HomeMy WebLinkAboutORD 07-025 ORDINANCE NO. 07-025
ENTITLED AN ORDINANCE AMENDING CHAPTER 11, ARTICLE
I, SECTIONS 11-1 AND 11-1.1, SUBSECTION 11-4(b), SECTION
11-5, AND ARTICLE IV, SUBSECTIONS 11-84(a) and (b) OF THE
CODE OF ORDINANCES; AND REPEALING CHAPTER 11,
ARTICLE I, SECTION 11-19 OF THE CODE OF ORDINANCES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL;
AND PROVIDING A PENALTY.
WHEREAS, the City of Beaumont endeavors to maintain a clear,
comprehensible, and cohesive Code of Ordinances; and,
WHEREAS, the City is therefore revising its Code to comport with current
law and court interpretation;
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
That Chapter 11, Article I, Section 11-1, be and the same is hereby
amended to read as follows:
Sec. 11-1. Texas Department of State Health Services, "Rules on Food
Service Sanitation"--Adopted by reference.
The Texas Department of State Health Services, "Texas Food
Establishment Rules," sections 229.161 to 229.171 and 229.173 to 229.175 are
hereby adopted by reference as if copied verbatim herein and a copy of said
Food Establishment Rules is available in the city clerk's office of the city.
Section 2.
That Chapter 11, Article I, Section 11-1.1, be and the same is hereby
amended by changing the introductory language to read as follows:
Sec. 11-1.1. Same--Amendments.
The Texas Department of State Health Services, "Texas Food
Establishment Rules" are hereby amended as follows:
Section 3.
That Chapter 11, Article I, Subsection 11-4(b), be and the same is hereby
amended to read as follows:
Sec. 11-4. Licenses generally--Issuance; standard fees.
(b) 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 ..........................................................................$192.50
(2) Establishments having from eleven (11) to twenty
(20) stools or chairs......................................................$203.50
(3) Establishments having from twenty-one (21) to thirty
(30) stools or chairs......................................................$214.50
(4) Establishments having from thirty-one (31) to fifty
(50) stools or chairs......................................................$225.50
(5) Establishments having from fifty-one (51) to
seventy-five (75) stools or chairs ................................$236.50
(6) Establishments having from seventy-six (76) to
one-hundred 0 00) stools or chairs .............................$247.50
(7) Establishments having one hundred one (101) to
one hundred fifty (150) stools or chairs .......................$258.50
(8) Establishments having one hundred fifty-one (151)
to two hundred (200) stools or chairs ..........................$269.50
(9) Establishments having over two hundred (200)
stoolsor chairs ............................................................$280.50
(10) Special food service establishments (per day) ............$220.00
(11) Establishments needing temporary permits ................$33.00
(12) Establishments needing vending machine licenses.....$55.00
(13) Establishments needing seafood/wholesale licenses ..$44.00
(14) Establishments needing seafood/retail licenses ..........$22.00
(15) Establishments needing produce/wholesale licenses ..$55.00
(16) School cafeterias, public or parochial ..........................$55.00
(17) Seasonal food service establishments ........................$82.50
(18) Retail food stores with zero (0) to two (2) checkout
counters ......................................................................$192.50
(19) Retail food stores with three (3) to five (5) checkout
counters ......................................................................$247.50
(20) Retail food stores with six (6) to nine (9) checkout
counters ......................................................................$302.50
(21) Retail food stores with ten (10) or more checkout
counters ......................................................................$357.50
Section 4.
That Chapter 11, Article I, Section 11-5, be and the same is hereby
amended to read as follows:
Sec. 11-5. Same--When fees chargeable; proration of fees; expiration.
The annual license fee shall be chargeable on all licenses issued after the
first day of January up to and including the thirty-first (31st) day of July of each
year, and one-half the annual fee for all licenses issued after the thirty-first day of
July and through the thirty-first day of December of each year except for
seasonal, special event and temporary food service establishments. All licenses
shall expire on the thirty-first day of December of each year. Annual renewal
fees for established businesses that are not received by January 31 are
considered late. Late payments are subject to an additional 25 percent penalty
on February 1 and an additional 5 percent penalty will be charged for each
subsequent month, until payment is received.
Section 5.
That Chapter 11, Article I, Section 11-19, be and the same is hereby
repealed.
Section 6.
That the title of Chapter 11, Article IV, be and the same is hereby
amended to read as follows:
ARTICLE IV. FOOD SERVICE MANAGER'S CERTIFICATE*
Section 7.
That Chapter 11, Article IV, Subsections 11-84(a) and (b), be and the
same are hereby amended to read as follows:
Sec. 11-84. Issuance of food service manager's certification certificate.
A food service manager's certificate shall be issued to any person who
submits the required issuance fee, and:
(a) Completes the City of Beaumont Food Service Manager's
Certification Course or shows evidence of completion, within the
past three (3) years, of a course of study which is listed in the
Texas Department of State Health Services Worker's Training
Program Course Registry, and achieves the required minimum
score of seventy-five (75) points out of a possible one hundred
(100) points on a written examination administered or approved by
the regulatory authority. An applicant who fails to achieve a
minimum score of seventy-five (75) on the written examination may
repeat the examination one (1) time without repetition of the food
sanitation course of study; or
(b) Provides evidence of certification within the past three (3) years by
an agency which administers a national examination determined by
the Texas Department of State Health Services and/or the U.S.
Food and Drug Administration to be content valid and legally
reliable; or
Section 8.
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 9.
That all ordinances or parts of ordinances in conflict herewith are repealed
to the extent of the conflict only.
Section 10.
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 ity f Beaumont on this the
20th day of March, 2007.
it, - Mayor Guy N. Goodson -
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