HomeMy WebLinkAbout809 09-11-1984ORDINANCE NO. 809
A SANITATION CODE REGULATING THE SALE OF FOOD THROUGH
RETAIL FOOD STORES: DEFINING FOOD, POTENTIALLY
HAZARDOUS FOOD, EQUIPMENT, REGULATORY AUTHORITY RE-
TAIL FOOD STORE, SANITIZATION, TRANSPORTATION,
UTENSIL, WAREWASHING, ETC.; PROVIDING FOR THE RETAIL
SALE OF ONLY SOUND AND SAFE FOOD; REGULATING THE
SOURCE OF FOOD, FOOD PROTECTION, RETAIL FOOD STORE
PERSONNEL, RETAIL FOOD STORE OPERATIONS, FOOD EQUIP-
MENT AND UTENSILS, SANITARY FACILITIES AND CONTROLS,
AND OTHER FACILITIES; REQUIRING PERMITS FOR THE
OPERATIONS OF FOOD STORES; REGULATING THE INSPECTION
OF SUCH FACILITIES; PROVIDING FOR THE EXAMINATIONS
AND CONDEMNATIONS OF FOOD; PROVIDING FOR INCORPOR-
ATION BY REFERENCE OF THE 1982 EDITION OF THE ASSOCI-
ATION OF FOOD AND DRUG OFFICIALS' AND THE FOOD AND
DRUG ADMINISTRATION'S "RETAIL FOOD STORE SANITATION
CODE "; AND PROVIDING FOR THE ENFORCEMENT OF THIS
CODE, ESTABLISHING PENALTIES FOR VIOLATION; PROVID-
ING A SEVERABILITY CLAUSE, AND DECLARING AN EMER-
GENCY, AND AN EFFECTIVE DATE.
NOW, THEREFORE, be it ordained by the City Council of
the City of Euless, Texas, as follows:
Section 1. The definitions; the inspectionn of retail food
stores; the issuance, suspension, and revocation of a permit to
operate a retail food store; the prohibiting of the sale of unsound
food or drink; and the enforcement of this code shall be regulated
in accordance with the 1982 edition of the Association of Food and
Drug Officials' and the Food and Drug Administration's "Retail
Food Store Sanitation Code ", three certified copies of which shall
be on file in the office of the City Secretary: provided, that the
words "regulatory authority as used and contained in said Code
shall be understood to refer to the City of Euless, Texas."
Section 2. Any person, firm or corporation who violates a
provision of these rules and any person who is the permit holder
of or otherwise operates a retail food store that does not comply
with the requirements of these rules and any responsible officer
of that permit holder or those persons shall be deemed guilty of
a misdemeanor and upon conviction thereof shall be fined in an
amount of not less than $25.00 nor more than $1,000 for each
offense and shall be punishable as such.
Section 3. These rules shall be in full force and effect
immediately after their adoption and publication as provided by
law; and, at that time, all ordinances and parts of ordinances in
conflict with these rules are hereby repealed.
Section 4. Every retail food store shall pay an annual permit
fee of five dollars ($5.00) per employee with a minimum of twenty
five ($25.00) per year for an annual permit and a maximum of one
hundred dollars ($100.00) per year for an annual permit. The
number of employees shall be determined on the issuance date of the
permit.
Section 5. 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 unconstitutional by
the valid judgment or decree of any court of competent jurisdic-
tion, such unconstitutionality shall not affect any of the remain-
ing 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
unconstitutional phrase, clause, sentence, paragraph or section.
Section 6. Emergency Clause. By the affirmative vote of four
or more of its members, the City Council declares that this is an
ordinance for the immediate preservation of the public peace,
property, health, and safety, and is an emergency measure within
the meaning of Article II, Section 11 of the City Charter and the
requirement that it be read at two meetings, as specified in
Section 11, is hereby dispensed with.
PRESENTED AND PASSED on
day of September, 1984, at a
of the City of Euless, Texas,
abstentions.
ATTEST:
i
Kay PAiney, Cit 'Secretary
first and final reading on the 11th
regular meeting of the City Council
by a vote of 5 ayes, 0 nays, and 0
APPROVED:
Z� Z) Jan4u� —
Ha old D. Samuels, Mayor
ORDINANCE NO. 809
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