1028-A ORDINANCE NO. 1028-A
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS,
AMENDING CHAPTER 10 "HEALTH AND SANITATION",
ARTICLE III "FOOD ESTABLISHMENTS", OF THE CITY OF
SOUTHLAKE CODE OF ORDINANCES, AS AMENDED, BY
AMENDING THE REGULATIONS FOR FOOD
ESTABLISHMENTS; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY CLAUSE; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution
and Chapter 9 of the local Government Code; and
WHEREAS, Chapter 10 of the City of Southlake Code of Ordinances provides
for health and sanitation regulations that were adopted to protect the public health,
safety, and welfare; and
WHEREAS, the City Council now desires to amend certain provisions of the
health and sanitation regulations providing for the regulation of food service
establishments, retail food stores, temporary food establishments, mobile food units,
and roadside food vendors, and;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1.
That Chapter 10, "Health and Sanitation", Article III "Food Establishments",
of the Code of Ordinances of the City of Southlake, is hereby amended by revising
the article in its entirety to read as follows:
ARTICLE III. FOOD
ESTABLISHMENTS
DIVISION 1. GENERALLY
Sec. 10-76. Designation of health authority.
(a) The Medical Director of the Tarrant County Public Health Department is hereby
designated as the health and regulatory authority in charge of insuring minimum
standards of environmental health and sanitation within the scope of that
department's functions.
(b) Whenever necessary to make inspections to enforce any of the standards or
provisions adopted herein for the preparation and handling of food, the regulatory
authority may enter food establishments at all reasonable times.
Sec. 10-77. State regulations adopted.
(a) The City of Southlake adopts by reference the provisions of the rules adopted
by the Executive Commissioner of the Health and Human Services Commission, as
amended from time to time, found in 25 Texas Administrative Code, Chapter 228,
regarding the regulation of food establishments in the city.
(b) A certified copy of each rule manual shall be kept on file in the office of the city
secretary.
Sec. 10-78. Definitions.
In addition to the definitions adopted in the rules listed in 25 TAC Chapter 228
above, the following definitions shall apply to this article:
(1) Regulatory authority means the Tarrant County Public Health
Department.
(2) Authorized agent, representative, or employee means the employees
of the regulatory authority.
(3) Health department means representatives of the Tarrant County Public
Health Department.
(4) Ownership of business means the owner or operator of the business.
Each new business owner or operator shall comply with the current code of the city.
(5) Food establishment means a food service establishment, a retail food
store, a temporary food establishment, a mobile food unit, and/or a roadside food
vendor.
(6) State rules means the state rules found at 25 Texas Administrative
Code, Chapter 228,. These rules are also known as the Texas Food Establishment
Rules.
Sec. 10-79. Food permits.
(a) Requirement. It shall be unlawful for any person to operate a food
establishment in the city, unless he possesses a current and valid health permit
issued by the regulatory authority.
(b) Posting. A valid permit shall be posted in public view in a conspicuous place
at every food establishment regulated by this ordinance.
(c) Nontransferable (change of ownership). Permits issued under the provisions
of this article are not transferable. Upon change of ownership of a business the new
business owner will be required to meet current standards as defined in city
ordinances and state law before a permit will be issued.
(d) Application for Permit. Any person desiring to operate a food establishment
must make a written application for a permit on forms provided by the regulatory
authority. The application must contain the name, address, and phone number of
each applicant, the location and type of the proposed food establishment and the
applicable fee. An incomplete application will not be accepted. Failure to provide all
required information, or falsifying information required may result in denial or
revocation of the permit. Renewals of permits are required on an annual basis and
the same information is required for a renewal permit as for an initial permit.
(e) Inspection for Permits. Prior to the approval of an initial permit or the renewal
of an existing permit, the regulatory authority shall inspect the proposed food
establishment to determine compliance with state laws and rules. A food
establishment that does not comply with state laws and rules will be denied a permit
or the renewal of a permit.
(f) Suspension of permit. The regulatory authority may, without warning, notice,
or hearing suspend any permit to operate a food establishment if the operation of the
food establishment constitutes an imminent hazard to public health. Suspension is
effective upon service of the notice required by Paragraph (g) of this section. When
a permit is suspended, the holder of the permit shall immediately cease all food
operations. Whenever a permit is suspended, the holder of the permit shall be
afforded an opportunity for a hearing within ten days of receipt of a request for a
hearing.
(g) Notification of right to hearing. Whenever a permit is suspended, the holder of
the permit or the person in charge shall be notified in writing that the permit is, upon
service of the notice, immediately suspended and that an opportunity for a hearing
will be provided if a written request for a hearing is filed with the regulatory authority
by the holder of the permit within ten days. If no written request for hearing is filed
within ten days, the suspension is sustained. The regulatory authority may end the
suspension at any time if reasons for suspension no longer exist.
(h) Revocation of permit. The regulatory authority, after providing notice and an
opportunity for a hearing, may revoke a permit for serious or repeated violations of
any of the requirements of these rules or for interference with regulatory authority in
the performance of its duties. Prior to revocation, the regulatory authority shall notify
the holder of the permit or the person in charge, in writing, of the reason for which
the permit is subject to revocation and that the permit shall be revoked at the end of
the ten days following service of such notice. Unless a written request for a hearing
is filed with the health department by the holder of the permit within such ten-day
period, the revocation of the permit becomes final.
(i) Service of notice. A notice provided for in these rules is properly served when
it is delivered to the holder of the permit or certificate, or the person in charge, or
when it is sent by registered or certified mail, return receipt requested, to the last
known address of the holder of the permit or certificate. A copy of the notice shall be
filed in the records of the regulatory authority.
(i) Hearings. The hearings provided for in these rules shall be conducted by the
regulatory authority at a time and place designated by it. Based upon the recorded
evidence of such hearings, the regulatory authority shall make a final finding, and
shall sustain, modify or rescind any notice or order considered in the hearing. A
written report of the hearing decision shall be furnished to the holder of the permit or
certificate by the regulatory authority.
(k) Right of appeal. Any permit holder who wishes to dispute the decision of a
hearing may appeal the decision to the Medical Director of the Tarrant County Public
Health Department.
(I) Application after revocation. Whenever a revocation of a permit has become
final, the holder of the revoked permit may make written application for a new permit
to the regulatory authority.
(m) Permit fees. Fees shall be required to be paid for the preoperational inspection
and, thereafter, on an annual basis as specified by the Tarrant County
Commissioner's Court. Fees shall be paid to Tarrant County Public Health
Department and all health permit fees are enforceable within thirty (30) days of
approval of the Tarrant County Commissioner's Court.
Sec. 10-80. Review of plans.
(a) Submission of plans. Whenever a food establishment is constructed or
extensively remodeled and whenever an existing structure is converted to use as a
food establishment, properly prepared plans and specifications for such construction,
remodeling, or conversion shall be submitted to the regulatory authority for review
and approval before construction, remodeling or conversion is begun. Extensive
remodeling means that 20% or greater of the area of the food establishment is to be
remodeled or when equipment required by these rules is to be relocated or removed.
The plans and specifications shall indicate the proposed layout, arrangement,
mechanical plans, and construction materials of work areas, and the type and model
of proposed fixed equipment and facilities. The regulatory authority shall approve the
plans and specifications if they meet the requirements of these rules. No food
establishment shall be constructed, extensively remodeled, or converted except in
accordance with plans and specifications approved by the health department.
(b) Failure to follow the approved plans and specifications will result in a permit
denial, suspension, or revocation.
(c) Preoperational inspection. The regulatory authority shall inspect any food
establishment prior to its beginning operation to determine compliance with approved
plans and specifications and with the requirements of these rules.
(d) Fees for the review of plans shall be as adopted by the Tarrant County
Commissioner's Court.
Sec. 10-81. Inspections.
(a) Before a health permit is issued, the regulatory authority shall inspect and
approve the food establishment. An inspection of a food establishment shall be
performed at least once annually and shall be prioritized based upon assessment of
the food establishment's compliance and potential of causing foodborne illness
according to 25 TAC 228.
(b) The regulatory authority shall classify food establishments as special
priority, high priority, medium priority, or low priority, according to the type of
operation; particular foods that are prepared; number of people served; susceptibility
of the population served; history of violations and any other risk factor deemed
relevant to the operation.
(c) Refusal of an owner, manager or employee to allow the authorized
representative of the regulatory authority, upon presentation of credentials, to inspect
any permitted business or operation therein during normal business hours will result
in an immediate suspension of the permit, requiring all permitted activities to abate
until after such time as a hearing may be held per Sec. 10-79(g).
Sec. 10-82. Food manager certification; food handler training certificates.
(a) Requirement.
Facilities shall have certified food managers and food handlers when required by law.
Each food service establishment shall have at least one person employed in a
managerial capacity possessing a current food manager certificate approved by the
Regulatory Authority.
SECTION 2.
That Article Ill, "Food Establishments", of Chapter 10, "Health and Sanitation",
of the Code of Ordinances of the City of Southlake, as amended, is hereby amended..
SECTION 3.
That this ordinance shall be cumulative of all other ordinances of the City of
Southlake and shall not repeal any of the provisions of such ordinances, except in
those instances where provisions of such ordinances are in direct conflict with the
provisions of this ordinance.
SECTION 4.
That it is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this ordinance are severable,
and if any phrase, clause, sentence, paragraph or section of this ordinance shall be
declared void, ineffective or unconstitutional by the valid judgment or decree of any
court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs or
sections of this ordinance, since the same would have been enacted by the City Council
without the incorporation herein of any such void, ineffective or unconstitutional phrase,
clause, sentence, paragraph or section.
SECTION 5.
That all rights or remedies of the City of Southlake, Texas, are expressly saved
as to any and all violations of the City Code or any amendments thereto regarding
food establishments that have accrued at the time of the effective date of this
ordinance; and as to such accrued violations, and all pending litigation, both civil or
criminal, same shall not be affected by this ordinance but may be prosecuted until
final disposition by the courts.
SECTION 6.
Any person, firm or corporation who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the provisions of this
ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for all
violations involving zoning, fire safety, or public health and sanitation, including
dumping or refuse, and shall be fined Five Hundred Dollars ($500.00) for all other
violations of this ordinance. Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION 7.
The City Secretary of the City of Southlake is hereby directed to publish in the
official newspaper of the City of Southlake, the caption, penalty clause, and effective
date clause of this ordinance as authorized by the City Charter and Section 52.013
of the Local Government Code.
SECTION 8.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the 5th of December 2023.
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PASSED AND APPROVED on the 2nd reading the 19th of December 2023.
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EFFECTIVE: ' 1,196/2.3
FROM: CITY of SOUTHLAKE - CITY SECRETARY’S OFFICE
FOR: PUBLICATION on FRIDAY, DECEMBER 22, 2023 in the FORT WORTH STAR-
TELEGRAM
Ordinance No. 1023-A; 1028-A
ORDINANCE NO. 1023-A
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING CHAPTER 10 "HEALTH AND
SANITATION", ARTICLE VI, “PUBLIC SWIMMING POOLS AND SPAS” OF THE CITY OF SOUTHLAKE
CODE OF ORDINANCES, AS AMENDED, BY AMENDING THE REGULATIONS FOR, "PUBLIC
SWIMMING POOLS AND SPAS"; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE.
Section 5
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this ordinance shall be fined not
more than Two Thousand Dollars ($2,000.00) for all violations inv olving zoning, fire safety, or
public health and sanitation, including dumping or refuse, and shall be fined Five Hundred
Dollars ($500.00) for all other violations of this ordinance. Each day that a violation is permitted
to exist shall constitute a separate offense.
ORDINANCE NO. 1028-A
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING CHAPTER 10 "HEALTH AND
SANITATION", ARTICLE Ill "FOOD ESTABLISHMENTS", OF THE CITY OF SOUTHLAKE CODE OF
ORDINANCES, AS AMENDED, BY AMENDING THE REGULATIONS FOR FOOD ESTABLISHMENTS;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
Section 6
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this ordinance shall be fined not
more than Two Thousand Dollars ($2,000.00) for all violations inv olving zoning, fire safety, or
public health and sanitation, including dumping or refuse, and shall be fined Five Hundred
Dollars ($500.00) for all other violations of this ordinance. Each day that a violation is permitted
to exist shall constitute a separate offense.
PASSED AND APPROVED on the 2nd reading ON THE 19TH DAY OF DECEMBER 2023.
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