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HomeMy WebLinkAboutIR 7497 INFORMAL REPORT TO CITY COUNCIL MEMBERS No.- 7497 October 30, 1990 0 To the Mayor and Members of the City Council ii Y Subject: QRDINAN AW1101Kfi "HEALTH AND SANITATION" OF THE CODE OF THE CITY OF FORT WORTH The attached proposed ordinance, if approved, would amend Chapter 16, "Health and Sanitation" , of the Code of the City of Fort Worth. The changes in the proposed ordinance were considered as the result of a decision by a Municipal Judge on citations issued under the current ordinance. Staff members from the Departments of Law and Health will review the proposed changes with the City Council during the Pre-Council meeting. If the City Council agrees with the changes, the ordinance will be placed on the Council agenda for consideration the following week. 6t3A-David Ivory City Manager ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 161 "HEALTH AND SANITATION, " OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986) , AS AMENDED, BY AMENDING SECTION 16-101 TO PROVIDE DEFINITIONS, BY AMENDING SECTIONS 16-105 THROUGH 16-107 TO PROVIDE STANDARDS FOR FOOD SERVICE AND TEMPORARY FOOD SERVICE ESTABLISHMENTS, BY AMENDING SECTIONS 16-108 THROUGH 16-110 TO PROVIDE INSPECTION POWERS, BY AMENDING SECTIONS 16-111 THROUGH. 16-115 TO PROVIDE REGULATION OF FOOD SERVICE MANAGERS , BY AMENDING SECTION 16-116 THROUGH SECTION 16-118 AND BY ADDING SECTIONS 16-119 THROUGH 16-120 TO PROVIDE REGULA- TION OF FOOD SERVICE HANDLERS, BY ADDING SECTION 16-121 TO SPECIFY UNLAWFUL ACTIVITIES , BY AMENDING SECTION 16-346 TO PROVIDE DEFINITIONS, BY AMENDING SECTIONS 16-347 THROUGH 16-353 TO PROVIDE PERMIT REQUIREMENTS UNDER CHAPTER 16 , AND BY AMENDING SECTIONS 16-354 THROUGH 16-355 TO PROVIDE PLAN SUBMIS- SION AND REVIEW FEES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES; PROVIDING A SAVINGS CLAUSE; PRO- VIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Article IV of Chapter 16, "Health and Sanitation, " of the Code of the City of Fort Worth, Texas (1986) , as amended, be and is hereby amended by deleting existing Section 16-101 thereof and adding a new Section 16-101 to read as follows: "Sec. 16-101. Definitions . As used in this article: 'Department' shall mean the City Department of Public Health. 'Employee, shall mean any person, including the owner, who works, whether full-time or part-time, for compensa- tion or as a volunteer, at the location of the per- mitted activity. 'Food' shall mean any raw, cooked, or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human con- sumption. 'Food service establishment, shall mean any place where food or drink is prepared, produced, processed, manu- factured, packaged, stored, sold, distributed, served, or otherwise handled, regardless of whether the food or drink is offered for sale, given in exchange, or given away. The term does not apply to private homes where food is prepared or served for guests and individual family consumption. The location of commercially pack- aged single- portion nonpotentially hazardous snack items and wrapped candy vended, distributed, or sold over the counter is excluded. 'Lavatory' shall mean a sink used exclusively for hand- washing purposes . 'Person in charge' shall mean the individual present in a food service establishment who is the apparent super- visor of the food service establishment at the time. If no individual is the apparent supervisor, then each worker present may be deemed to be the person in charge. 'Temporary food establishment, shall mean a food ser- vice establishment that operates at a single location for a period of time of not more than fourteen (14 ) consecutive days. " That Article IV of Chapter 16, "Health and Sanitation, " of the Code of the City of Fort Worth, Texas (1986) , as amended, be and is hereby amended by deleting existing Sections 16-105 through 16-110 thereof and adding new Sections 16-105, 16-106, 16-107 , 16-108, 16-109, and 16-110 to read as follows: "Sec. 16-105. Number and Type of Handwash Sinks Required. a. Each food preparation area of every food ser- vice establishment or temporary food service establish- ment shall contain at least one handwash sink to be used solely for that purpose. It shall not be used for Awll� 2 r food preparation, as a utility sink , f o r washing , rinsing and sanitizing of utensils and equipment, for preflushing or prescraping of equipment and utensils, or for any other purpose. A handwash sink shall not be located within twelve (12) inches of any portion of a three-compartment sink used for washing, rinsing, or santitizing of utensils and equipment. This handwash sink in the food preparation area shall be in addition to any sinks required to be located in or immediately adjacent to toilet rooms or vestibules. b. Each ware and utensil washing area of every food service establishment which is located more than twenty-five (25) feet from a handwash sink as provided in (a) above shall contain at least one handwash sink to be used solely for that purpose. C . Every handwash sink required in Section 16-105 (a) or (b) above shall be equipped with hot and cold water under pressure and metered by a mixing valve activated by either foot or knee controls, or other devices approved by the director of the department. " "Sec. 16-106. Grease Traps. Grease traps required by the current Uniform Plumbing Code, with local amendments, shall be located outside of food preparation or utensil washing areas. If located inside the food service establishment, the top of the trap must be flush with the floor. Grease traps shall be located to be easily accessible for cleaning. " "Sec. 16-107 . Collection and Removal of Garbage. a. Inside the food service establishment or tempo- rary food service establishment. All garbage shall be removed from inside the food service establishment or temporary food service estab- lishment and refuse containers thoroughly cleaned at least once daily. Adequate and suitable containers shall be provided for all ashes, wastepaper, tin cans, floor sweepings , and other refuse. Accumulations of garbage or other wastes within or under any building or room used as a food service establishment or temporary food service establishment shall be prohibited. b. Outside the food service establishment or tem- porary food service establishment. Accumulation of garbage or other wastes outside or around any building or room used as a food service establishment or temporary food service establishment 3 shall be prohibited. All garbage from food service establishments or temporary food service establishments shall be placed outside in flyproof,, watertight metal containers of adequate 'capacity. All outside refuse containers shall comply with the regulations of the solid waste division of the City Services Department. Such containers shall be kept closed at all times except when garbage is being , deposited therein or removed therefrom. " "Sec. 16-108. Powers and duties of the director of the department of public health to inspect and close establishments. The director of the department, or his representa- tive, may inspect any thing offered for sale, given in exchange,, or given away for use as food or drink and shall have the right at any time for such purpose to enter any location, place or building where such food or drink is prepared, produced, processed,, manu- factured, packaged, stored, sold, served, distributed, or given away. When the director of the department or his representative shall find any location, place, or building used for the preparation, production,, pro- cessing, manufacture, packaging, storage, sale, distri- bution, serving, or giving away of articles of food or drinks which is so filthy or unsanitary or the methods of practice therein used so filthy or unsanitary as to endanger public health, it shall be the duty -of such officer to post, at the entrance of the location, building or place,, notice of the conditions thereof, and shall maintain such notice until such condition or practice shall have been removed or abated and shall close such location, place, or building and prevent its use for the storage, manufacture, distribution, or sale of such articles until such location, place or building shall be put into such condition and used so as to no longer endanger public health. At least once every twelve ( 12) months the director of the department, or his representative, shall inspect each food service establishment and shall conduct as many additional inspections and reinspections as are necessary for the enforcement of this chapter. " "Sec. 16-109 . Samples . Samples of food, drink and other substances may be taken and examined by the director of the department, or his representative, as often as may be necessary for the detection of unwholesomeness or adulteration. " AIMN 4 t ` ►. "Sec . 16-110. Unwholesome or Unsafe Food or Drinks; Detention or Destruction. a. When the director of the department or his representative has reason to believe that food or drink is contaminated, adulterated, unsafe, or otherwise unwholesome, the director, or his representative, shall, upon written notice, place the food or drink under detention and prohibit its use, sale, consump- tion, distribution, or movement from the food service establishment or temporary food service establishment until the vendor, owner, or person in charge of the establishment furnishes proof of the wholesomeness of the food product to the director, or his representative. The director, or his representative, shall tag, label, or otherwise identify any food subject to detention and shall require the vendor or owner to separate the sus- pect food from other food. b. No food subject to detention shall be used, served, sold, or moved from the establishment. The director, or his representative, shall permit storage of the food under conditions specified in a hold order. The hold order shall specify with particularity the reasons therefor and shall state that a request for hearing with the director may be filed within ten (10) 00"`` days and that, if no hearing is requested, the food shall be destroyed. A hearing shall be held if so requested, and, on the basis of evidence produced at that hearing, the hold order may be vacated, or the vendor, owner, or person in charge of the food may be directed by written order to denature or destroy such food or to bring it into compliance with applicable laws . Such order of the director to denature or destroy such food or bring it into compliance with the provisions of this chapter shall be stayed if the order is appealed to a court of competent jurisdiction within three (3) days . Wherever the director shall find in any food ser- vice establishment or temporary food service establish- ment or operations any food which is unsound, or contains any filthy, decomposed or putrid substance, or that may be poisonous or deleterious to health or other- wise unsafe, the same being hereby declared to be a nuisance, the director shall forthwith condemn or in any manner render the same unsalable as human food. C. It shall be unlawful for any person to use, offer for sale or consumption, to distribute, or to move any food or drink for human consumption which has been placed under detention pursuant to Section 16-110 (a) above or which has been pronounced by the director, 5 or his representative, to be unfit for human consump- tion or ordered destroyed pursuant to Section 16-110 (b) above- ,, That Article IV of Chapter 16, "Health and Sanitation, " of the Code of the City of Fort Worth, Texas ( 1986) , as amended, be and is hereby amended by deleting existing Sections 16-111 through 16-115 thereof and adding new Sections 16-111, 16-112, 16-113, 16-114 and 16-115 to read as follows: "Sec. 16-111. Food Service Manager's Card Required. a. Any person who owns, operates or manages a food service establishment shall keep at the establish- ment at least one holder of a valid food service manager's card on duty at all hours of operation. Upon notice, the department may require additional holders of a valid food service manager's card on site at the food service establishment to ensure that all food prep- aration and service is performed under the direction of holders of a valid food service manager's card. b. Any person who may be in charge of food prepa- ration in a food service establishment with authority and responsibility to direct and control such activ- ities at a food service establishment shall hold a valid food service manager's card. C. In lieu of complying with the Food Service Manager' s Card requirements in Section 16-111(a) or (b) , the following food service establishments may instead provide that each person who works, whether full or part-time, whether for compensation or not, in the facility, hold a valid Food Handler's Card: (1) Food service establishments that serve,, sell, or distribute only nonpotentially hazardous foods; or (2) Temporary food service establishments. " "Sec. 16-112. Obtaining a Food Service Manager's Card. To obtain a food service manager's card, a person: a. must provide the department with documentation that verifies his knowledge of safe food handling pro- cedures and foodborne illness prevention. A person may ,.. demonstrate his knowledge by providing either of the following documentation: ( 1) a certificate from a recognized indepen- dent testing agency which certifies that the applicant has achieved a passing score on an exami- nation, such as administered by Educational Testing Service, Princeton, New Jersey, through its Food Protection Certification Teat, or its equivalent, which has been designed to measure the understanding and application of safe food hand- ling techniques and practices. Only certificates from testing agencies which ensure that the person named on the agency's certificate took and passed the agency test shall be accepted as equivalent; or (2 ) a certificate from a training program which has been approved by the Texas Department of Health under the provisions of state law. b. must provide a photographic identification of himself which matches the name on the certificate pro- vided in Section 16-112 (a) ( 1) or (a) (2) above; and C . must pay a non-refundable fee for a food ser- vice manager's card in the amount established by City Council. " "Sec. 16-113. Issuance, duration and Renewal of Food Service Manager's Card. a . When the applicant meets the requirements set forth in Section 16-112, the director of the department shall issue the applicant a food service manager's card. The food service manager's card shall be valid for three years from the date the certificate in Section 16-112(x) ( 1) or 16-112(a) (2) was issued to the person. b. A person who has lost a valid food service manager's card may obtain a replacement from the depart- ment upon payment of the fee established by City Council. C . A food manager's card shall expire on the third anniversary of the date of issuance of the certif- icate to the person as provided in Section 16-112 (a) ( 1) or 16-112(x) (2) . d. A holder of a food service manager's card shall renew his card every three years in accordance with requirements specified in Section 16-112. " 7 "Sec. 16-114 . Revocation of Food Service Manager's .. Card. a. The director of the department may revoke a holder's food manager's card when: ( 1) there are repeated or persistent viola- tions of critical health code requirements in the permitted food service establishment at times the food service manager is in charge, or (2) the permitted food service establishment is suspected by the department as the source of a foodborne illness at times the food service mana- ger is in charge, or ( 3) the food service manager knowingly per- mits a person infected with an illness trans- mittable in food or drink to work in a food service establishment. b . Prior to revocation of a food service manager's card, written notice shall be given to the food service manager. Such notice shall set forth: (1) the grounds upon which the City will seek revocation of the card; (2) the specific violations of this code, or V of federal or state laws upon which the City will rely in seeking revocation of the card; (3) that a hearing will be held before the director of the department or his designee (other than a person who has participated in the inspec- tion or investigation) at a specified date, time and place not later than ten ( 10) days after the notice is given; and (4) that the food service manager may appear in person and/or be represented by counsel, may present any evidence and cross-examine all wit- nesses. C. If the holder of a food service manager's card fails to appear at the hearing at the time, place, and date specified, the City shall present sufficient evi- dence to establish a prima facie case showing violation of this article or conditions constituting a hazard to public health which formed the basis of the revocation of the card. d. After completion of the hearing, the hearing ''WA, officer shall make written findings as to whether or 8 not grounds exist for revocation of the food service manager's card. If the hearing officer finds that grounds do exist for revocation of the card, he shall revoke the card. If the hearing officer revokes the card, written notification of such revocation and a copy of the hearing officer's written findings shall be sent by certified mail, return receipt requested, to the food service manager and the holder of the food service establishment permit. Upon receiving notice that the food service manager's card has been revoked, the food service manager shall submit the card to the director of the department. in the event a card is revoked, the City shall not be liable for any refund of any part of the fee paid for the card. A person whose food service manager's card has been revoked shall not be granted a new card until he has obtained a new certificate under Section 16-112(a) (1) or (a) (2) issued after the date of the revocation of the food service manager's card and complied with all other requirements of Section 16-112 . All costs associated with required additional training shall be the responsibility of the food service establishment or the holder of the food service manager's card. ,, "Sec . 16-115. Requirements of Food Service Managers. a. The holder of a food service manager's card must have his card in his possession at all times while on duty at the food service establishment. b. No person shall lend or knowingly permit the use of, by one not entitled thereto, any food service manager's card issued to the person so lending or per- mitting the use thereof . C. No person shall display or represent as one's own any food service manager's card not issued to the person so displaying or representing same. " That Article IV of Chapter 16, "Health and Sanitation, " of the Code of the City of Fort Worth, Texas (1986 ) , as amended, be and is hereby amended by deleting existing Sections 16-116 through 16-118 thereof and adding new Sections 16-116 through 16-118 to read as follows: "Sec. 16-116 . Food Handler's Card Required. Each employee in either a food service establish- "" ment that serves , sells , or distributes only non- potentially hazardous foods or a temporary food service 9 establishment, which does not have a person on duty at all times who holds a valid - food service manager's card, must hold a valid food handler's card. " "Sec. 16-117. Obtaining a Food Handler's Card. To obtain a food handler's card, a person: a. must complete a course of training in food handling offered or approved by the department; b. must provide a photographic identification of himself which matches the name of the person completing the training course in (a) above; c. must pay a non-refundable fee for a food hand- ler's card in the amount established by City Council . " "Sec. 16-118. Issuance, Duration, and Renewal of Food Handler's Card. a. When the applicant meets the requirements set forth in Section 16-117, the director of the department shall issue the applicant a food handler's card. The food handler's card shall be valid for one year from the date the card is issued. b. A person who has lost a valid food handler's card may obtain a replacement from the department upon _ payment of the fee established by City Council. C. A holder of a food handler's card shall renew his card every year in accordance with requirements specified in Section 16-117. " That Article IV of Chapter 16, "Health and Sanitation, " of the Code of the City of Fort Worth, Texas (1986) , as amended, be and is hereby amended by adding a new Section 16-119 thereof to read as follows: "Sec. 16-119 . Retraining of Food Handlers. The director of the department may require the holder of a food handler's card to attend the depart- ment's course of training in food handling if the holder works in a food service establishment when he knows he is infected with an illness transmittable by food or drink. " AWN 10 s , That Article IV of Chapter 16, "Health and Sanitation, " of the Code of the City of Fort Worth, Texas (1986) , as amended, be and is hereby amended by adding a new Section 16-120 thereof to read as follows: "Sec. 16-120. Requirements of Food Handlers. a. The holder of a food handler's card must have his food handler's card in his possession at all times while on duty at the food service establishment or tem- porary food service establishment. b. No person shall lend or knowingly permit the use of, by one not entitled thereto, any food handler's card issued to the person so lending or permitting the use thereof. C . No person shall display or represent as one's own any food handler's card not issued to the person so displaying or representing same. d. No holder of a food handler's card shall work in a food service establishment or a temporary food service establishment when he knows he is infected with an illness transmittable by food or drink. " That Article IV of Chapter 16, "Health and Sanitation, " of the Code of the City of Fort Worth, Texas (1986 ) , as amended, be and is hereby amended by adding a new Section 121 thereof to read as follows: "Sec. 16-121. Unlawful activities. a. It shall be unlawful for any person to operate a food service establishment or a temporary food ser- vice establishment without first obtaining a permit from the director of the department. b. It shall be unlawful for any person to sell or offer for sale, or cause to be sold or offered for sale, any food at a food service establishment or a temporary food service establishment without first obtaining a food service establishment or a temporary food service establishment permit from the director of the department. C. It shall be unlawful for any person to dis- tribute, offer for distribution, or cause to be dis- 11 tributed any food, for sale, given in exchange, or for AON ' free, to the general public without first obtaining a food service establishment or temporary food service establishment permit from the director. What consti- tutes the 'general public, is a question of fact for the fact-finder. " Secs. 16-122 - 16-130. Reserved. That Article XIV of Chapter 16, "Health and Sanitation, " of the Code of the City of Fort Worth, Texas (1986) , as amended, be and is hereby amended by deleting the heading of Article XIV thereof and adding a new heading for Article XIV above Section 16-346 to read as follows: "ARTICLE XIV. PERMITS REQUIRED. - That Article XIV of Chapter 16, "Health and Sanitation, " of the Code of the City of Fort Worth, Texas ( 1986) , as amended, be and is hereby amended by deleting existing Section 16-346 thereof and adding a new Section 16-346 to read as follows: "Sec. 16-346 . Definitions. For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: 'Child care facility, means a facility that provides care, training, education, custody, treatment, or super- vision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the facility is operated for profit or charges for the services it offers. 'Food service establishment' shall mean any place where food or drink is prepared, produced, processed, manu- factured, packaged, stored, sold, distributed, served, or otherwise handled, regardless of whether the food or drink is offered for sale, given in exchange, or given away. The term does not apply to private homes where food is prepared or served for guests and individual family consumption. The location of commercially pack- aged single- portion nonpotentially hazardous snack 12 ` items and wrapped candy vended, distributed, or sold over the counter is excluded. 'Frozen dessert' shall mean any wholesome frozen or partially frozen combination of two (2) or more of the following: 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 sherbet, 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, part- nership, 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 general 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 houses, dormi- tory space where bed space is rented to individuals or groups. ' Ownership of business ' shall mean the owner or operator of the business; shall not apply to the owner- ship of the building. Each new owner shall comply with the current Code of the City. 'Person in charge' shall mean the individual present in a food service establishment who is the apparent super- visor of the food service establishment at the time. If no individual is the apparent supervisor, then each worker present may be deemed to be the person in charge. '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 'therapeutic pool, ' 'hydrotherapy pool , ' 'whirlpool , ' 'hot tub, ' and similar type pools which may not be drained, cleaned and refilled for each individual. 'Public swimming pool ` shall mean any pool which is intended to be used by the general public for swimming, bathing or other related purposes and is operated 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 13 under the control of the owner, the use of which is limited to his family or their invited guests. '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. 'Temporary food service establishment' shall mean a food service establishment that operates at a single location for a period of time of not more than fourteen (14) consecutive days. " That Article XIV of Chapter 16, "Health and Sanitation, " of the Code of the City of Fort Worth, Texas (1986) , as amended, be and is hereby amended by deleting existing Sections 16-347 through 16-358 thereof and adding new Sections 16-347, 16-348, 16-349t 16-350, 16-351, 16-352j, 16-353, 16-354 , 16-355, and 16-356 to read as follows: "Sec. 16-347 . Permits required. A separate permit shall be required for every food service establishment, temporary food service establish- ment, child care facility, public swimming pool, public spa, public water slide, motel- hotel-tourist court,, frozen dessert location, and mobile home park, whether situated in the same or at a separate location, and the amount of the fee shall be computed separately for each permit. Lounge operations located in the same building on the same floor operating under the same liquor license or permit will not require a separate permit- ' "Sec. 16-348. Permit application; form, information to be shown. The application for a permit provided for under the provisions of this chapter shall be made upon forms prescribed and furnished by the department of public health and shall set forth, among other things: the name of the applicant, the address of the proposed per- mitted location, whether the applicant is an individual or a business entity (and if a business entity, what kind, the name and address of the owner or principal officer of the business, and the registered agent, identification of other officers or partners) , driver's license number and date of birth of applicant, and such other information as may be required by the director of the department of public health. incorrect information 14 provided by applicant on the application for a permit shall constitute grounds for revocation of a permit.." "Sec. 16-349. Permit to be issued upon compliance with state statutes and city ordinances . The director shall issue a permit in writing to the applicant when the applicant has complied with the requirements of all state statutes, the provisions of this Code, other city ordinances and rules and regula- tions of the department of public health governing sani- tation and protection of public health, and he has furnished satisfactory proof of such compliance. " "Sec. 16-350. Permit duration; no refunds of permit fees. Application for a temporary food service establish- ment permit may not be made earlier than thirty (30) days prior to the effective date of the permit. A temporary food service establishment permit shall be valid for no more than fourteen ( 14) consecutive days from the effective date. Any other permits granted under the provisions of this article shall remain valid for one year from date of issuance unless sooner sus- pended or revoked for cause; a new permit shall be applied for annually. Permits shall remain the prop- erty of the City. No permit fees shall be refunded or transferred. Permits are not transferable. " "Sec. 16-351. Suspension or revocation of permits. (a) The director of the department may, without warning, notice or hearing, suspend or revoke any per- mit to operate a food service establishment or tempo- rary food service establishment if the holder of the permit does not comply with the requirements of these rules and if the operation of the food service estab- lishment or temporary food service establishment other- wise 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 by the director of the department . If no request for a hearing is filed within the ten-day period, the suspension or revocation of the permit becomes final . (b) Failure to comply with any provision of this Code or repeated violations of the requirements of this article or any other state and local laws, rules and regulations as may be applicable to the permitted + establishment shall be deemed cause for revocation of 15 permit. Prior to such revocation , the d i r e c t o r of public health shall notify the holder of the permit, or ,Its the person in charge, in writing of the reason the permit is subject to revocation and that the permit shall be revoked at the end of ten ( 10) days following service of such notice unless a written request for a hearing is filed with the director of the department by the holder of the permit within such ten-day period. If no request for a hearing is filed within the ten-day period, the revocation of the permit becomes final. " (c) If the holder of a permit fails to appear at the hearing requested pursuant to Section 16-351(a) or (b) above at the time, place, and date specified, the City shall present sufficient evidence to establish a prima facie case showing violation of this article or conditions constituting a hazard to public health which formed the basis of the suspension or revocation of the permit. (d) After completion of the hearing, the hearing officer shall make written findings as to whether or not grounds exist for suspension or revocation of the permit. If the hearing officer finds that grounds do exist for suspension or revocation of the permit, he shall revoke the permit. If the hearing officer sus- pends or revokes the permit, written notification of .� such suspension or revocation and a copy of the hearing officer's written findings shall be sent by certified — mail, return receipt requested, to the holder of the permit. In the event a permit is suspended or revoked, the City shall not be liable for any refund of any part of the fee paid for the permit. " "Sec. 16-352 . Permits 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 upon the premises or in the establishment for which the permit was issued. If the permit holder is a business and upon change of ownership of a business (not ownership of the building) , 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 the department. The renewal of permits to the same ownership will be approved upon proof of compliance with current minimum health depart- ment requirements . " 16 "Sec. 16-353. Fee schedule. (a) The permit fee for any permit required under this article or by Section 16-347 shall be in an amount established by City Council . (b) For the purposes of computing fees to be charged under this section, an employee, shall be any person, whether full-time or part-time, whether for compensation or as a volunteer, directly involved in the permitted operation up to a total of one hundred ( 100) employees. " "Sec. 16-354 . Submission of plans. Whenever a food service establishment is con- structed or extensively remodeled, whenever a change in ownership of business occurs, or whenever an existing structure is converted to be used as a food service establishment or whenever public swimming pools, spas or water slides are to be constructed, properly pre- pared plans and specifications for such construction, remodeling or conversion shall be submitted to the director of public health for review and approval before construction, remodeling or conversion is begun. The plans and specifications shall indicate the pro- posed layout, arrangement, mechanical plans and con- 00` struction materials of work areas and the type and model of proposed fixed equipment and facilities. The director of public health or his duly authorized repre- sentative shall approve the plans and specifications if they meet the requirements of the health-related ordi- nances of the city and the regulations of the state department of health. A fee shall be charged for this service as provided for in Section 16-355. " "Sec. 16-355 . Plan review fees. Plan review fees for food service establishments, public swimming pools , public spas , public water slides, mobile food units (excluding snowcone vendors, ice cream truck vendors , and produce vendors ) , motel/hotel/tourist court (lodging only) , and mobile home parks shall be in amounts established by City Council. ,, "Sec. 16-356 . Pre-operation inspection. Whenever plans and specifications are required to be submitted to the director of the department by Section 16-355 of this article, the director of the department or his representative shall inspect the food service establishment or public swimming pool, spa or water slide prior to the start of operations, to deter- 17 mine compliance of the approved plans and specifica- tions with the requirements of this article and regula- tions of the state department of health. " Secs . 16-357-16-370. Reserved. SECTION 2. This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas (1986) , as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. 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 unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, para- graphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sen- tence, paragraph or section. SECTION 4 . Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000- 00) for each 18 f offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5 . All rights and remedies of the City of Fort worth, Texas, are expressly saved as to any and all violations of the provi- sions of Chapter 16 of the Fort Worth City Code which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts . SECTION 6 . The City Secretary of the City of Fort Worth, Texas, is 0,,,, hereby authorized to publish this ordinance in pamphlet form for general distribution among the public, and the operative provi- sions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas. SECTION 7 . The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the cap- tion and penalty clause (Section 4 ) in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. 19 SECTION 8. The City Secretary of the City of Fort Worth,, Texas, is here- by directed to publish the caption and penalty clause (Section 4) of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52-013, Texas Local Government Code. SECTION 9. This ordinance shall be in full force and effect from and after December 1, 1990, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: December 1. 1990 20