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HomeMy WebLinkAboutORD 1990-056 ORDINANCE NO. �0-56 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE OF ORDINANCES CHAPTER 12 RELATING TO HEALTH AND SANITATION BY AMENDING SECTIONS 12-1 , 12-3 , AND 12-3 .2 RELATIVE TO HEALTH AUTHORITY, DEFINITIONS, APPEAL AND ,�� � PERMIT FEES; BY AMENDING SECTION 12-3 . 4 RELATIVE TO FOOD MANAGER CERTIFICATION BY DELETING IT IN ITS ENTIRETY; 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 relative to Designation of health authority is hereby amended to read as follows: "Section 12-1. Designation of health authority. The City of Grapevine, Texas, designates the City of Euless Environmental Health Office as its health authority for the purpose of ensuring minimum standards of environmental health and sanitation within the scope of that department' s function. " Section 2 . That Chapter 12 , Section 12-3 relative to Same-Definitions is hereby amended by amending definitions (1) and (2) to read as follows: " (1 ) Regulatory authority shall mean representatives of the City of Euless Environmental Health Office. (2) Health department shall mean representatives of the City of Euless Environmental Health Office. " Section 3. That Chapter 12 , Section 12-3 relative to Same-Definitions is hereby amended by deleting definition (5) relating to food manager' s certificate in its entirety and the remainder of the definitions in Section 12-3 are hereby renumbered accordingly. Section 4 . That Chapter 12, Section 12-3. 2 (e) relative to Same-Notice, hearing, suspension or revocation is hereby amended to read as follows: " (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 City of Euless Environmental Health Office. " Section 5 . That Chapter 12, Section 12-3. 2 (g) relative to Same-Notice, hearing, suspension or revocation is hereby amended to read as follows: " (g) Permit fees. A health permit fee, as established by the City of Euless Environmental Health Office, is required annually for each food establishment. Fees are due and payable on or before October thirty-first and are to be paid to the City of Euless, Office of Environmental Health, 201 N. Ector Drive, Euless, Texas 76039-3543 . The fees shall be as provided in the following table: TABLE 1 Food service and retail establishment that prepare food. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $150. 00 Retail establishment that do not prepare food. $100 .00 �,,A Temporary permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35 . 00 Public Swimming pools. . . . . . . . . . . . . . . . . . . . . . . . . $100 . 00 Nursinghomes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50 . 00 �: _� Child care facilities. . . . . . . . . . . . . . . . . . . . . . . . . $ 50 .00" Section 6 . That Chapter 12, Section 12-3 . 4 relative to Food manager certification is hereby deleted in its entirety. Section 7 . If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstance 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 8 . 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 ($2 ,000 .00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 9. The provisions of this ordinance shall become effective October l , 1990 . Section 10 . The fact that the present ordinances and "�` ' regulations of the City of Grapevine, Texas, are inadequate to properly 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 4th day of September , 1990 . APPROVED: William D. Tate Mayor ATTEST: �. :� � L da Huff City Secretar APPROVED AS TO FORM: , _ V �_- 2Zt-'c�i'� Adrienne C. Leonard City Attorney