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Home My Public Portal AboutOrdinance No. 574-87 12-14-1987 • ORDINANCE NO. 5 7 4 AN ORDINANCE AMENDING CHAPTER 6, "HEALTH AND SANITATION", OF THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS, BY THE ADDITION THERETO OF A NEW SECTION 7, "FOOD ESTABLISHMENTS", PROVIDING FOR THE SALE OF ONLY SOUND, PROPERLY LABELED FOOD; ESTABLISHING SANITATION STANDARDS FOR FOOD PROTECTION AND SERVICE; ADOPTING BY REFERENCE TEXAS BOARD OF HEALTH, "RULES ON FOOD SERVICE SANITATION" AND "RULES ON RETAIL STORE SANITATION"; REQUIRING PERMITS FOR THE OPERATION OF FOOD ESTABLISHMENTS AND SETTING FEES FOR SAME; DESIGNATING TARRANT COUNTY HEALTH DEPARTMENT DIRECTOR AS THE HEALTH AUTHORITY; REQUIRING FOOD SERVICE MANAGER CERTIFICATION IN FOOD SANITATION; PROVIDING REMEDIES AND PENALTIES OF UP TO $1,000.00 PER DAY FOR VIOLATIONS; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Richland Hills: I. • That Chapter 6, "HEALTH AND SANITATION" of the Code of Ordinances, City of Richland Hills, as amended, be amended by the addition of a new Section 7, "FOOD ESTABLISHMENTS", thereto, which section shall hereafter be and read as follows: A. DESIGNATION OF HEALTH AUTHORITY The City of Richland Hills designates the Tarrant County Health Department Director as its health authority for the purpose of insuring minimum standards of environmental health and sanitation within the scope of that department's function. B. STATE REGULATIONS ADOPTED 1. There is hereby adopted by reference the Texas Department of Health, Division of Food and Drugs "Rules on Food Service Sanitation 301.73.11.001-.011" and the "Rules on Retail Food Store Sanitation 229.231-.239", and "The Texas Food, Drug and Cosmetic Act" (Article 4476-5 Vernon's Civil Statutes), and "Texas Sanitation and Health Protection Law" (V.C.S. Article 4477-1). 2. A certified copy of each rule manual (above) shall be kept on file in the office of the City Secretary, and shall be available for inspection and copying during normal business hours of City Hall. • ORDINANCE NO. 5 7 4 Page 1 i C. DEFINITIONS (All definitions in "Rules on Food Service Sanitation" and "Rules on Retail Food Store Sanitation" are hereby adopted. In addition, the following definitions shall apply to this Section:) 1. Regulatory Authority - shall mean the Tarrant County Health Department, and any of its employees, agents or representatives. 2. Health Department -shall mean the Tarrant County Health Department, and any of its employees, agents or representatives. 3. Service of Notice - 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 of a food establishment, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit. 4. Ownership of Business -shall mean the owner or operator of the business. Each new business owner or operator shall comply with the current code of the City. S. Food Establishment -shall mean all places where food or drink are • manufactured, packaged, produced, processed, transported, stored, sold, commercially prepared, or otherwise handled, whether offered for sale, given in exchange, or given away for use as food, or furnished for human consumption. The term does not apply to private homes where food is prepared or served for guest and individual family consumption. The location of commercially packaged single portion nonpotentially hazardous snack items and wrapped candy sold over the county is excluded. 6. Child Care Facility -shall mean a facility keeping more than twelve (12) unrelated children that provides care, training, education, custody or supervision for children under fifteen (15) years of age, who are not related by blood, marriage or adoption to the owner or operator of the facility, for all or part of the day, whether or not the facility is operated for profit or charges for the services it offers. Non-profit facilities will be requi~'ed to make application for a permit and meet current requirements, but are exempt from payment of the permit fee. 7. Person - shall mean any individual, partnership, unincorporated association, corporation, joint venture or other business or nonbusiness entity, including religious, charitable or eleemosynary institutions, whether or not organized or operated for profit. • ORDINANCE NO. 5 7 4 Page 2 • D. FOOD PERMITS 1. Requirement. It shall be unlawful for any person to operate a food establishment in the City, unless he possesses a current and valid health permit issued by the health department. 2. Posting. A valid permit shall be posted in public view in a conspicuous place at the food establishment for which it is issued. 3. Non-Transference (Change of Ownership). Permits issued under the provisions of this article are not transferable. Upon change of ownership of a business the new business owner will be required to meet current standards, as defined in city ordinances and state law, before a permit will be issued. 4. Multiple Permits. A separate permit shall be required for every type food establishment, temporary food establishment, and child care facility providing food, whether situated in the same building, or at a separate location. Lounge operations located in the same building on the same floor operating under the same liquor license will not require a separate permit. S. Suspension of Permit. The health department may suspend any permit to • operate a food establishment if the operation of the establishment does not comply with the requirements of this ordinance, state laws and rules, or the operation of the food establishment otherwise constitutes an imminent health hazard. Before a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing. Suspension is effective ten (10) days after said notice is given by the health department in the event a public hearing is not requested. When a permit is suspended, food service operations shall immediately cease. 6. Notification of Right to Hearing. Whenever a notice of suspension is given, the holder of the permit or the person in charge of the food establishment shall be notified in writing that an opportunity for a hearing will be provided.. If no written request for hearing is filed with the health department within ten (10) days after the service of said notice of suspension, the permit shall be automatically suspended. The health department may end the suspension any time if reasons for suspension no longer exist. 7. Revocation of Permit. The health department may, after providing notice and an 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 health department in the performance of its duties. Prior to • ORDINANCE NO. 5 7 4 Page 3 • revocation, the health department shall notify the holder of the permit or the person in charge of the food establishment, 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 (10) days following service of such notice. Unless a written request for a hearing is filed with the health department by the holder of the permit within such ten (10) day period, the revocation of the permit becomes final. 8. Service of Notices. A notice provided for in these rues is properly served when it is personally delivered to the holder of the permit, license, or certificate, or the person in charge of the food establishment, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit, license, or certificate. A copy of the notice shall be filed in the records of the regulatory authority. 9. Hearings. 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 hearings, the regulatory authority shall make a final finding, and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit, license, or certificate by the regulatory authority. 10. Right of Appeal. Any permit holder who wishes to dispute the decision of . a hearing may appeal the decision to the director of the Tarrant County Health Department. 11. Application 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 to the health department. E. PERMIT FEES 1. A health permit fee as established by the Commissioners' Court for unincorporated areas of the County is required annually for each food establishment. Fees are due and payable on or before the 1st day of Jan .19 8 8, and are to be paid to the Tarrant County Health Department at 1800 University Drive, Fort Worth, Texas. 2. A health permit fee as established by the Commissioners' Court for unincorporated areas of the County is required of any food establishment operating less than fourteen (14) days. Fees are due and payable as listed in item #1. • ORDINANCE NO. 574 Page 4 F. REVIEW OF PLANS 1. Requirement. All food establishments, except establishments dealing only in fresh produce and/or prepackaged nonpotentially hazardous food, shall have a person employed in a managerial capacity possessing a current food manager's certificate issued by the health department. A certified manager or person in charge must be on duty during all hours of operation of any nonexempt food service establishment employing six (6) or more employees. Upon written application and presentation of evidence of satisfactory completion of a food manager's course, equivalent training, or examination as approved by the director of public health, the health department shall issue a food manager's certificate valid for three (3) years from the date of training or evaluation unless sooner revoked. Suspension or revocation of an establishment's health permit by the health department shall constitute cause for revocation of that manager's certification. Whenever the food service operator holding the certificate terminates employment, is terminated, or is transferred to another food establishment, the person owning, operating or managing the food establishment shall be allowed sixty (60) days from the date of • termination or transfer of the certificate holder to comply with this section. 2. Exemptions from Certificate Requirement. Temporary food establishments and persons participating as volunteer food handlers performing charitable activities for periods of four (4) days or less may be exempted from the requirement for manager's certificate. H. PENALTY FOR VIOLATIONS Any person who violates a provision of this ordinance shall be subject to a fine not to exceed $1,000.00 for each offense, and each and every day such violation continues shall constitute a separate offense. I. APPLICATION TO EXISTING FOOD ESTABLISHMENTS; PENALTIES. Any food establishment otherwise lawfully operating on the effective date of this ordinance may continue to operate; provided, however, that all such existing food establishments shall come into compliance and obtain the permits, licenses and certifications required in this section on or before August 1, 1988. Any such existing food establishment failing to comply with all requirements of this section on or before said date shall be subject to the penalties provided in this section. • ORDINANCE NO. 5 7 4 Page 5 • II. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by .the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. III. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Richland Hills City Charter and the laws of the State of Texas. PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the Richland Hills City Council on thel4thday of nP~- _ 1987; by a vote of 4 ayes, 1 nays and ~ abstentions. APPROVED: • ' ~ ~ 1 Paul Daniels, Mayor ATTEST: _il Paulene Kempe, City Se retary D AS TO FORM: , i aul F. Wieneskie, ity Attorney 0059a/dd/12487 ORDINANCE NO. 574 Page 6