HomeMy WebLinkAboutOrdinance 2406
ORDINANCE NO. 2406
Be it ordained by the City Council of North Richland Hills, Texas, that:
ARTICLE 1. PREAMBLE
WHEREAS, THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS
HAS DETERMINED THAT THE REGULATION TO 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 ESTABLISHMENTS, REQUIRING A PERMIT, LICENSE OR
CERTIFICATE PRIOR TO AND DURING OPERATION, REQUIRE TRAINING FOR MANAGERS AND
EMPLOYEES OF FOOD SERVICE ESTABLISHMENTS AND PROVIDING A PENALTY FOR VIOLATION
OF ANY PROVISION OF THIS ORDINANCE BE ADOPTED.
ARTICLE 2. STATE SANITATION REGULATIONS ADOPTED
SECTION 1.
The State of Texas Department of Health Bureau of Food and Drugs, "Texas
Food Establishment Rules," (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 Ordinance.
SECTION 2.
The State of Texas Department of Health, Division of Food and Drugs, "Rules on
Retail Food Store Sanitation," (TAC. 229.231229.239), as adopted by the State
Board of Health, effective August 17, 1985, and as amended thereafter are
hereby referenced and adopted as part of this Ordinance.
SECTION 3.
The State of Texas Department of Health, Division of Food and Drugs, "Rules on
Food Service Sanitation," (TAC. 229.161229.171) as adopted by the State
Board of Health, effective November 30, 1977, and as amended thereafter are
hereby referenced and adopted as part of this Ordinance.
ARTICLE 3. DEFINITIONS
When used in the ordinance the following words and terms, unless the context indicates
a different meaning, shall be interpreted as follows:
A. ADOPTED BY REFERENCE: All definitions included in the regulations adopted in Article 2,
Section 1, 2, and 3.
B. CITY ENVIRONMENTAL SERVICES INSPECTOR: Environmental Services Inspector of the
Environmental Services Department of the City of North Richland Hills or his/her designee.
C. COUNCIL: The City Council of the City of North Richland Hills, Texas.
D. EMPLOYEE: Any person working in a food service establishment including individuals having
supervisory or management duties.
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E. FOOD: Any raw, cooked or processed edible substance, ice, beverage or ingredient used or
intended for use either in whole or in part, for human consumption.
F. FOOD ESTABLISHMENT: Any place which offers, produces, or stores food for consumption
in single or larger portions or quantities, including but not limited to food service
establishments, retail food stores, food processing establishments. commissaries,
warehouses and 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:
(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.
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 of the City of North Richland Hills.
(3) TEMPORARY FOOD ESTABLISHMENTS which operate at a fixed location for a
period of time not to exceed forty-eight (48) hours in conjunction with a single
event or celebration provided that such temporary food establishments are both
owned and operated by nonprofit organizations based within the City.
(4) CONCESSION STANDS which operate at a fixed location in conjunction with
scheduled, community-based sporting or recreational events provided:
(a) Such establishments are both owned and operated by nonprofit
organizations based within the City.
(b) The preparation and serving of potentially hazardous food shall be
restricted to only those pre-cooked, potentially hazardous food products
requiring limited preparation such as heating, seasoning, and serving.
(c) This restriction does not apply to any 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 from said concession stands.
(5) ESTABLISHMENTS WHICH HANDLE ONLY FRESH, unprocessed fruits, nuts,
and vegetables whether such establishments operate from a fixed location or are
mobile in nature.
G. Priority Classification: For the purpose of assessing permit fees and frequency of
inspections the following definitions shall apply:
(a) Low Priority- a food establishment that sells only pre-packaged
hazardous foods; prepares and/or serves only non-potentially hazardous
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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.
(b) Medium Priority- a food establishment that prepares, serves, or sells
foods from precooked 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.
( c) High Priority- a food establishment that prepares, serves, or sells foods
from raw meats or seafood, extensively handles foods, serve 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~
H. HEALTH DEPARTMENT: Environmental Services Department of the City of North Richland
Hills.
I. MOBILE FOOD ITINERANT: Any place of a mobile nature which offers food for consumption
in single or larger portions or quantities, including but not limited to fruit or vegetable stands,
and including food sales from vehicles, and any other mobile facility. All rules applying to
mobile food units, as defined herein, shall apply to this classification.
J. MOBILE FOOD UNIT: A vehicle-mounted food service establishment or a food service
establishment pulled behind a vehicle to be readily moveable.
K. 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.
L. REGULATORY AUTHORITY: The Environmental Services Department of the City of North
Richland Hills
M. RE-INSPECTION: Inspection to determine compliance with applicable health regulations.
N. RULES AND REGULATIONS: "Texas Food Establishment Rules" of the Texas Department
of Health, Division of Food and Drugs. A copy of those rules are attached hereto and made a
part hereof. Such Rules and Regulations are adopted and shall be in full force and effect
within the City limits of North Richland Hills, Texas.
O. 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.
P. TEMPORARY FOOD SERVICE: An establishment which operates for no more than fourteen
consecutive days.
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ARTICLE 4. COMPLIANCE PROCEDURES
SECTION 1. COMPLIANCE REQUIRED: It shall be unlawful for any person or firm to operate any
food establishment as defined in Article 3, above within the corporate limits of the City of
North Richland Hills, Texas unless such operation is done in conformance with the
requirements of this ordinance.
SECTION 2. AUTHORITY TO ISSUE PERMITS: 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 that complies with the requirements of this ordinance.
SECTION 3. PERMIT REQUIRED: It shall be unlawful for any person or firm to operate a food
establishment without a permit.
SECTION 4. APPLICATION FOR PERMIT:
A. Application for such 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.
B. Plans and specifications review are required as follows:
(1) Prior to construction, extensive remodeling or conversion of an existing structure to be
used as a food establishment, a complete set of plans and specifications for 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 of the fire code and this article, and no construction of a food
establishment shall take place nor will a building permit be issued prior to the approval of
the submitted plans and specifications by the specified City Officials. The plans and
specifications shall indicate the proposed layout, arrangement, mechanical plans, and
construction materials or work areas, and the type 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 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.
SECTION 5. 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:
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(1) The technical review of plans and specifications are in compliance with applicable
laws and this ordinance and,
(2) The fee as set out in Ordinance 2407 ~ 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 of this 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 permit
category and type as defined in this Section unless suspended and/or revoked for cause.
D. Any food establishment that fails to renew any permit issued under the provisions of this
Article by the expiration date of said permit and continues to operate without a valid permit
shall be assessed twenty-five ($25.00) dollars for each day of operation of that
establishment, plus any other penalties provided in this Article. Such assessments and/or
penalties shall be paid along with the required permit fees before a valid permit will be
reissued.
E. PERMIT CATEGORIES are authorized as provided herein:
(1 ) Food Service Establishment
(2) Food Store
(3) Food Service within a Food Store
(4) Mobile Food Itinerant
(5) Mobile Food Unit
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.
(3) Temporary Permit: Up to fourteen (14) consecutive days in length.
G. CERTIFICATE CATEGORIES:
(1) Food Service Manager
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(2) Food Service Employee
SECTION 6. PERMIT
A. Before a permit is issued, an applicant shall pay the fee(s) as required in Ordinance#2407
except those operations and/or establishments specified in Article 3. Section F (3), (4),J5).
B. The following permits shall be renewed on December first (1st) of each calendar year~
(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.
C. Applicable fees may be prorated at fifty percent (50%) for permits issued on or after the
first (1st) day of May. Permits shall expire on the 30th day of November of each year.
ARTICLE 5. INSPECTIONS
SECTION 1. 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 of the 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 of a Food Establishment's compliance
and potential of causing foodborne illness according to Section 229.171 (h) of the Texas
Food Establishment Rules.
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, numbers of people served; susceptibility of the population served
and any other risk factor deemed relevant to the operation.
D. Additional inspections of the 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 an
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immediate suspension of the permit, requiring all permitted activities to abate until after
the hearing required in Section 2-E (1) of this Article. 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 a 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 thereof by 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 of the City
of North Richland Hills or his/her designee.
SECTION 2. CORRECTION OF VIOLATIONS; SUSPENSION OF PERMIT; REVOCATION OF
PERMIT.
A. ENFORCEMENT PROCEDURES: The City Environmental 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 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, because of an emergency such as a fire,
flood, extended interruption of electrical or water service, sewage backup, misuse
of poisionous or toxic materials, onset of an apparent food borne 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 of the 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 posted in accordance with this ordinance.
(2) 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 10
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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 Environmental Services Inspector, but no later than 90 calendar
days after the inspection.
(4) 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.
C. RE-INSPECTION
(1) To determine corrected imminent health hazards as defined in the regular
inspection.
(2) To determine compliance with plan review after initial inspection and prior to
issuance of permit.
(3) Re-inspection fee: One half (1/2) the cost of one permit fee.
D. COMPLIANCE WITH INSPECTION REPORT: The inspection report shall state that
failure to comply with any time limits for correction may result in cessation of food sale
and/or service operations. An opportunity for a formal administrative hearing is provided
for in Section 2-E of this Article.
E. SUSPENSION OF PERMIT:
(1) The City Environmental Services Inspector or his/her authorized representative
may, without notice or hearing, suspend any permit authorized herein if the holder
of this permit does not comply with the requirements of the ordinance, or if the
operation otherwise constitutes a substantial hazard to the public health.
Suspension is effective upon service of the notice as required in Section 3 of this
Article. When a permit is suspended, the holder of the permit or the person in
charge shall be notified in writing, that the permit is, upon service of notice,
immediately suspended and that an opportunity for a hearing will be provided if a
written request for a hearing is filed with the City by the holder of the permit,
within ten (10) days. The permit holder shall be afforded a hearing within ten (10)
days of the date on which the City is in receipt of the written request for said
hearing.
(2) If the permit holder or the person in charge does not file a written request for a
hearing with the City within ten (10) days of the notice of suspension then the
suspension is sustained. The City may end the suspension at any time if the
reason for suspension no longer exists.
(3) Whenever a food establishment is required under provision of this 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
Section 2E, 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.
SECTION 3. 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 of North Richland
Hills.
SECTION 4. HEARINGS: The hearing provided for in this Article shall be conducted by the Board of
Appeals of the City at the time and place designated by said Board. Based upon the
evidence introduced at such hearing the Board of Appeals shall enter its order which shall
sustain, reverse or modify the action of the City Environmental Services Inspector in
connection with the permit. The Board of Appeals will cause the order of the Board to be
furnished to the appellant by the Environmental Services Inspector within forty-eight (48)
hours of the issuance of the said order and decision of the Board.
SECTION 5. EXAMINATION AND CONDEMNATION OF FOOD: 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 of this Article and may, upon written
notice to the owner or person in charge specifying with particularity the reasons thereof,
place a hold order on any food which is believed to be in violation of any portion of this
ordinance, and shall tag, label, or otherwise identify any food subject to the hold order.
No food subject to a hold order shall be used, served or removed from the establishment
until the vendor of such food has furnished proof of the wholesomeness of the food
product to the City Environmental 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 of this Article. All costs accruing from such
removal thereof shall be borne and paid for by the owner thereof.
SECTION 6. EQUIPMENT AND UTENSILS; Design and Fabrication
A. Residential refrigerators, freezers, and ranges are not approved for use in commercial
food service establishments or food stores. Refrigeration units will be required to
maintain a product temperature of 5°Celsius (41°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
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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. An exception to the former equipment requirements may be made with written approval of
the City Environmental Services Inspector or his/her authorized representative for the
following establishments or operations:
(1) Food establishments that will operate only under a temporary permit.
(2) Mobile food establishments.
(3) Child care facilities licensed for up to twelve (12) children by the Texas
Department of Human Resources.
SECTION 7. 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.
SECTION 8. SANITARY FACILITIES AND EQUIPMENT
A. LAVATORIES: Lavatories shall be separate facilities from sinks used for food preparation
or utensil washing. Such facilities located in the food preparation areas of food
establishments shall be equipped with hot and cold, potable water under pressure and
metered by a mixing valve.
B. LAVATORY SUPPLIES: If hand drying devices providing heated air are provided they
may only be used in restrooms. A sanitary dispenser containing hand cleaner shall be
provided at each restroom lavatory. Sanitary disposable towels shall be provided in a
dispenser conveniently located near each lavatory in food preparation areas.
C. TOILET FACILITIES:
(1) All new or extensively remodeled food service establishments within the City in
which food served to the customer is intended to be consumed on the premises
shall be equipped with separate toilet facilities for men and women and shall
comply with all requirements of the City Plumbing Code.
(2) Toilet facilities shall be located within the food 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
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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.
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. Jf heat is used to sanitize equipment and utensils, a temperature
of 170°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 of the City Environmental Services Inspector or his/her authorized
representative only in the case of a food establishment that shall operate under a
temporary permit or food establishments that handle only non-potentially hazardous foods
which require limited preparation.
G. MECHANICAL UTENSIL WASHING FACILITIES: In all new and extensively remodeled
food establishments having mechanical utensil washing facilities, at least one (1) three (3)
compartment sink shall be provided in addition to the mechanical utensil washer.
SECTION 9. 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
Environmental Health Officer or is/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.
ARTICLE 6. TRAINING REQUIRED
SECTION 1. 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 Section.
B. The Food Service Manager must be employed on the premises of the establishment to be
in compliance with this Article. The Food Service Manager certificate shall be obtained
within the first ninety (90) days of employment in a managerial capacity. 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 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
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D.
SECTION 2
certification, as described and required in this Article shall be filed in the records of the
city.
The fee set out in Ordinance#2406)s 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.
FOOD SERVICE EMPLOYEE CERTIFICATE
A.
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.
B.
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 Ordinance#24061 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 Service Employee Certificate
shall be filed in the records of the City.
D.
Employees in grocery stores that do not work in a food service area shall be exempt from
this Section provided they do not handle potentially hazardous food.
ARTICLE 7 SEVERANCE; REPEALER; PENALTY
SECTION 1. SEVERANCE: That it is hereby declared that the sections, articles, subsections,
paragraphs, sentences, clauses, and phrases of this ordinance are severable and if any
phrase, clause, sentence, paragraph, subsection, article, or section of this ordinance shall
be declared void, ineffective, or unconstitutional by a valid judgment or final decree of a
court of competent jurisdiction, such voidness, ineffectiveness, or unconstitutionality shall
not effect any of the remaining phrases, clauses, sentences, paragraphs, subsections,
article, or sections of this ordinance since the same would have been enacted by the City
Council with the incorporation herein of any such void, ineffective, or unconstitutional
phrase, clause, sentence, paragraph, subsection, article, or section.
SECTION 2. REPEALER: All ordinances or parts of ordinances not consistent or conflicting with the
provisions of this ordinance are hereby repealed; provided that such repeal shall be only
to the extent of such inconsistency and in all other respects this ordinance shall be
cumulative of other ordinances regulating and governing the subject matter covered in
this ordinance.
SECTION 3. Any person, firm, association of persons, company, corporation or their agents, servants,
or employees violating or failing to comply with any of the provisions of this Article shall be
fined, upon conviction, not less than one ($1.00) nor more than one thousand dollars
($1,000.00) and each day any violation of non-compliance continues shall constitute a
separate and distinct offense. The penalty herein shall be cumulative of other remedies
provided by state law and the power of injunction as provided in Vernon's Ann. Civ. St.
Art. 1175(f), (1) to (8) and as may be amended may be exercised in enforcing this Article
whether or not there has been a complaint filed.
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This ordinance shall be in full force and effect from the date of passage and approval and publication as
required by law:
Passed and approved this if? day of 5ep t- 1999.
cC.ls~J Mayf ¿o ,44Æ
ATTEST:
flMfi{æ~~
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Rex McEntire, Attorney for City
13
INVOICE
What do you wa nt to know?
-
customer ID:
Invo~ce Number:
Invoice Date:
T erI~s:
Due Date:
PO Number:
¡
Order Number:
Sale$ Rep:
I
Description:
Star- Telegram
400 w. 7th Street
FORT WORTH, TX 76102
(817) 390-7761
Federal Tax 10 22-3148254
Bill To: CITY OF NO RICHLAND HILLS/SECRE
PO BOX 820609
FORT WORTH, TX 76182-0609
CIT13
159143071
10/2/99
Net due in 21 days
10/31/99
15914307
073
ORDINANCE NO.2
ORDINANCE NO. 2406 An Ordinanc
LINE
$539.98
S I D· c rJfIf..~t:L"!:.!..1ICI8
a es lscour An ~..."J~.c =
rn=eciti. ~ 1Iic"'-'
Hilla. .T"_..~ .... çe .'-
._~r , ...!!
. the" "',
" . ftUík.
in& .' ....- ..
" rest8U1'11 Or <I er food ser-
vice establishment unless it
is operated in conformançe
· with this ordinance; requor-
· ing á parmit. license o~ certif-
.. icate prior to and çJunng op:
eration; establishIng fees.
provldiry¡ for inspections by
:- ~~or~~~~~~; p~~~2~n~r.;~~
'" ~~~Vi~~~~cat~n cifU1~:'~~~
· mit¡ providing for certain san-
~'itatlon requirements;. provld-
THE STATE I inll for required tralmnll of
manag,ers and other employ-
County ofTaleesoff~od IV.ice. esq. . ish- is',
mefIfS:' . 0 - ,
sutd' ,',' s ".. c. ~
Before me, a " ~:l id County and State, this day personally appeared TammielBryant, Bid and Legal Coordinator, for the Star-
Telegram, PUI. ........~.. . ZI.·~ m, Inc. at Fort Worth, in Tarr~nt County, Texas; and Wh08),aft eing duly sworn, did depose and say that the
attached cllpp' , 111,., .~ == IS published in the above named paper on the listed dates: ';
P.sšed~·IIIIP!"OIIM by the ~ "~~~
CI tv Council of North Rich- ~
lan~ Hills, Texas this 27th -
day of sep embe~\b~EP: .
SUBSCRIBED IslCharles Scôma ~E ME, THIS Tuesday, October 05, 1999.
~,":è'~';:",< ATTEST: . May¡)r ('\ f\ - j . '\ .I'Yv\ \ ~ )
" .'.'- "I f~t:~~b~~t~r~tson ORM ND Notary Public lJti11\.tJ...., WI/I IllYu\.u1J
APPROVED AS TO FA'
LEGALITY:
js;Rex McEntiré
.M~~~~r, t~~ i~~ ~I,'F1T.~,~L'·;"·
1358
49
49
1
¡
Net Amount:
'~~SS~~:~~~~~~~~~0~:
Thank You For Your Payment
I
¡
-------------____________~___~L
$2.76
($483.14)
$56.84
-~--------------