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86-8-Ordinance-Adopting Food Inspection Regulations-05/19/1986ORDINANCE NO. 86-8 AN ORDINANCE PROVIDING FOR THE INSPECTION OF FOOD SERVICE ESTABLISHMENTS BY THE DENTON CITY -COUNTY HEALTH DEPARTMENT, ADOPTING THE TEXAS DEPARTMENT OF HEALTH, RULES ON FOOD SERVICE SANITATION; IN CONJUNCTION WITH THE DENTON CITY -COUNTY HEALTH DEPARTMENT'S RULES AND REGULATIONS; ESTABLISHING FINES AND PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council of the City of Sanger, Texas are of the opinion there is a necessity to provide for the in- spection of food service establishments to ascertain and deter- mine whether such establishments are operating in a sanitary and safe manner to protect the health and welfare of the citizens and residents of the City of Sanger, Texas; and WHEREAS, the Denton City -County Health Department has adopted certain rules and regulations regarding food service sanitation, and calling for the mode, method and operation of inspections for that purpose, and for the enforcement of its rules and regulations, and for penalties and sanctions against those individuals and en- tities owning and operating food service establishments not in compliance with its rules and regulations. WHEREAS, the Denton City -County Health Department has employed certain individuals for the purposes of inspecting food service establishments to determine compliance with its rules and regu- lations regarding food service sanitation, NOW THEREFORE BE IT ORDAINED by the City Council of the City of Sanger, Texas: SECTION I The rules and regulations on Food Service Sanitation by the_ Division of Food and Drugs of the Texas Department of Health, as adopted by said Board on November 20, 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 If shall be understood to refer to the City of Sanger, Texas and the words "regulatory authority" shall be understood to refer to the Denton City -County Health Department. A copy of the Rules on Food Service Sanitation hereby adopted shall be on file in the office of the City Secretary. SECTION II Those individuals employed and whom may be employed from time to time by the Denton City -County Health Department 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 on Food Service Sanitation and the Denton City -County Health Department is hereby authorized and granted the same powers of enforcement as they enjoy under the rules and regulations of the Denton City - County Health Department. -1- SECTION III A. Authority to close for insanitary conditions. Posting of notice. Whenever the regulatory authority finds any building 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 insanitary as to endanger the public health, it shall be his duty to post a notice of such conditions at the entrance of such building or place and to maintain the same until such conditions of practices have been removed or abated. 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. B. Review of plans. The following shall apply when food establishments are remodeled or constructed: (1) Whenever a food establishment is constructed or extensively remodeled and whenever an exist- ing structure is converted to use as a food establishment, properly prepared plans and specifications for such construction, remodel- ing, 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, 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 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. SECTION IV The penalties and sanctions under the rules and regulations of the Denton City -County Health Department imposed for non com- pliance with the rules and regulations of the Denton City -County Health Department regarding food service establishment sanitation are hereby adopted. -2- SECTION V Severability: If any section, paragraph, subdivision, clause, or phrase of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not effect the validity of this ordinance as a whole or any part of any provision thereof other than the part so decided to be invalid or unconstitutional. SECTION VI The City Secretary is hereby directed, promptly after passage hereof, to furnish a copy of this ordinance to the Denton City County Health Department. PASSED AND APPROVED this ` day of Z , 1986. Nel Armstrong, Mayor ATTEST: Jcj/over, City Secretary -3-