HomeMy WebLinkAbout1981-1329 - Ordinance - 12/09/1981ORDIANANCE NO. 1329
AN ORDINANCE AMENDING CHAPTER 7, SECTION4 OF THE CODE OF
ORDINANCES,CITY OF COLLEGE STATION, DEFINING FOOD, POTENTIALLY
HAZARDOUS FOOD, FOOD SERVICE ESTABLISHMENT, TEMPORARY FOOD
SERVICE ESTABLISHMENT, REGULATORY AUTHORITY, UTENSILS, EQUIPMENT,
ETC.; PROVIDING FOR THE SALE OF ONLY SOUND, PROPERLY LABELED
FOOD; REGULATING THE SOURCES OF FOOD; ESTABLISHING SANITATION
STANDARDS FOR FOOD, FOOD PROTECTION, FOOD SERVICE PERSONNEL, FOOD
SERVICE OPERATIONS, FOOD EQUIPMENT AND UTENSILS, SANITARY
FACILITIES AND CONTROLS, AND OTHER FACILTIES; REQUIRING PERMITS
FOR THE OPERATION OF FOOD SERVICE 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 301.73.11.001- .011 "; AND
PROVIDING FOR THE ENFORCEMENT OF THIS ORDINANCE, AND THE FIXING
OF PENALTIES.
BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS THAT:
I.
CHAPTER 7, SECTION 4 OF THE CODE OF ORDINANCES, CITY OF COLLEGE
STATION, SHALL BE AMENDED TO READ AS FOLLOWS:
SECTION 4. POTENTIALLY HAZARDOUS FOOD
A. TEXAS DEPARTMENT OF HEALTH, DIVISION OF FOOD AND DRUGS
"RULES ON FOOD SERVICE SANITATION 301.73.11.001 - .011 ",
ADOPTED
The definitions; the inspection of food service
establishments; the issuance, suspension and revocation
of permits to operate food service establishments; the
prohibiting of the sale of unsound or mislabeled food or
drink; and the enforcement of this ordinance shall be
regulated in accordance with the Texas Department of
Health, Division of Food and Drugs "Rules on Food Service
Sanitation 301.73.11.001 - .011 ", three certified copies of
which shall be on file in the office of the city
secretary: Provided, that the words "municipality of
in said ordinance shall be understood to refer to the
City of College Station and the words "regulatory
authority" shall be understood to refer to the City of
m
Ordinance No. 1329
Page 2
College Station or its authorized representative. The
authorized representative for enforcement of this
ordinance shall be the Brazos County Health Department.
B. PERMITS, LICENSES, OR CERTIFICATES
(1) GENERAL
No person shall operate a food service establishment
who does not have a valid permit, license, or
certificate issued to him by the regulatory
authority. Only a person who complies with the
requirements of these rules shall be entitled to
receive or retain such a permit, license, or
certificate. Permits, licenses, or certificates are
not transferable. A valid permit, license, or
certificate shall be posted in every food service
establishment.
(2) ISSUANCE OF PERMIT
Any person desiring to operate a food service
establishment shall make written application for a
permit on forms provided by the City. Such
application shall include the applicant's full name
and post office address and whether such applicant is
an individual, firm, or corporation, and, if a
partnership, the names of the partners, together with
their addresses shall be included; the location and
type of the proposed food service establishment; and
the signature of the applicant or applicants. If the
applicantion is for a temporary food service
establishment, it shall also include the inclusive
dates of the proposed operation. Permits shall be
annually on or before January 1st. At the time of
renewal or in case of a new establishment, before
business has begun, the applicant shall pay to the
City of College Station, or its agent receiving same,
a fee to be set by a resolution of the City Council.
Upon receipt of such an application, the City of
College Station, through the health authority, shall
make an inspection of the food service establishment
to determine compliance with the provisions of this
section. When inspection reveals that the applicable
requirements of this section have been met, a permit
shall be issued to the applicant by the City of
College Station as set by city council resolution.
(3) SUSPENSION OF PERMIT
(a) The regulatory authority may, without warning,
notice, or hearing suspend any permit, license, or
certificate to operate a food service establishment
if the holder of the permit, license, or certificate
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Ordinance No. 1329
Page 3
does not comply with the requirements of these rules,
or if the operation of the establishment does not
comply with the requirements of these rules, or if
the operation of the food service establishment
otherwise constitutes a substantial hazard to public
health. Suspension is effective upon service of the
notice required by Paragraph (3)(b) of Subsection (B)
of this rule. When a permit, license, or certificate
is suspended, food service operations shall
immediately cease. Whenever a permit, license, or
certificate is suspended, the holder of the permit,
license, or certificate shall be afforded an
opportunity for a hearing within 20 days of receipt
of a request for a hearing.
(b) Whenever a permit, license, or certificate is
suspended, the holder of the permit, license, or
certificate, or the person in charge shall be
notified in writing that the permit, license, or
certificate 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, license, or certificate within
ten 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.
(4) REVOCATION OF PERMIT, LICENSE, OR CERTIFICATE
The regulatory authority may, after providing
opportunity for a hearing, revoke a permit, license,
or certificate for serious or repeated violations of
any of the requirments 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, license, or certificate, or the person in
charge, in writing of the reason for which the
permit, license, or certificate 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, license, or certificate within such ten
day period. If no request for hearing is filed
within the ten day period, the revocation of the
permit, license, or certificate becomes final.
(5) SERVICE OF NOTICES
A notice provided for in these rules is properly
served when it is delivered to the holder of the
U3S52
Ordinance No. 1329
permit, license
charge, or when
mail, return
address of the
certificate. A
the records of
(6) HEARINGS
Page 4
or certificate, or the person in
it is sent by registered or certified
receipt requested, to the last known
holder of the permit, license, or
copy of the notice shall be filed in
the regulatory authority.
The hearings provided for 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 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.
(7) APPLICATION AFTER REVOCATION
Whenever a revocation of a permit, license, or
certificate has become final, the holder of the
revoked permit, license, or certificate may make
written application for a new permit,license, or
certificate.
C. INSPECTIONS
(1) INSPECTION FREQUENCY
An inspection of a food service establishment shall
be performed at least once every six months.
Additional inspections of the food service
establishment shall be performed as often as are
necessary for the enforcement of these rules.
(2) ACCESS
Agents of the regulatory authority, after proper
identification, shall be permitted to enter any food
service establishment at any reasonable time, for the
purpose of making inspections to determine compliance
with these rules. The agents shall be permitted to
examine the records of the establishments to obtain
information pertaining to food and supplies
purchased, received, or used, or to persons employed.
(3) REPORT OF INSPECTIONS
Whenever an inspection of a food service
establishment or commissary is made, the findings
shall be recorded on the inspection report form set
out in Paragraph (5) of Subsection (C) of this rule.
Ordinance No. 1329
Page 5
The inspection report form shall summarize the
requirements of these rules and shall set forth a
weighted point value for each requirement.
Inspectional remarks shall be written to reference,
by section number, the section violated and shall
state the correction to be made. The rating score of
the establishment shall be the total of the weighted
point values for all violations, subtracted from 100.
A copy of the inspection report form shall be
furnished to the person in charge of the
establishment at the conclusion of the inspection.
The completed inspection report form is a public
document that shall be made available for public
disclosure to any person who requests it according to
law.
(4) CORRECTION OF VIOLATIONS
(a) The inspection report form shall specify a
reasonable period of time for the correction of the
violations found, and correction of the violations
shall be accomplished within the period specified, in
accordance with the following provisions:
(i) If an imminent health hazard exists, such
as complete lack of refrigeration or sewage
backup into the establishment, the establishment
"' shall immediately cease food service operations.
Operations shall not be resumed until authorized
by the regulatory authority.
(ii) All violations of 4- or 5 -point weighted
items shall be corrected as soon as possible,
but in any event, within 10 days following
inspection. Within 15 days after the
inspection, the holder of the permit, license,
or certificate shall submit a written report to
the regulatory authority stating that the 4- or
5 -point violations have been corrected. A
follow -up inspection shall be conducted to
confirm correction.
(iii) All 1- or 2 -point weighted items shall be
corrected as soon as possible, but in any event,
by the time of the next routine inspection.
(iv) When rating score of the establishment is
less than 60, the establishment shall initiate
corrective action on all identified violations
within 48 hours. One or more reinspections will
be conducted at reasonable time intervals to
03554
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Ordinance No. 1329 Page 6
assure correction.
(v) In the case of temporary food service
establishments, all violations shall be
corrected within 24 hours. If violations are
not corrected within 24 hours,the establishment
shall immediately cease food service operations
until authorized to resume by the regulatory
authority.
(b) The inspection report shall state that
failure to comply with any time limits for
corrections may result in cessation of the food
service operations. An opportunity for appeal
from the inspection findings and time
limitations will be provided if a written
request for a hearing is filed with the
regulatory authority within ten days following
cessation of operation. If a request for a
hearing is received, a hearing shall be held
within 20 days of receipt of that request.
(c) Whenever a food service establishment is
required under the provisions of this rule to cease
operations, it shall not resume operations until such
time as a reinspection determines that conditions
responsible for the requirement to cease operations
no longer exist. Opportunity for reinspection shall
be offered within a reasonable time.
(5) INSPECTION REPORT FORM
An inspection report form based on the requirements
of these rules is appended.
D.EXAMINATION AND CONDEMNATION OF FOOD
Food may be examined or sampled by the regulatory
authority as often as necessary for enforcement of these
rules. The regulatory authority may, upon written notice
to the owner or person in charge specifying with
particularity the reasons therefor, place a hold order on
any food which it believes is in violation of Subsection
(a) of rule .003. or any other provision of these rules.
The regulatory authority shall tag, label, or otherwise
identify any food subject to the hold order. No food
subject to a hold order shall be used, served, or moved
from the establishment. The regulatory authority shall
permit storage of the food under conditions specified in
the hold order, unless storage is not possible without
.,r risk to the public health, in which case immediate
destruction shall be ordered and accomplished. The hold
03555
Ordinance No. 1329
Page 7
order shall state that a request for hearing may be filed
within ten days and that if no hearing is requested the
food shall be destroyed. A hearing shall be held if so
requested, and on the basis of evidence produced at that
hearing, the hold order may be vacated, or the owner or
person in charge of the food may be directed by written
order to denature or destroy such food or to bring it
into compliance with the provisions of these rules.
E. REVIEW OF PLANS
(1) Submission of Plans
Whenever a food service establishment is constructed
or extensively remodeled and whenever an existing
structure is converted to use as a food service
establishment, properly prepared plans and
specifications for such construction, remodeling, or
conversion shall be submitted to the Brazos County
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,
model, location and size of proposed fixed equipment
and facilities. The Brazos County Health Department
shall approve the plans and specifications if they
meet the requirements of these rules. No food
service establishment shall be constructed,
extensively remodeled, or converted except in
accordance with plans and specifications approved by
the regulatory authority.
(2) Pre - operational Inspection
Whenever plans and specifications are required by
Paragraph (1) of Subsection (E) of this rule to be
submitted to the Brazos County Health Department, the
Brazos County Health Department shall inspect the
food service establishment prior to its beginning
operation to determine compliance with the approved
plans and specifications and with the requirements of
these rules.
F. PROCEDURE WHEN INFECTION IS SUSPECTED
(1) When the regulatory authority has reasonable cause
to suspect the possibility of disease transmission from
any food service establishment employee, it may secure
morbidity history of the suspected employee or make any
other investigation as may be indicated and shall take
�4w appropriate action. The regulatory authority may require
any or all of the following measures:
Ordinance No. 1329
Page 8
(a) The immediate exclusion of the employee from all
food service establishments;
(b) The immediate closing of the food service
establishment concerned until, in the opionion of the
regulatory authority, no further danger of disease
outbreak exists;
(c) Restriction of the employee's services to some
area of the establishment where there would be no
danger of transmitting disease;
(d) Adequate medical
the employee, of other
body discharges.
(2) Foodhandler's Card
and laboratory examination of
employees and of his and their
Each person working in a food establishment, or
handling food, shall obtain a valid food handlers
permit. This permit is to be issued by the Brazos
County, Texas Health Department in accordance with
all requirements for such instruction and /or
examinations for disease as the health authority may
designate. The permit shall be valid for such a time
as the health authority may designate but not to
exceed four (4) years. The permit shall be kept on
file by the Brazos County Health Authority which
shall in turn issue to the foodhandler a card
attesting to the validity of the permit.
G. ENFORCEMENT PROVISIONS
(1) Penalties
Any person who shall violate any of the provisions of
this section shall be guilty of a misdemeanor and,
upon conviction thereof, shall be punished by a fine
of not more than two hundred dollars ($200.00). In
addition thereto, such persons may be enjoined from
continuing such violations. Each day upon which such
a violation occurs shall constitute a separate
violation.
(2) Repeal and Date of Effect
These rules
after their
law; and,
ordinances
repealed.
shall be in full force and effect 10 days
adoption and publication as provided by
at that time, all ordinances and parts of
in conflict with these rules are hereby
03557
Ordinance No. 1329
(3) Unconstitutionality Clause
Page 9
Should any section, paragraph, sentence, clause, or
phrase of these rules be declared unconstitutional or
invalid for any reason, the remainder of said rules
shall not be affected thereby.
PASSED AND APPROVED this 9th day of December, 1981.
APPRO
Gary Halter, MAYOR
ATTES
4 G enn Sch oe er, CITY SECRETARY