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07-26-03-Ordinance-Amending Food Service Establishments Regulations-07/21/2003ORDINANCE 07-26-03 THAT CHAPTER 6, ARTICLE 6.400 "FOOD SERVICE ESTABLISHMENTS", OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, IS HEREBY AMENDED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Chapter 6, Article 6.400 of the Code of Ordinances, City of Sanger, Texas, is hereby amended to read as follows: "ARTICLE 6.400 FOOD SERVICE ESTABLISHMENTS* Sec. 6.401 Health Authority and Scope of Responsibility There is hereby established a City of Sanger Health Authority which shall have the responsibility to permit and inspect all commercial operations within the corporate limits of the City of Sanger engaged in the business of preparing, manufacturing, storing or dispensing food of all types for human consumption to include but not limited to all restaurants, convenience stores, daycare centers, convalescent or rest homes, public and private schools and individual vendor operations to include mobile and stationary locations. (1992 Code of Ordinances, Chapter 6, Article 6.500, Section 6.501) Sec.6.402 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. (1992 Code of Ordinances, Chapter 6, Article 6.500, Section 6.502) Sec.6.403 Permits (a) It shall be unlawful for any person, association of persons, firm or corporation as defined in Section 6.401 to operate a food service establishment in the city without having obtained a permit under the terms of this section. (b) Any person desiring to operate a food service establishment shall make written application for a permit at the office of the City Secretary. The application shall include the applicant's full name, street and post office address, and whether such applicant is an individual, firm, or corporation, and, if a partnership, the names of the partners, together with their addresses shall be included; the location and type of the proposed establishment; and the signature of the applicant or applicants. If the application is for a temporary or seasonal food service establishment, it shall also include the inclusive dates of the proposed operation. Sec. 6.404 Application fee. (a) The applicant shall submit the applicable nonrefundable fee as set forth in the appendix of this code. (b) An applicant shall not under any circumstances be entitled to a refund of application fees after an application has been filed. Sec. 6.405 Permit issuance. (a) Upon receipt of an application and payment of the application fee, the health officer shall make an inspection of the premises where the business is to be conducted. If the premises comply with the terms of this article and with all requirements of the zoning ordinance, other ordinances and state law, a permit shall be issued to the applicant upon payment of the permit fee. The applicable fees shall be set by city council by ordinance and the fee schedule shall be available for public inspection at the offices of the city secretary or the health officer. The applicant shall submit the applicable nonrefundable fee as set forth by city council before a permit will be issued. (b) In the event a food permit application is rejected, the administrator shall notify the applicant of the rejection in writing. The notice shall specify the reasons why the permit is denied. (c) Permits shall not be transferable. A person who acquires an existing food service establishment shall not operate the establishment without obtaining a new permit within thirty (30) days from the date of the change of ownership. (d) The manager of each food service establishment shall display a valid permit in public view in the establishment. (e) A permit will be good until December 31 of the year issued, except that temporary, seasonal, and provisional permits shall expire in accordance with their terms. (f) Acceptance of a permit issued by the administrator constitutes agreement by the establishment to: (1) Comply with all conditions of the permit and all applicable provisions of this chapter; and (1) Allow the lawful inspection of its facility and operations. Sec. 6.406 Temporary food service establishments. (a) A temporary food service establishment that does not comply with other requirements of this chapter or other city ordinances applicable to food service establishments is permitted if: (1) The health officer finds that the operation will not result in a health or safety hazard or a nuisance; (2) The operation is limited to a single, fixed location, which may include one or more facilities at the location; (3) The operation is either: (a) Limited to a time of not more than fourteen (14) consecutive calendar days; or (b) Operating under a city park and recreation department that has been approved by the city; and (c) The food service establishment complies with the other requirements of this section. (b) The term temporary food service establishment shall not include concession stands which operate at a fixed location in conjunction with scheduled, community -based sporting or recreational events provided: (1) The preparation and serving of potentially hazardous foods shall be restricted to only those pre-cooked, pre -packaged potentially hazardous food products that have been properly prepared in accordance with all Texas Department of Health and local requirements and are properly stored, handled, and served in the unopened, original package from said concession stands. In such instances where potentially hazardous foods are served from a concession stand, these shall be evaluated on a case by case basis and a determination shall be made as to requirements. (c) A temporary food service establishment shall not: (1) Prepare, serve, sell or distribute any food not approved in advance by the health officer; (2) Prepare potentially hazardous food; except, that the establishment may prepare potentially hazardous food that is approved in advance by the health officer and does not require substantial preparation prior to consumption (including, but not limited to, a hamburger or frankfurter) or may prepare potentially hazardous food that is: (a) Obtained by the establishment in individual servings; (i) Stored at a temperature of forty-five (45) degrees Fahrenheit (seven (7) degrees Centigrade) or below or at a temperature of one hundred forty (140) degrees Fahrenheit (sixty (60) degrees Centigrade or above); and (ii) Served to a consumer in the container in which it was originally packaged; (3) Permit consumption of ice or contact of ice with food unless the ice is: (a) Obtained from a source that is approved as potable; (b) In chipped, crushed, or cubed form; and (c) Obtained in single -use plastic or wet -strength paper bags that are sealed by the manufacturer and unopened until used by the establishment; (4) Store food in contact with water or undrained ice; except that wet storage of a beverage in a pressurized container is permitted if the water used: (a) Contains not less than fifty (50) milligrams per liter of available chlorine; and (b) Is maintained in a clean condition; (5) Use water from a source that is not approved as potable. (d) A food service establishment shall: (1) Protect each food and food -contact surface from contamination; (2) Install equipment in a way that permits cleaning and sanitizing and that is not likely to cause adulteration of food; (3) Provide hot and cold water in a quantity sufficient to maintain personal hygiene of employees and the cleanliness and sanitation of the establishment; (4) Provide a convenient handwashing facility with soap and individual paper towels for persons preparing and serving food; and (5) Comply with liquid waste disposal ordinances and regulations. (e) The design and structural material of a facility that houses a temporary food service establishment are subject to approval as safe by the health officer. A facility must be constructed in a way that protects the establishment from entrance of outside elements, including, but not limited to, insects, rodents, dust, or weather. Floors must be constructed of concrete, asphalt, tight wood, or other similar, easily cleanable material kept in good repair. If the temporary food service establishment is outdoors, each food preparation and serving area must have a fire resistant overhead covering that protects the interior of the facility from the weather. (f) The size of a counter service opening must be no larger than is necessary for the particular operation and is subject to approval as safe by the health officer. (g) A temporary food service establishment shall comply with Section .003 (Food Care) of the Texas Rules on Food Service Sanitation and any other requirement that the administrator determines is necessary to protect the public health or safety and imposes as a condition to the lawful operation of the establishment. Sec. 6.407 Expiration and renewal of permits. (a) A permit lapses and is void unless the applicable permit fee is received by the City of Sanger before the expiration date of the existing permit. (b) A permit lapses and is void if the food service establishment operating under the permit constructs a new facility or changes ownership. (c) No permit shall be renewed unless the applicant has paid the permit fee and any reinspection fees which have been assessed during the previous year. Sec. 6.408 Revocation of permit. The City of Sanger may, after providing opportunity for a hearing, revolve a permit if the administrator determines that the manager or owner of a food service establishment has: (a) Interfered with the health officer in the performance of his duties; or (b) Been convicted twice within a twelve-month period for a violation of this chapter; or (c) Failed to comply with a hold order or a condemnation order; or (d) Failed to comply, within the time specified, with an order to correct or abate an imminent and serious threat to the public health or safety; or (e) Intentionally or knowingly impeded a lawful inspection by the health officer; or (f) Been closed two (2) or more times within a twelve-month period for conditions that constituted a serious and imminent threat to public health. Prior to revocation, the health officer shall notify the holder of the permit, or the person in charge of the food service establishment, in writing, of the reason for which the permit is being revolted and that the permit shall be revolted at the end of five (5) days following service of such notice unless a written request for a hearing is filed with the city by the holder of the permit within such five-day period. If no request for hearing is filed within the five (5) calendar day period, a final notice of revocation shall be served. Upon receipt of the final notice of revocation, the food service establishment shall immediately cease operation and the permit shall be considered finally revolted. Sec. 6.409 Service of notices. A notice provided for in this article is properly served when it is delivered to the holder of the permit, or the person in charge of the food service establishment, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit. A copy of the notice shall be filed in the records of the city secretary. Sec. 6.410 Appeal from denial or revocation of a permit. If the health officer denies the issuance of a permit or a permit is finally revolted, the officer shall send the applicant or permit holder by certified mail, return receipt requested, written notice of the denial or revocation and of the right to an appeal. The applicant or permit holder may appeal the decision of the health officer to a hearing committee by giving written notice to the administrator within five (5) days of the receipt of the denial or revocation notice. See.6.411 Hearing. A hearing of the appeal shall be conducted by a committee composed of three (3) members to be appointed by the City Manager. One (1) member shall be a City of Sanger employee, one (1) member shall be a resident of the city and one (1) member shall be the City Secretary. The hearing shall be held at a time and place designated by the City Manager. The committee shall hear and consider evidence offered by any interested person. Based upon the recorded evidence of such hearing, the committee shall sustain, modify or rescind any notice or order considered in the hearing by a majority vote. The committee shall provide a written report of the hearing decision to the holder of the permit. The decision of the committee is final as to administrative remedies, and no rehearing may be granted. Once the decision of the committee is final under this section, the applicant or permit holder may appeal the decision to the state district court or court of appropriate jurisdiction. Sec. 6.412 Application after revocation Whenever a revocation of a permit has become final, the holder of the revolted permit may make written application for a new permit. Sec. 6.413 Inspections (a) Those individuals employed by contract and whom may be employed by contract from time to time by the City of Sanger 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. (b) All required inspections are subject to a fee consistent with the amount charged to the city to have the inspection performed. The effected individual business will be billed an amount equal to the inspection fee. (c) The health officer may inspect any and all things offered for sale, given in exchange or given away for use as food or drink for human consumption, and he shall have the authority to enter any food service establishment in the city, as authorized by law for the purpose of such inspection. (d) The health officer shall conduct an inspection of a food service establishment at least once every six (6) months. Additional inspections of the food service establishment shall be performed as often as are necessary for the enforcement of these rules. (e) The city health officer, after proper identification, shall be permitted to enter any food service establishment at any time for the purpose of making inspections to determine compliance with these rules. Sec. 6.414 Report of inspections. Whenever an inspection of a food service establishment or commissary is made, the health officer shall record the findings on the inspection report form. The inspection report form shall be the state promulgated form. The health officer shall furnish a copy of the inspection report form to the person in charge of the establishment at the conclusion of the inspection. The completed inspection report form shall be made available for public disclosure to any person who requests it according to law. Sec. 6.415 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 establishment, the establishment shall immediately cease food service operations and shall not resume until authorized by the health officer. (2) All violations of 4 or 5-point weighted items shall be corrected as soon as possible, but in any event, within the time specified on the inspection report. (3) All 1 or 2-point weighted items shall be corrected as soon as possible, but in any event by the time of the next routine. inspection or any scheduled reinspection. (4) In the case of temporary food service establishments, all violations shall be corrected within twenty-four (24) hours. If violations are not corrected within twenty-four (24) hours, the establishment shall immediately cease food service operations until authorized to resume by the health officer. (b) The inspection report shall state that failure to comply with any time limits for corrections may result in cessation of food service operations. An opportunity for appeal from the inspection findings and time limitations will be provided if a written request for a hearing is filed with the city within ten (10) calendar days following cessation of operations. If a request for a hearing is received, a hearing shall be held within twenty (20) days of receipt of the request, in accordance with the provisions of section 6.411 hereof. (c) Whenever a food service establishment is required under the provisions of this chapter 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 exist. The health officer shall offer the opportunity for reinspection within a reasonable time. Sec.6.416 Reinspection. (a) Any food service establishment inspected by the City of Sanger which receives a score of seventy-five (75) or below on any inspection must be reinspected. (b) This reinspection shall be performed in the same manner, using the same form, as the previous inspection. (c) If, upon subsequent reinspection of the establishment, the health officer finds that sufficient measures were not taken to bring the score above a total of seventy-five (75), he will issue a citation and schedule a date for another reinspection. The health officer shall continue to perform reinspections until the establishment has made sufficient progress to warrant a score above seventy-five (75). The issuance of a citation for failure to meet required score upon reinspection shall not in any way limit the ability of the inspector to issue any other citation for any violation of this chapter. (d) Reinspection for failure to meet required score shall be performed on the fourteenth calendar day immediately following the original inspection, or as soon as possible thereafter, except that where an establishment is closed due to a score below sixty (60), pursuant to section 13-62, the original inspector shall determine the time of the reinspection. Sec. 6.417 Fee for reinspection. (a) The fee for reinspection shall be as set forth in the fee schedule of the appendix of this code (b) A reinspection fee will be charged for each reinspection necessary to bring the food establishment's score above seventy-five (75). (c) Payment of the reinspection fee shall not void, or in any way affect, the responsibility of the owner or permit holder for payment of any fines for any other violations of this chapter. (d) The person, partnership, or corporation listed as "owner" on the original application shall be responsible for payment of any and all fees, including reinspection fees. The administrator shall send an invoice requesting payment of the reinspection fee and the permit holder shall pay within thirty (30) days of the date of the invoice. Sec. 6.418 Power to examine food service establishment records. The health officer shall have the authority to examine the records of a food service establishment in order to ensure compliance with all provisions of this ordinance or of state law. Sec.6.419 Drive-ins. (a) It shall be unlawful for the owner or operator of a drive-in cafe, refreshment stand or other eating establishment catering to customers who remain in their automobiles to permit or allow the premises upon which such business is located or the adjacent sidewalks or streets, to become littered with loose paper, paper cups, paper straws, paper napkins and like items thrown or dropped upon such premises, sidewalks or streets by customers of such establishments. (b) It shall be the duty of the owner or operator of any business establishment mentioned in this section to keep the premises, adjacent sidewalks and streets free and clean of said loose paper, paper cups, paper straws, paper napkins and like items thrown or dropped by customers of such business, and it shall be his further duty to prevent such articles from being blown upon the premises of others. Any owner or operator who shall permit or allow such litter to be blown upon the premises of another or onto adjacent streets or highways shall be guilty of a violation of this section Sec. 6.420 Requirements for snow -cone vendors. (a) A snow -cone vendor shall have a: (1) Commercially approved source for ice and syrup; (2) Handwash sink with soap, running water, and paper towels; and (3) Waste -water holding tank, of adequate size for operation or if in a parking lot of another business have access to approved restroom facilities. (b) A snow -cone vendor may also be required to meet any and all provisions required for a food service establishment which the administrator deems necessary to protect the public health and safety. Sec.6.421 Requirements for the sale of ice cream, other frozen desserts or novelties upon public street from a vehicle. (a) A person may not sell ice cream, frozen desserts or other novelties from a vehicle before sunrise or after sunset. (b) Ice cream, frozen desserts, and other novelty frozen food items shall be individually wrapped by the manufacturer before being placed in the vehicle from which they are sold and shall be sold in the original wrapping. (c) All vehicles offering ice cream for sale shall have: (1) An automatic flashing device consisting of two lamps at the front of the vehicle, mounted at the same level and as widely spaced laterally as possible and displaying simultaneously flashing amber lights, and two (2) lamps at the rear of the vehicle mounted at the same level and as widely spaced laterally as possible and displaying simultaneously flashing amber lights, to be used at all times while each vehicle is in use for food service or solicitation of sales; (2) Signs in front and rear bearing the word "SLOW" in letters not less than six (6) inches high; and (3) Be capable of maintaining a constant temperature for food storage and contain, in a conspicuous place, a thermometer to allow for verification of temperatures. Sec. 6.422 Requirements for mobile units. (a) A mobile unit must have a commissary as a base of operations. Said commissary must meet all requirements of state law and: (1) Be inspected and permitted by the health officer of the City of Sanger, (2) Provide a copy of its most recent inspection report performed by the Texas Department of Health or the local health authority with competent jurisdiction over the commissary or base of operations; and (3) Provide any other documentation deemed necessary by the administrator to enable the administrator to enforce this chapter or otherwise protect the public health and safety. (b) All mobile units originating from or serving food within the city must have a valid food service permit, which must be kept in the vehicle at all times. The permit must bear the name of the registered owner of the truck and truck license plate number. (c) The operator of a truck must protect food from contamination; and keep truck clean and free of rust and corrosion. (d) All trucks must be identified using the same name that is on the permit. (e) All condiments and spices, such as salt, pepper, sugar, catsup, mustard, mayonnaise, sauces, non-dairy creamer, etc., must be served in single -serving containers. No bulk dispensers, bottles or cans shall be permitted. (f) All single -service tableware must be individually wrapped in plastic. (g) The applicant for a food permit for a mobile unit shall present an inspection report to the consumer health division. This inspection shall have been made by the regulatory authority with jurisdiction or the Texas Department of Health, if the location of the commissary is outside the corporate limits of Sanger, Texas. (h) Sewage, waste water and solid waste must be disposed of according to law. (i) The waste water tank outlet must be lower than the inlet to the potable water supply. 0) Mobile units shall provide a route plan upon request. Sec. 6.423 Catering operations. (a) All catering operations based in the City of Sanger shall comply with all state rules, laws, and local ordinances. A person shall not engage in a catering operation unless the service is affiliated with a food service establishment operating from a fixed facility that is permitted by the appropriate health authority. (b) The base of operations for a catering operation shall be physically separate from a residential home and shall be a permanent, fixed location. (c) The health officer may inspect a catering operation at any time. Sec. 6.424 Outdoor smoker units. (a) A food service establishment operating one or more outdoor smoker units shall: (1) House each smoker unit in an enclosure of adequate size to allow for the free movement of personnel around equipment and other fixtures. (2) Ensure that the enclosure shall conform to any and all applicable City of Sanger ordinances including building codes, fire codes, and zoning regulations, and (i) Walls of the enclosure shall be constructed of solid material or screen material not to exceed 16 mesh per inch. (ii) The roof shall be constructed of a non -permeable material which is water resistant as well as fire resistant, and shall be sloped to allow for proper drainage. (iii) Floors shall be constructed of asphalt, cement, or tight fitting wood which has been sealed so as to be nonabsorbent and easily cleanable. (iv) All outer openings shall be tightly sealed so as to prevent flies and other insects from entering the food preparation area. (3) Ensure that all food preparation activities comply with Sec. 003 "Food Care" of the Texas Rules on Food Service Sanitation, except that: (i) In instances where sinks are not provided, the operator shall set up containers to be used for sanitizing hands and food service utensils. Hand sanitizers shall be provided at a strength of not less than 200 p.p.m. and utensil sanitizer shall be at a strength of not less than 100 P.P.M. (ii) A thermometer shall be provided in the interior of the smoker unit to measure air temperature inside the unit, and a food thermometer shall also be provided to measure the internal temperatures of meats during the cooking and holding process to insure compliance with temperature requirements. Sec. 6.425 Authority to Close for Unsanitary Conditions (a) 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 unsanitary as to endanger the public health, it shall be his or her 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. (b) Closing. The regulatory authority shall close any building or place described in this article 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. (1992 Code of Ordinances, Chapter 6, Article 6.500, Section 6.507) Sec. 6.426 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 existing structure is converted to use as a food establishment, 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 layouts, arrangements, 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. See.6.427 Exemption All facilities covered under this article at the time of adoption shall be exempt from the application fee and further all facilities covered under this article at time of adoption and having a bona fide permit issued by the Denton County Health Department of the State of Texas shall have those permits honored by the Sanger Authority until their respective expiration date. (1992 Code of Ordinances, Chapter 6, Article 6.500, Section 6.504) Sec. 6.428 Rules Adopted The Texas Food Establishment Rules on Food Service by the Texas Department of Health, Bureau of Food and Drug Safety Retail Foods Division 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 rule the words "Municipality of Sanger" shall be understood to refer to the City of Sanger, Texas, and the words "regulatory authority" shall be understood to refer to the City of Sanger Health Authority. A copy of the Texas Food Establishment Rules hereby adopted shall be on file in the office of the city secretary. (Ordinance 02-04-00 adopted 2/21/00)" Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, 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 portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section 4. Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.109 of this Code. Section 5. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED, AND ADOPTED, this the 21st day of July A.D., 2003, by the City Council of the City of Sanger, Denton County, Texas. APPROVED: ommy I ncaid, Mayor ATTEST: APPROVED AS TO FORM: i CITY ATTORNEY '