HomeMy WebLinkAboutOrdinance No. 06-1639
ORIGINAL
THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. ~(P-/ "31
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING OF THE CODE OF ORDINANCES, CHAPTER 10,
HEALTH AND SANITATION, ARTICLE III, SECTONS 10-50
THROUGH 10-63, BY REPEALING IN ITS ENTIRETY; BY
ESTABLISHING A NEW ARTICLE III "FOOD AND FOOD SERVICE
ESTABLISHMENTS" PROVIDING FOR THE ADOPTION OF TEXAS
FOOD ESTABLISHMENT RULES, PROVIDING FOR DEFINITIONS,
PROVIDING FOR HEALTH AUTHORITY, PROVIDING FOR
PERMITS, PROVIDING FOR INSPECTIONS, PROVIDING FOR
CERTIFICATION, PROVIDING FOR NOTICES, PROVIDING FOR
FEES, AND PROVIDING FOR RESPONSIBILITIES OF OWNER,
MANAGER OR PERSON IN CHARGE; ESTABLISHING AN
EFFECTIVE DATE FOR THE NEW REQUIREMENTS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS:
SECTION 1. That the Code of Ordinances of the City of The Colony, Texas be hereby
amended by Chapter 10, Article III, Sections 10-50 through 10-69 and by establishing a new
Article III "Food and Food Service Establishments," which shall read as follows:
"ARTICLE III. FOOD AND FOOD ESTABLISHMENTS
Section 10-50 Texas Food Establishment Rules Adopted
(a) The intent and purpose of Article III is to provide for the inspecting of food
service establishments in the City of The Colony, Texas; to require the display of an inspection
score card in such food service establishments; to require employed Food Service Employees
to maintain a valid food handler card; and to provide for the issuing, suspending or revoking of
food establishment permits for the handling of food in such establishments. The enforcement
of this ordinance and the fixing of penalties shall be regulated in accordance with this chapter
and the terms ofthe unabridged form of the Texas Food Establishment Rilles.
(b) The provisions of the current rules or rules as amended by the Texas
Department of State Health Services known as the Texas Food Establishment Rules found in
25 Texas Administrative Code, Chapter 229, Sections 161 through 171 and 173 through 175
are herein adopted together with the additions, deletions, and amendments hereinafter
contained, as part of Article III, Food and Food Establishments, of the "Health and Sanitation"
Chapter of the Code of Ordinances for the City of The Colony, Texas.
1
63459
(c) In the event of a conflict between any provlSlon of the Texas Food
Establishment Rules and any provision of this ordinance, this ordinance shall prevail.
(d) The adopting by reference of the Texas Food Establishment Rules, as provided
in Section 1 0-50(b) above, is made subject to and is modified and amended as follows:
(1) The words "regulatory authority" in said Rules shall mean the City of The
Colony; and
(2) The sentence: "A sign shall be prominently displayed in view of each rest room
lavatory used by food service employees that states: 'Employees must
thorougWy wash hands before returning to work after using the rest room'" shall
be added to 229.163(C) as item (13).
(3) After February 6, 2006, the sentence in 229.163(b) shall be amended to "The
person in charge shall demonstrate this knowledge by compliance with these
rules, by being a Registered Food Service Manager who has shown proficiency
of required information through passing a test that is part of a Food Protection
Management Program accredited by the Texas Department of Health according
to 25 TAC Section 229.172, and by responding correctly to the inspector's
questions as they relate to the specific food operation."
(4) The permit holder of every Food Establishment shall ensure that at least one
person in charge at each location, who is responsible for supervising food
preparation and service, has a valid Food Protection Management Training
Certificate issued by the Texas Department of Health as proof of successful
completion of a Texas Department of Health accredited Food Protection
Management Training Program as defined in 25 T ACS 229.172.
(5) The permit holder shall make Food Protection Manager Certificates available
for immediate inspection upon request by the regulatory authority.
(6) The permit holder of a new Food Establishment, an existing Food Establishment
that has changed ownership, or a Food Establishment whose Registered Food
Service Manager has transferred or resigned shall have thirty (30) days to
comply with the requirements of this Section.
(7) The permit holder of an existing Food Establishment shall notify the Health
Inspector within forty-eight (48) hours of the termination or transfer of a
Registered Food Service Manager. The permit holder shall have thirty (30) days
from the effective date of the termination or transfer to comply with the
requirements of this Section.
(8) A permit holder is in compliance with the provisions of this section if there is
one Registered Food Service Manager employed in a supervisory capacity for
several Food Establishments located in the same building and under the same
ownership and management.
2
63459
Section 10-51 Definitions
The following words and terms, in conjunction with those listed in the Texas Food
Establishment Rules, when used in this Article shall have the following meanings unless the
context clearly indicates otherwise and shall apply in the interpretation and enforcement of this
ordinance:
Authorized agent or employee means the City of The Colony.
Enforcement Officer shall mean the Director of Development Services Health Division
and his or her duly authorized Health Inspector.
Food means any raw, cooked, or processed edible substance, ice, beverage or
ingredient used or intended for use or sale, in whole or in part, for human consumption.
Foodborne illness means an incident in which two or more persons experience a similar
illness, usually gastrointestinal in nature, after ingestion of a common food, and
epidemiological analysis implicates the food as the source of the illness.
Food Establishment Permit (aka Health Permit) shall mean the annual permit required
for a food service establishment to operate in accordance with city regulations.
Food Manager means an individual who conducts, manages, or operates a food
establishment.
Food Service Employee means an individual employed with a food service
establishment whose work involves unpackaged food, food equipment or utensils, or food-
contact surfaces.
Food Service Establishment shall mean an operation that stores, prepares, packages,
serves, or otherwise provides food for retail human consumption such as: a retail food store; a
temporary food service establishment; a mobile food unit and/or roadside food vendor; a
catering operation, if the operation provides food directly to a consumer; a food bank; or other
establishment that relinquishes possession of food to a consumer directly or indirectly through
a delivery service such as home delivery of grocery orders or restaurant takeout or delivery
servIce.
The term does not include an establishment that offers only prepackaged foods
that are not potentially hazardous; a produce stand that only offers whole, uncut
fresh fruits and vegetables; a food processing plant; or a kitchen in a private home
used to create income or revenue.
Grading means the letter grade issued by the Health Inspector at the conclusion of the
routine inspection and/or re-inspection of a food service establishment. The grade shall be
based upon the scoring method set forth in the Texas Food Establishment Rules and shall
reflect the food service establishment's degree of compliance with all applicable federal, state,
and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to
the public health.
3
63459
Law includes federal, state and local statutes, ordinances and regulations.
Letter Grade Card means a card that must be posted by the Health Inspector at a food
service establishment upon completion of a routine inspection and/or re-inspection that
indicates the letter grade of the establishment as determined by the Health Inspector using the
scoring method set forth in the Texas Food Establishment Rules. For the purposes of this
provision, a food service establishment shall include a food service establishment operating in
conjunction with a food processing establishment.
Mobile food service establishment means a vehicle mounted food service establishment
designed to be readily moveable.
Official Inspection Report means the written notice prepared and issued by the Health
Inspector after conducting a routine inspection and/or re-inspection of a food service
establishment to determine compliance with all applicable federal, state, and local statutes,
orders, ordinances, quarantines, rules, regulations, or directives relating to the public health.
Potentially hazardous food means food that is natural or synthetic and that requires
temperature control because it is in a form capable of supporting the rapid and progressive
growth of infectious or toxigenic microorganisms; the growth and toxin production of
Clostridium botulinum; or in raw shell eggs, the growth of Salmonella enteritidis.
Registered Food Service Manager (aka RFSM) means a supervisor of a food service
establishment that has obtained a CFM (certified food manager) certification through the Texas
Department of State Health Services and is registered with the City of The Colony.
Temporary Food Establishment means a food service establishment that operates for a
period of no more than 14 consecutive days in conjunction with a single event or celebration.
Section 10-52 Health Authority - Powers.
(a) The City Manager or designee is hereby authorized to issue permits to any
person or firm making application for a Food Establishment Permit, Mobile Food
Establishment, Temporary Food Establishment Permit or a Food Handler Card in the City of
The Colony; provided that only a person or firm that complies with the requirements of this
ordinance shall be entitled to receive and retain such.
(b) The City Manager or designee hereby has the power and authority to issue a
notice or citation to anyone in violation of any provision of this article, without warning.
(c) The City Manager or designee hereby has the power and authority to cause the
temporary closing of an establishment to protect the health of the community.
Section 10-53 Catastrophe
In the event of a fire, flood or other catastrophe, the owner or operator of a food service
establishment shall upon the cessation of such catastrophe, secure the premises, and move all
perishable food from the danger of spoilage. Failure to do so will constitute a public nuisance
and will be enforced according to the regulations associated to forthwith abate such nuisance.
4
63459
Section 10-54 Health Authority - Administrative Process
A notice as required in this article 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. A copy of the notice
shall be filed in the records ofthe city.
Section 10-55 Permits - Required
(a) No person or firm shall operate a Food Establishment, Temporary Food
Establishment, or Mobile Food Establishment in the City of The Colony without a valid permit
issued by the Administrator or his designee.
(b) In cases where a person or firm conducts, in a single building or at the same
address, more than one (1) operation, vocation or business, whether such operation, vocation or
business constitutes a Food Establishment or Temporary Food Establishment, then a separate
permit shall be required for each such operation, vocation or business.
Section 10-56 Permits - Application
(a) Application for such permit as required of this ordinance shall be made in
writing to the Health Inspector or his designee upon forms prescribed and furnished by the City
of The Colony Health Division. Incomplete applications will not be accepted.
(b) A Food Establishment Permit and Plan Review fees shall be due for each Food
Establishment that requires plans to be submitted according to this chapter. Prior to the
approval of new or renewal permits, the Health Inspector shall inspect the food service
establishment to determine compliance with state and local laws.
(c) A Food Establishment permit application fee shall be due for each Food
Establishment that requires a new Food Establishment permit due to change of ownership,
change in type of operation, or revocation, and a new application shall be made for a permit as
required of this ordinance. Whenever a new Food Establishment Permit is required, the
regulatory authority shall inspect the Food Establishment prior to beginning operation to
determine compliance with requirements of this ordinance.
(d) Failure to provide all required information, or falsifying information required on
the application, may result in denial or revocation of the permit.
Section 10-57 Permits - Review and approval of plans
(a) Whenever a food service establishment is constructed or extensively remodeled
and whenever an existing structure is converted to use as a food service establishment,
engineered, prepared plans and specifications for such construction, remodeling or conversion
shall be submitted to the plans examiner for review prior to beginning construction. Extensive
remodeling means that twenty percent (20%) or greater of area of the food service
establishment is to be remodeled. The plans and specifications shall indicate the proposed
layout, equipment arrangement, mechanical and construction of materials, and the type and
5
63459
model of proposed fixed equipment and facilities in accordance with this article. The
construction, remodeling or conversion shall conform to the approved plans and specifications.
(b) Failure to follow the approved plans and specifications will result in a permit
denial, suspension, or revocation.
(c) The provisions of this article regarding food service establishment construction
or remodeling are in addition to other applicable building and licensing ordinances.
Section 10-58 Permits - Duration
(a) Any Food Establishment Permit or Mobile Food Permit granted under the
provision of Section 10-55 of this ordinance shall remain in full force and effect twelve (12)
months from the date of issuance as long as the annual food service establishment permit fee is
paid unless denied, or suspended or revoked for cause. A Food Establishment Permit that
lapses for non-payment of the annual food service establishment permit fee, will be reinstated
upon payment of the permit fee and a reinstatement fee equal to the amount of the permit fee,
except that permits lapsed for more than three (3) months may not be reinstated and must
obtain new permits. It will be the responsibility ofthe food service establishment owner and/or
manager to ensure a valid permit exists at all times.
(b) An exception to 10-55(A) above is that a Temporary Food Establishment Permit
shall remain in full force and effect for a period of time not more than fourteen (14)
consecutive days in conjunction with a single event or celebration from date of issuance unless
sooner suspended or revoked for cause.
Section 10-59 Permits - Limited Operation of Mobile Food Establishment
Only food items previously approved by the regulatory authority may be sold on a
Mobile Food Unit. Non-food items such as toys, fireworks, or any hazardous substances such
as stink bombs are prohibited.
Section 10-60 Permits - Non-Transferable
Every permit issued under the provisions of this ordinance shall be nontransferable and
any fee associated therewith nonrefundable. A Food Establishment or Temporary Food
Establishment Permit shall permit the operation of the establishment only at the location, for
the type of food service, and the permit holder for which granted.
Section 10-61 Permits - Suspension, Denial or Revocation
(a) The Administrator or his designee may, without prior notice or hearing,
suspend, deny or revoke any permit granted under this Article of this ordinance to operate a
Food Establishment, Mobile Food Establishment, or Temporary Food Establishment if the
permit holder or person in charge does not comply with the requirements of this ordinance, or
if the operation of the Food Establishment otherwise constitutes a substantial hazard to public
health. The City may suspend, deny and revoke a permit upon service of the notice. When a
permit is suspended or revoked, a cease and desist order shall be issued and food service
operations shall immediately cease.
6
63459
(b) An establishment may appeal such orders issued under this section to the City
Manager or designee. The City Manager or designee shall hold a hearing as soon as practical
to determine whether such cease and desist order shall continue into effect. The regulatory
authority may end the suspension or revocation at any time if reasons for such no longer exist.
(c) Whenever a Food Establishment, Mobile Food Establishment, or Temporary
Food Establishment is required under the provisions ofthis section to cease operations, it shall
not resume operations until such time as a re-inspection determines that conditions responsible
for the requirement to cease operations no longer exist or an appeal before the City Manager or
designee is held. Opportunity for re-inspection shall be offered no later than two (2) business
days. During the time a Food Establishment, Mobile Food Establishment, or Temporary Food
Establishment is required to cease operations, a sign shall be posted on the outside of the
establishment, clearly visible to a reasonably observant person, which shall state "Closed By
The Colony Health Department."
Section 10-62 Inspections - Grading
(a) All food establishments shall be inspected and graded uniformly using an
official inspection form, as provided by the Texas Department of State Health Services. The
grade of each food establishment shall be determined by the Health Inspector using the scoring
method provided on the inspection form. The grade of each food establishment shall be
evidenced by the posting of a Grade Card bearing the letter, "A", "B" or "C." Establishments
scoring below seventy percent (70%) will be closed until such time that a re-inspection is made
raising the score.
(1) The letter "A" shall indicate a score of ninety percent (90%) or higher, and
indicates that the food service establishment passed the inspection by meeting or
exceeding those minimum health standards as set forth by the Texas Department
of State Health Services known in the Texas Food Establishment Rules as
herein adopted together with the additions, deletions, and amendments
hereinafter contained, as part of Article III, Food and Food Establishments, of
the "Health and Sanitation" Chapter of the Code of Ordinances for the City of
The Colony and interpreted by the Health Inspector. Grade "A" Cards shall be
of a color designated only for Grade "A" Cards.
(2) The letter "B" shall indicate a score of less than ninety percent (90%), but not
less than eighty percent (80%), and indicates that the food establishment has
passed the inspection and meets the minimum health standards. Grade "B"
Cards shall be of a color designated only for Grade "B" Cards.
(3) The letter "C" shall indicate a score of less than eighty percent (80%), but not
less than seventy percent (70%), and indicates that the food establishment meets
the minimum health standards and conditions but is at risk of potentially being a
threat to public health and safety. Grade "C" Cards shall be of a color
designated only for Grade "C" Cards.
7
63459
Section 10-63 Inspections - Posting of Grade Cards
(a) The Grade Card shall be provided by the Health Department and shall be eight
and one half inches by eleven inches (8.5" x II") in size. The grade letter shall not be more
than five inches (5") in height.
(b) The Grade Card shall be posted in a conspicuous place, so as to be clearly
visible to the general public and to patrons entering the establishment. "Clearly visible to the
general public and to patrons" shall mean:
(1) Posted in the front window of the establishment within five feet of the front
door;
(2) Posted in a display case mounted on the outside front wall of the establishment
within five feet of the front door; or
(3) Posted in a location as directed and determined at the discretion of the health
inspector to ensure proper notice to the general public and to patrons.
(4) In the event that a food service establishment is operated in the same building or
space as a separately licensed or permitted business, or in the event that a food
service establishment shares a common patron entrance with such a separately
licensed or permitted business, or in the event of both, the health inspector shall
post the letter grade card in the initial patron contact area, or in a location as
determined in the discretion of the health inspector.
(c) The Grade Card shall not be altered, defaced, marred, camouflaged, hidden or
removed. It shall be unlawful to operate a food service establishment unless the letter grade
card is in place as set forth herein. Removal or alteration of the letter grade card is a violation
of this article and may result in the suspension or revocation of the food establishment permit.
In the event the Grade Card is stolen, it is the responsibility of the owner and/or manager to
notify the Health Department for a replacement card.
(d) In the event the food service establishment is closed by the health inspector, the
Grade Card shall be removed from view and replaced with a sign, provided by the inspector,
advising the public of the closure. The sign must remain visible until such time the health
inspector allows the reopening to occur.
Section 10-64 Inspections - Frequency I Priority
(a) The Health Department shall inspect each food establishment at least twice
annually and shall be prioritized based upon assessment of a Food Establishment's compliance
and potential of causing foodborne illness according to Section 229.171(h) of the Texas Food
Establishment Rules.
(b) The Administrator or his designee shall classify Food Establishments as high
priority, medium priority, or low priority, according to the type of operations, particular foods
that are prepared, numbers of people served, susceptibility of the population served, and any
other risk factor deemed relevant to the operation.
8
63459
(c) Additional inspections of the Food Establishment shall be performed as often as
necessary for the enforcement of this ordinance.
(d) Whenever necessary to make an inspection to enforce any of the provisions of
this Article, or whenever the Administrator or his designee has reasonable cause to believe that
there exists in any building or upon any premises any condition or violation of this Article, the
Administrator or his designee may enter such building or premises at all reasonable times to
inspect the same or to perform any duty imposed upon the Administrator or his designee by
this Article. If such building or premises is occupied, he shall first present proper credentials
and request entry. If such building or premises is unoccupied, he shall first make a reasonable
effort to locate the owner or other persons having charge or control of the building or premises
and request entry. If such entry is refused or if no owner or other person having charge or
control of the building or premises can be located, the Administrator or his designee shall have
recourse to every remedy provided by law to secure entry.
(e) A signed copy of the Official Inspection Form shall be delivered to the owner,
operator, or person in charge of the food establishment or food facility who shall sign in receipt
thereof.
(f) Any food establishment or facility that has received a "B" or "C" grade shall
receive a re-inspection within five (5) working days of the initial inspection, or as otherwise
arranged with the facility operator, to assure that the violations have been corrected. The
Grade "B" or "C" shall remain posted at the food establishment, indicating to the public that
the particular food establishment's most recent routine inspection requires corrective measures.
(g) If, after a re-inspection of the food establishment or facility, the score is not
ninety percent (90%) or higher, any or all of the following legal actions may ensue:
(1) Administrative hearing offered for the suspension or revocation of the license;
(2) Issuance of a citation;
(3) Initiation of civil, criminal or other legal proceedings.
Sec. 10-65. Registered Food Service Manager (RFSM) - Required
The purpose of this section is to require the certification of supervisory personnel of
food service establishments; so that supervisory personnel shall have knowledge of safe
techniques for storage, preparation, display and service of foods, with the underlying purpose
of preventing foodbome illness and protecting the public health and so that supervisory
personnel shall have knowledge to train employees under their supervision regarding such
purpose.
(a) Except as provided in Section 10-65, it shall be unlawful for any person owning,
operating or managing any food service establishment within the city to fail to employ and fail
to keep on each shift in employment at least one registered food service manager (RSFM), who
is in a supervisory position at said establishment and who has a valid and current certificate
9
63459
under this ordinance which satisfies the requirements of this section. A RFSM must be an on-
site employee of the permitted establishment.
(b) The Establishment shall require additional RFSMs to be present on the premises
during operations (minimum one per shift) to ensure that all food preparation and service are
performed under the direction of certified supervisory personnel. It shall be unlawful for any
person owning, operating, or managing a food service establishment to cause, permit, suffer or
allow such establishment to be operated with less than the required number of operators.
( c) Whenever the RFSM holding the certificate terminates employment, is
terminated, or transfers to another food service establishment, the person owning, operating or
managing the food service establishment shall be allowed sixty (60) days from the date of
termination or transfer of the certificate holder to comply with this section.
Sec. 10-66. Registered Food Service Manager (RFSM) - Exempted
(a)
article:
The following food establishments are exempt from the requirements of this
(1)
Establishments that handle only prepackaged food and do not prepare or
package food;
(2)
Child-care facilities, licensed under and as defined by Section 42.002 of the
Human Resources Code;
(3)
Establishments that do not prepare or handle exposed potentially hazardous
foods; or
(4)
Nonprofit organizations as defined in 25 TAC Section 229.371(9) (relating to
Permitting Retail Food Establishments).
(b) The regulatory authority may waive or modify the requirements of this article
for temporary food service establishments, special facilities and/or events upon demonstration
that the public health and safety are protected.
Sec. 10-67. Registered Food Service Manager (RFSM) - Proof of Knowledge
(a) All certified RFSMs who register in the city must provide the regulatory
authority with documentation verifying their knowledge of safe food handling procedures and
foodbome illness prevention. Satisfactory documentation may consist of one of the following:
(1) A certificate from an accredited testing agency which certifies that the
applicant has achieved a passing score on an examination, which has been
designed to measure the understanding and application of safe food
handling techniques and practices.
(2) A certificate from a training program which has been approved by the
Texas Department of State Health Services under the provisions of state
law.
10
63459
(3) The regulatory authority may require certified supervisory personnel to
successfully complete additional training as specified by the regulatory
authority, when:
a. The employing food service establishment has repeated or
persistent violations of critical health code requirements and
effective corrective action has not been taken over a reasonable
period of time, as determined by the regulatory authority; or
b. The employing food service establishment is suspected by the
regulatory authority as the source of foodbome illness.
c. All costs associated with required additional training shall be the
responsibility ofthe food service establishment.
Sec. 10-68. Registered Food Service Manager (RFSM) - Certification
(a) When the RFSM meets the requirements of this section, the regulatory authority
shall issue an RFSM certificate. This certificate shall expire at the end of one (1) year from
date of issue or the expiration of the state issued CFM, whichever is sooner.
(b)
section.
All RFSM shall renew their city certificate every year in accordance with this
(c) Each RFSM shall display his certificate in a prominent location in the
establishment or carry it on his person when on duty, as directed by the regulatory authority.
(d) An RFSM certificate is not transferable from one person to another person.
(e) All RFSM who are employed by food service establishments within the city will
register with the inspections department of the city, effective January 1990.
(f) The holder of an RFSM certificate will be allowed 90 days from the effective
date of this ordinance to comply with registration with the city inspections department.
(g) The term of the RFSM registration will be one year, and shall be renewable on
the anniversary of registration with the city inspections department.
Sec. 10-69. Registered Food Service Manager (RFSM) - Penalty
Any person (or responsible officer of that person) who violates a provision of this
article or any person who is the holder of a food service operator's certificate who does not
comply with the requirements of this article, shall be deemed guilty of an offense and upon
conviction of the municipal court of the city, shall be subject to a fine not to exceed $500.00
for each offense, and each and every day such violation continues shall constitute a separate
offense.
11
63459
Sec. 10-70. Registered Food Service Manager (RFSM) - Injunctive Relief
In addition to and cumulative of all other penalties, the city shall have the right to seek
injunctive relief for any and all violations of this section.
Sec. 10-71 Food Handler Card - Required
(a) Every food service employee shall within thirty (30) days of the date of
employment, be the holder of a current valid food handler card, issued by the City of The
Colony Health Department.
(b) No person who owns, manages or otherwise controls any food service
establishment shall permit any food service employee to be employed therein who does not
after thirty (30) days of employment possess a current valid food handler card issued by the
City of The Colony Health Department.
Sec. 10-72 Food Handler Card - Food Handling School Required
In order to receive a Food Handler Card, every person owning, employed by, or
otherwise connected with a Food Establishment whose work brings him into contact with food,
utensils or food service equipment shall be required to attend a Food Handling School held by
the City of The Colony Health Department before a Food Handler Card will be issued. This
requirement must be met upon expiration of the card and upon application for a new card.
Sec. 10-73 Food Handler Card - Exempted
An food handler card is not required of persons who are not employed by the food
service establishments, such as school events, church events, etc.
Sec. 10-74 Food Handler Card - Posting of Food Handler, Food Establishment, and
Temporary Food Establishment Permits
Every permit holder or person in charge shall at all times have available on the
premises for inspection the Food Handler Card of its employees, and shall at all times display
in public view the Food Establishment Permit, Mobile Food Establishment Permit, or
Temporary Food Establishment Permit.
Sec. 10-75 Suspension or Revocation of Food Handler's Card
The Administrator or his designee shall have the right to suspend or revoke a valid
Food Handler Card at any time the holder of such card becomes affected with any disease in a
communicable form, becomes a carrier of any such disease or is suspected of being affected
12
63459
with or being a carrier of any such disease as stated in Texas Food Establishment Rules,
Section 229.171(0)(2). Such suspension or revocation shall remain in effect until such person is
released from restrictions or exclusions according to the Texas Health and Safety Code,
Chapter 438.033, and the conditions stated in the Texas Food Establishment Rules, Section
229.171(0)(4).
Sec. 10-76 Service of Notices
A notice provided for in this ordinance is properly served when it is delivered to the
food handler or person in charge, or when it is sent by registered or certified mail, return
receipt requested, to the last known address of the food handler of the card. A copy of the
notice shall be filed in the records of the Administrator or his designee.
Sec. 1 0-77 Fees
The various requirements for permits, licenses, food handler cards certificates, and such
administrative function of this Article shall require the payment of fees, submitted to The
Colony Health Department, in an amount approved by resolution of The Colony City Council.
Fees are not to be transferable or refundable.
Sec. 10-78 Responsibilities of the Owner, Manager, or Person-in-Charge
The permit holder, owner, manager, or person-in-charge of a food service establishment
shall operate the facility in compliance with the provisions of this Article and other applicable
sections of the Code of the City of The Colony and the Texas Food Establishment Rules shall
respond within the specified schedule of time when any deficiency or violation has been
identified by the Administrator or his designee.
Sec. 10-79 -10-80. Reserved."
SECTION 2. 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 3: That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and
all other provisions of the Ordinances of the City not in conflict with the provisions of this
ordinance shall remain in full force and effect.
SECTION 4. Any person, firm, or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal
court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of
Five Hundred Dollars ($500.00) for each offense. Every day a violation occurs shall constitute
a separate offense.
13
63459
SECTION 5. This Ordinance shall become effective from and after its date of passage
in accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS ~ day of FE BR.lA.4fl.'( 2006.
"" ~ I
\~ ~ \,\
ATTEST:
~~
'c,,~, OC
'~',r"
(.J~ "r.
'~,~J,"<~
, ~<f
./ [1
.,/ ;,/
"" ":c#)-'
'r',' I:...,;:)" : ,,'
'<0-" I ~!, ,-0 , -
--:a~.)-
Robert E. Hager, Ci Attorney
(REH/cdb 0113 06)
14
63459