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HomeMy WebLinkAbout2016-3777 - Ordinance - 06/09/2016ORDINANCE NO. 2016-3777 AN ORDINANCE AMENDING CHAPTER 7, "HEALTH AND SANITATION", OF THE CODE OF ORDINANCES, CITY OF COLLEGE STATION, TEXAS, BY AMENDING SECTION 7-5, "FOOD ESTABLISHMENTS" TEXAS DEPARTMENT OF STATE HEALTH SERVICES, "RULES ON TEXAS FOOD ESTABLISHMENTS" 229 .161- 229.171 AND 229.173-229.175 , INTRODUCTION, AND REPEALING SECTION 7-8, "FOOD ESTABLISHMENT SANITATION" AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: PART 2: PART 3: That Chapter 7, "Health and Sanitation", of the Code of Ordinances, Section 7-5, "Food Establishments" A. Texas Department of State Health Services, "Rules on Texas Food Establishments" 229.161-229.171 and 229.173-229.175, Introduction, of the Code of Ordinances, City of College Station, Texas, be amended as set out in Exhibit "A" and Chapter 7, "Health and Sanitation'', of the Code of Ordinances, Section 7-8, "Food Establishment Sanitation" be repealed as set out in Exhibit "B'', attached hereto and made a part of this ordinance for all purposes. That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way affect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. Ordinance No. 2016-3777 PASSED, ADOPTED and APPROVED this 9t11 day of June, 2016. APPROVED: ATTEST: APPROVED: &t.# Page 2 of 4 Ordinance No. 2016-3777 Page 3 of 4 EXHIBIT "A" That Chapter 7, "Health and Sanitation", of the Code of Ordinances, Section 7-5, "Food Establishments" A. Texas Department of State Health Services, "Rules on Texas Food Establishments" 229.161-229.171and229.173-229.175, Introduction, of the City of College Station, Texas is hereby amended is to read as follows: Sec. 7-5. - Food Establishments. A. Texas Department of State Health Services, "Texas Food Establishments Rules" 25 Tex. Admin. Code 228. Introduction. The City adopts by reference and incorporates into this section and this ordinance 25 Tex. Admin. Code 228, also known as the "Texas Food Establishment Rules" as adopted by the Texas Department of State Health Services, Division for Regulatory Services, Environmental and Consumer Safety Section, as the regulations now exist and as hereafter amended. The word "municipality" in the regulations and this section shall be understood to refer to the City of College Station and the words "Regulatory Authority" in the said regulations and this section refer to the City of College Station or its authorized representative. The authorized representative for enforcement of this section and the regulations is the Brazos County Health District ("BCHD") and the City of College Station. One (1) certified copy of the regulations adopted in this ordinance shall be on file in the City Secretary's Office. Ordinance No. 2016-3777 Page 4 of 4 EXHIBIT "B" That Chapter 7, "Health and Sanitation", of the Code of Ordinances, Section 7-8, "Food Establishment Sanitation" is hereby repealed in its entirety. Sec. 7-8 -Repealed.