O89-01CITY OF KENNEDALE ORDINANCE NO. 89-1
An ordinance of the City of Kennedale including definitions; providing for the
sale of only sound, properly labeled food; establishing sanitation standards
for food protection and service; adopting by reference Texas Board of Health,
"Rules on Food Service Sanitation" and "Rules on Retail Store Sanitation ";
requiring permits for the operation of food establishments; designating Tarrant
County Health Department Director as the health authority; requiring food
service manager certification in food sanitation; and providing .remedies and
penalties for violations of the ordinance.
Be it ordained by the City Council of the municipality of Kennedale as
follows:
Section 1: Designation of Health Authority
The City of Kennedale designates the Tarrant County Health Department Director
as its health authority for the purpose of insuring minimum standards of
environmental health and sanitation within the scope of that department's
function.
Section 2: State Regulations Adopted
a. There is hereby adopted by reference the Texas Department of Health, Divi-
sion of Food and Drugs "Rules on Food Service Sanitation 301.73.11.001 - .011"
and the "Rules on Retail Food Store Sanitation 229.231 - .239 ", and "The
Texas Food, Drug and Cosmetic Act" (Article 4476 -5 Vernon's Civil Statues),
and "Texas Sanitation and Health Protection Law" (V.C.S. Article 4477 -1).
b. A certified copy of each rule manual (above) shall be kept on file in the
office of the City Secretary.
Section 3: Definitions
(All definitions in "Rules on Food Service Sanitation" and "Rules on Retail
Food Store Sanitation" are hereby adopted. In addition of the following defini-
tions shall be understood:)
a. Regulatory authority - shall be understood to mean representative of the
Tarrant County Health Department.
b. Health Department - shall be understood to mean representatives of the
Tarrant County Health Department.
c. Service of notice - A notice provided for in these rules is properly served
when it is delivered to the holder of the permit or the person in charge,
or when it is sent by registered or certified mail, return receipt requested,
to the last known address of the holder of the permit.
d. Ownership of business - shall mean the owner or operator of the business.
Each new business owner or operator shall comply with the current code
of the city.
e. Food establishment - shall mean all places where food or drink are
manufactured, packaged, produced, processed, transported, stored, sold,
commercially prepared, or otherwise handled, whether offered for sale,
given in exchange or given away for use as food or furnished for human
consumption. The term does not apply to private homes where food is
prepared or served for guest and individual family consumption. The
location of commercially packaged single portion nonpotentially hazardous
snack items and wrapped candy sold over the counter is excluded.
f. Childcare facility - shall mean a facility keeping more than twelve (12)
unrelated children that provides care, training, education, custody or
supervision for children under fifteen (15) years of age, who are not
related by blood, marriage or adoption to the owner or operator of the
facility, for all or part of the day, whether or not the facility is
operated for profit or charges for the services it offers. Non- profit
facilities will be required to make application for a permit and meet
current requirement but are exempt from payment of the permit fee.
Section 4: Food Permits
a. Requirement It shall be unlawful for any person to operate a food
establishment in the city, unless he possesses a current and valid health
permit issued by the health department.
b. Posting A valid permit shall be posted in public view in a conspicuous
place at the food establishment for which it is issued.
c. Non- transference (Change of ownership) Permits issued under the provisions
of this article are not transferable. Upon change of ownership of a
business the new business owner will be required to meet current standards
as defined in city ordinances and state law before a permit will be issued.
d. Multiple permits A separate permit shall be required for every type food
establishment, temporary food establishment, and childcare facility
whether situated in the same building or at a separate location. Lounge
operations located in the same building on the same floor operating under
the same liquor license will not require a separate permit.
e. Suspension of permit The health department may suspend any permit to
operate a food establishment if the operation of the establishment does
not comply with the requirements of this ordinance, state laws and rules,
or the operation of the food establishment otherwise constitutes an
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imminent health hazard, Before a permit is suspended, the holder of the
permit shall be afforded an opportunity for a hearing within ten (10)
days of receipt of a written request for a hearing. Suspension is ef-
fective after a ten day notice period is given by the health department in
the event a public hearing is not requested. When a permit is suspended,
food service operations shall immediately cease.
f. Notification of right to hearing Whenever a notice of suspension is
given, the holder of the permit or the person in charge shall be noti-
fied in writing that an opportunity for a hearing will be provided. If
no written request for hearing is filed within ten (10) days, the permit
is suspended. The health department may end the suspension any time if
reasons for suspension no longer exist.
g. Revocation of permit The health department may, after providing notice
and an opportunity for a hearing, revoke a permit for serious or repeated
violations of any of the requirements of these rules or for interference
with the health department in the performance of its duties. Prior to
revocation, the health department shall notify the holder of the permit
or the person in charge, in writing of the reason for which the permit is
subject to revocation and that the permit shall be revoked at the end of
the ten (10) days following service of such notice. Unless a written
request for a hearing is filed with the health department by the holder
of the permit within such ten day period, the revocation of the permit
becomes final.
h. Service of Notices A notice provided for in these rules is properly served
when it is delivered to the holder of the permit, license, or certificate,
or the person in charge, or when it is sent by registered or certified
mail, return receipt requested, to the last known address of the holder
of the permit, license, or certificate. A copy of the notice shall be
filed in the records of the regulatory authority.
i. Hearings The hearings provided for in these rules shall be conducted by
the regulatory authority at a time and place designated by it. Based upon
the recorded evidence of such hearings, the regulatory authority shall
make a final finding, and shall sustain, modify or rescind any notice or
order considered in the hearing. A written report of the hearing deci-
sion shall be furnished to the holder of the permit, license, or certifi-
cate by the regulatory authority.
j. Right of appeal Any permit holder who wishes to dispute the decision of
a hearing may appeal the decision to the director of the Tarrant County
Health Department.
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k. 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 to the health department.
1. Permit fees
1. Food establishments - A fee of $100.00 per health permit is required
annually. Fees are due payable on or before January 3, 1989 and
are paid to Tarrant County Health Department at 1800 University Drive,
Fort Worth, Texas 76107
2. Temporary establishments - A fee of $25.00 per health permit is required
of any food establishments operating less than 14 days. Fees are due
and payable as listed in Item 1.
Section 5: Review of Plans
a. Submission of Plans Whenever a food establishment is constructed or
extensively remodeled and whenever an existing structure is converted to
use as a food establishment, properly prepared plans and specifications
for such construction, remodeling, or conversion shall be submitted to the
health department for review and approval before construction, remodeling
or conversion is begun. The plans and specifications shall indicate the
proposed layout, arrangement, mechanical plans, and construction materials
of work areas, and the type and model of proposed fixed equipment and
facilities. The health department shall approve the plans and specifica-
tions if they meet the requirements of these rules. No food establishment
shall be constructed, extensively remodeled, or converted except in accor-
dance with plans and specifications approved by the health department.
b. Pre- operational Inspection The health department shall inspect any food
establishment prior to its beginning operation to determine compliance
with approved plans and specifications and with the requirements of these
rules.
Section 6: Food Manager Certification
a. Requirement Every permitted food establishment except establishments
dealing only in: fresh produce; nonpotentially hazardous food; and /or
prepackaged potentialy hazardous food shall have a person employed in
a managerial capacity possessing a current food manager's certificate
issued by the health department. A certified manager or person in charge
must be on duty during all hours of operation of any nonexempt food service
establishment employing six (6) or more employees per eight hour shift
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Upon written application and presentation of evidence of satisfactory
completion of a food manager's course, equivalent training, or examina-
tion as approved by the director of public health, the health department
shall issue a food manager's certificate valid for three (3) years from
the date of training or evaluation unless sooner revoked. Suspension or
revocation of an establishment's health permit by the health department
shall constitute cause for revocation of that manager's certification.
Whenever the food service operator holding the certificate terminates
employment, is terminated, or is transferred to another food establish-
ment, the person owning, operating or managing the food establishment
shall be allowed sixty (60) days from the date of termination or transfer
of the certificate holder to comply with this section.
b. Exemptions from certificate requirement Temporary food establishments
and persons participating as volunteer food handlers performing charitable
activities for periods of fourteen (14) days or less may be exempted from
the requirement for manager's certificate.
Section 7: Fine for Violations
Any person who violates a provision of this ordinance, upon conviction in the
municipal court of Kennedale shall be subject to a fine not to exceed $1,000
for each offense, and each and every day such violation continues shall consti-
tute a separate offense.
PASSED IN OPEN SESSION OF THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, on
January 12, 1989.
APP D:
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ATTEST:
City Secretary
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