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1998-267 ORDINANCE NO q/f -~ ~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 13-21 AND SECTION 13-22 OF CHAPTER 13 "FOOD AND FOOD ESTABLISHMENTS" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, PROVIDING THAT PERMIT FEES SHALL BE SET BY CITY COUNCIL BY ORDINANCE AND PROVIDING FOR THE EXEMPTIONS OF THE CITY OF DENTON AND POLITICAL SUBDIVISIONS AND AGENCIES OF THE STATE OF TEXAS AND THE UNITED STATES OF AMERICA, PROVIDING FOR THE ADOPTION OF APPLICATION AND PERMIT FEES FOR RESTAURANTS, GROCERY STORES, DAYCARE CENTERS, AND OTHER CERTAIN ESTABLISHMENTS, PROVIDING FOR THE ADOPTION OF A CONSUMER HEALTH PERMIT FEE SCHEDULE FOR FOOD AND FOOD ESTABLISHMENTS, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Chapter 13, Section 13-21 (a) "Apphcat~on fee" of the Code of Ordinances of the City of Denton, Texas is hereby amended so that said section shall hereafter be and read as follows Sec 13-21. Appheation fee (a) The applicant shall submit the applicable nonrefundable fee as set forth by City Council by ordinance, and the schedule of fees shall be available for public inspection at the offices of the City Secretary or the Health Officer Notwithstanding any other provision of this chapter the payment of any fees set under this section is not applicable to the City of Denton or any political subdivision or agency of the State of Texas and the United States of America SECTION II. That Chapter 13, Section 13-22(a) "Permit issuance" of the Code of Ordinances of the City of Denton, Texas is hereby amended so that said section shall hereafter be and read as follows Sec 13-22. Perm~tlssuanee (a) Upon receipt of an apphcatlon and paymem of the apphcatlon fee, the health officer shall make an inspection of the premises 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 The applicable fees shall be set by City Council by ordinance and the fee schedule shall be available for pubhc inspection at the offices of the City Secretary or the Health Officer The applicant shall submit the applicable nonrefundable fee as set forth by City Council before a permit will be issued Notwithstanding any other provision of this chapter, the payment of any fees set trader this section is not apphcable to the City of Denton or any pohtlcal subdivision or agency of the State of Texas and the United States of America SECTION III That the Consumer Health Penmt Fee Schedule set forth ~n ExNblt "A", attached hereto and made a part hereof for all purposes, is hereby adopted and authorized to be imposed for the purposes of application for, and issuance of, permits required for compliance with the provisions of Chapter 13 "Food and Food Service Estabhshments" SECTION IV That this ordinance shall repeal every prior ordinance ~n conflmt herewith, but only insofar as the portion of such prior ordinance shall be in conflict, and as to all other sections of the ordinance not in direct conflict herewith, this ordinance shall be and is hereby made cumulative except as to such prior ordinances or portions thereof as are expressly repealed hereby SECTION V That if any provision of th~s ordinance or apphcatlon thereof to any person or c~rcumstance is held lnvahd by any court, such holding shall not affect the validity of the remmnlng pomons of this ordinance, and the C~ty Council of the City of Denton, Texas, hereby declares that it would have enacted the remmmng portions despite any such validity SECTION VI That th~s ordinance shall become effective, after its passage and approval, on October 1, 1998, and the C~ty Secretary is hereby directed to cause the caption of th~s ordinance to be published twine in the Denton Record-Chromcle, a dally newspaper pubhshed ~n the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED on thxs the ~7~day of .~~q.J , 1998 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERB PROUTY, CITY ATTORNEY Exhibit A Consumer Health Permit Fee Schedule # Type of Establishment Fee I Food Handler Permit $15 00 2 Pool Manager's Certlficatton $35 00 Beer & Wane Inspections (#3 - #7) 3 Beer & Wane Permit - New Application Processing Fee $25 00 4 Wine and Beer Retailer's Permit $87 50 5 Wane and Beer Retailer's Off-Premise Permit $30 00 6 Retail Dealer's On-Premise License $75 00 7 Retail Dealer's Off-Premise Permit $30 00 8 Retail Dealer's On-Premise Late Hours License $125 00 9 Annual Swimming Pool P~:mit $160 00 10 Restaurants < 2,000 square feet Gross Floor Area $310 00 11 Restaurants > 2,000 square feet Gross Floor Area $485 00 12 Grocery Store < 12,000 square feet Gross Floor Area $325 00 13 Grocery Store > 12,000 square feet Gross Floor Area $450 00 14 Convenience Store Without Dell $250 00 15 Convenience Store With Dell $300 00 16 Concession stand, snow cone stand, or similar structure $175 00 17 Daycare Facility $150 00 + $1 00 / each child capacity 18 Nursing Home $275 o~- Seasonal Permit Fee (no more than 4 consecutive $75 00 19 months, once a year) 20 Temporary Permit (no more than 14 consecutive days) $20 00 Application Fee for New Establishments, not including $250 00 21 Temporary Establishments