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Item 4V - Ordinance No 1028-AORDINANCE NO. 1028 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. (1) 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 III, "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 5t" of December 2023. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 19t" of December 2023. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: