HomeMy WebLinkAboutOrdinance 7382 ORDINANCE NO. 3 AN ORDINANCE AMENDING SECTION 19-421, OF CHAPTER
19 OF THE FORT WORTH CITY CODE (1964) , AS AMENDED,
WHICH SECTION REQUIRES THE PAYMENT OF PERMIT FEES
TO ENGAGE IN CERTAIN OCCUPATIONS WITHIN THE CITY,
BY INCREASING SUCH FEES; PROVIDING PENALTIES; MAK-
ING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES;
REPEALING CONFLICTING ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; DECLARING THE ENFORCEMENT
HEREOF TO BE A GOVERNMENTAL FUNCTION; AND PROVID-
ING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTION 1.
Section 19-421, of Chapter 19 of the Fort Worth City
Code (1964) , as amended, is hereby amended, and, after being
so amended, same shall hereafter read and be as follows:
Section 19-421. Amount of fee.
A fee shall be charged and paid by the
permitee on each of the occupations, voca-
tions or businesses hereinafter listed. In
cases where a permittee conducts any such
occupations, vocations or businesses at more
than one location, a separate permit will be
required, and the amount of the fee shall be
computed separately for each such location.
The amount of such fees shall be as
follows:
For either one (1) or two (2)
such occupations, vocations
or businesses at a single
location . . . . . . . . . . . . . .. $60.00
For each occupation, vocation
or business in excess of
two (2) and up to and includ-
ing five (5) at a single
location .. . . . . . . . . . . . . . $30.00 each
For each occupation, vocation
or business in excess of
five (5) at a single location . . $15.00 each
The following occupations, vocations
or businesses are included within the pro-
visions of this section:
Bakery Meat Market
Barbershop Motel (lodging only)
Beauty parlor Place of public amusement
Bottling plant Public swimming pool
Cafe Restaurant
Candy store Soda fountain
Dining room Soft drink establishment
Food factory Theatre
Food peddler Tourist camp (lodging only)
Grocery store Tourist court (lodging only)
Hamburger stand Transient stock company
Hotel (lodging only) Water distributor
Lunch counter Watermelon stand
Any other occupation, vocation or business
where food or drink for human consumption is
manufactured, stored, sold or offered for sale,
or given away or given in exchange, excepting,
however, those places regulated under City
ordinances concerning with a distinct industry,
occupation, vocation or business for which a
permit fee is designated in such ordinances.
A separate permit shall not be required
for the retail sale of each of various types of
food 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.
No fee shall be charged on the following
occupations, vocations or businesses:
Hospital Private school
Maternity home Children's boarding home
SECTION 2.
Any person, firm, corporation or any agent or employee
thereof who violates any of the provisions of this ordinance
shall be guilty of a misdemeanor and, upon conviction there-
of, shall be fined not to exceed Two Hundred and no/100 Dollars
($200.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 3.
This ordinance shall be and is hereby declared to be
cumulative of all other ordinances of the City of Fort Worth
providing for the regulation of certain occupations, voca-
tions or businesses in the City of Fort Worth, and this
ordinance shall not operate to repeal or affect any of such
other ordinances except insofar as the provisions thereof
might be inconsistent or in conflict with the provisions of
this ordinance, in which event such conflicting provisions,
if any, in any such ordinance or ordinances are hereby
repealed.
SECTION 4.
If any section, subsection, sentence, clause or phrase
of this ordinance is for any reason held to be unconstitu-
tional, such holding shall not affect the validity of the
remaining portions of this ordinance, and all of the re-
mainder of this ordinance not so held to be unconstitutional
shall continue to be in full force and effect.
SECTION 5.
All of the regulations provided in this ordinance are
hereby declared to be governmental and for the health, safety
and welfare of the general public. Any member of the City
Council, any City official or employee charged with the en-
forcement of this ordinance, acting for the City of Fort Worth
in the discharge of his duties, shall not thereby render
himself personally liable, and he is hereby relieved from
all personal liability for any damage that might accrue to
persons or property as a result of any act required or per-
mitted in the discharge of his said duties.
SECTION 6.
This ordinance shall take effect and be in full force
and effect from and after the date of its passage and pub-
lication as provided by law.
APPROVED AS TO FORM AND LEGALITY:
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City Attorney
4 City of Fort Worth, Texas
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NNE Mayor and Council Communication
MIUFF
DATE REFERENCE SUBJECT: Ordinance for Health Permit PAGE
GRAHAM NUMBER Fees
7/12/76 G-3101 for 2
DRADSHA'.v
Background
Current general sanitation permit fees were established by Ordinance 5482
on November 29, 1965. Permit fee charges are based on the number of different
types of operations requiring inspections at a single location or place of
business. The different types of operations for which a permit is required
are as follows:
Bakery Food factory
Barber shop Food peddler
,Beauty parlor Grocery store
Bottling plant Hamburger stand
Cafe Hotel (Lodging only)
Candy store Lunch counter
Dining room Meat market
Motel (Lodging only) Theatre
Place of public amusement Tourist camp (Lodging only)
Public swimming pool Tourist court (Lodging only)
Restaurant Transient stock company
Soda fountain Water distributor
Soft drink establishment Watermelon stand
The City's current sanitation permit fee is: $19 for a single business estab-
lishment having one or two operations; $10 for each additional type of
operation up to and including five; and an additional $5 for each operation
over five. Each operation is inspected for compliance with sanitation require-
ments approximately once every sixty days.
The current fiscal year inspection program will cost approximately $173,100
while permit revenue is estimated to be $56,500. Expenditures in the permit
inspection program are made primarily for salaries of the 13 inspectors and
administrative staff who conduct the inspections and maintain records of
inspections. Less than 6 per cent of the funds are used for equipment and
supplies.
Because the permit fee has not been adjusted in over ten years, the City is
currently faced with a program deficit of $116,600 which is subsidized
through general revenues. As of July 1, there were approximately 2,908
businesses requiring permits with some 3,050 permits having been issued (the
difference caused by multiple operations)
In order to offset the cost of this service, the following fee schedule is
proposed:
1 2 3 4 5
No. of Operations No. of Present Proposed Revenue
Per Business Businesses Fee Fee 2 X 4
1-2 2,908 $19 $60 $174,480
3-5 105 10 30 3,150
Over 5 34 5 15 510
DATE REFERENCE SUBJECT: Ordinance for Health Permit PAGE
NUMBER
7/12/76 G-3101 Fees —2_ of 2
Fees .for this service are payable on October first of each year. While
1976-77 costs have not yet been determined through establishment of next
year's budget, the proposed fee schedule is expected to produce revenues that
will reasonably approximate costs.
The graduated fee schedule is believed to be the most equitable manner for
financing this service, since it is related to the time required to make
inspections.
Recommendation
It is recommended that the attached ordinance be adopted increasing health
permit fees as described above.
JMT:ms
Attachment
SUBMITTED BY: DISPOSITION Y COUNCIL: PROCESSED BY
APPROVED ❑ OTHER (DESCRIBE)IBBE
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9 �� _ /J u CITY SECRETARY
DATE
CITY MANAGER