HomeMy WebLinkAboutOrdinance 2645
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ORDINANCE NO. 2645
AN ORDINANCE AMENDING CHAPTER 10~ OF THE NORTH RICHLAND
HILLS CODE OF ORDINANCES AND CODIFYING PREVIOUSLY ADOPTED
FOOD SERVICE REGULATIONS; OMITTING REFERENCES TO OBSOLETE
RULES; MODIFYING HEARING REQUIREMENTS; ESTABLISHING FEES;
PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING
ORDINANCES; ESTABLISHING A PENALTY; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City staffhas recommended revision of hearing requirements established by
Ordinance 2406 and revisions of obsolete and amended statutory references and
codification of food service regulations previously established; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section 1:
THAT Chapter 101'2 of the Code of Ordinances, City of North Richland Hills,
Texas, is hereby amended to read as follows:
"CHAPTER 1 O~
FOOD AND FOOD ESTABLISHMENTS
ARTICLE I. GENERAL
Sec. 10~-1. State Sanitation Regulations Adopted.
The State of Texas Department of Health Bureau of Food and Drugs, "Texas Food Establishment
Rules," (T.A.C. 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 Ordinance.
Sec. 10~-2. Definitions.
When used in the ordinance, the following words and terms, unless the context indicates a
different meaning, shall be interpreted as follows:
Adopted by Reference: All definitions included in the regulations adopted.
City Environmental Services Inspector: Environmental Services Inspector ofthe Environmental
Services Department of the City of North Richland Hills or his/her designee.
Council: The City Council of the City of North Richland Hills, Texas.
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Employee: Any person working in a food service establishment including individuals having
supervisory or management duties.
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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.
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Food Establishment: Anyplace which offers, produces, or stores food for consumption in single
or larger portions or quantities, including but not limited to food service establishments, retail
food stores, food processing establishments, commissaries, warehouses and food itinerants
whether such operations be mobile or operate from a fixed location; and whether there is a charge
of a direct and/or indirect nature or said food is given away without a charge. This term does not
apply to the following:
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(1)
Private homes where food is prepared, served or stored for individual family
consumption.
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(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.
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For the purpose of assessing fees, the term does not include the following operations and/or
establishments, provided that the operations of the former do not expose the public to a
substantial and imminent health hazard as determined by the City Environmental Services
Inspector or his/her authorized representative and provided such establishment obtains a permit
from the Environmental Services Department ofthe City of North Richland Hills.
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(3)
Temporary Food Establishments which operate at a fixed location for a period of
time not to exceed fourteen (14) consecutive days in conjunction with a single
event or celebration provided that such temporary food establishments are both
owned and operated by nonprofit organizations based within the City.
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(4)
Concession Stands which operate at a fixed location in conjunction with
scheduled, community-based sporting or recreational events provided:
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(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.
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(c)
This restriction does not apply to any prepackaged, potentially hazardous
food product that has been properly prepared and packaged in accordance
with all Texas Department of Health and local requirements and is
properly stored, handled, and served in the unopened, original package
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(5)
from said concession stands.
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Establishments Which Handle Only Fresh, unprocessed fruits, nuts, and
vegetables whether such establishments operate from a fixed location or are
mobile in nature.
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Priority Classification: For the purpose of assessing permit fees and frequency of inspections,
the following definitions shall apply:
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(a)
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(b)
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(c)
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Low Priority: a food establishment that sells only pre-packaged hazardous
foods; prepares and/or serves only non-potentially hazardous beverages or
foods with minimal handling; or other factors as determined by the
Environmental Services Inspector or his/her authorized representative
which would require the establishment be inspected on a low priority
basis.
Medium Priority: a food establishment that prepares, serves, or sells
foods from pre-cooked ingredients with limited handling, or other factors
that require that establishment be inspected on a medium priority
frequency basis, such as a retail grocery store, sandwich shop, seasonal
fast food, produce market, ice cream shop, bakery or candy store.
High Priority: a food establishment that prepares, serves or sells foods
from raw meats or seafood, extensively handles foods, serves a highly
susceptible population, 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 market, fresh meat market,
delicatessen, caterer, hospital food service, or nursing home food service.
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Health Department: Environmental Services Department of the City of North Richland Hills.
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Mobile Food Unit: A vehicle-mounted food service establishment or a food service establishment
pulled behind a vehicle to be readily moveable.
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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.
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Regulatory Authority: The Environmental Services Department of the City of North Richland
Hills.
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Re-Inspection: Inspection to determine compliance with applicable health regulations.
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Rules and Regulations: "Texas Food Establishment Rules" ofthe Texas Department of Health,
Division of Food and Drugs. A copy ofthose rules are attached hereto and made a part hereof.
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Such Rules and Regulations are adopted and shall be in full force and effect within the City limits
of North Richland Hills, Texas.
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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.
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Temporary Food Service: An establishment at a fixed location which operates for no more than
five (5) consecutive days, in conjunction with an event or celebration sponsored by a business or
organization with a location where such service occurs.
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Weekend Food Vendor: A food establishment which operates for no more than three (3)
consecutive days over a weekend at a single business or single group of contiguous business with
a minimum of 10,000 square feet of building space and ten (10) feet of space in front of such
businesses for such vendor.
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ARTICLE II. COMPLIANCE PROCEDURES
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Sec. 1 O~-16. Compliance Required.
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It shall be unlawful for any person or firm to operate any food establishment as defined in Article
I above, within the corporate limits of the City of North Richland Hills, Texas, unless such
operation is done in conformance with the requirements of this ordinance.
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Sec. 1 O~-17. Authority to Issue Permits.
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The City Environmental Services Inspector or his/her authorized representative is hereby
authorized to issue a permit to any person or firm making application for a food establishment
permit in the City of North Richland Hills provided that the person or firm complies with the
requirements of this ordinance.
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Sec. 10~-18. Permit Required.
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It shall be unlawful for any person or firm to operate a food establishment without a permit.
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Sec. 10~-19. Application for Permit.
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A.
Application for such permit as required in this Article in Section 3 shall be made in
writing to the City Environmental Services Inspector or his/her authorized representative
upon forms prescribed and furnished by the City of North Richland Hills.
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B.
Plans and specifications review are required as follows:
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(1)
Prior to construction, extensive remodeling or conversion of an existing structure
to be used as a food establishment, a complete set of plans and specifications for
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review under the building code and administratively coordinated and made
available to the fire marshal and the Environmental Services Inspector or his/her
authorized representative for review under the provisions ofthe Fire Code and this
Article, and no construction of a food establishment shall take place nor will a
building permit be issued prior to the approval of the submitted plans and
specifications by the specified City Officials. The plans and specifications shall
indicate the proposed layout, arrangement, mechanical plans, and construction
materials or work areas, and the type of make of proposed fixed equipment and
facilities. Construction according to the specifications which have therefore been
submitted and approved by the City Environmental Services Inspector or his/her
authorized representative must be commenced within six (6) months of the said
approval date and completed within twelve (12) months of commencement, or the
plans must be resubmitted for plan review and being subject to the current City
requirements.
(2) Projects which, at the time of approval, are of such size or which are planning to
use equipment that cannot be delivered and installed within this eighteen (18)
. months may apply to the City Environmental Services Inspector for a waiver of
this review at the time of original submission, but not thereafter.
(3)
Whenever plans and specifications are required to be submitted to the City, the
City shall inspect the food establishment prior to its beginning operations to
determine compliance with the approved plans and specifications and with the
requirements of the ordinance.
Sec. 10~-20. Issuance of Permit; Transferability; Terms; Penalties; Categories.
A.
The City Environmental Services Inspector or his/her authorized representative shall issue
a permit if he/she determines that:
(1)
The technical review of plans and specifications are in compliance with applicable
laws and this ordinance;
(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 ordinance.
B.
Every permit issued under the provisions ofthis Article shall be non-transferable. A food
establishment shall permit the operation of the establishment only at the location for
which application is made.
C.
Any permit granted under the provisions of this Article shall remain in full force and
effect and displayed in a conspicuous place for inspection by the City Environmental
Services Inspector or his/her authorized representative for the term allowed according to
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G.
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permit category and type as defined in this Article, unless suspended and/or revoked for
cause.
D.
Any food establishment that fails to renew any permit issued under the provisions ofthis
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 provided herein:
(1) Food Service Establishment;
(2) Food Store;
(3) Food Service within a Food Store;
(4) Mobile Food Unit; and
(5) Weekend Food Vendor.
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; and
(3)
Temporary Permit: Up to three (3) consecutive days in length.
Certificate Categories:
(1)
Food Service Manager; and
(2)
Food Service Employee.
Sec. 10~-21. Permit Fees and Renewal.
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A.
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B.
Before a permit is issued, an applicant shall pay the fee(s) as established by ordinance,
except Temporary Food Establishments, Concession Stands, and establishments which
handle only fresh, unprocessed fruits, meats and vegetables.
The following permits shall expire annually on November 30 and must be renewed on
December 1 of each calendar year:
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(1) Food Service Establishments High Priority;
(2) Food Service Establishments Medium Priority;
(3) Food Service Establishments Low Priority;
(4) Temporary Food Service Establishment;
(5) Seasonal Permit;
(6) Mobile Food Unit; and
(7) Weekend Food Vendor.
C.
Applicable fees may be prorated at fifty percent (50%) for permits issued on or after the
first (1st) day of May.
ARTICLE III. INSPECTIONS
Sec. 10~-31. Enforcement Authority; Inspections; Report of Inspections.
A.
The City Environmental Services Inspector 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 ofthe owner, operator, manager
or supervisor thereof and all persons employed therein.
B.
Before a permit is issued, the City Environmental Services Inspector or his/her authorized
representative shall inspect and approve the food establishment areas to be used. An
inspection of a food establishment shall be performed at least once annually and shall be
prioritized based upon assessment ofa Food Establishment's compliance and potential
of causing foodborne illness according to Section 229.171 (h) ofthe Texas Administrative
Code.
c.
The City Environmental Services Inspector shall classify food establishments as high
priority, medium priority or low priority, according to the type of operations; particular
foods that are prepared; number of people served; susceptibility ofthe population served;
and any other risk factor deemed relevant to the operation.
D.
Additional inspections ofthe food establishment shall be performed as often as necessary
for the enforcement of this ordinance.
E.
Refusal of an owner, manager or employee to allow the City Environmental Services
Inspector or his/her authorized representative, upon presentation of credentials, to inspect
any permitted business or operation therein during normal business hours will result in
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an immediate suspension of the permit, requiring all permitted activities to abate until
after the hearing required in Section 1 OYí-32E(1). Nothing herein or therein shall require
notice of suspension of this violation.
F.
In the event that the City Environmental Services Inspector or his/her authorized
representative should have cause to believe that a business required to be permitted under
this Article is operating without a permit (or has failed to renew such permit) and refuses
entry, during normal business hours, then the City Environmental Services Inspector or
his/her authorized representative may apply to the North Richland Hills Municipal Court
for an inspection warrant of the suspect premises upon the filing of a probable cause
affidavit and compliance with the Texas Code of Criminal Procedure. If an inspection
warrant is granted by the Municipal Court, the City Environmental Services Inspector or
his/her authorized representative may be assisted in service thereofby the North Richland
Hills Police Department, or such other law enforcement agencies as are deemed necessary
to obtain entry.
G.
The City Environmental Services Inspector or his/her authorized representative may also
be accompanied during inspection by the Building Official and/or Fire Marshal ofthe City
of North Richland Hills, or his/her designee.
Sec. 1 O~-32. Correction of Violations; Suspension of Permit; Revocation of Permit.
A.
Enforcement Procedures: The City Environmental Services Inspector or his/her
authorized representative may establish enforcement procedures to insure compliance
with this ordinance and which are consistent with the regulations adopted herein,
including, but not limited to written warnings, compliance time limits, permit suspensions
and permit revocation.
B.
Inspections: The inspection report form shall specify a reasonable period oftime 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, sewage backup, misuse of
poisonous oftoxic materials, onset of apparent foodborne illness outbreak, gross
unsanitary occurrence or condition, or other circumstance that may endanger
public health, the permit holder shall immediately discontinue operations and
notify the North Richland Hills Environmental Services Department. If a business
is closed for any ofthe above mentioned violations, a closure sign shall be posted
in public view and cannot be removed or covered in any way, said sign shall state
that the business was closed by the North Richland Hills Environmental Services
Department and shall not re-open until such time as the violations or repairs have
been completed and a re-inspection has been completed by a North Richland Hills
Environmental Services Inspector. North Richland Hills Environmental Services
Inspectors are the only persons authorized to remove the sign once it has been
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(3)
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(4)
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C.
Re-Inspection:
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 101'2-32.E.
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(1)
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(2)
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(3)
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D.
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posted in accordance with this ordinance.
A permit holder shall, at the time of inspection, correct a critical violation and
implement corrective actions. Considering the nature of the potential hazard
involved and the complexity of the corrective action needed, the Environmental
Services Inspector may agree to or specify a longer time frame, not to exceed ten
(10) calendar days after the inspection, for the permit holder to correct critical
control point violations.
All non-critical violations shall be corrected by a date and time agreed to or
specified by the Environmental Services Inspector, but no later than 90 calendar
days after the inspection.
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- four (24) hours following the inspection.
To determine corrected imminent health hazards as defined in the regular
inspection.
To determine compliance with plan review after initial inspection and prior to
issuance of permit.
Re-inspection fee: One half (1'2) the cost of one permit fee.
E. Suspension of Permit:
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(1)
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The City Environmental Services Inspector or his/her authorized representative
may, without notice or hearing, suspend any permit authorized herein ifthe 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 ofthe 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 ofthe 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
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hearing.
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(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.
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(3)
Whenever a food establishment is required under provision ofthis Article to cease
operation, it shall not resume operations until such time as are-inspection
determines that conditions responsible for the requirement to cease operations no
longer exist. Opportunity for re-inspection shall be offered within a reasonable
time.
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F.
Revocation of Permit: The City Environmental Services Inspector or his/her authorized
representative may, after providing opportunity for a hearing as specified in 10Yí-32.E,
revoke a permit for serious or repeated violations of any of the requirements of this
Article or for interference with the City's enforcing authority in the course of his/her
duties. The City shall notify the holder of the permit or person in charge, in writing, of
the reason for which the permit is subject to revocation and that the permit shall be
revoked at the end of the ten (10) days following service of such notice unless a written
request for a hearing is filed within the ten (10) day period, the revocation of a permit
becomes final. Whenever a revocation of a permit has become final, the holder of the
revoked permit may make written application for a new permit.
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Sec. 10~-33. Service of Notice.
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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 ofthe 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.
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Sec. 1 O~-34. Hearings.
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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 Environmental
Services Inspector in connection with the permit. A copy of such action shall be furnished to the
appellant by the Environmental Services Inspector within forty eight (48) hours of the issuance
of the said order and decision.
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Sec. 10~-35. Examination and Condemnation of Food.
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Food samples may be examined or taken for analysis by the City Environmental Services
Inspector or his/her authorized representative as often as necessary for enforcement ofthis Article
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and may, upon written notice to the owner or person in charge specifying with particularity the
reasons thereof, place a hold order on any food which is believed to be in violation of any portion
of this ordinance, and shall tag, label, or otherwise identify any food subject to the hold order.
No food subject to a hold order shall be used, served or removed from the establishment until the
vendor of such food has furnished proof of the wholesomeness of the food product to the City
Environmental Services Inspector or his/her authorized representative. The City shall permit
storage of the food under conditions specified in the hold order, unless storage is not possible
without risk to the public health, in which case immediate destruction shall be ordered and
accomplished. The hold order shall state that a request for hearing may be filed within ten (10)
days and that if no hearing is requested, the food shall be destroyed. A hearing shall be held if
so requested and, on the basis of evidence produced at that hearing, the hold order may be
vacated, or the owner or person in charge of the food may be directed by written notice to
denature or destroy such food or bring it into compliance with the provisions ofthis Article. All
costs accruing from such removal thereof shall be borne and paid for by the owner thereof.
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Sec. 10~-36. Equipment and Utensils; Design and Fabrication.
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A.
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 50 Celsius (410 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.
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B.
An exception to the former equipment requirements may be made with written approval
ofthe City Environmental Services Inspector or his/her authorized representative for the
following establishments or operations:
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(1)
Food establishments that will operate only under a temporary permit.
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(2)
Mobile food establishments.
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(3)
Child care facilities licensed for up to twelve (12) children by the Texas
Department of Protection and Regulatory Services.
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Sec. 10~-37. Equipment Installation and Location.
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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.
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F.
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Sec. 1 O~-38. 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: Ifhand drying devices providing heated air are provided, they may
only be used in restrooms. A sanitary dispenser containing hand cleaner shall be provided
at each restroom lavatory. Sanitary disposable towels shall be provided in a dispenser
conveniently located near each lavatory in food preparation areas.
C. Toilet Facilities:
(1)
All new or extensively remodeled food service establishments within the City in
which food served to the customer is intended to be consumed on the premises
shall be equipped with separate toilet facilities for men and women and shall
comply with all requirements of the City Plumbing Code.
(2)
Toilet facilities shall be located within the food service establishment and will
provide the customer of said establishment direct and easy access to the
establishment toilet facilities from the dining area without having to go either
outside the establishment, or through the food preparation area. Employees shall
have access to the toilet facilities without having to exit the building.
D.
Cleaning Physical Facilities: In all new or extensively remodeled food service
establishments or food stores, at least one utility sink or curbed floor drain supplied with
hot and cold water under pressure by means of a mixing valve or combination faucet,
shall be provided and used for cleaning mops or similar wet cleaning tools and for the
disposal of mop water or similar liquid wastes.
E.
Grease Traps/Interceptor: Grease traps/interceptors installed in food establishments shall
be located outside the establishment, unless approved in writing by the Building Official,
Plumbing Board, Director of Public Works, and City Environmental Services Inspector
or his/her authorized representative. Grease traps shall be located for easily accessible
cleaning.
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. Ifheat is used to sanitize equipment and utensils, a temperature
of 1700 F is required. A separate preparations sink shall be installed for the purpose of
washing raw fruits and vegetables and the thawing of frozen products, cold water only is
necessary at this sink. An exception to the former equipment requirements may be made
with written approval ofthe City Environmental Services Inspector or his/her authorized
representative only in the case of a food establishment that shall operate under a
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temporary permit or food establishments that handle only non-potential hazardous foods
which require limited preparation.
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G.
Mechanical Utensil Washing Facilities: In all new and extensively remodeled food
establishments having mechanical utensil washing facilities, at least one 3-compartment
sink shall be provided in addition to the mechanical utensil washer.
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Sec. 10~-39. Restricted Operations.
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The retail sale and/or offering for sale, and/or holding for sale, of raw potentially hazardous food
for consumption from temporary and mobile food establishments of all types and categories is
prohibited within the City limits. The City Environmental Services Inspector or his/her
authorized representative 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.
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Sec. 1 O~-40. Weekend Food Vendors.
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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 Texas
Department of Health, or a Texas city or county health department. All food and equipment must
be removed from the site where such food is sold to the public by 10:00 P.M.each night. No
operations shall be permitted in any fire lane or parking space 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, commercial or industrial. All zoning and fire regulations
shall be complied with. Weekend Food Vendors shall not be allowed to operate except in the ten
(10) feet closest to the front of the business building.
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Sec. 10~-41. Penalty.
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Any person, firm, association of persons, company, corporation or their agents, servants, or
employees violating or failing to comply with any ofthe provisions ofthis Chapter shall be fined,
upon conviction, not less than one ($1.00) nor more than two thousand dollars ($2,000), and each
day any violation of non-compliance continues shall constitute a separate and distinct offense.
The penalty herein shall be cumulative of other remedies provided by state law and the power of
civil enforcement and injunction as provided in Section 54.012-54.019, TEX. Lac. GOy'TCODE,
and as may be amended may be exercised in enforcing this Article whether or not there has been
a complaint filed.
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W;IN GenerallOrdinal1ceslFood Service ord 2645.wpd
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A.
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B.
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ARTICLE IV. TRAINING REQUIRED
Sec. 10~-51. Food Service Manager's Training Certification.
A.
Every food service establishment permitted herein shall employ no less than one (1) Food
Service Manager or other responsible employee in charge of food service operations who
shall possess a current certification as a Food Service Manager from an approved training
agency or certification training program, audited by the Texas Department of Health, or
from a program offered by the Environmental Services Department determined by the
Environmental Services Inspector or his/her authorized representative, except that
temporary food service establishments and food service establishments that handle only
pre-packaged foods and non-potentially hazardous foods which require only limited
preparation are exempt from the provisions of this Article.
B.
The Food Service Manager must be employed on the premises ofthe 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. The Food
Service Manager shall be responsible for insuring that all food handlers are trained and
certified with the City of North Richland Hills Environmental Services Department within
the first thirty (30) days of hiring.
c.
The owner or person in charge of any establishment permitted herein shall display all such
certifications in a conspicuous place for inspection by the City Environmental Services
Inspector or his/her authorized representative. A copy of each manager's certification as
described and required in this Article shall be filed in the records of the City.
D.
The fee set out in Appendix B to the Code of Ordinances is intended to cover the issuing
of the certificate only. If the training is obtained through the Environmental Services
Department, any cost to the City for such training shall be passed on to the Food Service
Manager.
Sec. 1 O~-52. Food Service Employee Certificate.
Every employee of a food service establishment shall obtain a Food Service Employee
Certificate, from the Environmental Services Department of the City of North Richland
Hills within the first thirty (30) days of employment.
Prior to obtaining a Food Service Employee Certificate, employees shall attend a training
session on food safety available through the Environmental Services Department of the
City of North Richland Hills.
C.
There shall be a fee, as set out in Appendix B to the Code of Ordinances, for this training
session. The fee shall also include the Food Service Employee Certificate and shall be
displayed in a conspicuous place in the establishment for inspection by the City
Environmental Services Inspector or his/her authorized agent. A copy of each Food
W:\N GenerallOrdil1al1ceslFood Service ord 2645.wpd
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2
D.
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Section 2:
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Section 1 :
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Service Employee Certificate shall be filed in the records ofthe City.
Employees in grocery stores that do not work in a food service area shall be exempt from
this Article provided they do not handle potentially hazardous food."
The Code of Ordinances of the City of North Richland Hills, Texas, is hereby
amended by adding thereto a new Appendix B which shall read as follows:
"APPENDIX B
FEES.
The following fees are hereby established for permits and services provided by the
Environmental Services Department.
SECTION 1. FOOD SERVICE ESTABLISHMENTS.
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D.
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E.
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A.
Application Fee:
$80.00
B.
Plan Review:
$95.00
C. Annual Permit Fee:
(1) High Priority:
(2) Medium Priority:
(3) Low Priority:
$365.00
$310.00
$210.00
Re-inspection:
(1'2 of the original permit fee)
Mobile Food Unit:
$100.00 per vehicle
F. Temporary:
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(1)
Non-profit
-0-
(2)
Profit:
$50.00
SECTION 2. FOOD HANDLER PERMIT.
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A.
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B.
Permit Fee
(3 yrs) under the age of62: $15.00
Permit Fee
(3 yrs) over the age of 62: $5.00
W:\N GenerallOrdinal1ceslFood Service ord 2645.wpd
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c.
Duplicate Fee:
$1. 00
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SECTION 3. FOOD MANAGER'S PERMIT.
4
A.
Permit Fee
(3 yrs from date of issue)
$10.00
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B.
Duplicate Fee:
$1.00
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SECTION 4. SWIMMING POOLS - PUBLIC AND SEMI-PUBLIC PERMIT.
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A. Application: $80.00
B. Plan Review: $95.00
C. Annual Permit: $105.00
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SECTION 5. CHILD CARE CENTER PERMIT.
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A. Application Fee: $80.00
B. Plan Review: $95.00
C. Annual Permit Fee: $155.00
D. Group Day Homes: $80.00
SECTION 6. CHILD CARE WORKER.
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A.
Permit
(3 yrs) under the age of62: $15.00
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Permit
(3 yrs) over the age of 62: $5.00
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B.
Duplicate Fee:
$1.00
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SECTION 7. WASTE HAULERS.
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A.
Hauler / Pumper:
$105.00 per vehicle
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SECTION 8. WEEKEND FOOD VENDOR.
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A.
Permit:
$500.00
W:\N GenerallOrdinanceslFood Service ord 2645.wpd
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SECTION 9. ADJUSTMENT FOR CONSUMER PRICE INDEX.
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Section 3:
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Section 4:
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Section 5:
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Section 6:
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The Director of Finance shall review all Environmental Services fees annually and adjust
fees by the increase in the DFW Consumer Price Index for the preceding twelve (12)
months as established by the Department of Commerce."
SEVERABILITY: It is hereby declared to be the intention of the City Council
that the sections, paragraphs, sentences, clauses and phrases ofthis ordinance are
severable and, if any phrase, clause, sentence, paragraph, subsection, article 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 phrases, clauses, sentences,
paragraphs, subsections, articles 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, subsection,
article or section.
REPEALER: All ordinances or parts thereof 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.
PUBLICATION: The City Secretary is hereby authorized and directed to cause
the publication ofthe descriptive caption and penalty clause (Section 1 OYz-41) of
this ordinance as an alternative method of publication provided by law.
EFFECTIVE DATE: This ordinance shall be in full force and effect immediately
upon passage.
AND IT IS SO ORDAINED.
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PASSED AND APPROVED this 12th day of August, 2002.
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By:
CITY OF NORTH RICHLAND HILLS
(};d-~
Oscar Trevino, Mayor
W:\N GenerallOrdinal1ceslFood Service ord 2645.wpd
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ATTEST:
{).)j~.¡)'f2:1~__
Alicia Richardson, Assistant City Secretary
W:IN Gel1erallOrdil1al1ceslFood Service ord 2645.wpd
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Fee Description
FOOD ESTABLISHMENT & OTHER FEES
Food Establishment & Other Fees
Low Priority
Medium Priority
High Priority
Seasonal Food Establishment
Temporary Food Establishment
Weekend Food Vendor
Application Fee (new owner/new business)
Plan Review Fee
Food Handler Permit:
Three (3) years, under age 62
Three (3) years, over age 62
Duplicate Fee
Food Manager's Permit:
Fee, three (3) years from date of issue
Duplicate Fee
Child Care Facility:
Child Care Facility Fee
Child Care Workers Card
Duplicate Fee
Mobile Food Unit Permit Fee
Waste Hauler Permit Fee
Reinspection Fees: (1/2 Permit fee)
Low Priority
Medium Priority
High Priority
Swimming Pool fee per pool/spa
FEE UPDATES 2005
CHAPTER 18
Effective Janaury 1, 2005
Ord. No. Current Am
Aug 2002
2645 $
2645 $
2645 $
2645 $
2645 $
2645 $
2645 $
2645 $
Aug 2002
2645 $
2645 $
2645 $
Aug 2002
2645 $
2645 $
2645 $
2645 $
2645 $
Nov 2003
2750 $
Aug 2002
2645 $
Aug 2002
2645 $
2645 $
2645 $
Feb 1995
2645 $
INVOICE
Star- Telegram
400 W. 7th Street
FORT WORTH. TX 76102
(817) 390-7761
Federal Tax ID 22-3148254
Customer ID:
Invoice Number:
Invoice Date:
Terms:
Due Date:
PO Number:
Order Number:
Sales Rep:
Description:
Publication Dates:
CIT13
217670171
8/15/02
Net due in 21 days
8/31/02
Bill To:
CITY OF N RICHLAND HILLS/SECRET
PO BOX 820609
NORTH RICHLAND HILLS, TX 76182-
21767017
073
ORDINANCE NO.2
8/14/02 - 8/15/02
ORDINANCE ORDIN~~E NO, nc
An Ordinance, ameoQ-
Ing ch!lPler 10 1/2 of
the North Rlchland
Sales Discount HJHs Code of OrdI-
nances and ~
~io~":t~ a,t
~~~:~ "%tttl"Yb (-
rules; mo
~~f;b7Pshrnqulrem?ê ~
pr.ovlding Yor se~ L
ability; repeal, of
conflIcting' ordlnana-
es; establishing "~a
penalty; providing ,far
publication; and PfP-
vidlng an effectJv4'
date. .
Any person, firm, a!¡.-
socialion of persons,
g~~g:l?y a~~Wt~,ra¡'g~
vants, or employees
'viola~ or failing 10
CO~h agr of.t:
~~:.rrupor) ~~
tion, not ress then 0....
1$1.00) nor more than
Two ,Thousand Dol·
lars ($2,ooo.oo)L and
each day any vIõ..tlon
THE STATE C . ~ntln~
County of Tan ~f~tl~~ta g~g~~~~e ~~~
g:~~:XUI~#~:i~f ~~~I:
~~~:dlr:.J'rO:~<äedt~~ iaid County and State, this day personally appeared KAREN WILLIAMS, Bid and legal Coordinator
r¿>~:~e~: ';1~~ e~: i Star-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duiy sworn, did depose and say
jUnctsion las PSr04void192d ¡ement was published in the above named paper on the listed dates: BIDS & lEGALS DEPT. STAR TELEGRAM
In ecton . - ~
54.019, TEX. LOC \éJ
~~:~¡;'<;;~~~d:.r~:~ ~ W ~ ' (J
I be exercised in ell- .
forcing this Artlè!le Signed' ,
I '{'{~:~:~n o~ ~g:n~7á\Wt
SUBSCRIBED J pf~:~éd" and appro vett . )RE ME, THIS Friday, AugustcrrJ;16' 2002. ' ...... èI UJ
?.reth~~lty ~?U~~~ GUJm
Rlchlan~ Hills T-eK86
the 12th day o~ AugU$t Notary Public .
2002. APPF OVSQ: _ _ _ _ _ _ _ _ _ _ _ _ _
A!f¡!~~T:revlno-Mav~r , ..,~;KV'(~,.~o,\ VICKll. WASON ¡ ,
Alicia Richardson . ~ . I
~¡;~R8~E~ecA"~a'¥rO);.ßA;,.p MY COMMISSION EXPIRES ¡j
Thank Y au L~8~th~~D 'n: 1ent ·>~~t.~,~>·· AUGUST 28,2004 i;
George Staples _ _ ':.:'_~¡'
-------~ --------------------------------
13580
1
73
73
LINE
$6.38
$931.48
($878.92)
Net Amount:
$52.56
Before me, a "
for the Star'Te
that the attach,
(817) 390,71
Remit To: Star-Telegram
P.O. Box 901051
FORT WORTH, TX 76101-2051
Customer ID:
Customer Name:
Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed:
CIT13
CITY OF N RICHLAND IDL
217670171
$52.56
$
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