Item 6C
M E M O R A N D U M
March 13, 2012
To:
Shana Yelverton, City Manager
From:
Ken Baker, AICP – Director of Planning & Development Services
Subject:
Ordinance No. 1028, 2nd Reading Amending Chapter 10 “Health and
Sanitation” Article III “Food Establishments”, of the City of Southlake
Ordinances, as amended by amending the regulations
Action
nd
Requested:
Conduct a public hearing and consider approvalof Ordinance 1028 (2
Reading).
Background
Information:
For more than 14 yearsTarrant County has provided permitting and
inspections services for food establishments in the city. The State has
recently updated its regulations for food establishments and has
requested that the City adopt these regulations into our City Code to
better serve the customer and avoid any confusion. Also, by including the
State regulations in the City Code, this will allow the City to provide
enforcement actions if ever needed.
Citizen Input/
Board Review:
None. The City is adopting approved State regulations into the City
Code.
Planning & Zoning
Commission:
No action required.
Legal Review:
Yes
Attachments:
Proposed Ordinance 1028
Letter from Tarrant County Public Health
st
Council Action:
1 Reading - Approved (7-0) on consent
ORDINANCE 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 and
renumbering 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 director of the Tarrant County Public Health Department is hereby
designated as the 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 229,
Sections 161 through 171 and 173 through 175 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 Sec 46-122 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 229, Sections 161 through 171 and Sections 173 through 175. 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 director of the Tarrant County Public Health
Department.
(l) 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. A fee, as adopted by resolution, shall be required to be paid for the
preoperational inspection and, thereafter, on an annual basis. Fees shall be paid to
Tarrant County Public Health Department at 1101 South Main, Fort Worth, Texas
76104.
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 resolution.
Sec. 10-81. Inspections.
(a) Before a permit is issued, the city or its authorized representative 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 229.171(h).
(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.
(1) Each food establishment shall have at least one person employed in a
managerial capacity possessing a current food manager certificate approved by the
regulatory authority.
(2) 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.
(3) Every employee of a food establishment other than a certified Food
Manager must maintain a valid food handler certification registered with the regulatory
authority.
(4) Food Manager and Food Handler certification documentation must be
maintained in the food establishment and presented upon request by the regulatory
authority.
(b) Expiration.
(1) Food manager certificates are valid for a period of five years from the date
issued unless revoked by the health department prior to the expiration date.
(2) Food Handler certification shall be valid for a period of up to three years
as determined 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 by
repealing Division 2, “Food Service Permits”, Sections 10-96 through 10-106.
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 FIRST READING ON THIS ______ DAY OF
__________________, 20__.
___________________________________________
JOHN TERRELL, MAYOR
ATTEST:
___________________________________________
ALICIA RICHARDSON, CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS ______ DAY OF
____________________, 20___.
___________________________________________
JOHN TERRELL, MAYOR
ATTEST:
___________________________________________
ALICIA RICHARDSON, CITY SECRETARY
EFFECTIVE: ____________________
APPROVED AS TO FORM AND LEGALITY:
___________________________________________
CITY ATTORNEY
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