HomeMy WebLinkAboutOrdinances (O-87-665)-01/04/1987
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0-87-665j
ORDINANCE NO.
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AN ORDINANCE AMENDING SECTION 15 OF CHAPTER 7 OF THE
COLLEYVILLE CODE BY INCLUDING DEFINITIONS; PROVIDING FOR THE
SALE OF ONLY SOUND, PROPERLY LABELED FOOD; ESTABLISHING
SANITATION STANDARDS FOR FOOD PROTECTION AND SERVICE; ADOPTING
BY REFERENCE TEXAS BOARD OF HEALTH, "RULES ON FOOD SERVICE
SANITATION" AND "RULES ON RETAIL STORE SANITATION"; REQUIRING
PERMITS FOR THE OPERATION OF FOOD ESTABLISHMENTS; DESIGNATING
TARRANT COUNTY HEALTH DEPARTMENT DIRECTOR AS THE HEALTH
AUTHORITY; REQUIRING FOOD SERVICE MANAGER CERTIFICATION IN FOOD
SANITATION; PROVIDING REMEDIES AND PENALTIES FOR VIOLATIONS OF
THE ORDINANCE; AND AUTHORIZING PUBLICATION.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE,
TEXAS:
Sec. 1:
That section 15 of Chapter 7 of the co11eyvi11e Code
be amended to read as follows:
A.
Designation of Health Authority
The City of Co11eyvi11e 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.
State Regulations Adopted
B.
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" (Article 4476-5 Vernon's
civil Statutes), and "Texas Sanitation and
Health Protection Law" (V.C.S. Article 4477-1).
b.
A certified copy of each rule manual shall be
kept on file in the office of the City
Secretary.
C.
Definitions
All definitions in "Rules on Food Service Sanitation"
and "Rules on Retail Food Store Sanitation" are
hereby adopted. In addition the following
definitions shall be understood:
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d.
e.
a.
Regulatory authority - shall be understood to
mean representatives of the Tarrant County
Health Department.
b.
Health Department - shall be understood to mean
representatives of the Tarrant County Health
Department.
c.
service of notice - 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 of
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 manufactured, 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 non-potentially hazardous snack items
and wrapped candy sold over the counter is
excluded.
f.
Childcare 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.
Non-profit facilities will be required to make
application for a permit and meet current
requirement but are exempt from payment of the
permit fee.
D.
Food Permits
a.
Requirement - It shall be unlawful for any
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0-87-665
person to operate a food establishment in the
city, unless he possesses a current and valid
health permit issued by the health department.
b. Posting - A valid permit shall be posted in
public view in a conspicuous place at the food
establishment for which it is issued.
c. Non-transference (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. Multiple permits - A separate permit shall be
required for every type food establishment,
temporary food establishment, and childcare
facility whether situated in the same building
or at a separate location. Lounge operations
located in the same building on the same floor
operating under the same liquor license will not
require a separate permit.
e. 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, 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 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.
f. Notification of right to hearing - 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
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.
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0-87-665
h.
k.
g.
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 ad 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 day period, the revocation of the
permit becomes final.
Service of Notices - A notice provided for in
these rules is properly served when it is
delivered to the 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.
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, license, or certificate by the
regulatory authority.
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 Health Department.
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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.
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E. Permit fees
1.
Food establishments - A fee of $100.00 per
health permit is required annually. Fees are
due and payable on or before January 1 of each
year and are to be paid to the Tarrant County
Health Department.
Temporarv establishments - A fee of $25.00 per
health permit is required of any food
establishments operating less than 14 days.
Fees are due and payable as listed in Item 1.
2.
F. Review of Plans
G.
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 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
~lith plans and sppcifications approved by the
health department.
b.
Pre-operational 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.
Food Manager Certification
a.
Requirement - All food establishments, except
establishments dealing only in fresh produce
and/or prepackaged non-potentially hazardous
food, shall have a person employed in a
managerial capacity possessing a current food
manager's certificate issued by the health
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Sec. 2:
Sec. 3:
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.
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.
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.
Exemptions from certificate requirement -
Temporary food establishments and persons
participating as volunteer food handlers
performing charitable activities for a period of
four (4) days or less may be exempted from the
requirement for manager's certificate.
Any person, firm or corporation violating any of the
provisions of this ordinance shall be guilty of a
misdemeanor and upon conviction thereof shall be
fined in a sum not to exceed Two Thousand Dollars
($2000.00). Each and every day such violation
continues shall constitute a separate offense and
shall be punishable as such.
The City Secretary is hereby authorized and directed
to cause publication of the descriptive caption and
penalty clause hereof as an alternative method of
publication provided by law.
AND IT IS SO ORDERED.
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0-87-665
The fi~t reading ~Ub~ng being conducted on the
1~~ day of ~ , 1987
The s~ond readin~n~aring being conducted on the
rJ J ' day of ~ , 1987.
The ~i~ reading and~1ic hearing being conducted on the
i. day of ~ ' 198'.
A'fTEST:! ~
~~ ",/
City Secretary
APPROVED AS TO FORM AND LEGALITY:
I RoS~F:QvL
city Attorney
CITY OF COLLEYVILLE
~
/J. R. Hu oard
Mayor
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