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Beaumont is hereby repealed and a new Chapter 14 is hereby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
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"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
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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
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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."
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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
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"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.
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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.
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- 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.
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"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."
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"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
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"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.
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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.
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- Mayor -