06-88-Ordinance-Adopting the Texas Department of Health Regulations for Food Service-06/10/1988CITY SECRETARY
CITY OF SANGER, TEXAS ORIGINAL COPY
ORDINANCE NO. 06-88
AN ORDINANCE AMENDING SECTION 81 (FOOD SERVICE
ESTABLISHMENTS) OF CHAPTER 61 (HEALTH AND SANITATION)
OF THE CITY OF SANGER CODE, ESTABLISHING A MUNICIPAL
HEALTH AUTHORITY, ADOPTING RULES AND REGULATIONS OF
THE TEXAS DEPARTMENT OF HEALTH, PROVIDING FOR A SCOPE
OF RESPONSIBILITY, PROVIDING FOR A PERMITTING PROCESS,
ESTABLISHING PENALTIES, PROVIDING FOR A SEVERABILITY
CLAUSE AND CREATING AN EFFECTIVE DATE.
WHEREAS the City Council of the City of Sanger deems it essential
to provide for the inspection and regulation of certain food
operations within the corporate limits of the city.
SECTION I
NOW THEREFORE BE IT ORDAINED that Section 8, Chapter 6, (Health
and Sanitation) is hereby amended to read as follows:
SECTION 8: FOOD SERVICE ESTABLISHMENTS
A. HEALTH AUTHORITY AND SCOPE OF RESPONSIBILITY
There is hereby established a City of Sanger Health
Authority which shall have the responsibilty to permit
and inspect all commercial operations within the corporate
limits of the City of Sanger engaged in the business of
preparing, manufacturingr storing or dispensing food of
all types for human consumption to include but not limited
to all restaurants, convenience stores, day care centers,
convalescent or rest homes, public and private schools,
and individual vendor operations to include mobile and
stationary locations.
B. EXCEPTIONS
The above scope and responsibility is not intended to
include nonprofit operations such as church bazaars,
community or philanthropic activities, fund raising
activities, and other such events not intended for
individual gain or profit.
C. PERMITS
All food operations as defined
be required to obtain an annual
permit from the City of Sanger
a one time application fee per
schedule:
1. Application Fee
per 100 sq. ft.
UP Co 1000 sq.
1000 sq. ft. or
in paragraph (A) above shall
health and sanitation
Health Authority and pay
the following fee
(one time)
display
of or food
ft. - all over 1000
I thereof.
plus $3.00
service area
sq. ft. $3.00 per
City of Sanger
Ordinance # o-RR CITY SECRETARY
Page 2 h ORIGINAL COPY
2. Annual Permit Fee-$25.00 base plus 3.00 per
employee.
3. Day Care Facilities - $25.00 base plus 1.00
per child licensed.
D. EXEMPTION
All facilities covered under this ordinance at the
time of adoption shall be exempt from the application
fee and further all facilities covered under this
ordinance at time of adoption and having a bona -
fide permit issued by the Denton County Health Depart-
ment or the State of
E. RULES ADOPTED
Texas shall have those permits
The rules and regulations on Food Service Sanitation
by the Division of Food and Drugs of the Texas.Depart-
ment of Health, as adopted by said Board on November 30,
1977, are hereby adopted as the minimum standards for
food service operations within the corporate.limits
of the City of Sanger, Texas, provided, however, that
in said rules the words "municipality of _:5e e., "
shall be understood to refer to the City of Sa ger,
Texas, and the words "regulatory authority" shall be
understood to refer to the City -of Sanger Health Authority.
A copy of the Rules on Food Service Sanitation hereby
adopted shall be on file in the office of the city secretary.
F. INSPECTIONS
Those individuals employed by contract and whom may be
employed by contract from time to time by the City of Sanger
Health Authority for the purpose of inspecting food service
establishments to determine compliance with its rules and
regulations regarding food service establishment sanitation
are hereby authorized and allowed to conduct inspections
of those food service establishments within the City
of Sanger, Texas to determine compliance with the rules
and regulations of the Texas Department of Health Rules
and Food Service Sanitation and are hereby authorized
and granted the same powers of enforcement as are stipulated
under the rules and regulations of the Texas Department
of Health.
G. AUTHORITY TO CLOSE FOR INSANITARY CONDITIONS
(1) Posting of Notice
Whenever the regulatory authority finds any building
City of Sanger
Ordinance # 06-88
Page 3
or place used for the storage, manufacture or sale
of food or drink for human consumption, or the
methods or practices used therein, to be so
filthy or unsanitary as to endanger the public
health, it shall be his duty to post a notice of
such conditions at the entrance of such buildings
or place and to maintain the same until such
conditions of practices have been removed or abated.
(2) Closing
The regulatory authority shall close any building
or place described in this section and prevent its
use for the storage, manufacture or sale of food or
drink for human consumption until such place or
building is put in such condition and so used as to
eliminate the danger to the public health only
after notifying the building official in said city.
H. REVIEW OF PZANS
The following shall apply when food establishments are
remodeled or constructed:
(1) Whenever a food establishment is constructed or
extensively remodeled and whenever an existing
structure is converted to use as a food establish-
ment, properly prepared plans and specifications
for such construction, remodeling, or conversion
shall be submitted to the City of Sanger for review
and approval by the regulatory authority before
construction, remodeling or conversion is begun.
The plans and specifications shall indicate the
proposed layout, arrangement, mechnaical 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 require-
ments of the Rules of Food. Service Sanitation. No
food establishment shall be constructed, extensively
remodeled, or converted except in accordance with
plans and specifications approved by the regulatory
authority.
(2) Whenever plans and specifications are required to
be submitted to the City of Sanger and regulatory
authority, the regulatory authority shall inspect
the food establishment prior to its beginning
operation to determine compliance with the approved
plans and specifications and with the requirement
of these rules.
City of Sanger
Ordinance # 06-88
Page 4
SECTION II
All Ordinances or parts of Ordinances in conflict herewith
are, to the extent of such conflict, hereby repealed.
SECTION III
It is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses,
and phrases of this Ordinance are severable and, if any
phrase, clause, sentence, paragraph, or section of this
Ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs, and
sections of this Ordinance, since the same would have been
enacted by the City Council without the incorporation in
this Ordinance of any such unconstitutional phrase, clause,
sentence, paragraph, or section.
SECTION IV
Whenever in this Ordinance or the adopted rules and
regulations herein, an act is prohibited or is made or
declared to be unlawful or an offense or a misdemeanor,
or whatever in such Ordinance, the doing of an act is
required or the failure to do any act is declared to be
unlawful, the violation of any such provision shall be
punishable by a fine of not exceeding Two Hundred ($200.00)
Dollars; provided, however, that no penalty shall be
greater or less than the penalty provided for the same
or similar offense under the laws of the State. Each
day any violation of this Ordinance shall continue shall
constitute a separate offense.
SECTION V
This Ordinance will take effect immediately from and after
its passage and the publication of the caption as the law
in such cases provides.
PASSED AND APPROVED this Q y f -
by the City Council of the City of Sanger, T xas.
ATTEST:
Rosalie Garcia
City Secretary
APPROVED:
Mayor Armstron
C7F7Dk r'2
Gat . une l r hed led_rneeto II ClI the Carrc er City Cclr. r•rci l
field ftq ir•r the CC'Urrc:il Charilbers at City Hiall,
201 Bcilivar-Street, the •Followirry item was discussed arid/or acted
tporr by the City Council.
10.
Consider and Possible Action on Appointment of Health Sanitarian
and Health Sanitarian Fees.
Mayor Armstrong stated that actually four (4) have been
recommended: Ray Meckel, John Glover, Cindy Barrow (who
was instructed to pursue the training and to come back to
City Council at some point in time when training is completed
if she is still interested), and Jay Pinkston.
Mr. Sweeney, a citizen, spoke informing the City Council
as a retailer he was present because of this agenda item.
He stated that he had a convenience store and mentioned
that whenever the County Health Inspector had inspected his
business previously; they had wrote his business up because
of a cracked tile by the front door. Mr. Sweeney stated that
he is more concerned for inspections to pertain to anything
that could be a health hazard. Some examples that he gave
was if the the store is kept clean, the food preparation area
is clean or whatever that could be a health hazard.
Mayor Armstrong made a suggestion that once they hire the
gentleman they have him come in and schedule a meeting with all
the local retailers to discuss inspections, etc.
Discussion continued regarding fees.
Motion was made by Carroll McNeill and seconded by Jerry Jenkins
tY at the city hire Jay Pinkston on a month to month basis on
a verbal contract, Pilot Point fees at maybe adjusting either
way if the need be. Motion carried. 4 ayes and 1 no.
Danny McDaniel.
I, F c aa1 fie Gar^cia, City Secretary fcm t:ha? City o•F 'a'arryer, do
here,;try c:erti•Fy tl at tl-►e atac ve rnirrr_ tea c •F •l:F e de cr^ibed rneetirrg
2re
a true and correct cco . rrt Of the FWC'eeedirig held orr the
JuneOth day of
Given urrder my hand arid meal of tt-re City of Sarrr: er, this
._2. .th..._.__._. day c. •F .. November .. _.T 1` _.8.8..__.__• _
of
r cr9AL I E GAIRC I A, CITY GEC. Ri :'r f Y