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ORDINANCE NO. 659
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 THERE-
FORE ORDAINED THAT AN ORDINANCE REGULATING THE ESTABLISHMENT OR OPERATION OF
FOOD SERVICE ESTABLISHMENTS, 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.
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.
SECTION II - COMPLIANCE PROCEDURES
A. Permits, Licenses, 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 certificates
are not transferrable. A valid permit, license, 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.
The City of North Richland Hills, Texas shall collect the following fees
for a permit, license or certificate.
a. $ 10.00
for one calendar year.
b. $ 5.00 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 that 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 establish-
ment if the holder of the permit, license, or certificate does not
comply with the requirements of this ordinance, or if the
operation of the establishment does not comply with the
requirements of this ordinance, or if the operation of the
food service establishment otherwise constitutes a substantial
hazard to public health. Suspension is effective upon service
of the notice required by Subsection II-A.4 of this ordinance.
When a permit, license, or certificate is suspended, food
service operations shall immediately cease.
3. Revocation of Permit, License, or Certificate. The regulatory
authority may revoke a ~ermit, 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.
B. Inspecti ons
1. Inspection Frequency. An inspection of a food service establish-
ment shall be performed at least once every six months. Additional
inspections of the food service establishment shall be performed
as often as are necessary for the enforcement of this ordinance.
2. Access. Agents of the regulatory authority, after proper ident-
ification, shall be permitted to enter any food service establish-
ment at any reasonable time, for the purpose of making inspections
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 the
inspection report form set out in Subsection II-B.5. of this
ordinance. 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 inspectio~ report form is a
public document that shall be made available for public disclosure
to any person who requests it according to law.
4. Correction of Violations.
a. The inspection report form shall specify a reasonable period
of time for the correction of the violations found, and
correction of the violations shall be accomplished within the
period specified, in accordance with the following provisions:
(1) If an imminent health hazard exists, such as complete
lack of refrigeration or sewage backup into the establish-
ment, the establishment shall immediately cease food
service operations. Operations shall not be resumed
until authorized by the regulatory authority.
(2)
(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.
b. The inspection report shall state that 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.
5. Inspection Report Form. An inspection report form based on the
requirements of the ordinance is appended.
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 of proposed fixed
equipment and facilities. The regulatory authority shall approve
the plans and specifications 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.
(3)
2. Pre-operational Inspection. Whenever plans and specifications
are required by Subsection II-D.l. of this ordinance to be
submitted to the regulatory authority, the regulatory authority
shall inspect the food service establishment prior to its beginn-
ing operation to determine compliance with the approved plans
and specifications and with the requirements of this ordinance.
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 require-
ments of this ordinance and any responsible officer of that
permit holder or those persons may be fined not more than two
hundred dollars ($200.00).
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 of ordinances in conflict
with this ordinance are hereby repealed.
4. Unconstitutionality Clause. Should any section, paragraph,
sentence, clause, or phrase of this ordinance be declared unconsti-
tutional or invalid for any reason, the remainder of said ordinance
shall not be affected thereby.
5. Operation. This ordinance shall be operative within the city
limits of the City of North -~ichland Hills, Texas étnd may be
enforced by either the Tarrant County Health Department or the
City of North Richland Hills, Texas.
(4)
-
-
PASSED and APPROVED this 11th
day of Apri 1
, 1977.
APPROVED:
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Mayor - Tom E. Ne man
ATTEST:
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1-<.1 ¿¿'7ft /(.£./ / / ) t14~.{j -
~ 'nette Moore, City Secretary
APPROVED AS TO FORM AND LEGALITY:
~¿_C)-
Rex McEntire, City Attorney
(5)
Please Publish Sunday, April 24, 1977.
ORDINANCE NO. 659
AN ORDINANCE REGULATING FOOD ESTABLISHMENTS; DEFINING TERMS; REQUIRING
A PERMIT; PROVIDING FOR A PERMIT FEE; PROVIDING FOR SUSPENSION OF
PERMIT UNDER CERTAIN CONDITIONS; REQUIRING INSPECTION OF FOOD ESTABLISH-
MENTS; REQUIRING VIOLATION TO BE CORRECTED; PROVIDING FOR EXAMINATION
AND CONDEMNATION OF FOOD; REQUIRING A REVIEW OF PLANS FOR CONSTRUCTION
OF FOOD SERVICE ESTABLISHMENTS; PROVIDING FOR PROCEDURES TO BE FOLLOWED
WHEN INFECTION IS SUSPECTED; PROVIDING FOR A PENALTY OF A FINE UP TO
$200.00 FOR VIOLATION OF THIS ORDINANCE AND A SAVINGS CLAUSE.
PASSED AND APPROVED this 11th day of April, 1977.
APPROVED:
Tom E. Newman, Mayor
ATTEST:
Jeanette Moore, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Rex McEntire, City Attorney
WANT AD INVOICE
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WANT AD INVOICE
From The FORT WORTH ST AR-Tb..E:GRAM, Fort Worth, Texas
To
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P.o. Box 13305
For~ Wor~h, TAYAR 7~1'e
30 Lines 1 Times. . . . . . . .
1 Affidavit
How ordered: Sunday onl v
$ 24.00
1. 00
$25.00
Date stMtp.d
4/24/77 To expire 4/24/77
Class No.
008
Signed:
Patty Asa