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Ord 172 Establishing sanitation standards for food protection and serviceORDINANCE NO. 172 AN ORDINANCE OF THE TOWN OF WESTLAKE INCLUDING DEFINITIONS, - 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; DESIGNATING TARRANT COUNTY HEALTH DEPARTMENT DIRECTOR AS THE HEALTH AUTHORITY; REQUIRING FOOD SERVICE MANAGER CERTIFICATION IN FOOD SANITATION; PROVIDING PENALTIES; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE AS FOLLOWS: Section l: Designation of Health Authority The Town of Westlake 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. Section 2: State Regulations Adopted a. 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 -.fill" and the "Rules on Retail Food Store Sanitation 229.231-.23911, 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). b. A certified copy of each rule manual (above) shall be kept on file in the office of the Town Secretary or may be found at the Tarrant County Health Department's office. Section 3: 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 be understood: a. Regulatory authority - shall be understood to mean representatives of the Tarrant County Health Department. b. Health Department - shall be understood to mean representatives of the Tarrant County Health Department. C_ 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, or when it is sent by registered or certified mail, return receipt requested, to the last know address of the holder of the permit. d. 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. e. 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 give 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 non -potentially hazardous snack items and wrapped candy sold over the counter is excluded. f. 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 required to make application for a permit and meet current requirements but are exempt from payment of the permit fee. Section 4: Food Permits a. 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. b. Posting - A valid permit shall be posted in public view in a conspicuous place at the food establishment for which it is issued. C. 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. - 2 - d. Multiple permits - A separate permit shall be required for every type food establishment, temporary food establishment, and child-care facility 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. e. 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 within ten (10) days of receipt of a written request for a hearing. Suspension is effective after a ten day notice period 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. f. Notification of right to hearing - Whenever a notice of suspension is given, the holder of the permit or the person in charge shall be notified in writing that an opportunity for a hearing will be provided. If no written request for hearing is filed within ten (10) days, the permit is suspended. The Health Department may end the suspension any time if reasons for suspension no longer exist. g. 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 revocation, the Health Department 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 (1p) 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 day period, the revocation of the permit becomes final. h. Service of Notices - A notice provided for in these rules is properly served when it is delivered to the holder of the permit, license, or certificate, 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, license, or certificate. A copy of the notice shall be filed in the records of the Regulatory Authority. - 3 - i. Hearing - 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. j. 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. k. 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. 1. 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 October 1st of each year, 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 14 days. Fees are due and payable as listed in item 1. Section 5: Review of Plans a. Submission of Plans - 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 Health Department for review and approval before construction, remodeling or conversion is begun. The plans and specifications. shall indicate the proposed layout, arrangement, mechanical plans, and construction materials of work areas, and the type and model of proposed fixed equipment and facilities. The Health Department shall approve the plans and specifications if they meet the requirements of these rules. No food establishment shall be constructed, extensively remodeled, or - 4 - converted except in accordance with plans and specifications approved by the Health Department. b. Pre -operational Inspection - The Health Department shall inspect any food establishment prior to its beginning operation to determine compliance with approved plans and specifications and with the requirements of these rules. Section 6: Food Manager Certification a. Requirement - Every permitted food establishment except establishments dealing only in: fresh produce; non -potentially hazardous food; and/or prepackaged potentially 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 per eight-hour shift. 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 managers 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. b. Exemptions from certificate establishments and persons food handlers performing requirement - Temporary food participating as volunteer charitable activities for periods of fourteen (14) days or less may be exempted from the requirement for manager's certificate. Section 7: Penalties Any person who violates a provision of this ordinance shall be subject to a fine not to exceed One Hundred ($100.00) - 5 - Dollars for each offense, and each and every day such violation continues shall constitute a separate offense. Section 8: Severability If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutionally by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. PASSED, ADOPTED AND APPROVED, this the 9th day of January, 1989. TOWN OF WESTLAKE, TEXAS BY: ale White, Mayor ATTEST: Germy Wh1te, Town `secretary r: