Is it a violation when a retail store......?

Question

in Texas don't have water since Sunday and it's open for business. The customers and employees could not use the restrooms nor wash their hands. This Monday, the city Water Department came but they were not able to fix it.

Answer 1

Probably not.  A retail store is not required to have public bathrooms for customers at all unless they serve food and drinks which are customarily consumed on the premises.  

You said retail store, not restaurant so not having bathrooms/sinks for employees on an emergency basis is also probably not a violation as long as the store is actively trying to get the situation remedied.  ie, calling the city water department to fix it.  A store would usually not be required to close due to a plumbing problem unless they serve food or the place is flooded.  Many retail store do not have bathrooms/sinks anyway.  Most mall stores do not have their own facilities and some small stand alone stores don't either.

This would fall under local municipal codes, not Texas state regs if you want to try to find your specific codes.

Answer 2

I only believe it is a violation if the store serves food and beverages.  If there are available facilities for a non-food service venue, near by, then I do not think it is a violation.  You would have to consult the local municipal laws.  This might be a breach of contract between the landlord/tenant, however.