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HomeMy Public PortalAboutOrdinance No. 644-91 11-26-1991 ? a 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 ORDINANCE NO. ti a a PAGE 3