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HomeMy WebLinkAboutOrdinance 8821al l ORDINANCE NO. ZS t~ oC, AN ORDINANCE AMENDING CHAPTER 19, "HEALTH AND SANITATION," OF THE CITY OF FORT WORTH (1964), AS AMENDED, BY AMENDING "ARTICLE XVI. PERMITS," THEREOF BY AMENDING THE APPLICA- TION FORM REQUIREMENTS; ALLOWING FOR A CALENDAR ANNUAL DURATION OF EACH PERMIT; ALLOWING FOR REVOCATION OF A PERMIT AND A HEARING THEREON; PROVIDING DEFINITIONS FOR USE IN THIS ARTICLE; PROVIDING THAT PERMITS BE NON- TRANSFERABLE AND POSTED CONSPICUOUSLY; LISTING TYPICAL ESTABLISHMENTS REQUIRING PERMITS; SETTING PERMIT FEES; PROVIDING FOR REVIEW OF BUILDING PLANS FOR PROPOSED OR EXPANDED PERMITTED OPERATIONS AND ALLOWING FOR A FEE TO BE CHARGED FOR SAID SERVICE; SETTING FEES FOR PLAN REVIEW; PROVIDING FOR PRE-OPERATION INSPECTION; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PROVISIONS OF ORDINANCES AND OF SUCH CODE AFFECTING HEALTH ,AND SANITA- , TION; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORIZING PUBLICATION IN PAMPHLET FORM; DIRECT- ING PUBLICATION OF THE CAPTION AND PENALTY CLAUSE; DIRECTING THE ENGROSSMENT AND ENROLLMENT OF THE CAPTION AND PENALTY CLAUSE AND THE FILING OF THIS ORDINANCE; PRO- VIDING A PENAL CLAUSE; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 19-413 of Chapter 19 of the Code of the City of Fort Worth (1964), as amended, be and the same is hereby amended so that hereafter same shall read and be as follows: "Sec. 19-413. Application; form, information to be shown. "The application for a permit provided for under the provisions of this article shall be made upon forms pre- scribed and furnished by the Department of Public Health and shall set forth, among other things, the following: the name of the applicant, the name and address of the owner or principal officer of the corporation, partner- ship, trust or other group ownership of the business, the nature of the business, the location of the business and such other information as may be required by the Director of the Department of Public Health." SECTION 2. That Section 19-415 of Chapter 19 of the Code of the City of Fort Worth (1964), as amended, be and the same is hereby amended so that hereafter same shall read and be as follows: "Sec. 19-415. Duration. "Permits granted under the provisions of this article shall remain in force for one year from date of issuance unless sooner suspended or revoked for cause. Permit shall remain the property of the City of Fort Worth. A new per- mit shall be applied for annually." e SECTION 3. That Section 19-416 of Chapter 19 of the Code of the City of Fort Worth (1964), as amended, be and the same is hereby amended so that hereafter same shall read and be as follows: "Sec. 19-416. Revocation. "a) The Department of Public Health may, without warning, notice or hearing, suspend or revoke any permit to operate a food establishment if the holder of the per- mit does not comply with the requirements of these rules and if the operation of the food establishment otherwise constitutes a substantial hazard to public health. When a permit is suspended or revoked, food service operation shall immediately cease. The permit holder of a suspended or revoked permit shall be afforded an opportunity for a hearing within ten (10) days of receipt of a request for hearing. "b) Failure to comply with any provision of this Code and repeated violations of the requirements of this ordi- nance or any other state and local laws, rules and regula- tions as may be applicable to the permitted establishment shall be deemed cause for revocation of permit. Prior to such revocation, the Director of Public Health shall notify the holder of the permit, or the person in charge, in writing of the reason the permit is subject to revoca- tion and that the permit shall be void at the end of ten days following service of such notice unless a written request for a hearing is filed with the Director of Public Health by the holder of the permit within such 10-day period. If no request for a hearing is filed within the 10-day period, the revocation of permit becomes final." SECTION 4. That Section 19-417 of Chapter 19 of the Code of the City of Fort Worth (1964), as amended, be and the same is hereby amended so that hereafter same shall read and be as follows: "Sec. 19-417. Definitions. "For the purpose of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this section: "Childcare Facilities. Shall mean a facility keeping more than five (5) unrelated children that provides care, training, education, custody or supervision for children under fifteen (15) years of age, who are not related by blood, marriage or adoption to the owner or operator of the facility, for all or part of the day, whether or not the facility is operated for profit or charges for the services it offers. Exclusion: Facilities that do not charge for their services will be required to make application for a permit and meet current requirements but are exempt from payment of the permit fee. -2- "Food Establishment. Shall mean all places where food or drink are manufactured, packaged, produced, processed, transported, stored, sold, commercially prepared, vended, or otherwise handled, whether offered for sale, given in exchange or given away for use as food or furnished for human consumption. The term does not apply to private homes where food is prepared or served for guest and ind- vidual family consumption. The location of commercially packaged single portion non-potentially hazardous snack items and wrapped candy vended or sold over the counter is excluded. "Frozen Dessert. Shall mean any wholesome frozen or par- tially frozen combination of two (2) or more of the fol- lowing: milk or milk products, eggs or egg products, sugar, water, fruit or fruit juice, candy, nut meats, or other harmless and wholesome food products, flavors, color or harmless stabilizer, and shall be deemed to include ice cream, frozen custard, ice milk, milk sherbert, ices and other similar products dispensed through a machine. "Mobile Home Park. Shall mean a unified development of mobile home spaces arranged on a tract of land under ownership of any natural individual, firm, trust, partner- ship, association or corporation that leases or rents a tract of land or space for compensation. "Motel-Hotel-Tourist Court (lodging only). Shall mean any building or buildings or any other facility in which the public may, for a consideration, obtain on a day-to-day basis, sleeping accommodations and shall include hotels, motels, tourist homes, houses or courts, lodging houses, inns, rooming h ouses, dormitory space where bed space is rented to individuals or groups, including apartments not occupied by permanent residents. "Private School. Shall mean an educational facility that operates solely for educational purposes in grades kinder- garten through college and does not provide custodial care for more than one (1) hour during the hours before or after the customary school day. "Public Swimming Pools, Spas, Water Slides. Public Swimming Pool. Shall mean any pool which is intended to be used by the general public for swim- ming, bathing or other related purposes and is oper- ated by an owner, lessee, operator, licensee or concessionaire, regardless of whether a fee is charged for use. The term 'public swimming pool' does not include a private residential swimming pool located on private property under the control of the homeowner, the use of which is limited to his family or their invited guests. "Public Spa (not to include private residential spas, the use of which is limited to members of the family or their invited guests). Shall mean 'thera- peutic pool,' 'hydrotherapy pool,' 'whirlpool,' 'h of tub,' and similar type pools which may not be drained, cleaned and refilled for each individual. "i "Public Water Slide. Shall mean any recreational water slide flume designed to provide a descending ride into a splash pool at the base of the slide. 1 -3- "Temporary Food Service Establishment. Shall mean a food service establishment that operates at a fixed location for a period of time of not more than four- teen (14) consecutive days in conjunction with a single event or celebration. "Theater. Shall include every place, whether indoors or outdoors, at which any theatrical performance, moving picture show, musical concert, circus or earn- iv al is offered for compensation." SECTION 5. That Section 19-418 of Chapter 19 of the Code of the City of Fort Worth (1964), as amended, be and the same is hereby amended so that hereafter same shall read and be as follows: "Sec. 19-418. Nontransferable; display. "Permits issued under the provisions of this Article are not transferable. Upon issuance of a valid permit, the permit shall be posted in a conspicuous place in the establishment for which the permit was issued. Upon change of ownership of a business (not ownership of the build- ing), the new owner will be required to meet current standards as defined in City ordinances and state law before a permit will be issued by the Director of Public Health The renewal of permits to the same ownership will be approved upon proof of compliance with current minimum health department requirements." SECTION 6. That Section 19-419 of Chapter 19 of the Code of the City of Fort Worth (1964), as amended, be and the same is hereby amended so that hereafter same shall read and be as follows: Sec. 19-419. Occupations, vocations or businesses re- quiring permits enumerated. "A permit shall be required and a fee shall be charged for every food establishment, temporary food ser- vice establishment, childcare facility, private school, public swimming pool, public spa, public water slide, motel-hotel-tourist court, frozen dessert location, and mobile home park. A separate permit shall be required for each such occupation, vocation or business whether situ- ated in the same building or at a separate location, and the amount of the fee shall be computed separately for each permit. Lounge operations located in the same build- ing on the same floor operating under the same liquor license will not require a separate permit. "The following is a non-inclusive list of examples of occupation, vocations and businesses that require health permits: -4- ~, "Examples: Restaurant Cafe Grocery Lounge Snow cone stand Produce vendor Food warehouses Bakery Hamburger stands Food manufacturer Bottling plant Fish wholesaler Fish retailer Meat distributor Poultry distributor Food vendors Lunch counter Wholesale fish trucker "Any other occupation, v ocation or business where food or drink for human consumption is manufactured, stored, sold or offered for sale, or given away or given in exchange shall require a health permit. A separate permit shall not be required for the retail sale of each of various types of f ood products under one roof if food is not actually prepared or processed on the premises and provided that the business establishment where such items are sold to the public is covered by a valid health permit." SECTION 7. That Section 19-420 of Chapter 19 of the Code of the City of Fort Worth (1964}, as amended, be and the same is hereby amended so that hereafter same shall read and be as follows: Sec. 19-420. Permit Fee Schedule. "For each such occupation, v ocation or business the following fee schedule shall apply: 1. A. Food establishments - $125.00 plus $2.50 per em- ployee. B. Fish wh olesaler, fish retailer, wholesale fish trucker, meat distributor, produce vendor, poultry distributor, snow cone truck, ice cream truck, mobile food vendor - $125.00 plus $2.50 per employee plus $6.25 per truck. 2. Frozen dessert - $25.00 (in addition to the general permit fee charged under this section). 3. Temporary food stands or vendor - $50.00. 4. Private waste hauler per vehicle - $15.00. 5. Commercial waste hauler - $125.00 plus $6.25 per truck. 6. Childcare facilities - $125.00 plus $2.50 per em- ployee. 7. Theatre - $125.00 plus $2.50 per employee. 8. Septic tank cleaner permit - $125.00. 9. Mobile Home Park permit - $125.00 plus $2.50 per trailer space. -5- "For the purposes of computing fees to be charged under this section, an 'employee' shall be any employee directly inv olved in the permitted operation up to a total of one hundred (100) employees." SECTION 8. That Section 19-421 of Chapter 19 of the Code of the City of Fort Worth (1964), as amended, be and the same is hereby amended so that hereafter same shall read and be as follows: Sec. 19-421. Submission of plans. "Whenever a food service establishment is constructed or extensively remodeled and whenever an existing struc- ture is converted to be used as a food service establish- ment or whenever public swimming pools, spas, or water slides are to be constructed, properly prepared plans and specifications for such construction, remodeling or con- version shall be submitted to the Director of Public Health for review and approval before construction, remodeling or conversion is begun. The plans and specifi- cations shall indicate the proposed layout, arrangement, mechanical plans and construction materials of work areas and the type and model of proposed fixed equipment and facilities. The Director of Public Health or his duly authorized representative shall approve the plans and specifications if they meet the requirements of the health-related ordinances of the City of Fort Worth and the regulations of the Texas Department of Health . A fee may be charged for this service as provided for in Section 19-421.1." SECTION 9. That there be established a Section 19-421.1 of Chapter 19 of the Code of the City of Fort Worth (1964), as amended, the same to read and be as follows: "Sec. 19-421.1. Plan review fee. 1) Food Service Establishments a) 0-150 sq. ft. $ 25.00 b) 151-8,000 sq. ft. $150.00 c} 8001 - 20,000 sq. ft. $200.00 d) 20,001 sq. ft. and larger $250.00 2) Public Swimming Pools, Public Spas, $ 50.00 Public Water Slides 3) Mobile Food Unit $ 50.00 (excluding snowcone vendors, ice cream truck vendors, and fruit and vegetable vendors)" SECTION 10. That there be established a Section 421.2 of Chapter 19 of the Code of the City of Fort Worth (1964), as amended, the same to read and be as follows: -6- "Sec. 19-421.2. Pre-operation inspection. "Whenever plans and specifications are required to be submitted to the Director of Public Health by Sec. 19-421 of this ordinance, the Director of Public Health or his duly authorized representative shall inspect the food ser- vice establishment or public swimming pool, spa or water slide prior to the start of operations, to determine com- pliance of the approved plans and specifications with the requirements of this ordinance and regulations of the Texas Department of Health." SECTION 11. That this ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth (1964), as amended, affecting health an d sanitation, except where the provi- sions of this ordi nance are in direct conflict with the provisions of such ordinance and such Code, in which event such conflicting provisions of such ordinances and such Code are hereby re pealed. SECTION 12 That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Chapter 19 of the Code of the City of Fort Worth (1964), as amended, and of any other ordinance affecting health and sanitation which have accrued at the time of the effective date of this ordi- nance; and, as to such accrued violations and all pending litiga- tion, both civil and criminal, whether pending in court or not, under such chapter and/or other ordinances, same shall not be affected by this ordinance but may be prosecuted until final dispo- sition by the courts. SECTION 13. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or unconstitutional by the valid judgment or final decree of a court of competent jurisdiction, such voidness, ineffec- tiveness or unconstitutionality shall not affect any of the remain- -7- k` ing phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffec- tive or unconstitutional phrase, clause, sentence, paragraph or sec- tion. SECTION 14. That the City Secretary of the City of Fort Worth is hereby authorized to publish this ordinance in pamphlet form for general distribution among the public, and this ordinance as so published shall be admissible in evidence in all courts without further proof than the production of said pamphlet, as provided in Section 3, Chapter XXV of the Charter of the City of Fort Worth. SECTION 15. s That the City Secretary of the City of Fort Worth is hereby directed to publish the caption and penalty clause of this ordinance for five (5) days in the official newspaper of the City of Fort Worth, as authorized by Article 1176b-1, Revised Civil Statutes of Texas. SECTION 16. That the City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and penalty clause of same in the minutes of the City Council of Fort Worth and by filing the ordinance in the ordinance records of said City. SECTION 17. That any person violating any of the provisions of this ordi- nance shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this ordinance is committed, continued or permitted, and each violation shall be punishable by a fine not to exceed Two Hundred Dollars ($200.00). -8- .. M ti SECTION 18. That this ordinance shall be in full force and effect from and after the date of its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney - O Date: ~~ ~b ~~ ADOPTED: EFFECTIVE: -9-