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Home My WebLink About025909 ORD - 08/24/2004AN ORDINANCE AMENDING SECTION 19-1 OF THE CODE OF ORDINANCES RE- LATING TO DEFINITIONS; ENACTING SUBSECTIONS 19-3.1, 19-3.2, 19-3.3, 19-3.4, AND 19-3.5 TO ESTABLISH A RESTAURANT RATING SYSTEM; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 19-1 of the City Code of Ordinances is amended by revising the language to read as follows: "Sec. 19-1. Definitions. "The following definitions sh=!! apply in the interpretation and enforcement of this chapter: "City health officer: City Health Officer means The director of public health or the appointeo of the director of public health, the Director of Public Health or the Director of Public Health's desiqnee. "Cleadv visible means posted in the front window of the food establishment within five feet of the front door, posted in a display case mounted on the outside front wall of the food establishment within five feet of the front door, or posted in a Ioca- tion as directed and determined in the discretion of the City Health Officer to en- sure proper notice to the ~leneral public and to patrons. "Critical violation means any four or five-point violation as noted on an inspection report. "Food establishmont: Food establishment means Any any place where food is pre- pared and intended for individual portion service, and includes includinq the site at which individual portions are provided, re(~ardless of whether consumption is on or off the premise and whether there is a char(]e for the food. The term includes any such place regardlec& of whcthcr consumption is on or off the prcmiscs and re gardless of whother thore is a charge for the food. The term also includes delica tessen type operations that prepare sandwiches intended for individual portion ser vicc. The term does not include private homes where food is prepared or served for individual family consumption, consumption; a private group preparing and serving food for its own consumption, consumption; food vending machines, machines; and supply vehicles. "Health officer: means The director of public health or the city health officer, which terms may be ucod interchangeably, and shall be construed to includc any of his/her assistants, deputies, inspectors, sanitarians, or any other official represon tative of the dcpartment of public health. "Health Officer means the Director of Public Health or the City Health Officer, which terms mav be used interchan.cleablv, and includes anv assistants, deputies, in- spectors, sanitarians, or other official representatives of the Department of Public Health. "Health permit: Health permit means A a_ permit to be provided to each food estab- lishment, such as a food service establishment, temporary food service estab- lishment, food processing establishment, retail food stcre store, or mobile food unit upon payment of a the applicable fee and the meeting of the various inspections nccescary, and defined within this chapter, compliance with the inspection require- ments and provisions stated in this chapter prior to commencement or continuation of the food operation. "Inspection report means the written results of a routine inspection conducted bva Health Officer of a food establishment in the City. "Inspection results placard means a written document issued and posted bva Health Officer which provides to the public information concernincl the inspection report and ratinq score of the particular food establishment for which it is issued. "Permanent fixed-site food establishment means a structure or portion of a structure in which is located a non-mobile, non-temporary, food service establishment such as a restaurant or delicatessen for which a health permit has been issued. "Ratinq score means the numerical percentacle result of a routine inspection of a food establishment as reported on the inspection report. "Routine inspection means a periodic, unannounced inspection of a food establish- ment conducted by a Health Officer in order to determine compliance with appli- cable federal, state, and local laws, ordinances, rules, requlations, and directives relatinq to public health, safety, and sanitation. A routine inspection does not mean an inspection conducted by a Health Offcer to determine compliance with a pre- viouslv issued inspection report or any interim inspection conducted to determine compliance with specific laws, rules, requlationsl or directives applicable to food establishments. "Secondary inspection means an inspection of a food establishment conducted by a supervisory Health Officer to determine whether the results of an inspection report support suspension of a current inspection results placard and removal of a @reviouslv posted inspection results placard." SECTION 2. Subsection 19-3.1 of the City Code of Ordinances is enacted to read as follows: "Sec. 19-3.1. Insl3ecflon Results Placard. "(a) A Health Officer shall issue an inspection results placard followinq the completion of two routine inspections of a permanent fixed-site food establishment if the rating score of the food establishment meets or exceeds a ratinq score of at least 90 with- out anv critical violations noted on the inspection reports for the first and second inspections, "(b) For purposes of the issuance of an inspection results placard, a food establish- ment that achieves a ratinq score of 90 or above in accordance with the standards set out in subsection (a) of this section shall be accorded a letter ¢irade of "A" on the inspection results placard. "(c) An inspection results placard must show the name and address of the food estab- lishment for which it is issued, be approximately 8½ inches by 11 inches in size, include an "A" letter qrade, indicate the date of the most recent routine inspection, and contain the siqnature of the issuin¢l Health Officer. "(d) Upon issuance of an inspection results placard, a Health Officer shall post the in- spection results placard at the food establishment so as to be clearly visible to the qeneral public and to patrons enterinq the food establishment." SECTION 3. Subsection 19-3.2 of the City Code of Ordinances is enacted to read as follows: "Sec. 19-3.2. Term; Reissuance; Susl~ension and Removal. "(a) An inspection results placard issued for a food establishment remains valid until a Health Officer completes the next routine inspection of the particular food estab- lishment or the food establishment's health permit is ordered suspended or revoked by a Health Officer under this chapter or State law. "(b) A food establishment that achieves a ratincl score of 90 or above without any cdtical violations noted on the inspection report upon completion of the next routine in- spection followinq the issuance of an inspection results placard will be issued a cur- rent inspection results placard that meets the re¢luirements of Section 19-3.1 "(c) In the event that a food establishment achieves a ratin¢l score of 85 to 89 without any cdtical violations noted on the inspection report upon completion of any routine inspection followinq the issuance and postinq of an inspection results placard, the Health Officer conductin¢l the inspection shall suspend the issuance of a current inspection results placard, remove the inspection results placard previouslv posted for the food establishment, and inform the owner/mana¢ler that the food establish- ment is eliqible for a secondary inspection. "(d) In the event that a food establishment achieves a ratinq score of 84 or below upon completion of any routine inspection followinq the issuance and postinq of an in- spection results placard, the Health Officer conductinq the inspection shall revoke and remove the inspection results placard previously posted for the food establish- ment. A food establishment that achieves a ratinq score of 84 or below under this subsection is not elic~ible for a secondary inspection." SECTION 4. Subsection 19-3.3 of the City Code of Ordinances is enacted to read as follows: "Sec. 19-3.3. Secondary Inspection. "(a) A food establishment that has had an inspection results placard removed under Section 19-3.2(c) may request a secondary inspection of the food establishment. A request for a secondary inspection must be in writinq and be delivered or electroni- cally transmitted to the Department of Public Health within two working days of the conclusion of the routine inspection durinq which the inspection results placard was removed. "(b) Upon proper receipt of a request for a secondary inspection from a food establish- ment, a secondary inspection may be performed by a supervisory Health Officer within five workinq days. "(c) Upon the conclusion of a secondary inspection, the Health Officer conductinq the inspection shall determine whether or not the results of the routine inspection report do or do not support the issuance and posting of an inspections results placard. "(d) If, upon the conclusion of the secondary inspection, the Health Officer determines that the results of the routine inspection report do not support the suspension of a current inspection results placard and the removal of a previously posted inspection results placard, the Health Officer shall issue and post a current inspection results placard for the food establishment. "(e) If, upon the conclusion of the secondary inspection, the Health Officer determines that the results of the routine inspection report suppod the suspension of an inspec- tion results placard and the removal of the previously posted inspection results placard, the Health Officer shall revoke the inspection results placard previously posted at the food establishment. "(f) In makinq the determination following the completion of the secondarv inspection, the Health Officer may evaluate whether or not the occurrence of the violations cited in the routine inspection report was beyond the reasonable control of the owner/manaqer of the food establishment, such as a power failure or water short- aqe caused by no fault of the owner/manaqer or an act of nature, such as a flood. "(1) The occurrence of a violation determined by the Health Officer to have been bevond the reasonable control of the owner/manaqer of the food establishment constitutes reasonable qrounds to support the issuance and postinq of a cur- rent inspection results placard. "(2) The occurrence of a violation cited in the routine inspection report that is deter- mined to have been bevond the reasonable control of the owner/manaqer upon the conclusion of a secondary inspection must be noted bv the Health Officer in a supplementaw report." SECTION 5. Subsection 19-3.4 of the City Code of Ordinances is enacted to read as follows: "Sec. 19-3.4. Revocation of Inspection Results Placard. "(a) A food establishment that has had an inspection results placard revoked under Section 19-3.2(d), Section 19-3.3(e), or that did not request a secondary inspection in accordance with the provisions in Section 19-3.3(a) must meet the recluirements of Section 19-3.1 in order to be issued a current inspection results placard. "(b) The suspension or revocation of a health permit issued to a food establishment under this chapter is an automatic revocation of any inspection results placard issued under Section 19-3, and a Health Officer shall remove any inspection results placard posted at the food establishment." SECTION 6. Subsection 19-3.5 of the City Code of Ordinances is enacted to read as follows: "Sec. 19-3.5. Penalties. "(a) No person mav remove, obscure, or deface an inspection results placard posted by a Health Officer. The prohibition contained in this subsection does not apply to a government official actinq under proper authority in the performance of qovern- mental duties. "(b) No person mav displav or have posted at a food establishment an inspection re- suits placard not properly issued by a Health Officer in accordance with Sec- tion 19-3. "(c) A violation of anv provision of Section 19-3 is a violation of an ordinance qoverninq public health and sanitation. Anv person found in violation of any provision of Section 19-3 may be punished by a fine not to exceed $2,000. Each day a violation of any provision of Section 19-3 continues constitutes a separate violation. "(d) A violation of anv provision of Section 19-3 is a strict liabilib/offense. There is no need to prove that the person had an intent to violate the provision. "(e) No provision in Section 19-3 may be construed to permit a food establishment to deviate from the requirements of this chapter or allow a food establishment to fail to adhere to all federal, State, and local laws, ordinances, rules, requlations, and directives applicable to the operation of food establishments in this City." SECTION 7. A violation of this ordinance or the requirements implemented under this ordinance constitutes an offense punishable as stated in subsection 19-3.5 of this ordinance. SECTION 8. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it will not affect any other section, paragraph, sub- division, clause, phrase, word, or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word, and provision of this Ordinance be given full force and effect for its purpose. SECTION 9. This ordinance is effective September 1, 2004. SECTION 10. Publication of this ordinance is to be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. H:~_EG-DIR~elizabeth\Dep[ Files~J~H Ordinanc~s~EHordl50.doc Corpus Christi, Texas The forego ng ordnance was read for the first time and passed to its second reading on th~s the /?'~ day of ,,l,~.~'~/ ,2004, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett £~,~ Bill Kelly (. ,~c~/x~ RexA. Kinnison ~,~ Jesse Noyola (.~ .~z~ Mark Scott The fo_re.g.oing ordinance the c~.¥"t~ day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garret[ PASSED AND APPROVED on the ATTEST: Armando Chapa City Secretary wa~ read for. the second time and passed finally on this ,2004, by the following vote: Bill Kelly ~ Rex A. Kinnison ~,~_ Jesse Noyola ~ Mark Scott ~,. 2004. CITY OF CORPUS CHRISTI Mayor PUBLISHER'S AFFIDAVIT State of Texas County of Nueces SS: CITY OF CORPUS CHRISTI Ad # 4988762 PO # Before ille, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refug,o, San Patric,o, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Calle~Times Interactive on the 30TH day(s) of AUGUST, 2004. $72.75 TWO {2 } Time(s) Credit Manager c~ ~ Subscribed and sworn to me on the date of~ r~ '~ AUGUST 31, 2004. __ c:~ Notary Public, Nueces County, Texas ~x~ ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Oor~u~Ohri~tl pAS~A{~E I OF ORDINANCE NO'I OI the Code of/