HomeMy WebLinkAbout03-23-1993
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CITY COUNCIL AGENDA PACKET
MARCH 23, 1993
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AGENDA
CITY OF DENTON CITY COUNCIL
March 23, 1993
Special Call Session of the City of Denton City Council on Tuesday,
March 23, 1993 at 5:15 p.m. in the Civil Defense Room of City Hall,
215 E. McKinney, Denton, Texas at which the following items will be
considered:
5:15 p.m.
1. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S.
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1. Consider the applications of the City of Denton and
the Bolivar Water Supply Corporation to revise the
water and sewer service boundaries of the existing
Certificates of Convenience; Docket Nos. 9447-C,
9824-C, 9825-C.
B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S.
C. Personnel/Board Appointments Under Sec. 2(g), Art.
6252-17 V.A.T.S.
2. Receive a report and hold a discussion regarding the
televising of City Council meetings and the operation of a
government access channel and give staff direction.
3. Receive a report and hold a discussion regarding proposed
amendments to the health food ordinance and give staff
direction.
4. Receive a report and hold a discussion regarding alternative
methods to appoint members to the city's boards and
commissions and give staff direction.
5. Receive a report and hold a discussion regarding the City's
Opticom System.
6. Tabled Items
A. Consideration of a motion to remc..e from the table an
ordinance amending Chapter 26 of the Code of ordinances
to establish a atormwater drainage utility system;
adopting Subchapter C of Chapter 402 of the Local
Government Code (Municipal Utility Drainage); and
declaring drainage to be a public utility for the purpose
of holding a work session discussion on Saturday, March
27, 1993.
oate_~~' _a~ 93
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the
bulletin board at the City Hall of the City of Denton, Texas, on
the ._day of 1993 at o1clock (a.m.)
CITY SECRETARY
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NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 40 HOURS IN
ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS
DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO
THAT A SIGN LANGUAGE INTERPRETER CAII BE SCHEDULED THROUGH
THE CITY SECRETARY'S OFFICE.
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C1Ty al DOWTON, TEXAS MUNICIPAL 8U1LOV40I DENTON, TEXAS 762011 TELEPHONE (917) 5668200 1
OFFICE OF THE EXECUTIVE DIRECTOR OF UTILITIES
MEMORANDUM
DATEI March 18, 1993
T01 Lloyd V. Harrell, City Manager
FROMr R. E. Nelson, Executive Director
E SUBJr North Denton Area Certificate of Convenience and
Necessity (CCN) for Water.
This memorandum relates to the hearing Denton had before the Texas
Water Commission hearing examiner Monday, March 15, 1993. The
purpose of the hearing was to consider the following)
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1) Combining Denton's CCN application with a competing
Bolivar Water Supply Corporation (BWSC) CCN
application.
2) Give Denton and BWSC an opportunity to negotiate a
settlement of our differences over CCN issues
3) Set a hearing date and set schedules for discovery
etc., if negotiations were not successful.
As background, Denton has since 1976 had a "single CCN" north of
Denton to about j mile north of FM 428. That means only Denton is
legally allowed to serve water in that area. Denton does not have
a CCN for the area north of that "single CCN" area to Ray Roberts
Lake although that area is in Denton's ETJ. BWSC has, over the
past 15 years or so, extended substandard sized pipelines into that
area and presently serve customers on almost all roads. BWSC needs
to replace some of these lines and we suspect they are under
pressure by local land owniars/developers to improve their service
in the area. In order to finance the improvements, BWSC needs
Farmers Home Administration (FmHA) financing. FmHA apparently will
not loan BWSC money until they can "guarantee" service rights to
the territory they are presently serving and plan to serve in the
future.
Therefore, last year, BWSC filed an application with the Texas
Water Commission requesting that Denton be decertified 200' either
side of all of their existing linen and that BWSC be given a
"single CCN".
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DEUTCA~rI✓ID -ra QVALX-rW SEaVXCE
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They also requested a "single CCN" for the northern area near Lake
Ray Roberts where no one has a CCN. Denton protested BWSC request
to decertify Denton and also filed an application for a "dual CCN"
in the northern area, Denton advised that we did not oppose BWSC
having a "dual CCN" in our "single CCN" area where they presently
have lines, but that we would request on all new construction that
they install at least 6 inch diameter pipes capable of withstanding
city water pressure. BWSC rejected that proposal, apparently
because of FmHA financing criteria. BWSC did offer to sell their
system to Denton for approximately $300,000. Denton did not pursue
this since it would have cost another estimated $250,000 to run a
pipollra to the area and none of the 50 - 60 customers were inside
Denton city limits,
At the hearing, Monday, the Executive Director of the Texas Rural
Water Association (TRWA) and their hired attorney appeared and
requested and obtainod"party" status to the case, TRWA's interest
is one of precedent. They claim a federal law (some section
i 1926(b)) has jurisdiction above the states right to designate
service territory. Apparently 1926(b) prevents any water supply
entity (such as Denton) the right to "encroach" on a federally
funded rural water supply corporations pipeline service area so
long as federal debt is outstanding to that rural water supply
corporation. The state recently had a similar case. The rural
water supply corporation and the Texas Water Commission are still
trying to sort out jurisdiction, with the Federal Government
backing the rural water supply corporations. The TRWA's position
is that the State has Do alternative except to grant BWSC a "single
CCN" since Federal law takes precedent over state law. TRWA
advised the Texas Water Commission that this same situation exists
in hundreds of other cities around Texas,
If Federal law does prevail and rural Water Supply Corporations do
have an unbridled right to extend into ETJ areas and cities do not
have condemnation rights (as recently held in an exactly similar
case Morgan City, La. vs REA, except that case involves electric
lines) then Denton or any city may have limited jurisdiction to
Water Service Planning in the ETJ. Since the extension of Water
Service is often a viral part of the entire Planning process, much
of the ability to plan for ETJ areas may be in question.
Denton's attorney, Georgia Crump of Lloyd, Gasilink at. al.
estimates this case could become quite involved and could cost over
$25,000 to represent.
The major question is whether Denton wants to take on such a case
or relinquish the service territory to BWSC and hope for the best
as the area develops. Denton would continue to have a "single CCN"
in the southern area except for 200' foot on each side of nearly
all roads. We would continue to press for a "dual CCN" in the
northern area, but we may be faced with the Federal law relating to
"encroachment".
As an added note, State Representative Mary Denny James attended
the hearing also, She represents that area and also is a customer
of a rural hater Supply Corporation in that area.
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_ R. E. Nelson, Executive Director
of Utilities
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March 17,/1993
7,4~~~ S 1
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: RECEIVE A REPORT AND HOLD A DISCUSSION ON THE TELEVISING
OF COUNCII, MEETINGS AND THE OPERATION OF A GOVERNMENT j
ACCESS CHANNEL AND GIVE STAFF DIRECTION. 1
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RECOMMENDATION:
The Cable Television (CATV) Advisory Board has considered both
issues on several different occasions and strongly encourage
the Council to televise its meetings and proceed with the
operation of the Government Access Channel.
SUMMARY/BACKGROUND:
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As a result of the 1988 Cable Television Franchise negotia-
tion3, the City acquired the rights to a Local Government
Access Channel and a Grant in the amount of $60,000 for the
capital equipment necessary for the operation of such a
channel. With the completion of the local rebuild, that
channel is currently avAilable for City use. In addition,
there have been requests from our citizens that the City
televise its City Council Meetings via the new channel. The
televising of Council Meetings and the operation of the
channel have been discussed and recommended by the CATV
Advisory Board. Based upon previous discussions with the
Council, the 1992.93 Budget included funding for these
purposes.
At the request of the Council, a Council Meeting Demonstration
Tape was recorded during the February 16, 1993, council
Meeting in order to provide the Council with an indication of
the level of broadcast quality which can be expected should
the Council opt to televise its meetings. This demonstration
tape will be shown at the April 23, 1993, City Council
Meeting.
In effect, there are two separate, but related, issues for '
which the staff is seeking direction from the City Council.
The first involves the acquisition of equipment necessary for
the operation of the channel. The second issue involves the
acquisition of equipment and the authorization of two part-
time intern positions for the televising of Council meetings.
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TELEVISING COUNCIL MEETINGS vjenW11:__,_~.,.....►
March 17, 1993 .-3 22
Page 2 Ntr.
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Should the Council authorize the operation of the Channel, it
would be the staffs intention to start such operation on a
very limited basis. initial operation would involve the use
of a text scanner ($5,100) which would provide for a bulletin
board system similar to that system seen currently on Chan-
nel 25. The bulletin board would allow the City an additional
medium to notify citizens of meetings, events, programs, and
other public informational items. Staff time required for the
bulletin board operation wi I involve six hours for initial
set-up and approximately 3C minutes per week to update the
messages. No new positions are required for this endeavor.
The Channel Operation Package also involves the purchase of a
three chip light sensitive camera ($11,223) which would be
available for use among the various City Departments. This
camera would also allow for the Council telecast to become a
two-camera shoot and would provide a backup unit to the camera
inclucsd in the Council Telecast Package. In the future, we
would expect the Channel to include some package programming
as the City currently owns several programs on various issues
including electrical safety, safe drinking water, recyclin4,
etc. The total cost of equipment for the channel operation is
estimated at $16,323 and will be funded from the Sammons
Grant.
Should the Council choose to televise its meetings, it will be
necessary for the City to acquire a three chip light sensitive
camera ($11,223), one character generator/toaster ($4,595),
one set of portable lights ($1,040), two black and white TV
monitors ($300) one commercial grade VCR ($2,000) and various
cables, headsets, and connectors ($1,050). Total equipment
cost is estimated at $20,208 for this package with full
funding provided under the Sammons Grant. Additional operat-
ing costs for the remainder of the fiscal year, which involves
two part-time interns as camera operators, is estimated at
$1,200. Modifications for the Council Chambers to facilitate
the broadcast are estimated at $1,000 and with miscellaneous
operating expenses estimated at $300. All 0 and M expenses
total $2,500 and have been incluned in the Community Services
Administration Budget for 1992.93. Any cost for administra-
tion and management of the program will be borne within that
same budget. ,
As you may recall, there have been some developments relative
to this issue regarding the Denton Independent School Dis-
trict. I have attached two memoranda relative to the school
Districts probable desire to share the use of the equipment
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` TELEVISING COUNCIL MEETINGS AgmdsI
March 17, 1993
Page 3 oah~
obtained for the channel operation and Council broadcast. I
would point out that the cost of the equipment in the previous
memoranda are somewhat different than in this report. This
variance is due to pricing changes on the equipment which have
occurred since the previous documents were prepared.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
City of Denton, Citizens of Denton.
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FISCAL IMPACT:
Cable Channel operation $16,323 from Sammons Grant
Council Meeting Telecasts $20,208 from Sammons Grant
$ 2,500 from Community Services
Budget
Respectfully submitted,
Lloy V. Harrell
City Manager
Prepared by:
Bill Angelo
Director of Community Services
Approved by:
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R. E. Nelson
Executive Director of Utilities
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agenda HO /,-1
Agenda
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Data- 77~
CITY of DENTON, TEXAS MUNICIPAL 801DWG % 215 E. McKINNEY / DENTON. TEXAS 76201
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MEMORANDUM
TO: LLOYD HARRELL, CITY MANAGER
FROM: BILL ANGELO, DIRECTOR OF COMMUNITY SERVICES
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' DATE: DECEMBER 16, 1992
SUBJECT: STATUS OF DISD BOARD ACTIVITY RELATIVE TO CABLE BROADCAST
OF MEETINGS.
As you know the DISD School Board considered the staffs' Joint
recommendation relative to broadcasting of Council and School Board
Meetings and the use of shared equipment at its meeting of December
15, 1992. According to DISD Public Information Officer, Susan
McGuire, the Board's response to the recommendation was very
positive. Specifically, the Board instructed their staff to set up
the equipment replacement and maintenance repair funds for the
shared equipment if and when the City acquires such equipment.
Additionally, they instructed the staff to include the cost of
broa',casting Board meetings as a program for consideration in next
years budget.
I would point out that such action on the school board' part in no
way obligates the City to proceed with such a purchase. The
decisions to acquire the equipment and/or broadcast Council
meetings rests solely with the City Council.
Should you have any questions or comments please let me know.
Respectfully s_Sj~itte~d,
Bill Angelo
A592B
8171566.8200 D/FW METRO 434.2529
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Date -~3 - tale
CITY Of DENTON, TEXAS MUNICIPAL BUII.D"NG / 215 E MCKINNEY / DENTON, TEXAS 76201
M E M O R A N D U M
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TO: Lloyd Harrell, City Manager
Dr. l'im Sonnenberg, Superintendent of Schools
FROM: Susan McGuire, Employee/Co,cununity Relations
Bill Angelo, Director of Commvnity Services
DATE: December 8, 1992
SUBJECT: BROADCASTING OF SCHOOL BOARD AND CITY COUNCIL MEETINGS
In 1988/89, the City of Denton renegotlattd its Cable Television
Franchise Agreement with Sammons Communications, Inc. (SCI). As
part of the new agreement, SCI was required co provide a local
government access channel for use by the City of Denton and the
Denton Independent School District. Another major revision to the
agreement involved the elimination of the provision which required
SCI to broadcast Council meetings at the discretion of the City
Ccuncil. In exchange for this relief, SCI proviced the City with
a grant of $60,000 for the acquisition of equipment to be used in
the operation of the City's share of the local government access
channel.
During the last few in.)nths, there has been considerable discussion
relative to the broadcasting of Denton Independent: School District
(DISD) school Board and City Council meetings. Much of this
discussion has involved the potential for sharing broadcast
equipment which the City would purchase through its cable grant
funds. The staffs r,f both organizations have researched the
various alternatives available and have developed a joint recom:nen-
dation on the approach that should be taken if and when the Board `
and/or council decide to broadcast their meetings. The following
reports outline the options examined and provide a recommended
course of action.
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817/566.8200 D/fW METRO 434.2529
•1verrdaNo
Agenda ltarrZ ifenl, ld1 ~3
Cute. 3 3 % ' . D31e /a"ice 9L
BROADCASTING ,t S, ~y tl
December 8, 1992 D
Page 2
Upon receiving authorization from the City Council to pursue a
cooperative approach to the broadcasting of meetings, staff
attempted to find an entity which would enter into a contract for
such services. Under this approach, the needed equipment would be
provided by the DISD and the City with the contractor providing the
labor, technical direction, and basic supervision necessary for ~he
broadcast. in this regard, we contacted Texas woman's University
(TWU), Sammons Communications, Inc. (SCI), and the University of
North Texas (UNT) to explore contract opportunities.
Unfortunately, the personnel contacted at TWU felt that their
department's schedules were too busy for the next two semesters,
leaving them unable to seriously consider such a proposition. They
did, however, express some interest in considering the matter in
the future.
Although they were not very interested in
quotn_d us a price of $75 pursuing this matter, SCI
per hour for such broadcast services.
SCRs lack of interest stems from their curre,it production schedule
for Channel 25 which would create some logistical problems for
their production personnel. Although the services provided by SCI
would be dependable and of a high quality, the total price of such
services based upon 240 hours of service is estimated at $18,000
annually, which is considerably more than either organization had
previously discussed.
UNT expressed strong interest in this endeavor, quoting us a lump
sum price of $15,200 annually which equates to approximately $63.34
per hour. while the quality and dependability of _uch service
would also be quite good, the estimated costs are considerably
higher than previously discussed.
As a result of TWU's lack of interest and the high cost associated
with contracting with SCI or UNT, staff has examined its original
proposal for in-house broadcasting. Under this approach, broadcast
costs are estimated at $38.45 per hour or $9,228 annually for both
organizations. The quality of the production should be good as `
both organizations have experienced personnel currently on board in
other areas that fulfill the role of technical. directors.
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Agenda
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Decemb S' 3
December 8, 1992
Decer B, %a
Page 3
Should the Board and Council choose to broadcast the meetings as
in-house productions, the staff of both entities would recommend
the following arrangement regarding personnel and equipment:
PERSONNEL: Each organization would be responsible for
selecting its own technical director and camera operators.
The technical directors would be responsible for the coordina•
tion of shared equipment between the City and the school
District, along with their respective directing duties.
Camera operators may be selected from existing staff or hired
k as part-time administrative interns. The School District's
Public Information Officer and the City's Director of Communi-
ty Services will coordinate program administration.
E UIPMENT; Utilizing the previously mentioned grant funds,
the City will purchase two light-sensitive threw-chip cameras,
tripods and cabler at a cost of $26,494. The City will share
these two cameras and associated equipment with the school
District. Each organization will be responsible for providing
a switcher unit ($4,595), a color T.V, monitor, two black and
white T.V. monitors and any supplemental lighting equipment
that may be required. The City will also provide reasonable
access to any studio equipment and Lext scanner equipment for
post production and community bulletin board operations.
As a result of the agreement to share the camera equipment, the
School District has indicated its agreement to establish an
equipment replacement fund and to provide for equipment mainte-
nance. The current value of the cameras is $11,900 each and both
pieces of equipment carry a seven year useful life. A simple
amortization schedule over seven years would involve annual
payments into the replacement fund of $1,700 per canera or $3,400
total. Although there is no annual maintenance contract available
for such equipment, approximately $750 per year should be budgeted
for repair and maintenance purposes, After the cameras have been
replaced through the utilization of the replacement funds, the City
would consider thn items as jointly owned and would share in any
maintenance expenses and contribute equally to future replacement '
funds.
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Agendaltdrt_~_ _ _ Agenda teM,_AV_&1
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BROADCASTING Ri 'el
December 8, 1992
Page 4
In conclusion, we would also point out that some conflict could
occur relative to shared equipment usage given the School Board's
and the Council's current meting schedule. Although the Council
normally conducts its meetings en the first and third Tuesdays of
the month and the School Board normally meets on the second and
fourth Tuesdays, schedule changes occur occasionally. it is
probable that during the course of a year, regular meeting
` schedules would change due to holidays, conferences and special
events. In order to avoid such conflicts, it would appear prudent
1 for one of the organizations to change its regular meeting date.
The School Board has expressed a willingness to change its regular
time from Tuesdays to another evening. such action on their part
would eliminate this potential conflict and lessen the probabili-
ties that broadcast of council meetings would take precedent over
the broadcast of School Board meetings.
We are hopeful that this approach will meet with your approval.
Should you have any comments or questions on this matter, please
let us know.
Respectfully submitted,
Susan McGuire
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Bill Angelo
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F RC;M Mayor and Members
of the City Cco.utuil
Lloyd V. Harrell, City Manager
DATE; March 16, 1993
SUBJECT: Ordinance Amending Chapter
Ordinance 13 of Lhe Ccde ,f
~NIATIS~t~
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ordinance, Staff recommends the adoption of the
SUMMARX! This ordinance will allow us to cover all eating
and drinking establishments where food or beverages are
served or provided to the public, as well as those kitchens,
Commissaries, and similar food preparation establishments
that are used for the final preparation of food for service
to the consumer elsewhere, We have tried to develop an
ordinance that is based on uniform, nationally accepted
public health principles and standards,
The ordinance will adopt, by reference, those parts of the
Texas Health and Safety Code pertaining to food and food
service, This will allow the City of Denton to bring its
enforcement activities on line with other ngencies throughout
the state. Our current ordinance was enacted In 1966 and has
since become outdated, and thus nearly valueless as a
regulations statement. The proposed ordinance covers the
areas of environmental health concern in specific detail,
setting definite standards, staff believes this will b,anE+fitSy
the business operator, The standards set forth are high
enough to protect the consumer, but are not so restrictive as
to be an undue burden to the business operator.
The current ordinance does provide for the issuanco of
written notice to o violator that they are required to a n
in court. However, since the current ordinance has found to
be so lacking in enforceable standards we have p"ear
this. The proposed ordinance will allow us to eifectivelying
utilize this written notice option when it becomes necessary, r
Additionally, the Proposed ordinanco will allow for the
revocat,i,on of a permit to operate. The permit will to
revoked if the e•stsblishment has proven tc be an ongoing
serious threat to public h,.alth and al.1 other measures to
work with the operator .,f the business to correct w&?
co:aidit.lon have failed. Tho pror.,.ss for appealing th_ permit
revocation hcgE been included in ttu, proposed c.rdinhnc n.
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Agenda heft.
RcPort Format.
Am._ndment-Clrapter 15 - _
Page
The broad objective r,, s f this ordinance is the protection of
the health of the conumer, More
ordinance is specifically, however, designed to accomplish the following, this
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Sanitation%tandard3 have beer, sat forth tv
redu.e to a minimum the opportunity f~,r
microorganisms to gain entrance and multiply
in food. Those organisms that may c.auae
communicable disease and foodborno illness
merited primary consideration.
2. F~ss~~t3~s4sltt ~QS.ss
a food is sound when it is undrmaged~iclean,
free frc,m adulteration and contamination, snd
otherwl3e suitable for hurnan consumption,
3. Mnl .orLowagr exo nt j
to be served aPpe ~`t"- -people expect 1
been prepared and handled ingagsanitary manner.
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~A~KStB4~JJ~Ir_ When the City took over Environmental health
responsibilities from Denton County, we adopted their
policies and proccrduros in an effort to maintain continuity
in the program. Our current food establishment
needed to be rewritten no that wo would come on ordinance
practices prescribed bR tho State, on lane with the
While round regulations aro Aasential for an effect
protection program, a more important aspect, is thaive ford '
compliance with such regulations by food establishment to-day da-
operators. In the development of the technical provisions of
this ordinance, such as requirements to be met during
facility rfamodeling, every effort h,-is been made to set forth
Public health 58feguards that are practicable,
The Environmental ifealtl, staff will be
Denton Restr,urant Associatior, lea9ershipontMarcht18, 199`
p
They will t,pdatu us on the results of tha* ,sting during the
Couricil work session
IN
Report Format
Arnendment-Chapter III
Page -,j- Agenda Ito
We
FR f:~fS• PAkT NT-Q4. QB44?P$-AfFEQTEp_
Environmental Health Division
Hood Service Establishment Operators
rJ The General rublic
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SAL 1t1P95+ None
RESPECTFULLY SUBMITTED:
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4dLlY'-4V--Merreif
CitY Manager
Prepared by:
Nonie Malo-Kull
Fnvironmental He th Services Manager
Approved by:
Executive Director, ,
11
Municipal Serviaas/E;conmomic Development
AQerdA No 3 -a /a
a0e~+de lterrL ~`,3
(ate ~3= 3
March Is, 1893 q
EAECUTIVE SUMMARY
Food and Food Service Establishment
Ordinance Acendment
The current
the Cod City of Denton "Food end Food Service Establishment"
e of Ordinance was written In 1966,
numerous change, in the industry, Since that section of
reflect these changes Althou Federal and state time, there have been
been modified adhere Al t federal our procedures an laws were updated to
our local ordinance validate our 1 operating guidelines and state lawn, we have have
ordinance would accom practices. The never amended
plush this. proposed food service
This ordinance amendment will not change the f( Ts 12 months each ea for an establishment that
created Year or for s temporary business.
a new rateqory which is a "seasonal fstabllshmen However
Hickory Farms, etc Under the > we have
required to current ordinance, these businesses havehbeen
pay the same fee as a business that operated all year long, T
Proposed ordinance reduces this Permit Fee to $25.00. other
effected. No he
fees will be
Any food establishments wanting to operate in the City
certain procedures in order to obtain a permit. The t,of Denton
process for g a larger establishment can best be must follow
Old Country Buffet in ypical steps in the
Y Buffet as an example, explained by y using the
When the Old County Buffet plans were
Division, they were also threat bv. submitted to the Building Inspections
September 26, 1 At that time Environmor'ta1 Health, This was done on
Environmental Health had were made an writing. Af er the ans were
for modifications which
and construction began, the Environmental Health ADivision conducted periodic
Inspections to insure that construction speclficaticns werelbeinme approved
Near the end of the construction 4 met,
an application for a Health Permitewith,Environmental Hfalth,resiaurant filed
Fee (which was based on their square footage) was two-hundred dollars
($200.00), and the Permit Fee was two-hundred thirty Application
inspections. Y dollars ($230.04), As
construction neared completion, Envirorimerta) Health conducted the final
The permit to operate was Issued on February 15, 1993,
In summary, the process described above Is now used for '
business In Denton, regardless of its size, any new food service
o An Application Fee is a flat one-hundred dollars ($100,00), plus
one dollar ($1.00) per 100 square feel of floor space,
o Permit Fees are based on the number of people employed b
business, The minimum Permit Fee Is Plxty-five doltare
and the maximum is two-hundred thirty dollars by the
f
CITY OF DENTON
ENVIR
ONMENTAL Food Service Establishments-= .
HEALTH
SERVICES Inspection Report
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WATER FOLLOW-UP yy1 RATING SCORE*- 1
on i 10vta Y'a nol I too untie' Dell I a
Inepeded by:
Anal Naltl hnN Fir. I- Received ey
Ainrti: _ /^l
e ~rql Items ReQuiring tmmed me Attention
4 JJ Otil
r I
i
C ~lr~.llr
Agenda N
Agenda ltilr
W6 9,3 Chapter 13 Cy 3
FOOD AND FOOD F.STARLISILMENTS•
Art. I. In General, 13.1-13.25
Art, IT. Food Establishments, 13.28-13.45 j
Art. III. Regulation of Food Handlers, 13.46-1366
Div. 1, Generally, 1346-13.60
Div. 2. Permit, 1361-1386
ARTICLE I. IN GENERAL.
Sacs. 13.1-13.25, Reserved.
ARTICLE 11. FOOD ESTABLISILMENTSt
Sec, 1326. Definition, l
As used in this article, the term "food establishment" means any restaurant, cafe, hotel 1
dining room, grocery store, meat market, soft drink stand, hamburger stand, ice cream wagon
or any place where food or drink for human cunsumption is offered for sale, given in exchange
or given away,
Code 1966, § 11.201
Cross reference-Definitions and rules of construction generally, § 1.2.
Sec. 1327. Permit required.
tai It shall be unlawful for any person to operate a ftvd establishment in the city without
a permit under the terms of this section,
ibl Every person desiring to operate a food establishment shall first apply to the city
health officer fur a permit for such establishment.
fcl Upon receiving an application for a food er,lablihment permit, the city health officer
shall Inspect the premises where the busi less is to be conducted, and if such premises complies
'Cross reference -I lealth and human services generally, Ch. 14.
State law references -Selz ure and destruction of +,mw'iolesome food, Vernon's Ann.
C.C.P. art, 0.06; unwholesome food, drink or medicine, V,T.C,A„ Penal Code § 32.42; milk
grading and sanitation, V,T.C.A., tfealfh and fSafety Code 143&001 et seq., Texas Food, Drug
service establishments, V T.C.A., Health and Safety Code 4§ 431.001 et searegulation of food
tCross reference-Smoking in public places, § 14.86 et seq.
Slate low reference-Regulation of food service establishments, V.T,C,A , Health and
Safety Code § 437.001 et seq.
sure. No, 1 925
i
~andaNo
Agendaltem_ 3
We § 1327 DE\TON CODE
with the terms of this article and Aith all requirements of the zoning ordinances, other 1
ordinances and state law, he shall issue a permit for such food establishment. 1
rd~ The city shall charge the fees established by the city council for each restaurant, j
grocery store and day care center inspection conducted by the health inspectors
Code 1966, § 11.21; Ord. No, 90.147, § 1, 10.2.90!
Sec. 13.28, Authority to Inspect.
The city health officer may inspect any and all things offered for sale, sold, given in ,
exchange or given away for use as food or drink for human consumption, and he shall have the
authority to enter any food establishment in the city, at any reasonable time, for the purpose
of such inspection.
Code 1966, § 11,23
Cross reference-Inspection and abatement warrants, § 1986 et seq.
State law reference-Inspection warrants, Vernon's Ann. C.C.P. art. 1S 05
Sec. 13.29, Authority to close for unse nilary conditions.
fw Posting of notice. Whenever the city health off cer finds any building or place used for ~
the storage, manufacture or sale of food or drink for human ccnsumption or the methods or
practices used therein to be so filthy or unsanitary as to endanger the public health, it shall '
be his duty to post a notice of such conditions at the entrance of such building or place and to
maintain the same until such conditions or practices have been removed or abated
tbi Closing. The Oil- health officer shall close any building or place described in this
section and prevent its use for the storage, manufacture or sale of food t,r drink for human
consumption until such place or building is put in such condition and so used as to eliminate
the danger to the public health. I
Code 1966, § 11.24)
Sec, 13.30, Drive-ins,
fat Accumulation of litter prohibited. It shall be unlawful for the owner or operate: of a
drive-in cafe, refreshment stand or other eating establishment catering to customers who
remain in their automobiles to permit or all,)w the premises upon which such business is i
located or the adjacent sidewalks or streets to become littered with loose paper, paper cups,
paper straws, paper napkins and like items thrown or dropped upon such premises, sidewalks
or streets by customers of such establishments.
bi Removal of litter by ou ner or operator, It shrill be the duty of the owner or operator of '
any business establishment mentioned in this section to keep the premises, adjacent sidewalks
and streets free and clean of loose paper, paper cups, paper straws, paper napkins tnd like
items thrown or dropped by customers of such business, and it shall be his further duty to
prevent such article from being blown upon the premises of others, and any such owner or
operator who shall fail to keep his premises, adjacent sidewalks and streets free and clean of
Supp NO i 926
1
tole
FOOD AND FOOD ESTABLISHMENT'S § 1361
=_ucth litter nr who shall permit or allow such articles to be blown upon the premises of another,
shnli be guilty of a 1'lolatlon or this section.
Coda 1966, § 11-25.
Cross references - filtering generally, § 21.5; solid waste generally, Ch 24.
Secs. 13.31-13.45. Reserved,
ARTICLE 111. REGULATION OF FOOD IIANDLERS•
II
DIVISION 1. GENERALLY
Sec. 13.46. Enforcement.
w The director of the city environmental health services division or any of his designated
employees, each referred to as a "health officer," shall have the responsibility and power to
enforce the provisions of this article within the confines of the city.
b! Whenever a health officer determities that there has been a violation by any person of
this article or of a sate law for which the officer has the responsibility or authority to enforce,
the health officer may prepare a written notice for the person to appear in court. Such notice
shall contain the name of the person, the violations committed by such person and the time
and place when and where such person shall appear in court. Such notice shall have a place
for such person to give his written signature promising to appear in accordance with Its terms,
'ci It shall be unlawful for any person giving his written promise to appear in court, by
signing the written notice prepared by the health officer, to fail to appear in accordance with
its terms.
f Id, It shall be unlawful for any person to knowingly give the health officer a false name
when such officer requests the name of the person for purposes of enforcing the provisions of
this article.
~Codc 1966, 1 11.42,
Secs, 13.47-13.60, Reserved,
DIVISION 2, PEFLNtITt
Sec, 13.61, Required.
iaE Every person owning, employed by mr otherwise connected with a food service estab-
lishment, whose work brings him Into contact with the handling of food, utensils or food
service equipment, shall upon the date of employment bo the holder of a current valid food
handling permit issued by the city envlronmenlai health services division.
'State law reference-Regulation of food service employees, V,T.C A., F{ealth and Safely
Code 1438.031 et seq. 1
tCross reference-Lirenses, permits and business regulations generally, C'-i 16,
I
927
40003 No
AgepdaIlrL:L
13 61 DENTON cone fb16_ j,3
b No person w ho nwns, manages or otherwise controls any food service establishment
shall permit any per=nn to be employed therein whose work brings him into contact with the
handling of food, utensils or food service equipment who does not possess a current valid food
handling permit is ,ued by the city environmental health services division.
Cade 1966, 5 11.36
Sec. 13.62, Attendance at food handling school required.
In order to receive a food handling permit, every person owning, employed by or otherwise
connected with n food service establishment whose work brings him into contact with food,
utensils or food service equipment shall be required to attend a food hrt;dling school held by
the city environmental health services division before a food handling permit will be issued,
This requirement must be met upon expiration of a permit and upon application for a new
permit. Each applicant shall furnish a current negative test, for tuberculosis, either skin test
or chest X-ray, in order to receive a food handling permit.
Code 1966. § 11.311
Sec, 13.63. Posting.
It shall be unlawful for any person to operate or manage any public eating place or any
place where food or drink is manufactured, processed, prepared, dispensed or otherwise han•
dled in the city, unless ceety person handling food or drink in such business has a valid food
handling permit frori the city environmental health services division posted in a conspicuous
place on the premises.
~Code 1966, 4 11.38)
See. 13.01, Uurrtlon.
Any permit granted under the provisions of section 13.61fa1 of this article shall remain in
full force and effect twelve 1121 months from the date of issuance unless sooner revoked for
cause.
Code 1966, $ 11.391
Sec. 1366. lontransferable.
Every permit issued under the provisions of this division shall be nontransferable.
1Code 1966, f 11.40;
See. 13.66. Revocation.
tai The health officer of the city environmental health services division shall have the
right to deny Issuirg or revoking a valid food handling permit at any time the holder of such
card becomes or Is suspected of being:
11i lnrected with a disease in a communicable form that can be trantaitted by foods;
,21 A carrier of organisms that cause such a disease; or
1128
Agenda l1 ~ • ?
FOOD AND FOOD ESTABLIS1fti1ENTS X18-- -3.66_ ^
3 While afflicted with a boil, an infected wound or an acute respiratory Infection shall
work in a fuod service establishment in any capacity in whi:h there is a likelihood of
such person contaminating food or food-contact surfaces with pathogenic organisms or
transmitting disease to other persons,
bi Such revocation shall remain in effect until a licensed physician certifies freedom of
communicable disease
(Code 19,16, § 11-41)
E
(The next page is 9791
929
i
f
jt\wgdocs\,-;rd\food.o
~+genda tic
Agerdallen)_.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 13 "FOOD AND FOOD SERVICE ESTABLISH-
MENTS" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS;
PRESCRIBING RULES ON FOOD SERVICE SANITATION; PROVIDING DEFINI-
TIONS; REQUIRING PERMITS FOR THE OPERATION OF FOOD SERVICE ESTAB-
LISHMENTS, AND FOOD STORES; PROVIDING FOR INSPECTION OF SUCH ESTAB-
LISHMENTS; PROVIDING FOR INCORPORATION BY REFERENCE OF THE TEXAS
DEPARTMENT OF HEALTH, DIVISION OF FOOD AND DRUGS "RULES ON FOOD
SERVICE SANITATION" AND "RULES ON RETAIL FOOD STORE SANITATION";
PROVIDING FOR REGULATION OF FOOD HANDLERS AND OF MOBILE FOOD UNITS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; PROVIDING A REPEALING
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
i
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
~TION I. That Chapter 13 "Food and Food Service Establish-
ments" of the Code of Ordinances of the City of Denton, Texas, is
hereby amended to read as follows:
Chapter 13
Food and food Service Establishments
ARTICLE I. IN ONXIIAL
~I Bee. 13-1. Rules on Food Service amnitation • Adopted;
Coupliance Procedures.
The Rules on Food Service Sanitation 229.161 - 229.171 of the
Division of Food and Drugs of the Teraa Department of Health, as i
adopted by said board on November 20, 1977, and the Rules on Retail
Food Store Sanitation 229.231 - 229.239 of the Division of Food and
Drugs of the Texas Department of Health, as adopted by said board
on August 17, 19850 are hereby adopted as the minimum standards for
food service operations and food stores, respACtively, within the ,
corporate limits of the City of Denton, Texab. Wherever in said
rules the words "municipality of " appear, they
shall be understood to refer to the City of De:tton and the words
"regulatory authority" shall refer to the City of Denton. A copy
of these rules shall be kept on file in the office of the City
Secretary.
Any revision, addition, or deletion to the sanitation rules by
the Texas Department of Health or the United States Food and Drug
Administration shall be deemed to be an amendment to this article
and adopted as of the time it goes into effect or is published.
wda No ageIda ~10PL_ _ -=3 .
Sto. 13-2. Definiti0na.
(a) Administrator shall mean the Administrator of the Division
of Environmental Health Services of the Department of Municipal
Services of the City.
(b) Catering Operation shall mean a food service establishment
which prepares or serves food on premises in control of another.
(c) Catering Truck shall mean any vehicle used to transport
food which has been fully prepared (i.e. cooked, packaged, etc.) in
a commissary.
(d) Commissary shall mean a catering establishment, restaurant,
or any other place in which food, food containers, or food supplies
are kept, handled, prepared, packaged or stored. Comnissary shall
not mean a residential kitchen, but constitutes a commercial food
service operation which is operated and maintained pursuant to
state rules and regulations.
(e) Critical Violation shall mean violation of 4-point or 5-
point weighted items on the inspection report fora utilized by the
City's health officer.
(f) Extensive remodeling shall mean any change in the structure
of a food preparation area or any change in the establishment which
would increase or decrease size requirements for the food prepare-
Lion or food storage areas as specified in secs. 11-24 (e) and (f).
It does not include:
(1) expenditures for the replacement of moveable equipment,
or
(2) remodeling which does not affect the construction or
operation of food storage or food preparation areas or
areas used to store or clean utensils and equipment used in
food storage or food preparation.
i
(g) Food Service Establishment shall mean any restaurant, cafe,
hotel dining room, grocery store, meat market, soft drink stand,
hamburger stand, ice cream wagon, day care center, or any place j
where food or drink for human consumption is offered for sale, ,
given in exchange or given away. The term does not include the
following operations and establishments, provided that the opera-
tions do not expose the public to a substantial and imminent health
hazard as determined by the city health officer:
(1) Organizations that serve only their own membership and
immediate guests and other structured groupn of persons who
gather occasionally for fellowship and society that provide
the food from amongst their membership.
PAGE 2
f
1
!M
r
9 '
IWO
(2) An establishment which handles only fresh unprocessed
fruits, nuts, and vegetables and which operates from a unit
which is mobile in nature.
(3) The sale, distribution, or service of food at an event,
party or other special gathering that Is not open to per-
sons other than the members or invited guests of the spon-
sor, provided that there is no public advertisement of the
event, public solicitation of funds at or for the event, or
participation by the general public in the event.
i
(h) FRP wallboard shall mean fiberglass reinforced polyester
wallboard of a thickness of 3/32 inches or greater.
(i) Health officer shall mean a sanitarian or health inspector
of the Environmental Health Services Division of the Department of
Municipal Services of the City of Denton, Texas.
(j) Health or Regulatory Authority shall mean the Environmental
Health Services Division of the Department of Municipal Services of
the City of Denton, Texas.
(k) Heavy Food Preparation shall mean any area in which foods
Ih are prepared utilizing a grill, griddle, deep-fat fryer, commercial
type ovens, or any similar food preparation equipment; or any area
subject to flooding type or wet cleaning procedures due to the cut-
ting or processing of meat, poultry, fish or pork. Heavy food pre-
paration includes, but is not limited toi cafeterias, fast food
restaurants, full service restaurants, pizza preparation, donut
preparation, meat and fish markets, ice cream parlors, and may
include day care centers.
(1) Light Food Preparation shall mean any area in which foods
are prepared exclusive of the use of fryers, grills, or other
similar equipment. The term is usually limited to the preparation
of hot dogs, sandwiches, salads, or other similar foods and foun-
tain type cold drinks. Light food preparation includes, but is not
limited to, sandwich shops, limited menu concession stands, and may
include day care centers.
(m) Mobile Unit shall mean a vehicle-mounted food service es-
tablishment or a food service establishment pulled behind a vehicle
so as to be readily moveable, provided that foods served from these
units are actually prepared (i.e. cooked, packaged etc.) on or in
the unit.
(n) No Food Preparation shall mean any area in which foods are
provided pre-wrapped, from a source approved by the Texas Depart-
ment of Health with microwave oven type heating being the maximum
handling involved. No food preparation is limited to prepackaged
sandwiches or similar foods, candies and containerized beverages,
PACE 3
ACand4No
1
~ L
(o) Potable water shall mean water which has been obtained from
a state inspected facility which has been designated as fit for
hunan consumption, or water from any other source which has been
tested by the City of Denton water laboratory and has been desig-
nated as having met state standards for water use for human con-
sumption.
(p) Provisional Pernit shall mean a permit issued for a term
not to exceed thirty (30) days to allow management of a food estab-
lishment to establish compliance with the requirements of this
Chapter while correcting minor infractions.
(q) Seasonal food service establishment shall mean any food
service establishment which operates from a fixed location for a
period not to exceed four (4) consecutive months provided that such
operation shall occur only once during any twelve (12) consecutive
month period.
i
(r) Smoker shall mean any unit, whether mobile or fixed in
nature, which uses wood or wood products to provide smoke for the
purpose of slow cooking or partially cooking meats intended for
human consumption, whether such unit is inside of an enclosed
building or in an outdoor area.
(s) Temporary food service establishment shall mean any food
service establishment which operates from a fixed location for a
period not to exceed fourteen (14) consecutive days.
(t) Wholesome shall mean in sound condition, clean, free from
adulteration, and otherwise suitable for use as human food. Food
which is packaged shall be deemed wholesome if it meets the fore-
going requirements and it is used prior to the expiration date
marked on the package.
Sao. 13-1. Distribution of medicine, drugs, and injurious
food products.
It shall be unlawful for any person to distribute or cause to
be distributed for any purpose any medicine, drugs or injurious
food products or substances within any yard, upon any porch, at any
residence, within or upon any vacant lot or building, or upon any
public street, sidewalk or alley within the corporate limits of the
city; provided, however, that nothing herein shall be construed to
prevent the delivery of medicines or drugs where the same are de-
livered upon order or sale from some reputable person or business
and the delivery is made by some responsible person.
8401 11-41 Destruction of unwholesome food authorised.
Whenever the city health officer discovers any food or drink
displayed for sa14 or kept for sale, which is unwholesome or unsafe
for human consumption, he shall order the same destroyed or re-
moved, and the owner or person in responsible charge thereof shall
PA.GE 4
immediately destroy or remove such unwholesome or unsafe food at
his own expense.
sso. 13-5. sale or other disposition of unwholesome food
prohibited.
(a) It shall be unlawful for any person, association of per-
sons, firm or corporation to offer for sale, sell or give away any
food or drink for human consumption which has been pronounced by
the city health officer to be unfit for such use.
(b) A food service establishment shall not use, serve, sell or
distribute food products in hermetically sealed containers that:
(1) have severe dents on the rim or seam;
(2) have deep rust spots; or
(3) are swollen or leaking.
Sec. 13-6. Registration of food service establishments
based outside city.
(a) A food service establishment or commissary operating from
a facility located outside the city that sells, distributes or
transports food inside the city may not conduct operations inside
the city unless the food service establishment:
(1) registers with the Administrator on a form provided for
that p::rpose;
(2) pays to the city a registration fee of $10 and other
applicable fees; and
(3) furnishes the health officer with:
(i) a certificate from a health authority having juris-
diction over the establishment indicating that th6 es- ~
tablishment complies with applicable health laws; and
(ii) other information that the Administrator deter-
mines is necessary to enable the Administrator to en-
force the provisions of this Chapter or otherwise
protect the public health or safety.
Beo. 13-7 thrOUgh 13-19. Reserved.
1
PACE 5
i
ARTICLE II. FOOD SERVICE ESTABLISHMENTS I
Boo- 13-20. Permit Required.
- (a) It shall be unlawful for an
sons, firm or corporation to operate apfood nservice iestablishment
in the city without having obtained a permit under the terms of
this section.
(b) Any person desiring to operate a food service establishment
shall make written application for a permit at the office of the
Environmental Health Services Division. The application shall in-
clude the applicant's full name, street and post office address,
and whether such applicant is an individual, firm, or corporation,
and, if a partnership, the names of the partners, together with
their addresses shall be included; the location and type of the
proposed establishment; and the signature of the applicant or ap-
plicants. If the application is for a temporary or seasonal food
service establishment, it shall also include the inclusive dates of
the proposed operation. ,
Boo. 13-21. Application tee.
(a) The applicant shall submit the applicable nonrefundable fee
as set forth in the following table with his application:
I
For a Restaurant: $100.00 plus $1.00 per 100 square
feet
For a Grocery store: $100.00 plus $1.00 per 100 square
feet
For a Day Care Center: $100.00
(b) Application fees for seasonal food service establishments
shall be the same as those for any other similar full time food
service establishment,
(c) An applicant shall riot under any circumstances be entitled 1
to a refund of application fees after an application has been
filed.
i
sec. 13-22. Permit Issuance.
(a) Upon receipt of an application and payment of the applica-
ble fee, the health officer 3hail make an inspection of the pro-
mises where the business is to be conducted. If the premises
comply with the terms of this article and with all requirements of
the zoning ordinance, other ordinances and state law, a permit
shall be issued to the applicant upon payment of the permit fee.
PAGE 6
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An applicant shall submit the applicable permit fee as set forth in
the following table before a permit will be issued:
For a Restaurant:
Number of
E~n~lovg~~ Amount
0-5 $ 65.00
6-10 85.00
11-15 105.00
16-20 125.00
21-25 160.00
26-30 180.00
31-35 200.00
36-40 220.00
41 or more 230.00
For a Grocery Store;
Number of
Employees Amount
0-5 $ 65.00
6-10 85.00
11-15 105.00
16-20 125.00
21-25 160.00
26-30 180.00
31-35 200.00
36-40 220.00
41 or more 230.00
For each Day care Centers $35.00 plug $1.00 per
child of licensed capaci-
ty
For a seasonal establishments $25.00
For a temporary establishments 10.00
A temporary food service establishment which op4arates more than
once during any consecutive twelve (12) month period shall pay a
permit fee for each separate period of operation.
Administrator shall (b) In the event a food permit application is rejected, the
notify the applicant The notice shall specify thereas ns why the permit is
denied. The decision of the Administrator is final unless the
applicant shall file an appeal as provided in section 13-28. The
decision of the Administrator shall continue in effect until the
final decision of the Committee.
PAGE 7
-'T
I
an existingmfoodsservicet establishment be transferable. A person who shall not operate acquires ies-
tablishment without obtaining a new permit within thirty (30) days
from the date of the change of ownership.
(d) The manager of each food service establishment shall dis-
play a valid permit in public view in the establishment. Will be from ( the permit
of issuance ooex except at at period vseasonal months
provisional permits shall expire in accordance with their terms.
(f) Acceptance of a permit issued by the administrator consti-
tutes agreement by the establishment to:
(1) comply with all conditions of the permit and all ap-
plicable provisions of this chapter; and
(2) allow the lawful inspection of its facility and
operations.
800. 13-23. Temporary rood 9erviae Establishments.
(1) A temporary food service establishment that does not comply
with other requirements of this chapter or other city ordinances
applicable to food service establishments is permitted it:
(a) the health officer finds that the operation will not
result in a health or safety hazard or a nuisance; on is whichhmaypinclude onelorimimoreted
location;
(c) the operation is either:
(i) limited to a time of not more than 14 consecutive
calendar days; or
(ii) operating under a city park and recreation depart-
ment that has been approved by the City; and '
(d) the food service establishment complies with the other
requirements of this section.
(2) The term temporary food service establishment shall not
include concession stands which operate at a fixed location in con-
junction with scheduled, community-based sporting or recreational
events provided: servin
lly foods shall bThe e restrictedo toaonly those pro-cooked, pr hazardous
potentially hazardous food products that have been properly pre-
pared in accordance with all Texas Department of Health and local
PAGE 8
i
requirements and are properly stored, handled, and served in the
unopened, original package from said concession stands.
(i) In such instances where potentially hazardous
foods are served from a concession stand, these shall
be evaluated on a case by case basis and a determina-
tion shall be made as to xequirements.
(7) A temporary food service estab'.fshment shall not:
(a) prepare, serve, sell or distribute any food not
approved in advance by the health officer;
(b) prepare potentially hazardous food; except, that the
establishment may prepare potentially hazardous food that
is approved in advance by the health officer and does not
require substantial preparation prior to consumption (in-
cluding, but not limited to, a hamburger or frankfurter) or
may prepare potentially hazardous food that is:
(i) obtained by the establishment in individual I
servings;
(ii) stored at a temperature of 450 Fahrenheit (7' Cen-
tigrade) or below or at a temperature of 1406 Fahrenhe-
it (600 Centigrade 9r abeyj); and
(iii) served to a consumer in the container in which it
was originally packaged;
(c) permit consumption of ice or contact of ice with food
unless the ice ist
potable obtained from a source that is approved as
(ii) in chipped, crushed, or cubed form; and
(iii) obtained in single-use plastic or wet-strength ,
paper bags that are sealed by tre manufacturer and
unopened until used by the establishment;
(d) store food in contact. with water or undrainsd ice;
except that wet storage of a beverage in a pressurized
container is permitted if the water used:
(1) contains not less than 50 milligrams per liter of
available chlorine; and
(ii) is maintained in a clean condition;
(e) use water from a mource that is not approved as potable.
PACE 9
Agenda No
Apendalte!rL_
(h1e__,1?3
(4) A food service establishment shall:
(a) protect each food and food-contact surface from
contamination;
(b) install equipment in a way that permits cleaning and
sanitizing and that is not likely to cause adulteration of
food;
(c) provide hot and cold water in a quantity sufficient to
maintain personal hygiene of employees and the cleanliness
and sanitation of the establishment;
(d) provide a convenient handwashing facility with soap and
individual paper towels for persons preparing and serving
food; and
f (e) comply with liquid waste disposal ordinances and
j regulations.
(5) The design and structural material of a facility that
houses a temporary food service establishment are subject to
approval as safe by the health officer. A facility must be con-
structed in a way that protects the establishment from entrance of
outside elements, including, but not limited to, insects, rodents,
dust, or weather. Floors must be constructed of concrete, asphalt,
tight wood, or other similar, easily cleanable material kept in
good repair. If the temporary food service establishment is out-
doors, each food preparation and serving area must have a fire res-
istant overhead covering that protects the interior of the facility
from the weather.
(6) The size of a counter service opening must be no larger
than is necessary for the particular operation and is subject to
approval as safe by the health officer.
(7) A temporary food service establishment shall comply with
Section .003 (Food Care) of the Texas Rules on Food Service San-
itation and any other requirement that the Administrator determines
is necessary to protect the public health or safety and imposes as
a condition to the lawful operation of the establishment.
Geo. 13-24. Plans and Porwits.
(a) The owner shall submit plans and specifications for con-
struction of work areas intended for use in the operation of a food
establishment, and the location, size, and type of fixed equipment
and interior finishes of such areas to the City of Denton Environ-
mental Health Serrices Division for approval before work is begun,
when a food service establishment is constructed, or!
(1) the nature of the operation changes;
PAGE 10
I
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V
(2) the establishment is extensively remodeled; or
when an existing structure is converted for use as a
food service establishment.
(b) when in the opinion of the Administrator, no imminent
danger to food or other specified hazard exists, the Administrator
may issue a provisional food service permit for a period not to
exceed thirty (30) days. A provisional permit is subject to re-
vocation if corrective measures are not incorporated into such
facilities within the time prescribed as designated in the permit.
(c) The Administrator's written approval of plans and specifi-
cations for construction of a new facility is valid for eighteen
(18) months after the date of approval, or until construction is
completed and a food establishment permit is issued, whichever
comes first.
(d) The Administrator's written approval of plans and specifi-
cations for extensive remodeling of an existing facility is valid
for 6 months after the date of approval or until construction is
completed and a food service establishment permit is issued, which-
ever date occurs first.
(e) In a food service establishment, the food preparation area
shall be of adequate size and shall constitute a minimum of twenty-
five percent (25%) of the total square footage of the occupied per-
mitted area.
(f) In a food service establishment, dry storage areas shall be
of adequate size and shall constitute a minimum of fifteen percent
(15%) of the total square footage of the food preparation area.
(g) The minimum requirements specified in subsections (d) and
(e) of this section shall be applicable to all establishments for
which building permits are issued after
Boo, 11-25. Expiration and Renewal of Permits.
(a) A permit lapses and is void unless the applicable permit
fee is received by the Environmental Health Services division of
the City of Denton before the expiration date of the existing
perrit.
(b) A permit lapses and is void if the food service establish-
ment operating under the permit constructs a new facility or
changes ownership.
(c) No permit shall be renewed unless the applicant has paid
the permit fee and any reinspection fees which have been assessed
during the previous year.
FACE 11
[,its . _ 3 3
d
Sec. 13-26. Revocation of Permit.
The Environmental Health Services Administrator may, after pro-
viding opportunity for a hearing, revoke a permit if the Adminis-
trator determines that the manager or owner of a food service es-
tablishment has:
(1) interfered with the health officer in the performance of
his duties; or
(2) been convicted twice within a twelve (12) month period for
a violation of this Chapter; or
(1) failed to comply with a hold order or a condemnation order;
or
(4) failed to comply, within the time specified, with an order
to correct or abate an imminent and serious threat to the
public health or safety; or
I
(5) intentionally or knowingly impeded a lawful inspection by
the health officer; or
(6) been closed two or more times within a twelve-month period
for conditions that constituted a serious and imminent threat
to public health.
Prior to revocation, the health officer shall notify the holder
of the permit, or the person in charge of the food service estab-
lishment, in writing of the reason for which the permit is being
revoked and that the permit shall be revoked at the end of five
(5) days following service of such notice unless a written request
for a hearing is filed with the City by the holder of the permit
within such five (5) day period. If no request for hearing is
filed within the five (5) calendar day period, a final notice of
revocation shall be served. Upon receipt of the final notice of
revocation, the food service establishment shall immediately cease
operation and the permit shall be considered finally revoked.
Sao. 13-27. Service of Notices.
A notice provided for in this Article is properly served when '
it is delivered to the holder of the permit, or the person in
charge of the food service establishment, or when it is sent by
registered or certified mail, return receipt requested, to the last
known address of the holder of the permit. A copy of the notice
shall be filed in the records of the city Secretary.
Sac. 13-25. Appeal from Den'.al or Revocation of a Permit.
If the health officer denies the issuance of a permit or a
permit is finally revoked, the officer shall send the applicant or
permit holder by certified mail, return receipt requested, written
PACE 12
I
AOeedallerrt.,_
bale
notice of the denial or revocation and of the right to an appeal.
The applicant or permit holder may appeal the decision of the
health officer to a hearing committee by giving written notice to
the Administrator within five (5) days of the receipt of the denial
or revocation notice.
Sac. 13-29. Hearing.
A hearing of the appeal shall be conducted by a committee
composed of three (3) members to be appointed by the City Manager.
One (1) member shall be selected from the membership of the Denton
Restaurant Association, one (1) member shall be a resident of the
City and one (1) member shall be the Director of Municipal Ser-
vices. The hearing shall be held at a time and place designated by
the City Manager. The Committee shall hear and consider evidence
offered by any interested person. Based upon the recorded evidence
of such hearing, the Committee shall. sustain, modify or rescind any
notice or order considered in the hearing by a majority vote. The
Committee shall provide a written report of the hearing decision to
the holder of the permit.
The decision of the Committee is final as to administrative
remedies, and no rehearing may be granted. Once the decision of
the Committee is final under this section, the applicant or permit
holder may appeal the decision to the state district court or court
of appropriate jurisdiction.
Bee. 13-30. Application After Revocation.
Whenever a revocation of a permit has become final, the holder
of the revoked permit may make written application for a new
permit.
ARTICLE III. INSPECTION
see. 13-31. Authority to Inspect.
(a) The health officer may inspect any and all things offered
for sale, given in exchange or given away for use as food or drink
for human consumption, and he shall have the authority to enter any 1
food service establishment in the city, as authorized by law for
the purpose of such inspection.
(b) The health officer shall conduct an inspection of a food
service establishment at least once every six months. Additional
inspections of the food service establishment shall be performed as
often as are necessary for the enforcement of these rules.
(c) The city health officer, after proper identification, shall
be permitted to enter any food service establishment at any time
for the purpose of making inspections to determine compliance with
PAGE 13
Apnda l(em_.__` 3 _
rate
these rules. The officer shall be permitted to examine the records
of the establishment to obtain information pertaining to food and
supplies purchased, received, or used, or to persons employed.
Sec. 13-32. Report of Inspections.
Whenever an inspection of a food service establishment or com-
missary is made, the health officer shall record the findings on
the inspection report form. The inspection report form shall sum-
marize the requirements of these rules and shall set forth a
weighted point value for each requirement. Inspection remarks
shall be written to reference, by section number, the section vio-
lated and shall state the correction to be made. The rating score
of the establishment shall be the t-)tal of the weighted point val-
ues for all violations, subtracted from 100. The Health Officer
shall furnish a copy of the inspection report form to the person in
charge of the establishment at the conclusion of the inspection.
The completed inspection report form ohall be made available for
E public disclosure to any person who requests it according to law.
See. 13-33. Correction of Violattonw.
(a) The inspection report form shall specify a reasonable
period of time for the correction of the violations found, and
correction of the violations shall be accomplished within the
period specified, in accordance with the fol:.owing provisions:
(i) If an imminent health hazard exis•:s, such as complete
lack of refrigeration or sewage backup into the estab-
lishment, the establishment shall immediately cease
food service operations and shall not resume until
authorized by the health officer.
(ii) All violations of 4 or 5-point weighted items shall be
corrected as soon as possible, but in any event, within
the time specified on the inspection report.
(iii) All 1 or 2-point weighted items shall be corrected as
soon as possible, but in any event by the time of the
next routine inspection or any scheduled re-inspection.
(iv) In the case of temporary food service establishments,
all violations shall be corrected within 24 hours. If
violations are not corrected within 24 hours, the
es\tablishment shall immediately cease food service
operations until authorized to resume by the health
officer.
(b) The inspection report shall state that failure to comply
with any time liwits for corrections may result in cessation of
food service operations. An opportunity for appeal from the
inspection findings and time limitations will be provided if a
written request for a hearing is filed with the City within ten
PAGE 14
(bte__Y_~3% f3 _
calendar days following cessation of operations. If a request for
a hearing is received, a hearing shall be held within 20 days of
receipt of the request, in accordance with the provisions of sec.
13-28 hereof.
_ (c) whenever a food service establishment is required under the
provisions of this chapter to cease operations, it shall not resume
operations until such time as a re-inspection determines that con-
ditions responsible for the requirement to cease operations no
longer exist. The health officer shall offer the opportunity for
re-inspection within a reasonable time.
Sao. 13-34. Re-inspection.
(a) Any food service establishment inspected by the City of
Denton Environmental Health Services Division which receives a
score of 75 or below on any inspection must be re-inspected.
I
(b) This re-inspection shall be performed in the same manner,
using the same form, as the previous inspection.
(c) If, upon subsequent re-inspection of the establishment, the
health officer finds that sufficient measures were not taken to
bring the score above a total of 75, he will issue a citation and
schedule a date for another re-inspection. The health officer
shall continue to perform re-inspections until the establishment
has made sufficient progress to warrant a score above 75.
(1) The issuance of a citation for failure to meet required
score upon re-inspection shall not in any way limit the
ability of the inspector to issue any other citation for
any violation of this Chapter.
(d) Re-inspection for failure to meet required score shall be
performed on the fourteenth calendar day immediately following the
original inspection, or as soon as possible thereafter, except that
where an establishment is closed due to a score below 60, pursuant
to Sec. 13-62, the original inspector shall determine the time of
the re-inspection.
Sec. 13-35. F** for Rs-inspection. ,
(a) The fee for re-inspection shall be one-half the annual
permit fee of the establishment receiving the re-inspection.
(b) A re-inspection fee will be charged for each re-inspection
necessary to bring the food establishment's score above 75.
(c) payment of the re-inspection fee shall not void, or in any
way affect, the responsibility of the owner or permit holder for
payment of any fines for any other violations of this Chapter.
PAGE 15
Agendal?ertt___
(d) The person, partnership, or corporation listed as "owner" t
on the original application shall be responsible for payment of any
and all fees, including re-inspection fees. The Administrator
shall send an invoice requesting payment of the re-inspection fee
and the permit holder shall pay within thirty (30) days of the date
of the invoice.
Geo. 13-36. Examination and condeanation of rood.
(a) Food may be examined or sampled by the health officer as
often as necessary for enforcement of any provision of this
Chapter. The health officer may, upon written notice to the owner
or person in charge specifying with particularity the reasons
therefor, place a hold order an any food which he believes is in
violation of Subsection (a) of rule 431.081, Texas Rules on Food
Service Sanitation or any other provision of the rules. The health
officer shall tag, label, or otherwise identify any food subject to
j the hold order. No food subject to a hold order shall be used,
served, or moved from the establishment. The health officer shall
permit storage of the food under conditions specified in the hold
order, unless storage is not possible without risk to the public
health, in which case immediate destruction shall be ordered and
accomplished.
See. 13-37, Appeal rrou Hold order.
The hold order shall state that a request for hearing to appeal t
hold order may be filed within five (5) days and that if no hearing
is requested, the food shall be destroyed. If requested, a hearing
shall be held on the basis of evidence produced at that hearing by
the Committee described in Sec 13-29 of this Chapter. The Com-
mittee may vacate the hold order or direct the owner or person in
charge of the food to denature or destroy such food or to bring it
into compliance with the provisions of this Chapter. ,
Soo. 13-38. Power to Examine rood service establisbiaoat Re-
cords.
I
The health officer shall have the authority to examine the
records of a food service establishment in order to ensure com-
pliance with all provisions of this ordinance or of state law.
Soo. 13-39. Drive-ins.
(a) It shall be unlawful for the owner or operator of a drive-
in cafe, refreshment stand or other eating establishment catering
to customers who remain in their automobiles to permit or allow the
premises upon which such business is located or the adjacent side- '
walks or streets, to become littered with loose paper, paper cups,
paper straws, paper napkins and like items thrown or dropped upon
such premises, sidewalks o- streets by customers of such astablish-
ments.
PAGE 16
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Aoonda No
ApndaItent_- _--3 _
Chte ?3_- ~3
f
(b) It shall be the duty of the owner or operator of any I
business establishment mentioned in this section to keep the pre-
mises, adjacent sidewalks and streets free and clean of said loose
paper, paper cups, paper straws, paper napkins and like items
thrown or dropped by customers of such business, and it shall be
his further duty to prevent such articles from being blown upon the
premises of others. Any owner or operator who shall permit or al-
low such litter to be blown upon the premises of another or onto
adjacent streets or highways shall be guilty of a violation of this
section.
ARTICLE III. REGULATION OF FOOD RANDLERS
I
eeo. 13-40, Food Handler's Permit Required.
(a) Every person whose work brings him into r--)ntact with the
handling of food, utensils or food service equipment must possess +
e food handler's permit. An applicant shall submit an application
for a food handler's permit together with a fee of Fifteen Dollars
($15.00) to the City; provided that a person working on behalf of
a temporary establishment shall submit an application for a food
handler's permit together with a fee of Two Dollars ($2.00) to the
City.
(b) Every person who owns, manages, or otherwise controls any j
food service establishment shall not permit any person to be em-
ployed therein whose work brings him into contact with the handling
of food, utensils or food service equipment who does not possess a
valid food handler's permit within ten (10) days from the date of
his employment.
Sao. 13-41. Me"ptions.
I
Every person who possesses a current and valid manager's
certification certificate from taking a course permitted by the
Texas Department of Health shall be exempt from the requirements of {
Sec. 13-40.
Sao. 13-42. Food Sandler's Permit. '
(a) In order to receive a food handling permit, every person
owning, erployed by, or otherwise connected with a food service
establishment whose work brings him into contact with food,
utensils, or food service equipment is required to attend a food
handling school held by the City of Denton or achieve a score of
70 or above on the basic knowledge test administered by the
Environmental Health Services division. This requirement must be
met upon expiration of a food handler permit and upon application
far a new food handler's permit. The Administrator shall issue a
permit to the applicant if the applicant has:
PAGE 17
AgindiNo h _
AvdaJwL
(1) completed attendance of food handling school; or has
achieved a score of 70 or above on the basic knowledge test
administered by the administrator; and
(2) is not suspected of being:
(a) infected with a disease in a communicable form that can
be transmitted by foods;
(b) a carrier of organisms that cause such a disease; or
(c) infected with a boil, an infected wound, or an acute
respiratory infection.
In the event a permit application is rejected, the health
officer shall notify the applicant of the rejection in writing by
certified mail, return receipt requested. The applicant may appeal
the decision of the Administrator as provided in Sec. 13-28. The
decision of the Administrator shall be final unless the applicant
shall file an appeal within five (5) days following service of the
notice. '
Bee. 13-43. Display ;
It shall be unlawful for an
public eating place or any place person to operate or manage any
manufac-
tured, processed, prepared dispenwhere sed orf ootdherwise ihandledainfthe
city, unless every person handling food or drink in such business
has a valid food handler's permit displayed in a conspicuous place I
on the premises.
Soo. 13-44. Permit Duration.
Any food handler's permit issued under the provisions of this
article shall remain in full force and effect twelve (12) months
from the date of issuance, unless sooner revo;ted.
Sao. 13-45. sass - Nontransferable.
Every permit issued under the provisions of this Chapter shall
be nontransferable.
1
sac. 13-460 Bans - Confiscation.
The health officer shall have the authority to confiscate a
food handlers permit that has expired or is otherwise invalid.
Sao. 13-47, same - Revocations
(a) The health officer shall have the right to revoke a valid
food handler's permit at any time the holder of such card becomes
or is suspected of being:
PAGE 18
I
µpsnda~o a /o
(1) infected with a disease in a communicable form that can
be transmitted by foods;
(2) a carrier of organisms that cause such a disease; or
(3) is afflicted with a boil, an infected wound, or an
acute respiratory infection.
(b) Such revocation shall remain in effect until a licensed
physician certifies the food handler is free from any communicable
disease.
(c) No such person shall work in a food service establishment
in any capacity in which there is a likelihood of such person con-
taminating food or food-contact surfaces with pathogenic organisms
capable of transmitting disease to another person.
(d) The Administrator shall notify the applicant or permit
holder in writing of the reasons for which the permit is being
revoked. Revocation shall be final unless the permit holder files
a written request for a hearing with the Administrator within five
(5) celendar days following service of the notice.
I
Sea. 13-48. Appeal.
A person shall have the right to appeal the Administrator's
decision to deny issuance of a food permit or to revoke a permit by
giving written noti-,e to the administrator within five (5) days of
the denial or revocation. The Health Committee shall consider the
appeal in accordance with the procedures outlined in Sec. 13-29
J herein.
ARTICLE IV. VENMRSt CATERING TRUCKSr MOBILE UNITS
AND OUTMOR SMOKER UNITS
Sec. 13-S1. Requireaents for Snow-Cone vendors.
(a) A Snow-Cone vendor shall have a:
(1) Commercially approved source f)r ice and syrup; 1
(2) Handwash sink with soap, running water, and paper
towels; and
(3) Waste-water holding tank of adequate size for operation
or be connected to an existing sanitary sewer,
(b) A snow-cone vendor may also be required to meet any and all
provisions required for a food service establishment which the
Administrator deems necessary to protect the public health and
safety.
PAGE 19
i
8e0. 13-52. Requirements for the Bale of Ice Creaa, Other
Frozen Desserts or Novelties Upon Public Street
From A Vehicle.
(a) A person may not sell ice cream, frozen desserts or other
novelties from a vehicle before sunrise or after sunset.
(b) Ice cream, frozen desserts, and other novelty frozen food
items shall be individually wrapped by the manufacturer before
being placed in the vehicle from which they are sold and shall be
sold in the original wrapping.
(c) All vehicles offering ice cream for sale shall have:
(1) An automatic flashing device consisting of two lamps
at the front of the vehicle, mounted at the same level and
as widely spaced laterally as possible and displaying
simultaneously flashing amber lights, and two lamps at the
! rear of the vehicle mounted at the same level and as widely
spaced laterally as possible and displaying simultaneously
flashing amber lights, to be used at all times while each
vehicle is in use for food service or solicitation of
sales;
(2) Signs in front and rear bearing the word "SLOW" in
letters not less than six (6) inches high; and
(3) Be capable of maintaining a constant temperature for
food storage and contain, in a conspicuous place, a
thermometer to allow for verification of temperatures.
Sao. 13-53. Requirements for Mobile Units.
(a; A mobile unit must have a commissary as a base of opera-
tions. Said commissary must meet all requirements of State law
and:
(1) Be inspected and permitted by the Divisic Environ-
mental Health of the City of Denton; or
(2) Provide a copy of its most recent inspection report ,
performed by the Texas Department of Health or the local
health authority with competent jurisdiction over the
commissary or base of operations; and
(3) provide any other documentation deemed necessary by the
Administrator to enable the Administrator to enforce this
Chapter or otherwise protect the public health and safety.
(b) All mobile units originating from or serving food within
the city must have a valid food service
in the vehicle at all times. The permitmust tbear ithemnamebofkthe
p
registered owner of the truck and truck license plate number.
PAGE 20
AgennNo
Agendaltam
(c) The operator of a truck must prote-t food from contamina-
tion; and keep truck clean and free of rust and corrosion. i
(d) All trucks must be identified using the same name that is
on the permit.
(e) All condiments and spices, such as salt, pepper, sugar,
catsup, mustard, mayonnaise, sauces, non-dairy creamer, etc., must
be served in single-serving containers. No bulk dispensers, bot-
tles or cans shall be permitted.
(f) All single-service tableware must be individually wrapped
in plastic.
(g) The applicant for a food permit for a mobile unit shall
present an inspection report to the Environmental Health Services
Division. This inspection shall have been made by the regulatory
authority with jurisdiction or the Texas Department of Health, if
the location of the commissary is outside the corporate limits of
Denton, Texas.
(h) Sewage, waste water and solid waste must be disposed of
according to law.
(i) The waste eater tank outlet must be lower than the inlet to
the potable water supply.
(j) Mobile units shall provide a route plan upon request.
Sea. 13-51. Catering operations.
(a) All catering operations based in the City of Denton shall
comply with all state rules, laws, and local ordinances. A person
Shall not engage in a catering operation unless the service is af-
filiated with a food service establishment operating from a fixed
facility that is permitted by the appropriate health authority.
(b) The base of operations for a catering operation shall be
physically separate from a residential home and shall be a per-
manent, fixed location.
(c) The Health Officer may inspect a catering operation at any
time.
Sao. 17-55. Outdoor smoker Units.
(a) A food service establishment operating one or more outdoor
smoker units shall:
(1) House each smoker unit in an enclosure of adequate size
to allow for the free movement of personnel around equipment and
other fixtures.
PACE 21
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(2) Ensure that the enclosure shall conform to any and all
applicable City of Denton ordinances including building codes, fire
codes, and zoning regulations, and
(i) walls of the enclosure shall be constructed of
solid material or screen material not to exceed 16 mesh per inch.
I - (ii) The roof shall be constructed of a non-permeable
f material which is water resistant a3 well as fire resistant, and
i shall be sloped to allow for proper drainage.
i (iii) Floors shall be constructed of asphalt, cement,
or tight fitting wood which has been sealed so as to be non-
absorbent and easily cleanable.
other outer insects openings from shall tightly y food sealed prepara-
to prevent flies and All
tion area.
("3) Ensure that all fod
Sec. 003
Care" of the Tex sp Rules a on Food Service Sanitation,
except that:
(i) In instances where sinks are not provided, the
operator shall set up containers to be used for sanitizing hands
and food service utensils. Hand sanitizers shall be provided at a
strength of not less than 110 p.p.m, and utensil sanitizer shall be
at a strength of not less than 100 p.p.m.
uninterior
the the
of the smoker unit tom measure air temperature inside in
it, and
a food thermometer shall also be provided to measure the internal
temperatures of meats during the cooking and holding process to
insure compliance with temperature requirements.
ARTICLE `a. ENTORCZXBVT
840, 13-61. Violations.
(a) The Administrator of t'Ze Environmental Health Services 1
Division, Department of Municipal Services, or any of his designat-
ed employees, shall have the responsibility and power to enforce
all provisions of this ordinance vithin the corporate limits of the
City of Denton, Texas.
(b) Whenevr.r the health officer determines that there has been
a violation of any provision of this ordinance, which in his
judgment can jeopardize the public health, or for violation of any
items which have been noted as probleaa on two or more consecutive
inspection reports, the officer may ivaue a written citation for
said person to appear in court.
PAGE 22
%6ndai?en1,_,_
~ - l3
NO
(c) It shall be unlawful for any person to knowingly give the
health officer a false name when such officer requests the name of
said person for purposes of enforc,.zg the provisions of this
chapter.
Sea. 13-62. Authority to close.
(a) The health officer shall close without warning any building
or place described in this Chapter and prevent its use for the
stora?3, manufacture or sale of food or drink for human consumption
wherever:
(1) The health officer finds any building or place used for
the storage, manufacture or sale of food or drink for human
consumption, or the methods or practices used therein, to
be so filthy or unsanitary as to endanger the public
health;
i
I (2) The health officer, upon inspection of an establish-
I went, finds sufficient violations which cause the rating
score of said establishment to be below a total of sixty
(60) points;
(3) The health officer finds that an establishment is
operating with no working refrigeration units;
(4) The health officer finds that an establishment is
operating w.`thout running water for a period of more than
one (1) hour; or
i
(5) The health officer finds that sewage has backed up into
an establishment.
(b) It shall be the duty of the health officer to post a notice
of closure for such conditions at the entrance of such building or
place and to maintain the same until such conditions or practices
have benn removed or abated.
(c) No person shall remove or alter in any way a sign which has
been posted by the health officer.
SECTION It. That if any section, subsection, paragraph, '
sentence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the valid-
ity of the remaining portions of this ordinance, and the City Coun-
cil of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION 111. All ordinances or parts of ordinances in force
when the provisions of this ordinance become effective which are
inconsistent or in conflict with the terms or provisions contained
PAGE 23
40WONo
Agenda
ltem 3,._...
gate 3"x..:13
in this ordinance are hereby repealed to the extent of any such
conflict.
SEgTION I'✓. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
¢EQTION~7. That this ordinance shall become effective on the
day of_ , 1993, and the City Secretary is hereby directed
to cause the caption of this ordinance to be published twice in the
Denton Record-Chronicle, the official newspaper of the City of
Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of , 1993.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BYi
APPROVED AS TO LEGAL FORM?
DEBRA A. DRAYOVITCHp CITY ATTORNEY
BY.,
I
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PAGE 24
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CITY COUNCIL REPORT
~_a~.~ y
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
DATE: March 23, 1993
SUBJECT: City Council Board Appointment Process
In light of the recent Attorney General's Opinion regarding the
appointment process for citizen advisory boards, we have informally
surveyed several other metroplex cities. Several of the cities are
still trying to determine how the new process will work in an open
session.
Most of the cities use an application process and require all
prospective board members, including those currently serving, to
fill a brief form indicating their interest. Some of the cities
surveyed interview prospective board members prior to making
appointments. Some of the cities have a briefing session to
introduce citizens to the types and duties of the different boards
and commissions. An informal reception is combined with this
briefing session to allow for City Council members to meet
candidate board members in one city.
The following is a brief summary of how each city surveyed conducts
board and commission appointments.
Alleg
The City of Allen meets informally with prospective board members
at a reception. A three-member sub-committee of the City Council
interviews each prospective board member. The interview panel
makes a recommendation to the full City Council who makes the
appointments.
Carrollt"
Annually, the City Council calls for all citizens who want to serve ,
on a City board to fill out an application. Citizens indicate on
the application which board is their first, second, and third
choice. The City Council is given the applications in May.
Special work sessions ate held to discuss only board appointments.
These sessions used to be held in executive session, however, the
most recent appointment to fill a vacancy was done in an open
session. The Council appoints the board members from the list of
applications submitted.
ApidiNo ~93.=.0..'0
Apeodaltem~~~~
fete 3 •a 9 3
Dallas
~ y
Each City Councilmember is assigned the responsibility for making
nominations for certain positions on different boards. For
example, the City Councilmember in place five would be responsible
for nominating a person to fill place five on a fifteen member
citizen board. For boards that are larger or smaller than the
number of Councilmembers, a rotation process is used. Most of the
board appointment process is addressed in the City Charter or code.
Euless
Euless City Councilmembers hold an informal reception for
p
rospective board members. Presentations on the responsibility of
each
membeboacity n Council commission sub-committee ivinterviews all interested
citizens, including citizens wishing to be reappointed.
Grapevine
The City of Grapevine advertises in the newspaper once a year for
board positions Application forms are submitted by all interested
persons. The City Council receives all of these forms prior to an
open City council meeting for the appointment process.
Lewisville
Advertising is placed in the newspaper in April for citizen board
positions. All interested persons, including current board
members, fill out a brief application. intervJews are held by the
City Council. The interviews were formerly held in executive
sessions. The process has not been determined for this year.
esutt
Citizens in Mesquite wishing to serve un a board must fill out an
application and attend one board meeting if it meets regularly.
This information is given to the City Council who interviews
prospective board members.
Richardson
Richardson requires all persons interested in serving on a citizen
board to fill out an application. This information is distributed
to the City Council for its consideration. This has been done in
executive session with the appointments begin made at the following
regular meeting.
Some elements that the City Council might like to choose from to
incorporate into a new process have been outlined on the chart that
is attached. The council may wish to choose any combination of
elements from this chart to develop an outline of a process. Staff
could then come back with a more specific proposal of the board
f
II
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j ApeWaltwt_, ,4~3x
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appointment process per the City Council's direction, 3 Q 9
Also attached are copies of Denton's current board/commission
application as well as examples from the cities of Allen, Euless,
and Mesquite.
Please advise if I can provide additional information.
RESPECTFULLY SUBMITTED,
41o V. Harrell
City Manager
Prepared by:
Ca ±CA~
therine E. Tuc- J,
Ca
Administrative Assistant
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POSSIBLE ELENIENTS FOR BOARD/COININUSSION
APPOINTMENT PROCESS
FTF Letter from City Secretary Advertisement in local media
a neies to current members whose that members are needed on
terms are expiring board./commissions
Applications completed by Applications completed by all
Applications all interested citizens interested citizens (not
(including current members) including current members)
i
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Briefing session for individual Council Members
Initial applicants to learn about Informal reception for send recommendations to
selection boards/commissions and meet applicants and Council to meet City Manager who
Council members distributes it to City
Council
Interviews Interviews by full City Interviews by panel of City
Council Council
Discussion Work Session Discussi
Final Appointments made in Regular Each Council member appoints
selection City Council Meeting to corresponding board
position (Dallas model)
clrr or aENTON Ap6ndaNo _93 'D/D
BOARD APPOINTMENT INFORMATION
Agenda Ilen
late
ADDRESS PHONE NO,
CITY STATE ZIP CODE
NAME OF EMPLOYER
ADDRESS OF EMPLOYER PHONE NO,
CITY STATE ZIP CODE
OCCUPATION
HAVE YOU PRIOR SERVICE ON A Cirr BOARD?
IF YES, PLEASE DESCRIBSr
NAME Of CITYt
WOULD YOU HAVE A CONFLICT OF IXTEAEST ON AX? BOARDI '
If YES, PLEASE DESCRIBE: '
ON WHICH BOARD DO YOU WISH 79 SERVE7
STATEMENT OF APPLICANTt
DATE SIGNATURE Of APPLICANT
BOARD MEMO ATTENDANCE POLICY
It IS the P011cy of the City of Denton City Council that Members of the various
City Boards and Commissions be removed from office for lack of attendance At the
venous meetings of the Boards and Commission. Members may be removed on the
following baalar
1• Regular Meetlnas. Board Members may be removed from office for three
unexcused absences during the course of one year and/or lack of attendance
at 30% of the number of regular meetings in the year,
1. 8Dlclal called Xeetin0;,, Board Members may be removed from office for
lack of attondInc@ at 301 of the number of Special Called Meetings in one
Year.
An unexcused absence is defined as an absence for which no advanced notification
is given and/or as determined by the Chairman of the affected Board or
commieslon.
OFFT;'6 USE ONLY:
TERM Of APPOINTMENT:
BEGINNING ENDIN
THZS G
APPLZCATZON MUST 88 AND NO ACTION WILL BE TAKEN NTIL THE SECOND MEETINO MEMBERS FOLLOWINO THE U PRESENTATION.
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Apan~allem ~
CITY OF ALLEN eta `3
DATA SHEET
BOARD OR COWaSSION CANDIDATE
I
List All Boards & Commtsdons of Interest:
Name:
Home Address:
Zip Code Home Phone:
I i
' Business Address:
Ztlf Code Bus. Phone:
I
Resident of City for
Years Voter Registration No.
Occupation-
.
M
• I
Education: !
A
Special Knowledge or Experience Applicable
to City Board or Comsission Function:
Other Information (Civic Activities, etc.) -i
Date: Signat~are:
RETURN COMPLETED FORM TO THE CITY SECRETARY'S OFFICE Jl
I
T H E C I T Y
O F
EULESS--
APPLICATION FOR BOARDS/COMMISSIONS
As an applicant for a Board, Commission, or Committee your name, address and telephone numbe7~'a
available to the press and the public. You will be contacted when action Is taken on your appointment.
NAME:
ADDRESS: DATE:
TELEPHONE: (Residence)
(Employmenl):
OCCUPATION: (If retired, Indicate former occupation or profession.)
EDUCATION: - - - {
11
I
PROFESSIONAL ANWOR COMMUNITY ACTIVITIES:
i
LIST QUALIFICATIONS YOU FEEL MAKE YOU A GOOD CANDIDATE FOR THIS POSITION:
I
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N FClnr Ori ce luIcsf, IcN, ^4x1191191 I
Itl'g r951~'el ?Rim F4 it11 F1{ aI-IJ111i16
Congnucd 00 rHhcr%Ida
AN o
REFERENCES:"
BOARDS, COMMISSIONS YOU HAVE PREVIOUSLY SERVED ON:
80AROVOMMSSION DATES SERVED
I
I WOULD LIKE ADDITIONAL INFORMATION ON THE:
BOARD/COMMISSION
PLEASE NUMBER IN ORDER OF PRcFERENCE THE BOARD, COMMISSION AND/OR COMMITTEE
YOU ARE INTERESTED IN SERVING.
Advisory Board for Social Concerns
Animal Shelter Advisory Board
Civil Service Commission
Economic Development Advisory Board
Industrial Development Authority
Library Board
Parks and Leisure Serolces Board
Planning and Zoning Commission
Street Naming Committee
Zoning Board of Adjustments
RETURN COMPLETED FORM TO: Office of the City Secretary
CITY OF EULESS
201 North Ector Drive
Euless, Texas 76039-3595
T. Lie-CFORMS
Date: 4/92
Nor
CiLY of Nosquh e
aoandaNo
PERSONAS nAT._1EQRM hpendaltoal..._
Name: Nte~- - _2 e - %3
Home Address:
Bus. Address: Tele, # _
Occupation: _ Tele. #
r How long have you lived in Mesquite? Age: Memberships-
Civic
Professional
Church
Interests & Hobbles:
Educational Background:
r Please specify, in order of preference, the Board/Commission on which you prefer to serve:
r 1. 3.
Evenings conflicting with other activities.
Board meetings I have attended:
.Chairman/Staff Member
r 2,
3,
~J Briefly state what you feel you can contribute to this Board or Commission:
Personal References:
Name Addrex,Dhone #
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Signature
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agendaNa .
ppenda Item
Date
CITY OF DENTON
EMEROFNCY VESICLE P..REEMPTION SYSTEM STATUS REPORT UJ
March 1993
Existing system
In 1990, the City of Denton installed emergency vehicle preemptors (opticom
preemptors) at nine signalized intersections on three major artorials in the
city. These preemptore would provide priority right of way assignment upon
detection to selected signal phases (directional movements) at these
intersections. Table 1 is a summary of the intersections and direction of
preemption.
Table 1 intersection and direction of pre-emption
Intersection Direction of Preemption
US 380 @ Bell Eastbound, Westbound, Northbound and Southbound
US 360 @ Carroll Eastbound, Westbound, Northbound and Southbound
Carroll @ Oak Westbound, Northbound
Carroll @ Parkway Northbound, Southbound
Carroll @ Congress Northbound, Southbound
Carroll @ Crescent Northbound, Southbound
McKinney @ Elm Eastbound, Westbound
McKinney @ Locust Eastbound, Westbound
McKinney @ sell Eastbound, Westbound
J The emitters that trigger the preemption are an important part of the system.
The Fire Department has 8 existing units. There are 4 on ambulances, 1 on the
snorkel, 1 on Engine /1, 1 on the general purpose suburban with a spare for
backup. The Fite Department is specifying these emitters as standard equipment
in the light bare on new equipment such as the ambulance, 2 now fire trucks, and
possibly the 2 new grass trucks. The grass trucks are regularly in terrain that
will allow trees to knock the light pare off, so that is not decided at this
time.
Future Plan
in 19920 a study was conducted to develop a strategic plan for implementation of
a city-wide emergency vehicle priority control system (L,VPCS), and to select
EVPCS projects for ISTEA funding request. Under the strategic plan, six project
groups were developed.
Project Group 5, which consists of signals on Carroll Blvd, Eagle Drive, Bell
Ave, Elm Street and Locust street forms the basis of ISTEA funding request that
was approved for Year 2. Also Project Group 4, consisting of signals on FM 426,
FM 428, and Us 377, has been approved for ISTEA funding in Years 5 and 6. ISTEA
funding for the two projects, Group S and Group 4, %ill be $60,000 and 633,000,
respectively. City matching funds will be 615,000 for Group 5 asd 68,000 for
Group 4.
These project groups are listed as follows
Project Group 1 - U.S. 380 Signals , y J?
1. US 380 @ Bonnie r.ae ES, We, NB, SH
2. US 380 @ I.H. 35 ED, WD
3. US 380 @ Malone EB, WB
4. US 380 @ Fulton ED, we
5. US 38(1 @ Alice EB, WB
6. GS 38o @ Elm WB, ED + We
7. US 380 @ Locust EB, ED + WB
8. US 360 @ Ruddell ED, WB
9. US 380 @ Nottingham ED, WB
10. US 380 @ Old North Road EB, WB, N8, SS
11. US 380 @ Loop 268 EB WB NB SB
Project Group 2 - FM 2181 Signals
1. FM 2181 @ I.H. 35E ES, Woo NB, SB
2. FM 2181 @ Oak Meadow NB, SB
3. FM 2181 @ Londonderry NO, SB
Project Group 3 - Loop 288 Signals
1. Loop 286 @ Colorado NO, SO
2. Loop 282 @ I.H. 35 E EB, WB, NB, SB
3. Loop 268 @ Mores NB, SB
4. Loop 288 @ Mall Entrance NO, SB
Project Group 4'- PM 426, FM 428 and I1.8, 77 Signals FM 426 2. FM 426 9 Woodrow to,;WB, Not S8
Loo 288
3. Pet 426 0 Ryan High EBO Wei N0, so
4. PH 426 9 Mockingbird EB, We
5, FM 418 4 Elm EB,,FtB
6. FM 428 9 Locust Eb, We
74 PM 428 4 Bell E8, Ctge No, as
A. PH 428 9 Windsor No + set EB + we
9. US 77 9 ?esaley/Nillowepringi EE, We Me, eB
Project OrouP S - Carron, Eagle, Bell and Downtown Signals
1, Carroll 9 Hickory N2, So
2. Carroll 9 M,::)erry NE, $a
3. Carrolt 9 Eagle no, so, E9, we ~
4. 249361 Ave C' NB, WH
6. Eagle 9 Ave A $B 4 we, NB + so
6. Eagle 9 Welch E8 + W3
7. Isola C aim to, w$
a. 26910 9 Bali Ea, We, 83
9o bell Q Prairie N3 + Se
10. 9611,8 Hickory S3 F We, Na + se
116 bell 4 Mingo gat 93
12. Sell 9 Withers Na+ so
13. P bell 9 8. Crosswalk NB + Ba
l4. bell Q Mmin Orire NB 4 as
15. Bell 9 N. Crosswalk NB + 69
16. Loonst 9 syolmoie N8, E9 + we
17, Locust 9 Hickory E8 + WB, NB
18. Locust 9 Oak no we
19. Locust'! Parkway NB, Be we
20. 21M A parkway so, so + w'4
21, Elm 9 Oak 88, WB
22, Elm 9 Hickory s8 EB
23. vim 4 Sycamore as, Eb + wB
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Project Group 6 - Other Signals
1. S.N. 35 E @ Ave D WB, SB 1
2. I.H. 35 E @ US 377 ES, WS, NB, SB {
3. US 377 @ Acme NB, SB
4. Welch @ Highland NB, SB
5. Welch @ Prairie NO, SB
6. Welch @ Chestnut NO, SO
7. Hickory @ Ave B EB, SB + NB
8. Hickory @ Ave A/Fry EB, NO + SS
9. Hickory @ Welch EB, NB + SB
t
10. Oak @ Fry WB, NO + SB
11. Oak @ Jagoe WB, NO + SB 1
12. Windsor @ US 77 ES, WB, NO, SO
13. Windsor @ FM 2164 EB + WB
The six project groups described above consist of 63 intersections. Fifty-nine
of these are signalized intersections, one is currently being signalized (Loop
286 @ Nall Entrance), and three are awaiting imminent rignalization (Londonderry
@ Teasley, Teasley @ Oak Meadow, FM 426 @ Mockingbird).
Initially, 17 intersections ware identified by the study as critical
intersections for future EVPCS consideration. These intersections were ranked
highest in priority for installation purposes. They arej
1. US 380 @ Bonnie Bras
2. US 380 @ Elm
3. US 380 @ old North
4. US 380 @ Loop 288 1
5. I.H. 35E @ FM 2181
6. Loop 288 @ Colorado
7. Loop 288 @ I.H. 35E
8. FM 426 @ Loop 288
9. FM 428 @ Bell
10. FM 426 @ Windsor
11. 'IS 77 @ Team ley/wiIlowsprings
12. Carroll @ Hickory
13. Carroll @ Mulberry I
14. Carroll @ Eagle
15. Bell @ Mingo
16. I.H. 35E @ US 377
17. US 77 @ Windsor
CONCLUSION
The Fire Department has revised this priority ranking. They feel that the major
intersections on I.H. 35 and I.H. 35E, Loop 288, Carroll, US 380, FM 426, and
sell Avenue should be high priority. Based on traffic engineering philosophy,
this means all the signals on the above-named roadways that are not yet equipped
with emergency vehicle preemptors - a total of 30 signals. Future priority
ranking will be influenced by location or relocatlon of ma!or facilities and
institutions such as schools, hospitals and trauma centers, new developments
(subdivisions), and fire stations.
AEE0022r
3 -