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ORD 2002-24TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2002-24 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, ADOPTING PROVISIONS FOR THE REGULATION OF FOOD ESTABLISHMENTS INCLUDING FOOD SERVICE ESTABLISHMENTS, RETAIL FOOD STORES, TEMPORARY FOOD ESTABLISHMENTS, MOBILE FOOD UNITS, AND ROADSIDE FOOD VENDORS; PROVIDING FOR THE ADOPTION OF TEXAS FOOD ESTABLISHMENT RULES; PROVIDING DEFINITIONS; PROVIDING FOR PERMITS AND EXCEPTIONS; PROVIDING FOR THE ISSUANCE OF A PERMIT, LICENSE OR CERTIFICATE; PROVIDING FOR THE REVIEW OF PLANS; PROVIDING FOR THE SUSPENSION OF A PERMIT; PROVIDING FOR REVOCATION OF A PERMIT; PROVIDING AN ADMINISTRATIVE PROCESS; PROVIDING FOR INSPECTIONS; PROVIDING A PROCEDURE WHEN INFECTION IS SUSPECTED; PROVIDING REMEDIES; ESTABLISHING PROVISIONS FOR RETAIL FOOD STORES; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED $2,000.00 AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES AND PROVIDING FOR AUTHORIZATION TO SEED INJUNCTIVE RELIEF TO ENJOIN VIOLATIONS WHICH CONSTITUTE AN IMMINENT HAZARD OR DANGER TO PUBLIC HEALTH AND SAFETY; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Chib, Texas, is empowered under Texas Local Government Code Section 51.001 to adopt an ordinance or rule that is for the good government of the Town; WHEREAS, the Texas Board of Health has supervision and control over all matters relating to the health of the citizens of Texas; and WHEREAS, the Texas Board of Health. has adopted rules to safeguard public health through the regulation of food establislunents; and WHEREAS, the Town Council of the Town of Trophy Club, Texas, hereby determines that it is in the best interest of the Town to adopt and enforce portions of such rules within its corporate limits. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: 1 SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. CFCTT()N 7 ADOPTION OF TEXAS FOOD ESTABLISHMENT RULES The Town of Trophy Club, Texas (the "Town"), adopts by reference the provisions of the current rules or rules as amended by the Texas Board of Health found in 25 Texas Administrative Code, Chapter 224, Sections 161 through 171 and 173 through 175 regarding the regulation of food establishments in this jurisdiction. SECTION 3. DEFINITIONS "Bed and Breakfast" means a private residence where temporary lodging is provided and potentially hazardous food is prepared for overnight customers only. A bed and breakfast is classified as a food service establishment. "Food Establishment" means an operation that stores, prepares, packages, serves, or otherwise provides food for human consumption such as: a food service establishment; retail food store; satellite or catered feeding location; catering operation, if the operation provides food directly to a consumer or to a conveyance used to transport people; market; remote catered operations; conveyance used to transport people; institution; or food bank; and that relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers. The term includes an element of the operation such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted by the regulatory authority; a restaurant; a grocery store; an operation that is conducted in a mobile, roadside, stationary, temporary, or permanent facility or location; group residence; outfitter operations; bed and breakfast extended and bed and breakfast food establislunents; where consumption is on or off the premises; and regardless of whether there is a charge for the food. The tens does not include: an establishment that offers only prepackaged foods that are not potentially hazardous; a produce stand that only offers whole, uncut fresh fruits and vegetables; a food processing plant; a kitchen in a private home if only food that is not potentially hazardous is prepared for sale or service at a function, such as a religious or charitable organization's bake sale; a Bed and Breakfast Limited facility as defined in these runes; or a private home. "Food Service Establishment" means any place where food is prepared and untended for individual portion service, and includes the site at which individual portions are provided. The term includes any such place regardless of whether the consumption if on or off the premises and regardless to 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 2 include private homes where food is prepared or served for individual family consumption, retail food stores, the location of food vending machines, and supply vehicles. "Nonprofit Organization" means a civic or fraternal organization, charity, lodge, association, proprietorship, or corporation possessing on hitemal Revenue Code §501(c)(3) exemption; or religious organizations meeting the definition of "church" under the Internal Revenue Code §170(b)(1)(A)(I). "Potentially hazardous food" means a food that is natural or synthetic and that requires temperature control because it is in a form capable of supporting the rapid and progressive growth of infectious or toxigenic microorganisms; the growth and toxin production of Clostridium. botulinum; or in raw shell eggs, the growth of Salmonella enteritidis. "Regulatory Authority" means the person or persons designated by the Town of Trophy Club to enforce the regulations of this Ordinance, including all authorized agents, employees, and independent contractors. "Retail Food Store" means any estahlislunent or section of an establishment where food and food products are offered to the consumer and intended for off -premises consumption. The term includes delicatessens that offer prepared food in bulk quantities only. The term does not include establishments which handle only prepackaged, nonpotentially hazardous foods; roadside markets that offer only fresh fruits and fresh vegetables for sale; food service establishments; fanners markets; or food and beverage machines as defined in the Vending of Food and Beverages, 1978, Department of Health, Education and Welfare Publication Number (FDA) 78 - "State Rules" mean the state rules found at 25 Texas Administrative Code, Chapter 229, Section 161 through 171 and Sections 1.73 through 175, as amended. These rules are also la.own as the Texas Food Establishment Rules. "Temporary food establishment" means a food establislunent that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration. "Town" means the Town of Trophy Chub, Texas. SECTION 4. PERMITS AND EXCEPTIONS A. No person shall operate a food service establislnnent who does not have a valid permit, license or certificate issued to him by the regulatory authority. Only a person who complies with the requirements of these rales shall be entitled to receive or retain such a permit, license or certificate. Permits, licenses or certificates are not transferable. A valid pennit, license or certificate shall be posted and visible to the public in every food service establishment. Penmits are not transferable from one person to another or from one location to another except as otherwise permitted by this Ordinance. 3 B. A food establishment operated solely by a nonprofit or public organization is exempt from the permitting requirements of this Ordinance, but is not exempt from compliance with state rules or inspections. The Town may require any information necessary to determine whether an organization is nonprofit or public for purpose of this exemption. C. Permits granted under the provisions of this Ordinance shall remain in full force and effect for the tenn identified in this Section 5(D), unless sooner revolted for noncompliance with Town ordinances. SECTION 5. ISSUANCE OF PERMIT, LICENSE OR CERTIFICATE A. Any person desiring to operate a food service establishment, whether permanent, temporary, or mobile, shall make written application for a pennit, license or certificate on forms provided by the regulatory authority. Such application shall include the name and address of each applicant, the location and type of the proposed food service establishment, and the signature of each applicant. B. Prior to approval of an application for a pen -nit, license or certificate, the regulatory authority shall inspect the proposed food service establishment to determine compliance with the requirements of these rules. C. The regulatory authority shall issue a pennit, license or certificate to the applicant if its inspection reveals that the proposed food service establislunent complies with the requirements of these rules. D. Pennits granted under the provisions of this Ordinance shall remain in full force and effect for the following periods of time from date of issuance, unless sooner revolved for noncompliance with Town ordinances: (1) Permanent food service establishment One year (2) Temporary food service establishment permit Three (3) consecutive days. (3) Mobile food service establislurrent pen -nit One year E. Every food establishment, unless exempted by Section 4(B), shall pay an annual permit fee in accordance with the Town's Schedule of Fees and any amendments thereto. Provided however, that in the event of a conflict between the fee amount specified in this Ordinance and the fee amount specified in the Schedule of Fees adopted by the Town, the amount specified in the Schedule of Fees shall be due. SECTION 6. REVIEW OF PLANS A. When a food establishment is constructed or extensively remodeled, and whenever an existing structure is converted as a food establislunent, properly prepared plans and 4 specifications for such construction, remodeling or conversion shall be submitted to the Town for review before work is begun. Extensive remodeling means that 20% or greater of the area of the food establislunent is to be remodeled. The plans and specifications shall indicate the proposed layout, equipment arrangement, mechanical plans and construction of materials of work areas, and the type and model of proposed fixed equipment and facilities. The Town of Trophy Club will approve the plans and specifications if they meet the requirements of the rules adopted by this Ordinance. The approved plans and specifications must be followed in construction, remodeling or conversion. B. Failure to follow the approved plans and specifications will result in a permit denial, suspension, or revocation. SECTION 7. SUSPENSION OF PERMIT A. The Town of Trophy Club may, without warning, notice or hearing, suspend any permit to operate a food establishment if the operation of the food establishment constitutes an imminent hazard to public health. Suspension is effective upon service of the notice. When a permit is suspended, food operations shall immediately cease. Whenever a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing within ten (10) days of receipt of a request of a hearing. B. Whenever a permit is suspended, the holder of the permit or the person in charge shall be notified in writing that the permit is, upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the Town by the holder of the permit within ten (10) days. If no written request for hearing is filed within ten (10) days, the suspension is sustained. The Town of Trophy Club may end the suspension at any time if reasons for suspension no longer exist. The regulatory authority shall make as many additional inspections as are required to ensure that violations of this Ordinance have been remedied. A fee may be assessed if additional inspections are required to ensure that violations of this Ordinance have been remedied. Such additional fee shall be in accordance with the Town's Schedule of Fees, and any amendments thereto. Provided however, that in the event of a conflict between the fee amount specified in this Ordinance and the fee amount specified in the Schedule of Fees adopted by the Town, the amount specified in the Schedule of Fees shall be due. SECTION 8. REVOCATION OF PERMIT A. The regulatory authority may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the Town's performance of its duties. Prior to revocation, the Town shall notify the holder of the pen -nit or the person in charge, in writing, of the reason for which the permit is subject to revocation and that the permit shall be revoked at the 5 end of the ten (10) days following service of such notice unless a written request for a hearing is filed with the regulatory authority by the holder of the permit within such ten (10) day period. B. If no request for hearing is filed within the ten (10) day period, the revocation of the permit becomes final. If such written request for hearing is timely filed, City shall conduct a hearing prior to the 21" day after receipt of the permit holders written request. Such hearing shall be conducted by the Municipal Judge of the Town. SECTION 9. ADMINISTRATIVE PROCESS A. A notice as required in these rules is properly served when it is delivered to the holder of the pen -nit or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last lu-iown address of the holder of the permit. A copy of the notice shall be filed in the records of the regulatory authority. B. The Town of Trophy Club through an administrative hearing conducted by the Municipal Court Judge shall conduct the hearings provided for in these rules prior to the 21" day after receipt of the pen -nit holders written request for hearing. Based upon the recorded evidence of such hearing, the Municipal Court Judge shall make final findings, and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit by the regulatory authority. SECTION 10. INSPECTIONS A. Inspection Frequency. An inspection of a food service establishment shall be performed at least once every six months. Additional inspections of the food service establislunent shall be performed as often as are necessary for the enforcement of these rules. B. Access. The regulatory authority, after proper identification, shall be permitted to enter any food service establishment at any reasonable time for the purpose of making inspections to determine compliance with these rules. The regulatory authority shall be permitted to examine the records of the establislunent to obtain information pertaining to food and supplies purchased, received or used, or to person employed. C. Notice of Violations. Whenever the regulatory authority nnakes an inspection, all findings from such inspection shall be recorded on an inspection report form provided for this purpose and the regulatory authority shall furnish a copy of such report form to the permit holder or operator or person in charge at the time of inspection. Whenever the regulatory authority makes an inspection of an establislunent and discovers that any of the requirements of this Ordinance have been violated, the permit holder or operator of the establishment shall be notified of such violations by means of inspection report form or other written notice. In such notification, the regulatory authority shall: (1) List the specific violations found; and (2) If considered necessary, establish a specific and reasonable period of time for the correction of violations listed on the inspection report form. D. Correction of Violations. The inspection report form shall spccify a reasonable period of time for the corrections of the violations found, and correction of the violations shall be accomplished within the period specified, in accordance with the following provisions. (1) If an imminent health hazard exists, such as complete lack of refrigeration or sewage bacla.ip into the establislunent, the establishment shall immediately cease food service operations. Operations shall not be resumed until authorized by the Town. (2) Except as specified in Paragraph (1) of this Subsection (D), the food establishment shall correct all other violations as soon as possible, not later than 90 calendar days after the inspection. SECTION 11. PROCEDURE WHEN INFECTION IS SUSPECTED A. When The Town of Trophy Club has reasonable cause to suspect the possibility of disease transmission from any food service establishment employee, it may secure morbidity history of the suspected employee or make any other investigation as may be indicated and shall take appropriate action. The regulatory authority may require any or all of the following measures: (1) The immediate exclusion of the employee from all food service establishments; (2) The immediate closing of the food service establislunent concerned until, in the opinion of the regulatory authority, no further danger of disease outbreak exists; (3) Restriction of the employee's services to some area of the establishment where there would be no danger of transmitting disease; and (4) Adequate medical and laboratory examination of the employee, of other employees, and of his/her and/or their bodily discharge. (Code 1974, 8-90) 7 SECTION 12. REMEDIES A. Any person who violate a provision of these rules and any person who is the permit holder of or otherwise operates a food service establislunent that does not comply with the requirements of these rules and any responsible officer of that permit holder or those persons shall, upon conviction be deemed guilty of a Class C Misdemeanor and therefore subject to penalties as further provided herein. B. In addition to prosecution of violations in municipal court, the regulatory authority may seek to enjoin violations of this Ordinance. SECTION 13. RETAIL FOOD STORES A. The definitions; the inspections of retail food stores; the issuance, suspension and revocation of a permit to operate a retail food store; the prohibiting of the sale of unsound food or drink; and the enforcement of such code shall be regulated in accordance with the 1982 edition of the Association of Food and Drug Officials' and the Food and Drug Administration's Retail Food Store Sanitation Code, one copy of which shall be on file in the office of the city secretary; provided, that the words "regulatory authority," as used and contained in such code, shall be understood to refer to the Town of Trophy Club. B. Every Retail food store shall pay an annual pen -nit fee of $525.00. Provided however, that in the event of a conflict between the fee amount specified in this Ordinance and the fee amount specified inthe Schedule of Fees adopted by the Town the amount specified in the Schedule of Fees shall be due. SECTION 13. CUMULATIVE That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. SECTION 14. SAVINGS That all rights and remedies of the Town of Trophy Club are expressly saved as to any and all violations of the provisions of any Ordinances affecting the regulation of food establishments and which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 15. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or iuiconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 16. PENALTY A. That any person violating any of the provisions of this Ordinance shall be deemed guilty of a Class C misdemeanor upon conviction and shall be fined, except as otherwise provided herein, in a sum not to exceed two thousand dollars ($2,000.00) for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. B. That if the governing body of the Town of Trophy Club determines that a violation of this Ordinance creates a threat to the public safety, the Town may bring suit in the district court to enjoin such violation. SECTION 17. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Govermnent Code. SECTION 18. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 19. EFFECTIVE DATE That this Ordinance shall be in full force and effect fiozn and after its date of passage, in accordance with law, and it is so ordained. -01 PASSED AND APPROVED by the Town this 3rd day of June, 2002. ATTEST: Town Secretary Town of Trophy bub, Texas (SEAL) EFFECTIVE DATE: June 12, 2002 APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas of Town of Trophy Club, Texas Texas 10