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Ord 664 Amending Chapter 46 Food Service Sanitation and Food HandlingTOWN OF WESTLAKE ORDINANCE NO. 664 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 46, HEALTH AND SANITATION, ARTICLE III FOOD, DIVISION 2, FOOD SERVICE SANITATION AND FOOD HANDLING, SECTIONS 46-77 THROUGH 46-82, RESERVING SECTIONS 46-87 THROUGH 46-110 PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, the Town Council finds that the regulation of food establishments including food service establishments, retail food stores, temporary food establishments, mobile food units, and roadside food vendors are for the health, safety and welfare of the general public and the residents of the Town of Westlake; and WHEREAS, upon the recommendation of the Tarrant County Health Department, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the town and its citizens that the amendments should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Chapter 46 of the Town of Westlake Code of Ordinances is hereby amended by adding as follows: Sect, 46-77 Delete existing and replace with the following. Sec. 46-77 Adoption of Texas Food Establishment Rules The Town of Westlake adopts by reference the provisions of the current rules or rules as amended by The Executive Commissioner of the Health and Human Services Commission found in 25 Texas Administrative Code, Chapter 229, Sections 161 through 171 and 173 through 175 regarding the regulation of food establishments in this jurisdiction. Sec, 46-78 is here by amended add the following definitions Sec. 46-78 Definitions Amend by adding the following definitions. Ordinance 664 Page 1 of 5 Authorized agent or employee means the employees of the regulatory authority. Food establishment means a food service establishment, a retail food store, a temporary food establishment, a mobile food unit, and/or a roadside food vendor. Municipality means shall be understood to refer to the Town of Westlake. State Rules mean the state rules found at 25 Texas Administrative Code, Chapter 229, Sections 161 through 171 and Sections 173 through 175. These rules are also known as the Texas Food Establishment Rules. Regulatory Authority mean the Tarrant County Public Health Department Sec. 46-79 thru 46-83 delete and replace with the following; Sec. 46-79 Food Permits A person may not operate a food establishment without a permit issued by the regulatory authority. Permits are not transferrable from one person or entity to another or from one location to another location, except as otherwise permitted by this ordinance. A valid permit must be visibly posted in or on every food establishment regulated by this ordinance. (a) Any person desiring to operate a food establishment must make a written application for a permit on forms provided by the regulatory authority. The application must contain the name and address of each applicant, the location and type of the proposed food establishment and the applicable fee. An incomplete application will not be accepted. Failure to provide all required information, or falsifying information required may result in denial or revocation of the permit. Renewals of permits are required on an annual basis and the same information is required for a renewal permit as for an initial permit. (b) Prior to the approval of an initial permit or the renewal of an existing permit, the regulatory authority shall inspect the proposed food establishment to determine compliance with state laws and rules. A food establishment that does not comply with state laws and rules will be denied a permit or the renewal of a permit. (c) Fees for permits issued under this ordinance shall be as listed in the fee schedule Sec. 46-80 Review of Plans (a) Whenever a food establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a food establishment, properly prepared plans and specifications for such construction, remodeling or conversion shall be submitted to the regulatory authority for review before work is begun. Extensive remodeling means that 20% or greater of the area of the food establishment is to be remodeled or when equipment required by the rules is to be relocated or removed. The plans and specifications shall indicate the proposed layout, equipment arrangement, mechanical plans and construction of materials of work areas, and the type and model of proposed fixed equipment and facilities. The plans and specifications will be approved Ordinance 664 Page 2 of 5 by the regulatory authority if they meet the requirements of the rules adopted by this ordinance. The approved plans and specifications must be followed in construction, remodeling or conversion. (b) Failure to follow the approved plans and specifications will result in a permit denial, suspension, or revocation. (c) Fees for the review of plans shall be as listed in the fee schedule Sec 46-81 Inspections (a) Before a permit is issued, the Town or its authorized representative shall inspect and approve the food establishment. An inspection of a food establishment shall be performed at least once annually and shall be prioritized based upon assessment of a food establishment's compliance and potential of causing foodborne illness according to 25 TAC 229.171(h). (b) The regulatory authority shall classify food establishments as special priority, high priority, medium priority or low priority, according to the type of operations; particular foods that are prepared; number of people served; susceptibility of the population served; history of violations and any other risk factor deemed relevant to the operation. (c) Refusal of an owner, manager or employee to allow the authorized representative of the regulatory authority, upon presentation of credentials, to inspect any permitted business or operation therein during normal business hours will result in an immediate suspension of the permit, requiring all permitted activities to abate until after such time as a hearing may be held per the Administrative process. Sec. 46-82 Food Manager / Food Handler Education Requirement: (1) Each food service establishment shall have at least one person employed in a managerial capacity possessing a current food manager certificate approved by the regulatory authority. (2) Each food service establishment with six (6) or more employees that is required to have certified food managers must have at least one certified manager on site during all operations. (3) Every employee of a food service establishment other than a certified Food Manager must maintain a valid food handler certification registered with the regulatory authority. (4) Food Handler certification shall be valid for a period of up to three (3) years as determined by the regulatory authority (5) Food Manager and Food Handler certification documentation must be maintained in the food service establishment and presented upon request by the regulatory authority Ordinance 664 Page 3of5 Sec. 46-83 Suspension of Permit The regulatory authority may, without warning, notice, or hearing suspend any permit to operate a food establishment if the operation of the food establishment constitutes an imminent hazard to public health. When a permit is suspended, food operations shall immediately cease. Whenever a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing within ten (10) days of receipt of a request for a hearing. 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 opportunity 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 (10) days. If no written request for hearing is filed within ten days, the suspension is sustained. The regulatory authority may end the suspension at any time if reasons for suspension no longer exist. Sec. 46-84 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 authority by the holder of the permit within such ten day period. If no request for hearing is filed within the ten (10) day period, the revocation of the permit becomes final. Sec.46-85 Administrative Process (a) A notice as required 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 known address of the holder of the permit as shown on their permit application. A copy of the notice shall be filed in the records of the regulatory authority. (b) 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 final findings, 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 by the regulatory authority. SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. Ordinance 664 Page 4 of 5 SECTION 4: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense, SECTION 5: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 29 DAY OF AUGUST, 2011. �Q�h1 flF yyF� ATTEST: 'F : m Laura Wheat, Mayor XAS Thomas E. Brymer, Town Manager Kelly Edwares, Town SecretJ� APPROVE TOS L antonoC Fy, Tin Attorney Ordinance 664 Page 5 of 5 11N V Muh Star -Telegram Customer ID: TOW27 400 W. 7TH STREET Invoice Number: 317612091 FORT WORTH, TX 76102 (817) 390-7761 Invoice Date: 9/1/2011 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 9/30/2011 Dill To: PO Number: TOWN OF WESTLAKE 3 VILLAGE CIR STE 202 Order Number: 31761209 WESTLAKE, TX 76262-7940 Sales Rep: 073 Description: TOWN OF WESTLA Publication Date: 9/1/2011 TOWNattAtee"E NO. I3580 1 37 37 LINE $3.17 $117.11 �'�#� �'AS�att Sales Dom, tb ($77.16) �oAttic�5�iv�,TArto>� AtUD t1���> tt� $10.00 Misc F ��li t� Htlt����'�it� PR ib t3 u�A `SEV alt 11a' ��� �qC��ll�tiVG � uifil�S Net Amount: $49.95 r s o e f hfs �l o- �€�� � tr �'lt��d� � e, ted � � = ,�.`( pUQ�►,_ o • `stfalle'rt�Ixan��nv(tfloA sfiati � Y < p . e7�c�13'fi �dtrr of Twt��ot�sat�tl i7a�i'$2,bD9tOttl fior achy �f r :®�' P#.... ct t a spy eIt�x * i�r� •'•. • E7(p1R THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star -Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817)215-2323 ri A SUBSCRIBED AND SWORN TO BEFORE ME, TI Thank You For Your Payment --------------------------------------------- Remit To: Star -Telegram Customer ID: TOW27 P.O. BOX 901051 Customer Name: TOWN OF WESTLAKE FORT WORTH, TX 76101-2051 Invoice Number: 317612091 Invoice Amount: $49.95 PO Number: Amount Enclosed: _