HomeMy WebLinkAboutOrdinance No. 07-1701
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 07- /"1 () I
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING OF THE CODE OF ORDINANCES, BY AMENDING
CHAPTER 10, HEALTH AND SANITATION, ARTICLE III, FOOD AND
FOOD ESTABLISHMENTS, SECTION 10-53 BY ADDING A PROVISION
FOR IMMINENT HEALTH HAZARDS; BY AMENDING SECTION 10-57
BY ADDING SUBSECTION (d) TO PROVIDE FOR THE INSPECTION
OF FOOD ESTABLISHMENTS PRIOR TO ITS BEGINNING
OPERATION TO DETERMINE COMPLIANCE WITH APPROVED
PLANS AND SPECIFICATIONS; BY ADDING SECTION 10-61.1,
SUBSECTIONS (a) AND (b), PROVIDING FOR EXAMINATION AND
CONDEMNATION OF FOOD; BY AMENDING SECTION 10-62 BY
PROVIDING FOR ESTABLISHMENTS SCORING BELOW SEVENTY
PERCENT (70%) TAKING CORRECTIVE ACTION WITHIN FORTY-
EIGHT (48) HOURS, AND ADDING SUBSECTION (4) PROVIDING FOR
HE DENIAL OF ACCESS TO THE HEALTH AUTHORITY; BY
AMENDING SECTION 10-64 BY AMENDING SUBSECTION (1) BY
DIVIDING INTO TWO (2) SUBSECTIONS WITH SUBSECTION (1) TO
PROVIDE FOR FOOD ESTABLISHMENTS RECEIVING A GRADE OF
"B" OR "C" AND BY ADDING SUBSECTION (2) TO PROVIDE FOR
REINSPECTION FOR A SCORE OF 89 OR LESS, PROVIDING FOR A
REINSPECTION FEE, AND PROVIDING FOR A ROUTINE
INSPECTION; BY AMENDING SECTION 10-68(b) PROVIDING FOR
RENEWAL OF CITY CERTIFICATES BIANNUALLY; BY ADDING
SECTION 10-79 TO PROVIDE FOR PESTS AND PESTICIDES; BY
ADDING SECTION 10-80 TO PROVIDE FOR THE RETENTION OF
CERTAIN RECORDS; BY ADDING SECTION 10-81, SUBSECTIONS (a)
AND (b) TO PROVIDE FOR CONSUMER ADVISORY; BY ADDING
SECTION 10-82 TO PROVIDE PROCEDURES WHEN INFECTION IS
SUSPECTED; BY ADDING SECTION 10-83 TO PROVIDE
REQUIREMENTS FOR HANDWASHING LAVATORY AND WATER
TEMPERATURE; BY RESERVING SECTIONS 10-84 THROUGH 10-89
FOR FUTURE USE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE
OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000)
FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 10 of the Code of Ordinances provides for health and sanitation
within the City of The Colony; and
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WHEREAS, after review of the provisions contained in Chapter 10, Article III, Food and
Food Establishments, the staff feels that such provisions should be amended and updated; and
WHEREAS, upon consideration, the City Council finds that it would be in the best interest
of the City to amend Chapter 10, Article III, in various sections as provided herein.
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 amending Chapter 10, Article III, "Food and Food Establishments," by amending
Section 10-53, Section 10-57 by adding Subsection (d), adding Section 10-61.1, Subsections (a)
and (b), Section 10-62, Section 10-64, Section 1 0-68(b), by adding Section 10-80 to provide for
the retention of certain records, Section 10-81, Subsections (a) and (b), by adding Section 10-82
to provide procedures when infection is suspected, by adding Section 10-83 to provide
requirements for handwashing lavatory and water temperature and by reserving Sections 10-84
through 10-89, which shall read as follows:
"ARTICLE III. FOOD AND FOOD ESTABLISHMENTS
Sec. 10-53. Catashtrophe.
In the event of any imminent health hazard, the owner or operator of a food service
establishment must immediately notify the health authority. It will be required that the food
establishment ceases operations. It shall not resume operations until such time as a reinspection
determines that conditions responsible for the requirement to cease operations no longer exists.
Sec. 10-57. Permits - Review and approval of plans.
(d) Whenever plans and specifications are required to be submitted to the regulatory
authority, the regulatory authority shall inspect the food establishment prior to its beginning
operation to determine compliance with the approved plans and specifications and with the
requirement of these rules. The food establishment guidelines are a reference for examples of
approved materials for finishes in extensively remodeled or new food service facilities.
Sec. 10-61.1
Examination and condemnation of food.
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(a) Food may be examined or sampled by the regulatory authority as often as necessary for
the enforcement of these rules. The regulatory authority may, upon written notice to the owner or
person in charge specifying with particularity the reasons therefore, place a hold order on any
food which it believes is in violation. The regulatory authority shall tag, label, or otherwise
identify any food subject to the hold order. No food subject to the hold order shall be used,
served, or moved from the establishment. The regulatory authority shall permit storage of the
food under the conditions specified in the hold order, unless storage is not possible without risk
to the public health, in which case immediate destruction shall be ordered and accomplished.
(b) A hold order shall state that a request for hearing may be filed within ten (10) days after
issuance thereof and that if no hearing is requested the food shall be destroyed. On the basis of
evidence produced at the 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.
Sec. 10-62.
Inspections - Grading.
Establishments scoring below 70 percent will be closed until such time that a
reinspection is made and all corrective action on all identified critical violations is complete.
Corrective action on all other violations must be initiated within 48 hours. The establishment
shall remain closed until reopened by the health authority.
(4) Denial of access to the health authority shall be cause for suspension or revocation
of the food service permit.
Sec. 10-64. Inspections-Frequency/priority.
(f) (1) Any food establishment that has received a grade of 89 or less (B or C) shall
receive a reinspection within 10 working days of the initial inspection, or as otherwise arranged
with the facility operator, to assure that the violations have been corrected. The letter grade shall
remain posted at the food establishment, indicating to the public that the particular food
establishment's most recent routine inspection requires corrective measures.
(2) Additionally, a food establishment receiving a score of 89 or less may, within 15
working days of the initial inspection, upon payment of a reinspection fee, request the Health
Department to conduct a random reinspection of a facility. A reinspection conducted under this
subsection, which results in a different score, shall have the reinspection grade posted in lieu of
the original inspection grade. The score and/or letter grade achieved as a result of the
reinspection under this subsection shall remain posted until the next routine health inspection. A
reinspection under this subsection will only be permitted once during the calendar year.
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Sec. 10-68. Same--Certification. Registered Food Service Manager (RFSM)
(b) All RFSMs shall renew their city certificates biannually in accordance with this section.
Sec. 10-79. Pests and pesticides.
Only individuals licensed by the Texas Structural Pest Control Board may apply pest control
products in a food establishment.
Sec. 10-80. Retention of certain records required.
The following records shall be retained on premises by food establishments and available
for inspection and copying by the health authority:
(a) Grease trap pumping trip tickets shall be retained for a period of three years;
(b) When time used as a public health control measure or the establishment has been required
to establish a Risk Control Plan, the documentation must be retained for a period of one
year;
Sec. 10-81. Consumer advisory required.
(a) Except when otherwise specifically approved by the health authority, an animal food
such as beef, eggs, fish, lamb, milk, pork, poultry, or shellfish that is raw, undercooked, or not
otherwise processed to eliminate pathogens is offered in a ready-to eat form as a deli, menu,
vended, or other item; or as a raw ingredient in another ready-to-eat food, the holder of the food
establishment permit shall inform consumers by brochures, deli case or menu advisories, label
statements, table tents, placards, or other effective written means of significantly increased risk
associated with certain especially vulnerable consumers eating such foods in raw or undercooked
form.
(b) The consumer advisory concerning shellfish must conform to the Texas Food
Establishment Rules adopted by section 10-50.
(c) Professional insect and rodent control records shall be restrained for a period of one year.
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Sec. 10-82. Procedure when infection is suspected.
When the environmental health department has reasonable cause to suspect possible disease
transmission by an employee of a local food establishment, it may secure a morbidity history of
the suspected employee or make any other investigation as indicated and shall take appropriate
action. The environmental health department may require any or all of the following measures:
(a) The immediate exclusion of the employee from employment in local food establishments;
(b) The immediate closing of the local food establishment concerned until, in the opinion of
the environmental health department no further danger of disease outbreak exits;
(c) Restriction of the employee's services to some area of the establishment where there
would be no danger of transmitting disease;
(d) Adequate medical and laboratory examination of the employee and of other employees
and of his and their body discharges at owners' expense.
Sec. 10-83. Handwashing lavatory and water temperature.
A handwashing lavatory must be equipped to provide water at a temperature of at least 43
degrees Celsius (110 degrees Fahrenheit) under pressure through a mixing valve or a
combination faucet.
Sees. 10-84 - 10-89. 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 ofthis 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 Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
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SECTION 5. This Ordinance shall become effective from and after its date of passage in
accordance with law.
PASSED AND AP\,ROVED BY ~E CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 'IJh. day of :.-. ,J/1UtUir. 2007.
Atl
~Ai (A) ~Y--
Christie Wilson, City Secretary
Robert E. Hager, C"
(REH/cdb 1 /
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