HomeMy WebLinkAboutOrdinances (O-83-483)-07/19/1983
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ORDINANCE NO. 0-83-483 J
AN ORDINANCE DEFINING FOOD, POTENTIALLY HAZARDOUS FOOD, FOOD
SERVICE ESTABLISHMENT, TEMPORARY FOOD SERVICE ESTABLISHMENT,
REGULATORY AUTHORITY, UTENSILS, EQUIPMENT, ETC.; PROVIDING FOR
THE SALE OF ONLY SOUND, PROPERLY LABELLED FOODS; REGULATING THE
SOURCES OF FOODS; ESTABLISHING SANITATION STANDARDS FOR FOOD,
FOOD PROTECTION, FOOD SERVICE PERSONNEL, FOOD SERVICE OPERATIONS,
FOOD EQUIPMENT AND UTENSILS, SANITARY FACILITIES AND CONTROLS,
AND OTHER FACILITIES; REQUIRING PERMITS FOR THE OPERATION OF FOOD!
SERVICE ESTABLISHMENT; REGULATING THE INSPECTION OF SUCH
ESTABLISHMENTS; PROVIDING FOR THE EXAMINATION AND CONDEMNATION OF
FOODS; PROVIDING FOR INCORPORATION BY REFERENCE OF THE TEXAS
I DEPARTMENT OF HEALTH, DIVISION OF FOOD AND DRUGS "RULES ON FOOD
1,1 SERVICE SANITATION 301.73.11.001-.011"; PROVIDING FOR THE
ENFORCEMENT OF THE ORDINANCE; ESTABLISHING A PENALTY AND
I, AUTHORIZ ING PUBLICATION.
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WHEREAS, the failure to maintain adequate standards for the
handling and preparation of food constitutes a
significant health hazard; and,
WHEREAS,
the City of Colleyville wishes to designate the Tarrant
County Health Department and their regulatory authority
for the purpose of insuring adequate standards in the
preparation and handling of food; and,
WHEREAS,
the City Council of the City of Colleyville is of the
opinion that the passage of this ordinance is in the
best interest of the citizens of Colleyville and the
public in general; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE,
TEXAS:
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Sec. 1.
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The definitions; the inspection of food service estab-
lishments; the issuance, suspension and revocation of
permits to operate food service establishments; the
prohibiting of the sale of unsound or mislabelled food
or drinks; and the enforcement of this ordinance shall
be regulated in accordance with the Texas Department of
Hea 1 th, Di vision of Food and Drugs, "Rules on Food Ser-
vice Sanitation 301.73.11.001-.011", three (3) certified
copies of which shall be on file in the office of the
city secretary, provided, however, that the words "muni-
cipality of " in said rules shall be under-
stood to refer to the City of Colleyville, Texas, and
the words "regulatory authority" shall be understood to
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Ordinance 0-83-48S
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refer to the Tarrant County Health Department.
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Se c. 2.
Violations of the rules on food service sanitation
subject to the penalties and remedies as stated in
compliant procedures, which is attached hereto as
Exhibit A and incorporated herein for all purposes.
are
the
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Any person, firm or corporation violating any of the
provisions of this ordinance shall be deemed guilty of
a misdemeanor and upon final conviction thereof fined
in an amount not to exceed Two Hundred Dollars
($200.00). Each and every day such violation continues
shall constitute a separate offense and is punishable
as such.
Sec. 3.
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Sec. 4.
The City Secretary is hereby authorized and directed
to cause publication of the descriptive caption and
penalty clause of this ordinance as an alternative
method of publication provided by law.
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AND IT IS SO ORDERED.
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hearing being conducted on the
1983.
ring being conducted on the
, 1983.
being conducted on the
, 1983.
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COLLEYVILLE
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LaVada Johnson
City Secretary
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Approved as to form and legality:
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Ross T. F[st~Y Attorney
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Ordinance 0-83-483
A TTACHMENT A
COMPLIANCE PROCEDURES
(a)
Permits. Licenses. or Certificates
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(1) General. No person shall operate a food service establishment
who does not hav~ a valid permit, license, or certificate issued
to him by the regulatory authority. Only a person who complies
with tbe requirements of these rules shall be elltitled to receive
or retain ~uch a permit, license, or certificate. Permits, licen-
ses, or certificates are not transferrable. A valid pet~tt. li-
cense, or certificate shall be posted in every food service estab"
lishment. .
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(2) Issuance of Permit. License. or Certificate.
(A) Any person desiring to operate a food service establishment
sh~ll make written application for a permit, license, Or
certificate, on forms provided by the regulatory authority.
Such application shall include the name and address of each
applicant, the location and type of the prapased food ser-
vice establishment, and the signature of. ea9h applicant.'
(B) Prior to approval of an application for a permit, license.
or.certificate the regulatary authority shall inspect the
proposed food service establishment to determine compliance
with the requirements of ~these rules.
(C.) The regulatory authority shall issue a permit, license, .or
certificate to the applicant if its inspectian reveals that
the proposed faod service establishment complies with the
requirements of these rules.
(3) Suspensian of Permit. License. or Certificate.
(A} The regulatory authority may, without warning. natice, or
hearing suspend any permit, license, or certificate to oper-
ate a food service establishment if the holder of the permit,
license, .or certificate does not comply with the requirements
.of these rules, or if the operation .of the establishment does
not comply with the requirements of the~erules, or if the
operation of the faod service establishment otherwise consti-
tutes a substant~al hazard to public health. Suspe~sion is
effective upon service of the notice required by Paragraph
(3){B) of Subsection (a) of this rule. When a permit, license,
. or certificate is suspended, food service operations shall
immediately cease. Whenever a permit, license, or certificate
is suspended, the holder of the permit, license, .or certifi-
cate shall be afforded an opportunity for a hearing within 20
days .of receipt ~f a request for a hearing. .
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Ordinance 0-83-48B
(B) Wheneve~ a permit, license, or certificate is suspended.
the holder of the permit, license, or certificate. or the
person in charge shall he notified in writing that the permit.
license, or certificate 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,
license. or certificate within ten days. If no written
request for hearing is filed within ten days, the suspension
is sustained. The regulatory authority may end the suspen-
sion at any time if reasons for suspension no longer existw
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(4) Revocation of Permit. License, or Certificate. The regulatory
authority may. after providing opportunity for a hearing, revoke
a permit, license, or certificate for serious or repeated viola-
tions of any of tbe requirements of tbese rules or for interferw
ence with the regulatory authority in the performance of its
duties. Prior to revocation, the regulatory authority shall
notify the holder of the permit, license, or certificate, or
the person in charge, in writing of the reason for which the permit,
license, or certificate is subject to revocation and that the
permit, license, or certificate 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 regulatory authority by
the holder of the permit, license,; or cer.tificate within such ten
day period. If no request for hearing is filed within the ten
day pe~iod, the revocation of the permit, license, or certificate
becomes final.
{5} Service of Notices. A notice provided for in these rule~ 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 re-
cords of the regula tory authority.'
(6) HearinRs. The hearings provided for in these rules shall be
conducted by the regulatory authority at a time and place desig-
nated by it. Based upon the recorded evidence of such hearing.
the regulatory autnority shall make a fin~l finding, and sha11
sustain, modify or rescind any notice or order considered in the
hearing. A written report of the hearing decision shall be fut-
nished to the holder of the permit, license, or certificate by
the regulatory authority.
(7) Application after Revocation. Whenever a revocation of a permit,
license, or certificate has become final, the holder of the re-
voked permit, license, or certificate may make written application
for a new permit, license, or certificate.
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Ordinance 0-83-481
(b) Ins~ections
(1) Inspection Fre~uency. An inspection of a food service ~stab-
1ishment shall be performed at least once every six months.
Additional inspections of the food service establishment shall
be performed as often as are necessary for the enforcement of
these rules.
(2) Access. Agents of the regulatory authority, after proper iden-
tification, shall be permitted to enter any food service estab-
lishment at any reasonable time, for the purpose of making inspec-
tions to determine compliance with these rules. The agents shall
be permitted to examine the records of the establishments to obtain
information pertaining to food and supplies purchased, reae1ved,
or used, or to persons employed.
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(3) Report of Inspections. Whenever an inspection of a food service
establishment or commissary is made, the findings shall be recorded
on the inspection report form set out in Paragraph (5) of Sub-
section (b) of this rule. The inspection report form shall
summarize the requirements of these rules and shal1 set forth a
weighted point value for each requirement. Inspectional remarks
shall be written to reference, by section number, the section
violated and shall state the correction. to be made. The rating
score of the establishment shall ~e the total of the weighted
point values for all violations, subtracted from 100. A ~opy
cf th~ inspection report form shall be furnished to the person in
charge of the establishment at the conclusion of tbe inspection.
The completed inspection report form is a public document that
sball be made available for public disclosure to any person who
requests it according to law.
(4) Cortection of Violations.
(A) 'rhe inspection report form shall speci.fy a reasonable period
of time for the correction of the violations found~ and cor..
rection of the violations shall be accomplished within the
period specified, in accordance with the fOllowing provisions:
(1) If an imminent health hazard exists, such as complete
lack of refrigeration or sewage backup into the estab-
lishment, the establishment shall immediately cease
food service operations. Operations shall not be
resumed until authorized by the regulatory authority.
(ii) All violations of 4- or 5-point weighted item$ shall be
corrected as soon as possible~ but in any event, within
10 days following inspection. Within 15 days after the
inspection, the holder of the permit, license, or certi-
ficate shall submit a written report to the regulatory
authority stating that the 4- or 5-point violations have
been corrected. A follow-up inspection shall be conducted
to confirm correction.
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Ordinance 0-83-48D
(lii) All 1- or 2-point weighted items shall be corrected 48
soon as possible. but in 4ny event, by the time of the
next routine inspection.
(iv) When rating score of the establishment is less than
60, the establishment shall initiate corrective action
on all identified violations within 48 hours. One or
more reinspections will be conducted at reasonable time
intervals to assure correction.
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(v) In the case of temporary food service establishments.
all violations shall be corrected within 24 hours. If
violations are not corrected within 24 hours, the estab.
lishment shall inmediately cease food service operations
until authorized to resume by the regulatory authority.
(B) The inspection report shall state that failure to comply with
any time limits for corrections may result in cessation of
fo04 service operations. An opportunity for appeal from the
inspection findings and time limitations will be provided if
a written request for a hearing is filed with the regulatory
authority within ten days following cessation of operations.
If a request for a hearing is received, a hearing shall be
held within 20 days of receipt of that request.
(C) Whenever a food service establishment is required under the
ptovisions of this rule to cease operations, itsball not
resume operations until ,such time as a reinspection determinea
that conditions responsible for the requirement to cease
operations no longer exists.. Opportunity for reinspection
shal1 be offered within a reasonable time.
(5) Inspection Report Form.
An inspection report form based on the require~ts of these
rules is appertded.
(e) Examination and Condemnation of Food
(1) General. Food may pe examined or sa~pled by the regulatory
authority as often as necessary for enforcement of these rules.
The regulatory authority may, upon written notice to the owner or
person in charge specifying with particularity the reasons therefor,
place a hold order on any food which it believes is in violation of
Subsection (a) of rule .003. or any other provision of these rules.
The regulatory authority shall tag, label, or otherwise identify
any food subject to the hold order. No food subject to a bold
order shall be used, served, or moved from the establishment.
The regulatory authority shall permit storage of the food under
conditions specified in the hold order, unless storage is not
possible without risk to the public health, in which case immediate
destruction sha11 be ordered and accomplished~ , The hold o~der
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Ordinance 0-83-48!
shall state that a request for hearing may be filed within ten
days and that if no hearing is requested the food shall be destroyed.
A hearing shall be held if so requested, and on the basis of
evidence produced at that hearing, the hold order may be vacated,
or the owner or person in charge of the food may be directed by
written order to denature or destroy such food or to bring it
into compliance with the provisions of these rules.
(d) Review of Plans
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(1) Submission of Plans. Whenever a food service establis~ent is
constructed or extensively remodeled and whenever an existing
structure is converted to use as a food service 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. 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 require-
ments of these rules. No food service establishment shall be con-
structed, extensively remodeled, or converted except in accordance
with plans and specifications approved by the regulatory authority.
(2) Pr~-operational Inspection. Whenever plans and specifications are
requiJOed by Paragraph (l)of Subsection (d) of this rule to be
submitted to the regulatory authority, the regulatory authority
shall inspect the food servfce establishment prior to its beginning
operation to determine compliance with the approved plans and spe-
cifications and with the requirements of these rules.
(e) Procedure When Infection is Suspected. When the regulatory authority
has reasonable cause to suspect the possibility of disease transmission
from any food service establishment employee, it may secure morbidity
history of the suspected employee or make any other investigation as may
be indicated and shall take appropriate action. The regulatory authori-
ty may require any or all of the following measures:
(1) The immediate exclusion of the employee from all fOod service
establishments;
(2) The immediate closing of the food service establishment concerned
until, in the opinion of the regulatory authotity, no further
danger of disease outbreak exists;
(3) Restriction of the employeels se~vices to some area of the estab.
lishment where there would be no danger of transmitting disease;
(4) Adequate medical and hboratory examination of the employee, ~f
other employees and of his and their body discharges.
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Ordinance 0-83-488
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(f) Remedies
(1) Penalties. Any person who violates a provision of these rules
and any person who is the permit holder of or otherwise operates
a food service establishment that does not comply with the require-
ments of these rules and any responsible officer of that permit
holder or those persons shall be fined not more than two hun4red
dollars.
(2) In1unctions. The regulatory authority may seek to enjoin viola-
tions of these rules.
(3) Repeal and Date of Effect. These rules shall be in full force
and effect months after their adoption and publication as pro-
vided by law; and, at that time, all ordinances and parts of
ordinances in conflict with these rules are hereby repealed.
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(4) Unconstitutionality Clause. Should any section, paragraph, 8~n-
tence, clause, or phrase of these rules be declared unconstitu-
tional'or invalid for any reason, the remainder of said rules
shall not be affected thereby.
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