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HomeMy WebLinkAbout16026 ORD - 02/11/1981• r7--. uu:c-I t-23i;eno } AN ORDINANCE AMENDING CHAPTER 19 OF THE CORPUS CHRISTI CODE OF ORDI- NANCES REQUIRING A FOOD SERVICE PERMIT OF ANY FOOD SERV- ICE OR FOOD PROCESSING ESTABLISHMENT FOR A FEE OF $150 ANNUALLY FOR THOSE EMPLOYING MORE THAN SIX PERSONS, $50 ANNUALLY FOR THOSE EMPLOYING MORE THAN THREE BUT LESS THAN SEVEN PERSONS, $25 ANNUALLY FOR THOSE EMPLOYING THREE PER- SONS OR LESS, $25 ANNUALLY FOR TEMPORARY FOOD SERVICE ESTABLISHMENTS, AND $50 ANNUALLY FOR RETAIL FOOD STORES; PROVIDING FOR REVOCATION OF SUCH PERMITS; REQUIRING EMPLOYERS TO CERTIFY EMPLOYEE TRAINING IN FOOD SERVICE SANITATION; ELIMINATING THE REQUIREMENT OF FOOD HANDLING PERMITS, FEES, AND PHYSICAL EXAMINATIONS; REQUIRING EACH FOOD SERVICE OR FOOD PROCESSING ESTABLISHMENT TO HAVE AT LEAST ONE PERSON IN CHARGE OF THE OPERATION TO HAVE A VALID FOOD MANAGER'S PERMIT; PROVIDING FOR A MINIMUM FINE OF $50; AND ESTABLISHING A FOOD SERVICE ADVISORY COUNCIL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 19, Article I, Division 1, Section 19-1 "Definitions", of the City of Corpus Christi Code of Ordinances be amended to include the following definitions: Employee. The term "employee" is herein considered to be any individual working in the food service operation whether paid or unpaid. Food or Foodstuff. Any raw, cooked, or processed edible sub- stance, ice, beverage or ingredient used or intended for use or for sale in whole or part for human consumption. Food Processing Establishment. A commercial establishment in which food is manufactured or packaged for human consumption. Food Service Establishment.: Any place of business where food is prepared, sold and intended for individual portion service, and includes the site at which individual portions are provided. The term includes any place regardless of whether consumption is on or off premises. The term also includes delicatessen -type operations that can prepare sandwiches intended for individual portion service. The term does not include private homes where food is prepared for individual family consumption, retail food stores, the location of food vending machines and supply vehicles, or places where prepackaged individual portions, prepared else- where are stocked for resale. Food Service Permit. A permit to be provided each food service or food processing establishment and retail food store upon pay- ment of a fee and the meeting of the various inspections necessary, and defined within the ordinance, prior to commencement of food service, food processing or retail food operations. Hermetically Sealed Container. A container which is designed and intended to be secured against the entry of microorganisms and to maintain a commercial sterility of its contents after processing. Mobile Food Unit. A vehicle -mounted food service establishment designed to be readily movable. Packaged. Bottled, canned, cartoned, bagged, or securely wrapped. 16026 acatuku_ SIP .G 71984 Retail Food Store. Any establishment where the only food offered for sale to ultimate consumers is that which is intended for off -premises consumption and has previously been packaged off -premises in an hermetically sealed con- tainer. The term shall not include an establishment where food is packaged or where such packaging is altered or re- moved. Such store shall he required to undergo routine periodic inspections to ensure minimal levels of hygienic operation, sanitation and ensure that all foods are whole- some and not subject to spoilage according to other provi- sions of this Code for the regulation and licensing of food establishments. Temporary Food Service. When a temporary food service establish- ment is planned the organization responsible for such temporary service shall obtain a food service permit upon payment of the required fee and production of evidence that a certified Food Service Manager has been retained to advise on the minimal hygienic standards of operation needed during the temporary activity, and who shall be held responsible for such hygienic operations. SECTION 2. That Chapter 19, Article I, Division 2,Section 19-56, "Required", of the City of Corpus Christi Code of Ordinances be amended to read as follows: It shall be unlawful for any person to in any way or manner engage in, conduct, or operate any food service or food processing establishment or retail food store without a permit in writing so to do from the health officer. SECTION 3. That Chapter 19, Article I, Division 2, Section 19-57 "Prerequisites to Issuance of License", of the City of Corpus Christi Code of Ordinances be amended to delete the words "food establishment" and substituting therefor the words "food service or food processing establishment or retail food store." SECTION 4. That Chapter 19, Article I, Division 2, Section 19-58 "Application", of the City of Corpus Christi Code of Ordinances be amended by deleting the words "food establishment permit" and substituting therefor the words "food service permit or other permit required under this chapter.' SECTION 5. That Chapter 19, Article I, Division 2, Section 19-60 "Certificate of Occupancy Prerequisite to Issuance", of the City of Corpus Christi Code of Ordinances be amended by deleting the words "food establish- ment" and substituting therefor the words "food service or food processing establishment." SECTION 6. That Chapter 19, Article I, Division 2, Section 19-61, of the City of Corpus Christi Code of Ordinances be amended by designating the presently existing Section 19-61 as Section 19-61(a), deleting the words "food establishment" and substituting therefor the words "food service or food processing -2- e SECTION 13. That Chapter 19, Article I, Division 3, of the City of Corpus Christi Code of Ordinances be amended to read as follows: DIVISION 3. FOOD HANDLING CERTIFICATION Sec. 19-75. Certification. The employer will notify the Health Department, in writing, of the maximum number of persons to be employed in the food service or food processing establishment or mobile food unit, and further will certify that they will provide training for all employees and ensure that such employees will satisfactorily perform their duties in accordance with food service sanitation ordinances, rules and regulations. Such training will be pro- vided by the Health Department upon request. Satisfactory training for employees must be provided during the first two weeks of employment. Evidence of satisfactory training will be demonstrated by health department inspections of the food service operation. If inadequate hygienic performance is demon- strated by the employees, the food service or food processing establishment or mobile food unit will be required to have all employees attend training in food hygiene at a course conducted by the City Health Department at a time and place prescribed by the Health Department. Secs. 19-76 - 19-79. Reserved. SECTION 14. That Chapter 19, Article III, Section 19-121, of the City of Corpus Christi Code of Ordinances be amended to read as follows: (a) It shall be unlawful for any person to slaughter, manufacture, or process any meat or poultry product within the city until such person has applied for and been granted a food service permit in accordance with Sections 19-56 through 19-68, by the director of public health. Said permit may be revoked by the director of public health for any violation of this section. (b) Persons operating slaughterhouses or meat or poultry processing and manufacturing establishments whose plants or establishments are inspected by an inspector of the United States Department of Agricul- ture or the State Department of Health are hereby exempt from the payment of inspection fees to the city. SECTION 15. That.Chapter 19, Article III, Section 19-125, of the City of Corpus Christi Code of Ordinances be repealed in its entirety. Section 19-125 shall be reserved. SECTION 16. That Chapter 19, Article IV which includes Sections 19-140 through 19-147 and Article V which includes Sections 19-155 through 19-162 and Article VI which includes Sections 19-170 through 19-172 be re- pealed in their entirety. Sections 19-140 through 19-179 shall be reserved. SECTIONI 17. That Chapter 19, Article I, of the City of Corpus Christi Code of Ordinances be amended by adding the following: - 4 - ",, establishment or retail food store", and adding, following Section 19-61(a), subsection (b) which shall read as follows: (b) The annual fee for a food service permit will be $150 for each food service or food processing establishment employing more than 6 individuals, $50 for each food service or food processing establishment employing more than 3 but less than 7 individuals, $25 for each food service or food processing establishment employing 3 individuals or less, and $25 for each temporary food service establishment, as defined in the ordinance. No fee will be charged to food service operation conducted by a taxing authority, such as a School District, whether local, State or Federal. The annual fee for a retail food store will be $50. SECTION 7. That Chapter 19, Article I, Division 2, Section 1Q-62 of the City of Corpus Christi Code of Ordinances he amended by deleting the words "food establishment" and substituting therefor the words "food service or food processing establishment or retail food store." SECTION 8. That Chapter 19, Article I, Division 2, Section 19-63, of the City of Corpus Christi Code of Ordinances he amended by deleting the words "food establishment permit issued under this division" and substituting therefor the words "food service permit or other permit issued under this chapter." SECTION 9. That C .peer 19, Article I, Division;2, Section 19-6a, of the City of Corpus Christi Code of Ordinances be amended by deleting the words "food establishment permit issued under this division" and substituting therefor the words "food service permit or other permit issued under this chapter." SECTION 10. That Chapter 19, Article I, Division 2, Section 19-65, of the City of Corpus Christi Code of Ordinances he amended by deleting the words "food establishment permit issued under this division" and substituting therefor the words "food service permit or other permit issued under this chapter," and adding the words "except as otherwise provided herein," to the beginning of the first sentence of this section. SECTION 11. That Chapter 19, Article I, Division 2, Section 19-66, of the City of Corpus Christi Code of Ordinances be amended by deleting the words "food establishment permit" and substituting therefor the words "food service permit or other permit issued under this chapter." SECTION 12. That Chapter 19, Prticle I, Division 2, Section 19-67 of the City of Corpus Christi Code of Ordinances he amended by deleting the words "food establishment" and substituting therefor the words "food service or food processing establishment" and by deleting the words "food establishment" and substituting therefor the words "food service or food processing establishments." - 1 - DIVISION 4. FOOD MANAGER'S PERMIT Sec. 19-80. Food manager's permit required. Each food service establishment, food processing establishment, or mobile food unit shall have during all hours of operation at least one person in charge of the operation who has a valid food manager's permit which shall be kept in such person's possession at all times while on the premises. This requirement• shall not apply to retail food stores, roadside markets that offer only fresh fruits and vegetables for sale, or food vending machines. Sec. 19-81. Issuance. A food manager's permit shall be issued to any person who has a valid food manager's certificate issued by any state, municipality, agency, or school of instruction whose program of certification has been approved by the city health officer. The certificate shall provide evidence that the applicant attended and satisfactorily completed a course of instruction. Such course shall include, as a minimum, not less than 10 hours of training, the contents of which cover minimum essential knowledge of safe food handling practices, the biological basis of foodborne infection and trans- mission, the safe preparation, handlino and storage of food by all employees found in food service operations. The permit shall be of a form designed by the Health Department and shall remain the property of the Health Department to be returned to the Health De- partment if revoked. A graduate of an institution of higher educa- tion who has completed all requirements for an associate or higher degree in hotel and restaurant management may be issued a permit without taking the food manager's course upon providing satisfactory proof of graduation from an approved school. Sec. 19-82. Term. A food manager's permit shall be valid for a period of three (3) years from the date of issuance, unless said permit is sooner revoked by the city health officer as described in Section 19-84. Sec. 19-83. Reissuance. A food manager's permit shall be reissued for a subsequent three year period to any person who has demonstrated satisfactory per- formance on city health inspections relating to food service sanitation during the previous food manager's permit period. Sec. 19-84. Permit revocation. The city health officer may revoke or suspend the food manager's permit of the food manager who is in charge or supposed to he in charge of the operation, for unsatisfactory performance of the respective food service establishment, food processing establish- ment, or mobile food unit, and such unsatisfactory performance is a result of a material violation of fond service sanitation ordi- nances, rules or regulations. The city health officer may revoke a food manager's permit after giving written notice to the permittee, sent or delivered to the address or location of the food establishment or that of the permittee, and after affording the permittee an oppor- tunity for hearing before the food service advisory council. Sec. 19-85. Penalty for violation. Persons violating this article shall be subject to a fine of not less than fifty dollars ($50.00). A period of one (1) year from the date of passage of this ordinance shall be allowed for compliance with Section 19-80. -5- SECTION 18. That Chapter 19, Article I, of the City of Corpus Christi Code of Ordinances be amended by adding the following: DIVISION 5. FOOD SERVICE ADVISORY COUNCIL Sec. 19-86. Food Service Advisory Council. A food service advisory council shall be appointed by the City Council and shall consist of four (4) local food mana- gers from the food service or food processing industries and three (3) persons from the community at large. The City Council will appoint the chairperson. The functions of the committee will be to advise the Director of Health on appli- cations of this chapter, review the permit fees annually to ensure the cost of the program is returned to the city, and to conduct hearings pursuant to the sections of the ordinance relating to revocations. The food service advisory council shall, after hearing, make its written recommendation to the city health officer whether to revoke or suspend a food mana- ger's permit, pursuant to Section 19-84, or any other permit issued under this chapter, and may make such other recommenda- tions to the city health officer as are appropriate. Members of the committee shall be appointed for staggered terms so that at least one industry representative and one community member are reappointed each year. No voting member may serve more than two terms of three years each with the exception of those initially appointed for less than a full three year term. Secs. 19-87 - 19-94. Reserved. SECTION 19. If for any reason any section, article, paragraph, division, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, article, para- graph, division, subdivision, clause, phrase, word or provision of this ordi- nance, for it is the definite intent of this City Council that every section, article, paragraph, division, subdivision, clause, phrase, word or provision thereof be given full force and effect for its purpose. SECTION 20. Except as otherwise provided,this ordinance shall he in full force and effect after publication which shall be made one time by publishing in the official newspaper of the City of Corpus Christi the caption of this ordinance stating in substance the purpose of the aforesaid ordinance. - 6 - That the foregoing ordinance was read fo the first time and passed to its , second reading on this the a, day of following vote: / Luther Jones (.4.44.-A Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky That the foregoing ordinance7s s read for e second time and passed to its third reading on this the day o a� . � , 19// , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best Jack K..Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky That the foregoing ordina on this the // day of Luther Jones Edward L. Sample Dr. Jack Best Jack K.'Dumphy Leopoldo Luna. Betty N. Turner Cliff Zarsky PASSED AND APPROVED, this the // day of ATTEST: , 19Y,/ , by the s read for thenthird time and passed finally , 19 d' , by the following vote: .724.4„,„7_ , 19N . y Secretary MA APPR ED: //eg DAY OF- Ff y�, , 19 57 : J. BRUCE AYCOCK, CITY ATTORNEY By Asst t City Attor, OR THE TY OF CORPUS CHRISTI, TEXAS 16026 PUBLISHER'S AFFIDAVIT v. 200034 ;- CITY OF C.C. SFATE OF TEXAS, L• County of Nueces. f Before me, the undersigned, a Notary Public, this day personally carne who being first duly sworn, according to law, says that he is the _. dCCOUNTITIC:_CI ERIS of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of .-..NOESCE..AF_P9SEA.GE OF ORDINANCE HO, 16026.:_ of which the annexed is a true copy, was published in TF17 CORPUS..011RIS.TI..D.ALLEE.-TIMES on the. 1.6.-_ day of..EKSRAAHX 19 $1.., and once each daY thereafter for one consecutive. day ..Dna Times. 52.3b BILLIE J. BENDERSON a _..� ....--..- ACCOUNTI3 -CLERE Subscribed and sworn to before me this 291h. of FEBRUARY 19.. 1 TO3R -W NN.. Notary P lic, Nueces County, Texas NOTICE OF PASSAGE OF ORDINANGE^ NO. 16024 AMENDING' CHAPT 19 OF THE CORFU CHRISTI -CODE OFC NANCES REFOOD SERVICCEI'FERMI ,OF ANY FOOD SERVICE' OR FOOD PROCESSIN_ ESTABLISHMENT FOR A FEE OF $150 ANNUALL FOR THOSE EMPLOYING MORE THAN SIX PE SONS, 550 ANNUALLY F _ THOSE EMPLOYIN _ MORE THAN THREE BUT LESS THAN SEVEN PE SONS, 125 ANNUALLY FOR THOSE EMPLOYING LE THAN THREE PERSONS, 525 ANNUALLY FOR TE PORARY FOOD SERVICE ESTABLISHMENTS, AND. 550 ANNUALLY FOR RE - 'TAIL FOOD STORES; PRO. VIDING FOR RE - 'VOCATION OF SU PERMITS; REQUIRING EMPLOYERS TO CE TIFY EMPLOYEE TRAIN ING IN FOOD SERV( SANITATION; ELIMI4 NATING THE REQUIRE MENT OF FOOD HAND- LING PERMITS, FE AND PHYSICAL EXAM (NATIONS; REQUI RI EACH FOOD SERVICE OR FOOD PROCESSING fABLISHMENT TO HAVE AT LEAST ONE PERSON IN CHAPGE OF THE OP ERATI&N TO HAVE—A VALID FOOD MANAGER'S PERMIT; PROVIDI FOR A MINIMUM FINEOF 050; AND ESTABLISHIN A FOOD SERVICE ADVIS RY COUN WAS PASSED AND AP. PROVED by the City Cou _. of the City of Corpus Christi, Texas during the Repute Council Meeting held on the 1 lth day of February, 1 at 2:00 p.m. and providing publication of the City of Cor - ISSUED Upus NDER MY HA. AND SEAL of the City of Corpus Christi, Texas th_ the 12th day of February, 1981,.. -s-BIII G. Read, City Secretary „r,City_of.Corpus Chrisp, Texjs MOTION moved and seconded the motion that the ordinance amending Chapter 19 of the Corpus Christi Code of Ordinances requiring a food service permit of any food service or food processing establishment, read on the first two of three readings on January 28, 1981 and February 4, 1981, be amended prior to the third and final reading as follows: 1. Amend Section 6 of the said ordinance so that subsection (b) of Section 19-61(a) hereafter reads as follows: (b) The annual fee for a food service permit will be $150 for each food service or food processing establishment employing more than 6 individuals, $50 for each food service or food processing establishment employing more than 3 but less than 7 individuals, $25 for each food service or food processing establishment employing 3 individuals or less, and $25 for each temporary food service establishment, as defined in the ordinance. No fee will be charged to food service operation conducted by a taxing authority, such as a School District, whether local, State or Federal. The annual fee for a retail food store will be $50_ PASS /9)/