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HomeMy WebLinkAbout455 09-11-1973ORDINANCE NO. 455 AN ORDINANCE PROVIDING FOR THE REGULATION OF EATING AND DRINKING ESTABLISHMENTS AND THE ISSUANCE OF HEALTH PERMITS AND HEALTH CARDS TO OPERATORS AND EMPLOYEES OF SUCH ESTABLISHMENTS; PROVIDING FOR THE ESTAB- LISHMENT OF FEES FOR THE ISSUANCE OF SUCH PERMITS; ADOPTING THE UNITED STATES PUBLIC HEALTH SERVICE FOOD SANITATION ORDINANCE AND CODE; DEFINING CERTAIN TERMS; PROVIDING A SEVERANCE CLAUSE, PENALTY CLAUSE AND DECLARING AN EMERGENCY. WHEREAS, the United States Department of Health has recommended for adoption to all municipalities and other govern- ing authorities within the United States the adoption of a uniform code regulating the service of food and drink and has promulgated pursuant to such request a uniform ordinance applicable thereto, and WHEREAS, the purpose of such legislation is the preven- tion and eradication of communicable and contagious disease resulting from the contamination of food and drink consumed in retail food and beverage establishments, and WHEREAS, the Euless City Council desires to provide such regulation for the preservation of the health, safety and welfare of the citizens of the City of Euless, and WHEREAS, such City Council has determined that such regulation may be best provided by the adoption of certain provisions of such model Ordinance hereinbefore named, and WHEREAS, the Euless City Council deems it to the best interest of the citizens of such City in the protection of their health, safety and welfare to adopt such regulation without delay. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, AS FOLLOWS: ARTICLE I United States Public Health Service Ordinance Adopted. The inspection of eating and drinking establishments within the City of Euless, Texas, or its police jurisdiction, the issuing, suspension, and revocation of permits for the opera- tion of such establishments, the sale of adulterated, misbranded, or unwholesome food and drink, the issuing, suspension and revocation of permits for the handling of food in such estab- lishments, the enforcement of this Ordinance, and the fixing of penalties shall be regulated in accordance with the terms of the unabridged form of the 1962 edition of the U. S. Public Health Service Food Sanitation Ordinance and Code (herein called "Ordinance "), a copy of which is on file in the office of the City Secretary provided: 1) That the words "municipality of it in said Ordinance shall be understood to mean e ity of Euless; 2) That in said Ordinance all parenthetical expressions referring to grading and subsection H.2.e. shall be understood to be deleted; 3) That subsections H.7. and H.8. of said Ordinance shall be understood to be deleted; 4) That the term "City Health Officer" or other term in such model Ordinance and this Ordinance shall be understood to mean that person designated by the City Manager of the City of Euless, Texas, or their assistant. ARTICLE II Compliance Required; Suspension of Permit. No food service establishment, as defined in said Ordinance shallbe operated within the City or its police juris- diction unless such operation is done in conformance with the requirements of said Ordinance. It shall be unlawful for any person owning, managing, operating or otherwise acting in charge of any food service establishment in the City to operate or permit the same to be operated in violation of any provision of said Ordinance. In the event any food service establishment for which permit has been issued pursuant to said Ordinance shall fail to comply with the terms and provisions of said Ordinance, the City Health Officer shall be authorized to suspend such permit. ARTICLE III Health Card Required. No person shall be employed or work in a restaurant or itinerant restaurant who is not at such time the holder of a current, valid health card. -2- ARTICLE IV Annual Physical Examination-Required. Every person employed by, about to be employed by, or otherwise connected with a food service establishment whose work brings him in contact with the handling of food, drink, utensils, or food service equipment shall have a health certi- ficate issued and renewed annually by the City Health Officer or a licensed physician designated by him upon presentation of evidence of having been examined for and found to be free of contagious disease. The examination shall consist of a tuber- cular test and /or a chest x -ray, and such other medical history, physical examination, or laboratory test that may be designated by the City Health Officer, or are felt by the examining physi- cian to be indicated to determine the absence of communicable disease. The report concerning such examination, together with the certification of the physician making same, shall be made on such form or forms as may from time to time be prescribed by the City Health Officer, his designated assistant, or the City Health Department. Forms shall be furnished by the City Health Department without charge. When a licensed physician has certi- fied on the prescribed form that the person examined is not affected with any disease in a communicable form, is not a carrier of such disease, and is not suspected of being affected with, or being a carrier of, any such disease, the Health Officer or his designated assistant shall issue the person examined a Health Card which shall be valid for one (1) year from the date of such examination, unless sooner revoked. ARTICLE V Revocation of Health Card. The Health Officer or his designated assistant shall have the right to revoke a valid health card at any time the holder of such card becomes affected with any disease in a communicable form, becomes a carrier of such a disease, or is suspected of being affected with or being a carrier of any such disease; and such revocation shall remain in effect until a licensed physician certifies freedom of communicable disease in the manner set forth in Article IV. ARTICLE VI Display of Health Cards and Permits. Every restaurant and itinerant restaurant shall display at all times the Health Cards of its employees and its Permit as provided for herein upon an inside wall of such restaurant -3- 9 visible to the patrons and general public of such restaurant. ARTICLE VII Permit Required. No person shall operate a restaurant or itinerant restaurant in the City who does not possess an unrevoked permit therefor from the City issued by the City Health Officer or his designated assistant. ARTICLE VIII Authority to Issue. The Health Officer or his designated assistant is hereby authorized to issue permits to any person making application therefor, authorizing the operation of a restaurant or itinerant restaurant in the City; provided that only a person who complies with the requirements of this Ordinance shall be entitled to receive and retain such permit. ARTICLE IX Permit - Application. Application for such permit required in Article VII shall be made in writing to the City Health Officer or his designated assistant upon forms prescribed and furnished by the City Health Department. A new application shall be made for a permit as required by this Ordinance at any time there is a change in ownership of a restaurant or itinerant restaurant. ARTICLE X Permit - Duration. Any permit granted under the provisions of this Ordinance shall remain in full force and effect for a period from date of issuance to May 1 of the next following year, unless sooner revoked for cause. ARTICLE XI Permit - Renewal. A renewal permit shall be secured annually in the same manner as the original permit is secured. -4- ARTICLE XII Permits - Non - transferable. Every permit issued under the provisions of this Ordinance shall be non - transferable, shall permit the operation of a restaurant or itinerant restaurant only at the location for which granted, and shall be posted in a conspicuous place in the restaurant or itinerant restaurant at all times. ARTICLE XIII Fees. Every restaurant and itinerant restaurant shall pay an annual permit fee of $5.00 per employee with a minimum of $25.00 per year for an annual permit and a maximum of $100.00 per year for an annual permit. The number of employees shall be deter- mined on the effective date of the permit. No fee shall be charged for the issuance of health card required by this Ordinance. ARTICLE XIV Effective Date. The provisions of this Ordinance shall become effective thirty (30) days next following the promulgation of forms necessary for the application for the Health Cards and Permit herein provided for by the Health Officer of the City of Euless. ARTICLE XV Authority of Enforcement. The Director of Public Safety of the City of Euless and any officer of the Police Department of the City of Eules$, and the Health Officer of the City of Euless or any Assistant Health Officer of the City of Euless is authorized to enter upon private property and to enter any establishment subject to the provisions of this Ordinance for the purpose of determining compliance with this Ordinance and for the purpose of determin- ing the identity of the owner, operator, manager or supervisor thereof and all persons employed therein. ARTICLE XVI Penalty Clause. Any person, firm or corporation violating any provision of this Ordinance shall be deemed guilty of a misdemeanor and -5- ♦ r upon conviction thereof shall be fined in an amount of not less than $25.00 nor more than $200.00 for each offense. Each day that such violation shall continue shall be deemed a separate and distinct offense and shall be punishable as such. ARTICLE XVII Severance Clause. Should any section, article, provision or part of this Ordinance be declared to be unconstitutional and void by a court of competent jurisdiction, such decisions shall in no way affect the validity of any of the remaining parts of this Ordinance unless the part held unconstitutional or void is inseparable from and indispensable to the operation of the remaining parts. The City Council hereby declares that it would have passed those parts of this Ordinance which are valid and would have omitted any part which may be unconstitutional or void, if it had known such parts were unconstitutional or void at the time of the passage of this Ordinance. ARTICLE XVIII Declaring An Emergency. The fact that the enactment of this Ordinance is nec- essary to preserve the public business, peace, health, safety and general welfare, creates an urgency and an emergency in the immediate preservation of same, and requires that this Ordinance shall take effect immediately from and after its passage and publication as required by law. APPROVED AND ADOPTED ON FIRST AND FINAL READING on the 11th day of September, 1973, at a regular meeting of the Cites y Council of the City of Euless, Texas. APPROVED: Mayor ATTEST: r"_Zz/ City Secretary Ord