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HomeMy WebLinkAbout94-2996158 Food and Food Handlers ORDINANCE NO. 94-2996 AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS, AMENDING CERTAIN PORTIONS OF CHAPTER 11, FOOD AND FOOD HANDLERS, TO INCREASE THE REQUIRED RATING SCORE, TO PROVIDE FOR FOOD MANAGER PERMITS AND TO PROVIDE FOR RATIFICATION OF FEE CHANGES BY THE CITY COUNCIL; SEVERABILITY CLAUSE; ESS CLAUSE; CONFLICTS CLAUSE; EFFECTIVE WHEREAS, the Plainview-Hale County Health Department deems that a need exists to increase the rating score of food service establishments and provide for permitting of Food Managers in order to protect the health and safety of the public; and WHEREAS, the City Council of the City of Plainview recognizes that it is in the best interest of the public health of the citizens of Plainview and Hale County that the rating scores be raised and Food Manager Permits be required; and WHEREAS, the City Council also desires to have greater control over any changes in fees and schedules by requiring ratification of same by ordinance of the City Council; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Plainview, Texas that: SECTION I. The following sections shall be created to read as follows, to wit: Sec. 11-35. Definitions. (c) "Manager of Food Service Establishment or Retail Food Store" shall mean any person or persons who oversee, direct, supervise, or control the operation of a restaurant, dining room, snack bar or any other business or facility that sales items or products intended for human consumption. Sec. 11-38. Compliance procedures. (a) Permits, licenses, or certificates. (B) Issuance of permit, license or certificate. (4) Food service establishments that contain a deli shall be afforded the 1 of 3 - Hlth Dept. Ord. ! 59 opportunity to purchase a separate permit for the deli portion of their business. SECTION II. The following sections shall be amended to read as follows, to wit: Sec. 11-37. Permit fee. (e) All managers of Food Service EstabliShments or Retail Food Stores shall be required to purchase a Food Manager's permit at a cost Of Twenty -Five and No/100 Dollars ($25.00) annually. If said Food Manager has attended a recognized Food Manager's Workshop sponsored by the Plainview/Hale County Health Department of the Texas Department of Health within the last six (6) years, then the fees shall be reduced to Five and No/100 Dollars ($5.00) annually. (f) The above fees and schedules are Plainview/Hale Coanty~ Health Sec. 11-38. Compliance procedures. subject to change as recommended by the ,ratified by ordinance by the Plainview City (b) Inspections. (D) Correction of violations. (1) (d) When the rating score of the establishment is less than seventy (70); the establishment shall initiate corrective action on all identified violations within forty-eight (48) hours. One or more re-inspections shall be Conducted at reasonable time intervals to assure correction. Them shall be a Twenty-Five and No/100 Dollars ($25.00) charge for any reinspection deemed necessary due to violations of the nature cited in this section. Sec. 11-41. Food Sellers. (c) The above fees and schedules are, subject to change as recommended by the Plainview/Hale County Health Department and ratified by ordinance by the Plainview City Council. SECTION IlL The provisions of this ordinance are intended to be severable. Should any phrase, clause, sentence, subsection or section hereof be found to be unconstitutional or invalid for any reason, said portion shall be severed without effect on the remainder of this ordinance. SECTION IV. 'Provisions of this ordinance are cumulative and nothing herein shall prevent, alter or diminish the applicability or enforcement of other ordinances restricting, regulating or governing the subject matter. 2 of 3 - Hlth Dept. Ord. 160 SECTION V. All ordinances or portions of any ordinance of thc City of Plainvicw, Texas, in conflict herewith, arc hereby amended to conform with thc provisions hereof. SECTION VI. This ordinance shall become and be effective after passage and publication of the caption within 10 days in the Plainview Daily Herald. PASSED AND APPROVED by the City Council of the City of Plainvicw, Texas, on this 28th of June, 1994. ATTEST: Kamen McBcth Lloyd Woods, Mayor APPROVED AS TO CONTENT: Jamesrp. Jeff~~M~~ger APPROVED AS TO FORM: Wally- I~tch,'City Attorney 3 of 3 - Hlth Dept. Ord.