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HomeMy WebLinkAbout04559 ORD - 06/20/1956CJG/ MEM:5 /24/56 AN ORDINANCE TO PROTECT THE PUBLIC HEALTH AND WELFARE OF THE CITY OF CORPUS CHRISTJ, BY PROVIDING THAT IT IS UNLAWFUL FOR ESTABLISHMENTS HANDLING FOODSTUFFS DE- SIGNED FOR HUMAN CONSUMPTION TO EMPLOY PERSONS WHO ARE DISEASED, OR WHO HAVE NOT BEEN EXAMINED FOR DISEASE AT REGULAR INTERVALS OR TO FAIL TO DISCHARGE EMPLOYEES INFLICTED WITH DISEASE OR TO EMPLOY PERSONS WHO DO NOT HAVE FOOD HANDLER'S PERMITS: BY MAKING IT UN- LAWFUL FOR AN EMPLOYEE IN A FOOD HANDLING ESTABLISHMENT TO WORK WHO IS INFLICTED WITH A COMMUNICABLE DISEASE; BY PROVIDING FOR THE ISSUANCE OF FOOD HANDLERS PERMITS; BY PROVIDING FOR THE ISSUANCE OF HEALTH PERMITS; BY MAK- ING IT UNLAWFUL FOR ANY PERSON TO MAKE A FALSE STATE- MENT IN CONNECTION WITH THE ISSUANCE OF A HEALTH CERTIFI- CATE BY PROVIDING FOR HEALTH CERTIFICATES TO BE FILED; PROVIDING FOR A FEE FOR THE ISSUANCE OF A FOOD HANDLERS PERMIT; PROVIDING FOR THE DISPLAY OF FOOD HANDLER'S PERMITS; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; AND DECLARING AN EMERGENCY. WHEREAS, IT IS DEEMED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,TEXAS, DANGEROUS TO THE PUBLIC HEALTH AND WELFARE OF THE CITIZENS OF CORPUS CHRISTI THAT PERSONS SHOULD WORK IN ESTABLISHMENTS HANDLING FOOD DE- SIGNED FOR HUMAN CONSUMPTION IN CORPUS CHRISTI, TEXAS WITHOUT HAVING BEEN ACTUALLY AND THOROUGHLY EXAMINED TO DETERMINE WHETHER OR NOT SUCH PERSON IS SUFFERING FROM ANY TRANSMISSABLE CONDITION OF A CONTAGIOUS OR INFECTIOUS DISEASE, AND THAT THE ISSUANCE OF HEALTH CERTIFICATES IN THE CITY OF CORPUS CHRISTI SHOULD BE REGULATED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 705 -D OF THE PENAL CODE OF THE STATE OF TEXAS IN ORDER THAT THE PUBLIC HEALTH OF THE CITY OF CORPUS CHRISTI, TEXAS MAY BE BETTER PROTECTED; AND THAT ALL PERSONS ENGAGED IN HANDLING FOODSTUFF DESIGNED FOR HUMAN CONSUMPTION SHOULD BE REQUIRED TO HAVE FOOD HANDLER'S PERMITS FOR THE PROTECTION OF THE PUBLIC HEALTH. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. IT SHALL BE UNLAWFUL FOR ANY PERSON IN CHARGE OR CONTROL OF OPERATING OR CONDUCTING ANY HOTEL, CAFE, RESTAURANT, DINING ROOM OR ANY OTHER PUBLIC EATING PLACE, .BAKERY,MEAT MARKET, FISH MARKET, DAIRY, CANDY FACTORY OR ANY PLACE WHERE FOOD, FRUIT, CANDY, ICE CREAM, MILK OR MILK PRODUCTS ARE PREPARED, HANDLED OR STORED, SOLD, SERVED TO THE PUBLIC, KEPT FOR THE PURPOSE OF SALE OR OFFERED FOR SALE IN THE CITY OF CORPUS CHRISTI, TEXAS, TO WORK, EMPLOY, OR KEEP IN THEIR EMPLOY, OR PERMIT TO WORK IN OR ABOUT ANY SUCH PLACE, WHETHER EMPLOYED OR NOT, ANY PERSON WHO IS INFECTED WITH OR AFFECTED BY AN INFECTIOUS OR CONTAGIOUS DISEASE. SECTION 2. EVERY PERSON IN CHARGE OR CONTROL OF, OPERATING OR CONDUCTING ANY HOTEL, CAFE, RESTURANT, DINING CAR OR ANY OTHER PUBLIC EATING PLACE, BAKERY, MEAT MARKET, FISH MARKET, DAIRY, CANDY FACTORY OR ANY PLACE WHERE FOOD, FRUIT, CANDY, ICE CREAM, MILK OR MILK PRODUCTS ARE HANDLED, STORED, PREPARED, OFFERED FOR SALE, SOLD, SERVED TO THE PUBLIC, KEPT FOR THE PURPOSE OF SALE OR OFFERED FOR SALE IN THE CITY OF CORPUS CHRISTI, TEXAS, SHALL INSTITUTE AND HAVE MADE A PERSONAL MEDICAL EXAMINATION OF EACH AND ALL OF HIS EMPLOYEES OR OTHER PERSONS WHETHER EMPLOYED OR NOT, WORKING IN OR ABOUT SUCH PLACES, BY THE CITY PHYSICIAN REGULARLY EMPLOYED BY THE CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF CONDUCTING THE EXAMINATION OF PERSONS APPLYING FOR FOOD HANDLER'S PERMITS, AT INTERVALS NOT TO EXCEED SIX MONTHS, WHICH. SAID EXAMINATION SHALL BE CONDUCTED AS HEREIN AFTER PROVIDED, AND SHALL AFTER SUCH EXAMINATION BY SUCH PHYSICIAN, PROMPTLY DISCHARGE ANY PER- SON FOUND TO BE INFECTED BY OR AFFECTED WITH ANY INFECTIOUS OR CONTAGIOUS DISEASE; AND THE CITY PHYSICIAN SHALL REPORT THE RESULTS OF THE TESTS MADE AND THE RESULTS OF THE MEDICAL EXAMINATION TO THE EMPLOYER OF ANY EMPLOYEE. SECTION 3. IT SHALL BE UNLAWFUL FOR ANY PERSON IN CHARGE OR CON- TROL OF, OPERATING OR CONDUCTING ANY HOTEL, CAFE, RESTURANT, DINING CAR OR ANY OTHER PUBLIC EATING PLACE, BAKERY, MEAT MARKET, FISH MARKET, DAIRY, CANDY FACTORY, GROCERY STORE OR ANY PLACE WHERE FOOD, FRUIT, CANDY, ICE CREAM_ MILK OR MILK PRODUCTS ARE HANDLED, STORED, PREPARED, OFFERED FOR SALE, SERVED TO THE PUBLIC, KEPT FOR THE PURPOSE OF SALE OR OFFERED FOR SALE IN THE CITY OF CORPUS CHRISTI, TEXAS, TO EMPLOY OR HAVE IN HIS EMPLOY OR TO PERMIT TO WORK WHETHER EMPLOYED OR NOT, ANY PERSON WHO DOES NOT HAVE IN HIS POSSESSION A VALID FOOD HANDLERS PERMIT AS PROVIDED FOR IN THIS ORDINANCE. SECTION 4. IT SHALL BE UNLAWFUL FOR ANY PERSON TO WORK IN ANY HOTEL, CAFE, BOARDING HOUSE, RESTAURANT, DINING CAR OR OTHER PUBLIC EATING PLACE, BAKERY, MEAT. MARKET, FISH MARKET, DAIRY, ICE CREAM FACTORY, CANDY FACTORY, GROCERY STORE OR ANY PLACE WHERE FOOD, FRUIT, CANDY, ICE CREAM, MILK OR MILK PRODUCTS ARE HANDLED, STORED, PREPARED, OFFERED FOR SALE IN THE CITY OF CORPUS CHRISTI, WITHOUT HAVING THEN AND THERE IN HIS OR HER POSSESSION A VALID FOOD HANDLERIS PERMIT AS PROVIDED IN THIS ORDINANCE -2- SECTION 5. IT SHALL BE UNLAWFUL FOR ANY PERSON TO WORK IN OR ABOUT ANY HOTEL, CAFE, RESTAURANT, DINING CAR OR ANY OTHER PUBLIC EATING PLACE, BAKERY, GROCERY STORE, MEAT MARKET, FISH MARKET, DAIRY, CANDY FAC- TORY OR ANY OTHER PLACE WHERE FOOD, FRUIT, CANDY, ICE CREAM. MILK OR MILK PRODUCTS ARE PREPARED, HANDLED, STORED, SERVED TO THE PUBLIC, KEPT FOR THE PURPOSE OF SALE, OR OFFERED FOR SALE IN THE CITY OF CORPUS CHRISTI, TEXAS, WHETHER EMPLOYED IN SUCH PLACE OR NOT WHO IS INFECTED WITH OR AFFECTED BY ANY INFECTIOUS OR CONTAGIOUS DISEASE. SECTION 6. ALL FOOD HANDLER'S PERMITS IN THE CITY OF CORPUS CHRISTI, TEXAS, SHALL BE ISSUED BY THE FOOD HANDLER'S DIVISION OF THE HEALTH DEPARTMENT OF THE CITY OF CORPUS CHRISTI, TEXAS AND SHALL BE APPROVED BY THE CITY PHYSICIAN REGULARLY EMPLOYED BY THE CITY OF CORPUS CHRISTI FOR THE PURPOSE OF MAKING EXAMINATIONS FOR ISSUANCE OF HEALTH CERTIFICATES AND FOOD HANDLER'S PERMITS. SAID CITY PHYSICIAN TO BE A PHYSICIAN AUTHORIZED BY AND UNDER THE LAWS OF THE STATE OF TEXAS AND HAVING THE QUALIFICATIONS REQUIRED BY THE STATE BOARD OF HEALTH OF TEXAS AND APPROVED BY THE NUECES COUNTY MEDICAL SOCIETY. SECTION 7. ALL HEALTH CERTIFICATES PROVIDED FOR HEREIN SHALL BE ISSUED UNDER THE PROVISIONS OF THIS ORDINANCE AND ALL SUCH HEALTH CERTIFI- CATES SHALL BE CERTIFIED TO ON THE FORM ILLUSTRATED AS REQUIRED HEREIN. THIS FORM SHALL BE OF STANDARD IBM MACHINE SIZE AND CONTAIN INFORMATION AS INDI- CATED, AND SHALL BE THE ONLY FORM THAT SHALL BE USED IN THE CITY OF CORPUS CHRISTI, TEXAS FOR SUCH FOOD HANDLER'S PERMITS. QUESTIONS TO BE ASKED APPLICANT: 1. HAVE YOU EVER HAD TUBERCULOSIS OR LIVED IN A HOUSE WITH A PERSON WHO HAD TUBERCULOSIS? 2. DO YOU HAVE OR HAVE YOU EVER HAD DYSENTERY? 3. HAVE YOU EVER HAD TYPHOID FEVER? 4. HAVE YOU EVER HAD SYPHILIS? OR DISEASE OF THE BLOOD? SECTION e. (A) THE CITY PHYSICIAN MAKING AN EXAMINATION OF AN APPLICANT FOR THE ISSUANCE OF A HEALTH CERTIFICATE SHALL MAKE A CAREFUL EXAMINATION OF SUCH PERSON TO DETERMINE THE PRESENCE OF THE FOLLOWING CONDITIONS: -3- 1. POOR ORAL HYGIENE, VINCENTS DISEASE, GINGIVITIS OR STOMATITIS. 2. PUSTULAR SKIN INFECTIONS. 3. CONTAGIOUS DISEASES SUCH AS HANSENIS DISEASE. (B) A CAREFUL EXAMINATION OF SUCH PERSON SHALL BE MADE FOR TUBERCULOSIS BY MEANS OF A 70 M/M- PHOTOFLUROGRAPH X -RAY OF THE CHEST. IF THERE IS IN THE OPINION OF THE CITY PHYSICIAN EVIDENCE OF POSSIBLE ACTIVE TUBERCULOSIS IN SUCH MINATURE PHOTOFLUROGRAPHIC FILM THEN AT HIS DISCRETION A 14X17 INCH X -RAY MAY BE REQUIRED OF THAT APPLICANT THE RESULTING REPORT OF WHICH MUST BE IN WRITING AND ON FILE IN THE FOOD HANDLERls DIVISION OF THE CITY HEALTH DEPARTMENT, BEFORE ISSUANCE OF A HEALTH PERMIT. (C) IF THE PERSON EXAMINED HAS HAD TYPHOID FEVER OR DYSENTERY, TWO STOOL EXAMINATIONS SHOWING NEGATIVE REPORTS FOR TYPHOID OR DESENTERY BACILLI SHALL BE MADE BEFORE ISSUING A CERTIFICATE TO SUCH PERSON. (D) IF THE EXAMINATION SHALL REVEAL THAT THE APPLICANT IS INFECT- ED WITH VINCENTS DISEASE, GINGIVITIS, STOMATITIS OR IF IT RAISES A QUESTION IN THE MIND OF THE PHYSICIAN AS TO WHETHER OR NOT SUCH APPLICANT IS SO IN- FECTED, THE APPLICANT SHALL BE REFERRED TO A DENTIST AND A SIGNED REPORT FROM SUCH DENTIST SHALL BE RECEIVED INDICATING THE APPLICANT HAS BEEN SUCCESSFULLY TREATED FOR SUCH CONDITION BEFORE A CERTIFICATE SHALL BE ISSUED. (E) IF THE EXAMINATION SHALL REVEAL THAT THE APPLICANT 15 IN- FECTED WITH HANSEN'S DISEASE OR IF IT RAISES A QUESTION IN THE MIND OF THE CITY PHYSICIAN AS TO WHETICER OR NOT SUCH APPLICANT IS SO INFECTED, THE APPLICANT SHALL BE REFERRED TO A COMPETENT SPECIALIST ON THIS DISEASE AND A SIGNED REPORT FROM SUCH SPECIALIST SHALL BE RECEIVED BEFORE ISSUANCE OF A HEALTH CERTIFICATE. (F) IF SUCH EXAMINATION SHALL REVEAL THAT THE APPLICANT HAS ANY PUSTULAR SKIN INFECTION THEN THE APPLICANT SHALL BE REFERRED TO HIS OR HER PRIVATE PHYSICIAN FOR TREATMENT OF SUCH CONDITION AND A WRITTEN REPORT SHALL BE RECEIVED FROM SUCH PHYSICIAN PRIOR TO ISSUANCE OF A FOOD HANDLER'S PERMIT. (G) A SEROLOGICAL TEST FOR SYPHILIS SHALL NOT BE REQUIRED FOR ISSUANCE OF A FOOD HANDLER'S PERMIT. -'SECTION 9. (A) EACH APPLICANT FOR A FOOD HANDLER'S PERMIT AS REQUIRED BY THIS ORDINANCE SHALL APPLY TO THE FOOD HANDLER'S DIVISION OF THE HEALTH -4- DEPARTMENT, CITY OF CORPUS CHRISTI. TEXAS FOR THE ISSUANCE OF A HEALTH CERTIFICATE AND FOOD HANDLERS PERMIT ON SUCH FORMS AS THE DIRECTOR OF PUBLIC HEALTH OF THE CITY OF CORPUS CHRISTI SHALL DEEM PROPER. (B) THERE SHALL BE A CHARGE MADE OF ONE DOLLAR AND EIGHTY CENTS ($1.80) FOR THE ISSUANCE OF A HEALTH CERTIFICATE AND FOOD HANDLER'S PERMIT AS REQUIRED BY SAID ORDINANCE, AND THE REVENUES DERIVED FROM THE ISSUANCE OF SAID PERMITS SHALL BE USED TO DEFRAY THE EXPENSES OF ISSUING SUCH PERMITS AND THE KEEPING OF THE NECESSARY FILES AND RECORDS IN REGARD TO FOOD HANDLER'S PERMITS. (C) THERE SHALL BE A CHARGE OF FIFTY CENTS (500) FOR THE ISSUANCE OF A DUPLICATE FOOD HANDLER'S PERMIT AND THE REVENUES DERIVED FROM THE ISSUANCE OF SAID DUPLICATE TO BE USED TO DEFRAY THE EXPENSES OF ISSUANCE OF SAID DUPLICATE FOOD HANDLER'S PERMIT AND THE KEEPING OF THE NECESSARY FILES AND RECORDS IN REGARD TO SUCH DUPLICATE PERMIT. SECTION 10. IT SHALL BE UNLAWFUL FOR ANY PERSON TO KNOWINGLY MAKE ANY FALSE OR FRAUDULENT STATEMENT, EITHER WRITTEN OR VERBAL, TO THE EXAMINING PHYSICIAN OR HIS DULY APPOINTED REPRESENTATIVE, OR ANYWAY KNOWINGLY CONCEAL ANY MATERIAL FACTS FROM SUCH PHYSICIAN OR REPRESENTATIVE, OR TO GIVE OR USE ANY FICTICIOU5 NAME IN ORDER TO SECURE, OR AID IN SECURING, ANY SUCH CERTIFICATE AS IS PROVIDED FOR IN THIS ORDINANCE FROM SUCH PHYSICIAN AND SUCH CERTIFICATE SO SECURED SHALL BE VOID. SECTION 11. ALL FOOD HANDLERS PERMITS AS REQUIRED BY THIS ORDINANCE SHALL BE DISPLAYED IN A PROMINENT PLACE AT THE PLACES WHEREIN THE HOLDERS OF SUCH FOOD HANDLER'S PERMITS SHALL BE WORKING OR EMPLOYED OR WHERE SUCH FOOD HANDLER IS WORKING WHETHER EMPLOYED OR NOT. SECTION 12. ANY PERSON, FIRM, CORPORATION OR OTHER LEGAL ENTITY WHO SHALL VIOLATE ANY OF THE PROVISIONS OF THIS ORDINANCE SHALL BE GUILTY OF A MISDEMEANOR, AND UPON CONVICTION SHALL BE FINED IN AN AMOUNT NOT EXCEEDING TWO HUNDRED ($200.00 DOLLARS AND EACH ACT OR OMISSION IN VIOLATION OF ANY OF THE PROVISIONS OF THIS ORDINANCE SHALL CONSTITUTE A SEPARATE OFFENSE AND SHALL BE PUNISHABLE AS HEREINABOVE PRESCRIBED. IN CASE THE VIOLATOR OF ANY OF THE PROVISIONS OF THIS ORDINANCE SHALL BE A CORPORATION, THE PRESIDENT, VICE - PRESIDENT, SECRETARY, TREASURER OF SUCH CORPORATION OR ANY MANAGER, AGENT OR EMPLOYEE OF SUCH CORPORATION SHALL BE ALSO SEVERALLY LIABLE FOR THE PENALTIES HEREIN PROVIDED. -5- SECTION 13. ORDINANCE NUMBERS 1641, 1687, 1858 AND 2521 ARE HEREBY REPEALED; AND ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CON- FLICT WITH THIS ORDINANCE ARE HEREBY REPEALED. SECTION 14. IF ANY PART OF THIS ORDINANCE IS, OR SHOULD BE HELD TO BE INVALID FOR ANY REASON, THEN THAT FACT SHALL NOT INVALIDATE THE ENTIRE ORDINANCE BUT THE BALANCE THEREOF SHALL REMAIN IN FULL FORCE AND EFFECT. PUBLICATION BY PUBLISHING THE CAPTION OF THIS ORDINANCE AND THE PENALTY FOR VIOLATION THEREOF SHALL BE SUFFICIENT, SECTION 15. THE FACT THAT THIS ORDINANCE IS NECESSARY FOR THE WELFARE OF THE CITIZENS OF THE CITY OF CORPUS CHRISTI, TEXAS AND IS NEEDED TO ADEQUATELY PROTECT THE HEALTH OF SUCH CITIZENS CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND PUBi�CAT ION AND AFTER ITS PASSAGEA T IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED THIS THE14-DAY OFJUNR, 1956. MAYOR THE CITY OF CORPUS CHRISTI, TEXAS A TTESP ®- CI TV $ECRE AR APPROVED AS TO LEGAL FORM TH 15_1.eDAV OF a)NE, 1956: CITY ATTORNEY CORPU HRISTI, TEXAS O 1956 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL: I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYO' L THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULL] W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO q �5r