ORD 2000-20 - Food Services Establishment 09-26-2000 ORDINANCE NO. 2000-20
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING FEES IN
CERTAIN PROVISIONS OF PART 13.01 "IN GENERAL"AND REPEALING PART 13.02
"FOOD SERVICE ESTABLISHMENTS" OF THE CODE OF ORDINANCES AND
ADOPTING A NEW PART 13.02 "FOOD ESTABLISHMENTS" REGULATING FOOD
ESTABLISHMENTS INCLUDING FOOD SERVICE ESTABLISHMENTS,RETAIL FOOD
STORES, MOBILE FOOD UNITS, AND ROADSIDE FOOD VENDORS; PROVIDING A
PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, a review of the fees charged by the City with regard to food service
establishments indicate that the fees should be raised in order to more appropriately offset the costs
of regulating those establishments; and
WHEREAS, the State of Texas through the Texas Board of Health has adopted
comprehensive regulations for food service establishments which render Huntsville's current
regulations invalid and unenforceable; and
WHEREAS, the City of Huntsville desires to adopt the State regulations; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,
that:
SECTION 1: Part 13.01 "In General" of the Code of Ordinances of the City of Huntsville
is hereby amended to revise the fees as hereinafter stated:
Section 13.01.01 Food handler identification card.
Subsection B.2., Subsection F,and Subsection G are hereby amended to raise the fee for the
food handlers' identification card from five dollars ($5.00) to six dollars ($6.00).
Section 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 $18.00
Itinerant restaurant, per fifteen (15) days $18.00
Nonprofit organizations,per year $18.00
Bars (drinks only) $60.00
Public schools $60.00
TABLE#X TABLE-#
Square Footage of Fee Number of Employees Fee
Occupancy Space
0-2,999 $60.00 1-2 $29.00
3,000-4,999 90.00 3-6 43.00
5,000-14,999 120.00 7-14 72.00
15,000+ 180.00 15+ 100.00
SECTION 2: The existing Part 13.02 "Food Service Establishments" of the Code of
Ordinances for the City of Huntsville, Texas, is hereby repealed.
SECTION 3: A new Part 13.02 "Food Establishments" of the Code of Ordinances for the
City of Huntsville, Texas, is hereby adopted which shall hereinafter read as follows:
Part 13.02
FOOD ESTABLISHMENTS
13.02.01 Adoption of Texas Food Establishment Rules
A. The City of Huntsville,Texas,adopts be reference the provisions of the current rules or rules
as amended by the Texas Board of Health found in 25 Texas Administrative Code, Chapter
229, Sections 161 through 171 and 173 through 175 regarding the regulation of food
establishments in this jurisdiction.
B. Definitions
"Authorized agent or employee"shall mean the employees and/or officers of the regulatory
authority.
"City" or"municipality" shall mean the City of Huntsville, Texas.
"Food establishment"shall mean a food service establishment, a retail food store, a movile
food unit, and/or roadside food vendor.
"Regulatory authority"means the City of Huntsville, Texas.
"State rules" means the State rules found at 25 Texas Administrative Code, Chapter 229,
Sections 161 through 171 and Sections 173 through 175. The State rules are also known as
the Texas Food Establishment Rules.
13.02.02 Permits and Exemptions
A. A person may not operate a food establishment without a permit issued by the regulatory
authority. Permits are not transferrable from one person to another or from one location to
another location, except as otherwise permitted by this ordinance. A valid permit must be
posted in or on every food establishment regulated by this ordinance.
B. A food establishment operated solely by a nonprofit organization is exempt from the
permitting requirements of this ordinance, but is not exempt from compliance with State
rules. The regulatory authority may require any information necessary to determine whether
an organization is nonprofit for purposes of this exemption.
13.02.03 Application for Permit and Fees
A. Any person desiring to operate a food establishment must make a written application for a
permit on forms provided by the City. The application must contain the name and address
of each applicant, the location and type of the proposed food establishment and the
applicable fee. An incomplete application will not be accepted. Failure to provide all
required information, or falsifying information required may result in denial or revocation
of the permit. Renewals of permits are required on an annual basis and the same information
is required for a renewal permit as for an initial permit.
B. Prior to the approval of an initial permit or the renewal of an existing permit, the City shall
inspect the proposed food establishment to determine compliance with State laws and rules.
A food establishment that does not comply with State laws and rules will be denied a permit
or the renewal of a permit.
C. The fee schedule set out in Part 13.01 of this Code applies to permits issued under this
ordinance:
13.02.04 Review of Plans
A. Whenever a food establishment is constructed or extensively remodeled and whenever an
existing structure is converted to use as a food establishment, properly prepared plans and
specifications for such construction,remodeling or conversion shall be submitted to the City
for review before work is begun. Extensive remodeling means that 20% or greater of the
area of the food establishment 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 plans
and specifications will be approved by the City 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.
13.02.05 Suspension of Permit
A. The regulatory authority 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 required
by Subsection B. of this Section. When a permit is suspended, food operation shall
immediately cease.
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 regulatory authority by the holder of the permit within ten(10) days. If a request
for hearing is submitted to the regulatory authority,the hearing shall be held within twenty
(20) days of the receipt of the request. If no written request for hearing is filed within ten
(10) days, the suspension is sustained. The regulatory authority may terminate the
suspension at any time if reasons for the suspension no longer exist.
13.02.06 Revocation of Permit
A. The City may, after providing opportunity for a hearing, revoke a permit for serious or
repeated violations of an of the requirements of the tate rules or for interference with the
p y q S
City in the performance of its duties. Prior to revocation,written notice shall be given to the
holder of the permit and such holder shall be entitled to a hearing in accordance with the
provisions contained in Section 13.02.05 B. If no request for hearing is filed,the revocation
of the permit becomes final.
13.02.07 Administrative Process
A. A notice as required in this ordinance is properly served when it is delivered to the holder
of the permit or the person in charge,or when it is sent by registered or certified mail,return
receipt requested,to the last known address of the holder of the permit. A copy of the notice
shall be filed in the records of the City.
B. The hearings provided for in this ordinance shall be conducted by the City at a time and
place designated by it. Based upon the recorded evidence of such hearing, the regulatory
authority shall make final findings, and shall sustain,modify or rescind any notice or order
considered in the hearing. A written report of the hearing decisions shall be furnished to the
holder of the permit by the regulatory authority. The regulatory authority shall appoint an
authorized agent or employee to conduct the hearing.
13.02.08 Penalties and Remedies
A. Any person who violates a provision of these State rules or this ordinance and any person
who is the permit holder of or otherwise operates a food establishment that does not comply
with the requirements of the State rules and any responsible officer or employee of that
permit holder or those persons shall be punished by a fine not exceeding Two Thousand
Dollars($2,000.00). Each day a violation of the State rules or this ordinance shall continue
shall constitute a separate offense.
B. The City may seek to enjoin violations of the State rules or civil penalties for violations of
the State rules in a court.
SECTION 4: If any portion of this Ordinance shall, for any reason, be declared invalid by
any court of competent jurisdiction,such invalidity shall not affect the remaining provisions hereof
and the City Council determines that it would have adopted this Ordinance without the invalid
provision.
SECTION 5: This Ordinance shall take effective immediately from and after the date of its
passage,but the increased fees adopted by this Ordinance shall become effective on October 1,2000
and the State rules adopted by this Ordinance shall become effective on January 1, 2001.
PASSED AND APPROVED THIS 26TH DAY OF SEPTEMBER, 2000.
CITY OFTSVI E, TEXAS
ti
William B. Green, Mayor
AT ST:
Danna Welter, City Secretary
APP VED AS TO FORM:
Paul C. Isham, City Attorney
MEMORANDUM
MEMO TO : Paul Isham, City Attorney
MEMO THRU : Glenn Isbell, City Engineer
Boyd Wilder, Director of Public W
MEMO FROM : Michael Roempke, Building Official
SUBJECT : Fee Changes
DATE : August 18, 2000
It is proposed to raise certain health related fees, required by ordinance, by twenty percent(20%).
The fees to be raised include those for food handler cards, replacement cards, food service
establishment permits, and health permits for day cares, mobile food units, itinerant booths,
nonprofit organizations, bars, and public schools. These fees are contained in part 13.01 of the
Food Service Establishments ordinance. A copy of part 13.01 has been included with this
memorandum, showing the proposed changes.
In accordance with Glenn Isbell's memorandum to you on June 22, 2000, it is hoped that these
fee changes can be applied to the new proposed Food Service Establishment ordinance so that
both can be presented to Council at the same time. The following illustrates the 20% increases
and a projected revenue using the increase.
present fee increased fee present revenue revenue with increase
Food Service Establ. $15 - 150 $18 - 180 $9985.00 $11,982.00
Food Handlers Card $5.00 $6.00 $6480.00 $7776.00
Day Care $24 - 84 $29- 100 $660.00 $792.00
Mobile Units $15.00 $18.00 $30.00 $36.00
Itinerant Booths $15.00 $18.00 $75.00 $90.00
I
Public Schools $50.00 $60.00 $350.00 $420.00
Bars(drinks only) $50.00 $60.00 $150.00 $180.00
$17,730.00 $21,276.00
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