HomeMy WebLinkAbout021084 ORD - 02/19/1991AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CHAPTER 19, FOOD AND FOOD
ESTABLISHMENTS, BY AMENDING SECTIONS 19-1, 19-39, 19-40,
19-49, 19-54, 19-56, AND 19-58.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the Code of Ordinances, Chapter 19, Food
and Food Establishments, is hereby amended by amending Section 19-1 by
amending the definition for food establishment to read as follows:
Food establishment: Any place where food is prepared and
intended for individual portion service, and includes the
site at which individual portions are provided. The term
includes any such place regardless of whether consumption is
on or off the premises and regardless of whether there is a
charge for the food. The term also includes delicatessen
type operations that prepare sandwiches intended for
individual portion service. The term does not include
private homes where food is prepared or served for
individual family consumption, a private group preparing and
serving food for its own consumption, food vending machines,
and supply vehicles.
SECTION 2. That the Code of Ordinances, Chapter 19, Food
and Food Establishments, is hereby amended by amending Section 19-1 by
deleting the definition of "Bar" in its entirety.
SECTION 3. That the Code of Ordinances, Chapter 19, Food
and Food Establishments, is hereby amended by amending Section 19-39
to read as follows:
Sec. 19-39. Inspection procedures for establishments with
scores of sixty-nine or below on regular inspections.
The following is the procedure to be followed by the city
health officer regarding food establishments with scores of
sixty-nine (69) or below earned on any regular inspection
during a twelve-month period.
(a) Regular inspection scoring sixty-nine (69) or below:
(1) Any inspector who conducts an inspection which
results in a score of sixty-nine (69) or below
will be in charge of the disposition of that
inspection.
(2) The establishment will have a follow-up inspection
within forty-eight (48) hours. All four (4) and
five (5) point items and the majority of all one
and two (2) point items must be corrected at that
ORD-RES\90077 1
021084 er4ttjiti- or
(3)
time. A score will not be given for a follow-up
inspection.
Failure to comply will result in a meeting of the
director of environmental health, the inspector,
the certified manager and/or the owner. This
meeting may result in the revocation of the food
manager's, food handler's, and health permits.
(4) A second follow-up inspection will be made within
ten (10) days. If all deficiencies have not been
corrected, a meeting shall be scheduled with the
Food Services Advisory Committee. The attendance
of the certified manager and/or owner at such a
meeting shall be mandatory.
Following the meeting with the Food Service
Advisory Committee, a third follow-up inspection
will be made within ten (10) days of such meeting.
A failure of this inspection may result in the
suspension or revocation of all permits issued by
the City/County Health Department.
(6) At the discretion of the Director of Public
Health, the certified manager and/or owner may be
required to meet with the Food Service Advisory
Board.
(5)
SECTION 4. That the Code of Ordinances, Chapter 19, Food
and Food Establishments, is hereby amended by amending Section 19-40
to read as follows:
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 for a period of not less than
twenty-four (24) hours. Procedures for lifting such an
order shall be the same as those procedures set forth in
section 19-18.
SECTION 5. That the Code of Ordinances, Chapter 19, Food
and Food Establishments, is hereby amended by amending Section 19-49,
paragraph (a), to read as follows:
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
ORD-RES\90077 2
three (3) 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 five dollars ($5.00) 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.
SECTION 6. That the Code of Ordinances, Chapter 19, Food
and Food Establishments, is hereby amended by amending Section 19-54
to read as follows:
(a) 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. A dietition currently registered by the
A.D.A. and licensed by the Texas State Board of Examiners of
Dietitians may be issued a permit without taking the food
manager's course upon providing satisfactory proof of
current licensure and registration.
(b) A fee of five dollars ($5.00) will be charged for each
food manager's permit issued by the health department.
SECTION 7. That the Code of Ordinances, Chapter 19, Food
and Food Establishments, is hereby amended by amending Section 19-56
to read as follows:
Sec. 19-56. Renewal
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. The continuing education
\ORD-RES\90077 3
requirement of this section shall not apply to dieticians
currently registered by the A.D.A. and licensed by the Texas
State Board of Examiners of Dietitians.
SECTION 8. That the Code of Ordinances, Chapter 19, Food
and Food Establishments, is hereby amended by amending Section 19-58
to read as follows:
Sec. 19-58. Penalty for violation; Class C misdemeanors.
The violation of any provision of this chapter shall be
subject to prosecution as a Class C misdemeanor, with a
maximum fine of one thousand dollars ($1,000.00) and each
day of continuing violation shall constitute a separate
offense, subject to minimum fine requirements of other
sections of this chapter.
SECTION 9. 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 10. 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.
ORD-RES\90077 4
That the foregoing ordinance was readforthe first trimag and passed to
its second reading on this the ¶ day of C2xu,,ttaY„
19 (1? , by the following vote:
Betty N. Turner l_- t7C.> Edward A. Martin
Cezar Galindo
Leo Guerrero
Tom Hunt
f
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing,
(GC
(2/1>
Jr. OiLi& fv
That the foregoing ordinance was read for the second time and passed
to ;ts third reading on this ther • day of l fLA l (1i•1 t7
19 t , by the following vote:
Betty N. Turner
Cezar Galindo
Leo Guerrero
Tom Hunt
That the foregoing or
finally on this the
following vote:
Betty N. Turner
Cezar Galindo
Leo Guerrero
Tom Hunt
nance was
day of
PASSED AND APPROVED, this the
AT ST:
ity Secretary
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
red for the third tion and passed
�� .(.idtt-t1/ , 190/ , by the
AP OVED:
kin DAY OF ( Lion be,1 , 19 R O :
HALGEORGE, CITY ATTORNEY
yL
B yD
�.
Assist t City A orney
044
Edward A. Martin
Joe McComb
Clif Moss itt*,
Mary Rhodes
Frank Schwing, Jr.
day of CLUALCa/V , 19 II
2
MANO( R
THE CITY OF CORPUS CHRISTI
442
021084
PUBLISHER'S AFFIDAVIT
State of Texas, }
County of Nueces } ss:
CITY OF CORPUS CHRISTI
Ad #67087
PO #
Before me, the undersigned, a Notary Public, this day personally
came Annette Mendoza, who being first duly sworn, according to
law, says that she is 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, Nueces, Refugio, San Patricio,
Victoria, and Webb Counties, and that the publication of NOTICE
OF PASSAGE OF ORDINANCE NO. 02184 AMENDING THE CODE which the
annexed is a true copy, was published in the Corpus Christi
Caller -Times on the 25th day of February 1991.
One Time(s)
$ 22.95
1 bl t-4\CtLYZ_
Accounting Clerk
Subscribed and sworn to before me this 13th day
of March , 1991.
Notary Public, Nueces County, Texas
My commission expires on
DEBRA.
Nor,
Sri.
y Comm
NOT'CE OF Pq�'"
AME A/Y,.; NS 021084
GEST CHAPTER 19
FOOD ANDFOOD ESTAB-
LISHMENTS. BY AMENDING
SECTIONS 18-1, 19-39,
9-40, 19-49,
8-49 19-54,
19-58, AND 19-58.
Theordinance was
and approved by the Citseedy
Council of the City of Cor -
Pus Christi, Texas on the
19th day of Febtya,y 1981.
/s/ Arman,jp C
Chy of C H Secretary
Christi