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HomeMy WebLinkAbout17858 ORD - 09/28/1983AN ORDINANCE AMENDING CHAPTER 19, FOOD AND FOOD ESTABLISHMENTS, OF THE CODE OF ORDINANCES PROVIDING FOR REGULATION OF AND HEALTH AND SANITATION STANDARDS FOR MOBILE AND FIXED -SITE TEMPORARY FRESH SHRIMP AND SEAFOOD VENDORS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE OF NOVEMBER 1, 1983. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 19-46 of Chapter 19, Food and Food Establishments, of the Code of Ordinances of the City of Corpus Christi, Texas, is hereby amended to read as follows: Sec. 19-46. Mobile and Fixed -Site Temporary Vendors. (a) Peddler's vehicles, etc.; generally. All wagons, vehicles and carts used for peddling food in any form and all the contents thereof shall always be kept in a wholesome and sanitary condition, and no person owning, using or driving such wagon or vehicle or peddling food in any form afoot shall permit the same to contain any unwholesome, fermenting or decaying fruit, vegetables or other food or food products. The contents of each such wagon, vehicle or other container shall be securely covered and protected from flies, insects and dirt by clean and sound wire screens of not less than fourteen (14) mesh to the inch or by some other means approved by the health officer. All such food and vegetable peddlers by wagon or otherwise shall not sell any merchandise of any description in the city, without first having obtained a permit as required by the various provisions of this Code and other ordinances of the city, pertaining to the particular type of commodity sought to be peddled. (b) Licensing. Before any person may operate any mobile or temporary fixed -site food establishment regulated hereby, such mobile or temporary fixed -site vending unit must be presented for initial inspection at the Health Department and a permit applied for and granted for the operation of such vending unit. The vendor must attend a 2 -hour food handler's class. The licensing fee for a vending unit operating under this section is $50.00 which must be paid prior to issuance of the required permit. Prior to licensing under this section, the vendor must show that a vending permit has been granted for operation upon specified public property or, if the unit is to be located on private property, notarized documents showing the vendor's ownership of the premises or permission of the owner to use such premises. (c) Traffic Rules. The vendor must observe all traffic rules and must avoid creating a traffic hazard. Unless otherwise specifically permitted to do so, the vending unit must not be parked on any street, alley or other public property and must keep off the right-of-way. 17858 tib&E g 7 d3S MICROFILMED (d) Fresh shrimp vendors, standards. In addition to other applicable health and sanitation provisions in this chapter, all vendors of fresh shrimp from mobile or fixed -site temporary vehicles, wagons carts and stands shall comply with the following standards: (1) Shrimp Supply: Shrimp shall be in sound condition, free from spoilage, filth or any other type of contamination and shall be safe for human consumption. (2) Shrime Storage: Shrimp shall be stored in a sanitized (using chlorine solution) container with sufficient effective insulation and ice or refrigerant to provide and maintain a product temperature of 45 deg. F., or below at all times except during the necessary periods of transfer to the customer. Ice shall be obtained from an approved source. The container must be in sound condition and must remain in an enclosed area at least 18" off the ground. (3) Waste Disposal: A holding tank of at least 5 gallon capacity must be provided for liquid waste. (The holding tank may be an ice chest used solely for this purpose). (4) Construction of Mobile Shrimp Vending Unit: The unit must be completely enclosed. The enclosed area may be screened or covered to prevent entry of flies. The interior surface must be in good condition, not rusty, with floors made of non-absorbent material. Station wagons or cars are not acceptable as mobile shrimp vending units. (5) Equipment & Utensils: The following equipment and utensils shall be required: at least one five (5) gallon container filled with water from an approved source to be used for handwashing, appropriately labelled; a container for holding fluid for sanitizing hands, appropriately labelled; single service towels; and one spray bottle of acceptable sanitizing agent for use with scale. (e) Crab, Lobster, Crayfish; sold live. In addition to other applicable provisions in this section vendors of fresh crab, lobster, or crayfish shall keep, maintain, and sell such seafood alive. (f) Effect of Compliance. Compliance with the provisions of this section shall not be construed to authorize any activity in violation of the zoning ordinance or any other ordinance of the City. (g) Penalty for Violation, Citation. Persons violating this section shall be subject to a fine of not less than $100.00 for each violation. In addition to any other action taken to correct improper handling of food, a health inspector, sanitarian or police officer may issue any person selling food in violation of this section a notice of violation and summons to appear in municipal court in answer to such charge. This notice shall provide a space thereon for the party charged to waive trial on the merits and enter a plea of guilty or nolo contendere. In the event the party desires to enter a plea of not guilty, such person may obtain a trial setting from the clerk of the municipal court. Nothwithstanding any other provision of this subsection, persons charged with violation may, after entering a plea of guilty or nolo contendere in the space provided,ay a fine in the amount of one hundred dollars ($100.00 for such violation, to the clerk of the municipal court within ten days. Each occasion that an individual is found selling food in violation of this section will constitute a separate offense. SECTION 2. If for any reason any section , paragraph, 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, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 3. Notice of the passage of this ordinance shall be published by publishing the caption thereof stating in summary the purpose of the ordinance one time in the official publication of the City of Corpus Christi, Texas; and this ordinance shall be effective as of and from November 1, 1983. That the foregoing ordinance as read for e first ime and pased to its second reading on this the , q day of i , 19 11, by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik That the foregoing ordinance was read for t ' s:cond ime andsed to its third reading on this the &/ei day of / , 19/A. , by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik That the foregoing ordinance was read for the Ijiird time and passed finally on this the o?13 day of ..5g40...45,2A , 19 , by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero "A.° Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy (-14.14 0, t Q Joe McComb 44 -9 Frank Mendez Mary Pat Slavik PASSED AND APPROVED, this the alg day of CalupW 1 , 19 3. ATTEST: -1(:6(21-414L2 Ci Secretary PPq 04ED: 1'T74AY OF J. BRUCE YCOCK, CITY ATTORNEY ant City ttorney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 17858 PUBLISHER'S AFFIDAVIT AD#31061 City of C.C. STATE OF TEXAS,0t—d . i r) sdC5 �ss: G'o�hty of Nueces. Before me, the undersigned, a Notary Public, this day personally came GRACIE DE .LUNA , who being first duly sworn, according to law, says that he is the ADM. A$ST,,._aB.C.BET.AItX 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 NOTICE OF PASSAGE OF ORDINQ,_t1Q,__jiB.5.a of which the annexed is a true copy, was published in CALLER—TIMES PUBLISHING CO. on the3rd _ day of October consecutive. One day Times. 19$3.., and once each dal thereafter for one 31_68 GRACIE DE LUNA Subscribed and sworn to before me this 6th ay of. otary P Nubli« Nu es County, Texas tDNA KOSTER Oc ober 19...8.3 fretticifFMAGIT4 AMENDING CHAPTER 19, .FOOD AND FOOD ESTABI LISHMENTS, OF THE CODE OF ORDINANCES PROVIDING FOR REGLN, LATION OF HEALTH AND SANITATION STANDARDS FOR MOBILE AND FIXED•SITE TEMPO- RARY FRESH SHRIMPI AND SEAFOOD VEN- DORS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLI• •CATION AND • AN EFFECTIVE DATE OF NOVEMBER 1, 1983. Was passed and approved by the City Council of the City of Corpus Christi, Tex- as on the 28th day of • September, 1983. The full text of Said ordinance is , available to the public in the Office of the City Secre- tary. 4-13111G. Read City Secretary Corpus Christi, Texas