Loading...
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. I /7 1 6 1 0 •pa4dope Agaaaq aap „uot;p;tugs aao;s Poona Ttp;ag uo sang„ pup „uot.p4tues aotnaas poo uo saing„ ut suot;tut;ep ITV (p) ' suot;tut;ea ' £ NOIIO3S 'expunnos ;o A;-O alp ;o Aae48108s A4TO eq; ;o aot;;o eq; ut aTt; uo ;dax aq TTpgs anoge (e)Z not;oas ut pe;sqT Tpnupw alna gape ;o Adoo Pat;T;aao K (q) ' ( ' S 'O ' I'A I-LLVt ' 4aY) „MW [ uoT4oa.oad q;TeaH pup uoT4e;tues sexay„ pup ' ( ' S 'D' I'A S-9LT717 ' ; 1y) „;3y ot4awso3 pup bn.'Q 'poo3 sexay aqy„ pup „ ' 6£Z '-I£Z ' 6ZZ not;p.tues aao4s poo Ttp4ag uo satng„ aq; pup „110 '-I00 ' II ' £L ' I0£ uot4p4tues aotAaas poo uo seTng„ sbnac pup poo ;o uotstATQ 'q;TeaH ;o ;ueui;aedea spxay eq; aouaaa;aa Aq pa;dope Agaaaq st aaagy (p) •pa;dopy suoT; Tnbag a;p;S ' Z NOIIO2S A 'uoT4oun; s , ;uaw;apdap ;eq; ;o adoos eq; utq;tM uoT4e4Tues pup g4Teaq Tp;uawuoatAue ;o spaepup;s wnwtutw butansut ;o esodand exp. ao; &;taoq;ne 114Tpeg s;t se ao;oaara ;uaw;apdea q;TpaH A;uno3 ;upaapy aq; sa4eubtsap sexay 'e q;nos ;o A;tz eqy •A4taomnV g4TpaH ;o not;pubtsaa ' I NOIIO2S : SKx3y '3xK'IHynos 30 AIIO 3HI 30 Z I ONfOO ALIO MI AS QaNIKQ2i0 II 3S '32IO332I3Hy 'MON '3IKQ 3AIIO3333 NK ONIQIA02Id QNY : S3ONVNI HO ONIIOI'I3NOD 30 'IK3d32I 3HI 2103 ONIQIAO2id f S31NIINOD 210 S2InDOo NOII`d'IOIA V H311-IM NO 110 prima AVG HOK3 Q3II I WWOO Q3w33Q 3S 'I'IKHs 3SN3330 3IVVd3s FI CINV 3SN333o 2I3d (0 0 ' 0 0 0 'Z$) S2I'd'I'IOQ QNKSIIOHI OMI Q33OX3 OI ION WnS 30 3NI3 30 MI'IYN3d (INV NOIIK'IOIA 2103 DNIQIAO2Id f NOIIVIINVS 0003 NI NO I IKO 13 I I2I2O 2I3DYNYW 3O I A2I3S 0003 ON I?I I no32I SIN3WHS I'IHVIS3 3OIA2I3S 0003 30 SNI Id 30 M3IA32I DNlIInZS32I f IIW 2d 30 3OmdnSSI 2I03 333 kI ONI2IIn232I f SIImaa HO11S OI Q3IV I32I S2IaIIKW 2I3HIO ONIA02Idd`d QNK NOIIK2i2do 3OIA2I3S aoo3 K 30 NOIIVU2d0 2103 IIW2I3d K DNI2IIno32I SNOIIINI33Q DNIQIAO2Id f „NOIIVIINVS 32IOIS 'IIYI32I NO S3'In2i„ QNY „NOIIKIINKS 3OIA2IES 0003 NO S3'In2I„ HI'IK3H 30 Q2IKOS SVX3I 3ON32i3332i 22 JNI IdOQK f AII2IOHIIIV HI'IY'3H SII SV IN3WI2i'dd3Q HI'IY2H AINnOO INVIIIIVI am 30 2IOIO32i I Q HIL ON I IYND I S3Q 'SVX3I '3?IFI'IHInOs 30 AI I D HIL 30 3ONKNI Q2IO NK 6 017 'ON HONKN I Q2iO `o✓ lord (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: -7- 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