HomeMy WebLinkAbout1168 01-10-1995ORDINANCE NO. 1168
AN ORDINANCE OF THE CITY OF EULESS, TEXAS, AMENDING
CHAPTER 42 OF THE CODE OF ORDINANCES OF THE CITY OF EULESS
BY ADDING SECTION 42 -38. (FOOD HANDLING CERTIFICATION;)
PROVIDING FOR CERTIFICATION OF FOOD HANDLERS; PROVIDING
FOR THE TRAINING OF FOOD HANDLERS; AMENDING CHAPTER 30,
SECTION 30 -19, OF SAID CODE OF ORDINANCE TO PROVIDE FOR FEES
TO DEFER THE EXPENSE OF TRAINING; PROVIDING A SAVINGS
CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABHMY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Euless has adopted regulations for the
operation of food establishments, and finds and determines that the education and training of food
handlers within the City is desirable and necessary for the health safety and welfare of the
residents of the City; and
WHEREAS, the City Council of the City of Euless desires to charge reasonable fees to
defer the expense of providing training to food service employees.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EULESS, TEXAS:
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That the Code of Ordinances of the City of Euless, Texas, be, and the same is hereby, amended
by amending Chapter 42, in part, to add Section 42 -38. Food Handling Certification, to read as
follows:
Sec. 42 -38. Certification of Food Handlers.
(a) Every person owning, employed by or otherwise connected with a food
service or food establishment whose work brings them into contact with the
handling of food, utensils or food service equipment, shall, within thirty (30) days
of the date of such employment, possess a current valid food handler's certificate
issued by the City of Euless Environmental Health Department. Owners,
managers, or persons otherwise controlling any food service or food establishment
shall not employ or permit any person to remain employed therein who does not
meet this requirement.
(b) To receive a food handling certificate, a person must satisfactorily
complete an approved course of study in sanitary food handling and pay the
required fee.
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(c) The Health Department of the City of Euless shall be responsible for
conducting an approved course of study in sanitary food handling as often as
necessary for carrying out the purposes of this section. State - approved food
protection management training as required by Chapter 438, Subchapter D, Texas
Health and Safety Code, as amended, may be substituted for the course provided
by the Environmental Health Department of the City of Euless.
(d) The fee for obtaining a food handling certificate and the fee for
replacement of a lost certificate shall be established from time to time by the City
Council by ordinance.
(e) Temporary food service establishments operated in conjunction with
a special event shall be exempt from this requirement.
(f) Every certificate issued hereunder shall remain effective for a period
of two (2) years and may be renewed upon successful completion of additional
approved refresher courses and payment of renewal fees.
(g) Every food service or food establishment shall have available on the
premises at all times the food handling certificate of each employee for inspection,
and if requested, shall provide the City of Euless Environmental Health
Department with documentation of the date of employment of any employee of
said establishment.
(h) Certificates are the property of the person named thereon and must be
returned by employers to said person upon cessation of employment.
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That Chapter 30 "FEES" of said Code of Ordinances, as amended, be hereby amended by
amending Section 30 -19 thereof to hereafter be and read as follows:
Sec. 30 -19 Food and food service establishments.
Annual Permit Fee for food service
establishment permit, license or certificate
Food handler certificate
$150.00
......................... ............................... $10.00
Replacement for lost food handler certificate
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$5.00
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Sevenability Clause. That it is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or
unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such
invalidity or constitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase,
clause, sentence, paragraph or section.
IV.
Penalty Clause. Any person violating any of the provisions of this ordinance shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be fined as provided in Chapter I,
Section 1 -12 of the Code of Ordinances.
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Saving Clause. The Chapter 86 of the Code of Ordinance, City of Euless, Texas, as amended,
shall remain in full force and effect, save and except as amended by this ordinance.
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Effective Date. That this ordinance shall become effective February 15, 1995, from and after its
passage and the publication of the caption, as the law and charter in such cases, provided
however, every person owning, employed by or otherwise connected with a food service or food
establishment shall have 180 days from the effective date of this ordinance to obtain a valid food
handler's certificate issued by the City of Euless Environmental Health Department.
PRESENTED AND GIVEN FIRST AND FINAL READING and approved at a regular meeting
of the Euless City Council on the 10th day of January 199 5 ;
by a vote of 7 ayes, �_ nays and o absentees.
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ATTEST:
Susan Crim, CX4C, City Secretary
APPROVED AS TO FORM:
ob McFarland, City Attorney
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APPROVED:
Mary Lib Saleh, Mayor