HomeMy WebLinkAboutOrdinance No. 80-06 b ' •
1 . .
ORDINANCE NO . d '� �
AN ORDINANCE DEFINING FOOD, POTENTIALLY HAZARDOUS FOOD,
FOOD SERVICE ESTABLISHMENT , TEMPORARY FOOD SERVICE ESTABLISH-
MENT, REGULATORY AUTHORITY , UTENSILS , EQUIPMENT, ETC . ;
PROVIDING FOR THE SALE OP ONLY SOUND, PROPERLY LABELED FOOD ;
REGULATING THE SOURCES OF FOOD; ESTABLISHING SANITARY
STANDARDS FOR FOOD, FOOD PROTECTION , FOOD SERVICE PERSONNEL,
FOOD SERVICE UPERATIONS , FOOD EQUIPMENT AND UTENSILS , SANITARY
FACILITIES AND CONTROLS , AND OTHER FACILITIES ; REQUIRING
PERMTTS FOR THE OPERATION OF FOOD SERVICE ESTABLISHMENTS ;
REGULATING THE INSPECTION OF SUCH ESTABLISHMENTS ; PROVIDING
FOR THE EXAMINATION AND CONDEMNATION OF FOOD ; PROVIDING
FOR INCORPORATION BY REFERENCE OF THE TEXAS DEPARTMENT OF
HEALTH, DIVISION OF FOOD AND DRUGS "RULES ON FOOD SERVICE
SANITATION 301. 73 . 11. 001 - . 011" ; AND PROVIDING FOR THE
ENFORCEMENT OF THIS ORDINANCE , AND THE FIXING OF PENALTIES .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS :
Section l. The definitions ; the inspection of food service
establishments ; the issuance , suspension and revocation of permits
to operate food service establishments ; the prohibiting of the sale
of unsound or mislabeled food or drink; and the enforcement of
this ordinance shall be regulated in accordance with the Texas
Department of Health , Division of Food and drugs "Rules on Food
Service Sanitation 301. 73 . 11. 001 - . 011" , a copy of which shall
be on file in the office of the City Secretary , provided, that the
word "municipality" in said ordinance shall be understood to refer
to the City of Friendswood and the words "regulatory authority"
shall be understood to refer to the Director of the Galveston County
Health District or his authorized representative ; and the word
"establishment" shall mean food service establishmen� ; and the
words "food service establishment" shall include "food service
establishment" , "commissary" , "food processing establishment" , "mobile
food unit" , and "ternporary food service establishment" as defined
in the Texas UepaY�tment of Health , Division of Food and Drugs
"Rules on Food Service Sanitation 301 . 73 . 11 . 022" .
Section 2 . Violations of Rules on Food Service Sanitation
are subject to the penalties and remedies listed in the ordinance .
Section 3 . COMPLIANCE PROCEDllRES
(a) Permits
(1) General . No person shall operate a food service
e.stablishment who does not havE a valid permit , issued
ta h_im by the municipality. Only a person who complies
with th� requirements of these rules shall be entitled
to rece.ive or retain such a permit . Permits are not
transferrable. A valid permit shall be posted in every
estal� i i.shmen-t .
(2 ) 7ss���,.r�ce of Pe�mit
(A) A1iy person desiring to c>perate a food service
eatablishment shall make writt�n application for
�a permit on forms provided by the regulatory
authority. Such applicati�n �hall incluc�e the
name and address of each �pplicant , the location
and typE� r�f the proposed establishment , and the
signatur�e oF each applic:ant .
(B) Prior to approval of an ap��l �cat� ion for a permit ,
the regulatory authorii.y :�hall inspect the pro-
posed said establi.shment t��� :iet:ermine compliance
with the requirements of th�.�e rules .
(C) The municipality shall issue a permit to the
applicant if the regulatory authority ' s inspec-
tion reveals that the proposed said establish-
ment complies with the requirements of these
rules . Each permit issued under• the provisions
of this ordinance shall be valid for a period of
twelve (12 ) months after the date of issuance
thereof.
(3 ) Suspension of Permit
(A) The regulatory authority may , without warning ,
notice , or hearing, suspend any permit to op�rate
a food service establishment if the operation of
the establishment constitutes a substantial hazard
to the public health. Suspension is effect.ive
upon service of the notice in accordance with
Paragraph ( 3 ) (B) of Subsection (a) of this rule .
When a permit is suspended, food service operations
shall immediately cease . Whenever a permit is
suspended, food service operations shall immedia-
tely cease . Whenever a permit is suspended , the
holder of the permit shall be afforded an oppor-
tunity for a hearing within five ( 5 ) calendar days
of receipt of a request for a hearing.
(B) Whenever a permit is suspended , the holder of the
permit or the person in charge shall be notified
in writing that the permit is , upon service of
the notice , immediately suspended and that an
opprotunity for a hearing will be provided if a
written request for a hearing is filed with the
regulatory authority by the holder of the permit
within ten days . If no written request for a
hearing is filed within ten days , the suspension
is sustained. The regulatory authority shall
end the suspension at any time if reasons for
suspension no longer exists .
(4) Revocation of Permit - The regulatory authority may ,
after providing opportunity for a hearing , revoke a
permit for serious or repeated violations of any of
the requirements of these rules or for interference
with the regulatory authority in the performance of its
duties . Prior to revocation , the regulatory authority
shall notify the holder of the permit or the person
in charge , in writing , of the reason for which the
permit is subject to revocation and that the permit
shall be revoked at the end of the ten days following
service of such notice unless a written request for
a hearing is filed with the regulatory author. ity by
the holder of the permit within such ten day period .
If no request for hearing is filed with.in the ten day
period , the revocation of the permit becomes final .
( 5 ) Service of Notices - A notice provided for in these
rules is properly served when it is delivered to the
holder of the permit or the person in charge , or
when it is sent by registered or certified mail ,
return receipt requested, to the last knowri address
of the holder of the permit . A copy of the notice shall
be filed in the records of the regulatory authority.
( 6 ) Hearing5 - The hearings provided for in these rules
shall be conducted by the regulatory authority at a
time and place designated by it . Based upon the
recorded evidence of such hearing , the regulatory
authority shall make a final fi7lding , and shall sustain ,
modify or rescind any notice or order conside.red in
the hearing. A written repart oF the hearing decision
shall be furnished to the holder� c�f- tl�e permit by the
regulatory authority.
� _ ___ ___ _____,
( 7) Ap lication after Revocation - Whenever a revocation
of a permit has become final , the holder of the
revoked permit may make written application for a
new permit. The holder of the revoked permit just
meet all the rules and requirements as stated in
Para. (2 ) of Subsection (a) of these rules before a
new permit will be issued.
(b) Inspections
(1) Inspection Frequency - An inspection of a food service
establishment shall be performed at least once every
six months . Additional inspections of the food service
establishment shall be performed as often as are
necessary for the enforcement of these rules .
(2 ) Correction of Violations - The inspection report form
shall specify a reasonable period of time for the
correction of the violations found , and correction
of the violations shall be accomplished within the
period specified in the Texas Department of Health ,
Division of Food and Drugs "Rules on Food Service
Sanitation 301. 73 . 11. 011" .
( 3 ) Inspection Report Form - An inspection report form
based on the requirements of these rules is appended.
(c) Examination and Condemnation of Food
General. Food may be examined or sampled by the regulatory
authority as often as necessary for enforcement of these rules .
The regulatory authority may , upon written notice to the
owner or person in charge specifying with particularity the
reasons therfore , place a hold order on any food which it
believes is in violation of Subsection (a) of rule . 003 , of
the"Rules on Food Service Sanitation" or any other provision
of these rules. The regulatory authority shall tag, label,
or otherwise identify any food subject to the hold order.
No food subject to a hold order shall be used, served, or
moved from the establishment. The regulatory authority shall
permit storage of the food under conditions specified in the
hold order, unless storage is not possible without risk to
the public health , in which case immediate destruction shall
be ordered and accomplished. The hold order shall state that
a request for hearing may be filed with the regulatory authority
within ten days and that if no hearing is requested the food
shall be destroyed. A hearing shall be held if so requested ,
and on the basis of evidence produced at that hearing , the
hold order may be vacated , or the owner or person in charge
�f the food may be directed by written order to denature or
destroy such food or to bring it into compliance with the
provisions of these rules .
(d) Review of Plans
(1) Submission of Plans . Whenever a food service establish-
ment is constructed or extensively remodeled and
whenever an existing structure is converted to use
as a food service establishment , properly prepared
plans and specifications for such construction , remodel-
ing , or conversion shall be submitted to the regulatory
authority for review and approval before construction ,
remodeling or conversion is begun. The plans and
specifications shall indicate the proposed layout ,
� arrangement , mechanical plans , and �onstruction materials
of work areas , and the type and model of proposed fixed
equipment and facilities . The regulatory authority
' shall approve the plans and specifications if they meet
requirements of these rules . No food service establish-
ment shall be constructed, extensively remodeled , or
converted except in accordance with plans and specifi-
cations approved by the regulatory authority .
.. . �
. , .
(2 ) Pre-operational Inspection. Whenever plans and
specif�ications are required by Para. (1) of Subsection
(d) of this rule to be submitted to the regulatory
authority , the regulatory authority shall inspect the
food service establishment prior to its beginning
operation to determine compliance with the approved
plans and specifications and with the requirements
of these rules .
(e) Fees . Before any permit shall be issued under the pro-
vi ions of this ordinance , the applicant shall pay to the
manicipality a fee to be set by Council to help defray
the cost of the enforcement of this rule .
(f) Procedure when Infection is Suspected. When the regulatory
authority has reasonable cause to suspect the possibility
of disease transmission from any food service establishment
employee , it may secure morbidity history of the suspected
employees or make any other investigations as may be
indicated and shall take appropriate action. The regulatory
authority may require any or all of the measures as speci-
fied in the Texas Department of Health , Division of Food
and Drugs "Rules on Food Service Sanitation 301. 73 . 11. 011
(e) .
(g) Remedies
(1) Penalties . Any person who violates a provision of
these rules and any person who is the permit holder
of or otherwise operates a food service establishment
that does not comply with the requirements of these
rules and any responsible officer of that permit holder
or those persons shall be fined not more than two
hundred dollars . Each day any violation of this ordi-
nance shall continue shall constitute a separate offense .
( 2 ) In�unctions . The regulatory authority may seek to
en�oin violations of these rules .
( 3) Repeal and Date of Effect . These rules shall be in
full force and effect on final reading of the ordinance
and publication as provided by law ; and, at that time ,
all ordirlances and parts of ordinances in convlict
with these rules are hereby repealed.
(4) Unconstitutionality Clause. Should any section , para-
graph, sentence , clause or phrase of these rules be
declared unconstitutional or invalid for any reason ,
the remainder of said rules shall not be affected
thereby.
PASSED ON FIRST READING this ���-,(� day of -� , 1980 .
PASSED ON SECOND READING this��_day of,G(�� , 1980 .
PASSED, APPROVED AND ADOPTED ON THIRD READING this�day of
� , ; , 1980 .
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_C:��� .��--6�����
Dale Whlttenburg , yor
ATTEST:
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City �ecretary