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HomeMy WebLinkAbout1977-1094 - Ordinance - 10/13/1977ORDINANCE NO. 1094 AN ORDINANCE AMENDING ORDINANCE NO. 515 DEFINING 'MILK" AND CERTAIN "MILK PRODUCTS,,, "MILK PRODUCER," "PASTEURIZATION," ETC,; PROHIBITING THE SALE OF ADULTERATED AND MISBRANDED MILK AND MILK PRODUCTS; REQUIRING PERMITS FOR THE SALE OF MILK AND MILK PRODUCTS; REGULATING THE INSPECTION OF DAIRY FARMS AND MILK PLANTS, AND THE EXAMINATION, LABELING, PASTEURIZATION, DISTRIBUTION, AND SALE OF MILK AND MILK PRODUCTS; PROVIDING FOR THE CONSTRUCTION OF FUTURE DAIRY FARMS AND MILK PLANTS, THE ENFORCEMENT OF THIS ORDINANCE, AND THE FIXING OF PENALTIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Section 3. Permits be amended to read as follows: Section 3. Permits - It shall be unlawful for any person who does not possess a permit from the health authority of the City of College Station to bring into, send into, or receive in the City of College Station or its police jurisdiction, for sale or to sell or offer for sale therein, or to have in storage any milk or milk products defined in this Ordinance: Provided, That, grocery stores, restaurants, soda fountains, and similar establishments where milk or milk products are served or sold at retail, but notprocessed, may be exempt from requirements of this section. Only a person who complies with the applicable requirements of this ordinance shall be entitled to receive and retain such a permit.. Permits shall not be transferable with respect to persons and/or locations. The health authority shall suspend such permit, whenever he has reason to believe that a public health hazard exists; or whenever the permit holder has violated any of the requirements of this ordinance; or whenever the permit holder has interfered with the health authority in the performance of his duties: Provided, That the health authority shall, in all cases serve upon the holder a written notice of intent to suspend permit, which notice shall specify with particularity the violation(s) in question and afford the holder such reasonable opportunity to correct such violation(s) as may be agreed to by the parties, or in the absence of agreement, fixed by the health authority, before making any order of suspension effective. A suspension of permit shall remain in effect until the violation has been corrected to the satisfaction of the health authority. Upon written application of any person whose permit has been suspended, or upon application within 48 hours of any person who has been served with a notice or intention to suspend, the health authority shall within 72 hours proceed to a hearing to ascertain the facts of such violation or interefernce and upon evidence presented at such hearing shall affirm, modify, or rescind the suspension. Upon repeated violation(s), the health authority may revoke such permit following reasonable notice to the permit holder and an opportunity for a hearing. This seciton is not intended to preclude the institution of court action as provided in Section 5 and 6. All persons, firms, corporation, or agents engaged in the production for sale, transportation, handling, serving, selling, or offering for sale of milk or milk products, or simulated dry milk products in the City of College Station, shall make application annually for a permit on forms supplied by the Health Officer, on or before the first (1st) day of July of each year, or at such other times as a new dairy farm, milk plant, or place begins the production for sale, handling, serving, transportations, selling or offering for sale or milk and milk products in the City of College Station, and the r� applicant for such permit shall answer to the best of his or her knowledg093, �� Cs ORDINANCE NO. 1094 Page 2 all questions asked on such form, and at the time of making such application said applicant shall pay to the City of College Station or its agent receiving the same, the following fees, which shall be for one complete fiscal year from July first (1st) to June thirtieth (30th) both inclusive, any part thereof, to -wit: FEES: (a) If the applicant produces, hauls, receives or sells milk or milk products for pasteurization or manufacturing purposes, but does not place same in final delivery container a fee of Five Dollars ($5.00). (b) If the applicant processes or pasteurizes milk or milk products and places them in their final delivery container, a fee of One Hundred Dollars ($100.00). (c) All permits provided herein may be obtained on a prorate basis. In the case that two or more of the above conditions exist the permit fee shall be based on the condition requiring the greatest fee. (d) All fees collected under the provisions of this ordinance shall be deposited to the General Fund Account of the City of College Station and shall be drawn upon the Director of Finance pursuant to appropriations duly made for the sole purpose of defraying the cost of enforcing the provisions of this ordinance, which cost shall include on the salaries and necessary expenses of the Sanitary Engineer, Supervisor of Milk Sanitation, Sanitarians, Sample Collectors, Bacteriologist -chemists, Technicians, Supervisors, Veterinarians, Auditors, Clerks, and Stenographers actually engaged in the enforcement of this ordinance, and the cost of such equipment and supplies as may be required in connection therewith. PASSED AND APPROVED this the 13th day of October, 1977. ATTEST City Secretary r,��r AP^OVED C_ Mayor