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HomeMy WebLinkAbout1993-O-37 - Food Service SanitationORDINANCE NO. 1993-37 CODE ON FOOD SERVICE SANITATION AND CODE ON RETAIL FOOD SERVICE SANITATION AN ORDINANCE DEFINING FOOD, POTENTIALLY HAZARDOUS FOOD, FOOD SERVICE ESTABLISHMENT, TEMPORARY FOOD SERVICE ESTABLISHMENT, RETAIL FOOD STORE, REGULATORY AUTHORITY, UTENSILS, EQUIPMENT, ETC.; PROVIDING FOR THE SALE OF ONLY SOUND, PROPERLY LABELED FOOD; REGULATING THE SOURCE OF FOOD; ESTABLISHING SANITATION STANDARDS FOR FOOD, FOOD PROTECTION, FOOD SERVICE OPERATIONS, FOOD SERVICE PERSONNEL, RETAIL FOOD STORE PERSONNEL, FOOD STORAGE, FOOD PREPARATION, FOOD DISPLAY, FOOD TRANSPORTATION, FOOD EQUIPMENT AND UTENSILS, SANITARY FACILITIES AND CONTROLS, AND OTHER FACILITIES; ESTABLISHING STANDARDS FOR CLEANING AND SANITIZATION OF EQUIPMENT AND UTENSILS; REQUIRING PERMITS FOR THE OPERATION OF FOOD SERVICE ESTABLISHMENTS, REQUIRING PERMITS FOR THE OPERATION OF RETAIL FOOD STORE 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 229.161 - 229.171" AND RULES ON RETAIL FOOD STORE SANITATION 229.231 - 229.239" AND PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE, AND THE FIXING OF PENALTIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: SECTION I. STATE SANITATION REGULATIONS ADOPTED. The State of Texas Department of Health, Division of Food and Drugs, "Rules on Food Service Sanitation," as adopted by the State Board of Health, effective November 30, 1977, and "Rules on Retail Food Store Sanitation," as adopted by the State Board of Health, effective August 17, 1985, and as amended thereafter, are hereby referenced and adopted as part of this Code. Three certified copies of which shall be on file in the office of the City Secretary. SECTION II. DEFINITIONS. A. All definitions included in the regulations adopted in SECTION I above are adopted by reference herein, and applicable to this article. B. All references in this Code to "City" shall be understood to refer to the City of Stephenville, Texas. -1- C. Temporary food service establishment - a commercial food w service establishment that serves the general public and jl1 operates at a fixed location for more than 24 hours, but not more than 14 consecutive days. SECTION III. COMPLIANCE REQUIRED. It shall be unlawful for any person or firm to operate any food service establishment or retail food store within the corporate limits of City unless such facility is operated in conformance with the requirements of this Code. A. General. No person or firm shall operate a food service establishment or retail food store who does not have a valid permit issued to him by the City. Only a person or firm who complies with the requirements of this code shall be entitled to receive such a permit. B. Issuance of Permit. 1. Any person or firm desiring to operate a food service establishment or retail food store shall make written application for a permit on forms provided by City. Such application shall include the name and address of each applicant, the location and type of the proposed facility and the signature of each applicant. a. A new application shall be made for a permit at any time there is a change of ownership of the facility. 2. Prior to approval of an application for a permit, City shall inspect the proposed facility to determine compliance with the requirements of this Code. 3. The City shall issue a permit if it determines: a. The facility is determined to be in compliance with the requirements of these rules. b. The facility has obtained a current Certificate of Occupancy from City. C. The permit fee has been paid. 4. Permits are not transferrable and are only valid at the location for which it was granted. -2- 5. Any permit granted under the provisions of this Code shall remain valid for one (1) year from the date of issuance unless sooner suspended or revoked for cause, and shall be displayed in a conspicuous place within the facility. C. 24 Hour or Less Food Service Establishment. A volunteer group or a commercial food service establishment which operates in the City for a period of time not to exceed 24 hours will not be inspected but must register with the City and pay the required registration fee prior to operation. SECTION IV. ENFORCEMENT AUTHORITY; INSPECTIONS; REPORT OF INSPECTION. A. City or its authorized representative, after proper identification, is authorized to enter any facility subject to the provisions of this code at any reasonable time for the purpose of determining compliance with this Code. B. An inspection of a food service establishment or retail food store shall be performed at least once each year or as often as is necessary for the enforcement of these rules. C. Whenever an inspection of a food service establishment or retail food store is made, the findings shall be recorded on an inspection report. The inspection report form shall summarize the requirements of this Code. A copy of the inspection report shall be furnished to the person in charge of the facility at the conclusion of the inspection. D. City agrees to confer with Stephenville Restaurant Association annually before contracting or appointing a representative of City to perform the inspections required in this Code. SECTION V. SUSPENSION OF PERMIT. A. Whenever a food service establishment or retail food store is required under the provision of this code to cease operations, it shall not resume operations until the condition that necessitated suspension has been corrected. B. In the event that an inspection by City as provided in Section IV. herein is conducted, and in the opinion of City the inspected facility is in violation of the provisions of this Code, City shall have the authority to immediately suspend the facility's permit. -3- C. In the event that an imminent health hazard exists, such as complete lack of sanitization, refrigeration, an extended loss of water supply, an extended power outage, or sewage backup into the facility, the facility shall immediately cease operations and shall immediately notify City. D. In the event that a permit is suspended or a facility ceases operation hereunder said facility shall not resume operation until it receives approval of City and any suspension is discontinued. SECTION VI. REVOCATION OF PERMIT. A. City may, after providing notice of and opportunity for a hearing, revoke a permit for serious violations of this article. Serious violations are herein defined as those violations that in the opinion of City should cause the facility in question to cease operations immediately. City shall give notice to the holder of the permit, in writing, of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of ten (10) days following the service of such notice unless a written request for hearing is filed with City by the holder of the permit within such ten (10) day period. B. A notice is properly served when it is delivered to the holder of the permit or when it is sent by registered or certified mail, return receipt requested, to the address of the holder of the permit as shown on the permit. C. A copy of the notice shall be filed in the records of City. D. If no request for hearing is filed with the ten (10) day period, the revocation of the permit becomes final. E. Whenever a revocation of a permit has become final, the holder of the revoked permit may make written application for a new permit. SECTION VII. FOOD SERVICE MANAGER'S TRAINING CERTIFICATION. Those facilities permitted herein that serve or store potentially hazardous foods shall employ no less than one (1) responsible employee in charge of food service operations who shall possess a certificate for food service manager training from a program as determined by the City. The food service manager training certification should comply substantially with the food service -4- manager training and certification program recommendations published by the U.S. Department of Health and Human Services, Food and Drug Administration, as amended. SECTION VIII. HEARINGS. The hearings provided for in this article shall be conducted by the City at a time and place designated. City shall record evidence of such hearing, make a final finding, and shall sustain, modify or rescind the permit. A notice of the hearing decisions shall be furnished to the holder of the permit by City. SECTION IX. REMEDIES. A. 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 or retail food store 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 one thousand dollars ($1,000), and each day such violation shall be permitted to exist shall constitute a separate offense. B. Injunctions. The City may seek to enjoin violations of these rules. C. Repeal and Date of Effect. These rules shall be in full force and effect 30 days after their adoption and publication as provided by law; and, at that time, all ordinances and parts of ordinances in conflict with these rules are hereby repealed. D. Unconstitutionality Clause. Should any section, paragraph, sentence, clause, or phrase of these rules by declared unconstitutional or invalid for any reason, the remainder of said rules shall not be affected thereby. PASSED and APPROVED this 21st day of December, 1993. ATTEST: ,Joy de�'Pemberton, City Secretary -5- Lavinia`Vbhrmann, Mayor bld6 , Reviewed by Donald B. Davis, City Administrator Randy Thomas, City Attorney Approved as to form and legality n 12/15/93