0409ORDINANCE NO. 409
AN ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS, DESIGNATING THE DIRECTOR OF THE
TAR_RANT COUNTY HEALTH DEPARTMENT AS ITS
HEALTH AUTHORITY; ADOPTING BY REFERENCE
TEXAS BOARD OF HEALTH "RULES ON FOOD SERVICE
SANITATION" AND "RULES ON RETAIL STORE
SANITATION"; PROVIDING DEFINITIONS;
REQUIRING A PERMIT FOR OPERATION OF A FOOD
SERVICE OPERATION AND APPROVING OTHER
MATTERS P~ELATED TO SUCH PERMITS; REQUIRING A
FEE FOR ISSUANCE OF PERMIT; REQUIRING REVIEW
OF PLANS OF FOOD SERVICE ESTABLISHMENTS;
REQUIRING FOOD SERVICE MANAGER CERTIFICATION
IN FOOD SANITATION; PROVIDING FOR VIOLATION
AND PENALTY OF FINE OF SUM NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000.00) PER OFFENSE
AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; PROVIDING FOR
THE REPEAL OF CONFLICTING ORDINANCES: AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1. Desiqnation of Health Authority.
The City of Southlake, Texas designates the Tarrant
County Health Department Director as its health authority for
the purpose of insuring minimum standards of environmental
health and sanitation within the scope of that department's
function.
SECTION 2. State Requlations Adopted.
(a) There is hereby adopted by reference the Texas
Department of Health, Division of Food and Drugs "Rules on Food
Service Sanitation 301.73.11.001-.011" and the "Rules on Retail
Food Store Sanitation 229.231-.239," and "The Texas Food, Drug
and Cosmetic Act" (Art. 4476-5 V.T.C.S.), and "Texas Sanitation
and Health Protection Law" (Art. 4477-1 V.T.C.S.).
(b) A certified copy of each rule manual listed in
Section 2(a) above shall be kept on file in the office of the
City Secretary of the City of Southlake.
SECTION 3. Definitions.
(a) Ail definitions in "Rules on Food Service
Sanitation" and "Rules on Retail Food Store Sanitation" are
hereby adopted.
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(b)
Section 3(a)
herein assigned to them:
In addition to terms defined in accordance with
above, the following terms shall have the meanings
Requlatory authority - shall mean
Tarrant County Health Department.
Health Department - shall mean the
Department.
representatives of the
Tarrant County Health
Service of notice - shall mean a notice provided for in
these rules is properly served when it is delivered to the
holder of the permit 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.
Ownership of business - shall mean the owner or operator
of the business. Each new business owner or operator shall
comply with the current code of the city.
Food establishment - shall mean all places where food or
drink are manufact'ured, packaged, produced, processed,
transported, stored, sold, commercially prepared, or otherwise
handled, whether offered for sale, given in exchange or given
away for use as food or furnished for human consumption. The
term does not apply to private homes where food is prepared or
served for guest and individual family consumption. The
location of commercially packaged single portion nonpotentially
hazardous snack items and wrapped candy sold over the counter
is excluded.
Child care facility - shall mean a facility keeping more
than twelve (12) unrelated children that provides care,
training, education, custody or supervision for children under
fifteen (15) years of age, who are not related by blood,
marriage or adoption to the owner or operator of the facility,
for all or part of the day, whether or not the facility is
operated for profit or charges for the services it offers.
Nonprofit facilities will be required to make application for a
permit and meet current requirements but are exempt from
payment of the permit fee.
SECTION 4. Food Service Permits.
(a) Permit Required. It shall be unlawful for any
person to operate a food establishment in the City unless such
person possesses a current and valid health permit issued by
the health department,,
(b) Postinq. A valid permit shall be posted in public
view in a conspicuous place at the food establishment for which
it is issued.
-2-
SECTION 5. Nontransferabilit¥; Chanqe of Ownership.
Permits issued under the provisions of this Ordinance are not
transferable. Upon change of ownership of a business the new
owner of the business will be required to meet current
standards as defined in City ordinances and state law before a
permit will be issued.
SECTION 6. Multiple permits. A separate permit shall be
required for every type of food establishment, temporary food
establishment, and child care facility whether situated in the
same building or at a separate location. Lounge operations
located in the same building or on the same floor operating
under the same liquor license will not require a separate
permit.
SECTION 7. Suspension of permit. The health department
may suspend any permit to operate a food establishment if the
operation of the establishment does not comply with the
requirements of this Ordinance or state laws and rules, or the
operation of the food establishment otherwise constitutes an
imminent health hazard. Before a permit is suspended, the
holder of the permit shall be afforded an opportunity for a
hearing within ten (10) days of receipt of a written request
for a hearing. Suspension is effective after a ten (10) day
notice period is given by the health department in the event a
public hearing is not requested. When a permit is suspended,
food service operations shall immediately cease.
SECTION 8. Notification of Riqht to Hearinq. Whenever a
notice of suspension is given, the holder of the permit or the
person in charge shall be notified in writing that an
opportunity for a hearing will be provided. If no written
request for a hearing is filed within ten (10) days, the permit
is suspended. The health department may end the suspension any
time if reasons for suspension no longer exist.
SECTION 9. Revocation of Permit. The health department
may, after providing notice and an opportunity for a hearing,
revoke a permit for serious or repeated violations of any of
the requirements of these rules or for interference with the
health department in the performance of its duties. Prior to
revocation, the health department 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 (10) 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 (10) day period, the revocation of
the permit becomes final.
SECTION 10. Service of Notices. A notice provided for
in these rules is properly served when it is delivered to the
-3-
holder of the permit, license, 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, license, or certificate. A copy of the
notice shall be filed in the records of the regulatory
authority.
SECTION 11. Hearinqs. 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, license, or certificate by the regulatory authority.
SECTION 12. Riqht 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 Health
Department.
SECTION 13. 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 health department.
SECTION 14. Permit fees.
(a) Food establishments - A fee of $100.00 shall be
charged for the issuance of each permit. A renewal fee of
$100.00 shall be due and payable each year thereafter. Fees
are to be paid to the Tarrant County Health Department, 1800
University Drive, Fort Worth, Texas.
(b) Temporary permit fee - A fee of $25.00 for a
temporary health permit shall be required for any food
establishment operating less than fourteen (14) days. Fees are
to be paid to Tarrant County Health Department as provided in
Section 14(a) hereof.
(c) Exemption from fees. Nonprofit facilities shall
be required to make application for a permit hereunder but
shall be exempt from payment of the permit fee.
SECTION 15. 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
-4-
to the health department for review and approval before
construction, remodeling or conversion is begun. 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 health department 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) Preoperational Inspection. The health department
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.
SECTION 16. Food Manaqer Certification.
(a) Requirement for Certification.
(i) Ail food establishments, except
establishments dealing only in fresh produce and/or
prepackaged potentially nonhazardous food, shall have a
person employed in a managerial capacity possessing a
current food manager's certificate issued by the health
department. A certified manager or person in charge must
be on duty during all hours of operation of any nonexempt
food service establishment employing six (6) or more
employees.
(ii) Upon written application and presentation
of evidence of satisfactory completion of a food
manager's course, equivalent training, or examination as
approved by the director of public health, the health
department shall issue a food manager's certificate valid
for three (3) years from the date of training or
evaluation unless sooner revoked. Suspension or
revocation of an establishment's health permit by the
health department shall constitute cause for revocation
of that manager's certification.
(iii) Whenever the food service operator holding
the certificate terminates employment, is terminated, or
is transferred to another food establishment, the person
owning, operating or managing the food establishment
shall be allowed sixty (60) days from the date of
termination or transfer of the certificate holder to
comply with this section.
(b)
Temporary
volunteer
certificate
requirement.
Exemptions from
food establishments and persons participating as
food handlers performing charitable activities for
-5-
periods of four (4) days or less may be exempted from the
requirement for a manager's certificate.
SECTION 17. Violations; Penalty.
(a) A person, corporation, partnership or other
association commits an offense hereunder by commission or
omission of any provision of this Ordinance that imposes upon
such person or entity a duty or responsibility.
(b) In addition to prohibiting or requiring certain
conduct on individuals, it is the intent of this Ordinance to
hold a corporation, partnership or other association criminally
responsible for acts or omissions performed by an agent acting
on behalf of the corporation, partnership or other association
and within the scope of his employment.
(c) It shall be unlawful for any natural person,
corporation, partnership or other association to violate any of
the provisions of this Ordinance, and any such natural person,
corporation, partnership or other association which violates a
provision of this Ordinance is guilty of a separate offense for
each day or portion of a day during or on which the violation
is committed, continued or permitted, and each offense is
punishable by a fine not to exceed Two Thousand Dollars
($2,000.00).
SECTION 18. Severability.
If any section, article, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereto any
person or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not
affect the validity of the remaining portions of this
Ordinance; and the City Council hereby declares it would have
passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force
and effect.
SECTION 19. Repeal of Conflictinq Ordinances.
This Ordinance shall be cumulative of all other
ordinances of the City of Southlake, Texas and shall not repeal
any of the provisions of the said ordinances except in those
instances where provisions of those ordinances are in direct
conflict with the provisions of this ordinance. All ordinances
or parts of ordinances inconsistent or in conflict with the
provisions of this Ordinance are hereby expressly repealed to
the extent o£ the inconsistency or conflict.
-6-
OtglL/6
SECTION 20. Effective Date.
This Ordinance shall become effective and be in full
force and effect from and after its passage and publication as
required by law.
PASSED AND APPROVED ON THE FIRST READING BY T~H~E
COUNCIL OF T~E CITY OF SOUTHLAKE, TEXAS, ON THIS THE
/PASSED ~ APPROVED ON SECOND I~EADING BY THE C~ITY COUNC~FL
OF THE CITY OF SOUTHLAKE. TEXAS, ON THIS THE ~ DAY
ATTEST: ~.~'.,,
-:: -.. ..
APPROVED AS TO FORM:
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Fort Worth Star-Tel' IF__
400 W.SEVENTH STREET•FORT WORTH TEX + e``-_______,
DATE I DES
JAN 22 6073309 januar
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared Carolyn Spencer Secretary for the Fort Worth
Star—Telegram, published by the Capital Cities Communications, 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:
****** February 5 , 1988
* AN OR*
t li NO.
T AS,
TYOF •�y,
am & pm :ESN!GNA0 HE`DIREC-
* F0R R OF H TARRANT
* UNTAS ITSLHEALTH AU-'
* RRT-
EOFERENCEOPTITEXAS
BOARD OF HEALTH
* RULES ON FOOD SERVICE
*****� SANITATION' AND
RULES ON REf IAL STORE
I� A SANITATION"• PROVIDING
/ DEFINITION kEQUIRINGA
U PERMIT FOR OPERATION
Signed
OF A FOOD SERVICE OPER- c-,.,
_'-
ATION AND APPROVING
. OTHER MATTERS RELAT-
Subscribed and sworn to before me, this the 5 EDTOSUCHPERMITS•RE-
�.« , QUIRING A FEE Folk IS- try 1988
SUANCE OF PERMIT•
REQUIRING REVIEW OF
Notary Public .4 PLANS OF FOOD SERVICE
ESTABLISHMENTS RE-
• QUIRING FOOD SERVICE ttexas.
MANAGER CERTIFICA-
Debra Morris PROIN
DIFNGDSANITATION;
OR VIOLA
TION AND PENALTY OF
FINE OF SUM NOT TO EX-
my commission CEEDTWOTHOUSANDDOL-
FENSE Af.)D SEPARATE 1
OFFENSE SHALL BE
DEEMED COMMITTED
EACH DAY DURING OR ON
WHICH A VIOLATION OC-'.
CURSOR CONTINUES•PRO-
VIDING
FNFOLIICTING ORDI
=Milli-- U CU•mltTed,coni NANCES•AND PROVIDING
and each of AN EFFECTIVE DATE. COUNT NUMBER
by a fine r SectIon 17.Violations:Penalty. C I T 5 7
O N RECPT 1 Thousand[ (a) A person. corporation,
Partnership or other ratioa-
:lion;hereunder by commission or
--'omission of any provision of
IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTOMER SERVICE DEPAR (this ordinance that Imposes TO ASSIST
_ • u Y •• a Y• _ u LA . u Ti •.•. :•; 'u}yyponsuchpersonorentityadu-
f(b)or responsibility.
iprohlbItIn9or AS 76199.
A—TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOU,reouiringcertalnconductonin-
ssdividuals,It Is the Intent of this
;Ordinance to hold a corpora-
,n▪tIonf partnership or other asso-
**fr• tacsI criminally
ADVERT! Sotormsioper-
formed by an agent acting on J T
a behalf of the corporation,part
('nershlp or other association
Port , h and within the scope hisem-
REMIT TO: P.O. p ployment.
(c)It shall be unlawfulul any for any
01 natural person, corporation,R E C P T
ACCOUNT C I T 5 7 tf partnership or other associa•
PI lion to violate any of the provl-
NUMBER isy slonsofthlsOrdlnance,and any
(t such natural person,corpora-
1 ration partnership or other asso-
rvi-
PAGE OF Or sion of his Ordinance es Is gui
ti lty
oof a separate offense for each
CIz day or portion of a day duringor
'arrn-
bymiffehich d contiine uedorpern mittttedd,
th€and each offense Is punishable
othbyy a fine not to exceed Two
scCThousand Dollars($2,000.00).
(c)Thi s ordinance shal l becomeef-
nppaflve and be In full force and l
fiorssar and pub c la tonits
t as re-
siorgu rd by law.
surpassed and approved this the
CITY OF SOUTHLAKE ORIGINAL tlOnlnddayofFebruary,1988.
slot Johnny H.Westerholm
667 N CARROLL PLEASE PA a, Attest:Mayor
�3 . 20
d
SOUTHLAKE TX 76092 0 THISAMOur°nY /s/SandrraltL.LeGrad
mitt Approved as to form:
ATTN : SANDRA LE GRAND ands s )ohnF.Boy)e,Jr.
bY Thou City AttornnY
PLEASE WRITE IN AMOUNT EP.,,.,.
Fort Worth itar=Telegram
400 W.SEVENTH STREET•FORT WORTH TEXAS 76102 FED. I.D.NO.22-2573893
DATE DESCRIPTION I AD SIZE I AL
IN CH/LINE RATE AMOUNT
FEB 05 6080273 Feb . 5 AM & PM CL . 008 1X95 L 95 2 . 47 234 . 25
ORDINANCE NO.409 01 AFFIDAVITS 8 . 00
AN ORDINANCE OF THE Cl-
TYOFSOUTHLAKE TEXAS,
DESIGNATING THE DIREC-
TOR OF THE TARRANT 242 . 25
COUNTY
AS ITSLTH HEALTHAAU-,
THORITY; ADOPTING BYI
REFERENCE TEXAS(
BOARD OF HEALTH
"RULES ON FOOD SERVICE
SANITATION' AND
RULES ON RE1'IALSTORE
SANITATION"• PROVIDING
PERMIT IFFOR OPERATION
OF A FOOD SERVICE OPER-
ATION AND APPROVING
OTHER MATTERS RELAT-
ED TO SUCH PERMITS•RE-
QUIRING ASSUANCE OFE E PERMIFR T•
REQUIRING REVIEW OF`,
PLANS OF FOOD SERVICE,
ESTABLISHMENTS• RE-
QUIRING FOOD SERVICE
************* ********
MANAGER CERTIFICA-
TION IN FOOD SANITATION; 1
PROVIDING FOR VIOLA-
TION AND PENALTY OF *
FINE OF SUM NOT TO EX- ALL INVOICES I>WITH
CEED TWOTHOUSAND DOL-
LARS ($2000.00) PER OF-.Y STATEMENT .
FENSE AND A SEPARATE .
OFFENSE COMM HAL TTBE1O1 WITH DIFFEOENCES . *
EACH DAY DURING OR ON *
WHICH A VIOLATION OC-
CURSORCONTINUES•PRO- ************* ****x***
VIDING FOR THE REPEAL
OF CONFLICTING ORDI-
NANCES AND PROVIDING
Se EFFECTIVE DATE. / hh r
(a) A person.
Pen C i tt �_; .
(a) A corporation, 1.
partnership or other associa• —,�- "
lion commits an offense, ( 1( 1 C; )f" I�r � C+
hereunder by commission or , ;=� ,A L-t f•
omission of any provision of
this ordinance that imposes 1`
upon such person or entity a du- _
ty or responsibility. tY '
(b)In addition toprohibitingor �T /` i
requiring certain conductonIn- `tkii`„ SYa
dividuais,It Is the Intent of this (1`rl
Ordinance to hold a corpora-
tion n criminally
pyr other responso-ible
Otto Of Ci CCI
corpora-
tion, n criminally responsible Otto
formed by an agentfo acts orlons acting on
behalf of the corporation,part- '\
nership or other association
and within the scope of his em-
pioyment.
(c)it shall be unlawful for any
natural person, corporation,
partnership or other associa-
CURRENT lion to violate any of the provl-
slons of thi s Ordinance,and any CURRENT STATEMENT PERIOD 1 ACCOUNT NUMBER
such natural person,corpora-
lion partnership or other asso-
O N RECPT cl 2/05 - 2/05 C I T 5 7
atlon which violates a provi-
sion of this Ordinance is guilty
of a separate offense for each
IF YOU HAVE GUES1 dayorportionofadayoduringor. , -
mittehdl�ohontlnuedoribermltted, CCOUNT,PLEASE CONTACT OUR CUSTOMER SERVICE DEPARTMENT AT(817)390-7761.TO ASSIST
US IN AN ACCURAT and each offense Is punishable,F YOUR PAYMENTS,PLEASE MAIL ALL PAYMENTS TO P.O.BOX 99074 FORT WORTH,TEXAS 76199.
by a u fl and not to exceed Two ERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
Thousand Dollars(52,0 .
"' This ordinance shall becomeemeef-
fective and be in full force and
effect from and after Its pas-
sa and pubilcaiton as re-
quiredsedanda. ADVERTISING STATEMENT
•Passed
da of and approved 7 I
Fort
o� Johnny r L.Le ran ��
Attest REMIT TO: , P.O. BOX 99074 • FORT WORTH, TEXAS 76199
/s/Sandra L.LcGrand
City Secretary
/ApprovedJ F.Boyle„f Jr. ACCOUNT C I T 5 7 PAYMENT ON RE C P T
CRY Attorney NUMBER DUE DATE 1
PAGE 10F
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL 242 . 25
SOUTHLAKE TX 76092 0 1PLEASEPAY
HISAMOUNT
ATTN : SANDRA L . LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED