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0719 ORDINANCE NO.'/J~ AN ORDINANCE AMENDING SECTION 10-81 AMENDED OF THE CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE, ESTABLISHING REQUIREMENTS FOR FOOD HANDLER TRAINING; 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 PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, the City of Southlak~ 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 Ordinances No. 409 and 558, 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; WHEREAS, the City Council now desires to amend said regulations to establish requirements for food handler training and to amend the requirements for food manager ce rtificatio n; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: SECTION1. ThatSection10-81ofthe CodeofOrdinancesofthe CityofSouthiakeishereby amended to read as follows: FOOD MANAGER/HANDLER ORDINANCE PAGE 1 Section 10-81. Food manager and food handler training certification. (a) Requirement i. Each food establishment handling open food and/or beverages shall have at least one person employed on a site in a managerial capacity possessing a current food manager certificate approved by the health department, unless specifically exempted in this ordinance. ii. Each food establishment with six or more employees that is required to have certified food managers must have at least one certified manager on site during all operations. iii. Each food establishment shall post food manager certification certificates along with the health permit. iv. Any person who contacts food during stocking, preparation, cooking, baking, presentation or delivery shall: (1) (2) present his food handler certificate upon request; or post the certificate in the food establishment. (b) Expiration. i. Food manager certification is valid for a period of three years from the date of issuance unless sooner revoked by the health department. ii. Food manager certification must be kept current at all times and all establishments must maintain compliance with food manager certification requirements. iii. Food handler certification is valid for a period ofup to three years from the date of issuance, as determined by the health authority, unless revoked sooner by the health department. (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 and food handler certification. (d) Change of Food Managers or Food Handlers. i. Termination or transfer of certified food managers or food handlers does not change the requirements as stated above. ii. New food managers or food handlers shall obtain certification prior to PAGE? FOOD MANAGER/HANDLER ORDINANCE H iLLBR~RYt$outhlake/ORDINANC/foOd manager wpd {09/23/98) employment or transfer or within thirty days. (e) Chanqe of Ownership. Upon change of ownership of a food establishment, there will be a 60 day grace period for the owner or operator to obtain food manager certification and a 30 day grace period to obtain food handler certification. The grace period shall commence on the date of actual change of ownership. (f) New Establishments. New food establishments must be in compliance with food manager and food handler certification requirements prior to issuance of the first health permit. (g) Exceptions. The requirements of this section do not apply to the following: i. Temporary food establishments. Establishments with uncut produce or packaged food only. Convenience stores or vendors with fountain drinks, coffee, and/or ii. iii. popcorn only. iv. Daycare centers that do not prepare food other than heating and/or cooling of pre-packaged items. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Southlake, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. 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 FOOD MANAGER/HANDLER ORDINANCE PAGE H iLIBRARY~Southlake\ORDINANC/food manager wpd (09/23/98) 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 4. 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 5. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance 558, Chapter 10 of the Code of Ordinances or any other ordinances affecting of the regulation of food establishments, which accrued at the time of the effective date of this ordinance; and, as to such accrued violations and a!i 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 6. 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 FOOD MANAGEPJHANDLER ORDINANCE PAGE 4 H:/L~BRARY\Soulhlake\ORDINANC/fOOd manager wpd (09/23/98) 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 or its caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 7. This ordinance shall be in full force and effect from and after the ¢~ day of PASSED ,1998 and it is so ordained. AND APPROVED ON FIRST READING THIS ~ DAY ~ % -~ ~(~EATTEST: OF PASSED AND APPROVED ON SECOND READING THIS EFFECTIVE: DAY OF APPROVED AS TO FORM: FOOD MANAGER/HANDLER ORDINANCE PAGE 1-tU. I.U. NO. ZZ-U1473Zb4 Star-Telegram. A° ORDER NO. 13873851 • 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 7-L-IE STATE OF TEXAS unty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Tammie Bryant Billing Specialist for the 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: • 1 DATE AD ORDER NO. I DESCRIPTION AD SIZE TOTAL RATE AMOUNT INCH/LINE 10/09ME 13873851 NOTICE OF PUBLIC I358 1x 59L 59 QUOTE 47 . 79 NOTICE OF PUBLIC 10/II5-10/09 _.. HEARING Notice is hereby given to all in- terested persons that the ' City Council of the City of -_ ---- Southlake, will be holding a --- --- --- - - - - - - - - -- ---- public hearing during the egulabe held r City on CouncOctobil meeting to , 1998, at 6:00 p.m., in the City Council Chambers of _--- City Hall, 667 North Carroll Avenue,Southlake,Texas. Purpose of the hearing is to __.. consider the second reading of the following ordinance. ORDINANCE NO.719 AN ORDINANCE AMENDING SECTION 10-81 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE, ESTABLISHING REQUIRE- • MEN DLER FOR FOOD S N- CI-'; TRAINING; REVISING 1E REGULATIONS APPLICA- c' -E TO FOOD MANAGER SIG :RTIFICATION AND THE IS- MIANE OF MULTIPLE ER- TS PROVIDING THAT TH S 12th OCTOBER 1998 S MUDTV"EEOF"ALLBORo- SWORN TO BEFORE ME, THIS THE DAY OF NANCES•PROVIDING A SEV- ERABILITY CLAUSE,'PROVID- ING �,�.,„-,.- �,•;..w`rs�'s^•`'�"z'�A"o'�� VIO FOR AS PENATY FOR <>-sir a',, .0 ^ • VIOLATIONS HEREOF; PRO- P• r g/ RHONDA R. GOKE NotaryPublic +1.�71 Cam, VIDING A SAVINGS CLAUSE; 2' :� )1R49-&-... PROVIDING FOR PUBLICA- ',: -rsii TION IN PAMPHLET FORM; i• 's'�'•� COMMISSION EXPIRES PROVIDING ION INITHE FOR FFIIAL NEWS- ' . ��:+�' SEPTEMBER 8, 1999 PAPER;AND PROVIDING AN i,``••-•-•' TARRANT COUNTY,TEXAS EFFECTIVE DATE. SECTION 4. +-.1.-.1. Any person, firm or corpora- tion who violates, disobeys, to ict oorr wholes i ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! sists the enforcement of any of the provisions of this ordi- not TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT Hance shall be fined not ------,A more than Two Thousand Dollars ($2,000.00) for each offense.Each day that a violation is permitted to ex- ist shall constitute a sepa- rate offense. Sandra L.LeGrand S,City Secretary Sittfintic gra m REMIT TO: 400 W.SEVENTH STi�.;FORT WORTH,TEXAS 76102 13873851 ACCOUNT CIT ''� AMOUNT 47 . 79 f PAGEI OOP IF ANY QUESTION' `, E SE CAj,F((81(7)390-7885 — 5 " t - CITY OF SOUTHLAKE • 667 N CARROLL AVE PLEASE PAY SOUTHLAKE , TX 76092-9595 THIS AMOUNT / 47 . 79 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram FED. I D. NO. 22-3148254 AD ORDER NO. 13960361 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 • THE STATE OF TEXAS Dunty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist for the 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 ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 10/24ME113960361 ORDINANCE NO . 71 I358 1x 51L 51 QUOTE 41 . 31 ORDINANCE NO.719 10/24-10/24 AN ORDINANCE AMENDING SECTION 10-81 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE, ESTABLISHING REQUIRE- MENTS _. FOR FOOD HAN- DLER TRAINING; REVISING THE REGULATIONS APPLICA- BLE TO FOOD MANAGER CERTIFICATION AND THE IS- SUANCE OF MULTIPLE PER- MITS•PROVIDING THAT THIS ORDINANCE SHALL BE CU- MULATIVE OF ALL ORDI- NANCES-PROVIDING A SEV- ERABILII'Y CLAUSE-PROVID- ING FOR A PENALTY FOR VIOLATIONS HEREOF; PRO- VIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICA- TION IN PAMPHLET FORM; , PROVIDING FOR PUBLICA- TION IN THE OFFICIAL NEWS- DFPECtIAE DATE.PROVIDING AN SECTION 4. S I G iy person. firm or corpora- .ion who violates, disobeys, ` omits. neglects or refuses : to comple y with or ofa y SWORN TO BEFORE ME, THIS THE 26th DAY OF OCTOBER 19• s ss of the provisions of this ordi- nance shall be fined not �.� / more than Two Thousandc.. !'.Y•P�eq Dollars 62,000.00) for `/: ,��, RHONDA R. GOKE Notary Public , A/�-, Y �- _ • ,� " ,. each offense.Each day that $; `.,,p ` COMMISSION EXPIRES 0 .a violation is permitted to ex- iN. ist shall constitute a sepa- rate ��,••� , SEPTEMBER 8, 1999 offense. �7 TARRANT COUNTY.TEXAS PASSED 20th DAY OF APPROVED 1�4"F.j 1998, DURING THE REGU- LAR CITY COUNCIL MEET- ING.MAYOR RICK STACY ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! ATTEST:SANDRA L. LEGRAND CITY SECRETARY APPROVED AS TO FORM: -TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT CITYLATTI TYL ORNEOR JR., ---.A \ Star-"I'elegrani REMIT TO: 11110. 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 ACCOUNT AMOUNT 13960361 NUMBER CIT57 DUE 41 . 31 PAGEI C IF ANY QUESTIONS, PLEASE CALL(817)390-7885 \-171:N' .'-'' -- \V_',\.\ ‘4)\/ \ 13 \99. . CITY OF SOUTHLAKE • 667 N CARROLL AVE PLEASE PAY SOUTHLAKE , TX 76092-9595 ,..- THIS AMOUNT 41 . 31 PLEASE WRITE IN AMOUNT ENCLOSED