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Home My WebLink About022298 ORD - 07/25/19951 AN ORDINANCE AMENDING SECTIONS 19-33, 19-49, AND 19-54 OF THE CODE OF ORDINANCES TO INCREASE FEES FOR HEALTH PERMITS FOR FOOD SERVICE AND FOOD PROCESSING ESTABLISHMENTS, FOOD HANDLER'S PERMITS, AND FOOD MANAGER'S PERMITS, EFFECTIVE SEPTEMBER 1, 1995; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY WHEREAS, the City Council has determined that the hereinafter set forth amendments will best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Code, Chapter 19, "Food and Food Establishments", Article I, "Sanitation Regulations for All Food Establishments", Division 2, "Health Permit", Section 19-33, "Issuance; Fee", is amended as follows: 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 one hundred (100) employees .... $400.00420.00 Having seventy-six (76) through ninety-nine (99) employees .... 350.00 370.00 Having fifty-one (51) through seventy-five (75) employees .... 300.00 315.00 MS5000.064.bak July 21, 1995 (9'.I5am) -r 022298 400019 2 Having twenty-six (26) through fifty (50) employees .... 24090 265.00 Having nineteen (19) through twenty-five (25) employees .... 290:00 210.00 Having nine (9) through eighteen (18) employees .... 150.00 160.00 Having four (4) through eight (8) employees .... 1-2-5700 130.00 Having fewer than four (4) employees .... 4-509 80.00 Temporary food service establishments .... 2-5700 30.00 Retail food stores .... 7-5700 80.00 Mobile units .... 7-5700 80.00 Frozen desserts .... 60.00 65.00 Late fee .... 25.00 (I) 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 twenty-five (25) per cent if the permit is issued in April, May, or June; by fifty (50) per cent if the permit is issued in July, August, or September; and seventy-five (75) per cent if the permit is issued in October, November or December. The minimum fee shall be twenty-five dollars ($25.00). SECTION 2. The Corpus Christi Code, Chapter 19, "Food and Food Establishments", Article I, "Sanitation Regulations for All Food Establishments", Division 3, "Food Handling Certification", Section 19-49, "Certification", is amended 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 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 six dollars ($5:00 6.00) will be charged for each food handler permit issued by the health department. A food handler's MS5000,064.bak July 21, 1995 (9'.I5am) T 3 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. (b) Revocation: If inadequate hygienic performances are demonstrated by the employee and such unsatisfactory performances are 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 eighty (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. SECTION 3. The Corpus Christi Code, Chapter 19, "Food and Food Establishments", Article I, "Sanitation Regulations for All Food Establishments", Division 4, "Food Manager's Permit", Section 19-54, "Issuance" is amended as follows: Sec. 19-54. Issuance. (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 dietitian 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 six dollars ($5.O9 6.00) will be charged for each food manager's permit issued by the health department. SECTION 4. The fee increases specified in this ordinance shall take effect on September 1, 1995. MS5000.064 bak July 21, 1995 (9 15am) 4 SECTION 5. 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 6. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of city affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that tthis ordinance is passed and shall take effect upon first reading as an emergency measure this the day of ZJIA hi , 199) ATTEST: Armando Chapa, City Secretary THE CITY OF CORPUS CHRISTI MAYOR, MA NODES St APPROVED: (SI DAY OF J , 199 ac JAMES R. BRAY JR., CITY ATTORNEY By: Michael L. Scanlon Assistant City Attorney MS5000.064.bak July 21. 1995 (9:15am) Corpus Christi, Texas 25 day of Julkl TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 1915 For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR THE CITY OF CORPUS CHRISTI The above ordinance was passed by the following vote: Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols 1' cLy I '7 ayy-2 nt