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ORD 1997-36 - Amend Procedures Food Handler ID Card 11-25-1997ORDINANCE NO. 97 -36 AN ORDINANCE AMENDING TITLE 13, FOOD AND FOOD ESTABLISHMENTS, OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE PROCEDURES FOR ACQUIRING A FOOD HANDLER IDENTIFICATION CARD; REQUIRING THE PUBLICATION OF THIS ORDINANCE; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF HUNTSVILLE, TEXAS, that: SECTION 1: Title 13, Food and Food Establishments of the Code of Ordinances of the City of Huntsville, Texas, Part 13.01.01 (Food handier Identification card) Is hereby amended: Part 13.01.01. Food handler identification card. A. An Individual desiring to work in an establishment as a food handler must obtain a food handier identification card from the health authority within thirty (30) days from the date of the Individual's employment. B. To obtain a food handier identification card, an Individual must apply on a form furnished by the health authority and as a part of the application must: 1. State the individual's name, address, sex and date of birth; and 2. For the food handlers' identification card pay a fee of five dollars ($5.00) ; 3. Sign the application; and 4. Show proof by a certificate and from an approved teaching agency that the Individual has successfully completed a food handlers course approved by the health authority. C. After an applicant complies with subsection (b) of this section, the Individual shall be Issued a food handlers' card. D. The food handlers' course shall consist of courses of Instruction prescribed by the health officer on the sanitary handling of food and on the statutes and ordinances relating to food handling. After an individual has completed the food handlers' course by attending all required instruction, he or she must successfully pass an examination on the matters covered In the course. E. The health authority shall Issue to each individual who passes the examination given under subsection (d) of this section a food handier's identification card to expire three (3) years from the date on which it was issued. F. The food handier Identification card is renewable for a successive three -year period for an Individual who pays a fee of five dollars ($5.00) for the food handier identification card and completes a refresher course approved by the health authority. G. The health authority shall Issue a permanent Identification card to each Individual who pays a fee of five dollars ($5.00) for the food handler identification card and completes a subsequent course, after the Individual's three -year renewal, approved by the health authority. H. An individual who has misplaced a current valid food handier identification card may obtain a replacement from the health authority for a fee of two dollars ($2.00) . 1. The food handier identification card shall be posted in the establishment where the individual is employed In a place which is easily accessible to the health authority. 1. The owner or manager of an establishment shall return the food handier Identification card to the individual upon termination of employment. K. A copy of subsections A through K of this section shall be posted where it is easily available for employees to read. SECTION 2: Any person, firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to five hundred ($500.00) dollars upon conviction. Each day during or upon which a person shall violate or continue violation of any provision of this ordinance shall constitute a distinct and separate offense. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Texas Local Government Code § 53.001 and § 54.001. SECTION 3: if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and Independent provision and such holding shall not affect any of the remaining provisions of this ordinance. SECTION 4: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such Inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. SECTION 5: This ordinance shall take effect ten (10) days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten (10) days of its passage. Texas Local Government Code § 52.013. PASSED AND APPROVED THIS 25TH DAY OF NOVEMBER, 1997. THE CITY OF HUNTSVIL E by William B. Green, Mayor Attorney