HomeMy WebLinkAboutOrdinance 1129
ORDINANCE NO. 1129
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 ESTABLISHMENT OR OPERATION
OF FOOD SERVICE ESTABLISHMENT, REQUIRING A PERMIT, LICENSE OR CERTIFICATE
PRIOR TO AND DURING OPERATION AND PROVIDING A PENALTY FOR VIOLATION OF ANY
PROVISION OF THIS ORDINANCE BE ADOPTED.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS, THAT:
SECTION I - DEFINITIONS
For the purpose of this ordinance the following terms are defined:
A. Council: The City Council of the City of North Richland Hills,
Texas.
B. Health Department: The Tarrant County Health Department.
C. Food Service Establishment: Shall mean restaurants, cafes,
cafeterias, coffee shops, grocery stores, roadside stands,
produce markets, meat markets and any other establishment that
sells food or drink to the public.
D. Regulatory Authority: Shall mean the Tarrant County Health
Department or the City of North Richland Hills, Texas.
E. Rules and Regulations: Shall mean the "Rules on Food Service
Sanitation" of the Tarrant County Public Health Department,
Environmental Health Department. 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.
SECTION II - COMPLIANCE PROCEDURES
A. Permits, License, or Certificates
1. General. No person shall operate a food service
establishment in the City of North Richland Hills, Texas who
does not have a valid permit, license, or certificate issued
to him by the regulatory authority. Only a person who
complies with the requirements of this ordinance shall be
entitled to receive or retain such a permit, license, or
certificate, permits, licenses, or certificate shall be
posted in every food service establishment. The permit,
license or certificate shall be issued by the Tarrant County
Health Department or the City of North Richland Hills,
Texas.
ORDINANCE NO. 1129
Page 2
If the City of North Richland Hills issues a permit it shall collect
the following fees for a permit, license or certificate:
a. $
for one calendar year.
b. $ for a temporary permit which shall be valid for
one calendar month.
All permits, licenses or certificates (other than temporary permits)
shall cover the period from date of issuance until December 31st of the
calendar year.
2. Suspension of Permit, License, or Certificate. The regulatory
authority may, without warning, notice, or hearing, suspend any
permit, license, or certificate to operate a food service
establishment if the holder of the permit, license, or
certificate does not comply with the requirements of this
ordinance, including all terms of the Rules and Regulations
adopted above.
3. Revocation of Permit, License, or Certificate. The regulatory
authority may revoke a permit, license, or certificate for
violations of any of the requirements of this ordinance or for
interference with the regulatory authority in the performance of
its duties.
4. Service of Notices. A notice provided for in this ordinance is
properly served when it is delivered to the holder of the
permit, license, or certificate, or the person in charge, or
when it is sent by certified mail to the last known address of
the holder of the permit, license, or certificate. A copy of
the notice shall be filed in the records of the regulatory
authority.
5. Grounds for Revocation. A violation of the Rules and
Regulations or the harboring of any unsanitary condition shall
be grounds for revocation of any permit or license. Notice of
such violation shall be given and the food service
establishment shall be given three days to correct such
violation or unsanitary condition. In the event that such
violation or unsanitary condition is not abated within such
three day period the enforcing authority shall have the
authority to revoke any permit or license and to close such
establishment to the public.
B. Inspections
1. Inspection Frequency. An inspection of a food service
establishment shall be performed at least once ever six months.
Additional inspections of the food service establishment shall
be performed as often as are necessary for the enforcement of
this ordinance.
ORDINANCE NO. 1129
Page 3
2. Access. Agents of the regulatory authority, after proper
identification, shall be permitted to enter any food service
establishment at any reasonable time, for the purpose of making
inspection to determine compliance with this ordinance. The
agents shall be permitted to examine the records of the
establishment to obtain information pertaining to the food and
supplies purchased, received, or used, or to persons employed.
3. Report of Inspections. Whenever an inspection of a food service
establishment is made, the findings shall be recorded on a
inspection report form. A copy of the inspection report form
shall be furnished to the person in charge of the establishment
at the conclusion of the inspection. The completed inspection
report form is a public document that shall be made available
for public disclosure to any person who requests it according to
l~.
4. Grease Traps. Grease traps must be installed at all food
service establishments. The size will be determined by the
Director of Public Works or his agent. In determining size
consideration will be given to flow rate, estimated volume, type
of establishment, and possibility of future expansion.
Cleaning of all grease traps shall take place at least once a
month or more often if directed by the Director of Public Works
or his agent. Cleaning shall be accomplished by a person or
persons qualified and licensed by the Tarrant County Health
Department to do said work.
Proof of cleaning must be submitted to the City Inspection
Department each time cleaning occurs.
5. Correction of Violations.
a. The inspection report form shall specify a three day 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 refrigeration or sewage backup into the
establishment shall immediately cease food service
operations. Operations shall not be resumed until
authorized by the regulatory authority.
(2) In the case of temporary food service establishments,
all violations shall be corrected within 24 hours. If
violations are not corrected within 24 hours, the
establishment shall immediately cease food service
operations until authorized to resume by the regulatory
authority.
ORDINANCE NO. 1129
Page 4
b. The inspection report shall state the failure to comply with
any time limits for corrections may result in cessation of
food service operations.
c. Whenever a food service establishment is required under the
provisions of this section to cease operations, it shall not
resume operations until such time as a reinspection
determines that conditions responsible for the requirement
to cease operations no longer exists. Opportunity for
reinspection shall be offered within a reasonable time.
C. Examination and Condemnation of Food
1. General. Food may be examined or sampled by the regulatory
authority as often as necessary for enforcement of this
ordinance. The regulatory authority may place a hold order
on or any food which it believes is in violation of items of
control shown on the report form attached hereto, or any
other section of this ordinance. The regulatory authority
shall tag, label, or otherwise identify any food subject to
the hold order. No food subject to a hold order shall be
used, served, or moved from the establishment. The
regulatory authority shall permit storage of the food under
conditions specified in the hold order unless storage is not
possible without risk to the public health in which case
immediate destruction shall be ordered and accomplished.
D. Review of Plans
1. Submission of Plans. Whenever a food service establishment
is constructed or extensively remodeled and whenever an
existing structure is converted to use as a food service
establishment, properly prepared plans and specifications
for such construction, remodeling, or conversion shall be
submitted to the regulatory authority for review and
approval before construction, remodeling or conversion is
begun. The plans and specifications shall indicate the
proposed layout, arrangement, mechanical plans, and
construction materials of work areas, and the type and model
or proposed fixed equipment and facilities. The regulatory
authority shall approve the plans and specification if they
meet the requirements of this ordinance. No food service
establishment shall be constructed extensively remodeled, or
converted except in accordance with plans and specifications
approved by the regulatory authority.
2. Pre-Operational Inspection. Whenever plans and
specifications are required by this ordinance to be
submitted to the regulatory authority, the regulatory
authority shall inspect the food service establishment prior
to its beginning operation to determine compliance with the
approved plans and specifications and with the requirements
of this ordinance.
ORDINANCE NO. 1129
Page 5
3. After such building is in use by a food service
establishment the doors, windows and other parts of the
building will be maintained so as to not allow entry of
flies, roaches or other vermin. No unsanitary condition
shall be allowed to exist which would constitute a danger to
the health of persons eating in such establishment.
E. Procedure When Infection is Suspected
1. General. When the regulatory authority has reasonable cause
to suspect the possibility of disease transmission from any
food service establishment employee it may secure a
morbidity history of the suspected employee or make any
other investigation as may be indicated and shall take
appropriate action. The regulatory authority may require
any or all of the following measures:
a. The immediate exclusion of the employee from all food
service establishments.
b. The immediate closing of the food service establishment
concerned until, in the opinion of the regulatory
authority, no further danger of disease outbreak exists.
c. Restriction of the employee's services to some area of
the establishment where there would be no danger of
transmitting disease.
d. Adequate medical and laboratory examination of the
employee, of other employees and of his and their body
discharges.
F. Remedies
1. Penalties. Any person who violates a provision of this
ordinance and any person who is the permit holder of or
otherwise operates a food service establishment that does
not comply with the requirements of this ordinance and any
responsible officer of that permit holder or those persons
may be fined not more than one thousand dollars ($1,000.00).
2. Injunctions.The regulatory authority may seek to enjoin
violations of this ordinance.
3. Repeal and Date of Effect. This ordinance shall be in full
force and effect upon adoption and publication as provided
by law; and, at that time, all ordinances and parts or
ordinances in conflict with this ordinance are hereby
repealed.
4.
Unconstitutionality Clause.
sentence, clause, or phrase
unconstitutional or invalid
said ordinance shall not be
Should any section, paragraph,
of this ordinance be declared
for any reason, the remainder of
affected thereby.
ORDINANCE NO. 1129
Page 6
5. Operation. This ordinance shall be operative within the
City limits of the City of North Richland Hills, Texas and
may be enforced by either the Tarrant County Health
Department or the City of North Richland Hills, Texas.
G. Repeal: Ordinance No. 659 be and is hereby repealed.
The general health and well-being of the citizens of the City of
North Richland Hills being affected hereby, it is further ordained that the
provisions of this ordinance take effect immediately upon first reading as an
emergency matter.
PASSED AND APPROVED this 14th day of May, 1984.
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~W;j
Echols - Mayor
Dan
ATTEST:
(}/&7l~
¡;;;ette Moore
,YJ/:úd
- City Secretary
APPROVED AS TO FORM AND
Rex McEntire - City Attorney
LEGAL AFFIDAVIT
THE STATE OF TEXAS:
COUNTY OF TAI\LANT:
Before me, the undersigned authority on this day personally ap-
peared Robert A. Eierdam
known to me to be a credible person, who
first being sworn, deposed and upon her oath said:
Advertising Manager Mid Cities Daily News
That she is the of the , a newspa-
per which has been regularly and continuously published and of general
circulation in the City/Town of Hurst
, for a period of
more than one year next preceding the first publication of the attached
Legal Notice and that he caused said notice to be published in
said newspaper on the following date(s). ..5~ ð ft Ý
That the attached is a true and correct copy of said notice as
published on said date(s) in said ~; N~..:..,.~
Sworn to and subscribed before me, this the 1st. day of Jun;-
19~.
tß-~A.~
Eleanor ~. Lewis Notary Public,
Tarrant County, Texas
ORDINANCE
NO. 1129
WHEREAS, the City
Council of the City of
North Richland Hills,
Texas, has deter~
mined that the regu-
lation of food service
establishments is nec-
essary for the health,
safety and welfare of
the inhabitants of the
City it is therefore 01'-.
dained that an ordi-:
nance regulating the'
establishment or op..,
eration or food servicé
establishments, reo,
Quiring a permit, Ii-
: cense or certification
prior to and during
operation and provid-
ing a penalty for vio"'
lation of any
provision of this ordi-
nance be adopted.
Passed and approved
this 14th day of May,
1984.
s/ Dan Echols
Mayor
ATTEST:
s/ Jeanette Moore
City Secretary
APPROVED AS TO
FORM AND
LEGALITY:
s/ Rex McEntire
City Attorney
MCDN PN 12796
Pub: 5/20/84