ORD 1997-16 - Itinerant Restaurant Registration 04-29-1997i
i e ORDINANCE NO. 97 -16
AN ORDINANCE AMENDING TITLE 13, FOOD AND FOOD
ESTABLISHMENTS, OF THE CODE OF ORDINANCES OF THE CITY
OF HUNTSVILLE, TEXAS, REQUIRING ITINERANT RESTAURANTS
WHICH OPERATE FOR THREE DAYS OR LESS TO BE REGISTERED
WITH THE HEALTH INSPECTOR; ESTABLISHING A PENALTY OF
$500 PER DAY; 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 13.01.02 (Schedule of permit fees) and Part 13.01.03 (Failure to obtain a
permit) are hereby amended:
Title 13 FOOD AND FOOD ESTABLISHMENTS*
Part 13.01.02. Schedule of permit fees.
a. The following fees shall be assessed for the indicated food service activities:
Restaurant, per year .............. ............................... See Table #1
Grocery, per year ............... ............................... See Table #1
Day cares, per year .............. ............................... See Table #2
Mobile unit operation from base store, per year ............................. $15.00
Itinerant restaurant, per fifteen (15) days ... ............................... 15.00
Nonprofit organizations, per year ......... ............................... 15.00
Bars (drinks only) ................... ............................... 50.00
Public schools ...................... ............................... 50.00
Table #1
Table #2
Square Footage of
Occupancy Space
Fee
Number of Employees
Fees
0 - -2999
$ 50.00
1 - -2
$24.00
3000 - -4999
75.00
3 - -6
36.00
5,000 -- 14,999
100.00
7 - -14
60.00
15,000+ 1
150.00
15+
84.00
b. Itinerant restaurants which operate for three days or less must be registered with the health inspector
prior to constructing and operating such establishment.
c. Itinerant restaurants which operate for more than three days or operate for three or less days more
than once during a three month period must obtain a health permit and food handlers card.
Part 13.01.03. Failure to obtain a permit.
a. A person commits an offense if he commences any restaurant or grocery business without a city permit
or registration.
b. When a restaurant or grocery business is commenced before a permit is obtained, the permit fees shall
be doubled.
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 29TH DAY OF APRIL, 1997.
THE qTY O UNTSV L
by William B. reen, Mayor