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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
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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
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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:
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",,
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."
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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.
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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.
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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)/