HomeMy WebLinkAbout88-2740380
ORDINANCE NO. 88-2740
AN ORDINANCE AMENDING CHAPTER 11 OF THE PLAINVIEW
CITY CODE, RELATING TO FOOD AND FOOD HANDLING;
PROVIDING FOR ADOPTION OF STATE LAW IN REGARD TO
FOOD SERVICE ESTABLISHMENTS AND RETAIL FOOD STORES
AND THE PERMITTING THEREOF; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR EMERGENCY
PASSAGE.
WHEREAS, the 70th Legislature of the State of Texas has
recently passed an act relating to the authority of counties,
public health districts, and municipalities to regulate food
service establishments and retail food stores; and
W~RREAS, the City of Plainview through Chapter 11 of the
Plainview City Code has adopted a section requiring food services
establishment to comply with various rules, regulations, and
permit procedures; and
W~F. REAS, the City Council of the City of Plainview finds a
need to amend Chapter 11, Food and Food Handlers, of the Plainview
City Code in order to conform with state law; and
WHEREAS, the City Council of the City of Plainview finds it
to be in the best interest of the City of Plainview to adopt said
provision.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Plainview, Texas:
That Chapter 11 of the Code of the City of Plainview is
hereby amended to read as follows:
Article 3, Food Services Establishments, of Chapter 11, Food
and Food Handlers:
Section 1:
Section 11-34.
Sanitation.
Adoption of Rules on Food Service
a)
The definitions; the inspection of food service
establishments; the issuance, suspension and
revocation of permits to operate food service
establishments; the prohibiting of the sale of
unsound of mislabeled food or drink; and the
enforcement of this Article shall be regulated in
accordance with the Texas Department of Health,
Division of Food and Drugs, "Rules on Food Service
Sanitation 301.73.11.001.0110," three (3) certified
copies of which shall be on file in the office of
the City Secretary; provided that the word
"municipality" in said Article shall be understood
to be refer to the City of. Plainview, Texas, and
the words "regulatory authority" shall be
understood to refer to the Plainview/Hale County,
the City/County Health Board.
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b)
The provisions of this Article shall apply to all
food service establishments, retail food stores,
mobile food units, and road side vendors operating
within the corporate limits of the City of
Plainview.
381
Section 2: Section 11-35. Food Service Establishment Defined.
a)
"Food service establishments", "mobile food unit",
"retail food store", and "road-side food vendor",
shall have the meanings assigned to those terms by
the rules adopted by the Texas Board of Health under
the Texas Food, Drug and Cosmetic Act (Article
4476-5, Vernon's Texas Civil Statutes).
Section 3: Severabilit¥.
a)
Should any section, paragraph, sentence, clause,
phrase, or word of this ordinance be declared
unconstitutional or invalid for any purpose, the
remainder of this ordinance shall be uneffected
thereby.
Section 4: Emergency Passage.
a)
The necessity to regulate food service
establishments and retail food stores operating
within the corporate limits of the City of Plainview
creates an emergency and it is imperative public
necessity that more than one reading hereof be, and
the same is hereby suspended; this ordinance shall
be passed and taking effect as an emergency measure
and shall be in full force and effect from and after
the passage as provided by law, and it is so
ordained.
PA~SED AND APPROVED, on first and final reading this
day of Februarw 1988.
ATTEST:
CARLA REESE, City Secretary
9th ,
E.V. RIDLEHUBER, Mayor
APPROVED AS TO CONTENT:
MA~_ L~O~ TR~P. SDALg.;- R.~., Adm}fiistrator
APPROVED A~ TO FORM:
~AVI~LACKBU~, Assistant City Attorney
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