HomeMy WebLinkAboutORD 91-6 ORDINANCE NO.
ENTITLED AN AN ORDINANCE AMENDING CHAPTER 11 OF THE
CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO
AMEND THE REGULATIONS CONCERNING FOOD SERVICE
MANAGER'S CERTIFICATION; CHANGING THE DEFINITION
OF "REGULATORY AUTHORITY;" PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING
A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 11, Sections 11-1.1(.002) and 11-111 are hereby amended to change
the definition of the term "Regulatory Authority" to read as follows:
"Regulatory Authority: The term "regulatory authority" shall mean the
City of Beaumont's Public Safety Director or his designee."
Section 2.
That Sections 11-84, 11-85 and 11-87(d) of Chapter 11 of the Code of Ordinances
of the City of Beaumont be and the same are amended to read as follows:
"Section 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 Health Food Service 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 Health and/or the U.S. Food and Drug
Administration to be content valid and legally reliable; or
"(c) Provides an associate's or bachelor's degree, or the equivalent,
awarded within the past three (3) years, in restaurant or hotel and
restaurant management from an accredited college or university.
"Section 11-85. Term of Certification.
"A food service manager's certificate shall be valid for three (3) years
from the date of issuance. The expiration date will be written on each
certificate issued. The term may be less than three (3) years for an
individual who was certified by another agency or organization as
provided for in Section 11-84. No certificate shall be transferable from
one person to another person.
"Section 11-87. Revocation of a Food Manager's Certificate.
"(d) The hearing provided for in this article shall be conducted by the
regulatory authority at a time and place designated by the regulatory
authority. After completion of the hearing, the officer designated by
the regulatory authority to conduct the hearing shall make written
findings as to whether or not the certificate is to be revoked. If the
hearing officer revokes the certificate,written notice of such revocation
shall be served on the food service manager and the owner of the
establishment with a copy of the findings. Upon receiving written
notice that the food service manager's certificate has been revoked, the
food service manager shall surrender the certificate to the regulatory
authority.
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"If the food service manager fails to appear at the hearing at the time,
place, and date specified, the City of Beaumont shall present sufficient
evidence to establish a prima facie case showing that an act or acts
have been committed which constitute grounds for revocation of the
certificate.
"In the event a certificate is revoked, the City of Beaumont shall not
be liable for any refund of any part of the fee paid for the certificate.
"A person whose food service manager's certificate has been revoked,
shall not be granted a new certificate until such person has attended
a course of training and passed the required examination subsequent
to the revocation, and met all requirements of an initial applicant.
"Food service managers certificates remain the property of the City of
Beaumont Environmental Health Division and must be surrendered to
the regulatory authority to be voided when the permit has been
revoked."
Section 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 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 4.
All ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
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Section 5.
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 16.?4 day
of , 1991.
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