT COULD CONTAMINATE IT.
SO THAT'S WHY IT KIND OF BECOMES AN ENVIRONMENTAL ISSUE.
UM, AND, UH, WE'RE OUR PUBLIC HEALTH.
UM, SO WE DO, UH, PROVIDE PERMITS.
WE ALSO DO INSPECTIONS, AND WE FOLLOW UP ON COMPLAINTS.
SO ANYTIME SOMEONE, UM, ALLEGES THAT THEY, THEY WERE ILL, THEY GO THROUGH OUR EPIDEMIOLOGIST WHO DO SOME BACKGROUND, UH, THEY FIND OUT, UM, COMMON FOODS, AND THEN IF THERE IS A PARTICULAR LOCATION THAT'S IMPLEMENTED, WE'D GO OUT AND DO THE, THE FIELD WORK, THE ACTUAL INVESTIGATIONS.
UM, THESE, THE LITTLE BLUE BOX IS OUR GOVERNING LAWS.
SO THIS IS WHAT, UM, WHAT SETS US UP, UH, THROUGHOUT THE NATION AND HERE IN TEXAS, AND THEN EVEN MORE SPECIFICALLY IN WILLIAMSON COUNTY, UH, TO DO WHAT WE DO.
UM, THE BOTTOM LINE OF IT ALL IS THAT WE, UM, WE ARE GOVERNED BY THE FDA FOOD CODE.
AND, UH, AND THEN JUST IN GENERAL, WE SAID THAT WE DO EVERYTHING WITH FOOD.
UM, BASICALLY THIS IS KIND OF, UH, A SMALL LIST.
UH, OTHER THINGS THAT COULD BE ON THIS LIST ARE BARS, UM, BECAUSE, UH, WELL, WE'LL GET INTO IT IN JUST A SECOND, BUT, UM, BARS, RESTAURANTS, ANYTHING THAT'S A CONSUMABLE THAT COULD GO OUT TO THE PUBLIC, YOU WOULD BE INVOLVED WITH.
[00:05:01]
KIND OF WHO WE ARE, A SHORT INTRODUCTION, AND THEN THIS IS GOING TO BE KIND OF THE ENFORCEMENT SEGMENT, UM, OR BASICALLY THE WHOLE PRESENTATION.UH, SO, UM, THE RETAIL FOOD ORDER IS WHAT GIVES, UH, US SPECIFICALLY OUR GUIDING RULES IN THIS COUNTY.
UM, THIS IS, UH, THIS IS, UH, APPROVED AND PUT OUT BY THE BOARD OF HEALTH, UM, UH, ON A ROUTINE BASIS.
UH, OUR LAST UPDATE WAS IN 2016, AND THEN WE GOT AN UPDATE LAST YEAR.
SO THAT WAS VERY EXCITING TO, UM, TO FINALLY GET SOME OF THOSE, THOSE, UH, RULES UP TO DATE.
AND ONE OF THE THINGS WE DID WAS WE, UM, NOW HAVE ADOPTED THE FDA FOOD CODE.
SO BEFORE WE, UM, WE SORT OF ADOPTED IT THROUGH SOME TEXAS RULES, BUT NOW IT'S, IT'S IN THERE FOR SURE.
UH, WE AREN'T REQUIRING ANYTHING MORE OR LESS THAN ANYBODY ELSE IN THE NATION.
UM, THESE ARE SOME OF THE, THE LOCAL OR THE STATE RULES, UM, THAT HELP GUIDE US, UH, FOR PUBLIC NUISANCE IN FOOD AND THEN FOOD FACTORIES.
BUT HERE'S WHERE I WAS TALKING ABOUT, BARS ARE PART OF OUR PURVIEW, AND IT'S BECAUSE, UM, FOOD IS BASICALLY ANYTHING THAT'S AN EDIBLE SUBSTANCE.
SO LIKE, CHEWING GUM IS EVEN CONSIDERED FOOD.
UM, NOW IT'S NOT, I DON'T THINK WE HAVE EVER IN OUR LIVES BEEN CALLED OUT FOR CHEWING GUM, BUT
AND THEY'RE THINKING, UH, CALORIE CONSUMABLE, SOLID SUBSTANCE, NOT BEVERAGE AND ICE, BUT BEVERAGES AND ICE ARE FOOD.
AND, AND THEN WHAT IS A FOOD ESTABLISHMENT? UH, THIS WAS JUST ANOTHER VERSION OF THAT, THAT OTHER LIST WHERE WE TALKED ABOUT THE CAFETERIAS, THE BARS, UM, BASICALLY EVERY, EVERYBODY, UM, WHO'S OFFERING FOOD FOR PUBLIC CONSUMPTION.
UM, AND THEN, UH, OUR RETAIL FOOD ORDER CONTINUES TO DEFINE FOOD.
AND ONE OF THE ASPECTS OF IT, OF IT IS THAT IT'S REGARDLESS IF THERE'S A CHARGE FOR THE FOOD OR NOT.
UM, BECAUSE, UH, YOU KNOW, FOODBORNE ILLNESS DOESN'T KNOW FINANCES, SO THEY DON'T KNOW THEY'RE NOT SUPPOSED TO MAKE PEOPLE SICK.
SO WE NEED TO BE INVOLVED TO MAKE SURE FOLKS ARE WASHING THEIR HANDS AND HANDLING THE FOOD SAFELY.
UM, UH, MORE EXAMPLES OF THINGS.
WE DO HAVE SOME LIMITATIONS ON THOSE.
IF THEY'RE LIKE SEVEN ROOMS OR SMALLER, WE DON'T, WE DON'T WORRY ABOUT THOSE.
UM, IT'S REALLY MORE OF LIKE THE BIG, LARGE, UM, KIND OF, UH, CAFETERIAS AND BIG, UH, HOTELS AND THINGS OF THAT NATURE, REALLY.
UM, THINGS THAT DOES NOT, UH, IS NOT INCLUDED IN FOOD ESTABLISHMENT.
THAT'S GONNA BE LIKE, THOSE PRODUCE STANDS THAT ONLY HAVE WHOLE VEGETABLES.
THEY HAVEN'T CHALKED IT UP INTO LITTLE FRUIT CUPS.
'CAUSE AT THAT POINT THEY'RE HANDLING IT, NEED TO WASH THEIR HANDS.
BUT JUST THE PLAIN PRODUCE STANDS, WE DON'T REQUIRE PERMITS ON THOSE.
UM, ALSO IF THEY HAVE ANY PREPACKAGED FOOD, WHICH MEANS IT'S COMING FROM THE COMMERCIAL MANUFACTURER ALREADY SEALED, LIKE A BAG OF CHIPS, FOR EXAMPLE.
UM, AND IF IT DOESN'T NEED TO BE IN A REFRIGERATOR TO STAY, UH, COLD FOR SAFETY, THEN WE DON'T WORRY ABOUT PERMITTING THOSE EITHER BECAUSE, YOU KNOW, UH, EVERY CONCESSION STAND FROM, FROM HERE TO THE END OF THE, THE NATION, UH, IS GONNA HAVE, UH, KATY BARS AND, AND CHIPS, AND THAT'S PERFECTLY FINE.
UM, FOOD, FOOD PROCESSING PLANTS.
SO WE DON'T GO INTO MANUFACTURING, UM, FDA
AND THEN COTTAGE FOOD, IT WILL GO INTO THAT A LOT BECAUSE THAT, UH, GETS REALLY CLOSE TO WHAT WE DO.
AND THERE'S A LOT OF LIKE, FINE LINES AND DEFINITIONS BETWEEN, UM, BETWEEN COTTAGE FOOD AND US.
UH, THE BED AND BREAKFAST LIMITED, THAT'S THE ONES WHERE IT'S A SMALL BED AND BREAKFAST, AND WE DON'T WORRY ABOUT THAT.
AND THEN, OF COURSE, ANY KIND OF PRIVATE HOME, UM, IT, IT IS GOING, UH, IF SOMEONE HAS CATERED FOOD TO THEIR HOME OR HAD FOOD DELIVERED, IF IT'S A PRIVATE EVENT, IF EVERYBODY THERE HAS BEEN INVITED LIKE A WEDDING OR SOMETHING LIKE THAT, WE'RE NOT GONNA GET INVOLVED.
YOU, THEY CAN ALL CONTACT EACH OTHER IF, IF THEY GET SICK, UM, THEY'RE NOT GONNA HAVE TO SCRAMBLE AND CALL THE HEALTH DEPARTMENT TO FIND OUT WHO GAVE THEM THIS FOOD, RIGHT? THEY ALL KNOW THE BRIDE OR WHATEVER THE SITUATION IS.
UM, SO ANY KIND OF PRIVATE EVENT, WE DON'T, UM, REQUIRE PERMITS FOR.
UH, SO THE VIOLATIONS, UM, THERE ARE PENALTIES AND VIOLATIONS FOR VIOLATING THESE, UH, STATE LAWS.
UM, AND THIS IS BASICALLY WHAT OUR, UM, OUR ESCALATION SCHEDULE LOOKS LIKE.
SO THE FIRST THING THAT WE TRY TO DO IS EDUCATION.
UH, WE TRY VERY, UH, HARD TO REACH OUT AHEAD OF TIME, UM, IF WE CAN, AND GET IN TOUCH WITH FOLKS.
UH, LET THEM KNOW THAT PERMITS ARE NEEDED.
LET THEM, UH, ASK THEM HOW THEY'RE PLANNING TO SET THINGS UP, AND KIND OF FOLLOW THE PROCESS AND GIVE THEM THE BEST CHANCE TO SUCCEED AT WHATEVER IT IS THAT THEY'RE, THEY'RE DOING, UM, AHEAD OF TIME.
IF, UM, IF WE COME IN RIGHT A LITTLE AFTER THAT WHERE WE DON'T HAVE ENOUGH TIME TO JUST, YOU KNOW, GIVE THEM A PHONE CALL OR SOMETHING, UH,
[00:10:01]
WE'RE COMING UP AND SOMEONE'S SETTING UP.THEY DON'T HAVE A PERMIT, UM, BUT THEY HAVEN'T ACTUALLY OPENED YET, SO THEY'RE NOT ACTUALLY DOING ANYTHING ILLEGAL.
UM, SO WHAT WE CAN DO THEN IS GIVE THEM VERBAL NOTIFICATION, RIGHT? AND SAY, HEY, YOU NEED, UH, YOU HAVE TO GET A PERMIT.
UH, AS SOON AS YOU GET THAT, THEN YOU CAN COME BACK AND RESET UP.
OR, UM, ALONG THOSE LINES, UH, WRITTEN NOTIFICATION, THIS IS IF THEY'VE ALREADY OPENED AND ARE NOW DOING, UM, OPERATING WITHOUT A PERMIT, WHICH IS, UH, ILLEGAL IN THE STATE OF TEXAS.
UM, AND THEN WE HAVE ADOPTED THAT.
SO ALSO HERE IN WILLIAMSON COUNTY, UM, WE WOULD GIVE THEM WRITTEN NOTIFICATION.
WE OFTEN TRY TO WORK WITH THE BUSINESS AND GIVE THEM A TIMELINE TO GET A PERMIT IF IT'S, UM, IF IT'S A TEMPORARY EVENT LIKE A, A FESTIVAL OR SOMETHING.
UM, RATHER THAN MAKE THEM LIKE PACK UP AND GO HOME, THEY PAID THEIR ENTRANCE FEE AND EVERYTHING, WE'RE GONNA TRY TO WORK WITH THEM AND GET THEM PERMITTED RIGHT THEN AND THERE.
THEY DO HAVE TO, THERE'S A LATE BE INVOLVED.
AND, AND WE DO HAVE TO GET STAFF TO WORK ON THE WEEKENDS TO, AND, YOU KNOW, AFTER HOURS TO HANDLE THINGS.
BUT WE STILL TRY TO BE, UM, AS HELPFUL AS WE CAN IN THAT ASPECT.
UM, ANOTHER ONE WHO, UH, WOULD ACTUALLY FALL INTO WRITTEN NOTIFICATION WOULD BE LIKE A RESTAURANT THAT OPENS UP WITHOUT NOTIFYING THE HEALTH DEPARTMENT.
UM, REALLY QUICK BACKSTORY, UH, WHEN A RESTAURANT OPENS UP, UM, NEW, THEY NEED TO SEND THEIR PLANS INTO THE CITY, BUT ALSO TO THE HEALTH DEPARTMENT.
SO IT TAKES US EITHER, UH, THEY CAN EXPEDITE FOR TWO DAYS.
PLAN REVIEW, OR
SO A LOT OF TIMES FOLKS WILL, UM, UH, FOR ALL OF OUR JURISDICTIONS, FOLKS WILL GO TO THE CITY AND THEN, UH, NOT COME TO US AND THEN OPEN.
SO RATHER THAN GO IN AND MAKE THEM IMMEDIATELY CLOSE FOR 20 DAYS, UM, UH, WHILE WE'RE GETTING THROUGH THE PROCESS, WE WILL GIVE THEM A WRITTEN NOTIFICATION OF ABOUT, WITH ABOUT A 45 DAY TIMELINE, WE SAY, AT THE END OF 45 DAYS, WE NEED YOU TO HAVE COMPLETED THE PROCESS, UM, GOTTEN YOUR PERMIT, AND, UH, AND THEN YOU CAN JUST STAY OPEN.
IF YOU'RE GONNA EXCEED THAT 45 DAYS, WE NEED YOU TO, TO CLOSE YOURSELF.
IF THEY DON'T CLOSE THEMSELF, THEN WE'RE ON DAY.
YOU, WE DON'T GO OUT ON DAY 46.
BUT, YOU KNOW, AT SOME POINT AFTER THAT 45 DAYS, UM, HAS BEEN EXCEEDED, UH, WE WILL GO OUT AND GIVE A CEASE AND DESIST ORDER.
UM, WHEN WE GIVE THOSE, UH, THERE IS, UM, UH, AN ADMINISTRATIVE PENALTY, UM, AND WE CAN ASSIGN THAT TO, UH, IT'S AN ADMINISTRATIVE, YOU KNOW, FINE.
UM, AND, UH, IT CAN BE ASSIGNED TO ANYTHING.
UM, AND WE TYPICALLY USE THAT FOR, UM, OPERATING WITHOUT A PERMIT.
UH, AN INTERESTING THING ABOUT THE STATE LAW IS THAT EACH DAY OPERATING IS A SEPARATE VIOLATION.
SO THAT CAN START ADDING UP ON FOLKS.
UM, CAN I ASK YOU A QUESTION ON THAT? YEAH, OF COURSE.
SO IN NORTH TEXAS, MANY OF THE CITIES, THEY DON'T APPROVE PLANS JUST LIKE A FIRE.
LIKE THEY, UH, JUST ALMOST LIKE THE, WE OPERATE WITH THE FIRE HERE, THEY DON'T APPROVE THE PLANS FINAL UNTIL THEY'VE GOT, THE HEALTH DEPARTMENT HAS RESPONDED BACK.
AND WE'VE HAD A COUPLE BUSINESSES HERE THAT HAD PEOPLE COME OUT OF HOUSTON AND NORTH TEXAS THAT WERE PERMITTED, THOUGHT THEY WERE COMPLETE, PERMITTED, AND THEN REALIZED, WELL, THERE'S A WHOLE NOTHER PROCESS.
IS THERE A REASON WHY JUST IN THIS AREA IN GENERAL, LIKE, I MEAN, CAN HU MAKE THAT A REQUIREMENT THAT GOING FORWARD BEFORE YOU, BECAUSE IT SEEMS LIKE BEFORE YOU GUYS HAVE TO DO ALL THIS OTHER STUFF THAT WE, WE DON'T ISSUE A PERMIT WITHOUT THE FIRE DEPARTMENT SIGNING OFF.
RIGHT? THAT WOULD BE MY ABSOLUTE DREAM.
IS THAT LIKE A, IS THAT A UDC AND ORDINANCE? WHAT THE PROCESSING THING? AND, UH, AND IT'S, AND AS TO WHY IT'S THIS WAY IN WILLIAMSON COUNTY, I DON'T KNOW.
UM, IT'S ALWAYS BEEN THAT WAY.
IT'S JUST ALL, IT'S ONE OF THOSE STORIES.
UM, BUT, UH, UH, AT OTHER HEALTH DEPARTMENTS THAT I'VE WORKED AT BEFORE HERE, THE PROCESS WAS, WE WERE INVOLVED AND IT SOLVED SO MANY PROBLEMS. MM-HMM,
UM, A LOT OF TIMES THE BUSINESS OWNERS DON'T KNOW THAT WE'RE GONNA REQUIRE HAND SINKS AT CERTAIN PLACES, AND NOW THEY'VE GOT TO RE RIP UP THE PLUMBING, UM, TENS OF THOUSANDS OF DOLLARS WORTH OF CONSTRUCTION.
AND THEY'RE VERY, YOU KNOW, AND YOU GUYS ARE THE BAD GUY WITH REALITY.
YOU GOTTA TALK TO US IN THE BEGINNING.
WE, WE TOLD YOU WHY DIDN'T YOU, WHY DIDN'T YOU REACH OUT TO US
BUT, UH, ONE OF MY VERY FIRST EARLY DREAMS WAS, WELL, WHY AREN'T WE LIKE INTEGRATED WITH THE CITIES AND WHY AREN'T WE, YOU KNOW, COMMUNICATING BETTER? AND, UM, AND SO, UH, SO I WAS TELLING MY TEAM, I WAS LIKE, LOOK, THAT'S ON US.
WE NEED TO, BUT THEN TIME AND ISSUES, AND I GET IT.
[00:15:01]
YEAH, WE'RE ALL KIND OF HERE NOW, BUT WE FIGURE HOW TO MAYBE, MAYBE WE GOT A VOTE OR SOMETHING HERE, BECAUSE IT SEEMS LIKE IT'D BE THE, WE MAKE EVERYBODY ELSE EVEN LIKE ROUND ROCK.I MAKE YOU JUMP THROUGH EVERY OTHER DEPARTMENT, BUT THEN THERE'S THE KIND OF DEPARTMENT THAT NO ONE EVER TELLS YOU ABOUT THAT IS JUST LIKE, SURPRISE.
AND, AND IT IS A SORE SPOT WITH THE BUSINESSES, WHICH I DON'T BLAME 'EM.
I WOULD BE MAD TOO IF, YOU KNOW, I GET MY DRIVER'S LICENSE AND THEY'RE LIKE, NOPE, YOU CAN'T DRIVE, RIGHT? UM, UH, ONE OF THE LAST THINGS WE CAN DO IS LEGAL CHARGES.
UM, WE DON'T DO THAT ON OUR OWN.
WE DO THAT IN CONJUNCTION WITH THE CITY.
UM, WE HAVE ACTUALLY NOT HAD TO DO THAT SINCE I'VE BEEN HERE.
UH, WE HAVE HAD TO GO GET ONE OF OUR, UH, JURISDICTION MUNICIPAL ATTORNEYS TO ASSIST US WITH CONTACTING A BUSINESS AND LETTING THEM KNOW THAT IT WAS A, THAT THEY WERE WILLING TO PURSUE IT INTO A, A CRIMINAL CASE.
UM, BUT THEY WERE ADVISING THEM, YOU KNOW, REALLY YOU COULD JUST CLOSE DOWN SO YOU GET YOUR PERMIT.
AND, UM, AND, AND THAT'S WHAT EVERYBODY ELSE DOES WHEN THEY GET TO THIS POINT IN THE PROCESS.
UM, AND SO THE BUSINESS COMPLIED WITH THAT.
SO WE ENDED UP NOT GOING TO COURT, BUT, UM, BUT PREVIOUSLY I WAS, UH, UH, AT PREVIOUS HEALTH DEPARTMENT'S, UM, SITTING ON THAT WITNESS STAND.
THAT'S, THAT'S A VERY COMFORTABLE PLACE TO BE.
UM, SO LEGAL ENFORCEMENT, THIS IS JUST SHOWING THAT IT IS A CRIMINAL, UM, CLASS C MISDEMEANOR, UH, EACH DAY OCCURS AS A SEPARATE OFFENSE.
AND THEN THE ADMINISTRATIVE PENALTY, UM, IS A REALLY NICE FEATURE.
UH, I DID NOT HAVE THIS PREVIOUSLY.
UM, AND THIS IS FAIRLY NEW WITH US.
AND SO THIS IS, UH, A NICE ADDITIONAL WAY TO GET THEIR ATTENTION, UM, WITHOUT HAVING TO, YOU KNOW, MUG UP THE COURTS, THINGS LIKE THAT.
UM, SO THIS IS WHAT HAPPENS IF, UH, ONE OF OUR FIXED FOOD ESTABLISHMENTS, OUR RESTAURANTS, UM, HAS A FAILING INSPECTION.
WHAT WE DO HERE IS WE DO A DEMERIT SYSTEM.
UM, SO SOME, SOME PLACES WILL TREAT IT LIKE SCHOOL AND START OFF WITH A HUNDRED AND GO DOWN.
UM, WE, THE TECHNICALLY, THE, THE NUMBERS DON'T ADD UP TO A HUNDRED AND
AND SO WE ALSO, UM, I THINK JUST HAVE ALWAYS DONE IT AS A DEMERIT, UM, SYSTEM.
WE WANT THE LOW SCORES, RIGHT? ZERO IS OUR HEROES,
UM, SO, UH, SO IF THEY SCORE A 30 OR, UH, A, I'M SORRY, THEY SCORE ABOVE A 30, SO A 31 OR HIGHER, THEY WILL, UM, THEY WILL BE CONSIDERED A FAILING ESTABLISHMENT.
UH, THE FIRST TIME THAT HAPPENS, WE HAVE THESE BRIGHT RED STICKERS THAT SAY UNSATISFACTORY ACROSS THE TOP, AND THAT GOES ON THEIR DOOR FOR 48 HOURS.
UM, DURING THAT 48 HOURS, THEY ARE ABLE TO, UM, STAY OPEN.
THEY, UH, CAN FIX ANY, UH, HOPEFULLY EVERYTHING, BUT FIX AS MUCH AS THEY CAN.
AND THEN WE HAVE A SCHEDULED REINSPECTION THAT COMES BACK AFTER 48 HOURS TO SEE, YOU KNOW, ARE YOU, ARE YOU PASSING NOW? AND WE'RE GONNA DO ANOTHER FULL INSPECTION ON THAT.
UM, IDEALLY THEY PASS AND THEY JUST GO BACK ONTO A ROUTINE SCHEDULE, ROUTINE INSPECTION SCHEDULE.
UM, IF, UH, UH, IF THEY DON'T PASS, THEN ON A SECOND FAILURE, OR EVEN IF THEY PASS THIS TIME, BUT WE COME BACK AND SAY SIX MONTHS, AND THEN THEY FAIL.
UM, SORRY, I SHOULD'VE STARTED WITH THIS.
IT'S DURING THE FAILURE SCHEDULE IS DURING A 12 MONTH ROLLING PERIOD.
SO IF THEY HAD PROBLEMS AND THEN THEY CLEANED UP FOR A LONG TIME, AND NOW THEY'RE HAVING PROBLEMS, AGAIN, WE'RE NOT GONNA HOLD STUFF FROM FIVE YEARS AGO AGAINST THEM.
SO IT'S JUST WHAT'S BEEN HAPPENING IN THE PAST 12 MONTHS.
UM, SO THE, UH, FIRST FAILURE, THEY GET THAT, UH, PUBLIC NOTIFICATION.
UM, THE THOUGHT PROCESS ON THAT IS THAT, UM, THE RULES REALLY ARE DESIGNED FOR, UM, UH, IMMUNOCOMPROMISED FOLKS, UH, FOLKS THAT, UM, ARE CONSIDERED A HIGHLY SUSCEPTIBLE POPULATION.
SO KINDA LIKE PREGNANT WOMEN, ELDERLY CHILDREN, UH, ORGAN TRANSPLANT KIND OF PATIENTS.
UM, SO THESE ARE WHO THE RULES ARE FOR.
SO WE PUT UP THAT UNSATISFACTORY TAG, NOT TRYING TO, YOU KNOW, HURT THE BUSINESS OR, OR ANYTHING, BUT TO PROVIDE A NOTIFICATION FOR THOSE FOLKS SO THAT THEY CAN MAKE A PERSONAL DECISION.
IF THEY'RE COMFORTABLE WITH GOING IN AND EATING, THEY, THEY HAVE THAT, THAT FULL DISCLOSURE.
UM, WE COME BACK, THEY PASS, THAT RED TAG COMES RIGHT OFF.
UH, THEY'RE BACK ON ROUTINE SCHEDULES.
IF THEY FAIL TWICE WITHIN THAT ONE YEAR PERIOD, THEN THEY ARE CLOSED FOR A MINIMUM OF 48 HOURS.
UM, THIS IS, UH, ONE OF THE THINGS THAT WE DO HERE IS, UM, AND I'LL SURE I HAVE MORE SLIDES ON IT, BUT THIS IS WHERE WE DO INTERVENE.
MOST HEALTH DEPARTMENTS SAY, YOU KNOW, 1, 2, 3 FAILURES AND YOUR PERMITS REVOKED, AND THAT'S ON YOU, AND YOU JUST SHOULD HAVE DONE BETTER.
[00:20:01]
UM, WE ACTUALLY, UH, REQUIRE THAT THE RESTAURANT, WHILE THEY'RE CLOSED, BEFORE THEY GET THEIR RE-INSPECTION TO REOPEN, THEY HAVE TO COME IN AND SIT DOWN WITH YVETTE AND MYSELF AND THE INSPECTORS.AND WE ARE GONNA GO THROUGH, UM, LINE ITEM BY LINE ITEM WHAT THEY HAD ON THEIR VIOLATIONS ON THEIR INSPECTION REPORT.
AND THEY'RE GONNA TELL US THEIR PLANS.
THIS IS HOW WE'RE GONNA FIX IT.
THIS IS WHAT WE'RE THINKING OF DOING.
AND, UH, WHAT WE LIKE TO DO IS TRY TO, YOU KNOW, INTERVENE.
BUT, YOU KNOW, YOU DON'T NEED TO BUY AN ENTIRE BRAND NEW $20,000 COOLER.
IT'S JUST THE INSPECTOR'S RIGHT THERE.
INSPECTOR SAYS, HEY, MAN, YOUR GASKETS WERE JUST RIPPED.
YOU KNOW, PAY 50 BUCKS, GET SOME GASKETS, AND YOUR UNIT SHOULD BE WORKING JUST FINE.
SO WE LIKE TO TRY TO INTERVENE WHERE WE CAN LIKE THAT AND PROVIDE THE EASY FIXES AND THE QUICK WINS, BECAUSE ULTIMATELY, UM, WE WANNA PARTNER WITH OUR BUSINESSES TO MAKE SURE EVERYBODY'S SICK.
'CAUSE WE LIKE TO EAT TOO, RIGHT?
UH, SO, UM, SO THAT'S KIND OF A SPECIAL THING WE DO ON SECOND FAILURES.
UH, THIRD FAILURES, UM, THAT, UH, AT THAT POINT, THE PERMIT IS PERMANENTLY REVOKED.
THEY DO HAVE A DUE PROCESS, UH, SYSTEM SET UP BY THE STATE, UH, WHERE THEY CAN APPEAL THAT REVOCATION.
UM, IN ORDER TO APPEAL IT, THEY, THEY HAVE TO, UH, REQUEST AN APPEAL WITH THE HEALTH AUTHORITY.
AND SHE, UM, SHE WORKS WITH, UH, DR.
HILBERT, UM, AND SHE'S THE HEALTH AUTHORITY FOR WILLIAMSON COUNTY.
AND, UH, WE SIT DOWN AT AN ADMINISTRATIVE HEARING AND THEY HAVE TO, UM, WE PROVIDE DR.
NORWOOD WITH ALL OF THE INSPECTION REPORTS AND, UH, AND SOME INFORMATION ABOUT PICTURES AND THINGS THAT WE'VE SEEN, AND THEN, UM, THAT THE REST OF THE TIME BELONGS TO THE EXACTLY ESTABLISHMENT, AND THEY GET TO CONVINCE HER WHY THEY SHOULDN'T BE REVOKED, WHY THEY NEED AN EXTRA CHANCE OR, OR SOMETHING OF THAT NATURE.
UM, SO THAT OPPORTUNITY IS PROVIDED TO THEM.
UH, OUR LAWYERS HAVE TOLD US THAT BECAUSE OF DUE PROCESS, WE HAVE TO LET THEM STAY OPEN WHILE WE'RE WAITING ON THIS APPEAL PROCESS.
NORWOOD GIVES US OUR FINAL DECISION, UM, IN WRITING, THEN AT THAT MOMENT, UM, THE, WHATEVER THAT DECISION IS GOES INTO EFFECT.
SO, UM, UH, THE DAY THAT THE LETTER THAT SHE PUTS, UM, AND THEN ONCE IT'S REVOKED, UH, THE WAY THAT WE MAKE SURE THAT IT IS QUOTE UNQUOTE, PERMANENTLY REVOKED IS, UM, THERE ARE THREE ASPECTS THAT ARE CONNECTED.
THERE'S THE BUSINESS, THE LOCATION, AND THE RESTAURANT ITSELF, UH, OR THE CONCEPT RESTAURANT, YOU KNOW, MEXICAN RESTAURANT OR SUSHI RESTAURANT, OR KIND OF THE CONCEPT.
UM, THOSE THREE THINGS CAN'T EVER COME BACK TOGETHER AGAIN.
NOW WE CAN CHANGE ANY ONE OF THEM.
THE BUSINESS CAN GO AND TAKE THAT SAME RESTAURANT, MOVE TO ANOTHER LOCATION AND START FRESH.
YOU STARTED FRESH, YOU'RE, WE AREN'T GONNA KEEP YOU FROM GETTING A PERMIT.
WE'RE NOT GONNA STOP YOU FROM DOING YOUR BUSINESS.
UM, BUT YOU ARE GONNA HAVE TO START ANOTHER BRAND NEW RESTAURANT FROM, FROM SCRATCH.
UM, IF, UH, THEY SELL IT TO ANOTHER BUSINESS, AND THAT OTHER BUSINESS IS READY TO TAKE OVER THAT SAME LOCATION, THAT SAME RESTAURANT, AND RUN IT HOPEFULLY BETTER NOW WITH NEW MANAGEMENT AND WHATNOT, UM, THEN WE WOULD ALLOW THAT TO HAPPEN TOO.
UH, AND THEN OF COURSE, UM, UH, THE, THE CONCEPT, UM, THIS ONE REALLY HASN'T BEEN, UH, CHASED DOWN TOO MUCH, BUT ESSENTIALLY IT WOULD BE SOMETHING LIKE IF I WAS A, UM, A PARTICULAR, LIKE A FULL SERVICE RESTAURANT AND, AND I HAD MY PERMIT REVOKED, WELL, MAYBE I COULD TURN INTO LIKE A BAR OR SOMETHING THAT IS A LOT, OR A DELI OR SOME KIND OF LIKE, VERY LOW, UM, RISK FOOD ESTABLISHMENT AS OPPOSED TO LIKE, NOT GOING FROM A, A FINE DINING TO A SUSHI, YOU KNOW, WHICH IS ALSO HIGH RISK.
SO, UM, THEY WOULD HAVE TO GO TO A, A LOWER RISK CONCEPT.
UM, BUT, UH, THAT GETS, THAT GETS A LITTLE ETHEREAL, AND SO FOLKS NOT TO GO DOWN THAT PATHWAY.
UM, AND, UH, AND THEN THIS IS THAT MANAGEMENT MEETING AFTER THAT SECOND FAILURE WHERE WE HAVE THEM COME AND TALK TO US.
UM, IT'S, IT'S REALLY KIND OF NEAT TO SEE THEIR FACES, UH, CHANGE FROM LIKE, OH, YOU KNOW, I'M IN TROUBLE AND I'M HAVING TO COME HERE TO, OH MY GOSH, YOU'RE LIKE NOT YELLING AT ME.
AND IT'S REALLY A, A, A COOL THING.
UM, AND, UH, SO A LOT OF WHAT I WAS JUST TALKING ABOUT WAS ABOUT, UM, FIXED FOOD ESTABLISHMENTS, YOU KNOW, OUR BRICK AND MORTAR KIND OF RESTAURANTS.
UM, TEMPORARY EVENTS ARE BASICALLY ANY KIND OF FESTIVAL OR CULTURAL CELEBRATION, UM, AROUND A SPECIAL EVENT.
MM-HMM,
UM, AND, UH, THEY ARE, UH, THEY ARE MAXED OUT AT 14 DAYS FOR ONE OF THOSE PERMITS.
UM, AND, UH, IT CAN BE ANYTHING, YOU KNOW, FROM ONE HOUR TO 14 DAYS, UH, CONSECUTIVE DAYS ALL AT ONCE.
UM, AND, UH, AND BASICALLY, UM, THIS IS WHERE I WAS SAYING THAT IF THEY OPENED WITHOUT A PERMIT,
[00:25:01]
UM, YOU KNOW, THAT'S, THAT'S THE WORST CASE.BUT IF THAT HAPPENS AND OUR INSPECTORS ARE OUT THERE AND CAN VERIFY THAT THEY'RE MEETING MINIMUM SAFETY, UM, WHICH MINIMUM SAFETY FOR TEMPORARY EVENTS, IT'S BASICALLY DO YOU HAVE A BUCKET WITH A LITTLE SPIGOT THAT CAN DROP WATER THAT YOU CAN, YOU KNOW, WASH YOUR HANDS AT.
UM, AND, UH, AND THAT'S PRETTY MUCH LIKE THE MAIN, WELL, AND THERE'S A, THERE'S A FEW OTHER THINGS, A FEW THINGS, UM, MAKING SURE THAT YOU CAN ESSENTIALLY MAINTAIN YOUR TEMPERATURES, UM, AND THINGS LIKE THAT, UM, DURING THE COURSE OF THE EVENT.
SO AS LONG AS THEY HAVE THOSE THINGS IN PLACE, WHICH A LOT OF TIMES THEY DO, UM, AS LONG AS YOU HAVE THE, THE ABILITY TO DO THAT OR BE ABLE TO CORRECT THAT, IF YOU DON'T HAVE IT, YOU HAVE THE MEANS TO GO CORRECT IT.
UM, THEN WE GET ALLOWED FOR THAT, AND THEN THAT'S WHEN THE INSPECTOR WILL WORK WITH THEM AND, UM, THEY'LL END UP PAYING THE LATE FEES, UH, WHICH, YOU KNOW, HOPEFULLY THAT WOULD ENCOURAGE THEM NEXT TIME TO GET IT, TO GET A HOLD OF US.
UM, A NICE THING THAT WE HAVE IS OUR DEADLINE IS NOON THE DAY BEFORE THE EVENT.
SO BUSINESS DAY, SORRY, YOU'RE RIGHT.
NOON, THE BUSINESS DAY BEFORE THE EVENT, SO THEY REALLY CAN GET UP TO THAT DEADLINE BEFORE THEY GET PULLED IN.
UM, AND, UH, AND WE TRY OUR BEST TO ACCOMMODATE THEM, AND IF THEY GET PAST THAT DEADLINE, WE'LL STILL GET THEM A PERMIT, YOU KNOW, 5:00 PM AT NIGHT.
UH, WE'LL STILL WORK ON IT FOR 'EM.
UM, IT IS JUST THEN THAT'S WHEN WE HAVE THE, THE LITTLE LATE FEE.
UM, AND, AND THEN THESE GUYS, UH, FOR OPERATING WITHOUT A PERMIT WOULD ALSO BE SUBJECT TO THE $500 PER DAY, UM, OPERATING, UH, ADMINISTRATIVE PENALTY OR LEGAL CHARGES.
UM, MOBILE VENDORS, SO THESE ARE THE FOOD TRUCKS, THESE ARE ANYTHING ON WHEELS.
UM, THESE ARE A LITTLE BIT DIFFERENT.
UM, ALL OF OUR PERMITS, UH, WELL, THE TEMPORARY PERMIT IS BETWEEN, YOU KNOW, ONE TO 14 DAYS.
UM, THE, UH, ALL OF THE OTHER FIXED BUILDING PERMITS START ON JANUARY 1ST AND END ON DECEMBER 31ST OF EVERY YEAR.
SO EVERYBODY KNOWS EVERY YEAR THEY HAVE TO RENEW ON AN ANNUAL BASIS.
MOBILE VENDORS THOUGH, ARE A LITTLE BIT DIFFERENT BECAUSE THEY'LL COME IN THROUGHOUT THE YEAR, UM, AND, AND GET THEIR INSPECTIONS, UH, ON SITE WITH US.
UM, WHEN THEY DO THAT, AS SOON AS THEY PASS, THEY GET ONE YEAR FROM THAT PASSING DATE.
SO THEY'RE NOT, YOU KNOW, COMING IN IN DECEMBER AND STUCK WITH A ONE MONTH PERMIT, YOU KNOW.
UM, SO WE GIVE THEM A FULL YEAR OFF OF, OFF OF THEIR, UH, PASSING DATE.
UM, THE PERMIT IS ISSUED IMMEDIATELY ON SITE AS SOON AS THEY PASS.
UH, WE DO REQUIRE THE FIRE INSPECTION TO, UM, TO BE GIVEN TO US, SHOWN TO US, EMAILED TO US SOMEHOW PROVIDED DURING THE APPLICATION PROCESS.
UM, SO YEAH, SO NO, NO MOBILE WILL GET, UM, UH, EVEN GET THEIR INSPECTION UNTIL WE'VE SEEN THAT FIRE INSPECTION, MAKING SURE THAT IT'S SAFE.
UM, ONE OF THE BENEFITS OF MOBILE PERMITS IS THAT THEY'RE ESSENTIALLY A KITCHEN ON WHEELS, WHICH MEANS THAT WE HAVE SEEN WHAT THAT ENVIRONMENT IS.
WE'VE MADE SURE THAT YOU HAVE ALL THE RIGHT SINKS AND, UH, REFRIGERATION TYPE EQUIPMENT.
UM, AND SO THEN THEY CAN NOW MOVE AROUND FREELY WITHOUT, UH, HAVING TO BE ADDRESS SPECIFIC LIKE EVERY OTHER PERMIT THAT WE HAVE.
UM, AND THEY DON'T HAVE TO TELL US WHERE THEY'RE GOING.
THEY CAN SHOW UP AT TEMPORARY EVENTS.
THEY CAN SHOW UP BASICALLY WHEREVER, YOU KNOW, LOCAL LAW ENFORCEMENT'S OKAY.
WITH THEM PULLING UP
UM, NOW IF WE DO FIND THEM WITH ANY KIND OF AN ALTERED KITCHEN OR SOMETHING LIKE THAT, THEN THAT'S, UH, A REASON TO SUSPEND THEIR PERMIT BECAUSE NOW THEY'VE CHANGED WHAT THEY'VE, YOU KNOW, HAD APPROVED THROUGH FROM US.
AND SO THEN THEY HAVE TO COME BACK ON SITE AND SCHEDULE A, A REINSPECTION A QUESTION.
DOES THEIR PERMIT HAVE TO BE DISPLAYED IN A PUBLIC PLACE FOR THIS? SO, YES.
SO IT, UM, HAS TO BE IN A, A PLACE ON THE TRAILER WHERE IT CAN BE SEEN.
IS THAT INSIDE, OUTSIDE, OR JUST WHEREVER? UM, JUST WHEREVER IT CAN BE VIEWED.
UM, MOST OF THE TIME THEY DON'T PUT THEM ON THE OUTSIDE UNLESS THEY HAVE, UM, VERY FEW OF 'EM HAVE LIKE A LITTLE CASE THING THAT THEY YEAH.
UM, OUTFITTED THEIR TRAILER TO HAVE.
MOST OF THEM ARE EITHER ON THE REFRIGERATOR, LIKE, SO YOU CAN SEE IT WHEN YOU GO TO SERVE OR DIRECTLY BEHIND ON, ON THE WALL, ON THE WINDOW.
UM, SO WE DON'T LOOK NECESSARILY AT THEIR INSPECTION RECORD FROM DPS, BUT WE DO LOOK AT THE VIN NUMBERS TO MAKE SURE THAT IT DOES HAVE A VALID VIN NUMBER, BECAUSE SOME OF THEM DON'T.
[00:30:01]
I THINK, UH, THERE IS, IT, IT'S NOT READY YET, BUT THERE IS, UH, TALKS ON THE, ON THE PROCESS FOR MOBILE VENDORS TO GET SOME KIND OF A EXTERIOR STICKER, MAYBE LIKE ON THE, ON THE WINDSHIELD OR SOMETHING WHERE IT, YOU KNOW, THE AVERAGE PEDESTRIAN COULD WALK UP AND IMMEDIATELY BE ABLE TO TELL.UM, WE'RE NOT THERE YET, BUT, UH, WE DO HAVE SOME SAMPLES THAT WE'RE LOOKING AT RIGHT NOW.
I LIKE THAT BECAUSE I CAN BARELY READ THE PAPER IN FRONT OF ME.
WELL, AND YOU WALK UP AND YOU'RE THERE AT A FAIR AND THERE'S THIS THING BACK THERE, BUT IT COULD HAVE EXPIRED.
LIKE I KNOW A BUSINESS THAT HAD 91 YEAR GUYS' THINGS, THEY HAD, UH, A, A PASSING GRADE FROM THE CITY OF NEW YORK.
BUT UNLESS YOU STAND AND YOU JUST WALK UP AND SEE AN A AND YOU'RE THINKING IT'S GOOD, AND YOU DON'T REALIZE UNTIL LATER ON, LIKE, THERE'S NO INSPECTION.
IT'S JUST AN A FROM ANOTHER CITY.
IT COULD BE LIKE A 5-YEAR-OLD THING BACK IN THERE.
AND I'VE STARTED USING READERS THIS YEAR, SO ABOUT THAT
UM, BUT, UH, YEAH, SO THAT'S, THAT'S MOBILE VENDING.
AND, UM, AND, UH, JOT IS ACTUALLY, UH, OUR MOBILE VENDING, UM, FUNNEL.
BASICALLY, EVERY VENDOR HAS TO GET THEIR APPLICATION, UM, UH, PREVIEWED BY, BY DUET.
SO SHE'S A WONDERFUL PERSON TO KNOW.
UM, BUT, UH, THE DIFFERENCE IS, IS THAT THESE ARE MORE ON A, UM, ON A ROUTINE BASIS.
IT'LL HAPPEN SEVERAL TIMES THROUGHOUT THE YEAR INSTEAD OF JUST THE ONE, YOU KNOW, 14 DAY AROUND A CELEBR SINGLE CELEBRATION OR EVENT.
UM, SO BECAUSE IT'S MORE ROUTINE, UH, WE ARE ABLE TO NOT INSPECT THEM EVERY SINGLE TIME.
UH, SO THEY DO HAVE A DIFFERENT KIND OF APPLICATION AND PERMITTING PROCESS WHERE THEY CAN GET PERMITTED FOR THE WHOLE YEAR.
THERE'S THREE DIFFERENT TYPES OF VENDORS.
THERE'S GONNA BE THE VENDORS THAT DO, UH, THAT DON'T NEED A PERMIT FROM US.
THERE'S GOING TO BE THE VENDORS THAT DO NEED A PERMIT FROM US.
AND THEN THERE'S GONNA BE THE VENDORS THAT THE STATE OF TEXAS HAS SAID, WE ARE FORBIDDEN FROM EVER GIVING A PERMIT TO MATCH YOUR COTTAGE FOOD, AND WE'LL GO PUT THEM IN A MINUTE.
THAT'S GONNA BE WHERE WE WERE SAYING, YOU KNOW, THOSE BIG, UM, UH, AGRICULTURAL PRODUCE STANDS, UH, WHERE THEY JUST HAVE A SINGLE HARVEST CUT WHERE WE DON'T NEED TO
'CAUSE AT THAT POINT, YOU'RE HANDLING THE FOOD AND YOU HAVE THE OPPORTUNITY TO CREATE, UH, AN INFECTION, UM, EVENT.
SO, UM, SO THINGS, UH, NON-FOOD, YOU KNOW, ALL THOSE ARTSY VENDORS, THEY'RE WELCOME TO, TO GO WITHOUT OUR PERMISSION ALL DAY LONG.
UM, UH, THE HEALTH DEPARTMENT'S PERMISSION, UH, THE RAW AGRICULTURE PRODUCTS, THE PREPACKAGED SHELF STABLE FOODS.
SO SOMEBODY WANTS TO ROLL UP WITH A TENT AND SELL THOSE, UM, YOU KNOW, CHIP BAGS AND, AND CANDY.
UM, IF THEY'RE, THEY'RE SHELF STABLE, WE'RE NOT GONNA WORRY ABOUT IT.
UH, AS LONG AS THEY'RE NOT ALSO CUTTING IT UP AND GIVING YOU A SAMPLE.
YOU KNOW, IF THEY'RE CUTTING UP A SNICKERS BAR AND HANDING IT TO YOU, WELL, DIRTY HANDS ARE DIRTY HANDS REGARDLESS IF THAT FOOD HAS TO BE REFRIGERATED OR NOT.
SO WE WOULD NEED TO, TO BE INVOLVED AT THAT POINT.
UM, THEY COULD, HOWEVER, THERE IS A VERY, UH, SPECIAL LITTLE SITUATION WHERE THEY COULD, UH, HAVE SAMPLES, UH, THAT ARE PRE-SEED FROM THE MANUFACTURER.
SO LIKE, MAYBE, UM, LET'S SAY INSTEAD OF CUTTING MY SNICKERS BAR, I'M GONNA GIVE YOU, YOU KNOW, ONE OF THOSE LITTLE BABY ONES THAT GO OUT AT HALLOWEEN.
UM, WELL, IF IT'S SEALED, THEN YOU'RE FINE.
YOU'RE NOT GONNA MAKE ANYONE SICK WITH THAT.
YOUR LIKELIHOOD MAKING ANYONE SICK, UH, IS MUCH REDUCED.
UM, SO THEN THE ONES WHO DO NEED PERMITS, ANYBODY WHO'S GOT OPEN HANDLING OF FOOD, ANYBODY WHO'S HANDLING FOOD THAT NEEDS TO GO INSIDE REFRIGERATION OR STAY HOT FOR SAFETY, UM, IF IT JUST NEEDS TO BE HOT OR COLD FOR, UM, QUALITY, LIKE, UM, I, I, I AM A COKE ZERO FIEND, LET ME LET YOU KNOW.
UM, AND SO, UH, BUT IF I DRINK IT WARM, I'M NOT GONNA DIE.
RIGHT? SO THAT CAN GO ALL DAY LONG.
SO WE'RE NOT WORRIED ABOUT FOR QUALITY, IT'S ONLY FOR SAFETY.
HOW ABOUT EGGS? WHEN I WAS IN HIGH SCHOOL, WE USED TO STACK THEM ON THE FLOOR AND SELL THEM.
I DON'T KNOW, I DON'T REMEMBER THE RULES BACK THEN, BUT NOW IT'S CHANGED, RIGHT? SO DID WE CHANGE, DID THE CHICKEN START LAYING EGGS DIFFERENTLY? AND THEN WITH ALL THAT, IF YOU SEE EGGS, LIKE AT A FARMER'S MARKET, DO THEY NEED TO GO THROUGH YOU ALL? YES.
SO, UM, CHICKEN CHANGED AND THE HAVE
[00:35:01]
CHANGED.SO, UM, THE OLD, UH, VERSION OF MANUFACTURING AN EGG WOULD BE KIND OF LIKE THE FARMHOUSE WHERE IT'S A, A, A SMALL QUANTITY OF CHICKENS, RIGHT? UM, THAT LIVE HOPEFULLY IN, IN LITTLE MORE ARID CONDITIONS, A LITTLE MORE, YOU KNOW, FREEDOM.
MAYBE THEY'RE GETTING GRASS FED, UH, AND HAVE SOME, SOME, UM, SOCIAL DISTANCING.
SOCIAL DISTANCING, THEY CAN'T EVEN WALK.
THEY JUST GROW AND THEN THEY JUST GROW AND THEY'RE, THEY'RE STACKED HIGH.
SO THE ONES AT THE BOTTOM ARE, OH, YEAH.
SO THE MANUFACTURING HAS CHANGED.
OUR PROCESSING OF THE EGGS HAVE CHANGED.
UH, IT USED TO BE, YOU KNOW, I, I GO OUT TO THE FARMHOUSE, PUT A, PUT A DOZEN EGGS INTO, YOU KNOW, SOME REUSED CARTON AND, AND HAND THAT OFF.
UM, AND, AND THAT'S PERFECTLY FINE THAT COULD SIT OUT, UH, ROOM TEMPERATURE ALL DAY LONG.
BUT NOW WE'RE, UH, SOCIETY HAS DECIDED THAT WE LIKE PRETTY EGGS THAT ARE CLEAN AND DON'T HAVE, UM, MEMBRANES AND STUFF ON THEM.
SO NOW WE'RE BLEACHING WASHING, CLEANING THE EGGS, AND NOW ALL OF A SUDDEN THAT A MEMBRANE THAT USED TO BE ON IT AND PROTECTED IT FROM BEING POROUS TO HAVE THE BACTERIA GET INSIDE THE EGG IS GONE.
THE CLEANING OF THE EGG, IT'S THE CLEANING OF THE EGG.
SO NOW WE'VE GOT THESE BEAUTIFUL EGGS THAT NEED TO BE REFRIGERATED.
SO IT DEPENDS ON WHAT THEY'RE DOING WITH THE EGGS.
IF THEY'RE YARD EGGS AND THEY ARE NOT, UM, PREPARING THEM IN ANY WAY, THEY CAN SPIT OUT ON THE COUNTER ALL DAY LONG, THEY DO NEED A PERMIT FROM US.
IT'S $50, IT'S A HUNDRED DOLLARS A YEAR.
SO, UM, SO YOU GUYS HAVE NEVER TO ME EV EVER BEEN OVERBURDENSOME WITH THE FEES, BUT ONE PERSON COULD KILL SOMEONE IF THEY, YOU KNOW.
IF THEY TWO DAYS TO SAY ONE MORE DAY IS NOT GONNA HURT.
I THINK I USED TO DO IT THAT WAY.
NEXT THING YOU KNOW, THREE PEOPLE DIE A HUNDRED PERCENT.
AND THAT'S KIND OF ONE OF THE REASONS WHY, UM, UH, THE, THE, OUR COST OF SERVICE IS LESS THAN 50% RIGHT NOW.
WHEN WE RA WHEN WE JUST RAISED THAT UP, WE RAISED IT TO 50% OF OUR COST OF SERVICE, OUR FEES.
AND PART OF THAT IS TO KEEP, UH, US ACCESSIBLE SO THAT PEOPLE WOULD, UM, YOU KNOW, COME AND, AND GET THE EDUCATION, GET THE OVERSIGHT, GET THE DOCUMENTATION THAT THEY'RE DOING THINGS RIGHT OR WRONG.
IT IS WHAT IT IS, AND WE SEE WHAT WE SEE.
UM, BUT PART OF THAT INTERACTION IS TRYING TO REMAIN ACCESSIBLE TO THEM.
UM, SO THE QUESTION, WHAT, HOW MUCH IS THE LATE FEE? LIKE SINCE Y'ALL ARE SO ACCOMMODATING, ACCOMMODATING? SO THE LATE FEE IS, UH, UH, THE, JUST CURIOUS.
SO THE, UM, THE, UH, TEMPORARY EVENT PERMIT FEE IS $125 FOR ONE TO 14 DAYS.
DOESN'T MATTER HOW LONG, HOW LONG YOU HAVE IT.
UM, IT'S FUNNY BECAUSE IT USED TO BE REVERSED.
THE PERMIT FEE USED TO BE $50 AND THE LATE FEE WAS A HUNDRED DOLLARS.
AND THEN WE KIND OF WERE LIKE, YOU KNOW, THAT'S, THERE'S A LOGIC THERE.
SO, UM, SO THAT GOT, THAT CHANGED ACTUALLY THIS YEAR.
UM, SEE, I TOLD YOU I LOVE TALKING ABOUT THIS STUFF.
UH, FORBID FROM PERMITTING COTTAGE FOOD VENDORS, UM, AND THEN THIS IS WHERE, UH, WE CANNOT GET THEM A PERMIT, EVEN IF THEY DESPERATELY WANT ONE.
UH, WE'RE FORBIDDEN FROM DOING IT, BUT THEY HAVE TO FOLLOW THE ENTIRE COTTAGE FOOD LAW IN ORDER TO GET THE PROTECTIONS FROM IT.
CAN YOU EXPLAIN WHAT COTTAGE FOOD IS? YEP.
I HAVE MANY SLIDES ON IT, INCLUDING A WEBSITE RIGHT THERE.
UM, IT'S, UH, I WENT TO THE DSHS, TEXAS DEPARTMENT OF STATE HEALTH SERVICES, AND, UH, I JUST LOOKED UP TEXAS COTTAGE FOOD LAW, UM, AND IT, IT GIVES YOU THE ENTIRE LAW INCLUDING THESE THINGS.
SO, UH, THESE ARE KIND OF SOME OF THE BASICS.
UH, THE OPERATOR NEEDS TO, UM, MAKE A LIMITED AMOUNT OF MONEY, SO, WHICH IS INTERESTING, I HAVE NO IDEA HOW THE HECK I WOULD FIGURE THAT OUT.
BUT
UM, THEY DO HAVE TO SELL IT DIRECTLY TO THE CUSTOMER.
SO, UM, THEY CAN'T HAVE FLEETS.
THEY CAN'T, UM, YOU KNOW, SELL IT WHOLESALE, UH, TO A RESTAURANT THAT THEN WOULD, UH, SELL IT TO THE CUSTOMER.
IT HAS TO GO DIRECTLY FROM THE COTTAGE FOOD VENDOR TO THE CUSTOMER.
AND, UM, WAIT, THAT BACK TO, IT SAYS MAY NEVER WHOLESALE TO A COMPANY.
SO WHAT IF A PERSON IS SELLING A PRODUCT, UM, LIKE FISH, POULTRY, MEAT OR SOMETHING, SOMETIMES AT A FARMER'S MARKET, BUT SOMETIMES ALSO THE RESTAURANTS.
SO, UH, THE FISH PO LIKE A MEAT KIND OF SUBSTANCE WOULD, UM, I SHOULD LET YOU TALK TO, SO THOSE FOLLOW UP UNDER A, UM, INSPECTION.
SO THEY EITHER HAVE TO BE U-S-D-A-D-A INSPECTED OR THEY'RE
[00:40:01]
INSPECTED BY, UM, TEXAS.UM, THIS TEXAS HAS THEIR OWN, UH, MEAT SAFETY, UH, INSPECTION SERVICE.
UM, SO AS IT PERTAINS TO FARMER'S MARKETS WHERE YOU CAN GO AND PURCHASE, UM, THE, THE FROZEN MEAT.
'CAUSE A LOT, A LOT OF TIMES YOU CAN GO AND, AND GET THOSE ITEMS AT THE FARMER'S MARKETS.
THEY DO HAVE TO HAVE THAT, THAT MARK OF INSPECTION ON THERE.
SO BASICALLY IT WAS PRODUCED AS A WHOLESALE PRODUCT.
SO, UM, THAT SAME LABEL CAN THEN BE RESOLD BECAUSE IT HAS THE MARK OF INSPECTION ON THERE.
SO THAT, SO IT HAS TO BE ON THE PRODUCT, NOT JUST ON THE COOLER OR SOMETHING.
IT HAS TO BE ON EACH INDIVIDUAL PRODUCT.
UNLESS, LIKE YOU CAN SEE AT THE GROCERY STORE USDA YES.
UNLESS IT'S, UM, AN ENTIRE BOX, THEN THE ENTIRE BOX THAT'S MEANT TO GO OUT WITH, WITH THE ENTIRE, WITH THE WHOLE BOX, IT CAN BE ON THE OUTSIDE OF THAT BOX.
BUT THAT'S NOT SHELF STABLE, SO THEN EXACTLY.
SO, UH, THE, THE, UM, PART OF COTTAGE FOOD LAW IS THAT EVERYTHING HAS TO BE, UH, SHELF STABLE.
AND SO IT GIVES US THIS HUGE LONG LIST OF ALL THESE THINGS THAT THEY COULD DO, LIKE POPCORN AND CANDY AND BAKED GOODS ARE, YOU KNOW, A BIG ONE, BIG SALES.
UM, BUT ULTIMATELY THEIR BOTTOM LINE IS ANY OTHER FOOD THAT IS NOT A TCS FOOD TEMPERATURE OR TIME CONTROLLED FOR SAFETY FOOD.
SO IF IT DOESN'T NEED TO BE REFRIGERATED, THEN THEY CAN, THEY CAN MAKE IT AND SELL IT.
UM, UH, THEY CAN DO THINGS LIKE DRY MIXES, LIKE DRY SOUP MIXES.
THEY CANNOT DO, UM, WET THINGS LIKE WET SOUP.
UM, BECAUSE AT THAT POINT YOU'RE PROVIDING WATER ACTIVITY FOR THE BACTERIA TO PROLIFERATE.
UM, SO AS LONG AS IT'S SHELF STABLE, UH, THEY CAN MAKE IT, UH, THEY CAN SELL IT ANYWHERE.
THERE IS A LOCAL GOVERNMENT CODE, UM, THAT PREVENTS US FROM, UH, EVEN HAVING ZONING REGULATIONS AGAINST ALLOWING SOMEONE TO HAVE A COTTAGE FOOD IN THEIR HOME.
UM, THEY ARE ALLOWED TO SELL ONLINE AND MAIL ORDER, BUT THEY CAN'T SELL, UH, UH, TO ANOTHER COMPANY.
SO NO WHOLESALING AND THEY CAN'T, THEY HAVE TO BE THE ONE DIRECTLY TO HAND IT TO THE CUSTOMER.
SO NO FLEETS, I CAN'T HAVE, YOU KNOW, A WHOLE SLEW OF FOLKS GOING OUT.
UM, AND THEN LASTLY, THEY NEED TO HAVE ALL THESE LABEL ITEMS ON ALL OF THEIR ITEM ON EVERYTHING.
THE BOTTOM STATEMENT IS THE ONE THAT WE MOST OFTEN FIND FOLKS WITHOUT WHO MADE, IS MADE IN HOME KITCHEN.
THEY'RE NOT INSPECTED BY A LOCAL HEALTH DEPARTMENT.
UH, AND IF THEY'RE NOT FOLLOWING THE ENTIRE COTTAGE FOOD LOT, THEY ARE NOT PROTECTED BY IT.
AND THEY ARE A RETAIL FOOD VENDOR AND THEY'RE OPERATING WITHOUT A PERMIT AND THEY'RE SUBJECT TO EVERY ENFORCEMENT ESCALATION THAT WE HAVE.
AND THEN THERE'S ALL THOSE ENFORCEMENT ESCALATIONS POINT WORTH.
I HAVE A REALLY RANDOM QUESTION.
WHAT, WHAT ARE PLACES LIKE COSTCO, YOU KNOW, HOW THEY GIVE OUT THE, UH, SAMPLES? MM-HMM.
SO THE, THE WAY THAT THAT WORKS, SO, UH, WE DO PERMIT COSTCO EVEN THOUGH THEY, YOU KNOW, HAVE THE, THE MEMBERSHIP SAME AS SAM'S.
UM, SO THE, THE PERSONS THAT DO, OFTENTIMES WHAT THEY DO IS HAVE A THIRD PARTY THAT COME IN AND THEY HAVE A PERMIT.
THAT'S REALLY DUMP THE SAMPLING.
SO EXCEPT FOR LIKE THE TOILET PAPER SAMPLES, YOU KNOW, THEY DON'T
ACTUALLY, JUST CURIOUS QUESTION.
AND UM, AND LIKE I STARTED OFF WITH THIS DOESN'T END THE CONVERSATION.
ANY QUESTIONS, NO MATTER HOW SILLY OR GREAT YOU THINK THEY MIGHT BE, THIS IS, THIS IS WHAT WE ENJOY TALKING ABOUT.
SO HOW LONG DOES THIS TAKE FOR A NEW FOOD TRUCK VENDOR TO GET THROUGH YOUR PERMITTING PROCESS? UM, SO TECHNICALLY IT SHOULD BE WITHIN 10 BUSINESS DAYS TO, UM, GET THROUGH THE APPLICATION.
I WILL BE FULLY TRANSPARENT WITH YOU THAT I AM BEHIND ON THOSE APPLICATIONS RIGHT NOW.
UM, SO IT'S CLOSER TO THE 20 TO 25 DAY MARK RIGHT NOW AS WE SPEAK.
UM, I'M TRYING TO REALLY CATCH UP WITH THOSE.
SO THEN THAT WAY, UM, IT'S MOVING FASTER, BUT THAT'S FOR THE INITIAL RESPONSE IF I NEED, UH, ANY CORRECTIONS.
SO IT'S NOT NECESSARILY THE FULL COMPLETE PROCESS.
JUST YOU, WE DON'T PERMIT THOSE TRUCKS UNTIL THEY SHOW US THEIR COUNTY FOOD PERMIT AND THEIR FIRE INSPECTION AND THEN, THEN WE, WE CAN PERMIT 'EM AFTER THAT.
THANK, AS LONG AS THEY MEET ALL OF OUR REQUIREMENTS.
ANY OTHER QUESTIONS? ALL RIGHT, WE GOT THREE, TWO DISCUSSION, POSSIBLE ACTION RELATED TO WORK SESSION TOPICS.
[00:45:01]
TO DIRECT STAFF TO ADD FOOD BUSINESSES THAT'S COVERED BY THE WCC.UH, WHAT IS IT? W-C-C-H-D-C-C-H-D THAT THEY NEED TO BE PERMITTED TO YOU ALL PRIOR TO GETTING THEIR BILLING PLAN APPROVAL.
AND THEN ALSO THEY HAVE TO PASS YOUR FOOD INSPECTION PRIOR TO THEM GETTING A CO OR A TCO.
THANK YOU FOR CONSIDERING
I'D RATHER THEM BE BEHIND THE EIGHT BALL IN THE PERMITTING BECAUSE YOU GUYS ARE REQUIRING LIKE THE ENTIRE PLUMBING LAYOUT, THE ENTIRE ELECTRICAL, THE SPECS ON EVERY PIECE OF EQUIPMENT IN THERE AND TO DO ALL THAT, LIKE YOU SAID AND THEN, AND THE CITY NOT KNOWING WE SHOULDN'T BE PLAYING WITH WHAT YOU YOU'RE SUPPOSED TO BE DOING.
AND SO IT JUST SEEMS LIKE IT'D BE EASIER ON EVERYBODY.
MAYBE WOULD WE BE THE FIRST CITY OR YOU SHOULD TELL EVERYBODY, HEY DID SOMETHING RIGHT.
COUNTY SOFTWARE TO SEND IT THROUGH.
CAN YOU SAY THAT ONE MORE TIME? THE TO THIS? UH, YEAH.
IT'S A DIRECT STAFF TO ADD ANYTHING COVERED FOOD WISE WITH THE W-C-C-H-D THAT IT HAS TO BE PERMITTED THROUGH W-C-C-H-D PRIOR TO THEM RECEIVING BUILDING PLANS.
'CAUSE I THINK THAT'S WHERE ASHLEY GOT, SHE, SHE STEPPED ON.
BUT I THINK THAT'S, THAT'S WHAT YOU NEED BEFORE BUILDING PLANS.
AND THEN THEY HAVE TO PASS THEIR FOOD INSPECTION ALSO PRIOR TO GETTING THEIR CO OR TCO BECAUSE REALLY A TCO THERE SHOULDN'T BE LIFE SAFETY ISSUES.
ARE WE ALLOWED TO TAKE ACTION? WE DID BECAUSE WE POSTED FOR THAT MEETING.
WE DID BECAUSE THAT'S WHAT WE DO NOW.
WE POST, WE CAN TAKE ACTION ON WHAT'S DONE WORK.
THERE'S NOTHING THAT SAYS YOU CAN'T DO IT.
AND PRIMARILY THE REASON I DID THAT IS A LOT OF TIMES WE WOULD LEAVE THESE MEETINGS WITH IDEAS AND THEN WE NEED TO CHANGE OUR PROTOCOLS.
'CAUSE THEIR PROTOCOL SAYS YOU CAN'T DO THAT
SO WHAT TRUMPS WHAT? WELL, YOU ADOPTED YOUR PROTOCOLS BY RESOLUTION AND YOU, I GUESS YOU CAN MAKE A MOTION TO SUSPEND YOUR PROTOCOLS.
OKAY, WELL LET'S DO THAT JUST SO THAT WE'RE NOT BREAKING THE PROTOCOL.
SO I'LL MAKE A MOTION TO SUSPEND THAT RESOLUTION TEMPORARILY FOR THIS MEETING ONLY SO WE CAN FIGURE THIS OUT.
ALRIGHT, SECOND IN DISCUSSION, SUSPENDING, SUSPENDING THE PROTOCOL RELATING TO NOT BEING ABLE TO TAKE ACTION ON IT IN A YEAH POSITION.
HEARING NONE, PLEASE CALL THE VOTE.
SO I'LL JUST CALL IT ALL THOSE IN FAVOR, YOUR HANDS.
SO WE'LL SUSPEND UNANIMOUS AND GO BACK TO THE MOTION.
ALL IN FAVOR? RAISE YOUR HAND.
ANY OTHER THINGS WE WANNA DO ON WORK SESSION TOPICS? OKAY, THEN THERE'S NO OTHER ITEMS. WE'LL ADJOURN AT 6:51 PM.