1997-114FILE REFERENCE FORM I 97-114 I
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Repealed by Ordinance No. 2004-080 03/23/04 ) [~
E \WPDOCS\0RD\CONSUMER HEA
OHDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTERS 13 AND 14 OF
THE CODE OF ORDINANCES TO REPLACE REFERENCES TO THE DIVISION OF
ENVIRONMENTAL HEALTH SERVICES WITH THE DIVISION OF CONSUMER HEALTH,
PROVIDING FOR A SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the division of Environmental Health Services of the
City of Denton has been renamed, and
WHEREAS, the Environmental Health Services division is now the
Consumer Health division, and
WHEREAS, Chapter 13 and Chapter 14 of the Denton Code of OrdI-
nances references the ,,Environmental Health Services" division, and
WHEREAS, references to ,,Environmental Health Services" in
Chapter 13 and Chapter 14 of the Denton Code of Ordinances need to
be replaced with "Consumer Health", NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That Section 13-2 Subsections (a), (1), and (]) of
the Code of Ordinances, Denton, Texas, are hereby amended to read
as follows
Sec. 13-2. Definitions.
(a) Administrator shall mean the administrator of the
d~vlslon of consumer health
(1) Health Officer shall mean a sanitarian or health inspec-
tor of the consumer health division of the city
{]) Health or regulatory authority shall mean the consumer
health division of the city
SECTION II That Section 13-20 Subsection (b) of the Code of
Ordinances, Denton, Texas, is hereby amended to read as follows
Sec. 13-20. Permit Required.
(b) Any person desiring to operate a food service establish-
ment shall make written applIcation for a permit at the office
of the consumer health division The application shall
include the applicant's full name, street and post off~ce
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 applicants If the application is for a
temporary or seasonal food service establishment, it shall
also include the inclusive dates of the proposed operation
SECTION III That Section 13-24 Subsection (a) of the Code of
Ordinances, Denton, Texas, is hereby amended to read as follows
Sec. 13-24. Plans and Permits.
(a) The owner shall submit plans and specifications for con-
structlon 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 consumer health division for approval before
work is begun, when a food service establishment is construct-
ed, or
(1) The nature of the operation changes,
(2) The establishment is extensively remodeled, or
(3) When an existing structure is converted for use as
a food service establishment
SECTION IV That Section 13-25 Subsection (a) of the Code of
ordinances, Denton, Texas, is hereby amended to read as follows
Sec. 13-25. Expiration and Renewal of Permits
(a) A permit lapses and is void unless the applicable permit
fee is received by the consumer health division before the
expiration date of the existing permit
SECTION V That Section 13-26 of the Code of Ordinances,
Denton, Texas, is hereby amended to read as follows
Sec. 13-26. Revocation of Permit.
The consumer health administrator may, after providing oppor-
tunity for a hearing, revoke a permit if the administrator deter-
mines that the manager or owner of a food service establishment
has
(1) Interfered with the health officer in the performance of
his duties, or
(2) Been convicted twice within a twelve-month period for a
violation of this chapter, or
(3) 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
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(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
establishment, 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-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
SECTION VI That Section 13-34 Subsection (a) of the Code of
Ordinances, Denton, Texas, is hereby amended to read as follows
Sec. 13-34. Reinspection.
(a) Any food service establishment inspected by the City of
Denton consumer health division which receives a score of
seventy-five (75) or below on any inspection must be reln-
spected
SECTION VII That Section 13-42 Subsection (a) of the Code of
Ordinances, Denton, Texas, is hereby amended to read as follows
Sec. 13-42. Food Handler's Permit.
(a) In order to receive a food handling permit, every person
owning, employed by, or otherwise connected with a food ser-
vice establishment whose work brings him into contact with
food, utensils, or food service equlgment is required to at-
tend a food handling school held by the City of Denton or to
achieve a score of seventy (70) or above on the basic knowl-
edge test administered by the consumer health division This
requirement must be met upon expiration of a food handler's
permit and upon application for a new food handler's permit
The administrator shall issue a permit to the applicant if the
applicant has
(1) Completed attendance of food handling school, or has
achieved a score of seventy (70) or above on the basic
knowledge test administered by the administrator, or
(2) Is not suspected of being
Page 3
a Infected with a disease in a communicable form
that can be transmitted by foods,
b A carrier of organisms that cause such a dis-
ease, or
c Infected with a boll, an infected wound, or an
acute respiratory infection
SECTION VIII That Section 13-53 Subsections (a) and (g) of
the Code of Ordinances, Denton, Texas, are hereby amended to read
as follows
(a) A mobile unit must have a commissary as a base of
operations Sald commissary must meet all requirements of
state law and
(1) Be inspected and permitted by the consumer health
division of the City of Denton, or
(2) Provide a copy of 1ts 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
(g) The applicant for a food permit for a mobile unit shall
present an inspection report to the consumer health division
This inspection shall have been made by the regulatory
authority with 3urlsdlctlon or the Texas Department of Health,
if the location of the commissary outside the corporate limits
of Denton, Texas
SECTION IX That Section 13-61 Subsection (a) of the Code of
Ordinances, Denton, Texas, is hereby amended to read as follows
Sec. 13-61. Violations.
(a) The administrator of the consumer health division, or any
of his designated employees, shall have the responsibility and
power to enforce all provisions of this chapter within the
corporate limits of the City of Denton, Texas
SECTION X That Section 14-26 of the Code of OrdInances,
Denton, Texas, is hereby amended to read as follows
Page 4
Sec. 14-26. Designation of City Health Officer.
The duties provided in this chapter shall be performed by the
city health officer The city health officer is the consumer
health manager
S CTI~ That Section 14-86 "Definitions" of the Code of
Ordinances, Denton, Texas, is hereby amended to read as follows
Sec. 14-86. Definitions.
The following words, terms and phrases, when used in this
article, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning
Administrative area means the area of an establishment not
generally accessible to the public, including but not limited to
individual offices, stockrooms, employee lounges, or meeting rooms
Director means the manager of the consumer health division of
the city
Food establishment means any operation defined as such in
section 13-1 of this Code
Hospital means any institution that provides medical,
surgical, and overnight facilities for patients
Public service areas means any area, other than an administra-
tive areas, to which the general public routinely has access for
municipal services and which is designated a public service area ~n
a written policy prepared in compliance with this article
Retail establishment means any establishment which primarily
sells goods to the general public
~II That the amendment of the Code of Ordinances,
Denton, Texas, by the enactment of this ordinance shall not be
construed as abandoning any action now pending under or by virtue
of said Code of Ordinances or as affecting any r~ghts of the City
under any section or prov~slon of any Code of Ordinances at the
time of passage of this ordinance
~XIII That this ordinance shall become effective
fourteen (14) days from the date of its passage, and the City
Secretary ~s 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
Page 5
PASSED AND APPROVED th~s the day of ~ , 1997
JAC~/M I LLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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