HomeMy WebLinkAboutORD 12-076 ORDINANCE NO. 12-076
ENTITLED AN ORDINANCE AMENDING CHAPTER 10,
ARTICLE 10.02, SECTION 10.02.001(b), SUBSECTIONS
229.169(a)(1)(B) AND 229.169(a)(1)(G), ADDING
SUBSECTION 229.169(b)(3), AMENDING SUBSECTIONS
229.169(c)(1)(H), AND 229.169(c)(1)(1), REPEALING AND
RENUMBERING SUBSECTION 229.169(c)(1)(J) AND
REPEALING THE EXISTING SUBSECTION 229.169(c)(1)(K)
OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS,
TO MAKE CHANGES AND ADDITIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL; AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 10, Article 10.02, Section 10.02.001(b) of the Code of Ordinances
be and the same is hereby amended by amending Subsection 229.169(a)(1)(B)to read as
follows:
(B) Mobile food units are additionally required to purchase a "food sale permit"
for each use. "Food sale permits" are good for a seventy-two (72) hour
period and are limited to two (2) times per month. A second "food sale
permit" cannot be issued within five (5) days from the start date of the first
signed permit. This permit is not required of a permitted or licensed central
preparation facility or permittee or licensee located within the City limits
operating a mobile food unit under the general supervision of a certified food
manager.
Section 2.
THAT Chapter 10, Article 10.02, Section 10.02.001(b) of the Code of Ordinances
be and the same is hereby amended by amending Subsection 229.169(a)(1)(G) to read
as follows:
(G) Mobile food unit food choices are limited to those that can be served or prepared in
compliance with the Texas Food Establishment Rules adopted by the City. Also, all food
to be prepared must be on the unit at the time of inspection accompanied by the receipts.
Section 3.
THAT Chapter 10, Article 10.02, Section 10.02.001(b) of the Code of Ordinances
be and the same is hereby amended by adding Subsection 229.169(b)(3) to read as
follows:
(b) Central preparation facility.
(3) An affidavit from the owner of the central preparation facility must be
provided with the application.
Section 4.
THAT Chapter 10, Article 10.02, Section 10.02.001(b) of the Code of Ordinances
be and the same is hereby amended by amending Subsection 229.169(c)(1)(H)to read as
follows:
(H) Mobile food unit operators are required to dump their wastewater within a 48
hour period or as necessary. If at any time the wastewater tank becomes full,
the operation shall be closed to allow for the transport and dumping of the
wastewater at the central preparation facility or commissary.
Section 5.
THAT Chapter 10, Article 10.02, Section 10.02.001(b) of the Code of Ordinances
be and the same is hereby amended by amending Subsection 229.169(cx1)(1)to read as
follows:
(1) Mobile food units must be located on a paved surface.
Section 6.
THAT Chapter 10, Article 10.02, Section 10.02.001(b) of the Code of Ordinances
be and the same is hereby amended by repealing and renumbering Subsection
229.169(c)(1)(J) to read as follows:
(J) An affidavit showing proof of consent to locate on premises where the unit
will operate must be provided.
Section 7.
THAT Chapter 10, Article 10.02, Section 10.02.001(b) of the Code of Ordinances
be and the same is hereby amended by repealing the existing Subsection
229.169(c)(1)(K).
Section 8.
That if any section, subsection, sentence, clause of 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 1.01.009 of the Code of Ordinances of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
October, 2012. �.�►��q
- Mayor Becky Ames -
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