HomeMy WebLinkAboutORD 1988-002 ORDINANCE NO. 88-02
AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS
AMENDING CHAPTER 12 OF THE GRAPEVINE CITY
CODE RELATING TO HEALTH AND SANITATION BY
AMENDING SECTIONS 12-1, 12-2 AND 12-3
PROVIDING FOR THE SALE OF SOUND, PROPERLY
LABELED FOOD; ESTABLISHING SANITATION
^'�°° STANDARDS FOR FOOD PROTECTION AND SERVICE;
ADOPTING BY REFERENCE TEXAS BOARD OF HEALTH,
"RULES ON FOOD SERVICE SANITATION" AND "RULES
ON RETAIL STORE SANITATION" ; REQUIRING
PERMITS FOR THE OPERATION OF FOOD
ESTABLISHMENTS; DESIGNATING THE TARRANT
COUNTY HEALTH DEPARTMENT DIRECTOR AS THE
HEALTH AUTHORITY; REQUIRING FOOD SERVICE
MANAGER CERTIFICATION IN FOOD SANITATION;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2, 000. 00) FOR EACH OFFENSE
AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH AN
OFFENSE OCCURS OR CONTINUES; DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS:
Section 1 . That Chapter 12, Section 12-1 , Section 12-2 and
Section 12-3 relative to Food Service Sanitation Manual of the
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City are hereby amended in their entirety to read as follows:
"Section 12-1 . Designation of Health Authority
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The City of Grapevine, Texas designates the Tarrant
County Health Department Director as its health
authority for the purpose of insuring minimum standards
of environmental health and sanitation within the scope
of that department' s function.
Section 12-2 . State Regulations Adopted; Compliance
with rules and manuals
(a) There is hereby adopted by reference the Texas
Department of Health, Division of Food and Drugs
"Rules on Food Service Sanitation
301 . 73 . 11 . 001-. 011" , the "Rules on Retail Food
Store Sanitation 229 . 231-. 239" , "The Texas Food,
Drug and Cosmetic Act" (Article 4476-5 Vernon' s
Civil Statutes) , and "Texas Sanitation and Health
Protection Law" (V.C.S. Article 4477-1) .
(b) A certified copy of each such rule manual shall be
kept on file in the office of the City Secretary.
(c) All food establishments shall be operated in
strict compliance with the laws and rules outlined
in (a) above.
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Section 12-3 . Definitions
All definitions in the "Rules on Food Service
Sanitation" and "Rules on Retail Food Store Sanitation"
are hereby adopted and incorporated into this ordinance
as though they were set out in their entirety herein.
In addition, the following definitions shall have the
meanings hereinafter ascribed to them:
(a) Regulatory authority shall mean representatives of
the Tarrant County Health Department.
(b) Health Department shall mean representatives of
the Tarrant County Health Department.
(c) Service of notice shall mean a notice provided for
in this ordinance is properly served when it is
delivered to the holder of the permit or the
� person in charge of the food establishment, 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 with the regulatory
authority.
(d) Ownership of business shall mean the owner or
operator of the business . Each new business owner
or operator shall comply with the current code of
the city.
(e) Certificate shall mean a food manager' s
certificate issued by the health department.
(f) Permit shall mean a health permit issued by the
health department.
(g) Food establishment shall mean all places where
food or drink are manufactured, packaged,
produced, processed, transported, stored, sold,
commercially prepared, or otherwise handled,
whether offered for sale, given in exchange or
given away for use as food or furnished for human
consumption. The term does not apply to private
' homes where food is prepared or served for guest
and individual family consumption. The location
��,� of commercially packaged single portion
nonpotentially hazardous snack items and wrapped
candy sold over the counter is excluded. This
term shall include temporary food establishments
(h) Child care facility shall mean a facility keeping
more than twelve (12) unrelated children that
provides care, training, education, custody or
supervision for children under fifteen (15) years
of age, who are not related by blood, marriage, or
adoption to the owner or operator of the facility,
for all or part of the day, whether or not the
facility is operated for profit or charges for the
services it offers . Non-profit facilities will be
required to make application for a permit and meet
current requirements, but are exempt from payment
of the permit fee.
Section 12-3 . 1 . Food Permits
(a) Requirement. It shall be unlawful for any person
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to operate a food establishment in the city,
unless that person possesses a current and valid
health permit issued by the health department.
(b) Posting. A valid permit shall be posted in public
view in a conspicuous place at the food establish-
ment for which it is issued.
(c) Non-transference; change of ownership. Permits
issued under the provisions of this ordinance are
not transferable. Upon change of ownership of a
business, the new business owner will be required
to meet current standards as defined in city
ordinances and state law before a permit will be
issued.
(d) Multiple permits. A separate permit shall be
required for every type food establishment,
temporary food establishment, and child care
facility whether situated in the same building or
at a separate location. Lounge operations located
in the same building on the same floor operating
under the same liquor license will not require a
separate permit.
"� Section 12-3 . 2. Notice, hearing, suspension or
revocation
(a) Suspension of permit. The health department may
suspend any permit to operate a food establishment
if the operation of the establishment does not
comply with the requirements of this ordinance,
state laws and rules, or the operation of the food
establishment otherwise constitutes an imminent
health hazard. Before a permit is suspended, the
holder of the permit shall be afforded an
opportunity for a hearing within ten (10) days of
receipt of a written request for a hearing.
Suspension is effective after a ten (10) day notice
period is given by the health department in the
event a hearing is not requested. When a permit is
suspended, food service operations shall
immediately cease.
(b) Notification of right to hearing. Whenever a
notice of suspension is given, the holder of the
permit or certificate or the person in charge shall
be notified in writing that an opportunity for a
hearing will be provided. If no written request
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for hearing is filed within ten (10) days of
receipt of the notice of suspension, the permit or
certificate will be suspended. The health
department may end the suspension at any time if
reasons for suspension no longer exist.
(c) Revocation of permit. The health department may,
after providing notice and an opportunity for a
hearing, revoke a permit or certificate for serious
or repeated violations of this ordinance or for
interference with the health department in the
performance of its duties . Prior to revocation,
the health department shall notify the holder of
the permit or certificate or the person in charge
of the food establishment, in writing, of the
reason for which the permit or certificate is
subject to revocation and that the permit or
certificate shall be revoked at the end of the ten
(10) days following service of such notice. Unless
a written request for a hearing is filed with the
health department by the holder of the permit or
certificate or the person in charge of the food
establishment within such ten (10) day period, the
revocation of the permit or certificate becomes
final.
(d) Hearings . The hearings provided for in this
ordinance shall be conducted by the regulatory
'� authority at a time and place designated by it.
Based upon the recorded evidence of such hearings,
the regulatory authority shall make a finding, and
shall sustain, modify or rescind any notice or
order considered in the hearing. A written report
of the hearing decision shall be furnished to the
holder of the permit or certificate or person in
charge of the food establishment by the regulatory
authority.
(e) Right of appeal. Any permit or certificate holder
who wishes to dispute the decision of a hearing
may appeal the decision to the director of the
Tarrant County Health Department.
(f) Application after revocation. Whenever a
revocation of a permit or certificate has become
final, the holder of the revoked permit or
certificate may make written application for a new
permit or certificate to the health department.
(g) Permit fees. A health permit fee, as established
�, by the Tarrant County Commissioners ' Court, is
required annually for each food establishment.
Fees are due and payable on or before October 31 ,
and are to be paid to the Tarrant County Health
Department at 1800 University Drive, Fort Worth,
Texas .
Section 12-3 . 3 . Review of Plans
(a) Submission of Plans . Whenever a food
establishment is constructed or extensively
remodeled and whenever an existing structure is
converted to use as a food establishment, properly
prepared plans and specifications for such
construction, remodeling, or conversion shall be
submitted to the health department for review and
approval before construction, remodeling, or
conversion is begun. The plans and specifications
shall indicate the proposed layout, arrangement,
mechanical plans, and construction materials of
work areas, and the type and model of proposed
�� fixed equipment and facilities . The health
department shall approve the plans and
specifications if they meet the requirements of
these rules. No food establishment shall be
constructed, extensively remodeled, or converted
except in accordance with plans and specifications
approved by the health department. Al1 food
establishments must, in addition to complying with
this section, must also comply with all applicable
building code ordinances, rules and regulations of
the City.
(b) Pre-operational Inspection. The health department
shall inspect any food establishment prior to its
beginning operation to determine compliance with
approved plans and specifications and with the
requirements of these rules .
Section 12-3 . 4 . Food Manager Certification
(a) Requirement. All food establishments, except
establishments dealinq only in fresh produce
and/or prepackaged nonpotentially hazardous food,
shall have a person employed in a managerial
�, capacity possessing a current food manager' s
certificate issued by the health department. A
certified manager or person in charge must be on
duty during all hours of operation of any
"'�"' nonexempt food service establishment employinq six
(6) or more employees.
(b) Application; suspension; revocation. Upon written
application and presentation of evidence of
satisfactory completion of a food manager' s course,
equivalent training, or examination as approved by
the director of public health, the health depart-
ment shall issue a food manager' s certificate
valid for three (3) years from the date of
training or evaluation unless sooner revoked.
Suspension or revocation of an establishment' s
health permit by the health department shall
constitute cause for revocation of that manager' s
certification. All food managers must comply with
the terms an provisions of this ordinance.
(c) Departure of food service operation. Whenever the
person holding the certificate terminates
�� employment, is terminated, or is transferred to
another food establishment, the person owning,
operating, or managing the food establishment
shall be allowed sixty (60) days from the date of
termination or transfer of the certificate holder
to comply with this section.
(d) Exemptions from certificate requirement.
Temporary food establishments and persons
participating as volunteer food handlers
performing charitable activities for periods of
four (4) days or less may be exempted from the
requirement for manager' s certificate. "
Section 2 . If any section, article, paragraph, sentence,
clause, phrase or word in this ordinance, or application thereto
any person 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 the ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
Section 3 . Any person violating any of the provisions of
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this ordinance shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined in a sum not to exceed Two
Thousand Dollars ($2, 000 . 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 4. The fact that the present ordinances and
regulations of the City of Grapevine, Texas, are inadequate to
property safeguard the health, safety, morals, peace, and general
welfare of the public creates an emergency which requires that
this ordinance become effective from and after the date of its
passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 5th day of January ► 1988•
APPROVED:
Mayor
ATTEST:
�r
�
t Secre ar
APPROVED AS TO FORM:
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City Attorney