HomeMy WebLinkAboutOrdinance 1489
ORDINANCE NO. 1489
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 OF 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 ESTABLISH-
MENT OR OPERATION OF FOOD SERVICE ESTABLISHMENT, 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.A.C. 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.A.C.
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 this ordinance the following words and terms, unless the
context indicates a different meaning, shall be interpreted as follows:
SECTION 1. A. Adopted by Reference: All definitions included in the
regulations adopted in Article 2, Section 1 and 2.
B. City Environmental Health Officer: Officer of the
Environmental Services Division of the Police Department of
the City of North Richland Hills or his/her designee.
C. Council: The City Council of the City of North Richland
Hills, Texas.
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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 mobile 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. The term does not include the following operations
and/or establishments, provided that the operations of the
former does not expose the public to a substantial and
imminent health hazard as determined by the City
Environmental Health Officer or his/her authorized
representative:
(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.
(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.
(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.
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(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 pre-
packaged, 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 Division of the
Police Department of the City of North Richland Hills.
H. Mobile Food Itinerant: Any place of a mobile nature which
offers food for consumption in 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
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 Division
of the Police 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.
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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
SECTION 1. Compliance Required: It shall be unlawful for any person or
firm to operate any food establishment as defined in Article
3, above within the corporates limits of the City of
North Richland Hills, Texas unless such operation is done in
conformance with the requirements of this ordinance.
SECTION 2. Authority of Issue Permits: The City Environmental Health
officer 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.
SECTION 3. Permit Required: It shall be unlawful for any person or firm
to operate a food establishment without a permit.
SECTION 4. Application for Permit:
A. Application for such a permit as required in this Article
in Section 3 shall be made in writing to the City
Environmental Health Officer or his 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 speci-
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for review under the building code and administratively
coordinated and made available to the fire marshal
and the Environmental Health Officer or his 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
and make of proposed fixed equipment and facilities.
Construction according to the specifications which have
therefore been submitted and approved by the City
Environmental Health Officer 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 Health
Officer 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.
SECTION 5. Issuance of Permit; Transferability; Terms; Penalties;
Categories.
A. The City Environmental Health Officer 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,
Page 5
(3). By means of physical inspection, the food
establishment is determined to be in compliance with
this ordinance.
B. Every permit issued under the prov1S1ons 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 prov1s1ons 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 inspec-
tion by the City Environmental Health Officer 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 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) . Mobil e Food Unit
(6). Child Care Facility
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.
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(3). Temporary Permit: Up to fourteen (14) consecutive days
in length.
G. Certificate categories:
(1). Food Service Manager
(2). Food Service Employee
SECTION 6. Permit Fees.
A. Before a permit is issued, an applicant shall pay the fee(s)
as required in this Article.
B. The following fees shall be due and payable on October first
(1st) 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)
(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.
C. Applicable fees may be prorated up to fifty percent (50%)
for permits issued on or before the first (1st) day of
April. Permits issued after the first (1st) day of April
shall require fifty percent (50%) of the annual designated
fee. Permit shall expire on the first (1st) day of October
of each year.
SECTION 7. Certificate Fees.
A. Food Service Manager: Ten dollars ($10.00).
B. Food Service Employee: Ten dollars ($10.00).
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ARTICLE 5. INSPECTIONS
SECTION 1. Enforcement Authority; Inspections, Report of Inspections.
A. The City Environmental Health Officer or his/her 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 Health
Officer 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. Inspectional 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 Health Officer or his 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 for this violation.
E. In the event that the City Environmental Health Officer or
his authorized representative should have cause to believe
that a business required to be permitted under this Article
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is operating without a permit (or has failed to renew a
permit) and refuses entry, during normal business hours,
then the City Environmental Health Officer or his 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 Health Officer 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 Health Officer or his authorized
representative may also be accompanied during any inspection
by the Building Official and/or Fire Marshal of the City of
North Richland Hills or his/her designee.
SECTION 2. Correction of Violations; Suspension of Permit; Revocation of
Permit.
A. Enforcement procedures: The City Environmental Health
Officer 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 reinspect ion.
(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
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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), the establishment shall initiate corrective
action on all identified violations within forty-eight
(48) hours. One (1) or more reinspections will be
conducted at reasonable time intervals to assure
correction such reinspection shall be subject to the
fee schedule authorized by this ordinance.
(5). In the case of temporary food establishments, all
violations shall be corrected within a time specified
by the regulatory authority, but in any event, not to
exceed twenty hour (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.
D. Suspension of permit:
(1). The City Environmental Health Officer 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
Page 10
SECTION 3
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
suspension at any time if the reason for suspension no
longer exists.
(3). Whenever a food establishment is required under pro-
vision of this Article to cease operation, it shall not
resume operations until such time as a reinspection
determines that conditions responsible for the require-
ment to cease operations no longer exist. Opportunity
for reinspection shall be offered within a reasonable
time.
E. Revocation of permit: The City Environmental Health Officer
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 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 with the City by the holder of the permit within
such ten (10) day period. If no request for 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
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SECTION 4
SECTION 5
SECTION 6
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 Municipal Judge of the City of North Richland
Hills or his/her designated agent at a time and place
designated. Based upon the record evidence of such hearing,
the Municipal Judge shall make a final finding, and shall
sustain, modify or rescind the permit. A notice of the
hearing decisions shall be furnished to the holder of the
permit by the City Environmental Health Officer.
Examination and condemnation of food: Food samples may be
examined or taken for analysis by the City Environmental
Health Officer or his 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
Health Officer or his 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
to 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.
Page 12
SECTION 7
SECTION 8
B. An exception to the former equipment requirements may be
made with written approval of the City Environmental Health
Officer or his/her authorized representative for the
following establishments or operations.
(1). Food establishments that will operate only under a
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 com-
pressors, 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
Page 13
SECTION 9
service establishment and will provide the customer of
said establishment direct and easy access to the
establishment's toilet facilities from the dining
area without having to go either outside the
establishment, 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 the cleaning of 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 of the establishment, unless
approved in writing by the Building Official, Plumbing
Board, Director of Public Works, and City Environmental
Health Officer or his 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 re-
quirements may be made with written approval of the
City Environmental Health Officer 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 establish-
ments of all types and categories is prohibited within the
City limits. The City Environmental Health Officer or his/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.
Page 14
SECTION 1
SECTION 2
ARTICLE 6
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 program, audited by the Texas Department
of Health, as determined by the City Environmental
Environmental Health Officer 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
Health Officer 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
of issuing the certificate only. If the training is
obtained through the Environmental Services Division of
North Richland Hills 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
a Food Service Employee Certificate, within the first (1st)
thirty (30) days of employment, from the Environmental
Services Division of the Police Department of the City of
North Richland Hills.
B. Prior to obtaining Food Service Employee Certificate,
employee shall attend a training session on food safety
available through the Environmental Services Division.
Page 15
SECTION 1
SECTION 2
SECTION 3
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 Health Officer 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, subsec-
tions, 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 subject matter covered in this ordinance.
Penalty
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 dollar ($1.00) nor
more than one thousand dollars ($1,000.00) and each day any
violation of non-compliance continues shall constitute a
Page 16
separate and distinct offense. The penalty provided 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 ~ day o~ s)fte~,
.~ ~~. &~r-i<
D~~~~or
1987.
ATTEST:
í]
(7 ¡/.
, µ f//A'/~ ;:-U&~~
J~nette Rewis City Secretary
I·
1/
Page 17
e
RULES ON RETAIL FOOD STORE SAPITftTION
TABLE OF CONTENTS
PAGE
§229.231 General Provisions
(a) Purpose----------------------------------------------------- 1
(b) Definitions------------------------------------------------- I
§229.232
Food
(a)
Food
(I)
(2)
Food
(I)
(2)
Food
(I)
(2)
(3)
Food
(I)
(2)
(3)
(4)
(5)
(6)
(7)
Food
(I)
(2)
(3)
(4)
(5)
Food
(b)
(c)
(d)
e
(e)
(f)
Supplies
General------------------------------------------------ 4
Special requirements----------------------------------- 4
Protection
General------------------------------------------------ 5
Emergency occurrences---------------------------------- 6
Storage
Genera 1----------------------------------------------- - 6
Refrigerated/frozen storage---------------------------- 7
Hot storage-------------------------------------------- 7
Preparation
General------------------------------------------------ 8
Raw fruits and raw vegetables-------------------------- 8
Cooking potentially hazardous foods-------------------- 8
Bakery product fillings-------------------------------- 9
Reheating----------------------------------------------10
Food product thermometers------------------------------l0
Thawing potentially hazardous foods--------------------lO
Display
Potentially hazardous foods----------------------------IO
Frozen' foods-------------------------------------------lO
Food display-------------------------------------------lO
Dispensing utensils--------~---------------------------Il
Food sample demonstrations and food promotions---------12
Transportation by the Retail Food Store----------------12
§229.233 Personnel
(a) Employee Health---------------------------------------------12
(b) Personal Cleanliness----------------------------------------12
(c) Clothing----------------------------------------------------13
(d) Employee Practices------------------------------------------13
§229.234 Equipment and Utensils
(a) Materials
(I) Solder-------------------------------------------------13
(2) Wood---------------------------------------------------13
(3) Plastics and rubber materials--------------------------13
(4) Cutting surfaces---------------------------------------13
(5) Single-service articles--------------------------------l~
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(e) Fandwashing Facilities
(1) Handwashing facility installation----------------------23
(2) Handwashing facility faucets---------------------------23
(3) Handwashing supplies-----------------------------------23
(4) Handwashing facility maintenance-----------------------23
(5) Handwashing available at bulk food display area--------2~
(6) Waste receptacle(s)------------------------------------24
(f) Garbage and Refuse
(1) Containers---------------------------------------------24
(2) Storage------------------------------------------------24
(3) Disposal-----------------------------------------------25
(g) Insect and Rodent Control
(1) General------------------------------------------------25
(2) Openings-----------------------------------------------25
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§229.237 Construction and Maintenance of Physical Facilities
(a) Floors
(1) Floor construction-------------------------------------25
(2) Floor carpeting----------------------------------------26
(3) Prohibited floor covering------------------------------26
(4) Mats and duckboards------------------------------------26
(5) Utility line installation------------------------------26
(b) Walls and Ceilings
(1) Maintenance--------------------------------------------26
(2) Construction-------------------------------------------27
(3) Exposed construction ----------------------------------27
(4) Utility line installation------------------------------27
(5) Attachments--------------------------------------------27
(6) Covering wateria1 installation-----------~-------------27
(c) Cleaning Physical Facilities
(1) Gene ra 1----------------------------------------------- -27
(2) Service sinks-------------------------------------~----27
(d) Lighting
(1) Gene ra 1----------------------------------------------- -27
(2) Protective shielding ----------------------------------28
(e) Ventílation
(1) General------------------------------------------------28
(f) Dressing Rooms and Locker Areas
(1) Dressing rooms aod areas-------------------------------28
(2) Locker areas-------------------------------------------28
(g) Poisonous or Toxic Materials
(1) Materials permitted------------------------------------28
(2) Labeling of materiaIs----------------------------------29
(3) Storage of materials~----------------------------------29
(4) Use of wateria1s---------------------------------------29
(5) ~tora?e and display of materials for retail sa1e-------29
(6) First aid supplies and personal medications------------29
(h) Premises
(1) GeneraI------------------------------------------------29
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. Texas Department of Fealth
Division of Food and Drugs
RULES ON RETAIL FOOD STORE SANITATION
§229.23I. General Provisions.
(a) Purpose. These rules shall be 1 iberally construed and appl ied to
promote the underlying purpose of protecting the public health.
(b) Definitions. The following words and terms when used in these
sections, shall have the following meanings unless the context clearly
indicates otherwise:
(1) Bulk food - unpackaged or unwrapped, processed or unprocessed
food in aggregate containers from which quantities desired by the consumer are
withdrawn. For the purpose of this interpretation, the term does not include
fresh fruits, fresh vegetables, nuts in the shell, salad bars and potentially
hazardous foods.
(2) Corrosion-resistant materials - those materials that maintain
acceptable sanitary surface characteristics under prolonged influence of the
food to be contacted, the normal use of cleaning compounds and sanitizing
solutions, and other conditions of the use environment.
(3) Display area - a location or locations, including physical
facilities and equipment, where bulk food, and other products. are offered for
customer self-service.
(4) Easily cleanable - that surfaces are readily accessible and
made of such material and finish and so fabricated that residue be effectively
removed by normal cleaning methods.
(5) Employee - the permit holder. individual having supervisory or
management duties, person on the payroll, family member, volunteer, person
performing work under contractual agreement, or any other person working in a
food store.
(6) Equipment - items other than utensils used in tl1e storage,
preparation, display, and transportation of food such as stoves, ovens, hoods,
slicers, grinders, mixers, scales, meat blocks, tables, food shelving, reach-
in refrigerators and freezers. sinks, ice makers. and similar items used in
the 0 per a t ion 0 far eta i1 f 00 d s tor e . Th i sit e m doe s not in c 1 u de for k 1 i f t
trucks or dollies.
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(17) potentially hazardous food - any food that consists in whole or
in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible
crustacea, or other ingredients, including synthetic ingredients, and which is
in a form capable of supporting rapid and progressive growth of infectious or
toxigenic microorganisms. The term does not inc1 ude: clean, whole,
uncracked, odor-free shell eggs; foods that have a pH level of 4.5 or below or
a water activity (aw) value of 0.85 or less under standard conditions; food
products in hermetically sealed containers processed to prevent spoilage.
(18) Product module - a food-contact container (multi-use or
single-service) designed for customer self-service of bulk food by either
direct or indirect means.
(19) Regulatory authority - the State and/or local enforcement
authority or authorities having responsibility for enforcing these rules.
(20) Retail food store - any establishment or section of an
establishment where food and food products are offered to the consumer and
intended for off-premise consumption. The term includes delicatessens that
offer prepared food in bulk quantities only. The term does not include
establishments which handle only prepackaged, nonpotentially hazardous foods;
roadside markets that offer only fresh fruits and fresh vegetables for sale;
food service establishments; farmers markets; or food and beverage vending
machines as defined in the Vending of Food and Eeverages, 1978, Department of
Health, Education and Welfare Publication No. (FDA) 78-2091.
4IÞ (21) Safe materials - articles manufactured from or composed of
materials that may not reasonably be expected to resuI t, directly or
indirectly, in their becoming a component or otherwise affecting the
characteristics of any food. If materials are food additives or color
additives as defined in Section 201 (s) or (t) of the Federal Food, Drug, and
Cosmetic Act amended May 1980, Department of Fealth and Fuman Services
Publication No. (FDA) 80-1051, as used they are "safe" only if they are used
in conformity with regulations established pursuant to Section 409 or Section
706 of that Act. Other materials are "safe" only if, as used, they are not
food additives or color additives as defined in Section 201 (s) or (t) of the
Federal Food, Drug, and Cosmetic Act amended May 1980, Department of Health
and Human Services Publication No. (FDA) 80-l05I, and are used in conformity
with all applicable regulations of the Food and Drug Administration.
(22) Sanitization - effective bactericidal treatment as defined in
the Procedures for the Facteriologica.l Examination of Food Utensils and/or
Food Equipment Surfaces, Technical Information Bulletin No.1, 1967, Public
Health Service Publication No. l63l, by a process that provides enough
accumulative heat or concentration of chemicals for enough time to reduce the
bacterial count, including pathogens, to a safe level on cleaned food-contact
surfaces of utensils and equipment.
(23) Sealed - free of cracks or other openings that permit the entry
or passage of moisture.
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(B) Fresh and frozen shucked shellfish (oysters, clams, or
mussels) shall be received and/or repacked in nonreturnable packages
identified with the name and address of the shell stock processor, shucker-
packer, or repacker, and the State certification number issued according to
law. Shucked shellfish shall be kept in the container in which they were
received until used or sold.
(c) Each original container of unshucked shellfish (oysters,
clams, or mussels) shall be identified by an attached tag, to be retained for
a period of 90 days, that states the name and address of the original
shellfish processor, the date and bay of harvest, the kind and quantity of
shellfish and the certification number issued by the State or foreign
shellfish control agency, where applicable.
(D) Only clean shell eggs meeting applicable grade standards
or pasteurized liquid, frozen or dry eggs, or pasteurized dry egg produc~s
shall be used or offered for sale.
(E) Only ice which has been manufactured from potable water
and handled in a sanitary manner shall be used or offered for sale. Ice
offered for sale shall be packaged and shall meet all of the requirements in
the Department's Rules, §229.181-229.184 of this title (relating to the
Registration of Manufacturers of Foods).
(b) Food protection.
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(1) General.
(A) At all times, including while being stored, prepared,
displayed, dispensed, packaged, or transported, food shall be protected from
cross-contamination between foods and from potential contamination by insects,
insecticides, rodents, rodenticides, probe-type price or probe-type
identification tags, unclean equipment and utensils, unnecessary handling,
flooding, draining, and oVèrhead leakage or condensation, foreign matter, or
other agents of public heal th significance. The temperature of potentially
hazardous foods shall be 45°F O°C) or below or 140°F (60°C) or above, at all
times, except as otherwise provided in these rules. Hermetically sealed
packages shall be handled so as to maintain product and container integrity.
Food items that are spoiled or that are in damaged containers that may affect
the product and those food items that have been returned to, or are being
detained by, the retail food store because of spoilage, container damage, or
other public health considerations, shall be segregated and held in designated
areas pending proper disposition unless disposed of under the supervision of
the regulatory authority.
(B) Bulk foods and product modules shall be protected from
contamination during display, customer self-service, refilling and storage.
(c) Containers of bulk pet foods and bulk nonfood items shall
be separated from other foods by a barrier or open space from product modules.
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(F) Labels or marking pens shall be available to customers to
identify their take-home containers with the common name of the product unless
the product is readily identifiable on sight.
(G) Toilet rooms and their vestibules, and garbage or
mechanical rooms shall not be used for the storage of food.
(2) Refrigerated/frozen storage.
(A) Refrigeration units or effectively insulated units shall
be provided in such number and of such capacity to assure the maintenance of
potentially hazardous food at required temperatures during storage. Each
mechanically refrigerated unit storing potentially hazardous food shall be
provided with a numerically scaled indicating thermometer, accurate to .:!:J°F
(+IOC). The sensing element shall be located to measure the air temperature
in the warmest part of the unit. The thermometer scale shall be located to be
easily readable. Recording thermometers, accurate to .:!:J°F (+IOC) may be used
in lieu of iLdicating thermometers.
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(B) Potentially hazardous food requiring refrigeration after
preparation shall be rapidly cooled to an internal temperature of 45°F C7°c)
or below. Potentially hazardous foods of large volume or prepared in large
quantities shall be rapidly cooled utilizing such methods as shallow pans,
agitation, quick chilling, or water circulation external to the food container
so that the cooling period shall not exceed four hours. Potentially hazardous
food to be transported shall be pre-chilled and held at a temperature of 45~
(7°C) or below unless maintained in accordance with the hot storage
requirements of these rules.
(c) Potentially hazardous frozen foods shall be kept frozen and
shall be stored at an air temperature of OaF (-1BOC) or below except for
defrost cycles and brief periods of loading or unloading.
(D) Ice used as a cooling medium for food storage shall not be
used or sold for human consumption.
(3) Hot storage.
(A) Hot food storage units shall be provided in such number
and of such capacity to assure the maintenance of potentially hazardous food
at the required temperature during storage. Each hot food storage unit
storing potentially hazardous food shall be provided with a numerically scaled
indicating thermometer, accurate to .:!:J°F (.!.¡OC). The sensing element shall be
located to measure the air temperature in the coolest part of the unit. The
thermometer scale shall be located to be easily readable. Recording
thermometers accurate to .!.3°F (.!.1°C) may be used in lieu of indicating
thermometers. Where it is impractical to install thermometers on equipment
such as heat lamps, calrod units, or insulated food transport carriers, a food
product thermometer shall be available and used to check internal food
temperature.
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(B) When beef roasts of 10 pounds (5 kilograms (kg» or over
in weight are cooked in a dry heat oven, the oven shall be preheated to and
held at an air temperature of at least 250°F (l22°C) throughout the process.
(c) Further, in order to meet public health requirements for
the processes cited in Subparagraphs (A) through (B) of this paragraph, the
following table lists the minimum internal temperature of the beef roast for
the minimum time the roast needs to be held at such temperature.
Minimum Holding Times for Beef Roasts
at Various Internal Temperatures
Minimum internal Minimum holding Minimum in ternal Minimum holding
temperature time temperature time
of °c Minutes of °c Minutes
130 54.4 121 138 58.9 19
131 55.0 97 139 59.5 15
132 55.6 77 140 60.0 12
133 56.1 62 141 60.6 10
134 56.7 47 142 61.1 8
135 57.2 37 143 61.7 6
136 57.8 32 144 62.2 5
137 58.4 24
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(D) Eeef roasts, if cooked in a microwave oven, shall be
cooked to an internal temperature of at least 145°F (63°C).
(4) Bakery product fillings.
(A) Custards, cream fillings, and similar products, including
synthetic fillings, shall meet the temperature requirement in Subsection
(c)(2)(B) of this section following preparation and be maintained at tbat
temperature during storage. transportation, and display. Products with
synthetic fillings may be excluded from this requirement if:
(i) the food, including the interface between the bakery
product and its filling, has a pH level of 4.5 or below or a water activity
(a ) value of 0.85 or less under standard conditions;
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(ii) it is handled in such a manner as to preclude
contamination with and the growth of pathogenic microorganisms after heat
processing; or
(iii) other scientific evidence is on file with the
regulatory authority demonstrating that the specific product will not support
the growth of pathogenic microorganisms.
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(A) Food on display, other than whole, unprocessed raw fruits
and unprocessed raw vegetables, shall be protected from contamination by being
packaged, by display cases, by covered containers for self-service, or by
similar protective equipment. All food shall be displayed above tre floor in
a manner that will protect the food from contamination. Hot or cold food
units shall be provided to assure the maintenance of potentially hazardous
food at the required temperature during display. Potentially hazardous food
shall not be provided for consumer self-service except in salad bar operations
intended for individual portion service.
(B) Fulk foods shall be dispensed only from product modules
which are protected by close fitting, individual covers. If opened by the
customer, the covers shall be self-closing and shall remain closed when not in
use.
(c) Customer access to bulk food in product modules shall be
limited and controlled to avoid the introduction of contaminants. Means
considered suitable include, but are not limited to:
(D providing a product module depth of no more than 18
inches (457 millimeters (mm», and
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(ii) either locating product modules with access from the
top so that there is at least 30 inches (762 mm) between the access point and
the floor; or, if the product module access point is less than 30 inches (762
mm) off the floor, providing access from the side or at an angle provided that
when the product module is open, the cover extends across the surface of the
product and provides overhead protection.
(4) Dispensing utensils. To avoid unnecessary manual contact with
the food, suitable dispensing utensils and single-service articles shall be
used by employees. Consumers who serve themselves bulk food shall be provided
suitable dispensing utensils. Manual contact of bulk foods by the customer
during dispensing shall be avoided. Methods considered suitable are:
(A) mechanical dispensing devices including gravity
dispensers, pumps, extruders and augers;
(B) manual dispensing utensils including tongs, scoops, ladles
and spatulas; and
(c) wrapping or sacking.
(D) If the dispensing devices and utensils listed in
Subparagraphs (A) and (B) of this paragraph do not prevent manual customer
contact with certain bulk foods, then these foods must be wrapped or sacked
prior to display.
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(E) Hanual dispensing utensils listed in Subparagraph (B) of
this paragraph shall be protected against becoming contaminated and serving
as vehicles for introducing contamination into bulk food. Means considered
suitable include, but are not limited to:
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(c) Clothing.
(1) Employees shall wear clean outer clothing.
(2) f:mployees shall use effective hair restraints where necessary
to prevent the contamination of food or food-contact surfaces.
(d) Employee practices.
(1) Employees shall maintain a high degree of personal cleanliness
and shall conform to good hygienic practices during all working periods.
(2) Employees shall consume food, beverages, or use tobacco ~nly in
designated areas. Such designated areas must be located so that the eating,
drinking, or tobacco use of an employee does not result in contamination of
food, equipment, or utensils.
§229.234. Equipment and utensils.
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(a) Materials. Multi-use equipment and utensils shall be constructed and
repaired with safe materials, including finishing materials; shall be
corrosion resistant and shall be nonabsorbent; and shall be smooth, easily
cleanable, and durable under conditions of normal use. Single-service
articles shall be made from clean, sanitary, safe materials. Equipment,
utensils, and single-service articles shall not impart odors, color, taste,
nor contribute to the contamination of food. Product modules and utensils
shall be constructed of safe materials; and shall be corrosion resistant,
nonabsorbent, smooth, easily cleanable and durable under conditions of normal
use.
(1) Solder. If solder is used, it shall be composed of safe
materials and be corrosion resistant.
(2) Wood. Hard maple or equivalent nonabsorbent wood that meets
the general requirements set forth in this subsection may be used for cutting
blocks, cutting boards, and bakers' tables. Wood shall not be used as a food-
contact surface under other circumstances, except for contact with raw fruits,
raw vegetables, and nuts in the shell.
(3) Plastics and rubber materials. Safe plastic or safe rubber or
safe rubber-like materials that are resistant under normal conditions of use
to scratching, scoring, decomposition,. crazing, chipping, and distortion, that
are of sufficient weight and thickness to permit cleaning and sanitizing by
normal warewashing methods, and which meet the general requirements set forth
in this subsection are permitted for repeated use.
(4) Cutting surfaces. Cutting surfaces subject to scratching and
scoring must be resurfaced so as to be easily cleaned, or be discarded when
these surfaces can no longer be effectively cleaned and sanitized.
(5) Single-service articles.
Single-service articles shall not be
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reused.
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(3) Cleaned in place (CIP). Equipment designed and construe ted for
CIP shall meet requirements equivalent to those contained in the Department's
Rules on Food Service Sanitation, §229.165Cb) (3) of this title (relating to
Equipment and Utensils).
(4) Food product thermometers. Indicating thermometers required
for immersion into food or cooking media shall be of metal stem-type
construc tion, numerically scaled, and accurate to ~"F (~I DC).
(5) Nonfood-contac t sur faces.
(A) Surfaces of equipment not intended for contact with food,
but which are exposed to splash or food debris or which otherwise require
frequent cleaning, shall be designed and fabricated to be smooth, washable,
free of unnecessary ledges, projections, or crevices, and readily accessible
for cleaning, and shall be of such material and in such repair as to be easily
maintained in a clean and sanitary condition.
(B) Surfaces of product module display units, tethers, and all
display equipment not intended for food-contact, but which are exposed to
splash, food debris or other soiling, shall be designed and fabricated to be
smooth, cleanable, durable under conditions of normal use and free of
unnecessary ledges, projections or crevices.
(c) Tethers shall be designed to be easily removable from the
products module for cleaning.
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CD) The materials for nonfood-contact surfaces shall be
nonabsorbent or made nonabsorbent by being finished and sealed with a
cleanable coating.
(6) Ventilation hoods. Ventilation hoods and devices, where
installed, shall be designed to prevent grease or condensation from collecting
on walls and ceilings, and from dripping into food or onto food-contact
surfaces. Filters or other grease extracting equipment shall be readily
removable for cleaning and replacement, if not designed to be cleaned in
place.
(7) Maintenance of equipment and utensils. All equipment and
utensils shall be maintained in good repair to comply with the requirements of
th i s code.
(c) Equipment installation and location.
(1) General. Equipment, including ice makers and ice storage
equipment, shall not be located under exposed or unprotected sewer lines,
water lines that are leaking or on which condensed water has accumulated, open
stairwells, or other sources of contamination.
(2) Table-mounted equipment.
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(c) Unless sufficient space is provided for easy cleaning
between, behind, and above each unit of fixed equipment, the space between it
and adjoining equipment units and adjacent walls or ceilings shall be not more
than 1/32 inch (0.8 mm) and, if exposed to seepage, the space shall be sealed.
(4) Aisles and working spaces. Aisles and working spaces between
units of equipment and between equipment and walls, shall be unobstructed and
of sufficient width to permit employees to perform their duties readily
without contamination of food or food-contact surfaces by clothing or personal
contact. All easily movable storage equipment such as dollies, skids, racks,
and open-ended pallets shall be positioned to provide accessibility to working
areas.
§229.235. Cleaning, Sanitization, and Storage of Equipment and Utensils.
(a) Equipment and utensil cleaning and sanitization.
(1) Cleaning frequency.
(A) Utensils and food-èontact surfaces of equipment shall be
cleaned and sanitized as follows:
(i) each time there is a change in processing between raw
beef, raw pork, raw poultry or raw seafood, or a change in processing from raw
to ready-to-eat foods;
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(ii) after any interruption of operations during which time
contamination may have occurred; and
(iii) after final use each working day.
{:B) Tongs, scoops, 1 adles, spatulas, other appropr ia te
utensils and tethers used by customers shall be cleaned and sanitized at least
daily or at more frequent intervals based on the type of food and amount of
food particle accumulation or soiling.
(C) Product modules, lids and other equipment shall be cleaned
prior to restocking, when soiled or at intervals on a schedule based on the
type of food and amount of food particle accumulation.
(D) Where equipment and utensil s are used for the preparation
of potentially hazardous foods on a continuous or production-line basis,
utensils and the food-contact surfacès of equipment shall be cleaned and
sanitized at intervals throughout the day on a schedule based on food
temperature, type of food, and amount of food particle accumulation.
(E) The food-contact surfaces of cooking devices and the
cav1t1es and door seals of microwave ovens shall be cleaned at least once each
day of use, except that this shall not apply to hot oil cooking equipment and
hot oil filtering systems. The food-contact surfaces of all baking equipment
and pans shall be kept free of encrusted grease deposits and other accumulated
soil.
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(i) equipment and utensils shall be thoroughly cleaned in
the first compartment with a hot detergent solution that is kept clean and at
a concentration indicated on the manufacturer's label;
(ii) equipment and utensils shall be rinsed free of
detergent and abrasives with clean water in the second compartment; and
(iii) equipment and utensils shall be sanitized in the third
compartment according to one of the methods included in subparagraph (H) of
this paragraph.
(G) When a two-compartment sink is utilized for warewashing, a
three step sanitization sequence must be followed which is acceptable to the
regulatory authority.
(H) The food-contact surfaces of all equipment and utensils
shall be sanitized by one of the following methods:
(i) immersion for at least 1/2 minute in clean, hot water
of a temperature of at least 170°F (77°t);
(ii) immersion for at least 1 minute in a clean solution
containing at least 50 parts per million of available chlorine as a
hypochlorite and having a temperature of at least 75°F (24°C);
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(iii) immersion for at least 1 minute in a clean solution
containing at least 12.5 parts per million of available iodine, having a pH
range which the manufacturer has demonstrated to be effective and at a
temperature of at least 75"F (24°C);
(iv) immersion for at least 1 minute in a clean solution
conta1n1ng 200 parts per million of a quaternary ammonium compound and having
a temperature of at least 75"F (24°C). The quaternary ammonium compound used
shall have been compounded by the manufacturer to assure effectiveness in
waters up to 500 parts per million hardness at use concentration;
(v) Immersion in a clean solution containing any other
chemical sanitizing agent allowed under 21 CFR 178.1010, Code of Federal
Regulations, Title 21, Parts 170 to 199, that will provide the equivalent
bactericidal effect of a solution containing at least SO parts per million of
available chlorine as a hypochlorite at a temperature of at least 75°F (24°C)
for 1 minute;
(vi) Treatment with steam free from materials or additives
other than those specified in 21 CFR 173.310, Code of Federal Regulations,
Title 21, Parts 170 to 199, in the case of equipment too large to sanitize by
immersion, but in which steam can be confîned; or
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(vii) Pinsing, spraying, or swabbing with a chemical
sanitizing solution of at least twice the strength required for that
particular sanitizing solution under clauses (ii), (iii), and (v) of this
subparagraph in the case of equipment too large to sanitize by immersion.
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(A) Cleaned and sanitized utensils and equipment shall be
stored at least six inches Cl52 mm) above the floor in a clean, dry location
in a way that protects them from splash, dust, and other means of
contamination. The food-contact surfaces of fixed equipment shall also be
protected from contamination. Equipment and utensils shall not be placed
under exposed or unprotected sewer lines, or water lines that are leaking or
on which condensed water has accumulated.
(B) Utensils shall be air dried before being stored or shall
be stored in a self-draining position.
(c) Stored utensils shall be covered or inverted wherever
practical.
(3) Single-service articles.
(A) Single-service articles shall be stored in closed cartons
or containers at least six inches (152 mm) above the floor or on easily
movable dollies, skids, racks, or open-ended pallets. Such storage shall
protect the articles from contamination· and shall not be located under exposed
or unprotected sewer lines, or water lines that are leaking or on which
condensed water has accumulated.
(B) Single-service articles shall be handled in a manner that
prevents contamination of surfaces that may come in contact with food.
(c) Take-home containers (bags, cups, lids, etc.) provided in
the display area for customer use shall be stored and dispensed in a sanitary
manner,
(4) Prohibited storage areas.
service articles shall not be stored in
vestibules, garbage rooms, or mechanical
Food equipment, utensils, or single-
locker rooms, toilet rooms or their
rooms.
§229.236. Sanitary Facilities and Controls.
(a) Water supply.
(1) General. Sufficient potable water for the needs of the retail
food store shall be provided from a source constructed, maintained, and
operated according to law.
(2) Water delivery. All potable water not provided to the retail
food store directly from the source by pipe shall be delivered in a bulk water
transport system and shall be transferred to a closed water system. 80th of
these systems shall be constructed, maintained, and operated according to law.
(3) Water under pressure. Water under pressure at the required
temperatures shall be provided to all fixtur~s and equipment that use water.
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(1) Toilet installation. Toilet facilities shall be installed
"áccording to law, shall be at least one and not less than the number required
by law, shall be conveniently located, and shall be accessible to employees at
all times.
(2) Toilet design. Toilets and urinals shall be designed to be
easily cleanable.
(3) Toilet rooms. Toilet rooms shall be completely enclosed and
shall have tight-fitting, self-closing solid doors, except for screened
louvers that may be necessary for ventilation systems.
(4) Toilet facility maintenance. Toilet facilities, including
toilet fixtures and any related vestibules, shall be kept clean and in good
repair. A supply of toilet tissue shall be provided at each toilet at all
times. Easily cleanable receptacles shall be provided for waste materials.
Toilet rooms used by women shall have at least one covered waste receptacle.
(e) Handwashing facilities.
(1) Handwashing facility installation. Handwashing facilities
shall be installed according to law, shall be at least one and not less than
the number required by law, and shall be conveniently located to permit use by
all em ployees in food pre para t ion and ware wash ing areas. Hand wa shing
facilities shall be accessible to employees at all times. Handwashing
facilities shall also be located in or immediately adjacent to toilet rooms or
their vestibules. Sinks used for food preparation or for warewashing shall
not be used for washing of hands or for any other purpose.
(2) Handwashing facility faucets. Each handwashing facility shall
be provided with hot and cold water tempered by means of a mixing valve or
combination faucet. Any self-closing, or metering faucet used shall be
designed to provide a flow of water for at least 15 seconds without the need
to reactivate the faucet. Steam mixing valves are prohibited at handwashing
facilities.
(3) Handwashing supplies. A supply of hand-cleansing soap or
detergent shall be available at each handwashing facility. A supply of
sanitary towels or a hand-drying device providing heated air shall be
conveniently located near each handwashing facility. Common towels are
prohibited. If disposable towels are used, easily cleanable waste receptacles
shall be conveniently located near the handwashing facilities.
or
be
(4) Handwashing facility maintenance.
detergent dispensers, hand-drying devices, and
kept clean and in good repair.
Handwashing facilities, soap
all related facilities shall
23
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(B) Garbage or refuse storage rooms, if used, shall be
constructed of easily cleanable, nonabsorbent, washable materials, shall be
kept clean, shall be insect anq rodent resistant, and shall be large enough to
store all the garbage and refuse containers necessitated by disposal pick-up
frequency.
(c) Outside storage areas or enclosures, if used, shall be
kept clean and shall be large enough to store all the garbage and refuse
containers necessitated by disposal pick-up frequency. Garbage and refuse
containers, dumpsters, and compactor systems located outside, shall be stored
on or above a smooth surface of nonabsorbent material, such as concrete or
machine-laid asphalt, that is kept clean and maintained in good repair.
(3) ni sposal.
(A) Garbage and refuse shall be disposed of often enough to
prevent the development of objectionable odors and the attraction of insects
and rodents.
(B) Where garbage or refuse is burned on the premises, it
shall be done by controlled incineration in accordance with law. Areas around
incineration units shall be kept clean and orderly.
(g) Insect and rodent control.
(1) General. Effective measures shall be utilized to minimize the
entry, presence, and propagation of rodents, flies, cockroaches, or other
insects. The premises shall be maintained in a condition that prevents the
harborage or feeding of insects or rodents.
(2) Openings. Openings to the outside shall be effectively
protected against the entry of rodents. Outside openings shall be protected
against the entry of insects by tight-fitting, self-closing doors; closed
windows; screening; controlled air currents; or other means. Screen doors
shall be self-closing, and screens for windows, skylights, transoms, intake
and exhaust air ducts, and other openings to the outside shall be tight-
fitting and free of breaks. Screening material shall be not less than 16 mesh
to the inch.
§229.237. Construction and Maintenance of Physical Facilities.
(a) Floors.
(1) Floor construction.
25
."
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(2) Construction. The walls, wall coverings, and ceilings of walk-
1n refrigeration units, food preparation areas, warewashing areas, and toilet
rooms and their vestibules shall be smooth, nonabsorbent, and easily
cleanable. Concrete or pumice blocks and bricks used for interior wall
constëuction in these locations shall be finished and sealed to provide a
smooth easily cleanable surface.
(3) Exposed construction. Studs, joists, and rafters shall not be
eXpDS2-1 in those areas listed in paragraph (2) of this subsection. If exposed
in ~ther rooms or areas they shall be finished to provide a cleanable surface.
(4) Utility line installation. Utility service lines and pipes
shall net he unnecessarily exposed on walls or ceilings in those areas listed
ir. ::a.::·iraph (2) of this subsection. Exposed utility service lines and pipes
5h¿~1 t2 installed in a way that does not obstruct or prevent cleaning of the
~-:¡l.h -~~1d ceilings. Utility service lines and pipes installed through walls
a~C cç_lings shall be effectively sealed so as not to present an open space.
(5) Attachments. Light fixtures, vent covers, wall mounted fans,
d~cnr~clve materials, and similar atta¿hments to walls and ceilings shall be
e33~~Y :leanable and shall be maintained in good repair.
(6) Covering material installation. Wall and ceiling covering
mat2ri~ls shall be attached and sealed in a manner to be easily cleanable.
(c) Cleaning physical faciI ities.
e
(1) General. Cleaning of floors, walls, and ceilings shall be done
as oft·,;'1 as necessary, but preferably during periods when the least amount of
fool i.; exposed, such as after closing. Only dustless methods of cleaning
flo~:s. walls, and ceilings shall be used, such as vacuum cleaning, wet
c.:.e"':-:l:l::;, treated dust mops, or the use of dus t-arresting sweeping compounds
wi;::, t, Joms. Floors, mats, duckboards, walls, ceilings, and attachments
(1':.;;., 116ht fixtures, vent covers, wall mounted fans, and similar equipment),
3:1'; decyrative materials (e.g., signs and advertising materials) shall be kept
clee.ël.
(2) Service sinks. At least one service sink or curbed cleaning
facility with a floor drain shall be provided and used for the cleaning of
mops or similar wet floor cleaning tools and for the disposal of mop water or
similar liquid wastes. Handwashing or warewashing facilities, or food
preparation sinks shall not be used for this purpose.
(d) Lighting.
(I) General.
installed to
surfaces and
(A) Permanently
provide at least 50
at warewashing work
fixed artificial light sources shall be
foot candles of light on all food preparation
levels.
e
27
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(2) Labeling of materials. Containers of poisonous or toxic
materials necessary for operational maintenance of the establishment shall be
p:r0ii1"-:12:1tly and distinctly labeled in acco:-dance with law. Small working
CO'ìt¿ :.ners of bulk cleaning agents shall be individually labeled for easy
id2nt~:~cation of contents.
(3) Storage of materials. Poisonous or toxi-: materials necessary
fer ~.~ maintenance of the establishment consist of the following two
ca ::e,; .. ... .">.
(A) Insecticides and rodenticides;
~r: ,j c
(B) Detergents, sanitizers, relat~d cle~ning or drying agents,
:lCS, acids, polishes, a~d other chemicals.
C"~ ...
_.;·...U
(c) Materials in subp2ragrarhs CfJ and (:3) of this paragraph
stor2d and locate~ to ~e phY3ic~lly Eepa~:ted from each other; shall
:i in cabinets or :".1 si::"il.,:r- ::;h:r;lc.::.ll:r se:)aratsd compartments or
J used for no cthe= p~r~~~2; dpd, to ~~~~lud2 pct¿ntial contamination
_ De :::::o:-2d a.bcve or in::~r:7li~<.;L2:: with food, foc;~d equipment, utensils,
~-8cr~ic~ articles, ex=epc ~h3: tiis lat~2r requirement does not
::~c~ convenient avaiLabili::y of deterg,,"ut 5änitiz2rs, or sanitizers at
.:~-~g fa.c il ities.
t e ~
tn.:: t.
51":.2 ;._
or: .s 1
, .
p !'~:' ~j-:'
1;.,r~~r~:2 :.
(4) Use of naterids.
(A) Sa;:1:î.tizers, cleê;i'ing cC:TIpo~nds, or other compounds
ip.~~ 'far U3~ on f0od-contact surf2ces shaLl not be used in a way that
leJ~ tc~ic resid~e on su=h surfaces, nor in a way that constitutes a
ha';:"J _ w·) eCJployees or other persons.
(B) Poisonous or toxic mate:-:Ï.als shall not be used in a way
t~~.::>: t.:JDJinaces food, equip~ent, or ute~s1.1s, nor ~n a way other than in
fu:! _ ¡liance with the macufactur~r's labelicg.
(5) Storage and display of ~~terials for retail sale. Poisonous or
to:~':": -'J.terials stored or di'3¡:>lé1;red for retail sale shall be separated from
fr-, " : 3ingle-service articles by spaci::g, partitioning, or dividers. These
mat~:~13 shall not be stored or displayed aoove food or single-service
ar·t :_::":.3.
(6) First-aid supplies and personal medications. Retail food store
emry:avee first-aid supplies and personal medi:ations shall be stored in a way
th~~ frevents them from contaminating food and food-contact surfaces.
(h) Prem i sese
(1) General.
29
(ii) Patrol dogs accompanY1ng security or police officers
shall be permitted in offices, storage areas, and outside store premises.
Sentry dogs may be permitted to run loose in outside fenced areas for security
reason,>. Guide dogs accompanying b1 ind persons shall be permi tted in sales
areas.
e
(E) While on duty, persons employed in the food preparation
are::; ~¡' an establishment shall not care for or handle any pets, or
patre :nt:ry dogs.
§229o-
ide;!'.: .
r~,,~3C·;~~
wL,:.:
e $':'~ t:
p1.1~cr:'·
re t .~ i .
fCJr~
r C1 .-.......... ~-
ç =- ,J;;'
cc!n~' ,
e
re'-)L·
fO'!'f
es:: éi.
viol'
PU:::>i
per::;"
spec:
fou:·
per1"
of ~~.
pow"··
imc::
not:.
aut;'·
Compliance Procedures.
Inspections.
0) "-\ccess. A~ents of the regulatory ,:ut}.ority, after proper
:ac~an, shall be permitted to enter any recai1 food store at any
~L~2, for the pU~DOS~ of makin~ inspeccion- to ~eter~ine compliance
¡ :~LJ3. The agen:s shall be permitted to e~a~i2e the records of the
~a':: to obtain ir.rormation pertair.in; to food and supplies
:2:~~~2d, or used, or to persons employed.
(.~: D2?Ort or inspection. Whenever an 5nsfCecti0n is made of a
;tC~2, the findi~g3 shall be recoTJed or tbe inspection report
, to in subsection (C) of this sectiop. A copy of the inspection
OJ 11 beE'Jrr.' 3;-¡i,d to the owner or ?~rSü:l in cl1arge at the
,)c ;:;:2 ins":,,ect>:':1 and constit'.l!:2S a wr:'rt="' notice. Tne inspection
,.,;'1 sumfi1arL:e toe requirements of t;1·2se rules, and shall set
C':?d point va·~ue for each requirem,,~:t. TÞ", rating score of the
,.. ,,_ shall be the total of the weighted point value for all
~'.;otr3cted £rem 1CO. The completed inspection report form is a
.'.';;:òr:¡: t~at shall be made available f,Jr public disclosure to any
J requests it according to law.
(3) Correction of violations. The ins¿?ction report form shall
; r2~30nable period of time for the corr2ction of the violations
i correction of the violations sh~ll be acccmplis~ed within the
'cified, in accoraance with the following provisions:
(A) If an imminent health hazard exists, suc~ as complete lack
1ticn, refrigeration, an extended loss of water supply, an extended
~e, or sewage backup into the estab1ishsent, the establishment shall
,~y cease affected retail food store op~rations and s~aII immediately
~ regulatory authority. Such operations shall not be resumed until
d by the regulatory authority.
(F)
cor··,(: ":2,1. wi thin
not :0 exceed 10
All violations
a time specified
days.
of 4- or 5- point weighted items shall be
by t¡'e health authority, but in any event,
(c)
soon dS possible,
inspection.
e
All 1- or 2- point weighted items shall be corrected as
but in any event, by the time of the next routine
31
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(2) Tniunctions. The re?ulatary 2uthority ~8Y seek to enjoin
viol '."-" of these rules uf'lder the :::ro"isio71S of Article 4476-5, Texé1S Civil
St2C~ ~. The Tex2s Feod, Drug and CQs~2tic ftct.
De~31
su:;s
Drug
~229
er'lUl
m~eï:
be d.-
san 1 ~.
T~i~.~-:
to C;",
f~:: ,:"t
'. ~_) r
J
th;
or ,c.
Ins~~ct!~n report form. The Dep~r~mprt adopts by reference the
¡,: T'c':r~ ""titled, "1'''1:::1:;1 Focd S:,:·· Tllsrec~~ol1 Peport", described in
;¡ (~¡) (2:' or this:~·.:ion a:1,~ ,P,,:iL¡«e i" the Department's Food and
~~~l')n Cf::~e, 11 ~'3t ~9tb ~:r{-='~;:: j~u3tin~ T2XêS, 78756.
,:1t P ':
-'.
_:~):"".1.
.: -: ,3
= '. t -:. . ~ ~
FJilding facilities and
... ., c~· u 1 e sand w hi c h don 0 t
':s of these rules shall
~eing maintained in a
. - any) are in comDl1~nce
)f this title (relating
? 3 ã n.d
_-. p ,. r.
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..... Ç1
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. .~:':1
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:pment. New building
'ligations are incurred
) not fuJ 1y meet a1 J tne
'1 be acceptable if they
)G and the food-cOD[8ct
u of safe materials in
_~ ~ s).
..
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"~ r·
.;1
( ~--
.")-.
c . ._
-
. .
-......';"
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,>,;~ 1,__ affecr other provisions
.: .i C,
, '
33
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70
-~--~--;;:--_.-
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71
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72
Received by:
n.mø
title
Inspected b'/: nem.
title _
Use Rever.. for Rem_k~
City of Xrth Richland Hills~ Texas
~
V
September 15, 1987
PLEASE PUBLISH - SEPTEMBER 20, 1987
ORDINANCE NO. 1489
AN ORDINANCE ADOPTING THE TEXAS DEPARTMENT OF HEALTH RULES ON
RETAIL FOOD STORE SANITATION; DEFINING TERMS; REQUIRING COMPLIANCE WITH
SUCH RULES AND THIS ORDINANCE; REQUIRING PERMITS AND INSPECTIONS OF RETAIL
FOOD STORES AND FOOD SERVICE ESTABLISHMENTS; PROVIDING FOR SUSPENSION OF
PERMITS AND REVOCATION OF PERMITS; PROVIDING FOR FOOD SERVICE MANAGERS
TRAINING AND FOOD SERVICE EMPLOYEES TRAINING; PROVIDING FOR A SAVINGS
CLAUSE AND PROVIDING FOR A FINE FOR VIOLATION OF THIS ORDINANCE BETWEEN
$1.00 AND $1,000 AND PROVIDING FOR AN EFFECTIVE DATE.
PASSED AND APPROVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS THIS 14TH DAY OF SEPTEMBER, 1987.
j)tUJ ?dt
DAN ECHOLS, MA YOR ~
ATTEST:
nf'á'A//2?0 fiu.M
~tTTE REWIS, CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
. ~/ 'm!- &/w/c/
~CENfIRt, KTTORNEY R1~HE CITY
(817) 281-0041/7301 N.E. LOOP 820/P.O. BOX 18609/NORTH RICHLAND HILLS, TX 76180
e
'I
AOOPTID BY TlÆ TEXAS OOARD OF HFAL'lll
e
August 17, 1985
e
LEGAL AFFIDAVIT
THE STATE OF TEXAS:
COUNTY OF TARRANT
Before me, the undersigned authority on this day personally ap-
peared Virginia Rankin known to me to be a credible person, who
first being sworn, deposed and upon her oath said:
That she is the
C.A.D·of the Mid Cities Daily, a newspa-
per which has been regularly and continuously published and of general
circulation in the City/Town of
Hllr<:::r
, for a period of
.more than one year next preceding the first publication of the attached
Legal
and that he caused said notice to be published in
said newspaper on the following date(s).
9/20/87
That the attached is a true and correct copy of said notice as
N
published on said date(s) in said
day of Sep~ember
/ /J
/ .
/~ - /!-
Ç(~ 6~---7,[-L:--~
23
Sworn to and subscribed before
19~.
.4~ 7AU
Notary Public,
Dallas County, Texas
OR DI NANCE NO. 1489
AN OR DINANCE
ADOPTING THE TEXAS
DEPARTMENT OF
HEAL TH RULES ON
RETAIL FOOD STORE
SANITATION; DEFIN-
ING TERMS; REQUIR-
ING COMPLIANCE
WITH SUCH RULES
AND THIS ORDI-
NANCE; REQUIRING
PERMITS AND INSPEC-
TIONS OF RETAIL
FOOD STORES AND
FOOD SERVICE ES-
TABLISHMENTS; PRO-
VIDING FOR SUSPEN-
SION OF PERMITS AND
REVOCATION OF PER-
MITS; PROVIDING FOR
FOOD SERVICE MAN-
AGERS TRAINING AND
FOOD SERVICE EM-
PLOYEES TRAINING;
PROVIDING FOR A
SAVINGS CLAUSE AND
PROVIDING FOR A
FINE FOR VIOLATION
OF THIS ORDINANCE
BETWEEN $1.00 AND
$1,000 AND PROVIDING
FOR AN EFFECTIVE
DATE.
PA'SSED AND AP-
PROVED BY THE MAY-
OR "'ND CITY COUNCIL
OF ·tHE CITY OF
NORT~. RICHLAND
HLLS, TEXAS-THIS 14th
DAY OF SEPTEMBER,
1987.
Isl DAN ECHOLS
DAN ECHOLS, MAYOR
ATTEST:
Isl Jeanette Rewis
JEANETTE REWIS,
CITY SECRETARY
APPROVED AS TO
FORM AND LEGALITY:
Isl R,ex McEntire
REX MCENTIRE,
ATTORNEY FOR THE
CITY
MCDN CPN #749
PUB,: 9/20/87