Loading...
2004-080S:\Our Documents\Ordinances\03~Food Service Ord 2.doc AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 13 FOOD AND FOOD SERVICE ESTABLISHMENTS OF THE CITY OF DENTON CODE OF ORDINANCES BY MAKING CONFORMING CHANGES IN ACCORDANCE WITH TEXAS FOOD ESTABLISHMENT RULES PROMULGATED BY THE TEXAS DEPARTMENT OF HEALTH; PROVDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVDING FOR A PENALTY NOT TO EXCEED $2,000 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1: That Chapter 13 FOOD AND FOOD SERVICE ESTABLISHMENTS* is hereby amended as follows: *Editor's note--Ord. No. 93-058, § I, adopted April 6, 1993, amended former Ch. 13, relative to food and food establishments, in its entirety to read as herein set out. The provisions of former Ch. 13 derived from Code 1966, §§ 11-20--11-25, 11-36--11-42 and Ord. No. 90-147, § I, adopted Oct. 2, 1990. Cross reference(s)--Health and human services generally, Ch. 14. State law reference(s)--Seizure and destruction of unwholesome food, Vemon's Ann. C.C.P. art. 9.06; unwholesome food, drink or medicine, V.T.C.A., Penal Code § 32.42; milk grading and sanitation, V.T.C.A., Health and Safety Code § 435.001 et seq.; Texas Food, Drug and Cosmetic Act, V.T.C.A., Health and Safety Code § 431.001 et seq.; regulation of food service establishments, V.T.C.A., Health and Safety Code § 437.001 et seq. ARTICLE I. IN GENERAL Sec. 13.1 The Texas Food Establishment Rules as amended by the Texas Board of Health found in 25 Texas Administrative Code, Chapter 229, sections 161 through 171 and 173 through 175 regarding the regulation of food establishments in this jurisdiction is hereby adopted as the minimum standards for food service operations within the corporate limits of the City of Denton, Texas. Wherever in said rules the words "municipality of Denton" appear, they shall be understood to refer to the City of Denton 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 Texas Food Establishment 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. (Ord. No. 93-058, § I, 4-6-93) Sec. 13-2. Definitions. (a) Administrator shall mean the Building Official, or their designated employee, of the City of Denton. (e) Critical violation shall mean violation of 4-point or 5-point weighted items on the inspection report form utilized by the city's health officer and shall require immediate corrective action. (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, nursing home, private club or any place 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 operations do not expose the public to a substantial and imminent health hazard as determined by the city health officer: (1) An establishment which handles only fresh unprocessed fruits, nuts, and vegetables and which operates from a unit, which is mobile in nature. (2) The sale, distribution, or service of food at an event, party or other special gathering that is not open to persons other than the members or invited guests of the sponsor, 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) Health officer shall mean a sanitarian or health inspector of the City of Denton. (j) Health or regulatory authority shall mean the City of Denton. Delete sections (o) and (p) and reletter the remaining sections as follows: (n) 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. (o) 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 meats intended for human consumption, whether such unit is inside an enclosed building or in an outdoor area. (p) 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. (q) 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 foregoing requirements and it is used or sold prior to the expiration date marked on the package. (Ord. No. 93-058, § I, 4-6-93; Ord. No. 97-114, § I, 4-1-97) -2- Cross reference(s)--Definitions and rules of construction generally, § 1-2. Sec. 13-5. Sale or other disposition of unwholesome food prohibited. It shall be unlawful for any person, association of persons, firm, food service establishment, temporary food service establishment 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. (Ord. No. 93-058, § I, 4-6-93) Sec. 13-6. Registration of food service establishments based outside city. A food service establishment or commissary operating fi:om 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) Furnishes. the health officer with a certificate from a health authority having jurisdiction over the establishment indicating that the establishment complies with applicable health laws; or (2) Furnishes the health officer other information that the administrator determines is necessary to enforce the provisions of this chapter or otherwise protect the public health or safety. (Ord. No. 93-058, § I, 4-6-93) ARTICLE II. FOOD SERVICE ESTABLISHMENTS Sec. 13-20. Permit required. It shall be unlawful for any person, association of persons, firm or corporation to operate a food service establishment in the city without having obtained a permit under the terms of this section. (Ord. No. 93-058, § I, 4~6-93;Ord. No. 9%114, § II, 4-1-97) Sec. 13-22. Permit Issuance. (a) Upon receipt of an application and payment of the applicable 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 current 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 public inspection at the offices of the city secretary or the health officer. -3- 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 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. (b) In the event a food permit application is rejected, the administrator shall notify the applicant of the rejection in writing. The notice shall specify the reasons 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. (c) Permits shall not be transferable. A person who acquires an existing food service establishment shall not operate the establishment without obtaining a new permit within ten (10) days from the date of the change of ownership. (d) Each food service establishment shall display a valid permit in public view in the establishment. (e) A permit will be good for a period of twelve (12) months with the expiration date being the last day of the month the permit was issued; temporary, and seasonal permits shall expire in accordance with their terms. (f) Acceptance of a permit issued by the administrator constitutes agreement by the establishment to: (1) Comply with all conditions of the permit and all applicable provisions of this chapter; and (2) Allow the lawful inspection of its facility and operations. (Ord. No. 93-058, § I, 4-6-93; Ord. No. 95-182, § I, 9-12-95; Ord. No. 97-241, § I, 9-2-97) Sec. 13-23. Temporary food service establishments (e) Permits for temporary food service establishments that are not operating in conjunction with a special event or community-based event shall be limited to three (3) permits per year per establishment. (2) The term temporary food service establishment shall not include concession stands, which operate at a fixed location in conjunction with scheduled, community-based sporting or recreational events provided that the preparation and serving of potentially hazardous foods shall be restricted to only those pre-cooked, pre-packaged potentially hazardous food products that have been properly prepared in accordance with all Texas Department of Health and local requirements and are properly stored, handled, and served in the unopened, original package from said concession stands. In such instances where open potentially hazardous foods are -4- prepared on site from a concession stand, these shall be evaluated on a case-by-case basis and a determination shall be made as to requirements. (3) A temporary food service establishment shall not: (a) officer; or Prepare, serge, sell or distribute any food not approved in advance by the health (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 pr/or to consumption (including, but not limited to, a hamburger or frankfurter) or may prepare potentially hazardous food that is obtained by the establishment in individual servings; (4) A temporary food service establishment shall comply with liquid waste disposal ordinances, solid waste disposal ordinances and fire codes. (5) A temporary food service establishment shall comply with Section 229.170 a-k of Texas Food Rules 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. (Ord. No. 93-058, § I, 4-6-93) Sec. 13-24. Plans and permits. (a) The owner shall submit plans and specifications for construction 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 for approval before work is begun, when a food service establishment is constructed, 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. (b) In a food service establishment, the food preparation area shall be of adequate size and shall constitute a minimum of twenty-five (25) percent of the total square footage of the occupied permitted area. (c) In a food service establishment, dry storage areas shall be of adequate size and shall constitute a minimum of fifteen (15) percent of the total square footage of the food preparation area. -5- (d) The minimum requirements specified in subsection (b) of this section shall be applicable to all establishments for which building permits are issued after April 18, 1993. (e) Construction Standards for New or Remodeled Food Establishments. All plans submitted shall include information on the following specifications: (1) (2) (3) (4) (5) (6) (7) (8) (9) (lO) (I1) Floors: In food preparation areas, storage areas, utensil washing areas, restrooms, and dressing rooms, floors shall be constructed of smooth, durable, easily cleanable, non- absorbent materials of commercial grade. Flooring must be light colored, without texture or patterns that create difficult places to clean. In addition to the kitchen areas of day care centers, floors in food service areas of classrooms shall meet these requirements. Walls/Ceilings: hi food preparation, storage, utensil washing areas, and restrooms, walls and ceilings must be smooth (not textured), easily cleanable, non-absorbent, light in color, and durable. Wall areas behind sinks or places that receive heavy use must be finished with FRP, ceramic tile, epoxy type paint or similar materials to withstand moisture. Bathroom walls shall be finished (as those listed above) behind plumbing fixtures to a height of at least four (4) feet up from the floor. Heavy food preparation areas behind stoves, grills, and fryers shall be of stainless steel from floor to ceiling. Auxiliary Equipment: water heaters, washing machines, dryers, remote connected refrigerators, compressors, and air conditioners must be located outside of food preparation areas. Ice Machines: aretobe ofadequate size and located in areas that meet the wall, floor and ceiling design standards for food preparation areas. Do not locate an ice machine near sources of potential contamination, such as exposed sewer lines, open stairwells, etc. Aisles and Working Spaces: shall be unobstructed and of sufficient width to permit employees to readily perform their duties without contaminating food or food contact surfaces by clothing or personal contact. Sneeze Guards: required for all buffet and salad bars. Average height is four feet six inches (4'6") to five feet (5') from the floor. Storage Rooms: wood shelving is allowed for dry storage use only if finished with varnish or high gloss type paint to make sure it is smooth, non-absorbent, and easy to clean. Toilet Facilities: public access cannot be through the kitchen. Sinks: shall be the number required by law. A handsink shall be located within every 25 linear feet of unobstructed space in food preparation and utensil washing areas so it is convenient for employees to wash hands as often as necessary. If sink is too close to other equipment or sinks, a splashguard may be required. Sinks are to be of adequate size to allow for the thorough washing of hands and forearms. Blower dryers shall not be allowed as a means of drying hands in food preparation areas. Note: at the discretion of the City of Denton, additional sinks such as pot sinks, produce washing sinks, etc. may be required. Equipment and Utensils: all equipment is to be NSF approved or commercial grade. Refrigerators/Freezers: must be of commercial type, and each unit must have a numerically scaled indicating thermometer. Walk-in coolers must be commemially built and have interiors of impervious, non-absorbent materials. Wood and marlite surfaces in -6- (12) (13) walk-ins are not allowed. Shelves must be resistant to rust. Mechanical refrigeration is required on salad bars, etc. for holding cold foods cold; holding foods in ice will not be acceptable. Water Heater: must be of adequate size to provide enough hot water for all hand washing, ware washing, and cleaning. Minimum sizes: 50 gallons in heavy food preparation establishments; 30 gallons in light food preparation establishments; and 20 gallons in no food preparation establishments. Kitchens in day care centers shall comply with all rules of this code except that the size of the kitchen may be determined on a case-by-case basis as approved by the City of Denton. (Ord. No. 93-058, § I, 4-6-93; Ord. No. 97-114, § III, 4-1-97) Sec. 13-25. Expiration and renewal of permits. (a) A permit lapses and is void unless the applicable permit fee is received by the City of Denton before the expiration date of the existing permit. (b) A permit lapses and is void if the food service establishment operating under the permit constructs a new facility or changes ownership. (Ord. No. 93-058, § I, 4-6-93; Ord. No. 97-114, § iV, 4-1-97) Sec. 13-29. Hearing. A heating of the appeal shall be conducted by the Building Construction Advisory and Appeals Board. The heating shall be held at a time and place designated by the Building Construction Advisory and Appeals Board. The Building Construction Advisory and Appeals Board shall hear and consider evidence offered by any interested person. Based upon the recorded evidence of such heating, the Building Construction Advisory and Appeals Board shall sustain, modify or rescind any notice or order considered in the hearing by a majority vote and provide a written report of the heating decision to the holder of the permit. The decision of the Building Construction Advisory and Appeals Board is final as to administrative remedies, and no reheating may be granted. Once the decision of the Building Construction Advisory and Appeals Board is final under this section, the applicant or permit holder may appeal the decision to the state district court or court of appropriate jurisdiction. (Ord. No. 93-058, § I, 4-6-93) Delete Section 13- 33 Correction of Violations. Sec. 13-34. Reinspection. (d) Re-inspection for failure to meet required score shall be performed within fourteen (14) calendar days immediately following the orig/nal inspection, or as soon as possible thereafter, -7- except that where an establishment is closed due to a score below sixty (60), pursuant to section 13-62, the original inspector shall determine the time of the re-inspection. (Ord. No. 93-058, § I, 4-6-93; Ord. No. 97-114, § VI, 4-1-97) Sec. 13-35. Fee for re-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 seventy-five (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. (d) The person, partnership, or corporation listed as "owner" 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. (Ord. No. 93-058, § I, 4-6-93) Sec. 13-36. Examination and condemnation of food. 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 therefore, place a hold order on any food, which he believes is in violation of Section 229.171 2 (N) of the Texas Food Establishment Rules or any other provision of the rules. The health officer shall tag, label, or otherwise identify any food subject to 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. (Ord. No. 93-058, § I, 4-6-93) ARTICLE IV. REGULATION OF FOOD HANDLERS* *Cross reference(s)--Licenses, permits and business regulations generally, Ch. 16. State law reference(s)--Regulation of food service employees, V.T.C.A., Health and Safety Code § 438.031 et seq. -8- Sec. 13-40. Food handler's card required. (a) Every person whose work brings them into contact with the handling of food, utensils, or food service equipment must possess a valid food handler's card. (b) Every person who owns, manages, or otherwise controls any food service establishment shall not permit any person to be employed therein who does not possess a valid food handler's card within ten (10) days from the date of their employment. (Ord. No. 93-058, § I, 4-6-93) Sec. 13-41. Exemptions. (a) Every person who possesses a current and valid State approved certificate shall be exempt from the requirements of section 13-40. (b) Three year card: Foodservice workers who have received a food handler's card for three (3) consecutive years may apply for a card that would be effective for the next three (3) years. (Ord. No. 93-058, § I, 4-6-93) Sec. 13-42. Food handler's card. In order to receive a food handler's card, every person must achieve a score of seventy (70) or above on the basic knowledge test administered by the City of Denton. This requirement must be met upon expiration of a food handler's card and upon application for a new food handler's card. (Ord. No. 93-058, § I, 4-6-93; Ord. No. 97-114, § VII, 4-1-97) Sec. 13-43. The permit holder of the food service establishment shall make food handler cards and food manager certificates available for immediate inspection upon request by the regulatory authority. (Ord. No. 93-058, § I, 4-6-93) Sec. 13-44. Duration of food handler card. Any food handler's card issued under the provisions of this article shall remain in full force and effect twelve (12) months from the date of issuance, unless exempt under Section 13-41. (Ord. No. 93-058, § I, 4-6-93) Sec. 13-45. Same-nontransferable. Every food handler card issued under the provisions of this chapter shall be nontransferable. (Ord. No. 93-058, § I, 4-6-93) -9- ARTICLE V. VENDORS, CATERING TRUCKS, MOBILE UNITS AND OUTDOOR SMOKER UNITS, AND SNOW-CONE VENDORS Sec. 13-51. Requirements for snow cone vendors. (a) A snow cone vendor shall be limited to the sale of snow cones and pre-packaged items only and shall have a: Commercially approved source for ice and syrup; Hand wash sink with hot and cold running water under pressure, soap, and paper (1) (2) towels. (3) At least a two (2) compartment sink (with hot and cold nmning water under pressure) for washing and sanitizing utensils. (4) 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. (Ord. No. 93-058, § I, 4-6-93) Sec. 13 -53. Requirements for mobile units. (a) All mobile units originating from or serving food within the city must have a valid food service permit, which must be kept in the vehicle at all times. The permit must bear the name of the registered owner of the truck and track license plate number. (Ord. No. 93-058, § I, 4-6-93; Ord. No. 97-114, § VIII, 4-1-97) Delete Section 13-55. Outdoor Smoker IJnits. ARTICLE VI. ENFORCEMENT Sec. 13-61. Violations. (a) The Building Official of the City of Denton, 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. (b) Whenever the health officer determines that there has been a violation of any provision of this chapter, which in his judgment can jeopardize the public health, or for violation of any - 10- items, which have been noted as problems on two (2) or more consecutive inspection reports, the health officer may issue a written citation for said person to appear in court. (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 proposes of enforcing the provisions of this chapter. (Ord. No. 93-058, § I, 4-6-93; Ord. No. 97-114, § IX, 4-1-97) Sec. 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 storage, manufacture, or sale of food or drink for human consumption whenever: (1) The health officer, upon inspection of an establishment, finds sufficient violations, which cause the rating score of said establishment to be below a total of sixty (60) points; (2) The health officer finds that an establishment is operating with no working refrigeration units; (3) The health officer finds that an establishment is operating without running water or hot water for a period of more than one (1) hour; or (4) The health officer finds an establishment is operating without a functioning warewashing machine or adequate sinks for manual warewashing. (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 been removed or abated. (c) No person shall remove or alter in any way a sign, which has been posted by the health officer. (Ord. No. 93-058, § I, 4-6-93) SECTION 2: The Health Permit Fee Schedule set forth in Exhibit "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 Establishments". SECTION 3: This ordinance shall repeal every prior ordinance in conflict 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 -1I- cumulative except as to such prior ordinances or portions thereof as are expressly repealed hereby. SECTION4: Any person violating any provision of this ordinance, shall upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 5: If any provision of this ordinance or application thereof to any person or cimumstance is held invalid by any court, such hokFmg shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares that it would have enacted the remaining portions despite any such validity. SECTION 6: Save and except as amended hereby, all the sections, subsections, and clauses of Chapter 13 Food and Service Establishments of the Code of Ordinances of the City of Denton, Texas shall remain in full force and effect. SECTION 7: This ordinance shall become effective, after its passage and approval, on t~'ff/22.g/L ~q~ ,2003, and the City Secretary is hereby directed to cause the caption of this or~-inance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the ~ff~ay of ~/~/f~ d(~ ,2004 EUL1NE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY -12- Exhibit A: Health Permit Fee Schedule: Type of Establishment Fee One year Food Handler Card Three Year Food Handler Card $ 15.00 $ 45.00 2. Pool Manager's Certification $ 35.00 Wine and Beer Inspections (#s 3 - 7) 4. 5. 6. 7. Beer and Wine Permit - New Application Processing Fee Wine and Beer Retailer's Permit On Premises Wine and Beer Retailer's Off Premises Retail Dealer's On Premise License Beer only Retail Dealer's On Premise Late Hours License $ 25.00 $ 87.50 $ 30.00 $ 75.00 $125.00 8. Annual Swimming Pool Permit 9. Restaurants < 2,000 square feet Gross floor area 10. Restaurants > 2,000 square feet Gross floor area 11. Grocery Store _< 12,000 square feet Gross floor area 12. Grocery Store > 12,000 square feet Gross floor area 13. Convenience Store Without Deli 14. Convenience Store With Deli 15. Concession Stand, snow cone stand, or similar structure 16. Daycare Facility 17. Nursing Home / Bar/Bakery 18. Seasonal Permit Fee 19. Temporary Permit 20. Application Fee for New Establishments, not including Temporary Establishments 21. Replacement Cards $160.00 $310.00 $485.OO $325.00 $450.00 $250.00 $300.00 $175.00 $150.00 + $1.00/each child licensed $275.00 $ 75.00 $ 20.00 $250.00 $ 5.00 -13-