HomeMy WebLinkAboutOrdinance 3167 ORDINANCE NO. 3167
AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 18 AND
APPENDIX A OF THE NORTH RICHLAND HILLS CODE OF
ORDINANCES; ESTABLISHING CLEARER RULES FOR SELF
REGULATION AND COMPLIANCE WITH STANDARDS AND
ENHANCING THE ABILITY OF CITY STAFF TO ENSURE THE SAFETY
OF FOOD PROVIDED FOR CONSUMPTION BY OTHERS;
ESTABLISHING STANDARDS; PROVIDING FOR ENFORCEMENT,
AMENDING FEES; PROVIDING FOR DUE PROCESS, PROVIDING
DEFINITIONS, ESTABLISHING A PENALTY, PROVIDING FOR
SEVERABILITY AND FOR PUBLICATION.
WHEREAS, City staff has recommended the adoption of amendments to the City's
regulations of food and food service establishments to provide more
definitive and detailed guidelines and standards and to clarify
requirements for fees, inspections and enforcement; and
WHEREAS, the City Council finds that the regulations adopted herein are necessary to
protect the health and safety of those who consume food within the City;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section 1: That Article IV of Chapter 18 of the North Richland Hills Code of
Ordinances be amended to read as follows:
"FOOD AND FOOD ESTABLISHMENTS
DIVISION 1. GENERALLY
Sec. 18 -191. Definitions.
When used in the article, the following words and terms, unless the context indicates a
different meaning, shall be interpreted as follows and this section shall include all
definitions included in the regulations adopted in section 18 -271:
Child care kitchen means a kitchen within a child care facility that prepares and /or
serves meals to children in care. Child care facilities that only serve non - potentially
hazardous snacks obtained from an approved source that require limited food handling
and require that children in care provide their own meals are excluded from this
definition.
Commissary means a facility that is permitted and inspected by a municipal or county
regulating health authority. The commissary shall provide safe storage of food, paper
goods, and single - service articles; equipment to wash, rinse, and sanitize food contact
equipment, disposal of waste water, washing and storage of mobile food units, weekend
food vendors, or other food vendors' equipment. Residential homes or apartments,
child care kitchens or kitchens that cannot be properly secured from entry by non -food
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employees will not be permitted as commissaries. All food products housed or
prepared at the commissary shall be properly packaged, labeled, and obtained from an
approved source.
Concession stand Seasonal food service means a facility that operates at a fixed
location in conjunction with scheduled, community -based sporting or recreational events
and operates for no more than four consecutive months (120 days in a 12 -month
calendar year). Concession stands are limited to approved menu items including
preparation and service of non - potentially hazardous foods, precooked, potentially
hazardous food products, and /or frozen, pre- formed hamburger patties requiring limited
preparation such as heating, seasoning, and serving. Food handler cards are required
for concession stand coordinator(s).
Consumer health inspector means the inspector of the department of neighborhood
services of the city or his designee.
Cooking means cooking all parts of a food to meet the time and temperature
requirements set in the Texas Food Establishment Rules without interruption in process
or procedure from refrigerated or frozen state until the food is completely and thoroughly
cooked.
Employee means any person working in a food service establishment including
individuals having supervisory or management duties.
Fee exempt means any non - profit organization with proof of non - profit status; parent -
teacher associations; scholastic -based booster clubs; any City -owned or City- operated
food service operation; and as otherwise determined by the director of finance or his
authorized representative or as otherwise designated by the city manager.
Food means 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, or
chewing gum.
Food Demonstration means temporary food service located within a retail grocery store
at which a vendor or employee provides food samples to the general public. Food
demonstration independent vendors and employees of the retail grocery providing
demonstrations shall operate under the direction of a certified food manager, possess
current North Richland Hills food handler cards, and meet all applicable food safety
requirements as specified in the Texas Food Establishment Rules for temporary food
service.
Food establishment means 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, 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. The term "food establishment" does not apply to the following:
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(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) Food processing plant;
(4) Temporary food establishments which operate at a fixed location for a
period of time not to exceed three consecutive days in conjunction with a
single event or celebration or concession stand which operates at a fixed
location in conjunction with scheduled, community -based sporting or
recreational events that serve only prepackaged, non - potentially
hazardous food products that have been properly prepared and packaged
in accordance with all state and local requirements and are properly
stored, handled, and served in the unopened, original package from said
temporary food establishments or concession stands.
(5) Temporary food establishments operated by non - profit, religious,
governmental agencies, or private individuals less than three days in
length.
(6) Kitchen in a private home if only food that is not potentially hazardous is
prepared for sale or service at a function such as a religious or charitable
organization's bake sale.
Priority classification. For the purpose of assessing permit fees and frequency of
inspections, the following definitions shall apply:
(1) Low priority. A food establishment that sells only prepackaged potentially
and non - potentially hazardous foods; prepares and /or serves only non -
potentially hazardous beverages; or other factors as determined by the
consumer health inspector or his authorized representative which would
require the establishment be inspected on a low priority basis, such as a
convenience store, discount store, or drug store.
(2) Medium priority. A food establishment that prepares, serves, or sells
potentially and non - potentially hazardous foods from precooked
ingredients with limited handling; fresh meat or seafood market that sells
only prepackaged meat or seafood packaged at an approved food
manufacturing plant; or other factors that require that establishment be
inspected on a medium priority frequency basis, such as a retail grocery
store, sandwich shop, produce market, ice cream shop, pizza
delivery/pickup, bakery, or candy store.
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(3) High priority. A food establishment that prepares, serves or sells foods
from raw meats or seafood; extensively handles foods; or other factors
that require that the establishment be inspected at the high priority
frequency basis, such as a full service restaurant, fast food restaurant,
seafood or fresh meat market where meat and /or seafood is handled,
prepared, or cut on site.
(4) Elevated priority. A food establishment that serves or sells foods from raw
meats or seafood, extensively handles food, and extensively holds
potentially hazardous foods hot and cold for service; operates 24 hours
per day; serves a highly susceptible population; or other factors that
require that the establishment be inspected at the elevated priority
frequency basis, such as a full service buffet or cafeteria restaurant, fast
food or full service food establishment open 24 hours per day, or hospital
or nursing home kitchen.
Health department means the department of neighborhood services of the city.
Mobile food unit means a vehicle- mounted food service establishment or a food service
establishment pulled behind a vehicle to be readily moveable. Mobile food units with
full - service kitchens and other trucks serving meals shall not stay at a fixed location
longer than 15 minutes and are limited to sales at construction sites only. Mobile food
units selling prepackaged ice cream and other non - potentially hazardous foods that
operate within the city shall also obtain a Solicitor's permit from the office of the city
secretary.
Municipal Special Event Vendor means a vendor that operates a temporary food service
establishment at a fixed location not to exceed five consecutive days in conjunction with
a single event or celebration sponsored, owned, or operated by the City of North
Richland Hills.
Non - potentially hazardous food means a food that is not potentially hazardous and does
not require time and temperature control for safety to limit pathogen growth and toxin
production. Non - potentially hazardous foods include but are not limited to popcorn,
pretzels, chips, snow cones, cotton candy, pickles, and cookies.
Potentially hazardous food means any food that consists in whole or in part of milk or
milk products, eggs, meat, poultry, fish, shellfish, edible crustacean or other ingredients,
cut fruit, baked potatoes, cooked rice, or other food in a form capable of supporting
rapid and progressive growth of infectious or toxicogenic microorganisms, or as further
defined by the Texas Food Establishment Rules .
Recurring Event Food Vendor means a vendor that operates from a temporary location
in conjunction with a community -based sporting or recreational event or school
fundraiser. Recurring Events include: outdoor temporary food service at a fixed location
for a period of time not to exceed one day per week for no more than four hours at a
time for no more than four consecutive months (120 days in a 12 -month calendar year),
not to exceed 16 events total; or indoor temporary food service that serves an approved
menu with limited food handling that coincides with community -based sporting,
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recreational, or scholastic events. Recurring Event Food Vendors shall currently
operate a permitted and inspected food establishment, serve an approved menu with
limited preparation at the event site, and be overseen by a Certified Food Manager.
Recurring Event Food Vendors also include non - profit, parent- teacher associations
serving only prepackaged or non - potentially hazardous foods and potentially hazardous
foods that require limited preparation and handling such as pizza.
Regulatory authority means the department of neighborhood services of the city.
Re- inspection means an inspection to determine compliance with applicable health
regulations.
Re- inspection fee means a fee assessed by the consumer health inspector based on a
health inspection score of 30 or greater and /or an establishment's failure to correct one
or more issues addressed at the time of inspection within the time frame established by
the inspector.
Rules and regulations means "Texas Food Establishment Rules" (TFER) of the state
department of health, division of food and drugs. A copy of those rules are on file in the
office of department of neighborhood services and made a part hereof. Such rules and
regulations are adopted and shall be in full force and effect within the city limits of the
city.
Temporary food establishments mean establishments which operate at a fixed location
for a period of time not to exceed three consecutive days in conjunction with a single
event or celebration. A business may only operate a for - profit temporary food
establishment once every four consecutive months (120 days in a 12 -month calendar
year).
Weekend food vendor means a food establishment which operates for no more than
three consecutive days over a weekend at a single business with a minimum of 100,000
square feet of building space and ten feet of space in front of such business for such
vendor. Weekend food vendors are limited to preparation and service of non -
potentially hazardous foods and precooked, potentially hazardous food products
requiring limited preparation such as heating, seasoning, and serving.
Sec. 18 -192. Compliance required.
It shall be unlawful for any person or firm to operate any food establishment as defined
in section 18 -191, within the corporate limits of the city, unless such operation is done in
conformance with the requirements of this article.
Sec. 18 -193. Fees.
The director of finance shall review all fees annually and adjust fees by the increase in
the DFW consumer price index for the preceding 12 months as established by the
department of commerce and are printed in appendix A.
Sec. 18 -194. 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
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article shall be fined, upon conviction, as provided in section 1 -13. Each day any
violation of noncompliance 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 civil enforcement and injunction as provided in V.T.C.A., Local Government
Code §§ 54.012 -- 54.019 and as may be amended may be exercised in enforcing this
article whether or not there has been a complaint filed.
Secs. 18-195--18-210. Reserved.
DIVISION 2. PERMIT
Sec. 18 -211. Required.
It shall be unlawful for any person or firm to operate a food establishment without a
permit.
Sec. 18 -212. Application.
(a) Generally. Application for a permit as required in this article in section 18 -211
shall be made in writing to the city consumer health inspector or his authorized
representative or as otherwise designated by the city manager upon forms
prescribed and furnished by the city. Application for a permit shall include a copy
of a government- issued identification that includes a photograph of the
applicant. Exceptions to this requirement shall be made for temporary food
service, municipal special event vendors, and recurrent event food vendors.
(b) Review of plans and specifications. Plans and specifications review are required
as follows:
(1) Prior to construction, or remodeling where structural and /or cosmetic
improvements valued at $5000 or more are involved or conversion of an
existing structure to be used as a food establishment, a complete set of
plans and specifications shall be provided. Such plans and specification
shall be made available for review by the fire marshal and the consumer
health inspector or his authorized representative or as otherwise
designated by the city manager for compliance with the provisions of the
building code, fire code, and this article. 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
The plans and specifications shall indicate the proposed layout,
arrangement, mechanical plans, and construction materials or work areas,
and the type or make of proposed fixed equipment and facilities.
Construction according to the specifications which have therefore been
submitted and approved by the city consumer health inspector or his
authorized representative or as otherwise designated by the city manager
must be commenced within six months of the said approval date and
completed within 12 months of commencement, or the plans must be
resubmitted for plan review and being subject to the current city
requirements.
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(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 18 months may apply to the city consumer health inspector or as
otherwise designated by the city manager 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 this article. All items required
by this article addressed by the department of neighborhood services shall
be completed prior to operations or introduction of food products into the
food establishment.
(4) Upon change of ownership or remodeling of a food establishment, any
violations addressed in previous inspections shall be resolved; the intent
of this section is to require installation of sinks or other equipment or
materials that are required by this ordinance or the Texas Food
Establishment Rules.
Sec. 18 -213. Authority to issue permits.
The city consumer health inspector or his authorized representative or as otherwise
designated by the city manager is hereby authorized to issue a permit to any person or
firm making application for a food establishment permit in the city provided that the
person or firm complies with the requirements of this article.
Sec. 18 -214. Issuance of permit; transferability; terms; penalties; categories.
(a) The city consumer health inspector or his authorized representative or as
otherwise designated by the city manager shall issue a permit if he determines
that:
(1) The technical review of plans and specifications are in compliance with
applicable laws and this article;
(2) The fees as set out by ordinance 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 article.
(b) Permit nontransferable. Every permit issued under the provisions of this article
shall be nontransferable. A food establishment shall permit the operation of the
establishment only at the location for which application is made. Change of
ownership of a food establishment requires submission of a new permit
application and payment of the permit fee and any applicable non - permit fees.
(c) Display of permit. Any permit granted under the provisions of this article shall
remain in full force and effect and displayed in a conspicuous public place for
inspection by the city consumer health inspector or his authorized representative
or as otherwise designated by the city manager for the term allowed according to
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permit category and type as defined in this article, unless suspended and /or
revoked for cause.
(d) Penalty for failure to renew. 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 $25.00
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. Any food
establishment that fails to renew any permit issued under the provisions of this
article within 30 days of permit expiration and continues to operate may be
closed by the department of neighborhood services and /or the person in charge
issued a citation. Whenever a food establishment is required under provisions of
this article to cease operation, it shall not resume operations until said permit and
fees are paid in full and a re- inspection determines that any other violations
addressed by the department of neighborhood services have been resolved.
(e) Permit categories. Permit categories are authorized as provided herein:
(1) Low Priority Food service establishment
(2) Medium Priority Food service establishment
(3) High Priority Food service establishment
(4) Elevated Priority Food service establishment
(5) Child Care Kitchen
(6) Mobile food unit
(7) Weekend food vendor
(8) Concession Stand / Seasonal
(9) Temporary Food Establishment
(10) Municipal Special Event Vendor
(11) Recurring Event Food Vendor
Sec. 18 -215. Permit fees and renewal.
(a) Fee required. Before a permit is issued, an applicant shall pay the fee as
established by ordinance, except fee exempt temporary food establishments, fee
exempt concession stands, and food establishments owned and /or operated by
the City of North Richland Hills.
(b) Application and renewal of certain permits. The following permits shall expire
annually on November 30 and must be renewed on December 1 of each
calendar year:
(1) Food service establishments elevated priority;
(2) Food service establishments high priority;
(3) Food service establishments medium priority;
(4) Food service establishments low priority;
(5) Child Care Kitchen
(6) Mobile food unit; and
(7) Weekend food vendor.
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(c) Proration of fees. Applicable fees may be prorated at 50 percent for food
establishment permits issued on or after May 1.
(d) Public Entities. Food establishments operated by a public entity such as an
Independent School District may be exempt from paying the Food Establishment
Permit fee, if approved by the regulatory authority.
Secs. 18- 216 - -18 -230. Reserved.
DIVISION 3. INSPECTIONS
Sec. 18 -231. Enforcement authority; inspections; report of inspections.
(a) Authority. The city consumer health inspector or his authorized representative or
as otherwise designated by the city manager 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 article and for the
purpose of determining the identity of the owner, operator, manager or supervisor
thereof and all persons employed therein.
(b) Inspections. Before a permit is issued, the city consumer health inspector or his
authorized representative or as otherwise designated by the city manager shall
inspect and approve the food establishment areas to be used. An inspection of a
food establishment shall be performed at least once annually and shall be
prioritized based upon assessment of a food establishment's compliance and
potential of causing food borne illness according to TFER.
(c) Classification of food establishments. The city consumer health inspector or as
otherwise designated by the city manager shall classify food establishments as
elevated priority, high priority, medium priority or low priority, according to the
type of operations; particular foods that are prepared; number of people served;
susceptibility of the population served; and any other risk factor deemed relevant
to the operation.
(d) Additional inspections. Additional inspections of the food establishment shall be
performed as often as necessary for the enforcement of this article.
(e) Refusal to allow inspection. Refusal of an owner, manager or employee to allow
the city consumer health inspector 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 18- 232(e)(1). Nothing herein or therein shall require notice of
suspension of this violation.
(f) Inspection warrant. In the event that the city consumer health inspector or his
authorized representative or as otherwise designated by the city manager 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 such permit) and refuses
entry, during normal business hours, then the city consumer health inspector or
his authorized representative or as otherwise designated by the city manager
may apply to the city 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 consumer health inspector or his authorized
representative or as otherwise designated by the city manager may be assisted
in service thereof by the city police department, or such other law enforcement
agencies as are deemed necessary to obtain entry.
(g) Building official and /or fire marshal to accompany inspector. The city consumer
health inspector or his authorized representative or as otherwise designated by
the city manager may also be accompanied during inspection by the building
official or his designee and /or fire marshal of the city or his designee or as
otherwise designated by the city manager.
Sec. 18 -232. Correction of violations; suspension of permit; revocation of permit.
(a) Enforcement procedures. The city consumer health inspector or his authorized
representative or as otherwise designated by the city manager may establish
enforcement procedures to ensure compliance with this article and which are
consistent with the regulations adopted herein, including, but not limited to written
warnings, compliance time limits, re- inspection fees, citations, 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 hazard exists, because of an emergency such as a fire,
flood, extended interruption of electrical or water service, lack of hot water
(at least 100 ° F or no less than the minimum required temperature set by
the TFER), sewage backup, misuse of poisonous or toxic materials, onset
of apparent food borne illness outbreak, uncontrolled infestation of insects
or rodents, gross unsanitary occurrence or condition, or other
circumstance that may endanger public health, the permit holder shall
immediately discontinue operations and notify the city department of
neighborhood services. If a business is closed for any of the above
mentioned violations, a closure sign shall be posted in public view. If the
department of neighborhood services places the closure sign in public
view, it cannot be removed or covered in any way, said sign shall state
that the business was closed by the city department of neighborhood
services or as otherwise designated by the city manager and shall not
reopen until such time as the violations or repairs have been completed
and a re- inspection has been completed by a city consumer health
inspector or as otherwise designated by the city manager. The consumer
health inspectors or as otherwise designated by the city manager are the
Ordinance No. 3167
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only persons authorized to remove the sign once it has been posted in
accordance with this article. Whenever a food establishment is required
under provisions of this article to cease operation, it shall not resume
operations until such time as a re- inspection determines that conditions
responsible for the requirement to cease operations no longer exist and
any other violations addressed by the department of neighborhood
services have been resolved.
(2) A permit holder shall, at the time of inspection, immediately P p Y correct a
critical violation and implement corrective actions. Considering the nature
g atu re
of the potential hazard involved and the complexity of the corrective action
needed, the consumer health inspector or as otherwise designated by the
city manager may agree to or specify a longer time frame, not to exceed
ten calendar days after the inspection, for the permit holder to correct
critical control point violations.
(3) All non - critical violations shall be corrected by a date and time agreed to
or specified by the consumer health inspector or as otherwise designated
by the city manager, but no later than 90 calendar days after the
inspection.
(4) In the case of temporary food establishments, all violations shall be
corrected immediately and within a time specified by the regulatory
authority, but in any event, not to exceed 24 hours following the
inspection.
(c) Re- inspection.
(1) Re- inspections shall be to determine corrected critical and non - critical
violations as defined in the regular inspection.
(2) Re- inspections shall be to determine compliance with plan review after
initial inspection and prior to issuance of permit.
(3) When the total cumulative demerit value of a food establishment's health
inspection exceeds thirty (30) demerits, multiple critical violations exist, or
the lack of overall cleanliness and sanitation poses a risk to health and
safety, the establishment shall initiate immediate corrective action on all
identified critical violations and shall initiate corrective actions on all other
violations within forty -eight (48) hours. One (1) or more re- inspections
shall be conducted at reasonable time intervals to ensure correction.
There shall be a re- inspection fee for all additional re- inspections required
to determine correction. The re- inspection fee shall be paid no later than
thirty (30) business days immediately following each re- inspection.
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(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, issuance of re- inspection fees, or issuance of
citations. An opportunity for a formal administrative hearing is provided for in
subsection (e) of this section.
(e) Suspension of permit.
(1) The city consumer health inspector or his authorized representative or as
otherwise designated by the city manager 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
18 -233. 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 days. The permit holder shall be afforded a
hearing within ten 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 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 provisions of this article
to cease operation, it shall not resume operations until such time as a re-
inspection determines that conditions responsible for the requirement to
cease operations no longer exist and any other violations addressed by
the department of neighborhood services have been resolved. Opportunity
for re- inspection shall be offered within a reasonable time.
(f) Revocation of permit. The city consumer health inspector or his authorized
representative or as otherwise designated by the city manager may, after
providing opportunity for a hearing as specified in subsection (e) of this section,
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 days following service of such notice
unless a written request for a hearing is filed within the ten 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.
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Sec. 18 -233. 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.
Sec. 18 -234. Hearings.
The hearing provided for in this article shall be conducted by the city manager or his
designee at a time and place designated by the city manager or his designee. After
such hearing, the city manager or his designee shall sustain, reverse or modify the
action of the city consumer health inspector in connection with the permit. A copy of
such action shall be furnished to the appellant by the consumer health inspector within
48 hours of the issuance of the said order and decision.
Secs. 18- 235 - -18 -250. Reserved.
DIVISION 4. TRAINING REQUIRED
Sec. 18 -251. Food service manager's training certification.
(a) Generally. Every food service establishment permitted herein shall employ no
less than one certified food manager who has attended a certified food
manager's class approved by the Texas Department of State Health Services
and who possesses a current North Richland Hills food manager certification..
Temporary food service establishments and food service establishments that
handle only prepackaged foods and non - potentially hazardous foods which
require only limited preparation are exempt from the provisions of this
article. Other food establishments may be exempt from this article and will be
determined on a case -by -case basis depending on the type of food handling
operation and the overall risk to the public health with written approval of the
director of neighborhood services or his authorized representative or as
otherwise designated by the city manager. In the case that a food establishment
receives a score of (25) or greater for three or more health inspections within a
calendar year or has extensive, repeat critical violations and a history of non-
compliance, there shall be no less than (1) certified food manager that meets
these requirements present at the food establishment during all hours of
operation.
(b) Certification; responsibilities. The certified food manager must be employed on
the premises of the establishment to be in compliance with this article. The
certified food manager certificate shall be obtained within the first 30 days of
employment in a managerial capacity. The certified food manager shall be
responsible for ensuring that all food handlers are trained and certified with the
city department of neighborhood services or as otherwise designated by the city
manager within the first 30 days of hiring. In the event that the certified food
manager is no longer employed on premises, the food establishment must
employ another certified food manager who possesses a current North Richland
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Hills food manager certification within 30 days of the effective date of termination
or permanent transfer of the previous certified food manager.
(c) Display of certifications. The owner or person in charge of any establishment
permitted herein shall display all such certifications in a conspicuous, public
place for inspection by the city consumer health inspector or his authorized
representative or as otherwise designated by the city manager. A copy of each
certified food manager's certification as described and required in this article shall
be filed in the records of the city.
(d) Fee. The fee set out in Appendix A is intended to cover the issuing of the
certificate only. If the training is obtained through the department of
neighborhood services, any cost to the city for such training shall be passed on
to the food service manager.
Sec. 18 -252. Food Handler Card.
(a) Required. Every employee of a food service establishment shall obtain a food
handler card from the city department of neighborhood services within the first 30
days of employment. Coordinators of concession stands, seasonal food service
operations, and recurring event food vendors shall also obtain the food handler
card within 30 days of operation.
(b) Training sessions. Prior to obtaining a food handler card, employees shall attend
a training session on food safety available through the city department of
neighborhood services or as otherwise designated by the city manager or attend
a certified food handler class approved by the Texas Department of State Health
Services .
(c) Fee; filing of copy. There shall be a fee, as set out in Appendix A, for this training
session and /or the food handler card. Volunteers of non - profit and fee - exempt
food establishments and food service employees of the City of North Richland
Hills shall be exempt from paying this fee.
(d) Exemption. Employees in food service establishments that do not work with food
or food contact items and employees that have obtained certified food manager
certification through the department of neighborhood services shall be exempt
from this article.
Secs. 18- 253 - -18 -270. Reserved.
DIVISION 5. REGULATIONS
Sec. 18 -271. State sanitation regulations adopted.
The state department of health bureau of food and drugs, "Texas Food Establishment
Rules," (TFER) (25 TAC 229.161 -- 229.171, 229.173- 229.175), as adopted by the state
board of health, effective October 6, 1998, and as amended thereafter are hereby
referenced and adopted as part of this article.
Ordinance No. 3167
Page 14 of 21
Sec. 18 -272. Examination and condemnation of food.
Food samples may be examined or taken for analysis by the city consumer health
inspector or his authorized representative or as otherwise designated by the city
manager 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
article, 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 consumer health inspector or his authorized representative or as
otherwise designated by the city manager. 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 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.
Sec. 18 -273. Equipment and utensils; design and fabrication.
(a) Standards for equipment. Residential refrigerators, freezers, and ranges are not
approved for use in commercial food service establishments or food stores.
Refrigeration units will be required to maintain a product temperature of five
degrees Celsius (41 degrees Fahrenheit). Smokers and grills used to prepare
meats shall be of commercial grade, placed in a secured area that the public
cannot access, must be maintained in a safe and sanitary manner and shall at all
times of operation be under the supervision of a food service manager. Only
equipment or utensils that meet or exceed the standards of the National
Sanitation Foundation (NSF) are approved.
(b) Exception to standards. An exception to the former equipment requirements may
be made with written approval of the city consumer health inspector or his
authorized representative for food establishments that will operate only under a
temporary permit.
Sec. 18 -274. 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. If such
equipment is to be installed in a food preparation area, it must be completely enclosed.
Sec. 18 -275. Sanitary facilities and equipment.
(a) Lavatories and hand washing sinks. Lavatories and hand washing sinks 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
Ordinance No. 3167
Page 15 of 21
equipped with hot and cold, potable water under pressure and metered by a
mixing valve. The faucet shall be equipped with wing or lever handles, wrist
handles, or foot pedals in place of knobs. Automatic hand washing facilities shall
allow water to flow for at least twenty (20) seconds in order to meet required time
limits for hand washing; water shall reach 100 ° F within twenty (20) seconds. Hot
water shall reach no less than 100 ° F or as required by Texas Food
Establishment Rules at all hand sinks and lavatories within 20 seconds of
operation. For new construction and those facilities that have undergone
extensive remodeling, a hand washing sink shall be located to allow convenient
use for employees in all food preparation, food dispensing, and ware washing
areas; in, or immediately adjacent to toilet facilities; and at least (1) hand washing
sink shall be on each cook line, for direct use by all employees while working on
the cook line; and within every twenty -five (25) linear feet of unobstructed space
in food preparation and utensil washing areas, or as otherwise approved by the
regulatory authority. An approved splash guard may be required to separate the
hand washing sink from food preparation, service, or storage areas. Water
heaters must be of sufficient capacity to meet all hot water needs throughout the
facility during all hours of operation.
(b) Lavatory and hand washing sink supplies. If hand drying devices providing
heated air are provided, they may only be used in restrooms. A sanitary
dispenser containing hand cleaner and a sign that states or demonstrates proper
hand washing shall be provided at each lavatory and each hand sink. Sanitary
disposable towels shall be provided in a dispenser conveniently located near
each hand sink in food preparation and food service areas. Hand washing sinks
in food preparation or food service areas shall also be equipped with a supply of
single -use gloves or other specified second barrier that is properly stored and not
subject to splash.
(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.
An exception to this rule based on allowed occupancy of 15 people or
fewer or as specified by International Building Code and facility priority
rating may be made with written approval of the director of neighborhood
services or his authorized representative or as otherwise designated by
the city manager.
(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, or through the food preparation area.
Employees shall have access to the toilet facilities without having to exit
the building. An exception to this rule may be allowed in a theme park
setting based on overall facility layout and condition of and proximity to
toilet facilities with written approval of the director of neighborhood
Ordinance No. 3167
Page 16 of 21
services or his authorized representative or as otherwise designated by
the city manager.
(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. In -use
dish cloths must be stored in sanitizer meeting requirements stated in TFER.
(e) Grease traps /interceptor. Grease traps /interceptors installed in food
establishments shall be located outside the establishment, unless approved in
writing by the building official, construction board of appeals, director of public
works, and city consumer health inspector or his authorized representative or as
otherwise designated by the city manager. Grease traps shall be located for
easily accessible cleaning and shall be cleaned by a waste hauler that holds a
current waste hauler permit through the department of neighborhood services.
Grease traps shall be cleaned as often as required by city ordinance, state law,
or federal law, but no Tess than twice annually (two times within twelve calendar
months). Trip tickets documenting the removal of wastes shall be kept on site for
review.
(f) Sinks. In all new or extensively remodeled food establishments at least a three
compartment sink shall be provided for the manual washing, rinsing, and
sanitizing of utensils and equipment. If heat is used to sanitize equipment and
utensils, a minimum temperature of 170 degrees Fahrenheit is required. If raw
fruits and vegetables are cut and /or prepared on site, a separate preparation sink
equipped with hot and cold water shall be installed for the purpose of washing
raw fruits and vegetables. Where applicable, a separate sink shall be installed
for the thawing of frozen meat products if frozen meat products are subject to
rapid thawing under cool, continuously running water or for meat/seafood
products that require additional preparation, such as cleaning shellfish.
Preparation sinks shall be properly labeled.
(g) Mechanical utensil washing facilities. In all new and extensively remodeled food
establishments having mechanical utensil washing facilities, at least one three -
compartment sink shall be provided in addition to the mechanical utensil washer.
(h) Floors, walls, ceilings. Floors, walls, and ceilings in all food preparation, food
service, ware washing, and any other area subject to splash shall be light in
color, designed, constructed, and installed so they are smooth, non - absorbent,
and easily cleaned. FRP (fiberglass reinforced paneling), stainless steel,
commercial tile, or other material approved by consumer health shall be required
for all food preparation and food service wall surfaces. Painted concrete floors
are prohibited. Carpeting may not be installed as a floor covering in any area
subject to moisture, flushing, or spray cleaning methods. Carpeted areas shall
be regularly cleaned and shall be removed or replaced if those areas become
extremely distressed and unable to be properly repaired or become soiled, filthy,
and no longer cleanable.
Ordinance No. 3167
Page 17 of 21
(i) Distressed merchandise, segregation, location, and marking. Products that are
held by the permit holder for credit, redemption, or return to the distributor, such
as damaged, expired, spoiled, or recalled products, shall be separated and
stored properly in designated areas that are separated from food, equipment,
utensils, linens, and single - service articles. Such products shall be clearly
marked that they are not to be used or served.
(j) Employee personal storage. Food employees shall have designated space
within the food establishment to allow for storage of personal items, such as
jackets, coats, personal foods, and drinks. Employee personal items shall never
be stored in areas that could potentially contaminate food, food contact items,
clean equipment, clean linens, or single - service /single -use articles. Employees
may only drink from a non - spillable, closed beverage container that is handled
and stored to prevent contamination of the employee's hands, the drink
container, exposed food, clean equipment, utensils, and linens, unwrapped
single - service /single -use articles.
(k) Pest control. In the event that the presence of pests is determined at a food
facility, the department of neighborhood services may require the food
establishment to obtain additional pest control treatments in order to properly
control pests. All pest control efforts shall be administered and overseen by a
commercial pest control applicator licensed by the Texas Department of
Agriculture, and all pest control records shall be on site and available for review.
Sec. 18 -276. 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 consumer health
inspector or his authorized representative or as otherwise designated by the city
manager may impose additional requirements pertaining to temporary and mobile food
establishments or mobile food itinerant, in order to protect the public health and may
prohibit the sale of some or all potentially hazardous foods from the former
establishments. Excluded from this section are businesses that sell frozen,
prepackaged meals and frozen, prepackaged food products that have been packaged
at a manufacturing plant inspected by the FDA, USDA, or other federal agency and
deliver said product in a frozen state in commercial, refrigerated trucks. Such
businesses shall obtain a solicitor's permit from the office of the city secretary and a
permit to operate as a mobile food unit from the department of neighborhood services.
Sec. 18 -277. Weekend food vendors.
Weekend food vendors must have a separate license for each location they serve and
must provide, in writing, a statement of the location of the commissary that is used by
the vendor to store food and equipment associated with the food, which must be
inspected by the state department of health, or a Texas city or county health
department. No operations shall be permitted in any fire lane and at least four feet of
walkway into the building must remain open and unobstructed. No weekend food
vendor shall operate in any zoning district other than retail or commercial. All zoning
and fire regulations must be complied with. Weekend food vendors shall not be allowed
Ordinance No. 3167
Page 18 of 21
to operate except within the ten feet closest to the front of the business building and
shall not be allowed to operate unless the primary business building is open to the
public.
Sec. 18 -278. Additional Requirements.
(a) Temperature Log and Cleaning Schedule Required. All medium, high, and
elevated priority food establishments shall be required to keep a daily
temperature log in order to ensure proper food safety and good hygienic
practices. This log shall include, but is not limited to, records of refrigerator and
freezer temperatures taken from internal thermometers; temperatures of
potentially hazardous foods received, cooked, held hot, held cold; records of
cooling potentially hazardous foods; tracked use of time as a public health control
where allowed by law; calibration of thermometers; concentration of sanitizer at
the mechanical utensil washing facilities and /or three - compartment dish washing
sinks; records of additional training or re- training on employee good hygienic
practices; food temperatures at catered events; and any other critical control
point that shall be tracked in order to ensure proper food safety as established by
the regulatory authority. In addition, all medium, high, and elevated priority food
establishments shall be required to keep a daily cleaning schedule or log to
ensure proper cleaning of all equipment and surfaces throughout the food
establishment. All temperature log records and cleaning logs shall be kept on
site at the food establishment for a minimum of 30 days and shall be available for
review upon inspection by the regulatory authority,
(b) Bare Hand Contact Documentation. Where allowed by law, a business may opt
not to use single -use gloves as a secondary barrier as required by the Texas
Food Establishment Rules when handling ready to eat foods. Such business
shall submit the required bare hand contact documentation stating that required
training has taken place; include a statement of which secondary barrier is used;
and a statement of corrective actions in the case of improper bare hand contact.
This documentation shall be provided to the consumer health division and shall
be available on site at the food establishment and available for review. The
consumer health division shall review the submitted documentation and may
approve the method submitted if the said method meets all requirements."
Section 2: That Appendix A of Chapter 18, Section 18 -193 of the North Richland Hills
Code of Ordinances be amended to read as follows:
Section 18 -193 Food service fees
Application fee 97.00
Plan review 114.00
Annual permit fee:
Elevated priority 500.00
High priority 436.00
Low priority 252.00
Medium priority 372.00
Ordinance No. 3167
Page 19 of 21
Child Care Kitchen 100.00
Reinspection 50.00
Recurring Event Food Vendor
NRH Business 35.00
Business Outside NRH 50.00
Temporary Event Food Vendors:
Nonprofit 0
Profit 69.00
Food handler permit
Permit fee 19.00
(3 yrs.) under the age of 62
Permit fee 6.00
(3 yrs.) over the age of 62
Duplicate fee 2.00
Food manager's permit
Permit fee 13.00
(5 yrs. from state issuance date)
Duplicate fee 2.00
Swimming pools — public and semipublic permit
Application (new owner /new business 97.00
Plan review 114.00
Annual permit fee per pool /spa 149.00
Mobile food unit permit fee (per vehicle) 126.00
Waste haulers
Hauler /Pumper 126.00 per vehicle
Trip Ticket Book 13.00 each
Weekend food vendor
Permit 126.00
Seasonal Food Vendor 126.00
Concession Stands 126.00
Municipal Special Events Vendor
Nonprofit 0.00
Profit 69.00
Space /Utility Fees
Nonprofit 29.00
Profit 46.00
Section 3: It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this ordinance are severable
and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be
declared unconstitutional or otherwise invalid by the final judgment or decree of any
court of competent jurisdiction, such invalidity shall not affect any of the remaining
Ordinance No. 3167
Page 20 of 21
phrases, clauses, sentences, paragraphs and sections of this ordinance, since the
same would have been enacted by the city council without the incorporation in this
ordinance of any such invalid phrase, clause, sentence, paragraph or section.
Section 4: Any person, firm or corporation violating any provision of this ordinance
shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an
amount not to exceed Five Hundred Dollars ($500.00); provided however, any violation
of any provision that governs fire safety, public health, and /or sanitation, shall be
punished by a fine not to exceed Two Thousand Dollars ($2,000.00). Each day and any
such violation shall be allowed to continue shall constitute a separate violation and
punishable hereunder.
Section 5: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clauses hereof.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on the 10th day of October, 2011.
CITY • ORTH - • HLAND HILLS
a •.0 H L t� o ,,q,�� B ,
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A ST: n .ti Oscar Trevino, Mayor
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Patricf 4 �u ia i*pnt 4 Secretary
APP - .t1V :LB .,‘ A O FO M AND LEGALITY:
40 4411;p4 ,/
George A. Staples, ity Attorney
APPROVED AS TO CONTENT:
la., fri,vdc
J. n Stout, Director of Neighborhood Services
Ordinance No. 3167
Page 21 of 21
INVOICE
Star - Telegram Customer ID: CIT13
400 W. 7TH STREET Invoice Number: 318298691
FORT WORTH, TX 76102
(817) 390 -7761 Invoice Date: 10/17/2011
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
Bill To:
Due Date: 10/31/2011
CITY OF NORTH RICHLAND HILLS /SE PO Number:
PO BOX 820609 Order Number: 31829869
NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073
Description: CITY OF NORTH RI
Attn: STACEY HARRISON Publication Dates:l0 /14/2011 - 10/17/201
am z, c
CITY OF NORTH RICHLAND HILLS
CITY OF P ORDINANCE N0. 3167 I3580 1 43 43 LINE $3.09 $265.58
An Ordinance amending Article IV of
Chapter 18 and Appendix A of the
North Richland Hills Code of Ordi-
SaleS DiSCC nances; establishing clearer ryles $210.22
for self regulation and compliance
with standards and enchanting the
MisC Fee ability of city staff to ensure the $10.00
safety of food provided for con
sumption by others; establishing
standards; providing for enforce-
ment, amending fees; providing for
due process, providing definitions,
establishing a penalty, providing for
severability and for publication. Net Amount' 11 111111 /IU //
Any person, firm or corporation �% %,% t� � 65.36
violating any provision of this `�\p o L. rt0 *"
ordinance shall be deemed guilty ``�% C ., • z g %,
of a misdemeanor and upon final - o Y PU
conviction thereof fined in an : w
amount not to exceed Five Hundred /
Dollars ($500.00); provided how - Z ,*
ever, any violation of any provision
that governs fire safety, public rq '
health, and /or sanitation, shall be �' , �"
punished by a fine not to exceed �• Of-
Two Thousand Dollars ($2,000.00). 5 •,. �CPIRE9 ;
Each day and any such violation / /j .....•' ��
shall be allowed to continue shall
co n titutlea separa
ate violation and ''', / f113�
THE STAT Passed and Approved on this 10th
County Of �O OscarTcrevino 2011.
Oscar Trevino - AUa
Before me ATTEST: :oun and State, this da personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
//s /Patricia Hutson Y P Y PP Y g
the Star -TE Patricia Hutson - City tars legram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the att APPROVED AS To FOR AND
LEGALITY: nt was p ublished in the above named p aper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 215 -: /s /George Staples_
Ge orge Staples - City Attorney
Signed
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, October 17, 0
Notary Public
Thank You For Your Payment
Remit To: Star - Telegram Customer ID: CIT13
P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN
FORT WORTH, TX 76101 -2051 Invoice Number: 318298691
Invoice Amount: $65.36
PO Number:
Amount Enclosed: