Loading...
HomeMy WebLinkAboutORD 72-63C4 VLN/im/8/16/72 1 1c^�.,.1 of ORDINANCE NO. '%— ( 3 ENTITLED AN ORDINANCE REPEALING CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, TEXAS, AND ENACTING A NEW CHAPTER 14 DEFINING FOOD, POTENTIALLY HAZARDOUS FOOD, ADULTERATED, MISBRANDED, FOOD SERVICE ESTABLISHMENT, TEMPORARY FOOD SERVICE ESTABLISHMENT, HEALTH AUTHORITY, UTENSILS, EQUIP- MENT; PROVIDING FOR THE SALE OF ONLY UNADULTERATED WHOLESOME, PROPERLY BRANDED FOOD; REGULATING THE SOURCE OF FOOD; ESTABLISHING SANITATION STANDARDS, FOOD PROTECTION, FOOD SERVICE PERSONNEL, FOOD SERVICE OPERATIONS, FOOD EQUIPMENT, AND UTENSILS, SANITARY FACILITIES AND CONTROLS AND OTHER FACILITIES.; REQUIRING PERMITS FOR THE OPERATION OF FOOD SERVICE ESTABLISHMENTS; REGULATING THE INSPECTION OF SUCH ESTABLISHMENTS; PROVIDING FOR THE EXAMINATION AND CONDEMNATION OF FOOD; PROVIDING FOR INCORPORATION BY REFERENCE OF THE 1962 EDITION OF THE UNITED STATES PUBLIC HEALTH SERVICE FOOD SERVICE SANITATION ORDINANCE AND CODE (PART V); REGULATING THE SALE OF FOOD AND BEVERAGES THROUGH VENDING MACHINES; DEFINING VENDING MACHINES, OPERATOR, HEALTH AUTHORITY, AND OTHER TERMS; REQUIRING'PERMITS FOR THE INSTALLATION AND OPERATION OF VENDING MACHINES; PROHIBITING THE SALE OF, OR POSSESSION WITH INTENT TO SELL THROUGH VENDING MACHINES, ADULTERATED'OR MISBRANDED FOOD OR DRINKS; REGULATING MAINTENANCE AND OPERATION OF VENDING MACHINES; AUTHORIZING OFFICIAL INSPECTION \ OF VENDING MACHINES AND OPERATIONS CONNECTED THERE- WITH; PROHIBITING SALE ON THE STREETS OF CERTAIN ITEMS AND VEHICLE CONSTRUCTION FOR SALE ON THE STREETS; REGULATING THE SALE OF SEAFOODS; PROVIDING FOR HEALTH REGISTRATION CARDS; PROVIDING FOR FEES FOR CERTAIN FOOD SERVICE ESTABLISHMENTS; REGULATING FRUIT AND VEGETABLE WHOLESALERS; PROVIDING FOR FEES FOR VENDING MACHINES; PROVIDING A PENALTY; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: Section 1. Chapter 14 of the Code of Ordinances of the City of Beaumont is hereby repealed and a new Chapter 14 is hereby enacted, said new Chapter 14 of the Code of Ordinances of the City of Beaumont shall read as follows: "CHAPTER 14 "FOOD AND FOOD HANDLING ESTABLISHMENT lq- -- 41 , l� ! cad-,—• E r � "Sec. 14-1. Adoption by reference. 11The definitions, the inspection of food service establishments; issuance, suspension and revocation of permits to operate food service establishments; the prohibition of the sale of adulterated or misbranded foods or drinks; and the enforcement of this ordinance shall be regulated in accordance with the unabridged form of the 1962 edition of the 'United States Public Health Service Food Service Sanitation Ordinance and Code', a copy of which shall be on file in the office of the Municipal Clerk of the City of Beaumont; provided, however, that the words 'Municipality of ' in said unabridged form shall be understood to refer to the City of Beaumont, Texas; provided further, that subsections H. 6., H. 7., H. 8., H. 9., shall be understood to be deleted." "Sec. 14-2. Food Peddlers—Sale on Streets of Certain Items Prohibited. "It shall be unlawful for any person to peddle, sell, or offer for sale, ice cream, sherbet, flavored ices, lemonade drinks served by the glass, hot tamales, enchiladas, red hots, weiners, sausages, hamburgers, fresh and salt water fish . and all other marine life, sandwiches or any other similar food products easily contaminated by dust, dirt or flies, along or upon any public street, sidewalk, alley or other public place in the city." "Sec. 14-3. Vehicle construction. "All vehicles or conveyances used for distributing or delivering fruit or vegetables must be so constructed as to protect such fruit or vegetables from flies, dirt, dust or other filth." "Sec. 14-4. Bread, etc. "It shall be unlawful for any person to keep, sell or offer for sale, or display outside of any premises in the city -2- or in any street or public place any bread stuff, cake, pastry, dried, sliced or preserved fruits, candies, confectionery or other perishable food products, except those that are to be peeled, pared or cooked, before consumption, unless they shall be kept so.covered as to protect them from flies." "Sec. 14-5 Seafood—Waters from which taken, regulations. "It shall be unlawful to sell or offer for sale, within the corporate limits of the city, any fish, oysters, shrimp, lobsters, crabs, terrapins, turtles, crayfish and clams, which, if taken from the waters under the jurisdiction of the state, have not been approved by the state department of health under the regulations and permit of such department, both as to preparation and packing for shipment and shipment, or if such marine products. are taken from the waters under the jurisdiction of any other state, it shall be unlawful to sell or offer for sale within the limits of the city, any fish, oysters, shrimp, lobsters, crabs, turtles, terrapins, crayfish and clams, which have not been taken from the waters under the jurisdiction of the state and approved by the proper authorities of the state, and under the regulations and permit of the state authorities, and of the United States public.health service, both as to preparation and packing for shipment and shipment; and in so selling and offering for sale such marine products, it must be indicated either by certificate or otherwise from such state authorities that such marine products were taken from the waters and packed and shipped as approved and required by such regulations." "Sec. 14-6. Refrigeration. 11The food commodities named in section 14-5 shallbe kept in adequate refrigeration equipment at not greater than forty degrees Fahrenheit, and when such commodities are sold, -3- either at wholesale or retail, and the delivery thereof not made at the time of sale, the same.shall be delivered in a sanitary manner, and shall be at a temperature not greater than fifty degrees Fahrenheit at the point of delivery." "Sec. 14-7. Adulteration of oysters. "It shall be unlawful for any person to adulterate oysters, within the terms of this chapter, by adding thereto ice, water, sodium sulphate or any other preservative for.the purpose of -increasing the quantity of or preserving such oysters." "Sec. 14-8. Health registration card for employees. "It shall be unlawful for any person to prepare, serve or in any way handle foodstuffs intended or suited for human consumption or to employ any person in the business of preparing, serving or in any way handling foodstuffs intended for human consumption, including dishes, cutlery, and containers used for the handling and serving of food without a health registration card obtained from the city health department showing that such person has met the requirements of the laws of the state and the local ordinances governing food handlers and has a valid health certificate on file in the office of the city health department; provided, this section shall not prevent an individual preparing foodstuffs and beverages for his own consumption or for the exclusive use or consumption.of his own family. "Before any person shall be issued a health registration card, he shall be examined by a physician licensed to practice in the State of Texas and he shall submit to such examinations, laboratory tests, and x-rays as.may be necessary to determine if the individual examined is free of any transmissible condition of any contagious or communicable disease. This shall include but is not necessarily limited to a standard serological -4- test for syphilis, performed in a laboratory approved by the Texas State Department of Health and an x-ray for tuberculosis of the chest or standard skin test for tuberculosis; followed by an x-ray, if positive, both to be performed within thirty (30) days of the application. However said x-rays as provided for herein shall not be required in any instance in which the health authority or any licensed physician feels said x-ray is not necessary or is dangerous to the health and safety of the applicant. If such person examined is found to be free of any transmissible condition of any contagious or communicable disease such individual shall be issued a health registration card, a charge of two dollars and fifty cents ($2.50) being made therefor, all placed in the files of the city health department bearing the same number as the health registration card issued to such individual. This card may be revoked when in the opinion of the health authority the holder is suspected to have a contagious or communicable disease or of being a carrier of such, and the health authority reserves the right to make such other examinations, tests, etc. at any time that may be necessary. This registration card and health certificate shall be valid for a period of twelve (12) months unless cancelled by the health authority as provided by this chapter. A duplicate health card maybe obtained for an additional charge of one dollar ($1.00)." "Sec. 14-9. Fees. "Upon approval of the application of al,l applicants, as filed with the health authority, the health authority shall issue to the applicant a license or permit. "The amount of the license for applicants, other than Lax supported public schools and parochial schools, shall be =1 determined as follows: (1) In establishments having from one to ten stools or chairs ............... $ 10.00 (2) In establishments having from eleven to twenty stools or chairs ............ $ 15.00 (3) In establishments having from twenty-one to thirty stools or chairs ................................ $ 20.00 (4) In establishments having from thirty-one to fifty stools or chairs................................ $ 25.00 (5) In establishments having over fifty stools or chairs ...................... $ 30.00 (6) In establishments having no stools or chairs ............................. $ 10.00 (7) Temporary establishment ............... $ 10.00 "Sec. 14-10. Payment dates. "The annual license fee shall be chargeable on all licenses issued after the first day of January up to and including the thirty-first day of July of each year, and one-half the annual fee for license issued after the first day of August and through the thirty-first day of December of each year; all licenses shall expire on the -thirty-first day of December of each year." "Sec. 14-11. Fruit and vegetable wholesalers—Application. "Every person before opening, maintaining or operating an establishment for sale at wholesale of fruits and vegetables, or for the wholesale distribution thereof, shall make application for license for such business upon a blank to be furnished by the health authority of this city, 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 and location thereof. (4) Method of distribution to be used. "Sec. 14-12. Inspection, prior to issuance. "After filing such application for a license, it shall be the duty of the health authority of the city to make an in- spection of the premises in which the applicant desires to con- duct his establishment, and no license shall be issued to such person unless the building in which the business is to be con- ducted is constructed in accordance with the building code of the city, and contains floors of concrete connected with floor drains, so that the same may be easily cleaned. Such premises shall be properly ventilated, and the walls of such premises, and the benches, tables, and other furniture therein built and constructed in such manner that they can be easily kept clean. Such premises shall contain sufficient and adequate refrigeration, and all plumbing and plumbing fixtures shall comply with the plumbing code of the city, and such premises shall be equipped with sanitary toilets as required by the laws of the state. Such premises shall be equipped with wash basins, with individual or paper towels available in such toilets, and dirty unused clothing shall not be permitted to be stored or kept in any room in such premises where such fruit and vegetable products are cleaned, stored, packed, prepared for or offered for sale." "Sec. 14-13. Fee, issuance, transferability, proration. "Upon filing of such application to sell fruits or vegetables at wholesale, satisfactory inspection of the premises and paying the health authority -a license fee of fifty dollars, the health authority shall issue a license to the applicant to operate such establishment for and during the current year for which such license is issued, which license shall not be transferred. In case such license is issued for only a remain- ing portion of such year, the fee charged -shall be proportionately reduced; provided, however, the minimum fee to be paid hereunder shall be the sum of twenty-five dollars." -7- V - - 0 "Sec. 14-14. Display. 11Each person required to pay for a license hereunder shall keep such license displayed in a conspicuous place in each establishment operated. Such person shall procure copies of such license for each establishment so operated, and the health authority is hereby directed to furnish the same without additional cost to the applicant." 11Sec. 14-15. Seafoods—Fixed place of business, license required. "It shall be unlawful for any person to sell or offer for sale, or distribute, at wholesale or retail, from a fixed place of business within the City of Beaumont any fish, oysters, shrimp, lobsters, crabs, crayfish, turtles, terrapins and clams, in any manner, without first obtaining a license for the sale thereof. Provided, however,that said license shall not be required of any person, firm or corporation selling such marine life outlined above for on -premises consumption." "Sec. 14=16. Application for license. "Every person, before opening, maintaining or operating such an establishment for any of the purposes stated in section 14-15, 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 under oath 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." "Sec. 14-17. Classes of licenses, fees, term. "(a) There shall be two classes of licenses for establish- ments named in section 14-15, issued by the health authority, as follows: (1) Upon proper application, and after applicant has complied with the provisions contained in section 14-18 hereof, the health authority shall issue to any person what shall be known as a fish wholesaler's license, upon payment by the person to the health authority of a license fee of ten dollars for each establish- ment to be operated by applicant, payable in advance, 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 such deliveries are made in pursuance to 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 14-18, the health authority shall issue to any person what shall be known as a fish retailer's license, upon payment by the person to the health authority of a license fee of five dollars for each establishment maintained by such applicant, in advance; provided, however, • c1. I fCd itj').' under the terms of such license, the person shall not be allowed to peddle from store to store or from house to house, or upon the streets of the city, but his sales must be made directly, either by delivery upon a previously executed order, or directly from his place of business. (b) The licenses provided in section 14-15 shall be for the period of the calendar year, regardless of the date of issuance or unless sooner revoked." "Sec. 14-18. Inspection, prior to issuance. "After filing such application for a license, it shall be the duty of the health authority of the city to make an inspection of the premises in which the applicant desires to conduct his establishment, and no license shall be issued to such person unless the building in which the business is to be conducted is constructed in accordance with the building code of the city, and contains floors of concrete connected with floor drains;, so that the same may be easily cleaned. Such premises shall be properly ventilated, and the walls of such premises, and the benches, tables, and other furniture therein built and constructed in such manner that they can be easily kept clean. Such premises shall contain sufficient and adequate refrigeration, and all plumbing and plumbing fixtures shall comply with the plumbing code of the city, and such premises shall be equipped with sanitary toilets as required by the laws of the state. Such premises shall be equipped with wash basins, with individual or paper towels available in such toilets, and dirty unused clothing shall not be permitted to be stored or kept in any room in such premises where such marine products are cleaned, stored, packed, prepared for or offered for sale.t1 -10- "Sec. 14-19. Adoption by reference. "The definitions, the requiring of permits for the installation and operation of vending machines; the prohibiting of the sale of adulterated or misbranded food or drink; and the enforcement of this ordinance shall be regulated in accordance with the terms of the unabridged form of 'The Vending of Food and Beverages—A Sanitation Ordinance and Code -1965 Recommendations of the Public Health Service', a copy of which shall be on file in the office of the municipal clerk of the City of Beaumont. "Provided, that the words 'municipality of ' in said unabridged form shall be understood to refer to the City of Beaumont, Texas. 91Provided further, that Sections X, XI and XII of said unabridged ordinance shall be deleted." "Sec. 14-20. Fee. 1PUpon approval of the application of all applicants by the health authority, the health authority shall issue to the applicant a license or permit. "The amount of the license fee for applicants shall be ten dollars per location per year." "Sec. 14-21. Payment dates. "The annual license fee, of ten dollars per location shall be chargeable on all licenses issued after the first day of January up to and including the thirty-first day of July of each year, and one-half the annual fee for licenses issued after the first day of August and through the thirty-first day of December of each year; all licenses shall expire on the thirty-first day of December of each year." 2. 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. -11- 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 in no wise affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. 4. That all ordinances and parts of ordinances in conflict herewith are hereby repealed. PASSED by the City Council this the day of J/4�� 1972. -12- - Mayor - VLN/im/8/16/72 ORDINANCE NO. '%— 6 3 ENTITLED AN ORDINANCE REPEALING CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, TEXAS, AND ENACTING A NEW CHAPTER 14 DEFINING FOOD, POTENTIALLY HAZARDOUS FOOD, ADULTERATED, MISBRANDED, FOOD SERVICE ESTABLISHMENT, TEMPORARY FOOD SERVICE ESTABLISHMENT, HEALTH AUTHORITY, UTENSILS, EQUIP- MENT; PROVIDING FOR THE SALE OF ONLY UNADULTERATED WHOLESOME, PROPERLY BRANDED FOOD; REGULATING THE SOURCE OF FOOD; ESTABLISHING SANITATION STANDARDS, FOOD PROTECTION, FOOD SERVICE PERSONNEL, FOOD SERVICE OPERATIONS, FOOD EQUIPMENT, AND UTENSILS, SANITARY FACILITIES AND CONTROLS AND OTHER FACILITIES; REQUIRING PERMITS FOR THE OPERATION OF FOOD SERVICE ESTABLISHMENTS; REGULATING THE INSPECTION OF SUCH ESTABLISHMENTS; PROVIDING FOR THE EXAMINATION AND CONDEMNATION OF FOOD; PROVIDING FOR INCORPORATION BY REFERENCE OF THE 1962 EDITION OF THE UNITED STATES PUBLIC HEALTH SERVICE FOOD SERVICE SANITATION ORDINANCE AND CODE (PART V); REGULATING THE SALE OF .FOOD AND BEVERAGES THROUGH VENDING MACHINES; DEFINING VENDING MACHINES, OPERATOR, HEALTH AUTHORITY, AND OTHER TERMS; REQUIRING'PERMITS FOR THE INSTALLATION AND OPERATION OF VENDING MACHINES; PROHIBITING THE SALE OF, OR POSSESSION WITH INTENT TO SELL THROUGH VENDING MACHINES, ADULTERATED'OR MISBRANDED FOOD OR DRINKS; REGULATING MAINTENANCE AND OPERATION OF VENDING MACHINES; AUTHORIZING OFFICIAL INSPECTION OF VENDING MACHINES AND OPERATIONS CONNECTED THERE- WITH; PROHIBITING SALE ON THE STREETS OF CERTAIN ITEMS AND VEHICLE CONSTRUCTION FOR SALE ON THE STREETS; REGULATING THE SALE OF SEAFOODS; PROVIDING FOR HEALTH REGISTRATION CARDS; PROVIDING FOR FEES FOR CERTAIN FOOD SERVICE ESTABLISHMENTS; REGULATING FRUIT AND VEGETABLE WHOLESALERS; PROVIDING FOR FEES FOR VENDING MACHINES; PROVIDING A PENALTY; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: Section 1. Chapter 14 of the Code of Ordinances of the City of Beaumont is hereby repealed and a new Chapter 14 is hereby enacted, said new Chapter 14 of the Code of Ordinances of the City of Beaumont shall read as follows: "CHAPTER 14 "FOOD AND FOOD HANDLING ESTABLISHMENT L _& / ---, lq- "Sec. 14-1. Adoption by reference. "The definitions, the inspection of food service establishments; issuance, suspension and revocation of permits to operate food service establishments; the prohibition of the sale of adulterated or misbranded foods or drinks; and the enforcement of this ordinance shall be regulated in accordance with the unabridged form of the 1962 edition of the 'United States Public Health Service Food Service Sanitation Ordinance and Code', a copy of which shall be on file in the office of the Municipal Clerk of the City of Beaumont; provided, however, that the words 'Municipality of ' in said unabridged form shall be understood to refer to the City of Beaumont, Texas; provided further, that subsections H. 6., H. 7., H. 8., H. 9., shall be understood to be deleted." 11Sec. 14-2. Food Peddlers" —Sale on Streets of Certain Items Pro i ite . "It shall be unlawful for any person to peddle, sell, or offer for sale, ice cream, sherbet, flavored ices, lemonade drinks served by the glass, hot tamales, enchiladas, red hots, weiners, sausages, hamburgers, fresh and salt water fish and all other marine life, sandwiches or any other similar food products easily contaminated by dust, dirt or flies, along or upon any public street, sidewalk, alley or other public place in the city." "Sec. 14-3. Vehicle construction. "All vehicles or conveyances used for distributing or delivering fruit or vegetables must be so constructed as to protect such fruit or vegetables from flies, dirt, dust or other filth." "Sec. 14-4. Bread, etc. "It shall be unlawful for any person to keep, sell or offer for sale, or display outside of any premises in the city -2- or in any street or public place any bread stuff, cake, pastry, dried, sliced or preserved fruits, candies, confectionery or other perishable food products, except those that are to be peeled, pared or cooked, before consumption, unless they shall be kept so covered as to protect them from flies." "Sec. 14-5 Seafood—Waters from which taken, regulations. "It shall be unlawful to sell or offer for sale, within the corporate limits of the city, any fish, oysters, shrimp, lobsters, crabs, terrapins, turtles, crayfish and clams, which, if taken from the waters under the jurisdiction of the state, have not been approved by the state department of health under the regulations and permit of such department, both as to preparation and packing for shipment and shipment, or if such marine products are taken from the waters under the jurisdiction of any other state, it shall be unlawful to sell or offer for sale within the limits of the city, any fish, oysters, shrimp, lobsters, crabs, turtles, terrapins, crayfish and clams, which have not been taken from the waters under the jurisdiction of the state and approved by the proper authorities of the state, and under the regulations and permit of the state authorities, and of the United States public health service, both as to preparation and packing for shipment and shipment; and in so selling and offering for sale such marine products, it must be indicated either by certificate or otherwise from such state authorities that such marine products were taken from the waters and packed and shipped as approved and required by such regulations." "Sec. 14-6. Refrigeration. "The food commodities named in section 14-5 shallbe kept in adequate refrigeration equipment at not greater than forty degrees Fahrenheit, and when such commodities are sold, IM12 either at wholesale or retail, and the delivery thereof not made at the time of sale, the same shall be delivered in a sanitary manner, and shall be at a temperature not greater than fifty degrees Fahrenheit at the point of delivery." "Sec. 14-7. Adulteration of oysters.. "It shall be unlawful for any person to adulterate oysters, within the terms of this chapter, by adding thereto ice,, water, sodium sulphate or any other preservative for.the purpose of increasing the quantity of or preserving such oysters." "Sec. 14-8. Health registration card for employees. "It shall be unlawful for any person to prepare, serve or in any way handle foodstuffs intended or suited for human consumption or to employ any person in the business of preparing, serving or in any way handling foodstuffs intended for human consumption, including dishes, cutlery, and containers used for the handling and serving of food without a health registration card obtained from the city health department showing that such person has met the requirements of the laws of the state and the local ordinances governing food handlers and has a valid health certificate on file in the office of the city health department; provided, this section shall not prevent an individual preparing foodstuffs and beverages for his own consumption or for the exclusive use or consumption .of his own family. "Before any person shall be issued a health registration card, he shall be examined by a physician licensed to practice in the State of Texas and he shall submit to such examinations, laboratory tests, and x-rays as may be necessary to determine if the individual examined is free of any transmissible condition of any contagious or communicable disease. This shall include but is not necessarily limited to a standard serological -4- test for syphilis, performed in a laboratory approved by the Texas State Department of Health and an x-ray for tuberculosis of the chest or standard skin test for tuberculosis; followed by an x-ray, if positive, both to be performed within thirty (30) days of the application. However said x-rays as provided for herein shall not be required in any instance in which the health authority or any licensed physician feels said x-ray is not necessary or is dangerous to the health and safety of the applicant. If such person examined is found to be free of any transmissible condition of any contagious or communicable disease such individual shall be issued a health registration card, a charge of two dollars and fifty cents ($2.50) being made therefor, all placed in the files of the city health department bearing the same number as .the health registration card issued to such individual. This card may be revoked when in the opinion of the health authority the holder is suspected to have a contagious or communicable disease or of being a carrier of such, and the health authority reserves the right to make such other examinations, tests, etc. at any time that may be necessary. This registration card and health certificate shall be valid for a period of twelve (12) months unless cancelled by the health authority as provided by this chapter. A duplicate health card maybe obtained for an additional charge of one dollar ($1.00).1° "Sec. 14-9. Fees. "Upon approval of the application of all applicants, as filed with the health authority, the health authority shall issue to the applicant a license or permit. "The amount of the license for applicants, other than tax supported public schools and parochial schools, shall be -5- determined as follows: (1) In establishments having from one to ten stools or chairs ............... $ 10.00 (2) In establishments having from eleven to twenty stools or chairs ............ $ 15.00 (3) In establishments having from twenty-one to thirty stools or chairs ................................ $ 20.00 (4) In establishments having from thirty-one to fifty stools or chairs ................................ $ 25.00 (5) In establishments having over fifty stools or chairs ...................... $ 30.00 (6) In establishments having no stools or chairs ............................. $ 10.00 (7) Temporary establishment ............... $ 10.00 "Sec. 14-10. Payment dates. "The annual license fee shall be chargeable on all licenses issued after the first day of January up to and including the thirty-first day of July of each year, and one-half the annual fee for license issued after the first day of August and through the thirty-first day of December of each year; all licenses shall expire on the -thirty-first day of December of each year." 11Sec. 14-11. Fruit and vegetable wholesalers --Application. "Every person before opening, maintaining or operating an establishment for sale at wholesale of fruits and vegetables, or for the wholesale distribution thereof, shall make application for license for such business upon a blank to be furnished by the health authority of this city, 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 and location thereof. (4) Method of distribution to be used. M "Sec. 14-12. Inspection, prior to issuance. 19After filing such application for a license, it shall be the duty of the health authority of the city to make an in- spection of the premises in which the applicant desires to con- duct his establishment, and no license shall be issued to such person unless the building in which the business is to be con- ducted is constructed in accordance with the building code of the city, and contains floors of concrete connected with floor drains, so that the same may be easily cleaned. Such premises shall be properly ventilated, and the walls of such premises, and the benches, tables, and other furniture therein built and constructed in such manner that they can be easily kept clean. Such premises shall contain sufficient and adequate refrigeration, and all plumbing and plumbing fixtures shall comply with the plumbing code of the city, and such premises shall be equipped with sanitary toilets as required by the laws of the state. Such premises shall be equipped with wash basins, with individual or paper towels available in such toilets, and dirty unused clothing shall not be permitted to be stored or kept in any room in such premises where such fruit and vegetable products are cleaned, stored, packed, prepared for or offered for sale." "Sec. 14-13. Fee, issuance, transferability, proration. "Upon filing of such application to sell fruits or vegetables at wholesale, satisfactory inspection of the premises and paying the health authority.a license fee of fifty dollars, the health authority shall issue a license to the applicant to operate such establishment for and during the current year for which such license is issued, which license shall not be transferred. In case such license 'is issued for only a remain- ing portion of such year, the fee charged shall be proportionately reduced; provided, however, the minimum fee to be paid hereunder shall be the sum of twenty-five dollars." -7- "Sec. 14-14. Display. 1°Each person required to pay for a license hereunder shall keep such license displayed in a conspicuous place in each establishment operated. Such person shall procure copies of such license for each establishment so operated, and the health authority is hereby directed to furnish the same without additional cost to 'the applicant." "Sec. 14-15. Seafoods—Fixed place of business, license required. "It shall be unlawful for any person to sell or offer for sale, or distribute, at wholesale or retail, from a fixed place of business within the City of Beaumont any fish, oysters, shrimp, lobsters, crabs, crayfish, turtles, terrapins and clams, in any manner, without first obtaining a license for the sale thereof. Provided, however,that said license shall not be required of any person, firm or corporation selling.such marine life outlined above for on -premises consumption." "Sec. 14-16. Application for license. "Every person, before opening, maintaining or operating such an establishment for any of the purposes stated in section 14-15, 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 under oath 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. me (6) Name under which it is to be operated." "Sec. 14-17. Classes of licenses, fees, term. "(a) There shall be two classes of licenses for establish - mems named in section 14-15, issued by the health authority, as follows: (1) Upon proper application, and after applicant has complied with the provisions contained in section 14-18 hereof, the health authority shall issue to any person what shall be known as a fish wholesaler's license, upon payment by the person to the health authority of a license fee of ten dollars for each establish- ment to be operated by applicant, payable in advance, 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 such deliveries are made in pursuance to 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 14=18, the health authority shall issue to any person what shall be known as a fish retailer's license, upon payment by the person to the health authority of a license fee of five dollars for each establishment maintained by such applicant, in advance; provided, however, M under the terms of such license, the person shall not be allowed to peddle from store to store or from house to house, or upon the streets of the city, but his sales must be made directly, either by delivery upon a previously executed order, or directly from his place of business. (b) The licenses provided in section 14-15 shall be` for the period of the calendar year, regardless of the date of issuance or unless sooner revoked." "Sec. 14-18. Inspection, prior to issuance. "After filing such application for a license, it shall be the duty of the health authority of the city to make an inspection of the premises in which the applicant desires to conduct his establishment, and no license shall be issued to such person unless the building in which the business is to be conducted is constructed in accordance with the building code of the city, and contains floors of concrete connected with floor drains., so that the same may be easily cleaned. Such premises shall be properly ventilated, and the walls of such premises, and the benches, tables, and other furniture therein built and constructed in such manner that they can be easily kept clean. Such premises shall contain sufficient and adequate refrigeration, and all plumbing and plumbing fixtures shall comply with.the plumbing code of the city, and such premises shall be equipped with sanitary toilets as required by the laws of the state. Such -premises shall be equipped with wash basins, with individual or paper towels available in such toilets, and dirty unused clothing shall not be permitted to be stored or kept in any room in such premises where such marine products are cleaned, stored, packed, prepared for.or offered for sale.P1 -10- "Sec. 14-1'9. Adoption by reference. "The definitions, the requiring of permits for the installation and operation of vending machines; the prohibiting of the sale of adulterated or misbranded food or drink; and the enforcement of this ordinance shall be regulated in accordance with the terms of the unabridged form of 'The Vending of Food and Beverages—A Sanitation Ordinance and Code -1965 Recommendations of the Public Health Service', a copy of which shall be on file in the office of the municipal clerk of the City of Beaumont. "Provided, that the words 'municipality of ' in said unabridged form shall be understood to refer to the City of Beaumont, Texas. 01Provided further, that Sections X, XI and XII of said unabridged ordinance shall be deleted." "Sec. 14-20. Fee. 17Upon approval of the application of all applicants by the health authority, the health authority shall issue to the applicant a license or permit. "The amount of the license fee for applicants shall be ten dollars per location per year." "Sec. 14-21. Payment dates. "The annual license fee of ten dollars per location shall be chargeable on all licenses issued after the first day of January up to and including the thirty-first day of July of each year, and one-half the annual fee for licenses issued after the first day of August and through the thirty-first day of December of each year; all licenses shall expire on the thirty-first day of December of each year." 2. 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. -11- 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 in no wise affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. 4. That all ordinances and parts of ordinances in conflict herewith are hereby repealed. PASSED by the City Council this the day of/) 1972. -12- - Mayor -