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Home My WebLink AboutORD 2004-027 ORDINANCE NO. 2004-27 A:; , ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 12, HEALTH AND SANITATION; REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH SEPARATE OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine is authorized to adopt ordinances to protect the health, safety, and welfare of its citizens; and WHEREAS, the City of Grapevine has determined that it is a necessity to regulate the activities and entities as provided for herein to safeguard the public; and WHEREAS, the City of Grapevine is authorized by law to adopt the provisions contained herein, and has complied with all prerequisites necessary for the passage of this Ordinance; and WHEREAS, the City has determined that an amendment of Chapter 12, Health and Sanitation, of the Code of Ordinances is in the best interest of the City, and its citizens. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. All matters stated in the preamble are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That Chapter 12 Health and Sanitation, Article I, Division 1 Food Establishments, Section 12-2 is hereby amended to read as follows: "Sec. 12-2. Designation of health authority. The city designates the Tarrant County Public Health as its health authority for � the purpose of ensuring minimum standards of environmentat health and sanitation within the scope of that department's function." ��_� Section 3. That Chapter 12 Health and Sanitation, Article I, Division 1 Food Establishments, Section 12-3 Definitions, Health Services is amended to read as follows: "Sec. 12 — 3. Definitions. Health services: Tarrant County Public Health." Section 4. That Chapter 12 Health and Sanitation, Article I, Division 2 Amendments/Administration, Sections 12-5 (c) and (e) are amended to read as follows: "Sec. 12-5. Food Handler Card Required (c) Every food service or food establishment shall have available on the premises at all times the food handling card of each employee for inspection, and if requested, shall provide the Tarrant County Public Health with documentation of the date of employment of any employee of the establishment. (e) Every card issued shall remain effective for a period of three years at the discretion of health services and may be renewed upon successful completion of additional approved refresher courses and payment of renewal fees. Food handler cards are the property of the person named thereon and must be returned by employers to such person upon cessation of employment." Section 5. That Chapter 12 Health and Sanitation, Article I, Division 2 Amendments/Administration, Section 12-6 is amended to read as follows: "Sec. 12-6. Food Handling Class Required — Food Handler Card In order to receive a food handler card, every person owning, employed by, or otherwise connected with a food establishment whose work brings him/her into contact with food, utensils or food service equipment shall be required to attend a food handling class held by health services before a food handler card will be issued. An approved food management protection training program as required by V.T.C.A., Health and Safety Code Ch. 438, Subch. D, as amended, may be substituted for the course provided by the Tarrant County Public Health." Section 6. That Chapter 12 Health and Sanitation, Article II, Day Care Centers, Section 12-32 is hereby amended to read as follows: "Sec. 12-32. Designation of health authority. ORD. NO. 2004-27 2 "The city designates the Tarrant County Public Health 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 7. That Chapter 12 Health and Sanitation, Article II, Day Care Centers, Section 12-34 Health Department and Health Department Permit are hereby amended to read as follows: "Sec. 12-34. Definitions. Health department: Tarrant County Public Health (Code services). Health department permit: A certificate issued by the Tarrant County Public Health upon application and inspection of a day care center which at the time of issuance complied with applicable city ordinances." Section 8. That Chapter 12 Health and Sanitation, Article III, Public Swimming Pools, Section 12-63 is hereby amended to read as follows: "Sec. 12-63. Designation of health authority. The city designates the Tarrant County Public Health 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 9. That Chapter 12 Health and Sanitation, Article III, Public Swimming Pools, Section 12-64 is hereby amended to read as follows: "Sec.12-64. Definitions Health services: Tarrant County Public Health." Section 10. That Chapter 12 Health and Sanitation, Article IV Fees, is hereby amended in its entirety and replaced with the following: "Sec. 12-83. Food and food services establishments Food Store <_ 5,000 square feet $200.00 > 5,000 square feet $300.00 Food Service <_ 500 square feet $100.00 � > 500 s1,500 square feet $150.00 > 1,500 < 3,000 square feet $200.00 � > 3,000 5 6,000 square feet $250.00 ORD. NO. 2004-27 3 , d >6,000 square feet $300.00 Child Care Food Service $150.00 Catering Operation $250.00 Food Court (per establishment) $200.00 Adiunct Operation Food Service (per independent operation) $150.00 � Food Store <_ 5,000 square feet (per independent operation) $150.00 Food Store > 5,000 square feet (per independent operation) $200.00 Commissary No food prep $100.00 With food prep $200.00 Mobile Units Prepackaqed food only $100.00 Open and/or food prep $200.00 Push Carts $200.00 Plan Review < 500 square feet $0.00 > 500 <_ 3,000 square feet $50.00 > 3,000 square feet $100.00 Public Swimming Pools $150.00 Late Fee From 1-30 davs 10% of fee owed From 31-60 davs 20% of fee owed The late fee increases 10% for each 30 dav block until permit fee and late fee is paid. Permits that are more than 90 davs overdue will be required to be reapplied for. Temporarv vendors $35.00" Section 11. 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) for each offense and a separate offense shall be deemed committed each day during or on which an offense occurs or continues. Section 12. 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. ORD. NO. 2004-27 4 Section 13. If any section, subsection, sentence, clause or phase of this ordinance shall for any reason be held to be invalid, such decision shall not affect the nU; ,., validity of the remaining portions of this ordinance. Section 14. 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 inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall 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 20th day of April, 2004. APPROVED: William D. Tate Mayor ATTEST: �, ..., Linda Huff City Secretary APPROVED AS TO FORM: (�-- John F. Boyle, Jr. City Attorney ORD. NO. 2004-27 5