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HomeMy WebLinkAbout2000-2423 - Ordinance - 01/13/2000ORDINANCE NO. 2423 AN ORDINANCE AMENDING CHAPTER 7, "HEALTH AND SANITATION", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMEND- ING CERTAI~ SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 7, "Health and Sanitation", of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibits "A-I" and "A-2", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: 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 aider its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 13th day of January, 2000. ATTEST: t ~ ~0~ HOOKS, City Secretary APPROVED: LYNNr I~IciLHANEY, Mayor APPROVED: City Attorney Ordinance No. 2423 Page 2 EXHIBIT A-1 That Chapter 7, Section 5, is hereby amended by deleting subsection "G" in its entirety. That Chapter 7, Section 5, is hereby amended to read as follows: "SECTION 5: FOOD ESTABLISHMENTS A. TEXAS DEPARTMENT OF HEALTH. DIVISION OF FOOD AND DRUGS, "RULES ON TEXAS FOOD ESTABLISHMENTS 229.161 - 229.171 and 229.173 - 229.175". Bo 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; regulating the sale of food from mobile food units; and the enforcement of this ordinance shall be regulated in accordance with the Texas Department of Health, Division of Food and Drugs 'Rules on Texas Food Establishments 229.161 - 229.171 and 229.173 - 229.175", which on this date are hereby adopted by reference, three certified copies of which shall be on file in the office of the City Secretary, and the guidelines provided by the Texas Department of Health for the regulation of mobile shrimp vendors in accordance with Chapter 431 'Texas Food, Drug and Cosmetic Act," Health and Safety Code which on this date is hereby adopted by reference: Provided, that the words "municipality of in said ordinance shall be understood to refer to the authority" 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 College Station or its authorized representative. The authorized representative for enforcement of this ordinance shall be the Brazos County Health Department and the City. 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 caertificate. 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 (a) Any person desiring to operate a food service establishment shall make wdtten 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 appli- cant 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 application is for a temporary food service establishment, it shall also include the inclusive dates of the proposed operation. Permits shall be renewed 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 previsions of this section. When inspection reveals that the applicable requirements of this O/group/legal/ordmance~/chap 7rdoc. 0]/27/00 Ordinance No. 2423 Page 3 (b) section have been met, a permit shall be issued to the applicant by the City of College Station as set by City Council resolution. The application for a renewal permit and the accompanying fee must be received by the Brazos County Health Department, on or before February I of the calendar year for which the permit is sought. If such application and fee are not received by the date herein specified, Brazos County Health Department may charge the food service establishment up to an additional 20% of the fee due and owing as a late penalty for failure to comply with the requirements of subsection (a), above. The charging of such late fee will have no effect on the City's right to seek criminal penalties permitted by the enforcement provision of this ordinance. (4) SUSPENSION OF PERMIT (a) (b) 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 does not comply with the require- ments 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 twenty (20) days of receipt of a request for a hearing. 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 sus- pended 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 (10) days. If no written request for hearing is filed within ten (10) days, the suspension is sustained. The regulatory authority may end the suspension at any time if reasons for suspension no longer exist. 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 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, 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 (10) 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 (10) day period. If no request for hearing is filed within the ten (10) day period, the revocation of the permit, license, or certificate becomes final. 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. O/£roup/legal/ordmances/chap 7rdoc. 01/27/00 Ordinance No. 2423 Page 4 (6) HEARINGS 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 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. INSPECTIONS (1) INSPECTION FREQUENCY An inspection of a food service establishment shall be performed at least once every six (6) 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 in the inspection report form set out in Parag.raph (5) of Subsection (C) of this rule. The inspection report form shall summarize the re- quirements of these rules and shall set forth a weighted point value for each re- quirement. Inspection 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 provi- sions: (i) If an imminent health hazard exists, such as complete lack of re- frigeration 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 immediately, but in no circumstances shall the corrections take longer O/group/legal/ordinancez/chap 7rdoc. 01/27/00 Ordinance No. 2423 Page 5 than twenty-four hours. Within fifteen (15) days after the inspection, the holder of the permit, license, or certificate shall submit a written report to the regulatory authority statin.g that the 4- or 5-point violations have been corrected. A follow-up ~nspection shall be conducted to confirm correction. (iii) (iv) (v) All violations of 3- point weighted items shall be corrected as soon as soon as possible, not to exceed ten (10) days following inspection. 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. When rating score of the establishment is less than 60, the estab- lishment shall initiate corrective action on all identified violations within forty-eight (48) hours. One or more reinspections will be conducted at reasonable time intervals to assure correction. (b) (v0 In the case of temporary food service establishments, all violations shall be corrected immediately upon notification of violation. If violations are not corrected immediately upon notification, the establishment shall immediately cease food service operations until authorized to resume by the regulatory authority. 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 (10) days following cessation of operation. If a request for a hearing is received, a hearing shall be held within twenty (20) days of receipt of that request. 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 exists. Opportunity for reinspection shall be offered within a reasonable time. INSPECTION REPORT FORM (Ordinance states "An inspection report form based on the requirements of these rules is appended.") FOLLOW UP PROCEDURE (a) A follow up inspection shall be conducted within forty-eight (48) hours of when the following violations are noted: (i) (il') (iii) (iv) (v) (vi) (vii) (viii) (x) (xi) (xii) Lack of potable water. Inadequate refrigeration. Sewage back-up. Inadequate sanitation (score of 69 or below) Lack of hot water. Interruption of electricity or water. Misuse of poisonous/toxic chemicals. On-set of an apparent food borne disease outbreak. Fire/flood. Failure to exclude infectious employee. Three or more consecutive violations of the same nature. Other conditions that affect public health. O/group/legal/ordtnanc~s/chap 7rdoc. 01/27/00 Ordinance No. 2423 Page 6 (b) (c) Any of the foregoing violations constitute a substantial health hazard and may result in immediate suspension of a permit pending resolution of the violation(s). If the follow up fee is not paid within thirty days to the Brazos County Health Department, it may charge the food service establishment up to an additional 20% of the fee due and owing as a late penalty for failure to comply. The charging of such late fee will have no effect on the City's dght to seek criminal penalties permitted by the enforcement provision of this ordinance. PENALTY FOR VIOLATION (a) Any person who violates any section of this ordinance is guilty of a misdemeanor and upon conviction is punishable in accordance with Chapter 1, Section 5, of the Code of Ordinances, City of College Station, Texas. 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. (b) The following fees shall be assessed upon each violation as sat forth in this Chapter. These fees may be reviewed periodically by the City Council and set upon current needs. Food Establishment Permits: Food Service Permit Food Service Follow-up Inspections Plan Review Temporary Food Permits Foodhandler Registration Certified Food Manager Registration $200.00 $100.00 N/C $ 55.00 $ 15.00 $ 10.00 (ii) On-Site Sewage Facilities Program: Single Family Dwellings Permits Commercial/Multi-family Housing Reinspection Fee Ten Year Renewal Fee Real Estate OSSF Inspections Expedite Fee for Real Estate Inspection Valid Complaint Follow-up $200.00 $400.00 $ 25.00 $ 6o.oo $200.00 $100.00 $100.00 (iii) Day Care/Foster Car Facilities: Inspections of Day Care Facilities Inspections of Foster Care Facilities $ 50.00 $130.00 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 risk to the public health, in which case immediate destruction shall be ordered and accomplished. The hold order shall state that a request for O/group/legal/ordtnance~/chap 7rdoc. 01/27/00 Ordinance No. 2423 Page 7 Fo hearing may be filed within ten (10) 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. 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 ac- cordance 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 Brezos 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. PROCEDURE WHEN INFECTION IS SUSPECTED O) 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 appropriate action. The regulatory authority may require any or all of the following measures: (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 opinion 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 other employees and of his and their body discharges. Foodhandler's Card Each person working in a food establishment, or handling food, shall obtain a valid foodhandler's permit. It is an offense for an employee to begin to work or for an employer to hire any person who does not have a permit by the first day of employment. This permit is to be issued by the Brazos County, Texas Health Department in accor- dance 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 tum issue to the foodhandler a card attesting to the validity of the permit. Olgroup/legal/ordmancz~/chap Trdov. 01/27100 Ordinance No. 2423 Page 8 (3) Food Manager Certification (a) Within one hundred twenty (120) days of the effective date of this Ordinance, a food service establishment shall employ at least one person who is a full-time, on-site supervisory employee who is responsible for food preparation and service and who has a valid and current food manager certificate of registration issued by the regulatory authority. (i) A food service establishment is in compliance with this section if there is one full-time registered food manager employed in a supervisory capacity. (ii) Food service establishments that serve, sell, or distribute only prepackaged foods, non-potentially hazardous foods or beverages, and temporary food service establishments are exempt from the provisions of this section. (b) If a food service establishment cannot meet the requirements of paragraph (3)(a)(i) above because of the termination or permanent transfer of a registered food service manager, the food service establishment shall: (i) Notify the regulatory authority in writing within ten (10) days of the effective date of termination or permanent transfer of the registered food manager; and (ii) Employ another registered food manager or employ a manager currently attending the manager certification course within twenty (20) days of the effective date of termination or permanent transfer of the previous regis- tered food manager. The regulatory authority shall issue a food manager certificate of registration to any person who submits the required application, pays the required fee, and provides evidence of completion of the food manager certification course. The food manager certification course shall meet the following minimum criteria: (i) The course shall be taught by a person adequately trained in sanitary food handling who (1) is a registered professional sanitarian in the State of Texas or is registered by the National Environmental Health Association; or (2) possesses an eamed four-year (or greater) college degree in the life sciences, food science or nutrition; or (3) has a combination of formal education and experience which meets the approval of the regulatory authority. (ii) The course shall be taught in a formal classroom setting for a minimum of fifteen (15) instructional hours. (iii) The course shall require completion of a thorough examination with a score of seventy percent (70%) or greater accepted as passing. The examination may be taken no more than two (2) times unsuccessfully before the applicant is required to repeat the course. (iv) The course curriculum shall include the following topics: Food temperature requirements, types of food-borne illnesses, prevention of food-borne illnesses, food microbiology, infectious diseases trans- mittable through food, disease reporting, prevention of contamination, vermin control, approved food sources, and personal hygiene of food handlers. O/group/lzgal/ordmances/chap 7rdoc. 01/27/00 Ordinance No. 2423 Page 9 (d) (e) (g) Persons successfully completing the course shall be given a written document of certification by the course provider for registration by the regulatory authority. Term, evidence of, and transfer of registration. (i) A food manager certificate of registration expires three (3) years from the date of issuance unless revoked sooner by the regulatory authority. (ii) (iii) The food manager certificate of registration issued by the regulatory authority shall be posted in clear view of customers while the registered food manager is on duty at a food service establishment. A food manager certificate of registration may be renewed for a subsequent three-year period if the applicant (1) submits an application for renewal within thirty (30) days before expiration of the current registration, (2) pays to regulatory authority the required fee, (3) provides evidence that within the six (6) months prior to submitting the application for renewal he has attended a food manager certification course approved by the regulatory authority or received a passing score on a national examination for certification of food managers that meets requirements of the United States Food and Drug Administration and the Texas Department of Health. (iv) A food manager certificate of registration is not transferable. Registration or renewal denial; Registration revocation. The regulatory authority may refuse to issue or renew a food manager certificate of registration or may revoke a food manager certificate of registration if the applicant or holder (1) has been convicted of interfering with the lawful inspection of a food service establishment, (2) makes a false statement of material fact in the application for registration or renewal of registration, or (3) was employed as a food manager of an food service establishment where the establishment's food service permit was suspended two (2) or more times within a two (2) year period or where the establishment's food service permit was revoked. Appeal of denial or revocation. The decision of the regulatory authority to deny issuance or renewal or to revoke a food manager certificate of registration may be appealed within ten (10) days of the denial or revocation. A hearing before the Zoning Board of Adjustment will be provided at the eadiest available time. The fees for obtaining or renewing a food manager certificate of registration and for replacing a lost, stolen, or damaged certificate of registration shall be set from time to time by City Council Resolution. O/group/l~gal/ordtnances/chap 7rdoc. 01/27/00 Ordinance No. 2423 Page 10 Exhibit A-2 That Chapter 7, Section 8, is hereby amended by changing the title of the Section from "Retail Food Store Sanitation" to "Food Establishment Sanitation." That Chapter 7, Section 8, is hereby amended by deleting sub-section "H" in its entirety and by renumbering sub-section "1" as sub-section "H." "H. Enactment Provisions. (1) Excections. (a) Building facilities and equipment. Building facilities and equipment in use before the effective date of these rules and which do not meet fully all of the design and fabrication requirements of these rules shall be acceptable if they are in good repair, capable of being maintained in a sanitary condition, and the food-contact surfaces (if any) are in compliance with this section of the Code. (b) New building facilities and new equipment. New building facilities and new equipment for which contractual obligations are incurred before the effective date of these rules, and which do not fully meet all the design and fabrication requirements of these rules shall be acceptable if they are capable of being maintained in a sanitary condition and the food-contact surfaces (if any) are in compliance with the definition of safe materials in SECTION A.2. of this title (relating to General Provisions). (2) Seoarabilitv. If any provision or application of any provision of these rules is held invalid, that invalidity shall not affect other provisions or applications of these rules." O/group/legal/ordtnance~/chap 7rEoc. 01/27/00