HomeMy WebLinkAboutOrdinance No. 603 CITY OF THE COLONY, TEXAS
ORDINANCE
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING
THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER
10, ARTICLE III RELATING TO FOOD AND FOOD
ESTABLISHMENTS; ADOPTING BY REFERENCE THE TEXAS
DEPARTMENT OF HEALTH, DIVISION OF FOOD AND DRUGS "RULES
ON FOOD SERVICE SANITATION 229.161-229.171"; RULES ON
RETAIL FOOD STORE SANITATION 229.231-229.239; 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 LABELED
FOOD; REGULATING THE SOURCE OF FOOD; ESTABLISHING
SANITATION STANDARDS FOR FOOD, FOOD PROTECTION, FOOD
SERVICE OPERATIONS, FOOD SERVICE PERSONNEL, FOOD
STORAGE, FOOD PREPARATION, FOOD DISPLAY, FOOD
TRANSPORTATION, FOOD EQUIPMENT AND UTENSILS, SANITARY
FACILITIES AND CONTROLS, AND OTHER FACILITIES;
ESTABLISHING STANDARDS FOR CLEANING AND SANITIZATION OF
EQUIPMENT AND UTENSILS; REQUIRING PERMITS FOR THE
OPERATION OF FOOD SERVICE ESTABLISHMENTS; REGULATING
THE INSPECTION OF SUCH ESTABLISHMENTS; PROVIDING FOR
THE EXAMINATION AND CONDEMNATION OF FOOD; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY
RELATING TO FOOD AND FOOD ESTABLISHMENTS, EXCEPT TO THE
EXTENT OF CONFLICT HEREWITH; PROVIDING A PENALTY NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000.00) AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section t. That Chapter 10, Article III relating to Food
and Food Establishments is hereby amended in the following
particulars.
Section 2. The definitions; the inspection of food
service establishments; the issuance, suspension and revocation
of permits to operate food service establishments; the
prohibiting of the sale of unsound or mislabeled food or drink/
and the enforcement of this ordinance shall be regulated in
accordance with the Texas Department of Health, Division of Food
and Drugs "Rules on Food Service Sanitation 229.161-229.171:,
three certified copies of which shall be on file in the office of
the city secretary: Provided, that the words "City" in said
ordinance shall be understood to refer the City of The Colony,
Texas and the words "regulatory authority" shall be understood to
refer to the Inspections Department.
Section 3. The definitions; the inspection of retail
food store establishments; the issuance, suspension and
revocation of permits to operate retail food store
establishments; the prohibiting of the sale of unsound or
mislabeled food or drink/ and the enforcement of this ordinance
shall be regulated in accordance with the Texas Department of
Health, Division of Food and Drugs "Rules on Retail Food Store
Sanitation 229.231-229.239:, three certified copies of which
shall be on file in the office of the city secretary: Provided,
that the words "City" in said ordinance shall be understood to
refer the City of The Colony, Texas and the words "regulatory
authority" shall be understood to refer to the Inspections
Department.
Section 4. Violation of the Rules on Food Service
Sanitation and/or the Rules on Retail Food Store Sanitation are
subject to the penalties and remedies listed in Compliance
Procedures.
Section 4. COMPLIANCE PROCEDURES
A. PERMITS It shall be unlawful for any person to
operate a food service or food processing establishment or retail
food store within the City, who does not possess a valid permit
issued to him by the Regulatory Authority. Only a person who
complies with the requirements of this Ordinance shall be
entitled to receive and retain such a permit. Permits shall not
be transferrable to another person or place. A valid permit
shall be conspicuously posted in every establishment. Permits
for temporary establishments shall be issued for a period of time
not to exceed fourteen (14) days of continuous operation.
(1) Issuance of Permits Any person desiring to operate
any food Service establishment, produce establishment, food
processing establishment, or retail food store shall make written
application for a permit provided by the Regulatory Authority.
Such application shall include the applicant's full name and post
office address and whether such applicant is an individual, firm
or corporation and if a partnership, the names of the partners,
together with their addresses shall be included; the location and
type of the proposed establishment; and the signature of the
applicant or applicants. If the application is for a temporary
establishment, inclusive dates of the proposed operation should
be included.
A permit fee shall accompany each application. Permits will
be valid through December 31 of each permit year. Permits are to
be renewed on an annual basis by the filing of a permit renewal
application and fee with the Regulatory Authority. The permit
fee and renewal fee schedule is as follows:
(2) Fees
Temporary Food Service Establishment:
Each Day's Operation .................... $ 10.00
Total fee not to exceed for any one
continuous operation ............... $ 60.00
Ail Other Establishments covered by This Ordinance
Applications made between January 1
and June 30 ........................ $100.00
Applications made between July 1
and December 31 .................... $ 50.00
All renewal applications ................ $100.00
Applicants shall not, under any circumstances, be entitled
to a refund of permit fees after an application has been filed.
Upon receipt of such an application, the Regulatory Authority
shall make an inspection of the establishment to determine
compliance with the provisions of this ordinance. When
inspection reveals the applicable requirements of this ordinance
have been met, a permit shall be issued to the applicant by the
Regulatory Authority.
B. SUSPENSION OF PERMIT Upon suspension of the permit
all opera~ions are to cease until the Regulatory Authority has
determined that the violation no longer exists.
Whenever the Regulatory Authority finds unsanitary or other
conditions in the operation of an establishment which in the
judgement of the Regulatory Authority are in violation of this
ordinance or constitute a substantial hazard to the public
health, the Regulatory Authority shall without warning, notice,
or hearing, issue a written notice to the permit holder or
operator, citing such conditions, specifying the corrective
action to be taken; and, if deemed necessary, such order shall
state that the permit is immediately suspended until compliance.
Upon request of the owner or operator of an establishment
cited, the Regulatory Authority will make a second inspection and
if corrections have been made, the Regulatory Authority may
permit the establishment to resume operations, notwithstanding a
case may be filed by the Regulatory Authority through the
~Iunicipal Court for the violation or violations having occurred.
C. REVOCATION OF PERMIT A permit may be permanently
revoked ~r serious or repeated violation of any of the
requirements of this ordinance or for interference with the
Regulatory Authority in the performance of any duties or any
efforts to enforce this ordinance. Prior to such action the
Regulatory Authority shall notify the permit holder in writing,
stating the intent to revoke the permit with an explanation of
the grounds for revocation. Appeal of this notice may be made to
the Health Director in writing within ten (10) days following the
date of notice. The permit will then be suspended, but not
revoked, pending review and decision by the Health Authority.
· The applicant shall not be entitled to refund of permit
fees.
Section 5. HEALTH DIRECTOR; AUTHORITY
A. The Health Director has the power and authority to
issue a citation to anyone in violation of any provision of this
ordinance.
B. The Health Director shall have the power, upon a
warrant or other sufficient process, to arrest and take into
custody any person violating any of the provisions of this
ordinance relating to this ordinance and State laws which are
applicable under the circumstances.
Section 6. INSPECTIONS; NOTICES
A. INSPECTIONS Periodically the "Health Director" shall
inspect each food service establishment located in the City, for
the purpose of determining compliance with this article, the
"Health Director,, shall be permitted to examine the records of
the establishment to obtain pertinent information pertaining to
food and supplies purchased, received or used, and persons
employed. The "Health Director,, shall make as many additional
inspections and reinspections as are necessary for the
enforcement of this article.
B. .I_NSPECTION RECORD Whenever the "Health ' ,
Director
makes an inspection, such official shall record the findings on
an inspection report from provided for this purpose and shall
furnish a copy of such inspection report form to the permit
holder or operator or person in charge at the time of inspection.
C. ISSUANCE OF NOTICES. CORRECTION BY TEMPORARY
ESTABLISHMENTS '
Whenever the "Health Director,, makes an inspection of an
establishment and discovers that any of the requirements of this
article have been violated, such official shall notify the permit
holder or operator of such violations by means of inspection
report form or other written notice. In such notification, the
"Health DirectQr,, shall:
(1) List the specific violations found.
(2) If considered necessary, establish a specific and
reasonable period of time for the Correction of violations listed
on the inspection report form.
Temporary food service establishments shall correct
violations in a period of time not to exceed twenty-four (24)
hours.
'D. SERVING OF'NOTICES Notices provided for under this
section sha--~be deemed to have been properly served when a copy
of the inspection report form or other notice has been delivered
personally to the permit holder or person in charge, or such
notice has been sent by registered mail or certified mail, return
receipt requested, to the last known address of the permit
holder. A copy of such notice shall be filed with records of the
"Health Director."
Section 7. CATASTROPHE
In the event of a fire, flood or other catastrophe, the
Owner or operator of a produce, food processing, food service
establishment, or retail food store shall upon the cessation of
such catastrophe, secure the premises, and move all perishable
food from the danger of spoilage.
Section 8. If any section, article paragraph, sentence,
clause, phrase or word in this ordinance, or application thereto
any persons 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 9. That this ordinance shall be cumulative of all
other ordinances of the City food service establishments and/or
food stores, and shall not repeal any of the provisions of said
ordinances except in those instances where provisions of those
ordinances are in direct conflict with the provisions of this
ordinance.
Section 10. Any person violating any of the provisions of
this ordinance shall be deemed guilty of a misdemeanor and Upon
conviction thereof shall be subject to a fine in a sum not to
ex'ceed Two Thousand Dollars ($2000.00) for each offense and a
separate offense shall be deemed Committed upon each day during
or on which a violation occurs or continues.
Section 11. This ordinance shall take effect immediately
from and after its passage and the publication of the caption, as
the law and Charter in such cases provide, and it is accordingly
so ordained.
PASSED AND APPROVED b~he City Council of the City of
The Colony, Texas on this the ./~_day of-~ _, 1989.
ATTEST:
Patti A. Hicks, City Secretary
APPROVED AS TO FORM:
John Boyle, City Attorney