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HomeMy WebLinkAboutORD 00-89 ORDINANCE NO. C ENTITLED AN ORDINANCE AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADOPT THE TEXAS DEPARTMENT OF HEALTH BUREAU OF FOOD AND DRUG SAFETY, RETAIL FOODS DIVISION TEXAS FOOD ESTABLISHMENT RULES; ADOPTING LOCAL AMENDMENTS TO SAME AND REPEALING CONFLICTING PROVISIONS; 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: Sec. 11-1. The Texas Department of Health Bureau of Food and Drug Safety, Retail Foods Division, "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 of Beaumont." Section 2. That Section 11-1.1 of Chapter 11 of the Code of Ordinances of the City of Beaumont is hereby adopted to read as follows: Sec. 11-1.1. Same--Amendments The Texas Department of Health Bureau Of Food and Drug Safety, "Texas Food Establishment Rules" are hereby amended as follows: Section 229.162 "Definitions" is hereby amended by adding the following definitions to read as follows: Seasonal food establishment A food service establishment which operates more than fifteen (15) consecutive days but less than one hundred twenty-one (121) GARMWFOOD.ORD consecutive days within a three hundred sixty five (365) day period beginning January 1 of each calendar year. 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) 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. Section. 229.162, "Definitions is further amended by changing the definitions of item (8) child care center, item (33) food service establishment and item (75) regulatory authority to read as follows: (8) Child care center- Any facility licensed by the regulatory authority to receive 6 or more children for child care which prepares food for on-site consumption. (33) Food establishment An operation that stores, prepares, packages, serves, or otherwise provides food for human consumption such as: a food service establishment, retail food store; satellite or catered feeding location; catering operation; if the operation provides food directly to a customer or to a conveyance used to transport people; market; remote catered operations; conveyance used to transport people; institution; or food bank; and that relinquishes possession of food to a consumer directly, or indirectly thorough a service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers. (A) The term includes an element of the operation such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted by the regulatory authority; a restaurant; a grocery store; an operation that is conducted in a mobile, stationary, temporary , or permanent facility or location; group residence; outdoor outfitters; bed and breakfast extended and bed and breakfast food establishments; where consumption is on or off the premises; and regardless of whether there is a charge for the food. (B) The term does not include: an establishment that offers only prepackaged foods that are not potentially hazardous; a produce stand that only offers whole, uncut fresh fruits and vegetables, a food processing plant; a kitchen in a private home or a non profit organization if only food that is not potentially hazardous is prepared for sale or service at a function, such as a religious or charitable organizations bake sale; a Bed and Breakfast Limited facility as defined in these rules; or a private home. 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. - 2 - GARMWTOOD.ORD (75)Regulatory authority-The term regulatory authority shall mean the City of Beaumont's Public Health Director or his/her designee Section 229.166 0)(3) Grease trap is to be amended to read as follows: Section 229.166 0)(3) Grease trap. If used, a grease trap or grease interceptor shall be located to be easily cleanable and shall be located outside the building of a food establishment. Section 229 .171 Compliance and Enforcement; This section is hereby changed to add a new Section 229.171 subsection (f)(1) (2) and 229.171 subsection (g) to read as follows: Section 229.171 (f) Permit requirement, prerequisite for operation (1) It shall be unlawful for any person, firm or corporation to operate a food establishment within the City of Beaumont who does not possess a valid permit or license issued by the regulatory authority. Only a person who complies with the requirements of this ordinance [section] shall be entitled to receive or retain such a permit or license. Permits or licenses shall not be transferable from one person to another person or place. A valid permit or license shall be posted in every food establishment in a place conspicuous to customers. The City of Beaumont will require the following types of food establishments to obtain a separate permit or license: retail food establishments, food service establishments. This includes a food service establishment co-located with a retail food establishment. Permits or licenses for temporary food service establishments shall be issued for a period of time not to exceed fourteen (14) days. A temporary food establishment permit may only be issued to a person, firm or corporation four (4) times per calendar year. There shall be a thirty (30) day time period between each consecutive issuance of such a permit. If the name of the applicant changes but a previous permit holder is working at the site, such applicant will be considered to be the same person, firm or corporation who had previously been issued a temporary food establishment permit hereunder. The purpose of this regulation is to limit a person, firm or corporation to four (4) permits per year notwithstanding in whose name the permits are issued. There is no limit on the number of times that a permit may be issued for temporary food events operating in connection with a festival, involving organized public assembly for entertainment purposes. A festival is defined, for the purposes of this policy, as a public celebration, entertainment or series of performances of a certain kind, often held periodically. - 3 - GARMWTOOD.ORD (2) Issuance of permit or license. (a) Any person desiring to operate a food establishment shall make written application for a permit or license 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 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. (b) Upon receipt of such an application, the regulatory authority shall make an inspection of the proposed food 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 or license shall be issued to the applicant by the regulatory authority. Section 229.171 (g) Conditions of permit retention; This section is to be amended to add items (11) through (15) as follows: (11) Suspension of permit or license (a) Permit or license may be suspended temporarily by the regulatory authority for failure of the holder to comply with the requirements of this ordinance. Whenever a permit or license holder or operator has failed to comply with any notice issued under the provisions of Section 229.171 of this ordinance, the permit or license holder or operator shall be notified in writing that the permit or license is upon service of the notice, immediately suspended 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 or license holder. - 4 - G:1RMIMFOOD.ORD Notwithstanding the other provisions of this ordinance, whenever the regulatory authority finds unsanitary or other conditions in the operation of a food establishment which, in his/her judgment, constitutes an imminent health hazard (such as, but not limited to, complete lack of sanitation, refrigeration, or sewage backup into the establishment), he/she may without warning, notice, or hearing, issue a written notice to the permit, or license 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 or license 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 regulatory 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. (b) Any person whose permit or license has been suspended for any reason other than for imminent health hazards may, at any time, make application for a reinspection for the purpose or reinstatement of the permit or license. 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 or license have been corrected, the regulatory authority shall make a reinspection. If the applicant is complying with the requirements of this ordinance, the permit or license shall be reinstated. If no written request for hearing is filed within ten (10) days, the suspension is sustained. - 5 - G:\RMW\FOOD.ORD (12) Revocation of permit or license. 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 or license 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 or license holder in writing, stating the reasons for which the permit or license is subject to revocation and advising that the permit or license 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 or license holder, within such a five-day period. A permit or license may be suspended for cause pending its revocation or a hearing relative thereto. If no request for hearing is filed within the five-day period, the revocation of the permit or license becomes final. (13) 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 or license holder. A copy of such notice shall be filed with the records of the regulatory authority. (14) 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 hearing. A written report of the hearing decision shall be furnished to the permit or license holder by the regulatory authority. (15) Application after revocation. Whenever a revocation of a permit or license has become final, the holder of the revoked permit or license may make written application for a new permit or license. Section 229.1710) Report of findings. This section is to be amended to add Items (7)(8) (9) to read as follows: (7) Grading of food service establishments. Every food service establishment in the City of Beaumont 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 - 6 - GARMWTOOD.ORD of the most recent inspection of the establishment: Provided that temporary food service establishments and retail food establishments shall not be subject to grading. Immediately following each inspection of a food service establishment, the regulatory authority shall post the appropriate sanitary condition based upon the inspection findings, and shall issue an appropriate notice in accordance with section 229.171 0) of this ordinance. Sanitary conditions of establishments shall be as follows: Superior rating. An establishment whose rating scores were no more than twenty (20) demerits on two consecutive prior inspections and whose rating score on the third inspection is no more than twenty (20) demerits. Above average rating. An establishment having a rating score of no more than twenty (20) demerits. Average rating. An establishment having a rating score of more than twenty (20) demerits but no more than thirty (30) demerits. Section 229.171 (1)(2)(C) This subsection shall be amended to read as follows: (C) When the total cumulative demerit value of an establishment exceeds 30 demerits, the establishment shall initiate immediate corrective action on all identified critical violations and shall initiate corrective action on all other violations within 48 hours. Failure to initiate immediate corrective action by the establishment may result in immediate suspension of the permit or license by the regulatory authority. One or more reinspection shall be conducted at reasonable time intervals to assure correction. Section 229.171(n) Examination and detention of food. This subsection shall be deleted to add a new subsection (n) (1) & (2) to read as follows: (n) 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 - 7 - G:\RMIMFOOD.ORD necessary for enforcement of these rules. A receipt for samples shall be issued by the regulatory authority. The regulatory authority shall, upon written notice to the owner or person in charge specifying the reason thereof, place under detention any food which he/she determines or has probable cause to believe is adulterated or misbranded in accordance with the provisions of the Texas Food, Drug, and Cosmetic Act, Texas Health and Safety Code, Chapter 431. 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 therefor 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 operations 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. Section 229.171 shall be further amended to add a subsection (r) (1) & (2): (r) Review of plans. (1) Submission of plans. Whenever a food 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 - GARMWTOOD.ORD 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 establishment shall be constructed, extensively remodeled, or converted except in accordance with plans and specifications approved by the regulatory authority. (2) Pre-operational inspection. Whenever plans and specifications are required by subsection (229.171)(r) 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. Section 3. That Chapter 11 of the Code of Ordinances of the City of Beaumont, Section 11-3, be and the same is hereby repealed. Section 4. That Chapter 11, Article 11, "Dairy Products," of the Code of Ordinances of the City of Beaumont be and the same is hereby repealed. Section 5. That Chapter 11, Article 111, "Meat and Poultry," of the Code of Ordinances of the City of Beaumont be and the same is hereby repealed. - 9 - GARMWFOOD.ORD Section 6. That Chapter 11, Article V, "Retail Food Store Sanitation Code," Sections 11- 110 to 11-233, of the Code of Ordinances of the City of Beaumont be and the same are hereby repealed. Section 7. 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 8. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 9. 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 the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of ' 2000. - Mayor- - 10 - GARMWTOOD.ORD