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HomeMy WebLinkAboutOrdinance 1963 ORDINANCE NO.1 963 Be it ordained by the City Council of North Richland Hills, Texas, that: ARTICLE 1. PREAMBLE WHEREAS, THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HAS DETERMINED THAT THE REGULATION TO FOOD SERVICE ESTABLISHMENTS IS NECESSARY FOR THE HEALTH, SAFETY AND WELFARE OF THE INHABITANTS OF THE CITY. IT IS THEREFORE ORDAINED THAT AN ORDINANCE REGULATING THE ESTABLISHMENT OR OPERATION OF FOOD SERVICE ESTABLISHMENTS, REQUIRING A PERMIT, LICENSE OR CERTIFICATE PRIOR TO AND DURING OPERATION, REQUIRE TRAINING FOR MANAGERS AND EMPLOYEES OF FOOD SERVICE ESTABLISHMENTS AND PROVIDING A PENALTY FOR VIOLATION OF ANY PROVISION OF THIS ORDINANCE BE ADOPTED. ARTICLE 2. STATE SANITATION REGULATIONS ADOPTED SECTION 1. The State of Texas Department of Health, Division of Food and Drugs, "Rules on Retail Food Store Sanitation," (T.AC.229.231- 229.239), as adopted by the State Board of Health, effective August 17, 1985, and as amended thereafter are hereby referenced and adopted as part of this Ordinance. SECTION 2. The State of Texas Department of Health, Division of Food and Drugs, "Rules on Food Service Sanitation," (T.AC. 229.161- 229.171) as adopted by the State Board of Health, effective November 30, 1977, and as amended thereafter are hereby referenced and adopted as part of this Ordinance. ARTICLE 3. DEFINITIONS When used in the ordinance the following words and terms, unless the context indicates a different meaning, shall be interpreted as follows: A Adopted by Reference: All definitions included in the regulations adopted in Article 2, Section 1 and 2. B. City Environmental Services Inspector: Environmental Services Inspector of the Environmental Services Department of the City of North Richland Hills or his/her designee. 1 C. Council: The City Council of the City of North Richland Hills, Texas. D. Employee: Any person working in a food service establishment including individuals having supervisory or management duties. E. Food: Any raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use either in whole or in part, for human consumption. F. Food Establishment: Any place which offers, produces, or stores food for consumption in single or larger portions or quantities, including but not limited to food service establishments, retail food stores, food processing establishments, commissaries, warehouses and food itinerants whether such operations be mobile or operate from a fixed location; and whether there is a charge of a direct and/or indirect nature or said food is given away without a charge. This term does not apply to the following: (1) Private homes where food is prepared, served, or stored for individual family consumption. (2) Religious organizations that serve their own membership and immediate guests and other structured groups of persons who gather occasionally for fellowship and society that provide the food from amongst their membership. For the purpose of assessing permit fees the term does not include the following operations and/or establishments, provided that the operations of the former do not expose the public to a substantial and imminent health hazard as determined by the City Environmental Services Inspector or his/her authorized representative. (3) Temporary food establishments which operate at a fixed location for a period of time not to exceed forty- eight (48) hours in conjunction with a single event or celebration provided that such temporary food establishments are both owned and operated by non- profit organizations based within the City. 2 (4) Concession stands, which operate at a fixed location in conjunction with scheduled, community-based sporting or recreational events provided: (a) Such establishments are both owned and operated by nonprofit organizations based within the City. (b) The preparation and serving of potentially hazardous food shall be restricted to only those pre-cooked, potentially hazardous food products requiring limited preparation such as heating, seasoning, and serving. (c) This restriction does not apply to any prepackaged, potentially hazardous food product that has been properly prepared and packaged in accordance with all Texas Department of Health and local requirements and is properly stored, handled, and served in the unopened, original package from said concession stands. (5) Establishments which handle only fresh, unprocessed fruits, nuts, and vegetables whether such establishments operate from a fixed location or are mobile in nature. G. Health Department: Environmental Services Department of the City of North Richland Hills. H. Mobile Food Itinerant: Any place of a mobile nature which offers food for consumption in a single or larger portions or quantities, including but not limited to fruit or vegetable stands, and including food sales from vehicles, and any other mobile facility. All rules applying to mobile food units, as defined herein, shall apply to this classification. I. Mobile Food Unit: A vehicle-mounted food service establishment or a food service establishment pulled behind a vehicle to be readily moveable. J. Potentially Hazardous Food: Any food that consists in whole 3 SECTION 1. SECTION 2. or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacean or other ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxicogenic microorganisms. K. Regulatory Authority. The Environmental Services Department of the City of North Richland Hills. L. Reinspection: Inspection to determine compliance prior to closure or suspension of permit due to imminent health hazard or gross non-compliance with applicable health regulations. M. Rules and Regulations: "Rules on Food Service Sanitation" of the Texas Department of Health, Division of Food and Drugs. A copy of those rules are attached hereto and made a part hereof. Such Rules and Regulations are adopted and shall be in full force and effect within the City limits of North Richland Hills, Texas. N. Seasonal Food Service: An establishment which operates for no more than four (4) consecutive months (one hundred and twenty (120) days) in a twelve month calendar year, and is restricted to non-potentially hazardous food. O. Temporary Food Service: An establishment which operates for no more than fourteen consecutive days. ARTICLE 4. COMPLIANCE PROCEDURES Compliance Required: It shall be unlawful for any person or firm to operate any food establishment as defined in Article 3, above within the corporate limits of the City of North Richland Hills, Texas unless such operation is done in conformance with the requirements of this ordinance. Authority of Issue Permits: The City Environmental Services Inspector or his/her authorized representative is hereby authorized to issue a permit to any person or firm making application for a food establishment permit in the City of North Richland Hills provided that the person or firm that complies with the requirements of this ordinance shall be entitled to receive and retain such permit. 4 SECTION 3. SECTION 4. Permit Required: It shall be unlawful for any person or firm to operate a food establishment without a permit. Application for Permit: A Application for such permit as required in this Article in Section 3 shall be made in writing to the City Environmental Services Inspector or his/her authorized representative upon forms prescribed and furnished by the City of North Richland Hills. B. Plans and specifications review are required as follows: (1) Prior to construction, extensive remodeling or conversion of an existing structure to be used as a food establishment, a complete set of plans and specifications for review under the building code and administratively coordinated and made available to the fire marshal and the Environmental Services Inspector or his/her authorized representative for review under the provisions of the fire code and this article, and no construction of a food establishment shall take place nor will a building permit be issued prior to the approval of the submitted plans and specifications by the specified City Officials. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, and construction materials or work areas, and the type of make of proposed fixed equipment and facilities. Construction according to the specifications which have therefore been submitted and approved by the City Environmental Services Inspector or his/her authorized representative must be commenced within six (6) months of the said approval date and completed within twelve (12) months of commencement, or the plans must be resubmitted for plan review and being subject to current City requirements. (2) Projects which at the time of approval are of such size or which are planning to use equipment that cannot be delivered and installed within this eighteen (18) months may apply to the City Environmental Services 5 SECTION 5. Inspector for a waiver of this review at the time of original submission, but not thereafter. (3) Whenever plans and specifications are required to be submitted to the City, the City shall inspect the food establishment prior to its beginning operations to determine compliance with the approved plans and specifications and with the requirements of the ordinance. Issuance of Permit; Transferability; Terms; Penalties; Categories. A The City Environmental Services Inspector or his/her authorized representative shall issue a permit if he/she determines that: (1) The technical review of plans and specifications are in compliance with applicable laws and this ordinance and, (2) The fee in this Article, Section 6, and all other applicable fees have been paid and, (3) By means of physical inspection, the food establishment is determined to be in compliance with this ordinance. B. Every permit issued under the provisions of this Article shall be non-transferable. A food establishment shall permit the operation of the establishment only at the location for which granted. C. Any permit granted under the provisions of this Article shall remain in full force and effect for the term allowed according to permit category and type as defined in this section unless sooner suspended and/or revoked for cause, and shall be displayed in a conspicuous place for inspection by the City Environmental Services Inspector or his/her authorized representative. D. Any food establishment that fails to renew any permit issued under the provisions of this Article by the expiration date of said permit and continues to operate without a valid permit 6 SECTION 6. shall be assessed twenty-five ($25.00) dollars for each day of operation of that establishment, plus any other penalties provided in this Article. Such assessments and/or penalties shall be paid along with the required permit fees before a valid permit will be reissued. E. Permit Categories are authorized as proved herein: (1) Food Service Establishment (2) Food Store (3) Food Service within a Food Store (4) Mobile Food Itinerant (5) Mobile Food Unit F. Permit Types for each former category are authorized as provided herein: (1) Annual Permit: 12 months term length (2) Seasonal Permit: 4 consecutive months, not to exceed one hundred and twenty (120) days in length. (3) Temporary Permit: Up to fourteen (14) consecutive days in length. G. Certificate categories: (1) Food Service Manager (2) Food Service Employee Permit Fees. A. Before a permit is issued, an applicant shall pay the fee(s) as required in this Article_except those operations and/or establishments specified in Article 3, Section F (3), (4), and (5). B. The following fees shall be due and payable on October first 7 SECTION 7. SECTION 1. (1 st) of each calendar year: (1) Food Service Establishments with one (1) to five (5) employees: One Hundred and fifty dollars ($150.00) (2) Food Service Establishments with six (6) to twenty (20) employees: Two hundred and fifty dollars ($250.00) (3) Food Service Establishments with twenty-one (21) or more employees: Three hundred dollars ($300.00) (4) Temporary Food Service Establishment: Fifty dollars ($50.00) (5) Seasonal Permit: One hundred dollars ($100.00) (6) Reinspection: One-half (1/2) the cost of one inspection. (7) Mobile Food Unit: One hundred dollars ($100.00) for the first vehicle and fifty dollars ($50.00) for each additional vehicle from the same establishment. C. Applicable fees may be prorated up to fifty percent (50%) for permits issued on or before the first (1 st) day of April. Permits issued after the first (1 st) day of April shall require fifty percent (50%) of the annual designated fee. Permit shall expire on the 30th day of September of each year. Certificate Fees. A. Food Service Manager: Ten dollars ($10.00) B. Food Service Employee: Ten dollars ($10.00) ARTICLE 5. INSPECTIONS Enforcement Authority; Inspections, Report of Inspections. A The City Environmental Services Inspector or his/her 8 authorized representative is authorized to enter upon any private property and to enter any establishment, subject to the provisions of this Article for the purpose of determining compliance with this ordinance and for the purpose of determining the identity of the owner, operator, manager or supervisor thereof and all persons employed therein. B. Before a permit is issued, the City Environmental Services Inspector or his/her authorized representative shall inspect and approve the food establishment areas to be used. An inspection of a food establishment may be performed at least once every six (6) months. Additional inspections of the food establishment shall be performed as often as necessary . C. Whenever an inspection of a food establishment is made the findings shall be recorded on an inspection report. The inspection report shall summarize the requirements of the ordinance and shall set forth a weighted point value for each requirement. 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 one hundred (100). A copy of the inspection form shall be furnished to the person in charge of the establishment at the time of the conclusion of the inspection. The completed inspection report form is a public document that shall be available for public disclosure to any person who requests it according to law. D. Refusal of an owner, manager or employee to allow the City Environmental Services Inspector or his/her authorized representative, upon presentation of credentials, to inspect any permitted business or operation therein during normal business hours will result in an immediate suspension of the permit, requiring all permitted activities to abate until after the hearing required in Section 2-D (1) of this Article. Nothing herein or therein shall require notice of suspension of this violation. E. In the event that the City Environmental Services Inspector or his/her authorized representative should have cause to believe that a business required to be permitted under this 9 SECTION 2. Article is operating without a permit (or has failed to renew a permit) and refuses entry, during normal business hours, then the City Environmental Services Inspector or his/her authorized representative may apply to the North Richland Hills Municipal Court for an inspection warrant of the suspect premises upon the filing of a probable cause affidavit and compliance with the Texas Code of Criminal Procedure. If an inspection warrant is granted by the Municipal Court, the City Environmental Services Inspector or his/her authorized representative may be assisted in service thereof by the North Richland Hills Police Department or such other law enforcement agencies as are deemed necessary to obtain entry. F. The City Environmental Services Inspector or his/her authorized representative may also be accompanied during inspection by the Building Official and/or Fire Marshal of the City of North Richland Hills or his/her designee. Correction of Violations; Suspension of Permit; Revocation of Permit. A Enforcement procedures: The City Environmental Services Inspector or his/her authorized representative may establish enforcement procedures to insure compliance with this ordinance and which are consistent with the regulations adopted herein, including, but not limited to, written warnings, compliance time limits, permit suspensions and permit revocation. B. Inspections: 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: (1) If an imminent health hazard exists, such as complete lack of sanitization, refrigeration or sewage backup into the establishment, then all food sales and/or service operations shall cease immediately. Operations shall not be resumed until authorized in writing by the regulatory authority following inspection. A closure sign shall be posted by an 10 Environmental Services Inspector or his/her authorized representative; said closure sign shall not be removed, tampered with or obstructed from public view. The Environmental Services Inspector is the only person authorized to remove the sign once it has been posted in accordance with this ordinance. (2) All violations of four or five point weighted items shall be corrected within a time specified by the regulatory authority, but in any event, not to exceed ten (10) days following the inspection. Within fifteen (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 four or five point weighted violations have been corrected. A follow-up inspection shall be conducted to confirm correction. (3) All one or two point weighted items shall be corrected within a time specified by the regulatory authority, but in any event, by the time of the next routine inspection. (4) When the rating score of the establishment is less than sixty (60), all food sales and/or food service operations shall cease immediately._ The establishment shall initiate corrective action on all identified violations within forty-eight (48) hours. Operations shall not be resumed until authorized in writing by the Environmental Services Inspector following reinspection. _One (1) or more reinspections will be conducted at reasonable time intervals to assure correction and such reinspection shall be subject to the fee schedule authorized by this ordinance. _A closure sign shall be posted by an Environmental Services Inspector or his/her authorized representative; said closure sign shall not be removed, tampered with or obstructed from public view. The Environmental Services Inspector is the only person authorized to remove the sign once it has been posted in accordance with this ordinance. (5) In the case of temporary food establishments, all violations shall be corrected within a time specified by 11 the regulatory authority, but in any event, not to exceed twenty four (24) hours following the inspection. C. Reinspection (1) To determine corrected imminent health hazards as defined in the regular semiannual inspection. (2) To determine compliance with plan review after initial inspection and prior to issuance of permit. D. Compliance with inspection report: The inspection report shall state that failure to comply with any time limits for correction may result in cessation of food sale and/or service operations. An opportunity for a formal administrative hearing is provided for in Section 2-D and E of this Article. E. Suspension of permit: (1) The City Environmental Services Inspector or his/her authorized representative may, without notice or hearing, suspend any permit authorized herein if the holder of this permit does not comply with the requirements of the ordinance, or if the operation otherwise constitutes a substantial hazard to the public health. Suspension is effective upon service of the notice as required in Section 3 of this Article. When 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 notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the City by the holder of the permit, within ten (10) days. The permit holder shall be afforded a hearing within ten (10) days of the date on which the City is in receipt of the written request for said hearing. (2) If the permit holder or the person in charge does not file a written request for a hearing with the City within ten (10) days of the notice of suspension then the suspension is sustained. The City may end the 12 SECTION 3 SECTION 4 suspension at any time if the reason for suspension no longer exists. (3) Whenever a food establishment is required under provision of this Article to cease operation, 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. F. Revocation of permit: The City Environmental Services Inspector or his/her authorized representative may, after providing opportunity for a hearing as specified in Section 2- D, revoke a permit for serious or repeated violations of any of the requirements of this Article or for interference with the City's enforcing authority in the course of his/her duties. The City shall notify the holder of the permit or person in charge, in writing, of the reason for which the permit is subject to revocation and that the permit 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 within the ten (10) day period, the revocation of a permit becomes final. Whenever a revocation of a permit has become final, the holder of the revoked permit may make written application for a new permit. Service of Notice: A notice provided for in this Article is properly served when it is delivered to the holder of the permit or 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 or is hand delivered to the person in charge of the establishment at the time of delivery. A copy of the notice shall be filed in the records of the City of North Richland Hills. Hearings: The hearing provided for in this article shall be conducted by the Board of Appeals of the City at the time and place designated by said Board. Based upon the evidence introduced at such hearing the Board of Appeals shall enter its order which shall sustain, reverse or modify the action of the City Environmental Services Inspector in connection with the permit. The Board of Appeals will cause the order of the Board to be furnished to the appellant by the Environmental Services Inspector 13 SECTION 5 SECTION 6 within forty-eight (48) hours of the issuance of the said order and decision of the Board. Examination and condemnation of food: Food samples may be examined or taken for analysis by the City Environmental Services Inspector or his/her authorized representative as often as necessary for enforcement of this Article and may, upon written notice to the owner or person in charge specifying with particularity the reasons thereof, place a hold order on any food which is believed to be in violation of any portion of this ordinance, and 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 removed from the establishment until the vendor of such food has furnished proof of the wholesomeness of the food product to the City Environmental Services Inspector or his/her authorized representative. The City 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 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 notice to denature or destroy such food or bring it into compliance with the provisions of this Article. All costs accruing from such removal thereof shall be borne and paid for by the owner thereof. Equipment and Utensils; Design and Fabrication A Residential refrigerators, freezers, and ranges are not approved for use in commercial food service establishments or food stores. Only equipment or utensils that meet or exceed the standards of the National Sanitation Foundation (NSF) will be approved. B. An exception to the former equipment requirements may be made with written approval of the City Environmental Services Inspector or his/her authorized representative for the following establishments or operations. (1) Food establishments that will operate only under a 14 SECTION 7 SECTION 8 temporary permit. (2) Mobile food establishments. (3) Child care facilities licensed for up to twelve (12) children by the Texas Department of Human Resources. Equipment Installation and Location: Auxiliary equipment such as water heaters, remote connected refrigerator compressors, and the central units of equipment used to treat the air by either heating, cooling, or otherwise conditioning the air must be located outside food preparation areas. Sanitary Facilities and Equipment A Lavatories: Lavatories shall be separate facilities from sinks used for food preparation or utensil washing. Such facilities located in the food preparation areas of food establishments shall be equipped with hot and cold, potable water under pressure and metered by a mixing valve. B. Lavatory Supplies: If hand drying devices providing heated air are provided they may only be used in restrooms. A sanitary dispenser containing hand cleaner shall be provided at each restroom lavatory. Sanitary disposable towels shall be provided in a dispenser conveniently located near each lavatory in food preparation areas. C. Toilet Facilities: (1) All new or extensively remodeled food service establishments within the City in which food served to the customer is intended to be consumed on the premises shall be equipped with separate toilet facilities for men and women and shall comply with all requirements of the City Plumbing Code. (2) Toilet facilities shall be located within the food service establishment and will provide the customer of said establishment direct and easy access to the establishment toilet facilities from the dining area without having to go either outside the establishment, 15 SECTION 9 or through the food preparation area. D. Cleaning Physical Facilities: In all new or extensively remodeled food service establishments or food stores, at least one utility sink or curbed floor drain supplied with hot and cold water under pressure by means of a mixing valve or combination faucet, shall be provided and used for cleaning mops or similar wet cleaning tools and for the disposal of mop water or similar liquid wastes. E. Grease Traps: Grease Traps installed in food establishments shall be located outside the establishment, unless approved in writing by the Building Official, Plumbing Board, Director of Public Works, and City Environmental Services Inspector or his/her authorized representative. Grease traps shall be located for easily accessible cleaning. F. In all new extensively remodeled food establishments at least a three compartment sink shall be provided for the manual washing, rinsing, and sanitizing of utensils and equipment. An exception to the former equipment requirements may be made with written approval of the City Environmental Services Inspector or his/her authorized representative only in the case of a food establishment that shall operate under a temporary permit or food establishments that handle only non-potentially hazardous foods which require limited preparation. G. In all new and extensively remodeled food establishments having mechanical utensil washing facilities, at least one (1) three (3) compartment sink shall be provided in addition to the mechanical utensil washer. Restricted Operations: The retail sale and/or offering for sale, and/or holding for sale, of raw potentially hazardous food for consumption from temporary and mobile food establishments of all types and categories is prohibited within the City limits. The City Environmental Health Officer or is/her authorized representative may impose additional requirements pertaining to temporary and mobile food establishments in order to protect the public health and may prohibit the sale of some or all potentially hazardous foods from the former establishments. 16 SECTION 1 SECTION 2 ARTICLE 6, TRAINING REQUIRED Food Service Manager's Training Certification A Every food service establishment permitted herein shall employ no less than one (1) Food Service Manager or other responsible employee in charge of food service operations who shall possess a current certification as a Food Service Manager from an approved training agency or certification training program, audited by the Texas Department of Health, or from a program offered by the Environmental Services Department determined by the City Environmental Services Inspector or his/her authorized representative, except that temporary food service establishments and food service establishments that handle only pre-packaged foods and non-potentially hazardous foods which require only limited preparation are exempt from the provisions of this section. B. The Food Service Manager must be employed on the premises of the establishment to be in compliance with this Article. The Food Service Manager certificate shall be obtained within the first ninety (90) days of employment in a managerial capacity. C. The owner or person in charge of any establishment permitted herein shall display all such certifications in a conspicuous place for inspection by the City Environmental Services Inspector or his/her authorized representative. A copy of each manager's certification, as described and required in this Article shall be filed in the records of the City. D. The fee set out in Article Four (4) is intended to cover the issuing of the certificate only. If the training is obtained through the Environmental Services Department any cost to the city for such training shall be passed on to the Food Service Manager. Food Service Employee Certificate A Every employee of a food service establishment shall obtain 17 SECTION 1 SECTION 2 a Food Service Employee Certificate, from the Environmental Services Department of the City of North Richland Hills within the first thirty (30) days of employment. B. Prior to obtaining a Food Service Employee Certificate, employee shall attend a training session on food safety available through the Environmental Services Department of the City of North Richland Hills. C. There shall be a fee, as set out in Article four (4) of this ordinance, for this training session. The fee shall also include the Food Service Employee Certificate and shall be displayed in a conspicuous place in the establishment for inspection by the City Environmental Services Inspector or his/her authorized agent. A copy of each Food Service Employee Certificate shall be filed in the records of the City. D. Employees in grocery stores that do not work in a food service area shall be exempt from this Section provided they do not handle potentially hazardous food. ARTICLE 7 SEVERANCE; REPEALER; PENALTY Severance: That it is hereby declared that the sections, articles, subsections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and if any phrase, clause, sentence, paragraph, subsection, article, or section of this ordinance shall be declared void, ineffective, or unconstitutional by a valid judgment or final decree of a court of competent jurisdiction, such voidness, ineffectiveness, or unconstitutionality shall not effect any of the remaining phrases, clauses, sentences, paragraphs, subsections, article, or sections of this ordinance since the same would have been enacted by the City Council with the incorporation herein of any such void, ineffective, or unconstitutional phrase, clause, sentence, paragraph, subsection, article, or section. Repealer: All ordinances or parts of ordinances not consistent or conflicting with the provisions of this ordinance are hereby repealed; provided that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the 18 subject matter covered in this ordinance. SECTION 3 Any person, firm, association of persons, company, corporation or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined, upon conviction, not less than one ($1.00) nor more than one thousand dollars ($1,000.00) and each day any violation of non-compliance continues shall constitute a separate and distinct offense. The penalty herein shall be cumulative of other remedies provided by state law and the power of injunction as provided in Vernon's Ann. Civ. St. Art. 1175(f), (1) to (8) and as may be amended may be exercised in enforcing this article whether or not there has been a complaint filed. This ordinance shall be in full force and effect from the date of passage and approval and publication as required by law: Passed and approved this ;1 4 day of January 1994. '- j~\!?~~) Tommy Br~n ~or OT: :~ ¡Z~~ ~ Jette Rewis City Secretary 19 LEGAL AFFIDA V. THE STATE OF TEXAS: COUNTY OF TARRANT Before me, the undersigned authority on tl peared RHONDA THOMPSON known to me to be first being sworn, deposed and upon her oath said: That she is the C. L . A . R. of the MID C I T I I per which has been regularly and continuously pu, circulation in the City/Town of N. RICH LAND 1 more than one year next preceding the first public f',:·t';;>,~»üôttrÅN(EtìIO." "<~i:¡'Ul,' ,¡¡t"::..t~J:.J:'M'~' ,:£);f.t+;J~,'::_;:t;.;; ",< A.:~::~\€6 tÖ'gul~ting food service estab- lishments within the City of North Richland Hills, Texas' adopting certain 1'ules and regulations of the T~xas Department of Health¡ defining terms¡ making it unlawful to operate any restaurant or other food service establishment unless it is op~rat- . ed in conformance with this ordinance¡ ~equirl~g a permit¡ establishing feés¡ providing for inspections by the city officials¡ providing f~r enforcement pro- cedures¡ providing for suspension and ~ecovatlon, ofthepermit¡ providing tor cert~in sanlt~t!on re- quirements¡providing for required training of managers or other responsibl~ .employ~es o~ food service establishments; requIring a city -Issued food service certificated¡ providing for severance clause and an affective date¡ providing for a penal- ty of violation of the ordinance of a fine of not less than ,$1.00 nor more than $1,000 and providing that the penalty herein shall be cumulative of other remedies of state law and allowing civil remedies for enforcement. Passed and approved by the City Council of North Richland Hills, Texas this 24th day of Janu- ary, 1994. APPROVED: IslTommy Brown Mayor ATTEST: sls Jeanette Rewis City Secretary APPROVED AS TO FORM AND LEGALITY Isl Rex McEntire Attorney for ClfV" (i·:·iL't:,:,; , LEGAL AD MCN CPN and that he caused said noti PUB: 01/ said newspaper on the following date(s). //i3ð/ttt.¡ That the attached is a true and correct copy of said notice as published on said date(s) in said NEWSPAPER Ph!l21ØÁ-J~8n~ before me, this the r:3L day o~ Sworn to and subscribed 19!1!j ~~ \~~- \ l~ Notary Public, ---j TARRANT County, Texas