0558O INX CE No.
AN ORDINANCE AMENDING ORDINANCE NO. 409t AS AMENDED, BY
REVISING THE REGULATIONS APPLICABLE TO FOOD MANAGER
CERTIFICATION AND THE ISSUANCE OF MULTIPLE PERMITS;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas 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, the City of Southlake heretofore adopted Ordinance
No. 409, as amended, providing for the regulation of food sales and
inspection and designating the Tarrant County Health Department
Director as the health authority in charge of implementing said
regulations; and
WHEREAS, the City Council now desires to amend said
regulations as provided herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1
That Ordinance No. 409, as amended, of the City of Southlake
is hereby amended by revising Section 6 to read as follows:
SECTION 6.
A separate
establishment or
Multiple Permits
permit shall be required for
temporary food establishment with
distinct
facilities
and operations
(as determined
every food
separate and
by the Health
slake\ord.32 -1-
Department) whether situated in the same building or at
locations.
Separate
will require
separate
and distinct lounge operations (in a food facility)
a separate permit from food operations. However,
multiple lounges on the same floor in the same building and under
the same liquor license will not require separate permit.
SECTION 2
That Ordinance No. 409, as amended, of the City of Southlake
is hereby amended by revising Section 16 to read as follows:
"SECTION 16. Food Manaqer Certification."
(a) Requirement.
(i) All food establishments handling open food and/or
beverages shall have at least one person employed on site in a
managerial capacity possessing a current food manager certificate
approved by the health department, unless specifically exempted in
this ordinance.
(ii) All establishments with six or more employees that
are required to have certified food managers must have one
certified manager on duty per shift.
(iii) Food manager certification certificates shall be
posted along with the health permit.
(b) Expiration.
(i) Food manager certification is valid for the period
of three (3) years from the date of issuance unless sooner revoked
by the health department.
(ii) Certification must be kept current at all times and
all establishments must maintain compliance with food manager
certification requirements.
slake\ord.32
(c) Revocation.
Repeated violations of the State Food Rules, closure of
the food establishment by the health department, or suspension of
a health permit may constitute cause for immediate revocation of
food manager certification.
(d) Chanqe of Manaqers.
(i) Termination or transfer of certified managers does
not change the requirements as stated above.
(ii) New managers shall have Food Manager Certification
prior to or immediately following employment or transfer to meet
the requirement.
(e) Chanqe of Ownership.
Since food manager certification requirements are
frequently new to new owners, there will be a sixty (60) day grace
period in which to obtain food manager certification following the
date of actual change of ownership.
(f) New Establishments.
New food establishments must be in compliance with food
manager certification requirements prior to issuance of the first
health permit.
(g) Exemptions.
(i) Temporary food establishments.
(ii) Establishments with uncut produce or packaged food
only.
Convenient storage with fountain drinks, coffee,
(iii)
and/or popcorn.
(iv) Daycare centers that do not prepare food other than
heating/cooling of pre-packaged items.
slake\orO.32 -3-
SECTION 3
This ordinance shall be cumulative of all provisions of
ordinances of the city of Southlake, Texas, except where the
provisions of this ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting
provisions of such ordinances are hereby repealed.
SECTION 4
It is hereby declared to be the intention of the City Council
that the phrases, clauses, sentences, paragraphs and sections of
this ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted
by the City Council without the incorporation in this ordinance of
any such unconstitutional phrase, clause, sentence, paragraph or
section.
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 each offense. Each day
that a violation is permitted to exist shall constitute a separate
offense.
SECTION 6
Ail rights and remedies of the city of Southlake are expressly
saved as to any and all violations of the provisions of Ordinance
st ake\ord.32 -4-
No. 409 or any other ordinances affecting the regulation of food
establishments, which have accrued at the time of the effective
date of this ordinance; and, as to such accrued violations and all
pending litigation, both civil and criminal, whether pending in
court or not, under such ordinances, same shall not be affected by
this ordinance but may be prosecuted until final disposition by the
courts.
SECTION 7
The City Secretary of the City of Southlake is hereby directed
to publish the proposed ordinance or its caption and penalty
together with a notice setting out the time and place for a public
hearing thereon at least ten (10) days before the second reading
of this ordinance, and if this ordinance provides for the
imposition of any penalty, fine or forfeiture for any violation of
any of its provisions, then the City Secretary shall additionally
publish this ordinance in the official City newspaper one time
within ten days after passage of this ordinance, as required by
Section 3 . 13 of the Charter of the City of Southlake.
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 FIRST READING ON THIS DAY OF
,ithtt4t , 1991. .►
"`�ptnn�ngp�� .�
,6'"\1 H l q/re",., OR
� % ATT. ST:
: :: Ai‘ /Ad4L__4_}TY SECRETARY
47 .
slake\ord.32 -5-
PASSED AND APPROVED ON SECOND READING ON THIS >y DAY OF
At (,,c,-C 4 tti , 19 91,
fie'lye .�
_o. , - YOR
to. AT EST:
q # * * a�� /414/4h/4
e-bi-}
���►fhilint0 r�•``�� ITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorne
Date: .)` 76v(i
ADOPTED: Attilltilty- 1efi 119.2--
EFFECTIVE:
99.2 —EFFECTIVE: I) /
slake\ord.32 -6-
E. Gt ,u.-~ GIoe2
Dw^~n'a D. Hu'r
FIELDING, BARRETT & TAYLOR
A'I'rORNEY S
8851 HIGHWAY 80 WEST, SUITE 300
FORT WORTIt. TEXAS 76116
TELEPHONE (8 I7) 560-0303
F-kX (817) 560-3953
January 7, 1992
Mr. Curtis Hawk
City Manager
City of Southlake
....... ~a~r~ Avenue
Southlake, Texas 76092
Re: Food Manager Certification Ordinance
Dear Curtis:
Per our telephone conversation last week, please find enclosed
a revised ordinance amending the Food Manager Certification
regulations. This Ordinance leaves Section 4 of Ordinance 409
intact and amends Sections 6 and 16 of the Ordinance in accordance
with the materials we received from the County. Please let me know
if we are on the same wavelength this time.
Very truly yours,
Wayne K. Olson
WKO/lgs
Enclosures
slake\hawk.31
fort Worth tar1'e!egram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT***
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
E STATE OF TEXAS
unty of Tarrant
Before me , a Notary Public in and for said County and State, this day
personally appeared KELLEY ALLARD Billing Specialist for the Fort Worth
Star-Telegram , published by the Star-Telegram Inc . at Fort Worth, in Tarrant
County, Texas ; and who , after being duly sworn, did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates :
DATE AD INVOICE NO. DESCRIPTION AD SIZE TOTAL — g AMOUNT
FEB 211 68282601CL . 358 1X54 L 54 . 40 21 . 60
Feb 21
ORDINANCE NO.558 _.
AN ORDINANCE
AMENDING ORDI-
NANCE B9` 55AMEDYREVIING THE REGULA-
TIONS APPLICABLE
TO FOOD MANAGER
CERTIFICATION AND
MULTIPLE PERMITTS i
PROVIDING THAT
THIS ORIDINANCE
SHALL BE CUMULA- I'
TIVE OF ALL ORDI-
NANCES PROVIDING
CLAUSE�EPROVIDING &2zA PENALTYFOR SIGNE)) ))4!":
VIOLATIONS
UBS( A SAVINGcR2LAUSE �N-TO BEFORE—ME-1 THIS THE-- 125 11 `� OF IEB , 32
PROVIDING FOR PUe_ NOTARY P U B
LIGATION IN THE OF- I- .._._ _____ _._._
ANDAPROVIyDING AN ------ ----- �\EFFECTIVE DATE.SECTION 5 TARRANT COUNTY, EXAS
Any person,firm or corpo-
ration who violates,disobeys,
omits lecfs or refuses to vu 4..'..o.A :~41 F.COfDfywffhorwhoreslsisthe �µY P`OQL O SPENCER,
enforcement of any ofihepro •-•4 ! R`
Ivislonsofihis ordinance shall = 4' f COS AIM S1ON EMPIRE -1 '.
I Thoursand Doha Se.than Two , jj
for each offense Ea 00� E iv. / ' ' NUARY 28, ter.
Inr.r,
ihatavlolatl -- - - •I "„,
exist shall connstiiute aiffeto �h`iF `:f.—.., ,r4-it.o rate offense. seoa- //°� \
NSECONDND APPROVED l \P
y92 Jrd Day of 4",ARCHS.ONG THI PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
Gary Flckes, 11
Ma or Southlake
Sandraof L
ON Secretaryy rand, REMIT TO : 400 W . SEVENTH , FW, TX 76102
CAppl°nv as to form;
ltAllen Taylor Jr.,. 4�NI
3.: 1r 17: P.' XFWX OC OM
brtgthbtar-Teleg ra rn ACCOUNT CIT57AMOUNT 21 . 60
NUMBER DUE
44 ` '' ..� PACE 1 1
44 of
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL AVE 21. 60
SOUTHLAKE TX 76092-8898 PLEASE PAY ►
THIS AMOUNT
ATTN : SANDY LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED _ _..
Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT***
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
E STATE OF TEXAS
unty of Tarrant
Before me , a Notary Public in and for said County and State , this day
personally appeared KELLEY ALLARD Billing Specialist for the Fort Worth
Star-Telegram, published by the Star-Telegram Inc . at Fort Worth , in Tarrant
County, Texas ; and who , after being duly sworn , did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates :
DATE AD INVOICE NO. DESCRIPTION AD SIZE TOTAL INCH.-LINE RATE AMOUNT
FEB 07 6822323 CL . 358 1X60 L 60 . 40 24 . 00
Feb 7
L
. NOTICE '
OF PUBLIC HEARING
NOTICE is hereby given to all
interestedpersons that the Ci-
ty Council of the City of
Ingaoubechearingdurb ngthe
Regular City Council meeting
to be held oppn February 18,
C992,Hall:667.North CtVgke '
Avenue,Southiake,Texas.
Purpose ofh the hearing Is toof /�
ih�e fol�lowln9sordindanceingof �///1/// _. _....
ORDINANCE NO.SSB ii
AN ORDINANCE
AMENDING ORDI- SIGNED ,
NANCE NO. 409 AS
BS<RIBED AMENDED,BYR�VIS BEFORE ME , THIS THE 7 ! ► A 0 •, ARY 1992
ING THE REGULA-
TIONS APPLICABLE
TO FOOD MANAGER NOTARY P U L I C
CERTIFICATION AND I , '-, •• \t �\
THE ISSUANCE OF
MULTIPLE PERMITS.; TARRANT CO NTY, TEXAS
PROVIDING THA
THIS ORDINANCE
SHALL BE CUMULA-
TIVE OF ALL ORDI-
NANCES.; ,t`c-,�tia-�vyu.-..-.-s.:..J v. ,,�.•NANCES PROVIDING "
A SERE RABIDITY �PµYp�ti�i •
CLAUSE' PROVIDING FOR A PENALTY FOR z �y KATHRYN 1, SPENCER
HEREOF PRQVIDING r� �'` •i COMMISSION EXPIRES o
A SAVINGS c`.LAUSE; �N- 11 yr
PROVIDING FOR PUB- $�'i� +w JANUARY 28, 1995
LIGATION IN THE OF- '4"o`E o
V FICIAL NEWSPAPER;
r,�,��
AND DING AN
SECTION S
f Any person,firm or corpo- RFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-may
ration who violates,disobeys.
omits neglects or refuses to
comp�yw thorwhoreslststhe
enforcement of any of the pro-
visions of this otmorethanshall REMIT TO : 400 W . SEVENTH, FW, TX 76102
be fined not more than Two
m
Thousand Dollars(52,000.00)
for each offense. Each day -- - --- - --- --- -\
Port Worti offelationispermlTTedto shall constitute a sepa 1 e TTom: ty' mX , 2051
offense. aof Southlakera L.LeGrand
6822323 CltvSecretary NUMBER ACCOUNT CIT57 AMOUNT
T 24 . 00
PAGE k 1
CITY OF SOUTHLAKE ORIGINAL -
667 N CARROLL AVE PLEASE PAY 24 . 00
SOUTHLAKE TX 76092-8898 THIS AMOUNT ►
ATTN : SANDY LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED