HomeMy WebLinkAbout20085 ORD - 11/24/1987AN ORDINANCE
AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES BY DELETING
THE WHOLE OF SAID CHAPTER 19 AS NOW WRITTEN AND REWRITING
CHAPTER 19, FOOD AND FOOD ESTABLISHMENTS, TO COMPORT WITH
TEXAS DEPARTMENT OF HEALTH RULES FOR FOOD SERVICE SANITATION
AND RETAIL FOOD STORE SANITATION; AND ADDING PROVISIONS TO
CLOSE A FOOD ESTABLISHMENT UPON A THIRD REGULAR INSPECTION
WHICH RESULTS IN A SCORE OF 69 OR BELOW; PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That Chapter 19, Food and Food Establishments, Code of
Ordinances, is hereby amended in its entirety by deleting Chapter 19 as it now
stands, and substituting in its stead the following:
Chapter 19
FOOD AND FOOD ESTABLISHMENTS
Art. I. Sanitation regulations for all food establishments,
§§ 19-1--19-85
Div. 1. Generally, §§ 19-1--19-26
Div. 2. Health permit, §§ 19-27--19-45
Div. 3. Food handling certification, §§ 19-46--19-50
Div. 4. Food manager's permit, §§ 19-51--19-61
Div. 5. Food service advisory council, §§ 19-62--19-69
Art. II --IV. Reserved, §§ 19-70--19-99
Art. V. Frozen desserts, §§ 19-100--19-111
Art. VI. State of Texas, Department of Health, Rules on Food Service
Sanitation and Rules on Retail Food Store Sanitation,
§§ 19-112--19-114.
Chapter 19
FOOD AND FOOD ESTABLISHMENTS
ARTICLE I. SANITATION REGULATIONS FOR ALL FOOD ESTABLISHMENTS
DIVISION 1. GENERALLY
Sec. 19-1. Definitions
The following definitions shall apply in the interpretation and
enforcement of this chapter:
201HG006.ORD
1
20085
Food establishment: Every business kno as a food service
establishment, temporary food service esta ishment, food processing
establishment, retail food store, mobile ood unit, and all similar
businesses and any business manufacturin preparing, dealing with,
handling, selling food at either wholesale or retail or dispensing the
same, except a vending machine approved by the health officer which,
when a coin is inserted, automatically dispenses soft drinks, coffee
or tea which is bottled, canned or in a sanitary paper cup, or candy,
chewing gum, nut meats, cookies or crackers which are in a sealed
sanitary wrapper; provided that no product so dispensed is readily
perishable.
Bar: Any business that serves only alcoholic beverages.
Health permit: A permit to be provided each food service, temporary
food service, food processing establishment, retail food store or
mobile food unit upon payment of a fee and the meeting of the various
inspections necessary, and defined within this chapter, prior to
commencement of the food operation.
City health officer: The Director of Public Health or the appointee
of the Director of Public Health.
Health officer: The Director of Public Health or the city health
officer, which terms may be used interchangeably, and shall be
construed to include any of his/her assistants, deputies, inspectors,
sanitarians or any other official representative of the department of
public health.
Sec. 19-2. Applicability of article.
This article shall apply to every business of any kind known or
described as a food establishment and all similar businesses handling
or having to do with food, wholesale or retail.
This article shall apply to every room used for the purposes of any
business in keeping, storing, manufacturing, preparing, handling,
distributing, selling, serving or offering for sale any food, whether
raw or cooked, or otherwise prepared, or any liquid intended as food
or drink for human beings whether of an alcoholic or nonalcoholic
nature; and also, to all the fixtures, furniture, receptacles,
utensils, machinery, implements and other things used within or
without any place of business for the purposes of any such business.
This article shall also apply to all persons owning or conducting or
employed in or about any food establishment, and each business, room,
place, matter and thing herein mentioned or referred to shall be
respectively governed, managed, conducted, constructed, arranged,
equipped and cared for in accordance with this chapter. (Code 1958,
16-2)
201HG006.ORD 2
Sec. 19-3. Inspections generally.
(a) Acting under the authority of the city health officer, a health
officer or any department of the city or the city council, for the
purpose of protecting the public health and enforcing this article,
are hereby authorized and directed at any time, when inspections may
be deemed proper, to enter any food establishment in the city, or, in
cooperation with the county, without the city, and each room, place,
premises, vehicle or appurtenance used in connection with such
establishment to make a complete inspection of such establishment and
all machinery, equipment, furniture, fixtures and things found
therein; and also, to make a thorough inspection and examination of
all food and other things found therein which are used or kept for the
purposes of such business. Such inspectors are also authorized and
directed to stop and inspect within the city, or, by permission of the
county, without the city, any wagon or vehicle which appears to be
used for the purpose of transporting or delivering any food and such
inspector shall also be authorized to require, and the person in
charge of any such business place or vehicle shall furnish to the
inspector, such proper samples as he may demand for making any tests
of such food; provided, however, no inspector shall be authorized to
enter any guest room of any hotel at any time when his presence might
disturb or annoy any guest when present in such room.
(b) No person shall interfere with or refuse to permit any such
health officer or inspector to make any inspection hereby authorized.
If any person shall refuse permission or bar or obstruct such
inspection, then any license, permit or certificate issued by the city
for such business shall become subject to revocation and shall become
null and void on written order of the city health officer.
(c) Every person who owns, manages, or conducts any food
establishment, and each agent or employee of such person, shall answer
truly each question and render such information and assistance, and
give such written statements or certificates as may be used or
required by the health officer or any inspector for the purpose of
facilitating any inspection or examination under the provisions of
this section, and, upon request of such officer, shall exhibit to such
officer and permit him to examine any license, permit or certificate
relating to such business, and also any bill or delivery ticket
evidencing the purchase or delivery of any food, showing the name of
the person from whom the same was had or purchased. (Code 1958, 16-3)
Sec. 19-4. Examination of food samples.
Any person preparing, manufacturing, selling or offering for sale any
food product shall permit samples of a reasonable quantity of any such
food product and of any material used in the manufacture thereof to be
taken for examination, inspection or analysis by the health officer.
It shall be unlawful for any person to prevent, resist or forcibly
oppose the taking of any such sample by the health officer.
(Code 1958, 16-4)
201HG006.ORD 3
Sec. 19-5. Condemnation of food.
When the health officer, any inspector or other person charged with
the duties of inspecting food finds any food, whether animal or
vegetable and of whatsoever nature, which is unfit for human food by
reason of being adulterated, tainted, diseased, fermented, decayed, or
otherwise unwholesome or unclean, or the use, keeping or sale of which
is prohibited by this chapter or any other ordinance of the city or
law or regulations of the state, he shall promptly condemn the same
and the owner, manager or person in charge of the same shall thereupon
immediately and in the presence of the inspector destroy such food,
unless such owner, manager or other person shall notify such inspector
of his desire to appeal. Such destruction of food shall be effected
by slashing or otherwise separating the substance of the same, after
which it shall be immediately saturated with a chemical compound as
may be approved by the health officer; provided, however, that in case
such owner, manager or other person in charge of such food shall
desire to appeal from the judgment of any such officer, such owner,
manager or other person shall immediately transport such food to such
place as the officer may designate or approve, and shall there store
such food. The health officer, the city chemist and bacteriologist,
if designated by the city health officer, shall promptly, on the
written request of such owner, or may on his own motion, make a
further inspection and examination of such food, and the judgment of
the city health officer or the judgment of such other officer who may
make such examination shall be final and conclusive. If such judgment
is that the food shall be condemned, the same shall be immediately
destroyed as aforesaid or in such manner as the health officer may
direct. If such judgment is that the food should not be condemned,
the owner may remove the same again to his place of business, but he
shall not otherwise do so. (Code 1958, 16-5)
Sec. 19-6. Examination of food before sale.
No person who owns, manages or is in charge of any food establishment
shall expose for sale, offer for sale, prepare, deliver or serve to
any other person any food, or permit the same to be done, without
first examining the same to see whether it is fresh and wholesome
food. This section shall not be deemed to require the examination of
goods enclosed in an original package and sold or delivered unopened,
except when the exterior of the package indicates spoilage or
contamination. (Code 1958, 16-6)
Sec. 19-7. Sale, etc., of diseased, decayed, etc., products.
No person who owns, manages or is in charge of any food establishment
shall have or permit to be kept or used at any time in or about any
room or place or vehicle used in connection with such business, shall
expose, offer for sale, or shall sell, prepare, deliver or serve to
any person in any part of the city any food of any animal nature or
any fruit, vegetable or other thing or substance ordinarily used for
human food, which is diseased, fermented or decaying or otherwise
201HG006.0RD 4
unwholesome or unclean or which contains any dangerous or unsafe drug,
preservative or adulterate. (Code 1958, 16-7)
Sec. 19-8. Maintenance of premises generally.
(a) The entire yard and premises occupied by a food establishment
shall at all times be kept in a clean and sanitary condition and free
from filth, exposed refuse or garbage and free from trash and rubbish.
(b) Every operator of a drive-in restaurant or eating place shall
keep the premises of such establishment free of paper and trash of any
nature so as to prevent the same from blowing into the streets of the
city or onto any other property.
(c) In addition to the specific requirements of this article, all
parts of a food establishment and all equipment and other things
contained therein shall be well washed or scrubbed as often as may be
necessary to maintain cleanliness. (Code 1958, 16-9)
Cross reference --Littering at drive-in restaurants, 21-25. Code 1973,
19-9)
Sec. 19-9. Sidewalk or street displays.
The sidewalk or street display of any article of food by a food
establishment is hereby prohibited. (Code 1958, 16-32; Code 1973,
19-32)
Sec. 19-10. Sidewalk or street sales.
It shall be unlawful for any person to peddle, sell or offer for sale
food along or upon any public street, sidewalk, alley or other public
place in the city unless a health permit has been granted pursuant to
some ordinance specifically authorizing such permit. (Code 1973,
19-33)
Sec. 19-11. Delivery vehicles.
All vehicles, wagons and carts used by any food establishment for
delivering or transporting any food from one part of the city to
another shall be.kept in a clean and sanitary condition and all food
shall always be carried in good closed containers or wrappings. Meat
in large pieces or wholesale quantities must be enclosed or completely
and securely wrapped in clean solid white material. The interior of
the bed or box of each such vehicle shall have substantial and smooth
lining or surface of sheet metal, constructed so that the same shall
have no cracks, recesses or projections, and the same shall be
constantly kept free from all foul and decaying substances.
(Code 1958, 16-35; Code 1973, 19-35)
201HG006.0RD 5
Sec. 19-12. Removal of scraps, refuse, etc., from streets and
adjacent premises.
The owner or manager of every food establishment shall keep the
streets and premises adjacent to the food establishment free from all
scraps, refuse and litter accumulating on account of the business
conducted at the food establishment or dropped or left by customers of
the establishment. (Code 1958, 16-40; Code 1973, 19-38)
Sec. 19-13. General regulations relative to employees.
No employee or other person shall sit or lie upon any table,
refrigerator, show case, counter, shelf or any equipment intended or
designed to hold, carry, store, prepare or serve food or drink. (Code
1958, 16-42; Code 1973, 19-40)
Sec. 19-14. Use of premises for other occupations or businesses.
No person owning or managing any food establishment shall permit and
no other person shall conduct in any such place any other occupation
or business, if the same is of a nature or is conducted in a manner
whereby food may be exposed to any unsanitary conditions or pollution.
(Code 1958, 16-44; Code 1973, 19-42)
Sec. 19-15. Animals and fowl prohibited; exception.
No live animal or fowl shall be allowed in any food establishment nor
shall the operator of such establishment keep or maintain any animal
or fowl within thirty-five (35) feet of any door, window, ventilator
or other opening in such establishment.
This section shall not apply to any Seeing Eye dog used to assist a
blind person. (Code 1958, 16-46; Code 1973, 19-44)
Sec. 19-16. Temporary food service establishments.
(a) Food and drink sources. All food and drink served from or in a
temporary food establishment must be prepared, bottled and packaged in
an approved permitted food establishment.
(b) All condiments served from or in a temporary food establishment
such as mustard, catsup, sugar or like items shall be in individual
containers, or dispensers approved by the health officer.
(c) Health permit. It shall be unlawful for any person to in any way
or manner engage in, conduct, or operate any temporary food service
establishment without a health permit in writing to do so from the
health officer; and without complying with all of the requirements of
this section as well as the applicable requirements of all of the
provisions of the city ordinances and Code; or to use or attempt to
use any eating or drinking utensil for service to a customer other
than one-time service ("throw -away") food and drink utensils or any
food or drink utensil which has ever been used or which has in any way
become contaminated. Such permit shall state the period of time for
201HG006.0RD 6
which it is issued and shall never be valid for any period longer than
fourteen (14) consecutive days. (Code 1958, 16-37; 1966 Supp., 16-47;
Code 1973, 19-45)
Sec. 19-17. Mobile and temporary fixed -site food establishments.
(a) Peddler's vehicles, etc; generally. All vehicles, carts, stands,
water craft, and other devices used for peddling or vending food or
beverages, and all the contents thereof shall be kept in a wholesome
and sanitary condition; and no person owning, using or driving any
such mobile or temporary fixed -site food establishment, or vending or
peddling food or beverages 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 container
vehicle, or device, shall be securely covered and protected from
flies, insects, and dirt by clean and sound wire screens of not less
than sixteen (16) mesh to the inch or by some other means approved by
the health officer. No such food and beverage vendor or peddler shall
sell or offer any merchandise of any description in the city, without
first having obtained the permits as required by this Code and other
ordinances of the city pertaining to the particular activity engaged
in or type of commodity sought to be sold.
(b) Health permit. Before any person may operate any mobile or
temporary fixed -site food establishment regulated hereby, such mobile
or temporary fixed -site peddling or vending unit must be initially
inspected by the health officer and a health permit applied for and
granted for the operation of such vending unit. Every operator of
such a unit must attend a two-hour food handler's class. The permit
fee for a unit operating under this section is fifty dollars ($50.00)
which must be paid prior to issuance of the required permit. Mobile
and removable units shall be presented for such initial inspection at
the health department. Water craft units shall be initially inspected
on-site at the Corpus Christi marina upon the request of the vendor.
(c) Fresh shrimp vendors and peddlers; standards. In addition to
other applicable health and sanitation provisions in this chapter, all
vendors and peddlers of fresh shrimp from mobile or temporary
fixed -site units shall comply with the following standards:
(1) Shrimp supply: Shrimp shall be in sound condition, free
from spoilage, filth or other type of contamination and
shall be safe for human consumption.
(2) Shrimp 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 forty-five (45) degrees
farenheit, 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
eighteen (18) inches off the ground or as otherwise approved
by the health officer.
201HG006.0RD 7
(3) Waste disposal: A holding tank of at least five (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 peddling or vending unit: The unit must be
completely enclosed, with tight fitting, self-closing doors.
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 nonabsorbent
material.
(5)
Equipment and 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 labeled; a container for
holding fluid for sanitizing hands, appropriately labeled;
single service towels; and one spray bottle of acceptable
sanitizing agent for use with scale. Alternative equipment
and utensils may be permitted subject to approval of the
health officer.
(d) Crab, lobster, crayfish; sold live. In addition to other
applicable provisions in this section, peddlers and vendors of fresh
crab, lobster, or crayfish shall keep, maintain and sell such seafood
alive.
(e) Effect of compliance. Compliance with the provisions of this
section shall not be construed to authorize any activity in violation
of any other ordinance of the city.
(f) Penalty for violations; citation. Persons violating this section
shall be subject to a fine of not less than one hundred dollars
($100.00) for each violation. In addition to any other action taken
to correct improper handling of food, a health officer, police officer
or park or marina ranger may issue any person selling food or
beverages 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.
Notwithstanding any other provision of this subsection, persons
charged with violation may, after entering a plea of guilty or nolo
contendere in the space provided, pay a fine in the amount of one
hundred dollars ($100.00), for each such violation, to the clerk of
the municipal court within ten (10) days. Each occasion that an
individual is found selling food or beverages in violation of this
section will constitute a separate offense. (Code 1958, 16-36; Ord.
No. 16438, 3, 7-29-81; Ord. No. 17858, 1, 9-28-83; Ord. No. 18788, 5,
4-9-85; Code 1973, 19-46)
201HG006.0RD 8
Sec. 19-18. Sale of food after warning from health officer.
Upon failure of any person maintaining or operating a food
establishment, after warning, to comply with any of the requirements
of this article, it shall be the duty of the health officer to
summarily forbid the further sale or serving of food therein. Any
person continuing to sell or serve food after being so forbidden shall
be subject to the penalities provided for the violations of this
chapter as for a separate offense. The health officer may issue as
many warnings under this section as he deems necessary and each sale
after each such warning shall be deemed a separate offense. The city
health officer shall, upon wirtten request, hear the party's proof of
compliance or request to resume food sale and service no later than
5:00 p.m. on the next working day following receipt of such hearing
request. It shall be the duty of the party, subject of the order, to
give written notice of compliance to the city health officer. For
purposes of hearing, work days shall be Monday through Friday.
(Code 1958, 16-48; Code 1973, 19-47)
Sec. 19-19. Interference with health officer.
No person shall willfully hinder or obstruct the health officer in the
exercise of the powers conferred upon him/her by this article. Such
hindrance or obstruction shall be grounds for revocation of a permit
issued under this article. (Code 1958, 16-49; Code 1973, 19-48)
Secs. 19-20--27. Reserved.
Division 2. HEALTH PERMIT
Sec. 19-28. Required.
It shall be unlawful for any person to in any way or manner engage in,
conduct or operate any food service, temporary food service, food
processing establishment, retail food store or mobile food unit
without a health permit in writing to do so from the health officer.
(Code 1958, 16-50; Ord. No. 16026, 2, 2-11-81; Code 1973, 19-56)
Sec. 19-29. Prerequisite to issuance of license.
No license required by any provision of this Code or other ordinance
of the city shall be issued to any person owning or operating a food
service, temporary food service, food processing establishment, retail
food store or mobile food unit which is required to have a health
permit under this division unless the permit shall have first been
granted by the health officer. (Code 1958, 16-51; Ord. No. 16026, 3,
2-11-81; Code 1973, 19-57)
Sec. 19-30. Application.
Each applicant for a health permit or other permit required under this
chapter shall file with the health officer a written application
therefor, which shall state the name and address of the applicant, a
description, by street and number or other appropriate designation, of
the location of the establishment for which a health permit is sought
201HG006.0RD 9
and such other information as may be required by the health officer.
(Code 1958, 16-52; Ord. No. 16026, 4, 2-11-81; Code 1973, 19-58)
Sec. 19-31. Health permit and certificate not required for certain
vending machines.
The certificate of occupancy and health permit shall not be required
for vending machines approved by the health officer which, when a coin
is inserted, automatically dispenses soft drinks, coffee or tea which
is bottled, canned, or in a sanitary paper cup, or candy, chewing gum,
nut meats, cookies or crackers which are in a sealed sanitary wrapper;
provided that no product so dispensed is readily perishable. (1966
Supp., 16-53A; Code 1973, 19-59)
Sec. 19-32. Certificate of occupancy prerequisite to issuance.
No health permit shall be issued under the provisions of this division
unless the applicant therefor has secured from the Building
Inspections Department a certificate of occupancy for the food
service, temporary food service or food processing establishment for
which the permit is sought. (Code 1958, 16-53; Ord. No. 16026, 5,
2-11-81; Code 1973, 19-60)
Sec. 19-33. Issuance; fee.
(a) If, after investigation and the consideration of any application
filed under this division and all proper matters in connection
therewith, it shall appear to the health officer that the statements
made in the application are true, that the food service, temporary
food service, food processing establishment retail food store or
mobile food unit and all equipment and vehicles used in connection
therewith conform to the requirements of this article and other laws
and ordinances applicable thereto and that the applicant has complied
with all the provisions of this article and other laws and ordinances
regulating such business, the health officer shall grant the permit
applied for.
When any health permit is issued as provided in this section, the
health officer shall immediately forward the original thereof to the
applicant and keep a duplicate on file in his/her office.
(b) Prior to the issuance of a health permit, the applicant shall pay
a fee according to the following schedule:
Food Service or Food Processing establishments:
Having more than 18 employees $175.00
9 through 18 employees 125.00
4 through 8 employees 100.00
Fewer than 4 employees 50.00
Temporary food service establishments 25.00
Retail food store 50.00
Mobile units 50.00
Bars 50.00
Frozen desserts 60.00
201HG006.OkDte fee 10 25.00
(1) No fee will be charged for a food service operation
conducted by a taxing authority, such as a school district,
whether local, state or federal.
(2) For permanent establishments, the fee shall be reduced by 25
percent if the permit is issued in April, May, or June; by
50 percent if the permit is issued in July, August, or
September; and 75 percent if the permit is issued in
October, November or December. The minimum fee shall be
$25.00. (Code 1958, Sec. 16-54; Ord. No. 16026, Sec. 6,
2-11-81; Ord. No. 17163, 7-28-82; Code 1973, 19-61)
Sec. 19-34. Posting.
Each health permit issued under this division and all certificates
pertinent thereto shall be at all times kept posted and displayed in a
place conspicuous to the public in or about the food service,
temporary food service, food processing establishment, retail food
store or mobile food unit. Inspection sheets must be kept on the
premises to be produced upon request of the health officer. (Code
1958, 16-55; Ord. No. 16026, 7, 2-11-81; Code 1973, 19-62.
Sec. 19-35. Term.
A health permit or other permit issued under this chapter shall,
except as otherwise stated herein, be valid for the calendar year
ending December thirty-first, unless sooner revoked or suspended as
provided in this article.
Water craft unit health permits shall be valid for one year from date
of issuance. (Code 1958, 16-56; Ord. No. 16026, 8, 2-11-81; Code
1973, 19-63)
Sec. 19-36. Expiration and renewal.
Each health permit or other permit issued under this chapter shall
automatically expire on the thirty-first day of December next
following its issuance, except as otherwise stated herein. Such
permit shall also automatically expire if the holder thereof changes
the location of his place of business, sells, transfers equity, or
otherwise disposes of such business or materially changes the
character of such business.
Upon the expiration of a health permit, and within seven (7) days
thereafter, the person conducting the business shall apply for and
obtain a renewal thereof in the same manner as an original health
permit is applied for and obtained, if he wishes to continue operating
the business. Failure by an establishment to pay this fee within
seven (7) days will require such establishment to pay an additional
twenty-five ($25.00) dollar late fee. (Code 1958, 16-57; Ord. No.
16026, 9, 2-11-81; Code 1973, 19-64)
201HG006.0RD 11
Sec. 19-37. Suspension or revocation --generally.
Except as otherwise provided herein, the city health officer shall
have and is hereby given the power and authority to suspend or revoke
any health permit or other permit issued under this chapter, at
his/her discretion, upon proof to his/her satisfaction of any
violation by the holder of the permit of this article or other law or
ordinance applicable thereto. Anyone who operates or conducts his/her
business in the city when his/her permit has been suspended or revoked
shall be guilty of a violation of the provisions of this article.
(Code 1958, 16-58; Ord. No. 16026, 10, 2-11-81; Code 1973, 19-65)
Sec. 19-38. Same --reinstatement.
Any person whose health permit or other permit issued under this
chapter has been revoked or suspended may, at any time, make
application for reinstatement of the permit. Within one week after
the receipt of a satisfactory application accompanied by a written
statement signed by the applicant to the effect that the defects for
which the permit was revoked or suspended have been corrected, the
health officer shall make a reinspection and, thereafter, as many
reinspections as necessary to assure himself/herself that the
applicant is complying with the requirements of this article. In case
his/her findings indicate compliance with this article, the city
health officer shall reinstate the permit. (Code 1958, 16-59; Ord.
No. 16026, 11, 2-11-81; Code 1973, 19-66)
Sec. 19-39. Procedures for inspections --69 or below leading to 72
hour suspension.
The following is the procedure to be followed by the city health
officer regarding food establishments with scores of 69 or below
earned on any regular inspection during a twelve (12) month period.
First regular inspection scoring 69 or below:
(1) Any inspector who conducts an inspection which results in a score
of 69 or below will be in charge of the disposition of that
inspection.
(2) The establishment will have a follow-up inspection within 48
hours. All 4 and 5 point items and the majority of all 1 and 2
point items must be corrected at that time. A score will not be
given for a follow-up inspection.
(3) Failure to comply on a follow-up inspection will result in a
meeting of the Director of Environmental Health, the inspector,
the certified manager and/or owner. This meeting may result in
the revocation of the food managers' and food handlers' permits.
(4) Another regular inspection will be made within thirty (30) days.
201HG006.0RD 12
Second regular inspection scoring 69 or below:
(1) If a second regular inspection of the establishment results in 69
or below during a twelve (12) month period, a meeting consisting of
the Director of Environmental Health, the inspector, the
certified manager and/or owner of the establishment will be
called. This meeting may result in the revocation of the food
managers' and food handlers' permits.
(2) The establishment will be re -inspected within 48 hours. A11 4
and 5 point items and the majority of the 1 and 2 point items
must be corrected. No rating will be given for a follow-up
inspection.
(3) Failure to comply on a follow-up inspection will result in a
meeting before the food service advisory board.
Third regular inspection scoring 69 or below:
(1) A third regular inspection that results in a score of 69 or
below, constitutes a health threat and will subject the
establishment to suspension of its health permit for 24 to 72
hours by the city health officer. The food manager's permit may
be suspended also.
Procedures for re -opening:
The establishment may reopen on approval by the city health officer
after a written statement from the establishment has been received
stating that all of the 4 and 5 point items and the majority of all 1
and 2 point items have been corrected, and such corrections have been
verified by the health officer.
Sec. 19-40. Imminent health hazard.
Violations constituting an imminent health hazard shall be corrected
immediately, and failure to make immediate compliance shall require
the health officer to forbid the further sale or serving of food by,
on, or from the subject food establishment. Procedures for lifting
such an order shall be the same as those procedures set forth in
Sec. 19-18.
Sec. 19-41. Permits for establishments located outside city.
It shall be unlawful for any person to bring into the city for sale or
delivery, or to sell or deliver, or to offer to sell or deliver within
the city, any food not approved by the United States government or
other appropriate governmental agency, produced, handled or
manufactured in any food service or food processing establishment
conducted within the County of Nueces or any contiguous county, but
without the confines of the city, unless the person owning or
conducting the food service or food processing establishment shall
first apply in writing to the health department for inspection by the
health officer, or under his direction, of the plant, rooms and
201HG006.0RD 13
premises and all places and things and substances used for the
purposes of such business or operation, both within and without the
city. Such applicant shall produce evidence to the satisfaction of
the health officer that the business in question and all operations,
thereof conducted within or without the city are managed and conducted
in all respects in the same manner and under the same conditions and
with the same safeguards as are specified and required in this Code
and other ordinances of the city. If the health officer is satisfied
that the operations of such business are being conducted as aforesaid,
then he/she shall issue to the applicant a health permit to sell and
deliver such food within the city, but if the person making such
application shall thereafter at any time hinder or refuse to permit
such inspection, examination and interrogation as is provided by this
article for food service or food processing establishments conducted
within the city, or if it is found at any time that the applicant is
not observing and complying with this article or other ordinances of
the city, relating to the manufacture, handling or production of food
or that such operations are not being conducted under the same
conditions and with the same safeguards as therein required, then and
thereupon it shall be the duty of the city health officer to revoke
the permit and to forward by registered mail or personal service to
such person, notice of such revocation.
This section shall not be deemed to require food service or food
processing establishments located outside the city to have connections
with the water supply or sewers of the city, but other corresponding
means shall be used and provided whereby an ample supply of good water
under pressure and sanitary disposal of sewage and slops by means of
sewers shall be effected in a manner corresponding to that required by
this article, all of which shall be done and provided to the
satisfaction of the health officer. (Code 1958, 16-60; Ord. No.
16026, 12, 2-11-81; Code 1973, 19-67)
Secs. 19-42--19-48. Reserved.
DIVISION 3. FOOD HANDLING CERTIFICATION
Sec. 19-49. Certification.
(a) Certification: All employees of food service, temporary food
service, food processing establishments or mobile food units must
obtain food handling certification before beginning to work. A
minimum of two (2) hours of food sanitation training for each employee
is required every three years to ensure employee performance of their
duties in accordance with food service sanitation ordinances rules and
regulations.
This training shall be an approved health department course. A fee of
three dollars ($3.00) will be charged for each food handler permit
issued by the health department. A food handler's permit shall be
valid for a period of three (3) years from date of issuance, unless
said permit is sooner revoked by the city health officer.
201HG006.ORD 14
(b) Revocation: If inadequate hygienic performances is demonstrated
by the employee and such unsatisfactory performance is a result of
material violations of food service sanitation ordinances, rules or
regulations, the city health officer may revoke the food handler's
permit.
(c) Food handler certification: Training may be conducted by the
permitted food manager of the establishment maintaining an inspection
rating of 80 or above on approval by the health department.
(d) Posting: Each food handler permit shall be at all times kept
posted, filed or otherwise readily available for viewing by a health
officer.
Secs. 19-50--19-52. Reserved.
DIVISION 4. FOOD MANAGER'S PERMIT
Sec. 19-53. Required.
Each food service, temporary food service, food processing
establishment or mobile food unit shall have during all hours of
operation at least one person on the premise in charge of the
operation who has a valid food manager's permit. This requirement
shall not apply to retail food stores, roadside markets that offer
only fresh fruits and vegetables for sale, or food vending machines.
(Ord. No. 16026, 17, 2-11-81; Code 1973, 19-80)
Sec. 19-54. 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 a 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
fifteen (15) hours of training, the contents of which cover minimum
essential knowledge of safe food handling practices, the biological
basis of foodborne infection and transmission, the safe preparation,
handling 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 department if revoked. A graduate of an
institution of higher education 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.
(Ord. No. 16026, 17, 2-11-81; Code 1973, 19-81)
Sec. 19-55. Term.
A food manager's permit shall be valid for a period of three (3) years
from the date of course completion, unless said permit is sooner
revoked by the city health officer as described in section 19-57.
(Ord. No. 16026, 17, 2-11-81; Code 1973, 19-82)
201HG006.0RD 15
Sec. 19-56. Renewal.
An applicant for renewal of a food manager's permit shall be required
to satisfactorily complete three (3) hours of continuing education in
safe food handling. (Ord. No. 16026, 17, 2-11-81; Ord. No. 17919, 2,
11-2-83; Code 1973, 19-83)
Sec. 19-57. 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 be in
charge of the operation, for unsatisfactory performance of the
respective food service establishment, food processing establishment
or mobile food unit, and such unsatisfactory performance is a result
of a material violation of food service sanitation ordinances, 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 opportunity for
hearing before the food service advisory council. (Ord. No. 16026, 17,
2-11-81; Code 1973, 19-84)
Sec. 19-58. Penalty for violation --Class C Misdemeanor.
The violation of any provision of this chapter shall be subject to
prosecution as a Class C Misdemeanor, with a maximum fine of $200.00,
and each day of continuing violation shall constitute a separate
offense, subject to minimum fine requirements of other sections of
this chapter.
Secs. 19-59--19-64. Reserved.
DIVISION 5. FOOD SERVICE ADVISORY BOARD
Sec. 19-65. Established; composition; duties; terms.
A food service advisory council shall be appointed by the city council
and shall consist of four (4) local food managers 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 board will be to advise the director of health on
applications 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 relating to revocations. The food
service advisory council shall, after hearing, make its written
recommendations to the city health officer whether to revoke or
suspend a food manager's permit, pursuant to sections 19-57 and 19-39,
or any other permit issued under this chapter, and may make such other
recommendations to the city health officer as are appropriate.
Members of the board 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 (2)
terms or three (3) years each with the exception of those initially
appointed for less than a full three (3) year term. (Ord. No. 16026,
18, 2-11-81; Code 1973, 19-86.
201HG006.ORD 16
Secs. 19-66--19-69. Reserved.
ARTICLES II - IV. RESERVED*
Sec. 19-70--19-99. Reserved.
ARTICLE V. FROZEN DESSERTS
Sec. 19-100. Definitions.
The following definitions shall apply to the interpretations and
enforcement of this article:
Average bacterial plate count, direct microscopic count, reduction
time and cooling temperature. Average bacterial plate count and
average microscopic count shall be taken to mean the logarithmic
average, and average reduction time and average cooling temperature
shall be taken to mean the arithmetic average of the respective
results of the last four (4) consecutive samples, taken upon separate
days.
Counter freezers and/or freezers for frozen desserts. A machine used
to produce a frozen dessert on the premise of a permitted food
establishment.
Frozen dessert. A frozen dessert is any frozen or partially frozen
product, which consist of milk or milk products, egg or egg products,
and or protein base products. This shall include ice cream, frozen
custard, ice milk, milk sherbets, yogurt, and other similar products.
(Code 1973, 19-180)
Sec. 19-101. Permit to sell or produce.
(a) It shall be unlawful for any person to in any way or manner
operate a counter freezer and/or freezer for frozen desserts without a
permit in writing to do so from the health officer.
(b) Such a permit may be suspended by the city health officer or
revoked after an opportunity for a hearing by the city health officer,
upon the violation by the holder of any of the terms of this article.
*Editor note --Section 16 of Ord. No. 16026, adopted Feb. 11,
1981, repealed Art. IV, "Seafood," §§ 19-140--19-147; Art. V, "Fruit
and Vegetable Wholesaler's License," §§ 19-155--19-162; and Art. VI,
"Milk and Milk Products," §§ 19-170--19-172, which derived from Code
1958, §§ 16-99--16-105, 16-108, 16-127--16-134, and from the
ordinances set out below:
Ord. No. Sec. Date Ord. No. Sec. Date
8211 3 10957 1 7-5-72
15,16 10-19-66 13818 1 7-6-77
9843 1 7-22-70 14802 1 2-28-79
10376 1 7-28-71 15658 2 7-30-80
Supp. No. 7
201HG006.0RD 17
Any person whose permit has been suspended may, at any time, make
application for the reissuing of the permit. Upon receipt of a
satisfactory application, in case the suspension is the result of an
unsatisfactory bacterial condition or cooling temperature, the health
officer shall take further samples at the rate of not more than two
(2) samples per week. The city health officer shall reissue the
permit whenever the average of the last four (4) sample results
indicates the necessary compliance.
(c) In case the suspension of permit is due to the violation of any
item of the specifications prescribed in chapter 19, other than
bacterial condition or cooling temperature, the application must be
accompanied by a statement signed by the applicant to the effect that
the violated item has been corrected. Within one week of the receipt
of such application and statement, the health officer shall make a
reinspection and thereafter as many additional reinspections as he may
deem necessary to assure himself/herself that the applicant is again
complying with the requirements, and, in case the findings indicate
compliance, he/she shall reissue the permit. (Code 1958, 16-114; Code
1973, 19-181)
Sec. 19-102. Testing of samples.
Samples of frozen desserts and/or ingredients may be tested as often
as the health officer may require. Bacterial plate counts and direct
microsopic counts shall be made in conformity with the latest
standards. Examination may include such other chemical and physical
determinations as the health officer may deem necessary for the
detection of adulteration. Upon the request of a health officer, the
names of all persons from whom their mix or frozen desserts are
obtained shall be furnished.
Sec. 19-103. Sanitation requirements for frozen desserts.
(a) Overflow or spillage. Product drip, overflow or spilled mix or
frozen desserts, or their ingredients, shall not be sold for human
consumption.
(b) Bacterial plate count of pasteurized mix or frozen desserts. The
average bacterial plate count of pasteurized mix or frozen desserts
shall, at no time prior to serving, exceed fifty thousand (50,000) per
c.c. as determined under sections 19-100 and 19-102 (except yogurt).
(c) Minimum coliform count. Coliform count should not at any time
exceed forty (40) per c.c. prior to serving.
Sec. 19-104. Inspection, permit fees.
The permit fee for counter freezers and or freezers for frozen dessert
shall be sixty dollars ($60.00) per year.
Secs. 19-105--19-111. Reserved.
201HG006.ORD 18
ARTICLE VI.
STATE OF TEXAS, DEPARTMENT OF HEALTH, RULES ON FOOD SERVICE SANITATION
AND
RULES ON RETAIL FOOD STORE SANITATION
Division 1
Sec. 19-112. Rules on Food Service Sanitation.
"Rules on Food Service Sanitation," adopted by the Texas Board of
Health, November 30, 1977, effective March 1, 1978, and as such rules
may from time to time be amended by the Texas Board of Health, a copy
of which is on file in the city secretary's office, are hereby adopted
and incorporated into the Code of Ordinances as fully as if copied
verbatim herein.
Sec. 19-113. Rules on Retail Food Store Sanitation.
"Rules on Retail Food Store Sanitation," adopted by the Texas Board of
Health, August 17, 1985, and as such rules may from time to time be
amended by the Texas Board of Health, a copy of which is on file in
the city secretary's office, are hereby adopted and incorporated into
the Code of Ordinances as fully as if copied verbatim herein.
Sec. 19-114. Most stringent requirements to govern conflict.
In the case of any conflict between the Code of Ordinances,
Chapter 19, Articles I-V, and the "Rules on Food Service
Sanitation" --"Rules on Retail Food Store Sanitation," as adopted in
Secs. 19-112 and 19-113, the more stringent provisions, shall govern.
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. Publication shall be made one time in the official
publication of the City of Corpus Christi by publishing the caption stating in
substance the purpose of the ordinance, this ordinance to become effective upon
such publication.
201HG006.ORD 19
That the foregoing ordinance was read for the first time and passed to its
second reading on this the Jt day ofc /J2.P.tatR LJ , 1927 , by the
following vote:
Betty N. Turner Clif Moss‘1.17C2--
/////'///���
David Berlanga, Sr. Bill Pruet __ g '
Leo Guerrero 14(1 Mary RhodesJ1212_____
Frank Mendez Mary Pat Slavik
Linda Stronge—
That the foregoing ordinance was read for Ihe secgqnd.ime and passed to its
third reading on this the /7 day of QU211LL�rid , 19$7 , by the
following vote:
Betty N. Turner
David Berlanga,
Leo Guerrero
Frank Mendez
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
That the egoing ordi,e was read for th third time and passed finally on
this the Gj day of / ''' , 19 � , by the followinggvv'o�nte::
fin,�n —
lJ 2 'ink
6r, -0711:i.7
PASSED AND APP VED, this the �day of �ov vavi:) , 19 p l .di -1
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
City Secretary
APPROVED:
DAY OF
HAL GEORGE, CITY ATTORNEY
, 19
By �..)��
,ssistant 'ity Attorney
99.044.01
THE CITY
20085
OF CORPUS CHRISTI, TEXAS
PUBLISHER'S AFFIDAVIT
State of Texas, ] City of C C
County of Nueces 3 ss: Ad # 37151
Before me, the undersigned, a Notary Public, this day personally came
Deanne D. Palmer, who being first duly sworn, according to law, says
that she is a Senior Accounting Clerk of the Corpus Christi Caller -
Times, a daily newspaper published at Corpus Christi in said County
and State, generally circulated in Aransas, Bee, Brooks, Cameron,
Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live
Oak, Refugio, San Patricio, and Victoria Counties, and that the
publication of "NOTICE OF PASSAGE OF ORDINANCE NO. 20085 AMENDING" of
which the annexed is a true copy, was published in the Corpus Christi
Caller -Times on the 30 day of November 1987 , and each day there-
after for one consecutive day(s)
One Times
$ 39.10
Subscr.'• and sworn to befRre me this 2nd day of December, 1987
Senior Accounting Clerk
Notary ublic,/Nueces County, Tetras
My commission expires on 6.30.89
NOTICE OF PASSAGE OF
ORDINANCE NO 20085
AMENDING CHAPTER 19 OF
•THE CODE OF ORDINANCES!
BY DELETING THE WHOLE ,
10F SAID, CHAPTER 19 AS '
NOW WRITTEN ANO RE-
WRITING CHAPTER 19,
FOOD AND FOOD ESTAB-
LISHMENTS, TO COMPORT1,
WITH TEXAS DEPARTMENT 1.
OF HEALTH RULES FOR
F00D SERVICE SANITATION
AND RE1 AIL FOOD STORESANITATION, AND ADDING'Aay3�/j•�o 1�,
PROVISIONS a� 0� /D h:
ON A THIRD REGULAR, 1B6r ��� v ft
INSPECTION WHICH RE- 0 fy
SULTS INA SCORE OF 69 OR
BELOW, PROVIDING FOR
1 SEVERANCE; AND PROVID- C�L�/
ING FOR PUBLICATION
Was passed and approved `y ���
by the City Council Te�_ C L
at Corpus Christi, Texas on
the 24th day of November,
1987, The full text of said
ordinance i5 available to the
public in the Office of the Cny{
Secretary
/s/ Armando Chapa i
City Secretary 1
City of Corpus Christi