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Home My WebLink AboutOrdinance 5436 m ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 19-420 AND 19-421 OF CHAPTER 19 OF THE FORT WORTH CITY CODE (1964) WHICH SECTIONS RE-. QUIRE PERMITS AND THE PAYMENT OF PERMIT FEES TO-, ENGAGE IN CERTAIN OCCUPATIONS WITHIN THE CITY, BY ADDING PUBLIC SWIM- MING POOLS; DELETING CARNIVALS AND CIRCUSES; INCREASING FEES; PROVIDING PENALTIES; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; DECLARING THE ENFORCEMENT HEREOF TO BE A GOVERNMENTAL FUNCTION AND PROVIDING AN EFFECTIVE. DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. Section 19-420 of Chapter 19 of the Fort Worth City Code (1964) is here- by amended,. and after being so amended, same shall hereafter read as follows: "Section 19-420. Occupations, vocations or businesses requiring permit enumerated. "Each person engaged in any of the following occupations, vocations or businesses whether in a single building or not shall secure a permit for each such occupation, vocation or business as hereinabove provided; 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 SECTION 2. Section 19-421 of Chapter 19 of the Fort Worth City Code (1964) is here- by amended, and after having been so amended, same shall hereafter read as follows: "Section 19-421. Amount of fee. "For each permit issued under the provisions of this article a fee shall be charged and paid by the permittee on the following basis: "A fee of ntneteem dollars shall be paid on each of the follow- ing occupations, vocations or businesses. In cases where a permittee conducts any such occupa-tione,. voc&tions or businesses at multiple locations where food is prepared or processed, ' -uhetlrer in a single building',or, not, a sel6rate permit and the payment of a separate fee wili"be required for each such location. 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 . 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 of- fered for sale, or given away or given in exchange, excepting, however, those places regulated under city ordinances concerned with a distinct industry, occupation, vocation or business, for which the permit fee shall remain as designated in such city or- dinances . "No fee shall be charged on the following occupations, vo- cations or businesses: Hospital Private school Maternity home Children's boarding home" SECTION 3. Any person, firm, corporation or any agent or employee thereof who vio- lates any of the provisions of this ordinance shall be guilty of a misde- meanor and, upon conviction thereof, shall be fined not to exceed Two Hun- dred and No/100 Dollars ($200.00) for each offense . Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 4. 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, vocations or businesses in the City of Fort Worth, and this ordinance shall not operate to repeal or affect any of such other ordi- nances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflict- ing provisions, if any, in such other ordinance or ordinances are hereby re- pealed. SECTION 5. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, 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 6. All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general pub- lic. Any member of the City Council, any City official or employee charged with the enforcement 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 migh-k, accrue to persons or property as a result of any act required or per- mitted in the discharge of his said duties. SECTION 7. This ordinance shall take effect and be in full force and effect from and after the date of its passage and publication as provided by law. APPROVED AS TO FORM AND LEGALITY: City Attorney Passed and adopted this day of 1965 ———-----—---...................................... City of Fort Worth., Texas Mayor and Council Communication DATE REFERENCE EcT: General Sanitation Permit Fees PAGE N MOVR 9/7/65 G-841 I of Transmitted herewith is a draft ordinance proposing an adjustment of the fee charged for general sanitation permits issued to businesses which are re - lated and inspected for protection of the public health; and clarification of the basis for application of such permit fees. Adaugtment of Permit Fee The general sanitation permit fee was established at $10 annually in September, 1959, by amendment of Article 15, Section 280 of the Fort Worth City Code (1950 Edition), pertaining to general sanitation permit fees. This amount was determined on the basis of a time study which established that the average cost per inspection in 1,959 of restaurants, grocery stores, barber shops, and other such businesses requiring regula- tion and inspection was approximately $1.75, and that each establishment was inspected an average of six times per year, amounting to a total Annual inspection cost of $10.50 per establishment . More thorough Health Department inspections, and rising salary and price levels, have increased the cost per inspection from $1.75 to $3.15 at present. The average annual cost per establishment has risen from $10.50 in 1959 to an anticipated $19.00 in 1965-66. City salary levels have increased since 1959, and in 1961 the Health Department instituted an intensive bacteriological swab testing program of food establishments which provides better health protection to the public, but increases the average time required for an inspection. Increasing the permit fee to $19.00 annually is proposed in order to reduce to an amount more in line with previous experience the extent to which general sanitation inspection activities are subsidized from property tax revenues. Fe,e,e charged by other major Texas cities for general sanitation, permits are in the general range of tha, proposed $19.00 fee in Fort Worth, as shown in the following table: Annual Permit Fee Fort Worth "(Correnty, $10 Fort Worth (Proposed) $19 Amarillo $12.50 Austin $14-$60* Dallas No fee Houston $5-$25* San Antonio $12-$65* *Based on number of employees DATE RtFIER.EPCE suiuccn General Sanitation Permit Fees PAGE N Ma 9/7/65 G-842 of 2 ARglicati2n of Permit Fees The proposed ordinance clarifies a vague clause in Chapter 19, Article IV of the City Code (1964 edition) which has created an inequity in applica- tion of permit fees by allowing large businesses which operate two or more of the types of establishments described in the ordinance to do business with only one general sanitation permit, even though each operates, in effect, as a separa' e business. For example, a large general purpose store may operate a restaurant, bakery, candy store, and soda fountain as separate departments within the store, each of which requires a separate inspection, and pay only one permit fee. The proposed ordinance requires that a permit be issued for each separate business involved with food preparation. Lecommend,.ation It is recommended that an ordinance be adopted increasing general sanita- tion permit fees from $10 to $19 annually, and requiring a separate permit for each separate occupation, vocation or business listed in the ordinance. It is further recommended that, since the term of these annual permits are based on the City's fiscal year and almost all have been issued for the current fiscal year, the effective date of this ordinance be October 1, 1965. JLB:Ip SUBMITTED BY-. DISI ► ION BY COUNCIL PROCESSED BY APPROVED ¢ OTHER (DESCRIBE) CITY SECRETARY . .......... DATE CITY MANAGER