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HomeMy WebLinkAboutOrdinance 2022 ORDINANCE NO. ;'C s s• AN ORDINAITCE PROHIBITING PEDDLING OF FISH OR SEA FOODS IN THE CITY OF FORT WORTH; MINING TEELO; PROVIDING FOR 'xri4 .13GULATION Al,, _,�M ISSUING OF T l__Z S TO _. _.:,:3._°ED Z THE BUSINESS OF BUYING OR SELLING FISH OR SEA FOODS; PROVIDING A PEt±ALTY; PROVIDING .& SAVING CLAUSE; AND PROVIDING FOR ,••• :''_1,A&iL OF ALL ORDINANCES IN CODTFLICT ::. ,PI'!"d• MMZ5, fish and sea foods are now being sold in the City of Fort Worth, Texas, which are inferior in quality, unfit for human consumption, mixed in grade and sold as of a higher grade; and, VVIM&S, fish and sea foods are stored, kept, packed and sold in wholesale and retail establishments which are maintained in an insanitary condition, and therefore dangerous to the health of the public; and$, FJ:RMAiS, in order to protect the health of the citizens of the City of Fort Worth and prevent citizens thereof from being defrauded, it is neces- sary to regulate the sale of fish and all sea foods and to inspect and regu- late establishments where such fish and sea foods are kept, stored, sold or prepared for sale; NOW, THERRFORZ, BE IT ORDAIMM BY THE CITY COUNCIL OF THE CITY OF FORT WOEM, TFK+S: SECTION le The term "person" shall include both singular and plural and shall mean and embrace any person, firm or corporation, their agents, servants and employesse Pronouns in the masculine gender shall include the corresponding word in the feminine or neuter gender* The term "sea foods" shall mean and include oysters, shrimp, lobsters, crabs, turtles, terrapins, clams and frog logs* w The term "fish wholesaler," within the meaning of this ordinance, is any person who maintains a definite and fixed place of business in the City of Fort Worth and who is engaged in the business of buying and selling or r� handling for shipment fish or other sea foods in quantities of ten (10) pounds or more to any customer during the same day, and whose daily sale or whose 0 sales per any one day amount to more than the aggregate of one hundred (100) pounds. The term "fish retailer," within the meaning of this ordinance, is any person who maintains a definite and fixed place of business in the City of Fort Worth and who is engaged in the business of buying and selling fish or sea foods and who sells same to the consumer in quantities of less than ten (10) pounds to any customer during the same day, or whose daily sales amount to less than the aggregate of five hundred (500) pounds; provided, how— ever, that where fish or sea foods are sold at restaurants, hotels or cafes to be consumed on the premises, such restaurants, hotels and cafes shall not be considered "fish retailers" within the m,.aning of this ordinance• The term "wholesale fish trucker," within the meaning of the ordinance, is any person who, at other than a definite and fixed place of business, shall sell or offer to sell or exchange fish or sea foods to dealers or retailers, and, at the time of such sale or exposure for sale, shall deliver or offer to deliver the same to the buyer; provided, however, that any delivery made on the day of sale after the exposure of the said fish or sea foods to the wholesalers or retailers shall be construed as equivalent at the time of the sale. BION 2• That it shall be unlawful for any person to operate, maintain, sell or engage in the business of wholesale or retail distribution of, offer for sale or exchange, any fish or sea foods in the City of Fort Worth without hav- ing a fixed and established place of business; provided, however, that this sec— tion shall not apply to a "wholesale fish trucker" as defined in this ordinanos. r SECTION 3. That every person, before opening such establishment, maintaining, or operating a place of business for the wholesale or retail distribution of any fish or sea foods, shall make application in writing for each establishment to be so maintained or operated by the applicant upon a blank furnished by the Director of the Department of public Health and Welfare of the City of Fort Worth• SECTION 4. Application for such permit under the terms of this ordinance shall contain the following information, to wit: Name and address of applicant; the number of establishments to be maintained and operated; whether wholesale or retail; the name of the estab- lisbment or establishments under which same shall be operated; the number of employees in or about said establishments; and any other reasonable information requested by the Director of Public Health and Welfare of the City of Fort Worth. Each and every application shall be sworn to before an officer of the State authorized to administer oaths, and officially certified to by such of� (icer under or over his seal of office, After filing of application for a permit, it shall be the duty of the Director of the Department of Public Health and Welfare to cause an inspection of the premises in and upon which the applicant or owner desires to conduct his wholesale or retail fish and sea food business. No permit shall be issued unless the building or buildings in which such business is to be conducted, maintained or operated meets with the re- quirements of all ordinances of the City of Fort Worth and the statutes of the State of Texas pertaining to sanitation, sanitary employees and pure foods, or if such establishment or business is not being maintained or operated in ao- cordance with all ordinances of the City of Fort Worth and the statutes of the State of Texas pertaining to sanitation, sanitary employees and pure foods; prop vided that upon compliance with the terms of. this ordinance and all other regu- lations of the Department of Public Health and Welfare of the City of Fbrt Worth or the State of Texas by the owner of said business and/or establishments or establishment, the Director of the Department of Public Health and Welfare of the City of Fort Worth shall issue a permit, either wholesale or retail or com- bination. A separate application in writing and a separate fee for each estab- lishment to be maintained or operated under the terms of the ordinance shall be demanded for such permit. SECTION 5. There shall be three (3) classes of permits issued by the Department of public Health and Welfare of the City of Fort Worth, to wit: The Director of the Department of Public Health and Welfare of the City of Fbrt Worth shall upon application, as provided herein, issue to perms son or persons what shall be known as a fish wholesalers permit, upon the pay- ment by said person to the Director of the Department of public Health and Wel- fare of a permit fee of Fifteen Dollars ($15.00), payable in cash and in ad- vance, and accompanied by an affidavit by the person or persona desiring said permit that he will maintain and operate a fixed place for each place of busi- ness located in the City of Fort Worth, provided that under the terms of said permit the said person or persons shall not be allowed to peddle from store to store and from house to house, but his sales must be made directly, either by delivery upon a previously executed order or directly from his place of business;, provided, however, that nothing in this section shall prohibit any person from making delivery to any retail store within the corporate limits of the City of Fort Worth, provided said deliveries are made in pursuance to a previous order from said merchants or retail establishment. The Director of the Department of Public Health and Welfare of the City of Fort North shall# upon proper application as provided herein, issue to any person or persons what shall be known as a fish retailers permit, upon the payment by the said person to the Director of the Department of Public Health and Welfare of a permit fee of Five Dollars (#5.00), payable in cash and in ad- vance, excepting persons who otherwise pay a food establishment permit of Five Dollars (;;5.00), as set out in Article IX, Section 3 of Ordinance No. 1271, and accompanied by affidavit that the person or persons desiring said permit will maintain and operate a fixed and definite place for e4ch place of business in the City of Bbrt Worth; provided that under the terms of said permit the person or persons shall nQt be allowed to peddle from store to store and from house to house or upon the streets within the corporate limits of the City of Fort Worth, but his sales shall and must be made directly, either by delivery upon a previous order or directly from his place of business. The Director of the Department of Public Health and .;elfars of the City of Fort Worth shall, upon proper application, issue what shall be known as a wholesale fish trucker's permit, upon the payment by the said person to the Director of the Department of Public Health and Pelfare of a permit fee of Fif- teen Dollars (615.00), payable in cash and in advance; provided that under the terms of said permit the said person or persons ®hall be prohibited from sell- ing from store to store and from house to house, but shall only permit the de- livery of fish and sea foods upon previously executed written orders in load lots only, unless barrelled or otherwise packaged when removed or transferred from said vehicle, and shall only permit sale or delivery to retail or wholesale mer- chants holding fish and sea food permits from the City of Fort Warth; and pro- vided further that any such permits issued shall be attached to a plate, and said plate shall be prominently displayed on the left-hand side of said vehicle, and in the event this plate is transferred from any such vehicle to another, no- tice must be given to the Director of the Department of Publid Health and Wel- fare of the City of Fbrt Worth, and no more than one truck or other vehicle may operate under and/or by virtue of such wholesale fish trucker's permit, and should the wholesale fish trucker decide to sell from more than one truck or vehicle he shall and must pay an additional Five Dollars (,j;;.00) for each truck, automobile` carriage or other vehicle so operated; provided, further, that any person holding a fish trucker's permit shall on date of delivery present said truck or trucks to the Department of Public Health and Welfare for inspection, both as to truck and fish or sea foods, before any delivery is made. Where such an establishment is a combination wholesale and retail business, a separate permit shall be obtained for each. SEC`T'ION 6• It shall be unlawful for any person to sell or offer for sale within the corporate limits of the City of Port Worth any fish or sea foods taken from waters under the jurisdiction of the State of Texas without having first obtained whatever permit as may be required by the laws of the State of Texas or the regulations of the Texas State Department of Health; and if such fish or sea foods be taken from waters under the Jurisdiction of any other state, it shall be unlawful for any person to sell or offer for sale such sea foods without having first obtained whatever permit as may be required by the laws of such other state or by any regulations of the health authorities of such other state or of the United States Health Service• SECTION 7. It shall be the duty of the Director of the Department of public Health and Welfare of the City of Port Worth to inspect the establishment or establish- ments from time to time regulated by this ordinance after said health permit has been granted and as often as may be deemed necessary for the proper regu- lation of such establishments within and under the terms of this ordinance. SECTION 8. It shall be unlawful for any person to adulterate oysters within and under the terms of this ordinance by adding ice or water for the purpose of in- creasing the quantity of such oysters. SECTION 9. All persons now engaged in the business coming within and under the pro- visions of this ordinance shall have thirty (30) days from and after the pas- sage of this ordinance within which to comply with the provisions hereof. SyCTION 10. The permit provided in this ordinance shall be for the period of the fiscal year of the City of Fort north, provided that if less than six (6) months is left in said fiscal year at time permit is issued, the fee shall be Two Dollars and Fifty Cents ($2.50), unless revoked for cause. SECTION ll. It shall be unlawful to sell in the City of Fort Worth any fish or sea foods unless same have been from the time of shipment to the time of sale refrigerated to thirty eight degrees Fahrenheit or less. SECTION 12. That any person who shall violate any of the provisions of this ordi- nance shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than Two Hundred Dollars (4200*00), and each day's violation shall constitute a separate offense. It is further provided that should the holder of any of said permits provided for in this ordinance be convicted upon more than one occasion for a violation of any of the provisions hereof, said permit may be revoked by the City Council of the City of Fort Worth* SECTION 13* Should any section, provision or part of this ordinance be declared to be unconstitutional and void by a court of competent jurisdiction, such de- vision shall in no way affect the validity of any of the remaining parts of this ordinance, unless the part held unconstitutional or void in inseparable from and indispensable to the operation of the remaining parts. The City Coun- oil hereby declares that it would have passed those parts of this ordinance which are valid and omitted any parts which may be unconstitutional if it had known that such parts were unconstitutional at the time of the passage of this ordinance. SECTION 146 This ordinance shall not be construed to repeal generally any of the health, sanitary or food ordinances of the City of Fort North, but shall be cumulative thereof, but repeals all ordinances or parts of ordinances in con- flict herewith* SECTION 156 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 FOM: City Attorney