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
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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:
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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
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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.
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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
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