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HomeMy WebLinkAbout2015-3628 - Ordinance - 01/22/2015 ORDINANCE NO. 2015-3628 AN ORDINANCE AMENDING CHAPTER 7, "HEALTH AND SANITATION", OF THE CODE OF ORDINANCES, CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS 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: That Chapter 7,"Health and Sanitation",of the Code of Ordinances,City of College Station, Texas, be amended as set out in Exhibit "A", 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 ($2000.00). 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. • na PASSED, ADOPTED and APPROVED this 2 day of ligt„ r� , , 2015. I APPROVE 0: MAYO ATTEST: City Secreta 1 4AP OVED: City - ttorney EXHIBIT "A" That Chapter 7, "Health and Sanitation", Section 7-5, "Food Establishments", Subsection B(2) "Issuance of permit" of the Code of Ordinances, City of College Station, Texas, is hereby amended, by adding subsection (c) as set out hereafter to read as follows: (c) If an establishment is found to be operating without a permit, the establishment must immediately close operations until such time as a permit may be issued by the Regulatory Authority. A re-inspection fee, as determined by the Board of Health, may be charged to the establishment. That Chapter 7, "Health and Sanitation", Section 7-5, "Food Establishments", Subsection E "Suspension of permit" of the Code of Ordinances, City of College Station, Texas, is hereby amended in its entirety as set out hereafter to read as follows: E. Suspension of permit. (1) The Regulatory Authority may without warning, notice, or hearing suspend any permit to operate a food establishment if the holder of the permit or person in charge or the operation of the food establishment: (a) does not comply with the requirements of this section; and (b) the operation of the food establishment otherwise constitutes an immediate hazard to public health. Suspension is effective upon service of the notice required by subsection G. of this section. When a permit is suspended, food operations shall immediately cease. Unless otherwise provided in this section, within one (1) calendar year, the first permit suspension will result in a mandatory twenty-four-hour closure. The second permit suspension will result in a seventy-two-hour mandatory closure. After a third permit suspension within a twelve (12) month period the permit will be revoked, and the owner may seek a hearing as set forth in Section H. hereof or apply for a new permit. If granted, the owner must pay the yearly fee plus the re-inspection fee, and pass an opening compliance inspection, meeting all requirements as outlined in this ordinance. (2) Whenever a permit is suspended, the holder of the permit or the person in charge shall be notified in writing that the permit is, upon service of the notice, immediately suspended and notified of the right to appeal such suspension as provided in subsection H. If no written request for the hearing is filed within ten (10) days of the service of notice, the suspension is sustained. The Regulatory Authority may end the suspension at any time if reasons for suspension no longer exist. (3) Whenever a food establishment's permit is suspended, a re-inspection fee shall be invoiced. The establishment shall not resume operations until such time as a re- inspection determines that conditions responsible for the suspension no longer exist. (4) Failure to pay any and all permit fees,re-inspection fees, late charges and any other fees owed to the Regulatory Authority when due may result in a permit suspension until such time as all fees and/or late charges have been paid.