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HomeMy WebLinkAboutOrdinance No. 56ORDINANCE NO. L12_ AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, REGULATING THE FOOD HANDLING AND FOOD SERVICE AND SUPPLY ESTABLISHMENTS; PROVIDING DEFINITIONS; PROVIDING A SEVERABILITY CLAUSE; PRO- VIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of the Colony, Texas has determined that the protection of the public health, safety and welfare requires the regulation of food handling and food service and supply establishments, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. DEFINITIONS: The following definitions shall apply in the interpretation and the enforcement of this Ordinance: Adulterated shall mean the condition of a food (a) if it bears or contains any poisonous or deleterious substance in a quantity which renders it injurious to health, (b) if it bears or contains any "added" poisonous or deleterious substance for which no safe tolerance has been established, (c) if it contains in whole or part of any filthy, putrid or decomposed substance or if it is other- wise unfit for human consumption, (d) if it has been processed, pre- pared, packed or held under unsanitary conditions whereby it may become contaminated with filth, or whereby it may have been rendered injurious to health, (e) if it is in whole or part of the product of a diseased animal or an animal which has died otherwise than by slaughter, (f) if its container is composed in whole or part of any poisonous or deleterious substance which may render the contents injurious to health. Approved shall mean acceptable to the health authority based on his determination as to conformance with appropriate standards and good public health practice. Closed shall mean fitted together snugly leaving no openings large enough to permit the entrance of vermin. Corrosion Resistant Material shall mean a material which contains its original surface characteristics under prolonged influence of the food, cleaning compounds and sanitizing solutions which may con- tact it. Easily Cleanable shall mean readily accessible and of such mater- ial and finish, and so fabricated that residue may be completely removed by normal cleaning methods. Employee shall mean any person working in a food service pro- cessing establishment who transports food or food containers, who engages in food preparation or service, or who comes in contact with any food utensils or equipment. Equipment shall mean all stoves, ranges, hoods, meatblocks, tables, counters, refrigerators, sinks, dishwashing machines, steamtables and similar items, other than utensils, used in the operation of a food service or food processing establishment. Food shall mean any raw, cooked or processed edible substance, beverage or ingredient used or intended for sale in whole or in part for human consumption. Food Contact Surfaces shall mean those surfaces of equipment and utensils with which food normally comes in contact and those surfaces with which food may come in contact and drain back onto surfaces normally in contact with food. Food Handler shall mean any person who works in a restaurant, hotel, lunch -counter, soda fountain, soft-drink stand, bar, drug store, gorcery store, meat market, or any other place where food and/or beverages are prepared, distributed, or served for human consumption; who handles such foods or beverages or participates in the preparation, distribution, or serving thereof; who engages in the handling or washing of dishes or utensils used in the prepar- ation, distribution, or serving thereof; or any person who peddles food or beverages for human consumption. The term, "food handler," does not include persons who work in private homes or boarding houses or in places where food or beverages are sold occasionally by social or charitable organizations or groups and not as a regular business. QrAI Produce Establishment shall mean any fixed or mobile stand or conveyance in which agricultural, vegetable and fruit products are stored, sold or offered for sale to the public. Food Processing Establishment shall mean a bakery, candy factory, cannery, packing house, meat market, ice cream plant, fish market, ice house, cold storage warehouse, produce house and any other com- mercial establishment in which food is processed or otherwise pre- pared and packaged for human consumption. Food Service Establishment shall mean any fixed or mobile restau- rant, coffee shop, cafeteria, short order cafe, luncheonette, grill, tea room, sandwich shop, soda fountain, confectionary, ice cream store, refreshment stand, fruit stand, country club, catering service, industrial feeding establishment, or grocery store; private or public where food or drink is prepared for sale or for service on the pre- mised or elsewhere; and any other eating or drinking establishment or operation where food or drink is served or provided for the public with or without charge. Health Authority shall mean the Director of Health of the City or his designated representative. Kitchenware shall mean all multi -use utensils other than tableware used in the storage, preparation, conveying or serving of food. Midbranded shall mean the presence of any written, printed or graphic matter upon or accompanying food or containers of food, which is false or misleading, or which violates any applicable Federal, State or local labeling requirements. Pasteurizing shall mean the process of heating every particle of milk or milk products to at least one hundred forty three degrees (143°) F., and holding it at such temperature continuously for at least thirty (30) minutes or to one hundred sixty one degrees (161°) F., and holding at such temperature continuously for at least fifteen (15) seconds in approved and properly operated equipment; provided, that nothing contained in this definition shall be construed as bar- ring any other process which has been demonstrated to be equally efficient and which is approved by the Health Authority. -3- Perishable Food shall mean any food of such type or in such conditions as may spoil. Potentially Hazardous Food shall mean any perishable food which consists in whole or in part of milk or milk products, eggs, meat, poultry, shell -fish or other ingredients capable of supporting rapid and progressive growth of toxicogenic micro-organisms. Safe Temperatures as applied to potentially hazardous food, shall mean temperatures of forty five degrees (45°) F., or below and one hundred forty degrees (140°) F. or above. Sanitize shall mean effective bactericidal treatment of clean surfaces of equipment and utensils by a process which has been ap- proved by the Health Authority as being effective in destroying micro-organisms, including pathogens. Sealed shall mean free of cracks or other openings which permit the entry or passage of moisture. Single Service Articles shall mean cups, containers, lids or closures, plates, knives, forks, spoons, stirrers, paddles, similar articles which are constructed wholly or in part from paper, paper- board, molded pulp, foil, wood, plastic, synthetic or other readily destructible materials and which are intended by the manufacturers and generally recognized by public as for one usage only, then to be discarded. Tableware shall mean all multi -use eating and drinking utensils including flatware (knives, forks and spoons). Temporary Food Service Establishment shall mean any food service establishment which operates at a fixed location for a temporary period of time not to exceed two (2) weeks, in connection with a fair, carnival, circus, public exhibition or similar transitory gathering. Utensil shall mean any tableware and kitchenware used in storage, preparation, conveying or serving of food. Wholesome shall mean in sound condition, clean, free from adulter- ation and otherwise suitable for use as human food. Nuisance an act, condition, thing or person causing trouble, an- noyance or inconvenience. -4- SECTION 2. FOOD: (A) Food Supplies: All food in food service and food pro- cessing establishments shall be from sources approved or considered satisfactory by the Health Authority and shall be clean, whole- some, free from spoilage, free from adulteration and misbranding and safe for human consumption. No hermetically sealed, nonacid and low acid food which has been processed in a place other than a commercial food processing establishment shall be used. All milk and milk products sold in the City shall be pasteurized. All meat and poultry sold in the City shall be from State approved or U.S. Department of Agriculture approved sources. (B) Food Protection: All food while being stored or prepared, displayed, served or sold at food processing establishments, shall be protected from contamination. All perishable food shall be stored at such temperatures as will protect against spoilage. All potent- ially hazardous foods shall be maintained at safe temperatures (45° F. or below or 140° F. or above) except during necessary periods of preparation and service. Raw fruits and vegetables shall be washed before use. Stuffing,poultry, stuffed meats and poultry and pork and pork products shall be thoroughly cooked before being served. Individual portions of food once served to the customer shall not be served again; provided, that wrapped food which has not been unwrapped and which is wholesome may be served again. Only such poisonous and toxic materials as are required to maintain sanitary conditions and for sanitizing purposes may be used or stored in food service or food processing establishments. Poisonous and toxic materials shall be identified, and shall be used only in such manner and under such conditions as will not contaminate food or constitute a hazard to employees or to customers. There shall be definite separation in storage of poisonous and toxic materials from food. SECTION 3. PERSONNEL: (A) Health Certificate: All persons working in food processing -5- or food service establishments shall have a valid health certi- ficate signed by a licensed M.D. or D.O., and after a chest x-ray. Health certificates issued by any other jurisdiction will be accepted as valid, but no health certificate will be honored at a date later than twelve (12) months from date of issuance. (B) Health and Disease Control: No persons while affected with any disease in a communicable form or while a carrier of such disease or while afflicated with boils, infected wounds, sores or an acute respiratory infection shall work in any area of food pro- cessing of food service establishment in any capacity in which there is likelihood of such person contaminating food or food contact surfaces with pathogenic organisms or transmitting disease to other individuals; and no person known or suspected of being affected with any such disease or condition shall be employed in such an area or capacity. If the manager or person employed by the establishment has reason to suspect that any employee has contacted any disease in a communicable form or has become a carrier of such disease, he shall notify the Health Authority immediately. (C) Cleanliness: All employees shall wear clean outer garments, maintain a high degree of personal cleanliness and conform to hygenic practices while on duty. They shall wash their hands thoroughly in an approved handwashing facility before starting work and as often as may be necessary to remove soil or contamination. No employee shall resume work after visiting the toilet room without first washing his or her hands. Employees shall not smoke in food prepar- ation areas. The manager or owner of any such food establishment shall designate an area that will serve as a coffee area and/or smoking area. Hair nets, headbands, caps or other effective hair restraints shall be used by employees engaged in the preparation and service of food to keep hair from food and food contact surfaces. SECTION 4. FOOD EQUIPMENT AND UTENSILS: (A) Sanitary Design, Construction and Installation of Equipment and Utensils: All equipment and utensils shall be so designed and of such material and workmanship as to be smooth, easily cleanable, durable and shall be in good repair; and the food contact surfaces of such equipment and utensils shall, in addition, be easily accessible for cleaning, nontoxic, corrosion resistant and relatively non- absorbent; provided, that when approved by the Health Authority, exceptions may be made to the above material requirements for equipment such as cutting boards, blocks and baker's tables. All equipment shall be so installed and maintained as to facilitate the cleaning thereof, and of all adjacent argas. Equipment in use at the time of the adoption of this Ordinance which does not meet fully the above requirements may be continued in use if it is in good repair, capable of being maintained in a sanitary condition and the food contact surfaces are nontoxic. Single service articles shall be made from nontoxic materials. (B) Cleanliness of Equipment and Utensils: All eating and drinking utensils shall be thoroughly cleaned and sanitized after each use. The following accepted sanitizing procedures shall be followed: 1. Thorough washing in a vat with a cleaning solution of warm water containing a detergent type cleaner until clean to sight and touch and then rinsed in a second vat containing a clear water solution and then immersed in a third vat containing clear water heated to a minimum of one hundred seventy degrees (170°) F., for at least three (3) minutes or one hundred eighty degrees (180°) F. for at least two (2) minutes; or 2. In absence of at least one hundred seventy degrees (170°) to one hundred eighty degrees (180°) water in the third vat, im- mersion for at least two (2) minutes in a lukewarm chlorine bath containing at least fifty (50) parts per million of available chlorine if hyperchlorites are used; or 3. Use of electrically operated dishwashing and glass washing machines, that accomplish cleaning; or 4. Any other method approved by the Health Authority. All kitchenware and food contact surfaces of equipment, ex - elusive of cooking surfaces of equipment, used in the preparation of food or drink and all food storage utensils, shall be thoroughly -7- cleaned at keast once a day. All utensils and food contact surfaces of equipment used in the preparation, service, display or storage of potentially hazardous food shall be thoroughly cleaned and sanitized prior to such use. Nonfood contact surfaces of equipment shall be cleaned at such intervals as to keep them in a clean and sanitary condition. After cleaning and until use, all food contact surfaces of equipment and utensils shall be so stored and handled as to be pro- tected from contamination. All single service articles shall be stored, handled and dispensed in a sanitary manner, and shall be used only once. SECTION 5. SANITARY FACILITIES AND CONTROLS: (A) Water Supply: The water supply shall be adequate, of a safe quality and from an approved source. Hot and cold running water under pressure shall be provided in all areas where food is prepared, or equipment, utensils or containers are washed. Water, if not piped into the establishment, shall be trans- ported and stored in an approved manner. Ice used for any purpose shall be made from water which comes from an approved source and shall be used only if it has been manu- factured, stored, transported and handled in a sanitary manner. (B) Sewage Disposal: All sewage shall be disposed of in a public sewage system or in the absence thereof, in a manner approved by the Health Authority. (C) Plumbing: Plumbing shall be so sized, installed and maintained as to carry adequate quantities of water to required locations throughout the establishment; as to prevent contamination of the water supply; as to properly convey sewage and liquid wastes from the establishment to the sewage disposal system; and so that it does not constitute a source of contamination of food, equipment or utensils, or create an unsanitary condition or nuisance. All plumbing shall comply with the City Plumbing Code. Easily cleanable receptacles shall be provided for waste material -8- and such receptacles in tolet rooms for women shall be covered. Lavatory or lavatories equipped with hot and cold or tempered water, hand cleansing soap or detergent; and approved sanitary towels or other approved hand drying devices shall be provided in the toilet rooms. Where the use of non -water carried sewage disposal facilities have been approved by the Health Authority, such facilities shall be separate from the establishment. In restaurants hereafter con- structed, there shall be an intervening room or vestibule between any toilet room and any room in which food or drink is prepared, served or stored in which utensils are handled or stored. The in- tervening room or vestibule shall be equipped with tight -fitting, self-closing doors, and shall be of such dimensions as to prevent both doors from being opened simultaneously by the same person. (E) Hand Washing Facilities: Each food service and food pro- cessing establishment shall be provided with adequate conveniently located hand washing facilities for its employees in the food prepa- ration area, including a lavatory or lavatories equipped with hot and cold or tempered running water, hand cleansing soap or detergent and approved hand drying devices. Hand washing reminder signs will be posted conspicuously in all employee restrooms admonishing all employees to wash hands with soap and warm water prior to returning to work. (F) Garbage and Rubbish Disposal: All garbage and rubbish con- taining food wastes shall, prior to disposal, be kept in leak- proof, nonabsorbent containers which shall be kept covered with tight- fitting lids when filled or stored or not in continuous use; pro- vided, that such containers need not be covered when stored in a special verim proof room or enclosure, or in a waste refrigerator. All other rubbish shall be stored in containers, rooms or areas in an approved manner. The rooms, enclosures, area and containers used shall be adequate for the storage of all food waste and rubbish ac- cumulating on the premises. Adequate cleaning facilities shall be provided, and each container, room or area shall be thoroughly cleaned after the emptying or removal of garbage and rubbish. Food waste grinders, if used, shall be installed in compliance with State or KOE City requirements and shall be of suitable construction. All garbage and rubbish shall be disposed of with sufficient frequency and in such a manner as to prevent a nuisance. SECTION 6. OTHER FACILITIES AND OPERATIONS: (A) Floors, Walls and Ceilings: The floor surfaces in kitchens, in all other rooms and areas in which food is stored or prepared and in which utensils are washed and in walk-in refrigerators, dressing or locker rooms and toilet rooms, shall be of smooth nonabsorbent materials, and so constructed as to be easily cleanable; provided, that the floors of nonrefrigerated,dry-food storage areas need not be nonabsorbent. All floors shall be clean and in good repair. Floor drains shall be provided in all rooms where normal operations release or discharge water or other liquid waste on the floor. All exterior areas where food is served shall be kept clean and properly drained and surfaces in such areas shall be finished so as to facil- itate maintenance and minimize dust. The walls and ceilings of all rooms shall be kept clean and in good repair. All walls of rooms or areas in which food is prepared or utensils or hands are washed, shall be easily cleanable, smooth and light colored, and shall have washable surfaces up to the highest level reached by splash or spray. (B) Lighting: All areas in which food is prepared or stored or utensils are washed, hand washing areas, dressing or locker rooms and garbage and rubbish storage areas shall be well lighted. During all clean-up activities, adequate lighting shall be provided in the area being cleaned and upon or around equipment being cleaned. (C) Ventilation: All rooms in which food is prepared or served or utensils are washed, dressing or locker rooms, toilet rooms and garbage and rubbish storage areas shall be well ventilated. Venti- lation hoods and devices shall be designed to prevent grease or condensate from dripping into food or unto food preparation surfaces. Filters, where used, shall be readily removable for cleaning or re- placement. Ventilation systems shall comply with applicable State -10- and local fire prevention requirements and shall, when vented to the outside air, discharge in such manner as not to create a nuisance. (D) Dressing Rooms and Lockers: Adequate facilities shall be provided for the orderly storage of employees' clothing and personal belongings. Where employees routinely change clothing within the establishment, one or more dressing rooms or designated areas shall be provided for his purpose. Such designated areas shall be located outside the food preparation, storage and serving areas, and the utensil washing and storage area; provided, that when approved by the Health Authority, such an area may be located in a storage area where only completely packaged food is stored. Designated areas shall be equipped with adequate lockers and lockers or other suit- able facilities shall be provided in dressing rooms. Dressing rooms and lockers shall be kept clean. (E) Housekeeping: All parts of the establishment and its premises shall be kept neat, clean and free of litter and rubbish. Cleaning operations shall be conducted in such a manner as to mini- mize contamination of food and food contact surfaces. None of the operations connected with a food service, food processing establish- ment shall be conducted in any room used as living or sleeping quarters. Soiled linens, coats and aprons shall be kept in suitable containers until removed for laundering. No live birds or animals shall be allowed in any area used for the conduct of food service or food processing establishment operations; provided, that guide dogs accompanying blind persons may be permitted in dining areas. SECTION 7. TEMPORARY SERVICE AND PROCESSING ESTABLISHMENTS: A temporary establishment shall comply with all provisions of this Ordinance which are applicable to its operation. Provided, that the Health Authority may augment such requirements, when needed to assure the service of safe food, may prohibit the sale of certain potentially hazardous food and may modify specific re- quirements for physical facilities when in his opinion no imminent health hazard will result. -11- SECTION 8. ENFORCEMENT PROVISIONS: (A) Permit: It shall be unlawful for any person to operate a food service or food processing establishment within the City, who does not possess a valid permit issued to him by the Health 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 transferable from one person 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. 1. Issuance of Permits: Any person desiring to operate a food service, produce establishment, or food processing establishment shall make written application for a permit provided by the Health Authority. Such application shall include the applicant's full name and post office address and whether such applicant is an in- dividual, 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 signa- ture of the applicant or applicants. If the application is for a temporary establishment, it shall also include the inclusive dates of the proposed operation. A permit fee will accompany each application. Permits will be valid until December 31 of each year. Permits are to be renewed on an annual basis by the filing of a permit renewal application and fee with the City Secretary. The permit fee and renewal fee schedule is as follows. 2. Fees: Temporary Food Service Establishment: Each day's operation $5.00 Total fee not to exceed for any one continuous operation $40.00 All Other Establishments Covered by This Ordinance: Applications made between January 1 and June 30 $40.00 Applications made between July 1 and December 31 $15.00 All renewal applications -12- $30.00 Applicants shall not, under any cirsumstances, be entitled to a refund of permit fees after an application has been filed. Upon receipt of such an application, the Health Authority shall make an inspection of the establishment to determine compliance with the provisions of this Ordinance. When inspection reveals the appli- cable requirements of this Ordinance have been met, a permit shall be issued to the applicant by the Health Authority. (B) Suspension of Permits: Upon suspension of the permit all operations are to cease until the Health Authority has determined that the violation no longer exists. Whenever the Health Authority finds unsanitary or other conditions in the operation of an establishment which in his judgment are in violation of this Ordinance or constitute a substantial hazard to the public health, he may 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 immed- iately suspended until compliance. Upon request of the owner or operator of an establishment cited, the Health Authority will make a second inspection and if corrections have been made the Health Authority may permit the establishment to resume operations, notwithstanding a case may be filed through the Municipal Court for the violation or violations having occurred. (C) Revocation of Permit: A permit may be permanently revoked for serious or repeated violation of any of the requirements of this Ordinance or for interference with the Health Authority in the performance of his duties. Prior to such action the Health 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 Director of Health in writing within five (5) days following receipt of notice. The permit will then be suspended, but not revoked, until such time as the Director of Health has reviewed the case and issued his decision. The applicant shall not be entitled to refund of permit fees. -13- SECTION 9. DIRECTOR OF PUBLIC HEALTH, AUTHORITY: (A) The Director of Public Health of the City and/or his appointed representative may at any reasonable hour, enter any building or premises for the purposes of making an inspection, or investigation which, under the provisions of this Ordinance, he may deem necessary to be made in order to assure the health, safety and well-being of the citizens of the City. (B) The Director of Public Health has the power and authority to issue a citation to anyone in violation of any provision of this Ordinance. (C) The Director of Public Health 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 Ordin- ance relating to his department, ordinances of the City and State laws which are applicable under the circumstances. SECTION 10. INSPECTION: Periodically the Health Authority shall inspect each food service establishment located in the City, for the purpose of determining compliance with this Ordinance. He shall be permitted to examine the records of the establishment to obtain pertinent information pertaining to food and supplies pur- chased, received or used, and persons employed. (A) The Health Authority shall make as many additional in- spections and reinspections as are necessary for the enforcement of this Ordinance. (B) Inspection Record: Whenever the Health Authority makes an inspection, he shall record his findings on an inspection report form 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: Whenever the Health Authority makes an inspection of an establishment and discovers that any of the -14- requirements of this Ordinance have been violated, he shall notify the permit holder or operator of such violations by means of an inspection report form or other written notice. In such notifi- cation, the Health Authority shall: 1. List the specific violations found. 2. If considered necessary, the Health Authority may establish a specific and reasonable period of time for the correction of violations listed on the inspection report form. 3. Temporary food service establishments shall correct vio- lations in a period of time not to exceed twenty four (24) hours. (D) Serving of Notices: Notices provided for under this Section shall 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 Authority. SECTION 11 EXAMINATION AND CONDEMNATION OF FOOD: Food may be examined or sampled by the Health Authority as often as may be necessary to determine freedom from adulteration or misbranding. The Health Authority may, upon written notice to the owner or person in charge, place a hold order on any food which he determines or has probable cause to believe to be unwholesome or otherwise adulterated, or misbranded. Under a hold order, food shall be per- mitted to be suitably stored. It shall be unlawful for any person to remove or alter a hold order notice or tag placed on food by the Health Authority, and neither such food nor the containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of or destroyed without the permission of the Health Authority. After completing its investigation, the Health Authority may vacate the hold order or may by written order direct the owner or person in charge of the food which was placed under the hold order to denature or destroy such food which was placed under the hold order to denature or destroy such food or to bring it into compliance with the -15- provisions of this Ordinance. SECTION 12. ESTABLISHMENTS OUTSIDE JURISDICTION OF HEALTH AUTHORITY: Food from establishments outside the jurisdiction of the Health Authority of the City may be sold within the City, if approved by the Health Authority through reports received from responsible authorities in other jurisdictions from which the food originates. SECTION 13. PLAN REVIEW OF FUTURE CONSTRUCTION: When a pro- duce, food service or food processing establishment is hereafter constructed or extensively remodeled, or when an existing structure is converted for use as produce, food service or food processing establishment, properly prepared plans and specifications for such construction, remodeling or alteration, showing layout, arrange- ments and construction materials of work areas, and the location, size and type of fixed equipment and facilities shall be permitted to the Health Authority for approval before a building permit is issued. SECTION 14. PROCEDURE WHEN INFECTION IS SUSPECTED: When the Health Authority has reasonable cause to suspect possibility of disease transmission from any establishment employee, the Health Authority shall require a morbidity history of the suspected em- ployee or make such other investigation as may be indicated, and take appropriate action. The Health Authority may require any or all of the following measures: (A) The immediate exclusion of the employee from all of the produce, food service and food processing establishments; (B) The immediate suspension of permit of the establishment concerned until in the opinion of the Health Authority no further danger of disease outbreak exists; (C) Restriction of the employee's services to some area of the establishment where there would not be danger of disease -16- transmission; and, (D) Adequate medical and laboratory examinations of the employee or other employees and of his and their body discharges. SECTION 15. CATASTROPHE: In the event of a fire, flood or other catastrophe, the owner or operator of a produce, food pro- cessing or food service establishment shall within twenty four (24) hours of the cessation of such catastrophe completely re- move all perishable food from the danger of spoilage. SECTION 16. SEVERABILITY: Should any section, paragraph, sentence, clause or phrase of this Ordinance be held to be in- valid or unconstitutional for any reason, such holding shall not effect the remaining portions of the Ordinance, which shall be severable therefrom. SECTION 17. PENALTY: Any person, firm or corporation vio- lating any of the provisions of this Ordinance or failing to comply with any of the requirements of this Ordinance or the directives of the Health Authority, shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of the Colony, Texas, shall be subject to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each of- fense, and each and every day such offense or noncompliance shall continue shall be deemed to constitute a separate offense. SECTION 18. EFFECTIVE DATE: 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. READ AND PASSED ON FIRST READING ON THE ' DAY OF 1979. ,T Mira READ AND PASSED ON SECOND READING ON THE DAY OF 1979. APPROVED: TRV DULY RECORDED: 'APPROVED AS T0�__LERAL17 OF THE FORM: i R CITY-' ATTORNEY