HomeMy WebLinkAboutORD 1995-022 ORDINANCE NO. 95-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE
OF ORDINANCES, CHAPTER 12 HEALTH AND
SANITATION, ARTICLE 1 , BY THE ADDITION OF SECTION
12-3.4. (FOOD HANDLING CERTIFICATION) PROVIDING
FOR CERTIFICATION OF FOOD HANDLERS; PROVIDING
FOR THE TRAINING OF FOOD HANDLERS; PROVIDING
FOR FEES TO DEFER THE EXPENSE OF TRAINING;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS (52,000.00) FOR EACH OFFENSE;
DECLARING AN EMERGENCY; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Grapevine has designated the City of Euless
Environmental Health Office as its health authority for the purpose of ensuring
minimum health and sanitation standards; and
WHEREAS, the City of Euless Health Department has requested the City of
Grapevine to establish certification requirements for food handlers of restaurants and
'�° ' supermarkets; and �
WHEREAS, the City Council of the City of Grapevine has adopted regulations
for the operation of food establishments, and finds and determines that the education
and training of food handlers within the City is desirable and necessary for the health
safety and welfare of the residents of the City; and
WHEREAS, the City Council of the City of Grapevine desires to charge
reasonable fees to defer the expense of providing training to food service employees.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1 . That all matters stated in the preamble of this ordinance are true
and correct and are hereby incorporated into the body of this ordinance as if copied
in their entirety.
Section 2. That the Code of Ordinances of the City of Grapevine, Texas
Chapter 12, Article 1 , is hereby amended by the addition of Section 12-3.4. Food
Handling Certification, to read as follows:
�. ;
"Section 12-3.4. Certification of Food Handlers.
(a) Every person owning, employed by or otherwise connected with a
food service or food establishment whose work brings them into contact with
� the handling of food, utensils or food service equipment, shall, within thirty
(30) days of the date of such employment, possess a current valid food
handler's certificate issued by the City of Euless Environmental Health
Department. Owners, managers, or persons otherwise controlling any food
service or food establishment shall not employ or permit any person to remain
employed therein who does not meet this requirement.
(b) To receive a food handling certificate, a person must satisfactorily
complete an approved course of study in sanitary food handling and pay the
required fee.
(c) The Health Department of the City of Euless shall be responsible for
conducting an approved course of study in sanitary food handling as often as
necessary for carrying out the purposes of this section. State-approved food
protection management training as required by Chapter 438, Subchapter D,
Texas Health and Safety Code, as amended, may be substituted for the course
provided by the Environmental Health Department of the City of Euless.
"� ' (d) The fee for obtaining a food handling certificate and the fee for
replacement of a lost certificate shall be established from time to time by the
'� � City Council by ordinance.
(e) Temporary food service establishments operated in conjunction with
a special event shall be exempt from this requirement.
(f) Every certificate issued hereunder shall remain effective for a period
of two (2) years and may be renewed upon successful completion of additional
approved refresher courses and payment of renewal fees.
(g) Every food service or food establishment shall have available on the
premises at all times the food handling certificate of each employee for
inspection, and if requested, shall provide the City of Euless Environmental
Health Department with documentation of the date of employment of any
employee of said establishment.
(h) Certificates are the property of the person named thereon and must
be returned by employers to said person upon cessation of employment."
. Section 3. That Chapter 12-3.21g) Permit Fees, of said Code of Ordinances,
is hereby amended by amending Table 1 , thereof to read as follows:
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ORD. N0. 95-22 2
TABLE 1
Food service and retail establishments that prepare food . . . . . . . $150.00
Retail establishments that do not prepare food . . . . . . . . . . . . . . 100.00
.. . Temporary permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35.00
Public swimming pools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00
Nursing homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 550.00
Child care facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00
Food handler certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00
Replacement for lost food handler certificate . . . . . . . . . . . . . . . . 5.00
Section 4. That all ordinances or any parts thereof in conflict with the terms
of this ordinance shall be and hereby are deemed repealed and of no force or effect;
provided, however, that the ordinance or ordinances under which the cases currently
filed and pending in the Municipal Court of the City of Grapevine, Texas, shall be
deemed repealed only when all such cases filed and pending under such ordinance or
ordinances have been disposed of by a final conviction or a finding not guilty or nolo
contendere, or dismissal.
Section 5. Any person violating any of the provisions of 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 ($2000.00) and a separate offense shall be
� deemed committed upon each day during or on which a violation occurs or continues.
� y Section 6. 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 7. That this ordinance shall become effective from and after its
passage and the publication of the caption, provided however, every person owning,
employed by or otherwise connected with a food service or food establishment shall
have 180 days from the effective date of this ordinance to obtain a valid food
handler's certificate issued by the City of Euless Environmental Health Department.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 4th day of April , 1995.
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ORD. NO. 95-22 3
�.: Ty
APPROVED:
�:� ,-
William D. Tate
Mayor
ATTEST:
Lin Huff
City Secretary
APPROVED AS TO FORM:
�.�.�,
�
John F. Boyle, Jr.
City Attorney
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ORD. NO. 95-22 4