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HomeMy WebLinkAboutORD 83-120 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, TEXAS, PROVIDING FOR SPECIAL EVENT FOOD SERVICE ESTABLISHMENTS; AMEND DEFINITIONS; PROVIDING REGULATIONS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Chapter 11 , Section 11-4 of the Code of the Ordinances of the City of Beaumont be, and the same is hereby , amended to read as follows: Section 11-4 : Licenses Generally-Issuance; Standard Fees. Upon approval of the application of all applicants, as filed with the health department, the health department shall issue to the applicant a license or permit. The amount of the license fees for applicants for each location, other than as otherwise provided in this article, shall be determined as follows: 1 ) Establishments having from zero to ten ( 10) stools or chairs. . . . . . . . . . . . . . . . . . .$ 75 .00 2) Establishments having from eleven ( 11) to twenty ( 20) stools or chairs. . . . . . . . .$ 80.00 3 ) Establishments having from twenty-one ( 21) to thirty ( 30) stools or chairs. . . .$ 85 .00 4 ) Establishments having from thirty-one (31) to fifty ( 50) stools or chairs. . . . .$ 90 .00 5) Establishments having fifty-one ( 51) to seventy five (75) stools or chairs. . . . . .$ 95.00 6 ) Establishments having seventy-six (76) to one hundred (100) stools or chairs. . .$100 .00 7 ) Establishments having one hundred one ( 101) to one hundred fifty ( 150) stools or chairs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$105 .00 8 ) Establishments having one hundred fifty one ( 151) to two hundred ( 200) stools or chairs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$110 .00 9 ) Establishments having over two hundred ( 200) stools or chairs. . . . . . . . . . . . . . . . . .$115.00 10) Special food service establishments. . . . .$200 .00 (per day) 11) Establishments needing temporary permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 20.00 12) Establishments needing frozen dairy permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 60.00 13) Establishments needing vending machine licenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 10.00 14) Establishments needing seafood/wholesale licenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 40.00 15) Establishments needing seafood/retail licenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 20.00 16 ) Establishments needing produce/wholesale licenses. . . . . . . . . . . . . .4 . . . . . . . . . . . . . . . . .$ 50.00 17 ) School cafeterias, public or parochial. .$ 50.00 Section 2 . Chapter 11 of the Code of Ordinances of the City of Beaumont is hereby amended by adding a new section 11-20 to read as follows: Section 11-20: The 1962 Edition of the United States Public Health Service Food Service Sanitation Ordinance and Code ( Part V) is hereby amended as follows: - 2 - 1 . Section A. Definitions is hereby amended by adding a new definition "26" for Special Event Food Service Establishments to read as follows: 26 . Special Event Food Service Establishment A temporary food service establishment which consists of more than five ( 5 ) food booths and is sponsored by an orgainzation in connection with a single group event. This includes but is not limited to fairs, carnivals, food festivals and similar events. The definition of Temporary Food Service Establishment as found at "23 . " Section A, " Definitions" , is hereby amended to read as follows: 23. Temporary Food Service Establishment A food service establishment that operates at a fixed location for a period of time of not more than fourteen ( 14) consecutive days in conjunction with a single event or celebration. 2 . Section G. "Temporary Food Service Establishments" is hereby amended to read as follows: All temporary food service establishments including special events food service establish- ments shall comply with all provisions of this ordinance which are applicable to its operation. For special event food establishments the organization sponsoring the event is responsible for all food operations within the event. The regulatory authority may impose additional requirements to protect against health hazards related to the conduct of the temporary food service establishment, may prohibit the use of all potentially hazardous foods , and when no health hazard will result, may waive or modify requirements of this ordinance. a) Unrestricted Establishments: For unrestricted establishments, a temporary food service establishment shall meet fully the 3 - requirements of this ordinance as set forth in sections B through F herein which are applicable to its operation. b) Restricted Establishments: These provisions are applicable whenever a temporary food service establishment is permitted to operate without complying with all the requirements of this ordinance. Only those potentially hazardous foods requiring limited preparation, such as hamburgers and frankfurters that only require seasoning and cooking shall be prepared or served. The preparation or service of other potentially hazardous foods, including pastries filled with cream or synthetic cream, custards, and similar products, and salads or sandwiches containing meat, poultry , eggs or fish is prohibited. This prohibition does not apply to any potentially hazardous food that has been prepared and packaged under conditions meeting the requirements of this ordinance and is obtained in individual servings , is stored at a temperature of 45 degrees Fahrenheit or below or at a temperature of 140 degrees Fahrenheit or above in facilities meeting the requirements of this ordinance, and is served directly in the unopened container in which it was packaged. All food prepared in a temporary food service establishment must be from a source approved by the health department. No operation of a temporary food service establishment shall be conducted in any room used as living or sleeping quarters. C) Ice: Ice that is consumed or that contacts food shall be made under conditions meeting the requirements of this ordinance. The ice shall be obtained only in chipped, crushed, or cubed form and in single-use safe plastic or wet-strength paper bags filled and sealed at the point of manufacture. The ice shall be held in these bags until it is dispensed in a way that protects it from contamination. - 4 - d) Equipment: (a) Equipment shall be located and installed in a way that prevents food contamination and that also facilitates cleaning the establishment. (b) Food-contact surfaces of equipment shall be protected from contamination by consumers and other contaminating agents. Effective shields for such equipment shall be provided, as necessary , to prevent contamination. e) Single-Service Articles: All temporary food service establishments without effective facilities for cleaning and sanitizing tableware shall provide only single-service articles for use by the consumer. f ) Water: Enough potable water shall be available in the establishment for food preparation, for cleaning and sanitizing utensils and equipment, and for handwashing. A heating facility capable of producing enough hot water for these purposes shall be provided on the premises. g) Wet Storage: Storage of packaged food in contact with water or undrained ice is prohibited . Wrapped sandwiches shall not be stored in direct contact with ice. h) Waste: All sewage, including liquid waste, shall be disposed of according to law . i ) Handwashing: A convenient handwashing facility shall be available for employee handwashing. This facility shall consist of , at least, warm running water, soap, and invidivual paper towels . 5 - j ) Floors: Floors shall be constructed of concrete, asphalt, tight wood, or other similar cleanable material kept in good repair. Dirt or gravel, when graded to drain, may be used as subflooring when covered with clean, removable platforms or duckboards , or covered with wood chips, shavings or other suitable materials effectively treated to control dust. k) Walls and Ceilings of Food Preparation Areas: ( a) Ceilings shall be made of wood, canvas, or other material that protects the interior of the establishment from the weather. Walls and ceilings of food preparation areas shall be constructed in a way that prevents the entrance of insects. Doors to food preparation areas shall be solid or screened and shall be self-closing. Screening material used for walls, doors, or windows shall be at least 16 mesh to the inch. (b) Counter-service openings shall not be larger than necessary for the particular operation conducted. These openings shall be provided with tight-fitting solid or screened doors or windows or shall be provided with fans installed and operated to restrict the entrance of flying insects. Counter-service openings shall be kept closed, except when in actual use. 3 . Section H .1 . ( a) " Issuance of Permits" is amended to read as follows: H.1 . ( a) Issuance of Permits: Any person desiring to operate a food-service establishment shall make written application for a permit on forms provided by the health department. Such application shall include: the applicant' s full name 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 food-service establishment; and the - 6 - signature of the applicant or applicants. If the application is for a temporary food-service establishment, it shall also include the inclusive dates of the proposed operation. If the application is for a special event food service establishment, it shall also include the inclusive dates of the proposed operation, a complete list of food booths which will be operating, the name of a responsible individual for each food booth, and the type of food being prepared and sold or distributed. Upon receipt of such an application, the health department shall make an inspection of the food-service establishment to determine compliance with the provisions of this ordinance. When inspection reveals that the applicable requirements of this ordinance have been met, a permit shall be issued to the applicant by the health department. 4 . Section H .1 . (b) "Suspension of Permits" is hereby amended to read as follows: H.1 . ( b) Suspension of Permits Permits may be suspended temporarily by the health department for failure of the holder to comply with the requirements of this ordinance. Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of section H . of this ordinance, the permit holder or operator shall be notified in writing that the permit is, upon service of the notice, immediately suspended (or the establishment downgraded) , and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the health department by the permit holder. Notwithstanding the other provisions of this ordinance, whenever the health department finds insanitary or other conditions in the operation of a food-service establishemnt which, in his judgment, constitute a substantial hazard to the public health, he may without warning, notice, or hearing, issue a written notice to 7 - the permit holder or operator citing such condition, specifying the corrective action to be taken, and specifying the time period within which such action shall be taken; and, if deemed necessary , such order shall state that the permit is immediately suspended, and all food-service operations are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith, but upon written petition to the health department, shall be afforded a hearing as soon as possible. If any one food booth operating under a special event food service establishment permit is in noncompliance with any of the provisions of this ordinance, that booth and any such booth which violates the ordinance may , at the option of the health department, be closed without suspending the permit of the special event food service establishment. Applicant for the special event food services establishment will be responsible to enforce the closing of the food booth under the permit which is in violation of this ordinance. Any failure or refusal of the food booth to comply with the order of the health department may result in the suspension of the permit issued to the special event food service establishment. Section 3 . That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4 . That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only . 8 - Section 5 . This ordinance shall be and become effective from and after November 1 , 1983. Section 6 . That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of -rr„/cP � 19 . Mayor - 9 -