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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: ��,..., 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. �. X 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 ��.,� ORD. NO. 95-22 4