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HomeMy WebLinkAbout1330 06-23-1998ORDINANCE NO. 1330 AN ORDINANCE AMENDING CHAPTER 42 "HEALTH AND SANITATION" OF THE CODE OF ORDINANCES OF THE CITY OF EULESS, TEXAS, AS AMENDED, BY AMENDING SECTION 42 -32 "PERMITS, LICENSES, OR CERTIFICATES" TO CREATE TEMPORARY AND MOBILE FOOD SERVICE ESTABLISHMENT PERMITS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY FOR VIOLATION; AND PROVIDING AN EFFECTIVE DATE, WHEREAS the regulation of food service establishments is an integral part of protecting the health and welfare of its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TARRANT COUNTY, TEXAS: SECTION I THAT Section 42 -32 "Permits, licenses, or certificates" be amended by the addition of the phrase whether permanent, temporary, or mobile," after the word "establishment" in the first sentence of (b)(1). SECTION II THAT Section 42 -32 "Permits, licenses, or certificates" be amended by replacing (b)(4) with the following: (4) Permits granted under the provisions of this article shall remain in full force and effect for the following periods of time from date of issuance, unless sooner revoked for noncompliance with city ordinances: Permanent Food Service Establishment Pennit I year Temporary Food Service Establishment Permit 3 consecutive days Mobile Food Service Establishment Permit 1 year SECTION III THAT Section 42 -32 "Permits, licenses, or certificates" be amended by replacing (b)(5) with the following: (5) Temporary food service establishments shall pay a fee for each permit obtained, as set forth in Chapter 30. All other food service establishments shall pay an annual permit fee as set forth in Chapter 30 SECTION IV THAT Section 42 -32 "Permits, licenses, or certificates" be amended by the addition of the following: (b)(6) No business or location shall be issued more than a combined total of two temporary food service permits per calender year. SECTION V SEVERABILITY 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 judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality 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. SECTION VI SAVINGS CLAUSE - THAT Chapter 42 of the Code of Ordinances, City of Euless, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION VII PENALTY CLAUSE - THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be liable to a fine in an amount not to exceed $2,000 for each offense, and each and every day such offense is continued shall constitute a new and separate offense. SECTION VIII EFFECTIVE DATE - This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on the 23rd day of June, 1998, by a vote of 6 ayes, 0 nays, and 0 abstentions. APPROVED: a Mary Lib Saleh, Mayor ATTEST: usan Crim, �tCC1 City Secretary APPROVED AS TO FORM: ob MM Far(an , ity Attorney CJ