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HomeMy WebLinkAboutORD 2003-41 - Food Sanitation Regulations.#i§ lel 1! Iii AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING CHAPTER 8.12 OF THE GEORGETOWN MUNICIPAL CODE RELATING TO "FOOD SANITATION REGULATIONS" MAKING COMPREHENSIVE REVISIONS TO THAT CHAPTER; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Williamson County and Cities Health District (the "Health District") is the agency designated to issue permits and inspect all food establishments within the City of Georgetown, Texas (the "City"); and WHEREAS, the Health District represents several municipalities with different regulations relating to food sanitation; WHEREAS, the Health District has requested that the City amend its ordinance pertaining to food sanitation to establish consistent regulations across its district; and WHEREAS, the City Council of the City of Georgetown, Texas, finds that it is in the public interest to make the changes in the food sanitation regulations as requested by the Health District. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT. SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements Health and Human Services Policy 8.0 of the Century Plan — Policy Plan Element which states, "Comprehensive, affordable health and human services are available through public and private organizations," and is not found to be inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan; SECTION 2. The existing Chapter 8.12 of the Code of Ordinances of the City of Georgetown is hereby repealed in its entirety. Ordinance No. A003- 41 Revision to Food Sanitation Regulations Georgetown Municipal Code Page 1 of 10 SECTION 3. There hereby adopted a new Chapter 8.12 "Food Sanitation Regulations" of the City Code of the City of Georgetown, Texas, which new Chapter 8.12 is attached hereto as Exhibit "A," and which exhibit is incorporated herein by reference as if set forth in full. SECTION 4. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 5. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in ten (10) days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the; e eday of June, 2003, PASSED AND APPROVED on Second Reading on the 9/'day of July, 2003 ATTEST: City Secretary APPROVED AS TO FORM: E. Carls City Attorney Ordinance No. C2005 44 Revision to Food Sanitation Regulations Georgetown Municipal Code Page 2 of 10 THE CITY OF GEORGETOWN: y: VARY NELON EXHIBIT "A" CHAPTER 8.12. FOOD SANITATION Sec. 8.12.010. Title. This chapter shall be referred to as the "Food Sanitation Ordinance." Sec. 8.12.020. Definitions. The City of Georgetown adopts by reference the provisions of the current rules or rules as amended by the Texas Board of Health found in 25 Texas Administrative Code, Chapter 229, Sections 161 through 171 and 173 through 175 regarding the regulation of food establishment in this jurisdiction. Terms defined in the Texas Food Establishment Rules issued by the Texas Department of Health and codified in Chapter 229 of 25 Texas Administrative Code have the same meaning in this chapter unless defined below. The following definitions are applicable in the interpretation and enforcement of this chapter: "Authorized agent or employee" means the designated employees of the regulatory authority. "Business day" means Monday through Friday except for federal, state and local holidays or other posted closings. "City" means the City of Georgetown. "City Council" means the Georgetown City Council. "Food establishment" means an operation that stores, prepares, packages, serves or otherwise provides food for human consumption such as a: food service establishment, retail food store, catering operation, institution, temporary food establishment, mobile food unit, and/or a roadside food vendor. "Food handler" means any person in a food establishment who handles food or drink during preparation or serving, or who comes in contact with any eating or cooking utensils, or who is employed in an area where food or drink is prepared, served, transferred, stored, packed, sold, or otherwise handled. "Health District" means the Williamson County and Cities Health District (WCCHD). EXHIBIT "A" to Ordinance No. cRO Q 3 .41 Revision to Food Sanitation Regulations Georgetown Municipal Code Page 3 of 10 "Health Official" means the authorized representative of the Williamson County and Cities Health District. "Hearing Officer" means the Director of WCCHD or his/her designee. This individual is responsible for arranging the hearing date, time and place. He/She will also arrange for individual(s) who will hear the appeal. "Regulatory authority" means the WCCHD. "State laws and rules" means the state laws and rules adopted under state law governing food service establishments, retail food stores, mobile food units, and roadside food vendors. Current state laws are found in Chapter 437 of the Texas Health and Safety Code and state rules are found at 25 Texas Administrative Code Chapter 229, Sections 161 through 171 and Sections 173 through 175. "Temporary food establishment" means a food establishment that operates for a temporary period of no less than two (2) consecutive days and no more than 14 consecutive days in conjunction with special event or celebration. Sec. 8.12.030 Permit Required — Application. A. A person may not operate a food establishment without a permit issued by the WCCHD. A person desiring to operate a food establishment must make a written application for a permit on forms provided by WCCHD. The application must contain the name and address of each applicant, the location and type of the proposed food establishment and the applicable fee. An incomplete application will not be accepted. Failure to provide all required information, or falsifying information required may result in denial or revocation of the permit. Renewals of permits are required on an annual basis and the same information is required for a renewal permit as for an initial permit. B. Prior to the approval of an initial permit or renewal of an existing permit, WCCHD shall inspect the proposed establishment to determine compliance with state law and rules. A food establishment that does not comply with state laws and rules may be denied a permit or the renewal of a permit. C. Permits are not transferable from one person to another or from one location to another, except as otherwise permitted by this chapter. A valid permit must be posted in or on every food establishment regulated by this ordinance. All permits expire on December 31 each year. D. The applicant for the permit may appeal the denial of a permit by submitting a request for a hearing in writing to the hearing officer within five (5) business days of denial of the permit. The establishment shall remain closed until the EXHIBIT "A" to Ordinance No. 2003 _4 Revision to Food Sanitation Regulations Georgetown Municipal Code Page 4 of 10 corrections are made to bring the establishment into compliance or until a decision is made on an appeal. See. 8.12.040. Permit Required — Fees. If an initial application for a permit or a renewal permit is approved, the applicant shall pay an applicable fee according to the following schedule: FOOD ESTABLISHMENT PERMIT FEES: NO, OF EMPLOYEES FEES 1-15 $150 16-30 $250 31+ $300 '/2 of application fee due after June 30 CHANGE OF NAME/OWNERSHIP: $25.00 ESTABLISHMENT PLAN REVIEW: Actual plan review and 2 pre -opening inspections $125 Each additional pre -opening inspection $ 60 FOLLOW-UP INSPECTION FEES; $75 — each additional follow-up increases by $25 and is cumulative PERMIT REINSTATEMENT FEE AFTER SUSPENSION SEASONAL PERMITS — valid for 6 months - $60.00 MOBILE FOOD UNITS: 1St UNIT $100 ADDITIONAL $ 75 DAYCARES: LICENSED NO. OF CHILDREN FEES 13-40 $ 90 41-100 $120 101+ $150 SANITATION INSPECTION: $100 Includes child care centers with fewer than 13 children, child care centers with more than 12 children but no food preparation, foster/adoptive homes -- $60 FOOD HANDLER CLASSES: $10.00 — 1 year card (all new employees & Train the Trainer) EXHIBIT "A" to Ordinance No. Q00 3 w 141 Revision to Food Sanitation Regulations Georgetown Municipal Code Page 5 of 10 $15.00 — 2 year card REMOTE CLASS, new establishments: $50.00 + card fee per person (between 9 am and 4 pm Monday through Friday, minimum 50 students) TRAIN THE TRAINER CLASS: $25.00 TRAIN THE TRAINER VIDEO: $25.00 Sec. 8.12.050. Review of Plans. A. Whenever a food establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a food establishment, properly prepared plans and specifications for such construction, remodeling or conversion shall be submitted to WCCHD for review before work is begun. Extensive remodeling means that 20% or greater of the area of the food establishment is to be remodeled. The plans and specifications shall indicate the proposed layout, equipment arrangement, mechanical plans and construction of materials of work areas, and the type and model of proposed fixed equipment and facilities. The plans and specifications will be approved by WCCHD if they meet the requirements of the rules adopted by this ordinance. The approved plans and specifications must be followed in construction, remodeling or conversion. B. Failure to follow the approved plans and specifications may result in a permit denial, suspension, or revocation. Sec. 8.12.060. Inspection — Food establishments. A. Food establishments shall be inspected a determined number of times during a calendar year according to risk factors set by the TDH. High-risk establishments, that prepare and serve potentially hazardous food and/or serve a highly susceptible population, shall be inspected a minimum of four (4) times a calendar year. Establishments that serve only prepackaged, non -potentially hazardous food shall be inspected a minimum of two (2) times a calendar year. B. A Certificate of Grade indicating satisfactory compliance with state laws and regulations shall be posted on the front door or window of a food establishment in clear view to the public following the initial inspection or a satisfactory inspection. C. Additional inspections of food establishments shall be performed as deemed necessary to protect against public health hazards or nuisances. Additional fees are charged to the establishment for these visits. Visits associated with EXHIBIT "A" to Ordinance No. cRQ _41 Revision to Food Sanitation Regulations Georgetown Municipal Code Page 6 of 10 unsubstantiated complaints received by this office will not require an additional fee. D. Following are guidelines for enforcement of these rules in an establishment that earns more than thirty (30) demerits on multiple inspections during a twelve (12) month period: • First failure — "UNSATISFACTORY" placard shall be posted on front door or window and shall not be covered from sight, defiled, or removed until an inspection is performed earning thirty (30) or fewer demerits. The follow-up inspection will occur within (two) working days of the failed inspection. o Second failure within twelve (12) months of first failure — "UNSATISFACTORY" placard shall remain/be posted on front door or window and s hall n of b e c overed from s ight, d efiled, o r r emoved u ntil an inspection is performed earning thirty (30) or fewer demerits. The permit shall be suspended and the operations of the establishment shall cease immediately. The establishment shall remain closed for a minimum of 48 hours and fulfill the following requirements before reopening: 1. The management of the establishment must meet with and submit a written plan of action to the Director of the Environmental Division or his appointee. The plan of action shall address critical violations of the previously failed inspections. 2. A reinstatement fee of $100 will be paid to the WCCHD Environmental Division located at 303 Main, Georgetown, TX, 78626, 3. A follow-up inspection will be conducted within one working day of fulfillment of the requirements listed under 1 and 2 above. 4. The establishment shall be placed on a thirty (30) day inspection schedule until two (2) consecutive inspections result in a score of thirty (30) or fewer demerits. • Third failure within twelve (12) months of first failure — "UNSATISFACTORY" placard shall remain/be posted on front door or window and shall not be covered from sight, defiled, or removed. The person in charge shall be notified in writing of the intent of WCCHD to permanently revoke their permit. Section 8.12.070. Suspension of a Permit. A. WCCHD may, without warning, notice, or hearing suspend any permit to operate a food establishment if the operation of the food establishment constitutes an EXHIBIT "A" to Ordinance No. ca 003 - 41 Revision to Food Sanitation Regulations Georgetown Municipal Code Page 7 of 10 imminent hazard to public health. Suspension is effective upon service of the notice in writing to the person in charge. When a pennit is suspended, food operations shall immediately cease. Whenever a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing within five (5) business days of a request for a hearing. B. Whenever a permit is suspended, the holder of the permit or the person in charge shall be notified in writing that the permit 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 hearing officer by the holder of the permit within five (5) business days. C. If no written request for hearing is filed within five (5) business days, the suspension is sustained. WCCHD may end the suspension at any time if reasons for suspension no longer exist as determined by a follow-up inspection. Sec. 8.12.080. Revocation of a Permit. A. WCCHD may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the regulatory authority in the performance of its duties. Prior to revocation, the health officer shall notify the holder of the permit or the person in charge, in writing, of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of the five (5) business days following service of such notice unless a written request for a hearing is filed with WCCHD by the holder of the permit within such five (5) day period. B. If no written request for hearing is filed within the five (5) day period, the revocation of the permit becomes final. Sec. 8.12.090. Registration of food handlers. It shall hereafter be unlawful for any person operating any food establishment, to work o r employ a food h andler until s uch f ood h andler h as received a food handler's registration certificate from the WCCHD that is valid during the time of such employment. Sec. 8.12.100. Issuance of registration certificates. WCCHD shall issue food handler's registration cards to food handlers who attend a food handler's class offered throughout the county, or who satisfactorily pass a test upon completion of a class from a "trainer" that became certified through this office. EXHIBIT "A" to Ordinance No, A 0 0 !i - 41 Revision to Food Sanitation Regulations Georgetown Municipal Code Page 8 of 10 I ell imminent hazard to public health. Suspension is effective upon service of the notice in writing to the person in charge. When a pennit is suspended, food operations shall immediately cease. Whenever a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing within five (5) business days of a request for a hearing. B. Whenever a permit is suspended, the holder of the permit or the person in charge shall be notified in writing that the permit 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 hearing officer by the holder of the permit within five (5) business days. C. If no written request for hearing is filed within five (5) business days, the suspension is sustained. WCCHD may end the suspension at any time if reasons for suspension no longer exist as determined by a follow-up inspection. Sec. 8.12.080. Revocation of a Permit. A. WCCHD may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the regulatory authority in the performance of its duties. Prior to revocation, the health officer shall notify the holder of the permit or the person in charge, in writing, of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of the five (5) business days following service of such notice unless a written request for a hearing is filed with WCCHD by the holder of the permit within such five (5) day period. B. If no written request for hearing is filed within the five (5) day period, the revocation of the permit becomes final. Sec. 8.12.090. Registration of food handlers. It shall hereafter be unlawful for any person operating any food establishment, to work o r employ a food h andler until s uch f ood h andler h as received a food handler's registration certificate from the WCCHD that is valid during the time of such employment. Sec. 8.12.100. Issuance of registration certificates. WCCHD shall issue food handler's registration cards to food handlers who attend a food handler's class offered throughout the county, or who satisfactorily pass a test upon completion of a class from a "trainer" that became certified through this office. EXHIBIT "A" to Ordinance No, A 0 0 !i - 41 Revision to Food Sanitation Regulations Georgetown Municipal Code Page 8 of 10 Sec. 8.12.110. Education and examination of applicant. A. No food handler's registration card shall be issued by WCCHD to any person required by law or by this article to have or exhibit such card until the applicant shall have met the following requirements: 1. Complete a class in basic food sanitation. The schedule, time and location of class sites will be announced by the Director, Environmental Division, WCCHD. The primary emphasis of this orientation will be directed toward the food workers' sanitation practices and behavior when working in a food establishment. It will be the responsibility of the person in charge of the food establishment to ensure that safe food practices are in use at all times. 2. Complete a "train the trainer" class. Food establishments who wish to train their own food handlers may do so after meeting the following conditions: ® A food establishment employee must complete a two (2) hour "train the trainer" class. They may then train their own employees on site and administer the test supplied by WCCHD to their employees, or • A food establishment employee who is certified to TEACH the Texas state certified Food Protection Management class must submit an outline of the class they will be teaching and a copy of the test to be given the employees after the class is completed at their site. WCCHD reserves the right to suspend this option as a method for obtaining food handler cards. B. Display of food handler cards — Upon completion of the prescribed orientation and the necessary administrative processing, each individual will be issued a food handler's card that will be posted at the place of employment in a location readily accessible to the health official for verification. C. Managers and supervisory personnel — Managers, assistant managers, and shift supervisors who have completed the Texas state certified Food Protection Managers course will not be required to obtain a food handler's card from WCCHD, but must post their certification from the state with the employee's cards. Sec. 8.12.120. Food handler's registration certificate — Issuance — Effective period. EXHIBIT "A" to Ordinance No. c` 003 � 41 Revision to Food Sanitation Regulations Georgetown Municipal Code Page 9 of 10 After the requirements set forth in Section 8.12.110 have been accomplished, the applicant shall thereupon be issued a food handler's registration certificate by WCCHD, which shall be valid for the time period stipulated on the certificate. Sec. 8.12.130. Enforcement. This chapter shall be enforced by the Health Official in accordance with the "Texas Food Establishment Rules," Texas Department of Health. Sec. 8.12.140. Violation — Penalty. A person who operates a food service establishment, retail food store, mobile food unit, or roadside food vendor without a permit commits a Class C misdemeanor. In addition, whoever does not comply with the terms of this Ordinance, may be fined not more than $2,000 Dollars per day per violation, or in such other amount as may be authorized under Section 54.001 of the Texas Local Government Code or other applicable law. It shall not be necessary for the complaint to allege or to prove that the act or omission was knowingly done or omitted. EXHIBIT "A" to Ordinance No. Q003.41 Revision to Food Sanitation Regulations Georgetown Municipal Code Page 10 of 10