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HomeMy WebLinkAboutORD 84-32 i h x ORDINANCE NO. � 32 ENTITLED AN ORDINANCE AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, TEXAS; PROVIDING FOR HEALTH REGULATIONS; PROVIDING FOR SPECIAL EVENT FOOD SERVICE ESTABLISHMENTS; AMENDING DEFINITIONS; 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 11-1 of the Code of Ordinances of the City of Beaumont be, and the same is hereby , amended to read as follows: Section 11-1 The definitions; the inspection of food service establish- ments; issuance, suspension and revocation of permits to operate food service establishments; the prohibition of the sale of adulterated or misbranded food or drinks; and the enforcement of this chapter shall be regulated in accordance with the Texas Department of Health, Division of Food and Drugs , "Rules on Food Service Sanitation" , a copy of which shall be on file in the office of the City Clerk; provided, however, that the words "municipality of _ " in said rules on food service sanitation shall be understood to refer to the City of Beaumont and the words "regulatory authority" shall be understood to refer to the Health Department of the City of Beaumont. Provided further that the "Rules on Food Service Sanitation" adopted herein are amended by Section 11-1 . 1 hereof. Section 2. That Chapter 11 , Section 11-1 . 1 of the Code of Ordinances be, and the same is hereby , amended to read as follows: Section 11-1 . 1 The Texas Department of Health, Division of Food and Drugs "Rules on Food Service Sanitation" is hereby amended as follows: 1 ) Section . 002, "Definitions" is hereby amended by adding the following definitions to read as follows: i Adulterated-Food. A food shall be deemed to be adulterated: - if it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such food shall not be considered adulterated under this clause. - if the quantity of such substance in such food does not ordinarily render it injurious to health. - if it bears or contains any added poisonous or added deleterious substance ( except a pesticide chemical in or on a raw agricultural commodity and except a food additive) which is unsafe within the meaning of Section 13 of Article 4476-5 of the Civil Statutes of the State of Texas. - if it is a raw agricultural commodity and it bears or contains a pestsicide chemical which is unsafe within the meaning of Section 13 of Article 4476-5 of the Civil Statutes of the State of Texas. - if it is, or it bears or contains, any food additive which is unsafe within the meaning of Section 13 of Article 4476-5 of the Civil Statutes of the State of Texas; provided, that where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under Section 13 of Article 4476-5 of the Civil Statutes of the State of Texas and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling the residue of such pesticide chemical remaining in or on such processed food shall, notwithstanding the provisions of said Section 13 and this clause not to be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice, and the concentration of such residue in the processed food, when ready to eat, is not greater than the tolerance prescribed for the raw agricultural commodity. - if it consists in whole or in part of a diseased, contaminated, filthy, putrid or decomposed substance, or if it is otherwise unfit for foods. - if it has been produced, prepared, packed or held under unsanitary conditions whereby it may have become contaminated, or whereby it may have been rendered injurious to health. - if it is the product of a diseased animal or an animal which has died otherwise than slaughtered, or that has been fed upon the uncooked offal from a slaughterhouse. 2 - - if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health. - if any valuable constituent has been in whole or in part omitted or abstracted therefrom. - if any substance has been substituted wholly or in part for any valuable constituent. - if damage or inferiority has been concealed in any manner. - if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is. - if it contains saccharin, dulcin, glucin, or other sugar substitutes except in dietary foods, and when so used shall be declared. - if it be fresh meat and it contains any chemical substance containing sulphites, sulphur dioxide, or any other chemical preservation which is not approved by the United States Bureau of Animal Industry or the state commissioner of health. - if it is confectionery and it bears or contains any alcohol or non-nutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of one per centum, harmless natural gum, and pectin; provided; that this paragraph shall not apply to any confectionery by reason of its containing less than one-half of one per centum by volume of alcohol derived solely from the use of flavoring extracts, or to any chewing gum by reason of its containing harmless nonnutritive masticatory substances. - if it bears or contains a coal-tar color other than one certified under authority of the Federal Act. Approved. The term "approved" shall mean acceptable to the regulatory authority based on his/her determination as to conformance with appropriate standards and good public health practice. Caterer. The term "caterer" shall mean a food service establishment where food is completely or partially prepared for delivery to a single customer, i. e. , an individual, partnership, corporation, association, or other legal entity; and where this food is transported to the customer at a separate location where it is meant to be served and consumed. 3 - i Closed. The term "closed' shall mean without openings large enough for the entrance of insects or other vermin. Filth. The term "filth" shall mean dust, dirt, insect excretions or secretions, insect body parts, rodent hairs or excretions, feathers, or any foreign or injurious contamination. Garbage. The term "garbage" shall mean every accumulation of animal, vegetable and other waste matter than attends the preparation, handling, consumption, storage, or decay of plant and animal matter, including meats, fish and seafoods , birds, fruit, vegetable or dairy products and the waste wrappers or containers thereof. Misbranded. The term "misbranded" shall mean the presence of any written, printed, or graphic matter upon or accompanying food or containers of food, including signs or placards displayed in relation to such products, which is false or misleading or which violates any applicable federal, state or local labeling requirements. Potable Water. The term "potable water" shall mean water from an approved source which has been determined by the regulatory authority after appropriate testing as suitable for human consumption. Refuse. The term "refuse" shall mean all putrescible and non-putrescible solid and semi-solid wastes, including garbage, rubbish, and ashes. Special Event Food Service Establishment. The term "special event food service establishment" shall mean a temporary food service establishment which consists of more than five ( 5 ) food booths and is sponsored by an organization in connection with a single group event. This includes, but is not limited to fairs, carnivals, food festivals, and similar events. Transportation. The term "transportation" shall mean movement of food within the food establishment or delivery of food from that establishment to another place while under the control of the person in charge of the establishment. _Wholesome. The term "wholesome" shall mean in sound condition, clean, free from adulteration, and otherwise suitable for use as human food. 2 . Section .002, "Definitions" is hereby amended by changing the definitions of food service establishment and regulatory authority to read as follows: 4 - i Food Service Establishment. Shall mean any place where food is prepared for or served to the public, specifically including, but not limited to, public or private institutions which serve food to their residents, members, patients or customers. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. This shall not include non-profit organizations which are preparing and/or serving only baked goods which are not potentially hazardous; e.g. , non cream-filled cakes, cookies, etc. This term also does not include private homes where food is prepared or served or individual family or guest consumption, food vending machines, and supply vehicles. The term also does not include the location where food is served and has been prepared by a catering operation which is licensed by the City of Beaumont. Regulatory Authority. The term "regulatory authority" shall mean the State' s and/or the City of Beaumont' s Health Department. 3 . Section . 007 , Sanitary Facilities and Controls, is hereby changed to amend Subsection " (C) (4 ) " "Grease Traps" to read as follows: Subsection (C) (4 ) "Greastraps" "If required, grease traps shall be located outside of food preparation or utensil washing areas. " 4 . Section . 010, Temporary Food Service Establishments, is hereby amended to change Subsections ( a) , ( b) (1 ) and to add a new section ( 1 ) to read as follows: Subsections ( a) , ( b) (1 ) , ( 1) a) General. All temporary food service establishments including special event food service establishments shall comply with all provisions of this ordinance which are applicable to its operation. For special event food service 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 sale/use of all potentially hazardous foods , and when no health hazard will result, may waive or modify requirements of this ordinance. 5 - (b) (1 ) 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. 1) Unrestricted Establishments. For unrestricted establishments, a temporary food service establishment shall meet all the requirements of this ordinance as set forth in Sections .002 through .010 herein which are applicable to its operation. 5 . Section .011, " Inspections and Enforcement" , is hereby deleted and a new section .011 is hereby added to read as follows: 0 .11 Compliance Procedures. A. Permits, Licenses, or Certificates. 1 ) It shall be unlawful for any person to operate a food service establishment within the City of Beaumont, or its police jurisdiction, who does not possess a valid permit, license, or certificate issued to him/her by the regulatory authority. Only a person who complies with the requirements of this ordinance shall be entitled to receive or retain such a permit, license, or certificate. Permits, licenses, or certificates shall not be transferable from one person to another person or place. A valid permit, license, or certificate shall be posted in every food service establishment. Permits, licenses, or certificates for termporary food service establishments shall be issued for a period of time not to exceed fourteen ( 14) days. 2 ) Issuance of permit, license, or certificate. a) Any person desiring to operate a food service establishment shall make written application for a permit, license, or certificate on forms provided by the regulatory authority. 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 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 operations. 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. 6 - t ) upon receipt of such an application, the regulatory authority shall make an inspection of the proposed food service establishment to determine compliance with the provisions of this ordinance. c) When inspection reveals that the applicable requirements of this ordinance have been met, a permit, license, or certificate shall be issued to the applicant by the regulatory authority. 3 ) Suspension of permit, license, or certificate. a) Permit, license, or certificate may be suspended temporarily by the regulatory authority for failure of the holder to comply with the requirements of this ordinance. Whenever a permit, license, or certificate holder or operator has failed to comply with any notice issued under the provisions of Section .011 of this ordinance, the permit, license, or certificate holder or operator shall be notified in writing that the permit, license, or certificate 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 regulatory authority by the permit, license, or certificate holder. Notwithstanding the other provisions of this ordinance, whenever the regulatory authority finds unsanitary or other conditions in the operation of a food service establishment which, in his/her judgment, constitutes an imminent health hazard ( such as, but not limited to, complete lack of sanitization, refrigeration, or sewage back-up into the establishment) , he/she may without warning, notice, or hearing, issue a written notice to the permit, license, or certificate 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, license, or certificate is immediately suspended, and the establishment shall immediately cease food service operations. Any person to whom such an order is issued shall comply immediately therewith, but upon written petition to the regulatory authority shall be afforded a hearing within twenty ( 20) days of receipt of request for a hearing. 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 authority, be closed without suspending the permit of the special event food service establishment. Applicant for the special event food service 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. 7 - CJ b) Any person whose permit, license, or certificate has been suspended for any reason other than for imminent health hazaards may, at any time, make application for a reinspection for the purpose or reinstatment of the permit, license, or certificate. Within ten ( 10) days following receipt of a written request, including a statement signed by the applicant that in his/her opinion the conditions causing suspension of the permit, license, or certificate have been corrected, the regulatory authority shall make a reinspection. If the applicant is complying with the requirements of this ordinance, the permit, license, or certificate shall be reinstated. If no written request for hearing is filed within ten ( 10) days, the suspension is sustained. 4 ) Revocation of permit, license, or certificate. For serious or repeated violations of any of the requirements of this ordinance, or for interference with the regulatory authority in the performance of its duties, the permit, license, or certificate may be permanently revoked after an opportunity for a hearing has been provided by the regulatory authority. Prior to such action, the regulatory authority shall notify the permit, license, or certificate holder in writing, stating the reasons for which the permit, license, or certificate is subject to revocation and advising that the permit, license, or certificate shall be permanently revoked at the end of five (5 ) days following service of such notice, unless a request for a hearing is filed with the regulatory authority, by the permit, license, or certificate holder, within such a five ( 5 ) day period. A permit, license, or certificate may be suspended for cause pending its revocation or a hearing relative thereto. If no request for hearing is filed within the five (5 ) day period, the revocation of the permit, license, or certificate becomes final. 5 ) Service of notices. Notices provided for in this ordinance shall be deemed to have been properly served when the original of the inspection report form or other notice has been delivered personally to the permit holder or person in charge, or such notice has been sent by registered or certified mail, return receipt requested, to the last known address of the permit, license, or certificate holder. A copy of such notice shall be filed with the records of the regulatory authority. 6 ) Hearings. The hearings provided for in this ordinance shall be conducted by the regulatory authority at a time and place designated by it. Based upon the record of such hearing, the regulatory authority shall make a final finding and shall sustain, modify, or rescind any official notice or order considered in the 8 - a hearing. A written report of the hearing decision shall be furnished to the permit, license, or certificate holder by the regulatory authority. 7) Application after revocation. Whenever a revocation of a permit, license, or certificate has become final, the holder of the revoked permit, license, or certificate may make written application for a new permit, license, or certificate. B. Inspection of Food Service Establisheents. 1 ) Inspection frequency. At least once every six (6 ) months, the regulatory authority shall inspect each food service establishment located in the municipality of , or its police jurisdiction, and shall conduct as many additional inspections and reinspections as are necessary for the enforcement of this ordinance. 2 ) Access. Agents of the regulatory authority, after proper identification, shall be permitted to enter, at any reasonable time, any food service establishment within the municipality of , or its police jurisdiction, for the purpose of conducting inspections to determine compliance with this ordinance. The agents shall be permitted to examine the records of the establishments to obtain information pertaining to food and supplies purchased, received, or used, or to persons employed. 3 ) Report of inspections. Whenever agents of the regulatory authority conduct an inspection of a food service establishment, the findings shall be recorded on the inspection report form set out in paragraph ( 6 ) of subsection ( B) of this section. The original of the inspection report form shall be furnished to the permit, license, certificate holder, operator, or person in charge at the completion of the inspection and constitutes a written notice. The inspection report form shall summarize the requirements of Sections .003 through .010 of this ordinance, and shall set forth a weighted point value for each requirement. The rating score of the establishment shall be the total of the weighted point value for all violations, subtracted from one hundred ( 100) . The completed inspection report form is a public disclosure to any person who requests it according to law . 9 - D I 4 ) Correction of violations. Whenever an agent of the regulatory authority conducts an inspection of a food service establishment and finds that any of the requirements of Sections .003 through .010 of this ordinance have been violated, he/she shall notify the permit, license, or certificate holder, operator, or person in charge of such violations by means of an inspection report form or other written notice. In such notification, the regulatory authority shall: a) Set forth the specific violations found, together with the rating score of the establishment. b) Specify a reasonable period of time for the correction of the violations found and correction of the violations shall be accomplished within the following provisions: 1 ) If an imminent health hazard exists, such as, but not limited to, complete lack of sanitization, refrigeration, or sewage backup into the food service establishment, the establishment shall immediately cease food service operations. Operations shall not be resumed until authorized by the regulatory authority. 2 ) All violations of 4- or 5- point weighted items shall be corrected within a time period specified by the regulatory authority, but in any event, not to exceed ten ( 10) days. 3 ) When the rating score of the establishment is seventy ( 70) or more, 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, 4 ) When the rating score of the establishment is between sixty ( 60) and sixty-nine (69) all 1- or 2- point weighted items shall be corrected as soon as possible, but in any event, within a period of time not to exceed thirty ( 30) days; or, 5 ) When the rating score of the establishment is less than sixty ( 60) , the permit, license, or certificate is immediately suspended. 6 ) In the case of temporary food service establishments, all violations shall be corrected within a specified period of time not to exceed twenty-four ( 24) hours. If violations are not corrected within the specified time, the permit, license, or certificate is immediately suspended and the establishment shall 10 - a ` immediately cease food service operations until authorized to resume by the regulatory authority. 7 ) Whenever a food service establishment is required under the provisions of this ordinance 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 exists. Opportunity for reinspection shall be offered within a reasonable time. c) State that failure to comply with any notice issued in accordance with the provisions of this ordinance may result in an immediate suspension of the permit, license, or certificate (or, a downgrading of the establishment) . d) State that an opportunity for appeal from any notice or inspection findings will be provided if a written request for a hearing is filed with the regulatory authority, within the period of time established in the notice for correction. 5 ) Grading of food service establishments. Every food service establishment in the municipality of , or its police jurisdiction, shall display , in a place designated by the regulatory authority, a placard approved by the regulatory authority stating the sanitary condition received at the time of the most recent inspection of the establishment: Provided that temporary food service establishments shall not be subject to grading. Sanitary conditions of establishments shall be as follows: Above Average Rating. An establishment having a rating score of seventy ( 70) or above. Average Rating. An establishment having a rating score of at least sixty ( 60) but not more than sixty-nine ( 69) . Notwithstanding the sanitary condition criteria established above, whenever a second consecutive violation of any 2-, 4-, or 5- point weighted item is discovered, the permit may be suspended (Subsection (A) (3 ) ( a) of Section .011) , or in lieu thereof, the establishment may be downgraded to the next lower sanitary condition. Immediately following each inspection, the regulatory authority shall post the appropriate sanitary condition based upon the inspection findings, and shall issue an appropriate notice in accordance with Subsection (B) (3 ) of this section. The permit, license, or certificate holder or operator of any food service establishment, the sanitary condition of which has been lowered, may at any time request an inspection for the purpose of regrading the establishment. Within twenty ( 20) days - 11 - following receipt of a request, including a signed statement that the conditions responsible for the lowering of the grade have, in the applicant' s opinion, been corrected, the regulatory agent shall conduct an inspection, and thereafter as many additional inspections as he/she may deem necessary to assure him/herself that the applicant is complying with the higher sanitary condition requirements; and, if the findings indicate compliance, shall award the higher sanitary condition. 6 ) Inspection report form. The City of Beaumont Health Department adopts by reference the Texas Department of Health, Division of Food and Drug, form entitled, "Food Service Establishment Inspection Report" , described in Subsection ( B) (3 ) of this section, and available in the Texas Department of Health, Food and Drug Division office, 1100 West 49th Street, Austin, Texas, 78756. C . Examination and Condemnation of Food. 1 ) Food supplied under the provisions of this ordinance may be examined or sampled by the regulatory authority as often as necessary for enforcement of any applicable federal, state or local law . The regulatory authority may, upon written notice to the owner or person in charge of any food service establishment or operation, place under detention food which he/she determines or has probable cause to believe is in violation of federal, state or local law . The regulatory authority shall tag, label or otherwise identify any food subject to detention. No food subject to detention shall be used, served, sold or moved from the establishment. The regulatory authority shall permit storage of the food under conditions specified in a hold order. The hold order shall specify with particularity the reasons therefore and 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 order to denature or destroy such food or to bring it into compliance with applicable laws. Such order of the regulatory authority to denature or destroy such food or bring it into compliance with the provisions of this ordinance shall be stayed if the order is appealed to a court of competent jurisdiction within three ( 3 ) days. 2 ) Wherever the regulatory authority shall find in any food service establishment or operation any food which is unsound, or contains any filthy, decomposed or putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe, the same being hereby declared to be a nuisance, the regulatory authority shall forthwith condemn or in any manner render the same unsalable as human food. 12 - �� d D. Review of Plans. 1 ) Submission of plans. Whenever a food service establishment is constructed or extensively remodeled or whenever an existing structure is converted for use as a food establishment, properly prepared plans and specifications for such construction, remodeling, or conversion shall be submitted to the regulatory authority for review and approval 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 all applicable laws. No food service establishment shall be constructed, extensively remodeled, or converted except in accordance with plans and specifications approved by the regulatory authority. 2) Pre-operational ins ection. Whenever plans and specifications are required by Subsection (D) (1 ) of this section to be submitted to the regulatory authority , the regulatory authority shall inspect the food service establishment prior to its beginning operation to determine compliance with the approved plans and specifications and with the requirements of all applicable laws. E . Procedure When Infection is Suspected. When the regulatory authority has reasonable cause to suspect the possibility of disease transmission from any food service establishment or operation employee, he may secure morbidity history of the suspected employee or make any other investigation as may be indicated and shall take appropriate action. The regulatory authority may require any or all of the following measures: 1 ) The immediate exclusion of the employee from all food service establishments or operations; 2 ) The immediate closing of the food service establishment or operation concerned until, in the opinion of the health authority, no further danger of disease outbreak exists; 3 ) Restriction of the employee' s services to some area of the establishment or operation where there would be no danger of transmitting disease; 4 ) Adequate medical and laboratory examination of the employee or other employees and of his/her or their body discharges. 13 - i Section 3 . That Chapter 11, Section 11-2 of the Code of Ordinances of the City of Beaumont is hereby amended to read as follows: Section 11-2 The definitions, the requiring of permits for the installation and operation of vending machines; the prohibition of the sale of adulterated or misbranded food or drink; and the enforcement of this section shall be regulated in accordance with the terms of the unabridged form of "The Vending of Food and Beverages--1978 Recommended Sanitation Ordinance of the Food and Drug Administration" , a copy of which shall be on file in the office of the City Clerk; provided that the words "municipality of " in said unabridged form shall be understood to refer to the City of Beaumont and provided further that Sections 6-601 and 6-602 of said unabridged ordinance shall be deemed deleted. Section 4 . That Chapter 11, Section 11-12 of the Code of Ordinances of the City of Beaumont be, and the same is hereby , amended to read as follows: Section 11-12 Every person, before opening, maintaining or operating such an establishment for any of the purposes stated in Section 11-11, or in any manner selling or distributing or offering for sale or distribution, personally or otherwise, any fish, oysters, shrimp, lobsters, crabs, crayfish, turtles, terrapins and clams at wholesale or retail, shall make application for each establishment to be so maintained and operated by applicant, upon a blank to be furnished by the health authority, and in which application the applicant shall give the following information: 1 ) Residence and business addresses of applicant; 2 ) Number of establishments to be maintained and operated; 3 ) Nature of business; 4 ) Whether wholesale or retail; 5 ) Name of the owner of such establishment; 6 ) Name under which it is to be operated. 14 - i Section 5 . That Chapter 11, Section 11-13 of the Code of ordinances of the City of Beaumont be, and the same is hereby , amended to read as follows: Section 11-13 a ) There shall be two classes of licenses for establishments named in Section 11-11 , issued by the regulatory authority , said classes of licenses as follows: 1 ) Upon proper application, and after applicant has complied with the provisions contained in Section 11-14 hereof, the regulatory authority shall issue to any person a fish wholesalers license, upon payment by the person to the regulatory authority of the fee established by I1-4 herein; provided however, under the terms of such license, the person shall not be allowed to peddle from store to store but his sales must be made directly either by delivery upon a previously executed order or directly from his place of business. Nothing in this section shall prohibit any person from making delivery to any retail store in the city , provided Z such delivery is made in pursuance of a previously executed order from the merchant or retail establishment. 2 ) Upon proper application, and after applicant has complied with the provisions contained in Section 11-14 , the regulatory authority shall issue to any person a fish retailers license upon payment by the person to the regulatory authority of the fee established by 11-4 therein; provided, however, under the terms of such license, the person shall not be allowed to peddle from store to store or from 'r=ouse to house or upon the streets of the city , but his sale= must be mane directly , either by delivery upon a previously executed order, or directly from his place of business. b) The licenses provided in Section 11-11 shall be for the period of the calendar year, regardless of the date of issuance or unless sooner revoked. Section 6 . That Chapter 11 , Section 11-63( b) of the Code of Ordinances of the City of Beaumont is hereby amended to read as follows: - 15 - Section 11-63(b) Any person desiring to obtain a permit for a frozen dairy food products plant the products of which are all sold upon the premises at retail, shall make application to the regulatory authority upon forms prescribed and furnished by the regulatory authority and pay to the city an inspection fee as established herein. Such permit shall remain in force and effect until December 31 of the calendar year in which issued. Thereafter, such permit may be renewed for the period of January 1 to December 31 of each year upon the payment of the inspection fee. Section 7 . That Chapter 11 , Section 11-4( c) of the Code of Ordinances of the City of Beaumont is hereby amended to read as follows: Section 11-4( c) Nonprofit organizations which are youth oriented or elderly oriented shall pay a license fee which is fifty percent ( 50% ) of the fees established above in Section 11-4( b) (1 ) through ( 16) inclusive. The term "youth oriented" shall mean nonprofit organizations which provide services to persons more than fifty percent ( 50) of which are less than eighteen ( 18 ) years of age. The term "elderly oriented" shall mean nonprofit organizations which provide services to persons more than fifty percent ( 50% ) of which are sixty-five (65) years of age or older. The term "nonprofit organizations" shall mean those organizations which have been granted an exemption or are exempt from the payment of federal income taxes. Section 8 . That Chapter 11 of the Code of Ordinances of the City of Beaumont is hereby amended to add a new Article IV to read as follows: - 16 - D 7r ARTICLE IV FOOD SERVICE MANAGER' S CERTIFICATE Section 11-81. Purpose There shall be a program of food service manager' s certification conducted under the direction of the regulatory authority. Such a program shall have as its primary goal the training of persons in managerial positions ( person in charge) within the food service industry in safe food handling practices, including knowledge of the City of Beaumont' s Food Service Sanitation ordinance. Training shall be accomplished by means of a special course which will be made available at regular intervals to those persons seeking certification. Certification shall be accomplished after all course requirements have been met and the applicant has demonstrated by means of an examination that such person possesses the required minimum essential knowledge as determined by the regulatory authority. Section 11-82. Food Service Manager Certification Required It shall be unlawful for any person owning, operating, directing, or managing any food service establishment, catering operation, or any place or vehicle regulated by the City of Beaumont Food Service Sanitation Ordinance where food or drink is manufactured, produced, processed, prepared, or otherwise manipulated, within the City of Beaumont, Texas, to fail to keep in his employ a manager, assistant manager, supervisor, or other person in charge of said establishment who has a valid and current food service manager' s certification issued by the regulatory authority. Whenever a food service manager certificate has expired or the holder of the certificate is no longer employed in the food service establishment, ninety ( 90) days shall be allowed for the food service establishment to comply with this article. Section 11-83. Exemption Food manager certificates will not be required for the following: 1 ) Food service establishments providing only beverages and pre-packaged foods; 2) Non-profit organizations; 3 ) Food service establishments inspected at least once in each week by state or federal food sanitation inspectors; 4 ) Temporary or special event food service establishments; and, - 17 - ` Y 5 ) Persons operating a mobile food unit or supplying food to vending machines. For the purposes of this article, a non-profit organization shall mean an organization which has been granted an exemption or is exempt from the payment of federal income taxes. Section 11-84. Issuance of Food Service Managers Certification Certificate A Food Service Manager' s Certificate shall be issued to any person who submits the required issuance fee, and; A. Completes a course of study or shows evidence of completion of a course of study which meets the requirements set forth in DHEW Publication ( FDA) 76-1009 issued by the United States Food and Drug Administration and achieves the required minimum score of 75 points out of a possible 100 points on a written examination administered or approved by the regulatory authority. An applicant who fails to achieve a minimum score of 75 on the written examination may repeat the examination with or without repetition of the food sanitation course of study; or, B. Provides evidence of certification within the past three ( 3 ) years by an agency or organization who has on file with the United States Food and Drug Administration a "Statement of Intent for Reciprocity of Certified Food Service Manager training and Food Protection" attested to by an official of the United States Food and Drug Administration. Section 11-85. Term of Certification A Food Service Manager' s Certificate shall be valid for three ( 3 ) years from the date of issuance. The expiration date will be written on each certificate issued. The term may be less than three ( 3) years for an individual who was certified by another agency or organization as provided for in Section 11-84 ( B) . No certificate shall be transferable from one person to another person. Section 11-86. Renewal of Certificates Unless reexamination is required by state or federal law , a Food Service Manager' s Certificate may be renewed by completing and submitting the renewal application form provided by the regulatory authority not more than thirty ( 3 ) days before nor sixty ( 60) days after the date of expiration of the certificate. Such application for renewal must be accompanied by payment of the fee as set out in Section 11-88 of this ordinance. - 18 - . u i Section 11-87. Revocation of a Food Manager' s Certificate A. A Food Service Manager' s Certificate may be revoked by the regulatory authority on a finding that any of the following grounds exist: 1 ) That food service manager interfered with an inspection of the food service establishment by agents of the regulatory authority. 2 ) That violations of the City of Beaumont' s Food Service Sanitation Ordinance exist in the food service establishment. 3) That the certified food manager knowingly falsified any information supplied on an application for certification issued under this ordinance. 4 ) That the certified food manager or any employee of the food service establishment has made use of a Food Service Manager' s Certificate which has not been duly issued by the regulatory authority. B . Prior to revocation of a Food Service Manager' s Certificate, the regulatory authority shall give written notice to the holder of the certificate and to the owner of the food service establishment in which the food service manager is employed. Such notice shall state: 1 ) The grounds upon which the City of Beaumont will seek revocation of the certificate. 2 ) That revocation becomes final ten ( 10) days after notice unless a written request for hearing is filed with the regulatory authority before expiration of the ten ( 10) day period. C . The notice required by this ordinance is considered served when it is delivered to the holder of the certificate, and the owner 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 certificate and the owner of the food service establishment. A copy of the notice shall be filed in the records of the regulatory authority. D. The hearing provided for in this ordinance shall be conducted by the regulatory authority at a time and place designated by it. After completion of the hearing, the officer designated by the regulatory authority to conduct the hearing shall make written findings as to whether - 19 - revoked. If the hearing officer revokes the certificate, written notice of such revocation shall be served on the food service manager and the owner of the establishment with a copy of the findings. Upon receiving written notice that the food service manager' s certificate has been revoked, the food service manager shall surrender the certificate to the regulatory authority. If the food service manager fails to appear at the hearing at the time, place, and date specified, the City of Beaumont shall present sufficient evidence to establish a prima facie case showing that an act or acts have been committed which constitute grounds for revocation of the certificate. In the event a certificate is revoked, the City of Beaumont shall not be liable for any refund of any part of the fee paid for the certificate. A person whose food service manager' s certificate has been revoked, shall not be granted a new certificate until such person has attended a course of training and passed the required examination subsequent to the revocation, and met all requirements of an initial applicant. Food service manager' s certificates remain the property of the City of Beaumont Health Department and must be surrendered to the regulatory authority to be voided when the permit has been revoked. Section 11-88. Fees The fee for issuance of a Food Service Manager' s Certificate is Ten Dollars ( $10) . The enrollment fee for the food service sanitation course of study provided by the regulatory authority shall be Fifty Dollars ( $50) and will not be refunded once the course has begun. The fee for replacement of a valid and current certificate which has been lost, stolen, or damaged shall be Five Dollars ( $5) . All fees for issuance of certificates will be refunded in the event that no certificate is issued. Section 11-89. Certificate to be Displayed in Establishment Food Service Manager Certificates shall be prominently posted in the establishment in a place acceptable to the regulatory authority. 20 - i Section 9 . 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 10. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 11. 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. Section 12. Sections 1 through 6 of this ordinance shall be and become effective from and after April 1 , 1984. Section 7 of this ordinance shall be and become effective immediately upon passage. Section 8 of this ordinance shall be and become effective January 1 , 1985. PASSED BY THE CITY COUNCIL of the City of Beaumont this the /�t4, day of p , 1984. - Mayor - - 21 -