HomeMy WebLinkAboutOrd 1652 - health, sanitation and food service
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Ordinance No. 1652
AN ORDINANCE RELATING TO HEAL TH, SANITATION AND FOOD
SERVICE; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST
UNIVERSITY PLACE; PROVIDING FOR A HEALTH AUTHORITY;
CONFIRMING AN INTERGOVERNMENTAL AGREEMENT WITH HARRIS
COUNTY, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1. (a) Code Amendments. The Code of Ordinances of the City of West
University Place, Texas is hereby amended as follows:
(1) Subchapters C and 0 (Sections 10.031 et seq., entitled "Food
Handlers" and "Food Establishments") of Chapter 10 are amended
to read in their entirety as set out in Appendix A, which is attached
and made a part of this ordinance.
(2) Sections 12.101 and 12.103 of the Code of Ordinances (relating to
"Health Authority" and ~Decisions and Appeals") are amended as
set out in Appendix B, which is attached and made apart of this
ordinance.
(b) HealthAuthority. As provided in the amendments to Chapter 12, the Director
of the Harris County Health & Environmental Services department is appointed as the
City's "health authority" under and pursuant to the Texas Health & Safety Code ("H&S
Code"), to serve successive terms of two years, each beginning on October 1 of an
even-numbered calendar year. The first term begins October 1, 2000.
(c) Intergovernmental Agreement. The intergovernmental agreement between
the City and Harris County relating to food establishments, as approved by City Council
motion on August 28,2000, is confirmed.
Section 2. This Ordinance applies from and after the Effective Date. Any
violations committed before the Effective Date are governed by the ordinances in effect
immediately before the Effective Date ("Prior Ordinances"). If permits (including similar
approvals) are affected by this Ordinance, this Ordinance shall generally apply to and
govern those applied-for on or after the Effective Date.. However, the Prior Ordinances
shall apply to and govern any such permit (and the activities authorized by such a
permit) if: (i) the application for the permit is completed and filed before the effective
date, with all plans, information, fees, etc., (ii) the permit is actually issued on the basis
of that application, and (iii) the permit is not allowed to expire, and is not terminated or
revoked, thereafter (although it may be renewed or extended in the usual manner, if
any, allowed for that type of permit). The Prior Ordinances are continued in effect for
the purposes mentioned in this section.
Section 3. All ordinances and parts of ordinances in conflict with this Ordinance
are repealed to the extent of the conflict only.
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Section 4. If any word, phrase, clause, sentence, paragraph, section or other
part of this Ordinance orthe application thereof to any person or circumstance, shall
ever be held to be invalid.or unconstitutional by any court of competent jurisdiction,
neither the remainder of this Ordinance, nor the application of such word, phrase,
clause, sentence, paragraph, section or other part of this Ordinance to any other
persons or circumstances, shall be affected thereby.
Section 5. The City Council officially finds, determines and declares that a
sufficient written notice of the date, hour, place and subject of each meeting at which
this Ordinance was discussed, considered or acted upon was given in the manner
required by theTexas Open Meetings Act, as amended, and that each such meeting
has been open to the public as required by law at all times during such discussion,
consideration and action. The City Council ratifies, approves and confirms such notices
and the contents and posting thereof.
Section 6. This Ordinance shall take effect on October 1, 2000 ("Effective
Date"), or as soon thereafter as allowed by the City Charter.
PASSED AND APPROVED on ~ // ,;/!)oo
Councilmembers Voting Aye: .
Councilmembers Voting No:
Councilmembers Absent:
Sign~~;~
Mayor
Recommended: ~!a-
City Mager
Attes~~~_
ity Secretary al)
Reviewed ~~
City Attorney
b65: 54otOod
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Appendix A
SubchaDtel C. Food II.tndlel ~
Sec. 16.631. Defined.
Tile term "food handlel," as used in this chaptel, indudes. (i) allY person t'Vllot'Volks in a
reoStaUlaut, Ilotel, lunch c.vuntel, soda fuUlltain, 50ft drink stand, bal, drugstore, grocery stole,
meat malket 01 any otllel place vvh~lc food or b,-"crages ale pJepaled, distliblited or sel "cd fOI
human COl1sUltiption, and t'Vllollandles SliGh food 01 bevel(loe~ or participates ih tIle pi epalatioh,
distlibdtion olse~ing thereof, 01 ih the handling 01 t'Vashing of dishes 01 uted;3aS us~J ill the
preparation, distribution 01 se~ing thereof and (~i) any pel son peddling fruits, vegetables, GOlif~c-
tioher"} 01 ally other food or beverage for humah consumption, nom door to door, &0111 ahY
coh~eyance or otherwise (t'Vhich persons may also be subject to othel plovisiol1s of this Code
relating to peddlihg OJ selling). The telnl dOGS hot indudG personsllandling food that is 110t sold.
Sec. 16.632. TI ailling COUlse, eel tificate.
(a) COlIne, de5ignatioll:J. The tlaining course fol a rood handlcl's Geltifkate is either the
course given by the City of Houston 01 by the Hauis County Health Depart111Gnt, and the
certificate I equiledhy this chapLel is issued by the organi.~a:tioll gi ving the course to those wllo
complete it and pass it successfully. The owne! of each rood establishment shall desigllate th.e
managel or ope}atol and each shift supeIvisol to obtain a certificate.
(b) Display. A rood handlel's ceItificate shall be displayed in a prohiinent place on the
prel1llSes. All peddle! oS shall k.eep th(.~l food handle!' s celtificates displayed in a ploluincht place
on tllGir pCISOl1S or COllvGyanCes and shall display it to auy p~rson who asks to see it.
(c) To!l1tpm my CCI tificate. If a pG! son rcpr esenting a food e5lablislhucnl has em oiled fol
such training course, the health authority maj issue a tCJhpOI all certificate to the appl~Ga.:Il. The
healtll authol ity may also issue a tempof<u y food establishment permit to such food
establishment.
(d) Cel !ifiLl.11e , eqttiud. It shall be unla t\Jful rOI any rood handleJ to handle food or dl ink
rol human cOJlsumption umess eithel that pel son or that peuoll' 5 supel visor Oh dlit y at the same
pJemises. (i) has completed and successfully passed the food handler's tlaining c.oursc, (ii) has
been issued a CUllent and valid rood handle}'s certificate, and (iii) displajs it as JequiJcd by this
chaptet.
Sec. 10.633. DUJatioll, I ene" at.
All food handlel's certificates expile three y(';;\rlt. fl..l.. fl... ..bot... ..fin'lilhce .Q~n;H Alg
mav be s,lanted onl~ if the applicant ~aih 1,,'H~e.1t. }Ill t':;..~miI1Mi..l, ..rtJ.{' ~)od lut:l.~l=l'~ COl,H se
I eo tIil ed fOI ne ~ eel tificates.
Se{~. 10.034-10.638. (Resell'edj.
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Sec. 19.939. Food peddle. s.
food Ot dt ink peddlel s shall conlply ~ ;th all applicable sections of this Code, ot!ler City
ordihances and state laws, and they shall at all t;mes protect their products fiola flies, dust
cOlrtamihation and cateIess handling.
Sobchaptel D. Food Establishnlents
Sec. 19.956. Pehuit keqailed.
It shall be dltlaMal for allY pel son to establish, lIlaintain or openue any food
establisluuent unless such cOllduGt isautllol~eJ by a valid PVllll!t.
Sec. 19.057. Application rOI pehnit.
Any pel son desil ing to {.stablish, maintain or opel ate a food establishment shall [!lake
vVlitteh application rol a pelluit to the health authority, stating. (i) the name and residence of the
applicaht, if an indi v idual, Of all the ulembefs of dIe find, if a partnership, 01 tll\~ name and
residences of the applicadt and plillcipal officers. if the applicant is a cOlporation, (ii) the location
and descfiptioh of the premises where such food establisll1llent is to be conducted, and (iii) the
type of business the- applicallt dc.siles to opel ate. The standard applic.ation fee shall be paid.
Sec. 19.958. In"esti~a:tion of applicant, issuance.
Upon tile tiling of ah applicatioh fOI a perlttit, the health authority shallluakeah
in\iestis.ation oftlle ptenlises desclibed in the application to detellu.ine the fitness and suitability
Qf such Plemises fOI a food establishment flon} a sanitan standpoint. If the health authotity is
satisfic,d that the applicant is of ~ood chat aClel aIld [eputation, and that the prelJlises w hel e the
food establishment is to be located are ploper alld suitable frola a San1taI y standpoint, and that all
Iiecessan rood handle{' s ceaifkates have been obtained, the authoritv shall issue the penait.
The authol it y lilay issae tempOlaI y 01 short-telill peunits.
Sec. 19.959. DOl ation of pel Dlit, 1 enewal.
"[vel y food establislul1ent pewnt expires 011 tIle-last day of Au~ust of each 'Vear. ulIless
allothcr expilation is spec.ified.. Permits hlM be issued rot clll uheApiled portion oftlle telnl UpOh
payh\elrt in advilhce ofa proportionate part oftl.e anrmal fee.
Sec. 10.069. Disolav of De.OlH. lellocatioll 01 suspension.
~ ~ el y food establishment issued a permit PUI suant to this chapter shall post the perM!..iD
a conspicuous place within the Plemises where the food establishnleht is authorized to be
established. maintained or opelated. The healtll authority mav levoke or suspend Oe{mits subiect
to the salae rules as are applicable to le~ocation or suspension of build ins. oellllits.
See. 10.061. Plelllises, equipment. etc.
(a) I"'temiJeJ. No buildinll.place or 100m which is 50 dilapidated 01 in such state of
repail, 01 of such COlistl uction dlat it cannot be kept ill a dealt ahd sanitary coltdition sllall be
used as a place fOI tIle PI eparatiolt, IllallUfac.tUl e. sale. distributioll or stOl as.e of ah v food oroduct
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for llunlah C01l5lul1ption and tile owlter of any such place or building shall not permit it to be used
fOl such purpose. All buildilt,gs, floors, walls, ceilings, furnitul e, reGeptacles, implements and
machilter, of an} fOod establishment and all cars, tl ucks or "ehicles used by them shall be kept in
a tholoughly dean and sanitaly condition, properly lighted, drained, plumbed and \ientilated, and
conducted with strict regal d to all applicable sections of this Code, any otller City ordiltances or
state la w.
(b) Lquipmt;nl and implements. All tIays, bOAes, baskets, racks, tables, shelves, counters,
sllow cases altd otha food receptacles of alty kind shall be kept in a thOlOughly dean and
saltital) Il1amler. AlIIC1l1ves, saws, cleavers or any other itllplement used ilt the preparation or
distIibution of food sllall be tlloroughlysterilized afteI each u::>C., th<:;n l;ll;,ed tholougllly in clean
potable watel, alld qy liCit hot ill use, kept in a Il1d.hnel \'\- hidl \;\ ill plotect diem from dust, flies,
ins,"cts, fildl ahd lodc.ltts and so as to pIC.vGll:t handling by irrespohsible perSOhS.
Sec. la.a!)!. Applo~al of plAUS to H~m()del.
All)' pUSOh W 110 desires to renlodel or aItel any area diM is used far tile dispehsil1g,
plep,uatiolt 01 stOIage offood products, including necessary- sanitation facilities, shall sublllit to
tite ltealtll autholity plahs, blueprints or dlawings fal approval before tIle plans, blaeprillts or
drawihgs al e subluitted to tIle Duildihg Official for perIttits to do tile renlodeling or alteratiohs.
Subchapter C. Food Service
Sec. lO.031. State and Countv Rules
The following rules are adopted by reference and incorporated into this Chapter for all
pUfDoses:
ill
the <<Texas Food Establishment Rules." 25 Texas Administrative Code. Chapter
229. Sections 229.161-229.171 and 229.173-229.175. as amended:
Chapters 437 (Regulation of Food Service Establishments. etc.). 431 (Texas Food
Drug and Cosmetic Act) and 341 (Minimum Standards of Sanitation and Health
Protection Measures) of the Texas Health & Safety Code. as amended: and
the "Rules Regulating Food Service Establishments in Harris County, Texas."
promul~ated by the Commissioners Court of the County. as amended.
A true COpy of each of the above-referenced sets of rules shall be kept on file in the office of the
Citv Secretary.
ill
ill
Sec. 10.032. Definitions
All definitions in the state and county rules, adopted above. are hereby adopted. In
addition the following definitions shall apply to this ChaPter and other provisions of this Code
concemin~ the health authority:
(1) "Regulatory authority" means a representative of the HCPH&ES.
ill "HCPH & ES" means the Harris County department of Public Health &
Environmental Services.
ill "Service of notice" means the delivery of a notice. prepared bv HCPH&ES. to the
holder of the permit or the person in charge. or \vhen it is sent by registered or
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certified mail. return receipt requested. to the last known address of the holder of
the permit.
ill "Owner" means the owner or operator of a business or food establishment.
ill "Food establishment" means each place where food or drink is manufactured.
packaged. produced. processed. transported. stored. sold. commercially prepared.
or otherwise handled. whether offered for sale. given in exchange or given away
for use as food or furnished for human consumption. The term applies to any
retail food store. temporary food establishment. mobile food unit or roadside or
door-to-door food vendor. The term does not apply to private homes where food
is prepared or served for guest and individual family consumption. The term does
not apply to a place where a commercially packaged single portion of non-
potentially hazardous snack items and wrapped candy are sold over the counter.
.@ "Childcare facility" means a facility keeping more than 12 unrelated children that
provides care. training. education. custody or supervision for children under 15
years of age. who are not related by blood. marriage or adootion to the owner or
operator of the facility. for all or part of the day. whether or not the facility is
operated for profit or charges for the services it offers.
Sec. 10.033. Food permits. .
(a) Re{/lliremel11. It shall be unlawful for any person to own. operate. control or manage a
food establishment in the city_unless the owner of the establishment possesses a current and
valid health oermit issued bv the HCPH&ES.
(b) Postin}!. A valid permit shall be posted in public view in a conspicuous place at the
food establishment for which it is used. It shall be unlawful to own. operate. control or manage
any food establishment unless the permit issued for that food establishment is so posted.
(c) Non-transference: chan}!e of ownershilJ. Permits issued under the provisions of this
article are not transferable. Upon change of ownership or control of a business or food
establishment. the new owner ""ill be required to obtain a permit. and meet current standards as
defined in city ordinances and state law before the permit will be issued.
(d) Denial.sllSlJensiollor revocation. The regulatory authority may deny. suspend or
revoke anv permit to operate a tood service establishment if the applicant or permittee does not
comply with applicable regulations. or if the operation of the establishment otherwise constitutes
a substantial hazard to public health. A permit can be suspended or revoked onlv after notice and
an opportunity for a hearing. as described below. The notice must list specific violations to be
corrected. Failure to correct violations as listed on the notice will be grounds for denial.
suspension or revocation of a permit. If a permit is then denied. suspended. or revoked. the
holder of the ~ermit has three workingdavs to request a hearing. This request must be in writing
and delivered to the HCPH&E. A hearing will normallv be held within seven working davsof
t he request If no. request for hearing is made within the time limit. the deniaL suspension or
revocation is sustained.
(e) Hearifl,?s. The hearings provided for in this Chapter shall be conducted by a
desi~nated official of the HCPH&ES at the time and place designated by the official. Based
upon the recorded evidence of such hearings. the official shall make a final finding. and shall
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sustain. modify or rescind any notice or order considered in the hearing. A written report of the
hearinfi decision shall be furnished to the holder of the permit. license. or certificate by the
official.
(f) Application after revocation. Whenever a revocation ofa oermit has become final. the
holder of the revoked oermit may make written aoolication for a new oermit.
(g) Permit fees. Health oermit fee as established by the Commissioners Court in
unincorporated areas of the County are required for each food establishment. Annual oermit fees
are due and oayable on or before one year from date of issuance of the oermit and are to be oaid
to the HCPH&ES at 2223 West Looo South.. Houston. Texas. or subsequent designated address.
Sec. 10.034. Review of plans. .
(a) Submission ofvlans. 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 the HCPH&ES 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 material of work areas. and the type and model
of proposed fixed equipment and facilities. The HCPH&ES shall approve the plans and
specifications if they meet aoplicable regulations. No food establishment shall be constructed.
extensively remodeled. or converted except in accordance with plans and specifications aoproved
bv the HCPH&ES. and it shall be unlawful for anv oerson to do so or to attemot to do so.
(b) Pre-overational insvection - The HCPH&ES shall inspect any food establishment
orior to its beginning operation to determine compliance with aporoved olans and specifications
and with the requirements of these rules. It shall be unlawful for any person to own. operate.
control or manage a new. extensively remodeled or converted food establishment until such
inspection has occurred and has been oassed.
Sec. 10.035. Food Manager Certification
(a) Requirement. Every food establishment. at all times. shall have a person employed in
a managerial capacity possessing a current food manager's certificate issued by the HCPH&ES.
A manager or person in charge. who has such a current certificate. must be on duty during all
hours of operation of a food service establishment usually employing six or more employees per
eight-hour shift. . It shall be unlawful for any person to own. operate control or manage a food
service establishment that does not comply with this subsection. Exceptions: This subsection
does not apply to: 0) establishments dealing only in fresh produce: non-potentially hazardous
food. and/or prepackaged potentially Hazardous food. or (ii) temporary food establishments using
persons participating as volunteer food handlers performing charitable activities. for periods of
14 days or less.
(b) Issuance. Upon written application and presentation of evidence of satisfactory
completion of a food manager's course. equivalent training. or examination as approved bv the
health authority. the HCPH&ES shall issue a food manager's certificate valid for three years from
the date of completion of training or evaluation, unless sooner suspended or revoked.
Suspension or revocation of an establishment's health permit by the health department shall
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constitute cause for revocation of that establishment's manager's certification(s).
(c) Termination. transfer. Whenever a manager holding a certificate terminates
employment. is terminated. or is transferred to another food establishment. the person owning.
operating or managing the food establishment shall be allowed 60 days (from the date of such
termination or transfer of the certificate holder) to complv with this section.
Subchaoter D. fReservedl
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Appendix B
Sec. 12.101. Health authority.
(a) Appoillfment. duties, etc. The City Council shall appoint a hereby appoints and
reappoints the Director of the Harris County Health & Environmental Services department as the
City's health authority under and pursuant to the Texas Health & Safety Code ("H&S Code"), to
serve successive terms of two years. each beginning on October 1 of an even-numbered calendar
vear. The City Council mav make a different appointment. subiect to the restrictions of this
section. Unless otherwise allowed by the H&S Code, the health authority:
(1) must have the qualifications required by the H&S Code;
(2) shall serve for a two-year term from the date of appointment, and may be
appointed for successive terms;
(3) shall be removable from office for cause, under the personnel procedures
applicable to heads of City departments;
(4) may delegate authority to a properly qualified physician to act while the health
authority is absent or incapacitated, in accordance with the H&S Code; and
(5) shall have the authority granted by state law and this Code.
(b)DelegatioJ1. If the health authority delegates authority to act in case of absence or
disability, the following procedures shall. apply:
(1) the health authority, if possible, shall notify the City Manager if the health
authority will be absent or disabled;
(2) the City Manager shall determine absence or disability, regardless of whether
notice is given, and the City Manager's determination is final;
(3) during any such absence or disability, the delegatee has all of the authority of
the health authority, and the health authority has no authority.
(c) No Health Board or Department. The City has not established a local health
department or local health district, and there is no local health board. All references in this Code
to a health officer or board shall be construed to apply to the health authority.
(d) Food andfood handlers. In addition to duties imposed by state law, the health authority
shall enforce and administer this Chapter and Chapter 10 (food and food handlers).
(e) Standards and procedures. The health authority is subject to the same standards and
procedures applicable to the Building Official under Chapter 6 (see, e.g., Sections 6.101, et seq.),
except as 1;>rovided for food service in Chapter 10. When applying for a search warrant to carry
out health-related duties, the health authority is designated as the Code enforcement official.
* * *
Sec. 12.103. Decisions and appeals.
The health authority may change or overrule any decision made by a health inspector.
Appeals of decisions made by either the health authority or a health inspector are heard by the
Building & Standards Commission, exceot as provided for food service in Chapter 10.
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