HomeMy WebLinkAboutOrdinance 12553sra
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ORDINANCE NO.
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AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH
(1986), AS AMENDED, BY THE REPEAL OF THE FOLLOWING
PROVISIONS OF CHAPTER 16, "HEALTH AND SANITATION:"
ARTICLE IV, "FOOD AND FOOD ESTABLISHMENTS GENERALLY,"
ARTICLE V, "FROZEN DESSERTS," ARTICLE VI, "MEAT AND MEAT
PRODUCTS," ARTICLE VII, "MILK AND MILK PRODUCTS," ARTICLE
VIII, "POULTRY PROCESSING," AND ARTICLE XIV, "PERMITS FOR
CERTAIN BUSINESSES, OCCUPATIONS AND VOCATIONS." AND
FURTHER AMENDING THE CODE OF THE CITY OF FORT WORTH
(1986), AS AMENDED, BY THE ADOPTION OF A NEW CHAPTER 16,
ARTICLE IV, "FOOD ESTABLISHMENTS;" PROVIDING DEFINITIONS;
PROVIDING INSPECTION AUTHORITY; PROVIDING FOR FOOD
ESTABLISHMENT PERMITS AND PLANS REVIEW; PROVIDING
SANITARY STANDARDS FOR FOOD ESTABLISHMENTS; PROVIDING
REQUIREMENTS FOR SPECIFIC FOOD ESTABLISHMENTS; PROVIDING
FOR CERTIFICATION OF FOOD MANAGERS AND FOOD HANDLERS; AND
PROVIDING FOR ENFORCEMENT OPTIONS AND DEFINING NUISANCES;
AND FURTHER AMENDING THE CODE OF THE CITY OF FORT WORTH
(1986), AS AMENDED, BY THE ADOPTION OF A NEW CHAPTER 16,
ARTICLE XIV, "MISCELLANEOUS PERMITS;" PROVIDING
DEFINITIONS; PROVIDING A HEALTH PERMIT AND PLANS REVIEW
FOR CERTAIN BUSINESSES; PROVIDING THAT THIS ORDINANCE IS
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
FINE OF UP TO $2,000.00 FOR EACH OFFENSE IN VIOLATION OF
THE ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT
THIS ORDINANCE MAY BE PUBLISHED IN PAMPHLET FORM;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF
THE CITY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE MUNICIPALITY OF
FORT WORTH, TEXAS, AS FOLLOWS:
SECTION 1.
That the Code of the City of Fort Worth (1986), as amended, is
amended by the repeal of the following provisions of Chapter 16,
"Health and Sanitation": Article IV, "Food and Food Establishments
Generally," Article V, "Frozen Desserts," Article VI, "Meat and
Meat Products," Article VII, "Milk and Milk Products," Article
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VIII, "Poultry Processing," and Article XIV, "Permits for Certain
Businesses, Occupations and Vocations."
Further, the Code of the City of .Fort Worth (1986), as
amended, is amended by the amendment of Chapter 16, "Health and
Sanitation," by the adoption of a new Article IV, "Food
Establishments," so that hereafter said Article shall read as
follows:
ARTICLE IV. FOOD ESTABLISHMENTS
DIVISION 1. GENERAL PROVISIONS
Section 16-101. Definitions.
Unless a provision explicitly states otherwise, the
following terms and phrases, as used in this Article,
shall have the meanings hereinafter designated. If a
word or term used in this Article is not contained in the
following list, it shall have the definition provided for
such word or term in 25 Texas Administrative Code, §~
229.161 et seq, "Rules on Food Service Sanitation, " or 25
Texas Administrative Code, ~~ 229.231 et seq, "Rules on
Retail Food Store Sanitation."
Bed and breakfast home means a property with a
structure(s) existing on December 21, 1993, designed for
and occupied as a single-family residence providing
overnight accommodations to transient guests. The
structure(s) serves as the primary residence or homestead
of its owner-operator, with the bed and breakfast home
considered to be an accessory use under the City Zoning
Code, and not the primary use of the property. The
person who owns the property must also be the operator of
the establishment.
Beverage means soft drinks, coffee, tea, water, citric
acid beverages, or commercially packaged beverages.
Certified food manager means any person who has attended
a Certified Food Manager's class approved by the Texas
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Department of Heal-th and who possesses a current Fort
Worth food manager's certificate.
Change of ownership means a change of owner or operator
of a food establishment business, and does not refer to
a change of owner of the building where the business is
located.
Commissary means a fixed food service establishment
permitted and regularly inspected by the Director.
Director means the Director of the Health Department and
the Director's authorized representatives.
Employee means any person manufacturing, packaging,
producing, processing, storing, selling, offering for
sale, vending, preparing, serving, or handling any food
in a food establishment.
Extensive remodeling means any type of construction of
facilities and/or replacement of equipment of an
establishment permitted by the Consumer Health Division
which:
(a) results in a final job cost of $10,000 or more; and
(b) results in a significant modification of the
operation or facilities of the establishment; and
(c) requires a building permit from the Department of
Development of the City of Fort Worth.
Farmer's market means an outdoor, open air operation of
more than fourteen (14) days but less than one hundred
eighty (180) days vending unprocessed fresh fruits,
vegetables or other produce.
Food means 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
consumption.
Food establishment means any place where food is
manufactured, packaged, produced, processed, transported,
stored, sold, commercially prepared, vended, or otherwise
handled. The term includes any such place regardless of
the duration of the permit or whether there is a charge
for the food. The term does not include private homes
where food is prepared or served for guests and
individual family consumption.
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Food handler means any person who prepares, serves,
packages or handles open food or drink, or who handles
clean utensils, pots, pans or single-service items.
Food operations means manufacturing, packaging,
producing, processing, transporting, storing, selling,
commercially preparing, or otherwise handling food, ice
or drinks, whether offered for sale, given in exchange or
given away for use as food or offered for human
consumption.
Health Department means the Fort Worth Health Department.
Mobile food unit means .a vehicle-mounted food service
operation designed to be readily movable.
Non-potentially hazardous food means all food that is not
potentially hazardous food. The following list is
exemplary of such food and shall not be construed to be
exclusive of any other non-potentially hazardous food:
(a) popcorn;
(b) shelled, unshelled, raw or roasted nuts; and
(c) pretzels.
Non-profit facility means:
(a) All government entities and political subdivisions
and public school districts.
(b) Organizations chartered under the Texas Non-Profit
Corporation Act.
(c) Operations exempted by IRS Form 501c.
Potentially hazardous food means a food that is natural
or synthetic and is in a form capable of supporting the
rapid and progressive growth of infectious or toxigenic
microorganisms or the growth and toxin production of
Clostridium botulinum. Potentially hazardous foods
include an animal food (a food of animal origin) that is
raw or heat-treated or a food of plant origin that is
heat-treated or consists of raw seed sprouts, cut melons,
or garlic and oil mixtures.
Pushcart means a mobile food unit powered by human beings
only. It shall not include a fixed or mobile unit solely
intended for use as a mobile bar, accessory drink stand,
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or part of a service area or buffet line, if it is part
of or an extension of a fixed food or beverage facility
operating under a food service establishment permit and
it is located on the permitted premises.
Risk analysis means an analysis using commonly known
public health risks to determine the degree of hazard a
food establishment poses to the public.
Sanitizer means any chlorine, iodine, quaternary ammonium
compound or other chemical sanitizing agent used at
temperatures, pHs and concentrations in accordance with
the EPA-approved manufacturer's use label and approved by
the Texas Board of Health.
Servicing area means a designated area provided for the
supplying, cleaning or servicing of mobile units.
Single-service articles means cups, containers, lids,
closures, plates, knives, forks, spoons, stirrers,
paddles, straws, napkins, wrapping materials, toothpicks,
and similar articles intended for one-time, one-person
use and then discarded.
Temporary food service establishment means a food
establishment that operates at a fixed location for not
more than fourteen (14) consecutive days in conjunction
with a single event or celebration.
Utensil means any implement used in the storage,
preparation, transportation, or service of food.
Wholesale fish trucker means a person who, at other than
a definite and fixed place of business, sells or offers
to sell or exchange fish or seafood to dealers or
retailers, and at the time of such sale or offer to sell,
delivers or offers to deliver the fish or seafood to the
buyer.
Section 16-102. Purpose.
The purpose of this Article is the protection of the
public health of the citizens and visitors of Fort Worth
by establishing minimum standards of sanitation for food
establishments and mobile food units.
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Section 16-103. Administration.
The Director of the Health Department and the Director's
authorized representatives are authorized to administer,
implement, and enforce the provisions of this Article and
the provisions of the Texas Health and Safety Code and
the rules of the Texas Board of Health relating to food,
and to issue orders requiring compliance with same.
Section 16-104. Inspections.
(a) The Director may enter premises or vehicles
regulated by this Article at all reasonable times,
whenever it is necessary to make an inspection to
enforce any of the provisions of this Article or
other laws regulating food, to inspect permits,
certificates, and other records required by this
Article and state and federal laws regulating food,
to collect samples of food and other substances as
may be necessary for the detection of
unwholesomeness or adulteration, or whenever
probable cause exists to believe that a violation
of this Article or other laws regulating food
exists thereon.
(b) The Director shall first present credentials and
demand entry if the premises are occupied. If the
premises are unoccupied, the Director shall first
make a reasonable attempt to locate the owner,
operator or other person in control of the premises
and demand entry.
(c) If entry is denied or if a person in control cannot
be located, the Director shall have every recourse
provided by law to secure entry, including
obtaining a search warrant under the guidelines of
the Texas Code of Criminal Procedure.
Section 16-105. Risk Analysis.
The Director may through risk analysis determine the risk
of every food establishment not exempt from this Article.
Based on the results of the risk analysis, the Director
may:
(a) Determine the minimum inspection frequency of an
establishment; and
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(b) Require high risk establishments to provide the
Health Department with a Hazard Analysis Critical
Control Point (HACCPj plan. The Director may
conduct a HACCP inspection of any high risk
establishment.
[Sections 16-106 through 16-110 reserved for expansion.]
DIVISION 2. PERMITS AND PLANS REVIEW.
Section 16-111. Food Establishment Permits - General
Requirements.
(aj No person shall operate a food establishment
without a current, valid food establishment permit
issued by the Health Department.
(b) A separate permit shall be required for every food
establishment with separate and distinct facilities
and operations, whether situated in the same
building or at separate locations. Separate and
distinct lounge operations within a food
establishment that are in addition to food
operations require a separate permit. Multiple
lounges on the same floor in the same building and
under the same liquor license will not require a
separate permit.
(c) Permits issued under the provisions of this Article
are not transferable. A permit shall be valid for
the period of time shown on the face of the permit,
unless earlier suspended or revoked by the
Director.
(d) The application for a new or a renewed permit shall
be made on an application form prescribed by the
Director.
(1) At a minimum the application shall require the
applicant's name, type of business
organization, the name and address of the
owner or principal officer of the business,
the nature of the business, the location of
the business, and such other information as
the Director deems necessary.
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(2) Applications for permits for mobile food units
or temporary event establishments which
operate from a fixed food facility located
outside of the City of Fort Worth shall
include a copy of the facility's current,
valid, permit {state or local) and the most
recent facility inspection report (state or
local).
(e) The Health Department may not renew an expired or
expiring permit until the owner or operator of the
food establishment provides proof of compliance
with current minimum Health Department
requirements.
(f) The owner or operator of a food establishment shall
post and maintain the current permit in a
conspicuous public place in the establishment for
which the permit was issued.
(g) Upon change of ownership of a business, the new
owner shall be required to meet current food
establishment standards as defined in this Code and
state law before a permit will be issued by the
Health Department.
(h) The following types of establishments are exempt
from the requirements of this Article.:
(1) Group homes;
(2) Establishments selling only commercially
packaged, non-potentially hazardous foods;
(3) Vending machines;
(4) Facilities operated by non-profit
organizations for their members, families, and
invited guests. Facilities are not exempt
when food service is provided in conjunction
with a child care facility, retirement center,
hospital, school, indigent feeding program or
public fund-raising events; and
(5) Private schools that do not have a kitchen.
(i) Criminal offenses.
(1j A person commits an offense if the person
knowingly owns, operates, or is in control of
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a food establishment that is operating without
a valid food permit.
(2) A person commits an offense if the person owns
or operates a food establishment and knowingly
fails to post and maintain a permit in
accordance with subsection (f).
Section 16-112. Classification of Permits.
Food establishment permits shall be classified according to
the duration of operation and location of such operation.
(a) The duration of a permit shall fall within one of
three categories, either annual, temporary, or
seasonal, as follows:
(1) Annual - an establishment that operates
throughout the year.
(2) Temporary - an establishment that operates
fourteen (14) consecutive days or fewer, in
conjunction with a special event.
(3) Seasonal - an establishment that operates more
than fourteen consecutive days but less than
one hundred eighty (180) days each year, and
not associated with a special event.
(b) The location classification of a germit shall fall
within one of two categories, either fixed or
mobile, as follows:
(1) Fixed food establishments:
A. Food service establishment - restaurants,
cafeterias, snack bars, bakeries, snow
cone stands, caterer's commissaries,
private school cafeterias, halfway house
food services, hospital kitchens/
cafeterias, institutional food services,
etc., where food is prepared and served;
B. Retail food stores handling prepackaged,
potentially hazardous foods;
C. Retail food stores handling, processing
or selling open foods;
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D. Food warehouses/wholesalers;
E. Farmer's markets/produce stands;
F. Bars/lounges; and
G. Bed and breakfast establishments.
(2) Mobile food units:
A. Retail food unit handling prepackaged
food;
B. Retail food unit (including trailers,
mobile barbecues, snow cone units, etc.)
handling, processing or selling open
food. A separate permit is required for
each different type of mobile unit owned
or operated by an individual or company;
C. Mobile produce unit;
D. Mobile units delivering or selling meat,
poultry, fish, sea foods or shellfish
(except retail grocery delivery trucks
and units that are otherwise prohibited
by this Article). Except for wholesale
fish truckers, any person who operates,
sells, or engages in the distribution of
any meat, poultry, fish, sea foods, or
shellfish in the City shall operate from
a fixed and permitted place of
businesses. Roadside vending of meat,
poultry, fish, sea foods, or shellfish
shall not be permitted in the City of
Fort Worth;
E. Pushcarts; and
F. Catering units.
Section 16-113. Permit Denial, Suspension, and
Revocation.
(a) The Director may deny a permit, or after notice and
hearing suspend or revoke a permit for failure to
comply with the requirements of this Article or any
state law adopted by this Article.
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(b) Notice of a permit denial shall be served upon the
owner or operator of the food establishment either
in person or by certified mail, return receipt
requested, at the mailing address specified in the
permit application. Notice of a hearing to suspend
or revoke a license shall be sent in accordance
with Section 15-150 of this Article.
(1) all food
establishment
requirements
food handler;
handlers employed by the
to satisfy the training
for initial certification as a
and
(2) all managerial and supervisory personnel
employed at such location to satisfy the
training requirements for initial
certification as a food manager.
(c) When the Director revokes or suspends a food
establishment permit, the Director may require:
Section 16-114. Submission and Review of Plans.
(a) When a food establishment is newly constructed or
extensively remodeled, when a food establishment
has a change of ownership, or when an existing
structure is converted to use as a food
establishment, properly prepared plans and
specifications for such construction, remodeling,
or conversion shall be submitted to the Department
of Development for review and approval before
construction, remodeling or conversion is begun.
(b) The plans and specifications shall indicate the
proposed layout, arrangement, mechanical plans,
types of construction materials in work areas and
the type and model of proposed fixed equipment to
be installed. The Director of Development shall
give the Health Department the opportunity to
review and approve the plans and specifications to
determine if they meet the requirements of this
Article. No food establishment shall be
constructed, extensively remodeled or converted
except in accordance with plans and specifications
approved by the Health Department. Food facility
owners/operators shall ensure during plans review,
construction, and operation that their facilities
comply with all applicable City P~.umbing,
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Mechanical, Electrical, Building, Zoning, and Fire
Prevention and Protection Codes.
(c) The Director shall inspect the food
prior to the start of operations
compliance with the approved
specifications, the requirements of
and the regulations of the Texas
Health.
Section 16-115. Fees.
establishment
to determine
plans and
this Article
Department of
The City Council shall adopt schedules of fees for food
establishment permits, plans review, change of ownership,
and pre-permit requests for services: The Health
Department may not issue a permit or conduct a plans
review until all requisite fees have been paid.
Section 16-116. Pre-permit Requests for Services.
Health Department staff
to determine whether
development as a food
shall pay the Health
evaluation fee, at a
Council.
members may respond to requests
a property is suitable for
service facility. The requester
Department a pre-permit site
rate established by the City
[Sections 16-117 through 16-120 reserved for expansion.]
DIVISION 3. REGULATION OF SANITATION
Section 16-121. State Laws Adopted.
(a) The following statutes, in their current form and
as they may hereafter be amended, are adopted and
incorporated into this Article as if they were set
forth at length herein:
(1) The "Texas Food, Drug and Cosmetic Act," Texas
Health and Safety Code, Chapter 431.
(2) The "Minimum Standards of Sanitation and
Health Protection Measures," Texas Health and
Safety Code, Chapter 341.
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(b) The following regulations adopted by the Texas
Board of Health, in their current form and as they
may hereafter be amended, are adopted and
incorporated into this Article as if they were set
forth at length herein. If there is a conflict
between a rule and any section of this Article, the
more restrictive provision shall apply.
(1) The "Sanitary Rules for Food and Drug
Establishments," 25 Texas Administrative Code,
~~ 229.41, et seq.
(2) The rules for "Food Service Sanitation," 25
Texas Administrative Code, ~~ 229.161, et seq.
(3) The rules for "Retail Food Store Sanitation,"
25 Texas Administrative Code, ~~ 229.231 et
seq.
(c) The Director will assure that a current copy of
each rules manual will be kept on file in the
Office of the City Secretary.
(d) A person commits an offense if the person violates
a rule adopted pursuant to subsection (b).
Section 16-122. Equipment and Sanitary Facilities.
(a) Only commercial quality equipment or utensils that
meet or exceed National Sanitation Foundation (NSF)
standards or their equivalent will be approved.
Auxiliary equipment such as water heaters, remote
connected refrigerator compressors, and air
conditioners shall be located outside food
preparation areas.
(b) Plumbing; grease traps - Grease traps should be
located outdoors. If they are located indoors, the
top of the trap shall be flush with the floor,
except when located above another floor. When
installed above floor level, grease traps shall be
sealed to the floor. Grease traps shall be easily
accessible for cleaning and shall comply with the
City's Plumbing Code and Environment Code.
(c) Lavatory installation - Lavatories shall be at
least the number required by law, installed
according to law, and located to permit convenient
use by all employees in food preparation and
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utensil washing areas. Lavatories located in food
preparation and utensil washing areas shall be
equipped with hot and cold water under pressure and
metered by a mixing valve activated by either hand,
wrist, elbow, foot, knee, or electronic controls.
Lavatories shall be accessible to employees at all
times. Lavatories shall also be located in or
immediately adjacent to toilet rooms or vestibules.
Hand washing lavatories shall be used only for hand
washing.
(dj Lavatory facilities and supplies - Hand cleansing
soap or detergent in a sanitary dispenser shall be
available at each lavatory. A dispenser containing
sanitary disposable towels or a hot air hand drying
device shall be conveniently located near each
lavatory. If sanitary disposable towels are used,
easily cleanable waste receptacles shall be
conveniently located near the hand washing
facilities. Common towels are prohibited.
(e) Cleaning facilities - Establishments that are
required to undergo plans review or which have a
change of ownership shall have at least one utility
sink or curbed cleaning facility equipped with a
floor drain and supplied with hot and cold water by
means of a mixing valve. The water supply shall be
protected by a backflow prevention device installed
in compliance with the Plumbing Code and the
Environment Code. The cleaning facility shall be
used for cleaning mops or similar wet floor
cleaning tools and for the disposal of mop water
and similar liquid wastes. The use of lavatories,
utensil or equipment washing sinks, or food
preparation sinks for this purpose is prohibited.
(f) A person commits an offense if the person owns or
operates a food establishment that is in violation
of any provision of this Section.
Section 16-123. Meat, Poultry and Fish.
(a) A person commits an offense if the person
slaughters or causes to be slaughtered any animal
.intended for consumption by the person or the
person's household, nonpaying guests, or employees.
(b ) A person commits an offense if the person. erects,
maintains, or uses any structure, enclosure, or
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other place as a slaughter house for the purpose of
slaughtering animals intended for human
consumption.
(c) Exception:
In a prosecution of subsection (a) or (b), it is an
exception that the slaughter was performed on
nonresidential premises which had at the time of
the slaughter a current, valid permit issued by the
United States Department of Agriculture or the
Texas Department of Health to slaughter animals for
human consumption.
(d) Exeeption•
Fish and other seafood products that are intended
for human consumption are exempt from subsections
(a) and (b).
(e) Meat, poultry, fish and seafood shall not be
refrigerated on undrained ice.
(f ) From the time it is shipped until the time it is
sold, fish and seafood intended for human
consumption shall be refrigerated to a temperature
of 34 °F or less.
(g) The processing and packaging of meat or poultry
shall be conducted in a refrigerated room:
(1) where the temperature is kept at 50 °F or
less; or
(2) which, along with processing equipment,
undergoes a mid-shift cleanup after four (4)
hours of operation.
(h) A person commits an offense if the person owns or
operates a food establishment that is in violation
of subsection (e), (f), or (g) of this Section.
Section 16-124. Miscellaneous Food Protection
Requirements.
(a) No person shall sell or offer for sale any
food which has exceeded its date of
expiration, unless the food has been separated
from other in-date food and marked as expired.
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(b) No person shall sell at retail any unpasteurized
milk or unpasteurized milk product.
(c) In a prosecution of subsection (b), it is an
affirmative defense that the Director authorized
the person to sell unpasteurized milk with the
approval of the Texas Department of Health during a
time of public calamity in the city.
(d) No person shall process wild game in a food
operations area where meat, fish or poultry is
processed, unless approved by the Texas Department
of Health.
(e) The Director is authorized to detain suspected
contaminated, adulterated, or otherwise unwholesome
food.
(1) The sale of such food shall be prohibited
until the vendor has furnished proof of the
wholesomeness of the food product to the
Director.
(2) The vendor may voluntarily discard the
suspected food with the authorization of the
Director.
(f) No person shall offer for sale, or give away or
dispose of any food for human consumption
pronounced by the Director to be unfit for human
consumption.
(g) Accumulation of garbage or other wastes within,
under or around any building or room used as a food
establishment shall be prohibited. All garbage
shall be removed from the premises as often as
necessary to prevent overflow or odor.
(h) A person commits an offense if the person owns or
operates a food establishment that is in violation
of any provision of this Section.
[Sections 16-125 through 16-130 reserved for expansion.]
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DIVISION 4. REQUIREMENTS FOR CERTAIN ESTABLISHMENTS.
Section 16-131. Mobile Food Units.
(a) The mobile food unit permit sticker for a mobile
food unit shall be displayed on the upper left rear
area of the vehicle in a conspicuous location. if
such location is not practicable, the permit shall
be located in a location approved by the Director.
(b) Mobile barbecue trailers - Mobile barbecue trailer
cooking surfaces shall be tightly enclosed and
constructed in such a way as to protect all food
contact surfaces from possible contamination both
i.n transit and during use. Mobile barbecue
trailers shall be used in conjunction with an
approved and permitted commissary and mobile food
unit.
{c) Commissary - All mobile food units handling open
potentially hazardous foods, catering units and
pushcarts shall operate from a commissary, or other
fixed food service establishment that is regularly
inspected by a regulatory health agency.
(d) Servicing area - All mobile food units handling
open foods, catering units, and pushcarts shall
have a servicing area which shall have overhead
protection, a location(s) for draining and flushing
.liquid wastes, and a location(s) for the loading
and unloading of food and related supplies.
(e) Servicing area operation:
(1) All liquid waste containers shall be
thoroughly flushed and drained daily during
servicing operations.
(2) Flushing and draining activities shall be
conducted in the servicing area. No .flushing
or draining of liquid waste shall be permitted
on public streets or in any area other than
the servicing area.
(f) Waste retention:
(1) All liquid waste shall be stored in a
retention tank that shall have a minimum
capacity of 7.5 gallons or that is at least 15
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percent larger in capacity than the fresh
water supply tank, whichever is greater.
(2) Solid waste shall be contained in an easily
cleanable, self-closing, lidded trash
receptacle which shall be kept on or near the
mobile unit at all times.
(g) Water system - All mobile food units handling open
potentially hazardous foods shall provide not less
than fifteen (15) gallons of water under pressure
(including gravity flow) at all times for use in
utensil cleaning, sanitizing and hand washing. A
single water inlet shall be located so as not to be
contaminated by waste discharge. Such inlet shall
be capped at all times except when being filled,
and shall contain only potable water. Connection
or direct hook-up to water sources other than those
on the mobile unit are prohibited unless approved
by the Director.
(h) Temporary events - Mobile food units and caterers
may operate at temporary events by possessing a
valid mobile food unit permit or by obtaining a
temporary food establishment permit and meeting the
requirements of a temporary food service
establishment as described in this Article.
(i. ) The owner or operator of a mobile food unit commits
an offense if the mobile food unit is operated in
violation of any provision of this Section.
Section 16-132. Requirements for Pushcarts.
(a) All pushcarts vending food which begin operating in
Fort Worth after the adoption of this Article shall
comply with the requirements of this Article except
as otherwise provided in this Section. The
Director may prohibit the sale of some or all
potentially hazardous food from pushcarts. Non-
food items shall not be sold from pushcarts selling
food. Pushcarts shall comply with all applicable
requirements for pushcarts stipulated in Chapter
20, Article IV, Division 2 of the City Code.
(b) All food establishment pushcarts and their
commissaries shall be inspected by the Director
prior to the issuance of a permit.
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K;
(c) In the interest of public health and safety, all
food establishment pushcart permits for pushcarts
operating within the downtown area shall be issued
for a specific location. Vendors shall locate in
compliance with the specified location so that the
Director may conduct inspections for compliance
with this Article and investigate reports of
unsanitary conditions or foodborne illnesses.
(d) Acceptance of a pushcart permit is an express
acknowledgment and consent to the terms and
restrictions for the permit set by the Director.
(e) All pushcarts shall meet minimum health and safety
standards as prescribed by the Director, including
at a minimum the following:
(1) Each pushcart vending open food shall have a
conveniently accessible supply of paper
towels, soap and, detergent.
(2) Pushcarts shall provide only single service
articles for use by consumers.
(3) Separate space shall be set aside from areas
where food is served or prepared for non-food
related items which are displayed on
pushcarts.
(4) Each pushcart shall have a stainless steel
hand wash lavatory and a stainless steel sink
with a minimum of two (2) compartments when
utensil washing is required on the pushcart.
Both will have adequate amounts of hot and
cold water under pressure. Each pushcart
shall also have adequate drainboard space.
This part (4) does not apply to pushcarts
vending only prepackaged food products.
(5) Each pushcart shall provide and have available
for the public a fly-proof, lidded trash
container for the disposal of refuse. Such
trash container may be either on the pushcart
or located conveniently nearby.
(6) Each pushcart employing butane or propane
tanks shall comply with any and all applicable
Fire Department regulations. Ground fault
interrupters may be required by the Fire
Department as a safety feature to prevent
- 19 -
electrical shock. Each pushcart shall be
equipped with an approved fire extinguisher
with a 2A lOBC rating.
(f) Pushcarts which stock and sell only non-potentially
hazardous food shall be operated in accordance with
the following requirements:
(1) When the pushcart is operated outside, a
cleanable canopy shall extend over the
pushcart and cover its top surface.
(2) Food shall be stored, displayed and served in
a fly and rbdent-proof manner. Foods shall be
protected by a properly installed sneeze guard
shield.
(3) All food and condiments shall be dispensed in
a sanitary manner.
(4) Bulk food items shall be properly labeled and
dispensed through sanitary devices or with
utensils.
(5) Canned or bottled beverages where no ice is
consumed by the purchaser, commercially
packaged non-potentially hazardous single
portion snack items, and commercially wrapped
candy shall be excluded from the requirements
of this subsection.
(g) Pushcarts which stock and sell potentially
hazardous food shall be operated in accordance with
the following requirements:
(1) When the pushcart is operated outside, a
cleanable canopy shall extend over the
pushcart and cover its top surface.
(2) Potentially hazardous foods must be stored,
displayed and served in a fly and rodent-proof
manner. Properly installed sneeze guard
shields shall be used during food preparation.
Scooped ice cream sellers shall have a running
water dipper well.
(3) All food and condiments shall be dispensed in
a sanitary manner.
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(4) Pushcart operators and their staff shall not
cook on or adjacent to a pushcart unless such
activity is in conjunction with another
facility permitted and inspected by the
Director.
(5) Each compartment or area used for storage,
display or service of potentially hazardous
food shall be maintained at proper
temperatures for the food item stored therein.
Hot foods shall be kept at 140°F or above;
cold foods shall be kept at 41°F or below; and
frozen foods shall be maintained frozen.
Metal stem thermometers shall be available and
break-resistant thermometers shall be
conspicuously located in each of the above
applicable areas.
(6) Bulk food items shall be properly labeled and
dispensed through sanitary devices or with
utensils.
(h) The owner or operator of a pushcart unit commits an
offense if the pushcart is operated in violation of
any provision of this Section.
Section 16-133. Catering Services.
(a) A person operating a catering service shall be
affiliated with a fixed food establishment that is
permitted by the health department having
jurisdiction over the area where the facility is
located.
(b) A catering service shall serve only food that
requires limited additional preparation at the
service site. unless approved by the Director.
(c) The owner or operator of a catering service commits
an offense if the catering service is operated in
violation of this Section.
Section 16-134. Bed and Breakfast Homes.
The Texas Department of Health "Rules on Food Service
Sanitation" shall apply to bed and breakfast homes with
the following exceptions:
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(a) Pets may be present on the premises, but shall be
excluded from food preparation and dining areas at
all times.
(b) Laundry facilities installed in accordance with
manufacturer's instructions may be present in the
residential kitchen.
(c) Potentially hazardous foods shall be cooked and
served only for immediate consumption and only for
registered, overnight house guests, or guests at
private breakfasts, luncheons, dinners, or
receptions. The following food handling practices
shall be prohibited:
(1) cooling and reheating food prior to service.
(2) hot holding of food for more than two hours.
(3) service of leftover food.
(d) A three compartment sink shall be provided and used
for manual cleaning and sanitizing of cooking
equipment, utensils and tableware. The Director
may allow the use of a portable dish tub, in lieu of
a third compartment if no health hazards will
result.
(e) A domestic or home-style dishwasher may be used if
the following criteria are met:
(1) The dishwasher must effectively remove
physical soil from all surfaces of dishes.
(2) The dishwasher must sanitize dishes by the
application of sufficient accumulative heat.
(3) The operator shall provide and use daily a
maximum registering thermometer or a thermal
label to determine that the final rinse or
drying cycle raises the surface temperature to
a minimum of 160 °F.
(4) The dishwasher must be installed and operated
according to manufacturer's instructions for
the highest level of sanitization possible
when sanitizing residential kitchen utensils
and tableware; a copy of the instructions must
be available on the premises at all times.
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(f) The owner or operator of a bed and breakfast home
commits an offense if the bed and breakfast home is
operated in violation of any provision of this
Section.
Section 16-135. Farmer's Markets.
(a) No person shall vend fresh fruits, vegetables, or
other produce or operate a farmer's market without
a valid food establishment permit issued by the
Health Department.
(b) Farmer's markets shall be located only on properly
zoned private property. An active business other
than the farmer's market shall., be currently
operating on the property. The owner or operator
of the farmer's market shall obtain a notarized
letter from the business owner stating that the
market has permission to vend fresh fruits,
vegetables or other produce on the property. The
notarized letter shall be submitted to the Director
at the time of a food establishment permit
application.
(c) The operator or an employee of the farmer's market
shall attend the food handler's training provided
by the Health Department and shall obtain a food
handler's certificate.. At least one certified food
handler will be present during operating hours of
the farmer's market and will present the food
handler's certificate upon request of the Director.
(d) Fresh fruits, vegetables or other produce displays
shall be confined to the bed of a vehicle or to
tables that are at least six (6") inches above the
ground. Fresh produce shall not be cut or sliced.
Displays shall be located on acceptable smooth,
hard, paved surfaces such as concrete or machine
laid asphalt.
(e) Conveniently located toilet facilities shall be
available for market vendors. A notarized letter
from the business owner granting the market vendors
access to toilet facilities during all hours of the
farmer's market operation shall be submitted with
the food establishment permit application. A copy
of the letter shall be made available to the
Director upon request. All toilets shall conform
to the City Code and shall have tight fitting,
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self-closing solid doors. Toilet rooms and
fixtures shall be clean and in good repair. Toilet
paper shall be available and easily accessible at
all times. Toilets accessible to women shall have
a trash receptacle that is covered with a lid.
(f) A hand wash lavatory with hot and cold water under
pressure and tempered through a mixing valve shall
be provided in or immediately adjacent to the
toilet room. A soap dispenser and disposable paper
towels shall be available at all times. All waste
water shall be captured and disposed of in an
approved sewage disposal system.
(g) The permit holder shall ensure that all trash,
refuse and garbage is removed from the site at the
end of each day or that trash, refuse and garbage
is placed in appropriate containers for later
disposal. The premises occupied by the farmer's
market shall be kept clean and free of accumulated
trash, refuse or garbage during and after the hours
of operation. All discarded fresh fruits,
vegetables or other produce that remains at the
market site shall be sealed in plastic bags and
discarded in waste containers. Sufficient durable,
non-absorbent and easily cleanable, leak proof,
rodent and insect-proof refuse and garbage
containers shall be available on site.
(h) Individual vendors selling produce at a permitted
farmer's market are exempt from obtaining a food
establishment permit.
(i) The owner or operator of a farmer's market commits
an offense if the farmer's market is operated in
violation of any provision of this Section.
[Sections 16-136 through 16-139 reserved for expansion.]
DIVISION 5. FOOD MANAGERS AND FOOD HANDLERS
Section 16-140. Food Manager Certification.
(a) The owner or operator of an establishment which
handles open food and which has seven (7) or more
food handlers on duty at any time shall make
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certain that at least one certified food manager is
on duty during all hours of operation.
(b) Establishments which have fewer than seven (7) food
handlers shall not be required to have a certified
food manager.
(c) A person who has attended a Certified Food
Manager's class approved by the Texas Department of
Health may apply to the Health Department for a
food manager's certificate. Certificates are valid
for a period of three (3) years from the date that
the food training certificate is issued.
(d) The owner or operator of a new food establishment
shall provide proof to the Health Department, prior
to opening the establishment, that the
establishment meets the certified food manager
requirements of this Article.
(e) When a replacement certified food manager is not
available, the owner or manager of an existing food
establishment shall notify the Health Department
within 48 hours of the termination or transfer of a
certified food manager. The food establishment
shall have thirty (30) days from the effective date
of the termination or transfer to come back into
compliance with the certified food manager
requirements of this Article.
(f) When an existing food establishment has a change of
ownership, the new owner or operator of the
establishment shall provide proof to the Health
Department within thirty (30) days of the effective
date of the change of ownership that it is in
compliance with the certified food manager
requirements of this Article.
(g) A certified food manager shall present his/her
certificate to the Director for inspection
immediately upon request. The owner or operator of
a~ food establishment shall make food manager
certificates available for immediate inspection
upon request by the Director.
(h) The following food establishments are exempt from
the requirements of this Section:
(1) temporary food establishments;
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,ir
(2j establishments selling only uncut produce or
prepackaged food (farmer's markets and produce
stands for example);
(3) establishments serving only fountain drinks,
coffee, popcorn, and/or snow cones;
(4) bars and lounges; and
(5) food warehouses/wholesalers.
(i) Criminal offenses.
(1) A person commits an offense if the person is
the owner or operator of a food establishment
and violates a provision of this Section.
(2) A person commits an offense if the person is
the food manager of a food establishment and
fails or refuses to present his/her food
manager's certificate to the Director for
inspection immediately upon the Director's
request.
Section 16-141. Food Handler Certification.
(a) Within seven (7) days of beginning work as a food
handier (except for temporary event food handlers),
an individual shall attend a food handler class
approved by the Director of Public Health and shall
obtain a food handlers certificate issued by the
Health Department. All temporary event food
workers shall attend an approved food handler class
and obtain a food handler's certificate before
working at the temporary event.
(b) The owner or operator of a food establishment shall
ensure that all food handlers obtain the
certificate within seven (7) days of starting to
work at the food establishment.
(c) A food handler shall present his/her certificate to
the Director for inspection immediately upon
request.
(d) Food handler certificates are valid for one (1)
year from the date of food handler training. A
food handler may renew his/her certificate prior to
its expiration by attending a food handler class.
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{
,.
(e) A food handler certificate is subject to immediate
revocation by the Director if it is determined that
the holder is infected with or is the carrier of
any foodborne communicable disease, or if it is
determined by the Director that the continuation of
any such food handler certificate presents a
significant public health threat.
(f) The following persons are exempt from the
requirements of this Section:
(1) Certified food managers;
(2) Cashiers, hosts and hostesses, grocery
sackers, delivery persons, food stockers who
handle only prepackaged items, and bus help
who handle only soiled cooking and serving
utensils and dishware;
(3) Persons participating as volunteer food
handlers performing charitable activities for
periods of four (4) days or less; and
(4) Public school food service workers who attend
accredited training courses.
(g) Criminal offenses.
(1) A person working in a food establishment as a
food handler commits an offense if the person
does not have a food handler's certificate as
required by this Section.
(2) A person working in a food establishment as a
food handler commits an offense if the person
fails or refuses to present his/her food
handler's certificate to the Director for
inspection upon the Director's request.
{3) The owner or operator of a food establishment
commits an offense if a person works as a food
handler in the establishment in violation of
this Section.
Section 16-142. Fees.
Thy City Council shall adopt a schedule of fees for food
manager's certificates and food handler's certificates.
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The Health Department may not issue a certificate until
all requisite fees have been paid.
[Sections 16-143 through 16-145 reserved for expansion.]
DIVISION 6. ENFORCEMENT.
Section 16-146. Enforcement Options.
When the Director determines that a violation of this Article
has occurred or is occurring, the following remedies are
available to the Director. The remedies provided for in this
Section or elsewhere in this Article are not exclusive. The
Director may take any, all, or any combination of these
actions against a violator, consecutively or concurrently:
{a) Issuance of a warning notice;
{b) Issuance of one or more citations;
(c) Emergency closure/suspension order;
(d) Nuisance abatement, if applicable;
(e) Permit suspension or revocation proceedings, if
applicable;
(f) Request the City Attorney to institute suit for
civil remedies as provided by this Article, or
state law; or
(g) Any other remedy provided by law.
Section 16-147. Criminal Citation.
The Director is authorized to issue citations for viola-
tions of this Article and is also authorized to issue
citations for violations of state health laws which are
punishable only by a fine not to exceed the
jurisdictional limits of the Fort Worth Municipal Court,
unless such authority is denied under state law.
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Section 16-148. Emergency Closure of a Food
Establishment.
(a ) When the Director finds any food establishment in a
condition which poses an imminent risk to the
health or safety of the public or the employees of
the establishment, the Director shall be
authorized:
(1) to post and maintain at the entrance of the
food establishment, notice of the conditions
therein, or to require the owner, operator, or
person in charge of the establishment to post
and maintain at the entrance of the
establishment notice that the establishment is
closed;
(2 ) to close summarily such food establishment and
prevent its use as a food establishment until
such unsanitary conditions have been removed
or abated, and until it no longer endangers
public health; and
(3) to suspend summarily its food establishment
permit.
(b) Conditions which warrant the actions authorized
under subsection (a) include but are not limited to
loss of electrical power, interruption of water
service, sewage backing up into the establishment,
serious lack of sanitation, or catastrophic
occurrence.
(c} The owner, operator, or other person in charge of
the establishment will be given written notice of
the reason for the closure and/or suspension.
(d) Upon receipt of the notice, the food establishment
shall immediately cease food operations.
(e) A person commits an offense if the person engages
in food operations in an establishment which has
been closed or had its license suspended pursuant
to this Section.
(f } A person commits an offense if the person removes
or tampers with any notice posted pursuant to
subsection (a).
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~:
Section 16-149. Reconsideration.
(a) A person who has been denied a permit, a food
handler's certificate, or a food manager's
certificate; the owner or operator of a food
establishment which has received an emergency
closure/suspension order issued by the Director;
and the owner or operator of a food establishment
which has received an order issued by the Director
to come into compliance with this Article or the
laws adopted by this Article, may petition the
Director to reconsider the basis for the action.
(b) In order for the petition to be considered, it
shall be filed with such Director within ten days
of the person being served with notice of the
action.
(e) Failure to submit a timely written petition for
reconsideration shall be deemed to be a waiver of
any further right to administrative reconsideration
or reviews of the action.
(d) In its petition, the petitioner shall indicate the
provisions of the action objected to, and the
reasons for the objection(s), any facts that are
contested, the evidence that supports the
petitioner's view of the facts, and whether the
petitioner requests a hearing on .its petition.
(e) The effect of a permit or certificate denial or of
an order shall not be stayed pending the Director's
reconsideration or any hearing, unless the Director
expressly and in writing stays the denial or order.
(f) Within a reasonable time of the submittal of a
petition for reconsideration, the Director shall
either grant the petition and withdraw or modify
the order or grant the permit or certificate; deny
the petition if no material issue of fact is
raised; or if a hearing has been requested and a
material issue of fact has been raised, set a
hearing on the petition.
Section 16-150. Hearings.
(a) The Director may set a hearing after determining that
grounds exist to revoke or suspend a food establishment
- 30 -
,.
permit or if a hearing is deemed necessary pursuant to a
petition for reconsideration.
(b) Written notice of the hearing shall be served .on
the petitioner/violator at least ten days prior to
the hearing. Notice shall be served in person or
by certified mail, return receipt requested.
(c) Notice shall specify the date, time and place of
the hearing.
(d) Notice shall be deemed received five (5) days after
it is placed in a mail receptacle of the United
States Postal Service.
(e) For purposes of this section, the Director shall be
empowered to administer oaths and to promulgate
procedural rules for the conduct of the hearing.
(f) Whenever any deadline specified in this Section
falls upon a Saturday, Sunday or a City-recognized
holiday, the deadline shall be the next regular
City business day.
(g) The date of an order or ruling required to be made
under this Section shall be deemed to be the date
it is signed.
(h) Decisions shall be based on a preponderance of the
evidence. The City shall have the burden of proof
in all hearings except permit and certificate
denial hearings. In permit or certificate denial
hearings, the burden of proof shall be on the
petitioner.
(i) The Director shall act as the hearings officer.
(j) After the conclusion of the hearing, the Director
shall make written findings of fact and conclusions
of law and shall issue a written decision without
undue delay.
(}c) A hearing shall exhaust all administrative remedies
of the petitioner/violator.
- 31 -
~f }
Section 16-151. Nuisance.
(a) Misbranded, spoiled, diseased, or adulterated food
intended for human consumption is hereby declared
to be a public health nuisance.
(b) Potentially hazardous food which is stored,
displayed, prepared, or served in a food `
establishment at a temperature that is not in
compliance with this Article is hereby declared to
be a public health nuisance.
(b) The sale of unpasteurized milk or milk products at
retail is hereby declared to be a public health
nuisance.
(c) A food establishment that is not maintained in a
sanitary condition is hereby declared to be a
public health nuisance.
Section 16-152. Nuisance Abatement.
(a) The Director may give notice to the owner of the
property upon which a nuisance under this Article
is located, to cease, abate, remove or otherwise
remedy such nuisance immediately. If the person
creating, maintaining, or allowing the nuisance is
not the owner of the property, notice shall also be
given to such person.
(b) The notice must be given:
(1) personally to the owner/person in writing; or
(2) by letter addressed to the owner/person at the
owner's/person's post office address and sent
certified mail, return receipt requested.
However,if personal or certified mail service
cannot be obtained ar the owner's/person's
post office address is unknown, notice may be
given:
A. by publication in the official newspaper
of the City at least twice within ten
(10) consecutive days;
B. by posting the notice on or near the
front door of each building on the
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:.
property to which the violation relates;
or
C. by posting the notice on a placard
attached to a stake driven into the
ground on the property to which the
violation relates, if the property
contains no buildings.
(c) If the property owner/person does not comply with
the notice within ten (10) days of service, the
Director may enter the property containing the
nuisance and do any work necessary to abate the
nuisance, except the demolition of buildings.
(d) If the immediate abatement of the nuisance is
deemed necessary by the Director to protect the
public health, safety, or welfare from an imminent
and substantial endangerment, the Director may,
without complying with the notice provisions of
this Section or without waiting the ten-day period,
enter the property containing the nuisance and do
or cause to be done any work the Director deems
necessary to abate the nuisance..
(e) After abating the nuisance, the Director may inform
the owner/person in a notice sent certified mail,
return receipt requested, that if the owner/person
commits another violation of the same kind or
nature that poses a danger to the public health,
safety, or welfare on or before the first
anniversary date of the original notice, the City
may without further notice correct the violation at
the owner's expense and assess the expense against
the property.
(f) All costs incurred by the City to abate a nuisance,
including the cost of giving notice as required,
shall be initially paid by the City and charged to
the owner of the property.
(g) To obtain a lien against the property, the Director
shall file a statement of expenses with the County
Clerk for the County in which the property is
located. The lien statement shall state the name
of the owner, if known, and the legal description
of the property. The lien shall be security for
the costs incurred and interest accruing at the
rate of ten (10) percent on the amount due from the
date of payment by the City.
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fty
(h) The lien is inferior only to:
(1) tax liens; and
(2) liens for street improvements.
Section 16-153. Judicial Remedies and Penalties.
(a) Criminal Remedies
(1) An offense as defined under this Article is a
misdemeanor punishable by a fine not to exceed
$2,000.00. Each separate occurrence of a
violation or each day that a violation
continues shall constitute a separate offense.
(2) If an offense defined under this Article does
not include a culpable mental state, then one
is not needed and the offense shall be one of
strict liability.
(b) Civil Remedies
(1) The City may invoke Sections 54.011 - 54.017
of the Texas Local Government Code and
petition the state district court or the
applicable county court at law, through the
City Attorney, for either injunctive relief,
civil penalties, or both injunctive relief and
civil penalties, whenever it appears that a
person has violated, or continues to violate,
any provision of this Article that relates to:
A. the preservation of public health; or
B. conditions caused by accumulations of
refuse, vegetation, or other matter that
creates breeding and living places for
insects and rodents.
(2) Pursuant to Section 54.016 of the Texas Local
Government Code, the City may obtain against
the owner or the operator of a facility, a
temporary or permanent injunction, as
appropriate, that:
A. prohibits any conduct that violates any
provision of this Article that relates to
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,r..
any matter specified in subsection (b)(1)
above; or
B. compels the specific performance of any
action that is necessary for compliance
with any provision of this Article that
relates to any matter specified in
subsection (b)(1) above.
' (3) Pursuant to Section 54.017 of the Texas Local
Government Code, the City may recover a civil
penalty of not more than $1,000 per day for
each violation of any provision of this
chapter that relates to any matter specified
in subsection (b)(1) if the City proves that:
A. the defendant was actually notified of
the provisions of the Article; and
B. after the defendant received notice of
the Article provisions, the defendant
committed acts in violation of the
Article or failed to take action
necessary for compliance with the
Article.
Further, the Code of the City of Fort Worth (1986), as
amended, is amended by the amendment of Chapter 16, "Health and
Sanitation," by the adoption of a new Article XIV, "Miscellaneous
Permits," so that hereafter said Article shall read as follows:
ARTICLE XIV. MISCELLANEOUS PERMITS
Section 16-346. Definitions.
Unless a provision explicitly states otherwise, the
following terms and phrases, as used in this Article,
shall have the meanings hereinafter designated.
Change of ownership means a change of owner or operator
of a business, and does not refer to a change of owner of
the building where the business is located.
Director means the Director of the Health Department and
the Director's authorized representatives.
- 35 -
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Extensive remodeling means any type of construction of
facilities and/or replacement of equipment of an
establishment which:
(a) results in a final job cost of $10,000 or more; and
(b) results in a significant modification of the
operation or facilities of the establishment; and
(c) requires a building permit from the Department of
Development of the City of Fort Worth.
Health Department means the Fort Worth Health Department.
Motel-hotel means any facility i.n which the public may,
for consideration, obtain sleeping accommodations on a
day-to-day basis, and shall include hotels, motels,
tourist homes, houses, or courts, lodging houses, bed and
breakfast homes, bed and breakfast inns, rooming houses,
dormitories, and apartments occupied by transient
residents.
Section 16-347. Permit Required.
No person shall operate any of the following businesses
without a valid health permit issued by the Health
Department:
Motel-hotel
Section 16-348. Application and Issuance of Permit.
(a) The application for a new or a renewed permit shall
be made on an application form prescribed by the
Director, and shall at a minimum require the
applicant's name, type of business organization,
the name and address of the owner or principal
officer of the business, the nature of the
business, the location of the business, and such
other information as the Director deems necessary.
(b) The Health Department may not renew an expired or
expiring permit until the owner or operator of the
establishment provides proof of compliance with
current minimum Health Department requirements.
(c) A permit is not transferable.
- 36 -
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{d) A permit is valid for one year from the date of its
issuance. A permit may be renewed upon proof of
compliance with all applicable city and state
health laws.
(e) The owner or operator of the facility shall display
the permit in a conspicuous public place in the
permitted facility.
(f) Upon change of ownership of a facility, the new
owner shall be required to meet all applicable city
and state health laws before a permit will be
issued.
Section 16-349. Fees.
The City Council shall adopt schedules of fees for permits,
plans review, change of ownership, and pre-permit requests for
services required or provided pursuant to this Article. The
Health Department may not issue a permit or conduct a plans
'review until all requisite fees have been paid.
Section 16-350. Submission and Review of Plans.
(a) When a motel-hotel is newly constructed or
extensively remodeled, or when an existing
structure is converted to use as a motel-hotel,
properly prepared plans and specifications for such
construction, remodeling, or conversion shall be
submitted to the Department of Development for
review and approval before construction, remodeling
or conversion is begun.
(b) The plans and specifications shall indicate the
proposed layout, arrangement, mechanical plans,
types of construction materials in work areas and
the type and model of proposed fixed equipment to
be installed. The Director of Development shall
give the Health Department the opportunity to
review and approve the plans and specifications to
determine if they meet the requirements of this
Article and state law. No motel-hotel shall be
constructed, extensively remodeled or converted
except in accordance with plans and specifications
approved by the Health Department.
(c) The Director shall inspect the motel-hotel prior to
the start of operations to determine compliance
- 37 -
~.::,`
with the approved plans and specifications, the
requirements of this Article and state law.
Section 16-351. Criminal Offense.
(a) A person commits an offense if the person knowingly
owns or operates a business without a valid permit
required by this Article.
(b) An. offense as defined under this Article is a
misdemeanor punishable by a fine not to exceed
$2,000.00. Each separate occurrence of a violation
or each day that a violation continues shall
constitute a separate offense.
Section 16-352. Pre-permit Request for Service.
Health Department staff
to determine whether
development as a motel
shall pay the Health
evaluation fee, at a
Council.
members may respond to requests
a property is suitable for
-hotel facility. The requestor
Department a pre-permit site
rate established by the City
[Sections 16-352 through 16-370 reserved for expansion.]
SECTION 2.
This ordinance shall be cumulative of all provisions of
ordinances 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,
- 38 -
„-
_,
g
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, paragraphs 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, sentence, 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 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 provisions of
the ordinances amended and repealed in Section 1, 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.
- 39 -
(r
~ ~
_ '~
SECTION 6.
The City Secretary of the City of Fort Worth, Texas is hereby
authorized to publish this ordinance in pamphlet form for general
distribution among the public, and the operative provisions 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, Texas, is hereby
directed to publish the caption and Section 4 of this ordinance
for two (2) days in the official newspaper of the City of Fort
Worth, Texas, as authorized by Section 2, Chapter XXV of the
Charter of the City of Fort Worth, Texas and by Section 52.013,
Texas Local Government Code.
SECTION 8.
This ordinance shall be in full force and effect sixty (60)
days after its passage and publication as required by law, and it
is so ordained.
APPROVED AS TO FORM AND LEGALITY:
~---
AS I T N C ATT NE
D E : ~~p
ADOPTED: - EFFECTIVE:
- 40 -
• City of Fort Worth Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAMR PAGE
06/18/96 -11503 50REPEAL 1 of 6
SUBJECT AMENDMENTS TO THE CITY CODE PERTAINING TO FOOD FACILITIES
RECOMMENDATIONS
It is recommended that the City Council adopt the attached ordinance which
1 Repeals the following provisions of Chapter 16, "Health and Sanitation" of
the City Code
a Article IV, "Food and Food Establishments Generally";
b Article V, "Frozen Desserts",
c Article VI, "Meat and Meat Products",
d Article VII, "Milk and Milk Products",
e Article VIII, "Poultry Processing", and
f Article XIV, "Permits for Certain Businesses, Occupations and
Vocations",
2 Adds the following new provisions to Chapter 16, "Health and Sanitation,"
of the City Code
~,
a Article IV, "Food Establishments", and
b Article XIV, "Miscellaneous Permits", and
3 Provides for an effective date of sixty days after its passage and publication
It is further recommended that the City Council authorize the following changes to fees
charged by the Health Department
1 Add the following new fees
• Seasonal permit fee 575 00
• Change of ownership fee 65 00
• Pre-permit request for services fee 65 00
• Employer provided food handler training fee 4 00
• Plans review fee for farmer's markets 65 00
and bed and breakfast facilities
Printed on Recyded Paper
City of Fort Worth Texas
Mayor and Council Communication
06/18/96 -11503 50REPEAL ~VY 2 of 6
SUBJECT AMENDMENTS TO THE CITY CODE PERTAINING TO FOOD FACILITIES
2 Delete the following existing fees
• Hotel/motel plans review fee of S 1 per room (the S 100 per facility
plans review fee will remain in effect),
• Frozen dessert permit fee of S 15 per machine,
3 Remove the permitting requirement for food manufacturing operations
regulated by state health authorities, and
4 Authorize the implementation of the new food code 60 days after City
Council approval
DISCUSSION
On June 11, 1996, Informal Report 8006 was presented to City Council The report
identified deficiencies in the current food code and presented proposals to improve
standards for the design, construction, maintenance and operation of food facilities
Additionally, the new food code proposed changes to the fee schedule
The actions before you in this M&C provide for the following improvements in the food
code
• Contains an expanded definitions section that clearly identifies what areas
are or are not regulated by the Ordinance,
• Introduces new management concepts, i e , risk analysis and hazard
analysis critical control point process,
• Excludes from regulation and permitting group homes, non-profit organiza-
tions whose events are closed to the public, stores selling only prepackaged
non-potentially hazardous foods, and vending machine operations,
• Establishes seasonal permits for the non-traditional food operator who
operates less than 180 days per year but more than 14 days as a temporary
event vendor,
• Establishes a fee for pre-permit requests for services that are requested by
prospective business owners/investors,
• Permits the installation of foot or knee operated faucet controls on lavatories
as well as several acceptable alternatives,
• Prohibits the slaughter of food animals and the location of slaughter houses
in the City unless permitted by the United States Department of Agriculture
or the Texas Department of Health,
• Liberalizes the definition of mobile food units to include BBQ trailers,
• Addresses food push cart requirements separately from the push cart
standards found elsewhere in the City Code,
Printed on Recyded Paper
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
06/18/96 G-11503 50REPEAL 3 of 6
SUBJECT AMENDMENTS TO THE CITY CODE PERTAINING TO FOOD FACILITIES
• Provides a procedure to assure mobile food vehicle operators are charged
the appropriate vendor and vehicle fees (Managers of mobile food units
must present their vehicle registration issued in the mobile food vendor's
Hamel,
• Requires caterers and temporary event food. vendors not located in the City
to present a permit issued by a regulatory authority for their food prepara-
tion facility,
• Establishes minimum requirements for bed and breakfast homes and for
farmers' markets, and
• Eliminates separate permitting requirements for frozen dessert machines
• Establishes basic annual food handler training requirements for all public
food facility food handlers with certain exemptions,
• Provides for on-site food handler training by Health Department staff for the
standard fee or by the employer (if approved by the Director) at a reduced
fee, and
• Requires 'a certified food manager on each shift and establishes a minimum
time available to obtain food manager or food handler training
The proposed Ordinance complies with other existing City/State codes Additionally, the
proposed Ordinance is consistent with the Federal .Food and Drug Administration's 1993
and 1995 Model Food Codes which are being considered for adoption by the Texas
Department of Health this year
Fiscal Impact
The Health Department would need resources in addition to current staffing to implement
the food handler training activity The proposed budget is shown below
Estimated Budget for Food Handler Training
Estimated Food Handler Training Revenue
Estimated Total Annual Training Program Revenue 5170,336
for 21,292 Food Handlers (excluding 1,586
Food Manufacturing Employees and 1,000 Food
Handlers Trained By Employer)
Total FY 1995 Food Handler Training Revenue (5,757 @ 58) 46 056
t
~~
Printed on Recyded Paper
n
City of Fort Worth Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAMB PAGE
06/18/96 G-11503 50REPEAL 4 of 6
suBJSCT AMENDMENTS TO THE CITY CODE PERTAINING TO FOOD FACILITIES
TOTAL Estimated Potential New Revenue from New Food Handler Training
{15,535 ~ 58) 5124.280
Estimated New Expenses for New Food Handler Trainina
Salaries 74,376
Benefits 19 872
Total Personnel 94,248
Mileage 1 200
Office Supplies (Cards, printer cartridges, overhead
projectors, audiovisual resources, scantron forms, etc) 12,500
Total Supplies 13,700
Total Capital expenditures {Computer hardware,
software, ringboard for LAN hookup, TV/VCR) (First Year) 7,500
TOTAL Estimated New Expenses for New Food Handler Training
(First Year) 1115,448,E
TOTAL Estimated Potential Net Revenue from New Food Handler
Training (First Year) 8,832
TOTAL Estimated Potential Net Revenue from New Food Handler
Training (Succeeding Years) 16,332
Additionally, several new fees are proposed to cover the cost of providing other new services.)
Estimated Revenue from New Fees
Services and Proposed New Fees
Est. Annual Revenue
• Seasonal permit fee of 575, 5 2,250
(i a ,farmer's markets, snow cone stands)
• Change of ownership fee of 565, (i e a restaurant 5 6,500
comes under new ownership or management)
• Pre-permit Request for Services fee of 565,
(i e , an investor wants to utilize City staff or
a consultant to determine how much it will cost
for a property to comply with City health codes)
5 1,625
Printed on Retyded Paper
City of Fort Worth, Texas
Mayor and Council Communication
DATE
REFERENCE NUbIBER
06/18/96 G-11503 50REPEAL 5 of 6
SIIBJECT AMENDMENTS TO THE CITY CODE PERTAINING TO FOOD FACILITIES
• Plans review fee for Farmer's Markets and Bed and 5 325
Breakfast facilities of 565, (i a ,review of blueprints to
ensure compliance. with City health codes)
• Employer provided food handler training fee of 5 4,000
54 per trainee, (i a ,the employer conducts Department
approved training for his/her employees in lieu of
Department providing training at 58 00 per trainee)
TOTAL Estimated Annual Revenue from Other New Services/Fees 514,700
Estimated Revenue Reduction for Eliminated or Reduced Fees/Permits
Fee/Permit Elimination
• Hotel/Motel Plans Review fee of 51 per room
(5100 per facility plans review fee remains in effect)
• Frozen Dessert permit fee of 515 per machine
• Food Manufacturing. permit (appli.es to 49 food
manufacturers @ 5135 and their 1,.586 food
manufacturing employees @ 55 each)
TOTAL Estimated Annual Revenue Reduction from
Eliminated Fees/Permits
Revenue Reduction
(500)
( 5,880)
14 545
1520,925)
TOTAL Net Revenue Increase to the General Fund from Food Ordinance Proposals
New, Reduced and Eliminated Fees/Permits
(First Year)
(Succeeding Years)
', ,
2,607
10,107
Printed on Recyded Paper
City of Fort Worth, Texas
Mayor and Council Communication
DATE
06/18/96 REFERENCE NUMBER LOG NAME
50REPEAL PAGE
6 of 6
St3BJECT AMENDMENTS TO THE CITY CODE PERTAINING TO FOOD FACILITIES
FISCAL CERTIFICATION
The Director of Fiscal Services certifies that funds are available in the current operating
budget, as appropriated, of the General Fund The Health Department will be responsible
for collecting and depositing all applicable fees
ubmitted for City Manager's FUND AC O T CENTER AMOUNT CITY SE RETARY
Office by: (to)
~D
APPROV
U
~~~~ ~~
~~~~
Libby Watson 6183 ~"
Originating Department Head: {~
~t
Dr Nick Curry 7201 (from) ~
dYt~ ~$ 996
or ttona oi~mahon
.. ~~ ~:~.6s~-~
Contact: Cit}t Sc+cze~Y of the
Dr Richard Shafer 7258 City of Fori Worth Texas
Printed on Recyded Paper
Adopted Ordinance No, ~~ ___