HomeMy WebLinkAboutORD 14-061ORDINANCE NO.14 -061
ENTITLED AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 10.02,
SECTION 10.02.001, SUBSECTIONS 229.163(a), 229.163(b)(2),
229.169(a)(1)(B), 229.169(a)(1)(D), 229.169(b), 229.169(c)(1)(H),
229.169(c)(1)(1), 229.169(c)(1)(K) AND REPEALING 229.169(a)(1)(D) 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 of the Code of Ordinances of the City
of Beaumont, amending Section 229.163, (a) of the Texas Food Establishment Rules as
adopted and amended, be and the same is hereby amended to read as follows:
Section 229.163 Management and Personnel
(a) Responsibility, assignment. The permit holder shall be the person in
charge or shall designate a person in charge and shall ensure that a person in charge is
present at the food establishment during all hours of operation. This would require
more than one certified food manager at each food establishment to allow for adequate
coverage. A certified food manager cannot be the person in charge of more than one
food establishment.
Section 2.
That Chapter 10, Article 10.02, Section 10.02.001 of the Code of Ordinances of the City
of Beaumont, amending Section 229.163, (b)(2) of the Texas Food Establishment Rules
as adopted and amended, be and the same is hereby amended to read as follows:
Section 229.163 Management and Personnel
(b) Knowledge, demonstration.
(2) being a certified food protection manager who has shown
proficiency of required information through passing a department approved examination
prior to opening of food establishment; and
Section 3.
That Chapter 10, Article 10.02, Section 10.02.001 of the Code of Ordinances of the City
of Beaumont, amending Section 229.169, (a)(1)(B) of the Texas Food Establishment
Rules as adopted and amended, be and the same is hereby amended to read as
follows:
Section 229.169
(a) Mobile food establishment provisions.
(1) General.
(B) An additional "food sale permit" is not required of a
mobile food unit operating as an extension of a restaurant
that is permitted within the city limits of Beaumont.
Section 4.
That Chapter 10, Article 10.02, Section 10.02.001 of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended by repealing Subsection
229.169(a)(1)(D).
Section 5.
That Chapter 10, Article 10.02, Section 10.02.001 of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended by repealing Subsection 229.169(b)
of the Texas Food Establishment Rules as adopted and amended, be and the same is
hereby amended to read as follows:
Section 229.169
(b) Central preparation facility.
The central preparation facility, commissary, licensed food establishment
or home of operations, is an essential part of a mobile food unit
operation. All mobile food units must operate from a central preparation
facility, commissary/ licensed food establishment where food and
supplies are received.
Once a food establishment agrees to become a central preparation
facility /commissary for a mobile food unit, the food establishment will
receive an inspection by the health department.
An overall score of 90 with no demerits in items 1 -5 and 13 -14 of the
inspection report will be required for approval to become a central
preparation facility /commissary for a mobile food unit.
All mobile food units must return to the central preparation
facility /commissary at least once per day of operation for one
performance of all servicing operations. Servicing operations include:
• Cleaning of the mobile food unit
• Restocking supplies as necessary
• Thorough flushing and draining of the waste retention tank
Upon request the operator of a mobile food unit must be able to provide
written proof that the mobile food unit has been servicing at a central
preparation facility /commissary on a daily basis. These servicing records
must be maintained in duplicate, with one copy in the mobile food unit at
all times and the other copy kept at the central preparation
facility /commissary. Each servicing record must be kept and maintained
for two years from the date of servicing. Failure to obtain servicing on a
daily basis or failure to maintain servicing records will result in the
immediate closure of the mobile food unit operations and the issuance of
a citation to the central preparation facility /commissary. The central
preparation facility /commissary for any mobile food unit must be
constructed and operated in compliance with the requirements of the
Texas Food Establishment rules as amended.
The central preparation facility /commissary will be required to provide
the following services to mobile food unit(s):
• Adequate facility for storage of food utensils and other
supplies
• Adequate facility for the disposal of garbage and liquid wastes
• Potable water for filling water tanks
• Hot and cold water under pressure for cleaning and sanitizing
• Approved janitorial sink, toilet, utensil washing, and hand
washing facilities with single service soap and paper towels in
dispensers
• Maintenance of a daily log sheet signed by central preparation
facility /commissary owner to verify mobile food unit's daily use
of facility
As a part of the central preparation facility's /commissary's inspection, the
health inspector will review the assigned mobile food unit's servicing log.
Failure to maintain this log accurately will result in immediate closure of
the mobile food unit and a court citation of the central preparation
facility /commissary.
This central preparation agreement will not be required of a mobile food
unit operating as an extension of a permitted restaurant in the city limits
of Beaumont.
An affidavit from the owner of the central preparation facility must be
provided as proof that the mobile food unit is servicing at the central
preparation facility as required.
Section 6.
That Chapter 10, Article 10.02, Section 10.02.001 of the Code of Ordinances of the City
of Beaumont, amending Subsection 229.169(c)(1)(H) of the Texas Food Establishment
Rules as adopted and amended, be and the same is hereby amended to read as
follows:
Section 229.169
(c) Servicing area and operations.
(1) Protection.
(H) Mobile food unit operators are required to dump their
wastewater within a 24 hour period or more frequently 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 7.
That Chapter 10, Article 10.02, Section 10.02.001 of the Code of Ordinances of the City
of Beaumont, amending Subsection 229.169(c)(1)(1) of the Texas Food Establishment
Rules as adopted and amended, be and the same is hereby amended to read as
follows:
Section 229.169
(c) Servicing area and operations.
(1) Protection.
(1) Mobile food units must be located on a paved surface and
located within 500 feet of an available public restroom facility for
use during hours of operation.
Section 8.
That Chapter 10, Article 10.02, Section 10.02.001 of the Code of Ordinances of the City
of Beaumont, amending Subsection 229.169(c)(1)(K) of the Texas Food Establishment
Rules as adopted and amended, be and the same is hereby amended to read as
follows:
Section 229.169
(1) Protection.
(K) All mobile food establishments shall move and vacate the
premise of the business location on a daily basis; overnight parking
at the business location is prohibited. At the end of each business
day, the mobile food establishment shall return to the central
preparation facility /commissary for servicing and storage. If storage
is not allowed at the central preparation facility /commissary, the
mobile food unit must be stored in a secured storage facility.
Section 9.
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 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 1.01.009 of the Code or Ordinance of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
November, 2014.
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