HomeMy Public PortalAboutOrdinance No. 644-91 11-26-1991
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ORDINANCE NO. 6 4 4
. AN ORDINANCE AMENDING SUBSECTION F, "REVIEW OF
PLANS", OF SECTION 7, "FOOD ESTABLISHMENTS", OF
CHAPTER 6, "HEALTH AND SANITATION", OF THE CODE
OF ORDINANCES, CITY OF RICHLAND HILLS, TEXAS, AS
AMENDED, IMPOSING REQUIREMENTS FOR CERTIFIED
FOOD MANAGERS AT FOOD ESTABLISHMENTS, PROVIDING
PROCEDURES FOR CHANGE IN OWNERSHIP OR CHANGE
OF SAID MANAGER; PROVIDING EXEMPTIONS FROM
CERTffIED FOOD MANAGER REQUIREMENTS; PROVIDING
MULTIPLE PERMIT PROCEDURES; AND AMENDING
PARAGRAPH (4), "MULTIPLE PERMITS", OF SUBSECTION D,
"FOOD PERMITS", OF SECTION 7, "FOOD
ESTABLISHMENTS", OF CHAPTER 6, "I~ALTH AND
SANITATION" TO CLARIFY MULTIPLE PERMIT
REQUIREMENTS; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVING CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Tarrant County currently provides food establishment inspection
services and food manager certification services for the City of Richland Hills,
Texas; and
WHEREAS, the following amendments and clarifications to the Richland Hills
ordinances governing food manager certification are necessary to the efficient
administration of the food manager certification program.
• Now, therefore, be it ordained by the City Council of the City of Richland Hill,
Texas:
I.
That Subsection F "REVIEW OF PLANS", of Section 7, "FOOD
ESTABLISHMENTS", of Chapter 6, "HEALTH AND SANITATION", of the Code of
Ordinances of the City of Richland Hills, Texas, as amended, be hereby amended to
hereafter be and read as follows:
F. CERTIFIED FOOD MANAGERS REQUIRED
(1) Requirement
All food establishments, except establishments dealing only in uncut
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 non-exempt 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 or closure of a food establishment by
ORDINANCE NO. 6 4 4 PAGE 1
the health department or repeated violations of state or local food
• handling regulations shall constitute cause for revocation of that
manager's certification.
(2) Display of Permits
All food manager certificates shall be posted in public view along
with the health permit for the food establishment.
(3) Change of Managers: Change of Ownership
Whenever the food service operator holding the certificate
terminates employment, is terminated, or is transferred to another
food establishment, all sales or service of food shall immediately
cease and shall not resume until certified managers are again
employed as required by this section. If the ownership of a food
establishment is transferred, the person owning, operating or
managing the food establishment shall be allowed sixty (60) days
from the date of actual transfer of ownership to comply with this
section.
(4) Exemption from Certificate Requirement
Temporary food establishments, convenience stores serving fountain
drinks, coffee, popcorn and sealed prepackaged snack items only,
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 a food manager's certificate.
II.
That paragraph (4), "MULTIPLE PERMITS", of Subsection D, "FOOD
PERMITS", of Section 7, "FOOD ESTABLISHMENTS", of Chapter 6, "HEALTH AND
SANITATION", of the Code of Ordinances of the City of Richland Hills, Texas, as
amended, be hereby amended to hereafter be and read as follows:
(4) Multiple Permits
A separate permit shall be required for every type of food
establishment, temporary food establishment and child care facility
with separate and distinct operations (as determined by the health
department), whether situated in the same building or at separate
locations. Separate and distinct lounge operations in a food facility
will require a separate permit for food service operations; provided,
however, that multiple lounges on the same floor in the same
building and operating under the same liquor license will not require
a separate permit.
III.
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
ORDINANCE NO. 6 4 4 PAGE 2
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.
Saving Clause. That Chapter 6 of the Code of Ordinances, City of Richland
Hills, Texas, as amended, shall remain in full force and effect, save and except as
amended by this ordinance.
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 the day of .Nov 1991, by a vote
of 5 ayes, ~ nays, and 0 abstentions.
APPR VE
James R. Truitt, Mayor
ATTEST:
Pauline Kempe, City Secretary
APPROVED AS TO FORM:
aul F. Wieneskie, Cit Attorney
11MLIB/bh/103091
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