O489ORDINANCE NO. 489
ADOPTING BY REFERENCE THE TEXAS FOOD ESTABLISHMENT RULES:
AN ORDINANCE REGARDING THE REGULATION OF FOOD
ESTABLISHMENTS INCLUDING FOOD SERVICE ESTABLISHMENTS,
RETAIL FOOD STORES, TEMPORARY FOOD ESTABLISHMENTS,
MOBILE LE FOOD UNITS, AND ROADSIDE FOOD VENDORS;
REQUIRING PERMITS FOR FOOD MANAGERS AND FOOD
HANDLERS AND PROCEDURES FOR THE SUSPENSION OR
RELOCATION OF PERMITS; REQUIRING CONSTRUCTION PLANS
FOR FOOD ESTABLISHMENTS; PROVIDING THAT THIS ORDINANCE
IS CUMULATIVE OF ALL RDINADE # PROVIDING A BEVERABILITY
CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS OF THIS
ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
Section 1. Adoption of Texas Food Establishment Rules
A. The City of lannedala adopts by reference the provisions of the rules, as
amended by the Executive Commissioner of the Health and Human Services
Commission, found in 25 Texas Administrative Dodo, Chapter 229, Sections 161
through 171 and Sections 173 through 175, regarding the regulation of food
establishments in this jurisdiction.
B. Definitions:
"Authorized agent or employee" means the employees of the regulatory
authority.
"Food establishment" means a food service establishment, a retail food store, a
temporary food establishment, a mobile food unit, and/or a roadside food vendor.
"Rules" means the state rules found at 25 Texas Administrative Code, Chapter
229, Sections 161 through 171 and Sections 17 through 175. These rules are
also known as the Texas Food Establishment Rules.
"Regulatory authority" means the Tarrant County Public Health Department.
Section 2. Perm'fts and Exemi3fIona
A person may net operate a feed establishment without a permit issued by the
regulatory authority. Permits are not transferrable from one parson or entity to another
or from one location to another location, except as otherwise permitted by this
ordinance. A valid permit must be visibly posted in or on every feed establishment
regulated by this ordinance.
Section .- PPl'oation for Permit and Fees
A . Any person desiring to operate a food establishment must make a written
application for a permit on forms provided by the regulatory authority. The
application must contain the name and address of each applicant, the location
and type of the proposed food establishment and the applicable fee. An
incomplete application will not be accepted. Failure to provide all required
information, or falsifying information req uired may result in denial or revocation of
the permit. Renewals of permits are required on an annual basis and the same
information is required for a renewal permit as for an initial permit.
B. Prior to the approval of an initial permit or the renewal of an existing permit, the
regulatory authority shall inspect the proposed food establishment to determine
compliance with state laws and rules. A food establishment that does not comply
with state laws and rules will be denied a permit or the renewal of a permit.
c� Fees for permits issued under this ordinance shall be as listed in the attached fee
schedule.
Section 4. Review of Plans
A. 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 time regulatory authority for review before work i
begun. Extensive remodeling means that 0% or greater of the area of the food
establishment is to be remodeled or when equipment required by the rules is to
be relocated or removed. The plans and specifications shall indicate the
proposed layout, equipment arrangement, mechanical plans and construction
materials of work areas, and the type and model of proposed fixed equipment
and facilities. The plans and specifications will be approved by the regulatory
authority if they meet the requirements of the rules adopted by this ordinance.
The approved plane and specifications must be followed in construction,
remodeling or conversion.
B. Failure to follow the approved plans and specifications will result in a permit
denial, suspension, or revocation.
C. Fees for the review of plans shall be as listed in the attached fee schedule.
Section S. Inspections
A. Before a permit is issued, the regulatory authority or its authorized representative
shall inspect and approve the food establishment. An inspection of a food
establishment shall be performed at least once annually and shall be prioritized
based upon assessment of a food establishment's compliance and potential of
causing foodborne illness according to 25 TAC 229.171 (h).
B. The regulatory authority shall classify food establishments as special priority,
high priority, medium priority or lore priority, according to the type of operations;
particular foods that are prepared; number of people served; susceptibility of the
population served; history of violations and any other risk factor deemed relevant
to the operation.
C. Refusal 'of an owner, manager or employee to alloy the authorized
representative of the regulatory authority, upon presentation of credentials, to
W
nspect any permitted business or operation therein during normal business
hours will result in an immediate suspension of the permit, requiring all permitted
activities to be abated until after such time as a hearing may be held as provided
in Section 74
Section 6. Food Manager I Food Handier Certification
Requirements:
A. Each food service establishment shall have at least one person employed in
managerial capacitor possessing a current food manager certificate approved by
the regulator} authority.
B. Each food service establishment with six or more employees that is required to
have certified food managers rust have at least one certified manager on site
during all operations.
C. Every employee of a food service establishment other than a certified food
manager must maintain a valid food handler certification registered with the
regulatory authority.
D. Food handler certification shall be valid for a period of up to three years as
determined by the regulatory authority.
E. Food manager and food handler certification documentation must be maintained
in the food service establishment and presented upon request by the regulatory
authority.
Section 7. Suspension of Permit
A. The regulatory authority may, without warning, notice or hearing, suspend any
permit to operate a food establishment if the operation of the food establishment
constitutes an imminent hazard to public health. Suspension is effective upon
service of the notice required by Section 7.13. of this ordinance. When a permit is
suspended, food operations shall immediately cease. Whenever a permit is
suspended, the holder of the permit shall be afforded an opportunity for a hearing
within ten days of receipt of a request for a hearing.
B. whenever a permit is suspended, the holder of the permit or the person in
charge shall be notified in writing that the permit i, upon service of the notice,
immediately suspended and that an opportunity for a hearing will be provided if a
written request for a hearing is filed with the regulatory authority by the holder of
the permit within ten days. If no written request for hearing is filed within ten
days, the suspension is sustained. The regulatory authority may end the
suspension at any time if reasons for suspension no longer exist.
Section 8. Revocation of Permit
A. The regulatory authority may, after providing 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 regulatory authority in the performance of its duties.
Prior to revocation, the regulatory authority 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 he revolved at the end of the ten days
following service of such notice unless a written request for a hearing is filed with
the regulatory authority by the holder of the permit within such ten day period.
B. If no request for hearing is filed within the ten day period, the revocation of the
permit becomes final.
Section 9. Administrative Process
A. A notice as required 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 nail, return receipt requested, to the last mown address of the holder of
the permit as shown on their permit application. A copy of the notice shall be filed
in the records of the regulatory authority.
B. 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 hearing, the regulatory authority shall make final findings, and shall
sustain, modify or rescind any notice or order considered in the hearing. A written
report of the hearing decision shall be furnished to the holder of the permit by the
regulatory authority.
Section 10. Remedies
A. Any person who violates a provision of these rules and any person who is the
permit holder of or otherwise operates a food service establishment that does not
comply with the requirements of these rules and any responsible officer of that
permit holder or those persons shall be fined not more than 000 dollars for
eac offense.
B . The regulatory authority may seer to enjoin violations of these rules.
Section 11. cumulative
This ordinance shall be cumulative of all provisions of ordinances and the Code
of the city of I ennedale, Texas, except where the provisions of this ordinance are in
direct conflict with the provisions of such and code, in which event the conflicting
provisions of such ordinances and code are hereby repealed.
Section 12. s verabiiit�r
If any section, subsection, sentence, clause, phrase, or portion of this ordinance
is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct, and independent provision and such
holding shall net affect the validity of the remaining portions of this ordinance.
Section 13. Pe�ait
A ny person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this ordinance
shall be fined not more than Two Thousand Dollars ( for each offense. Each
day that a violation is permitted to exist shall constitute a separate offense.
Section 14. savings
All rights and remedies of the City of l ennedale are expressly saved as to any
and all violations of the provisions of the Fennedale city code (1991), as amended, or
any other ordinances regarding regulation of food establishments that have accrued at
the time of the effective date of this Ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or Trot, under such
ordinances, sane shall not be affected by this ordinance but may be prosecuted until
final disposition b the courts.
Section 15. Publication
The city Secretary of the city of Kennedale is hereby directed to publish in the
official newspaper of the City of Kennedale the caption, penalty clause, publication
clause and effective date clause of this ordinance as provided by Section 3.10 of the
Charter of the city of Fennedale.
Section 16. Effective Date
This Ordinance shall be in full force and effect from and after its passage and
publication as required by law, as it is so ordained.
PASSED AND APPROVED ON THIS 11 DAY OF AUGUST, 2011
Bryan Lankhorst, Mayor
F�IIIaTI
r f
' 4
Amethyst G. Cidi City Secretary
APPROVED AS TO FORM AND LEGALITY.
City Attorney
Plan Review
500 sq. ft @.
T ARRA N T COUNTY
FO OD PROGRAM FE E SCHEDU
r oo Store
T > 3000 s, ft.
< 5040 sq. &
$200
000 sq� ft.,
$300
F ood Ser
From 31 -60 days
50 sq.. 1 -
100
500<1500 sq. ft.
$150
1500< 3000 sq. ft.
$200
3000<6 000 sq ft,
$250 -
6000 sq. ft.
+ $300
C h i ld Care Food Servic
$ 150
C aterilig Operation
$250
Food. Co urt
+ $200 p er establisbmQnt
Adjunct operation
- f
Food Service
150 per independent operation
Feed St ore < 5000 sq. ft,
- $ per'rndependent 6p eration
Foo St ore >5 000 s q. ft.
$200 eper4 en
Cone ssair
No food prep
1
$100 - r
With f oo d prep
$2 00
I eb fi e Units
Pr e pac k a ged f oo d on ly
100
Ope and /or food p
$200
Pus arts
$
Plan Review
500 sq. ft @.
0
5o0< 00o s q. ft,
$50
T > 3000 s, ft.
$100
L at e Fee
From 1.30 days r
10% of fee Deed
From 31 -60 days
0% of fee Deed
The late fee increases 10% for each 30 day block until permit fee and late fee is paid.
P ermits that are more than 90 days overdue will he vo and required to reapply.
.einsp a etlon Fee
Required rein peetion
75
INVOICE
Sta - Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817) 390 -7761
Federal Tax ID 26- 2674582
Bill To:
CITY OF KENNEDALE
405 MUNICIPAL DR
KENNEDALE, TX 76060 -2249
CITY OF
Misc Fee
Customer ID: C
CIT33
Invoice Number: 3
317435431
Invoice Date: 8
8/19/2011
Terms: N
Net due in 21 days
Due Date: 8
8/31/2011
PO Number:
er Number: 3
31743543
IG e
073
Description: C
CITY OF KENNED
Publication Date: 8
8/19/2011
location S
S Zsi ,
.usage..,
, D
$12.00
Net Amount:
THE STATE
County of Te
$289.70
p
NX
V.
Before me, a PASSED AND APPROVED BY� THE hty and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star -Tele 'KENN bALE��ON T THE T DAY ram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the attac * OF AUGUST 2011. /S /MAYOR vas publisl n the above named paper on the listed dates: BIDS & LEGAL DEPT. TAR TELEGRAM
BRYAN LANKHORST /ATTEST /
(817) 215 - 23; /S /AMET'HYT E1RMa CEfiY 5
RETARY ' K.,O O LS O N_ ION, 'k,
/SJWAY
NE, K; LSN, GIfiY AT -.
TORNEY. Signed
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, Au uu 4, 2011.
Notary
Thank You For Your Payment