2003H09-HEALTHORDINANCE NO. 0-~ -
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
PROVIDING THAT THE CODE OF ORDINANCES~ CITY OF
SCHERTZ, TEXAS, CHAPTER 7 1/2~ HEALTH~ BE AMENDED
BY DELETING CHAPTER 7 1/2, HEALTH, AND REPLACING
SAME WITH A REVISED CHAPTER 7 1/2, HEALTH;
PROVIDING A PENALTY CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A REPEALING
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS:
THAT, Chapter 7 1/2, Health, be amended as follows:
"CHAPTER 7 1/2
SECTION 1. IN GENERAL
Sec. 7 1/2 -1. Appointment of Health Official
(a) The Health Official shall be recommended by the City Manager and appointed by
the Mayor and City Council. All activities of the Health Official shall be
coordinated through the Building Official.
(b) The fees, salary, or both, for the Health Official shall be set as a part of the annual
budget.
Sec. 7 1/2 - 2. Duties and Powers of the Health Official.
General- The Health Official is hereby authorized and directed to enforce the
provisions of this chapter and other related ordinances of the City and by the City
Council and the City Manager. The Health Official shall have the authority to render
interpretations of this ordinance and to adopt policies and procedures in order to
clarify the application of its provisions. Such interpretations, policies and procedures
shall be in compliance with the intent and purpose of this ordinance and shall not have
the effect of waiving requirements specifically provided for in this chapter.
Appeals- The City Manager shall hear and decide on all appeals of orders, decisions
or determinations made by the Health Official relative to the application and
interpretation of this chapter.
Health Official Qualifications- The Health Official shall have, as a minimum
qualification, a license as a professional sanitarian under Vemon's Texas Civil
Statutes.
Fees and Salary- The fees, salary, or both, for the Health Official shall be determined
by the City Manager and confirmed by the City Council. The costs shall be set as a
part of the annual budget. All fees shall be established in Exhibit 1 of this chapter.
The City Manager may waive any and all fees on a case-by- case exception basis.
Reports- The Health Official shall give attention to the health and sanitary conditions
of the City and report to the City Council once each month, making recommendations
as necessary conducive to the cleanliness of the City and the general health of the
citizens.
Right of Entry- It shall be unlawful for any person to interfere, hinder, or delay the
Health Official, deputies, inspectors, or officers in the discharge of any duties under
this chapter or to refuse to comply with the orders of the Health Official. The Health
Official shall issue all necessary notices or orders to ensure compliance with this
chapter.
Order of Correction- The Health Official shall have the authority whenever, in his
opinion, a nuisance detrimental to health exists to cause the same to be abated or
removed.
SECTION II. FOOD ESTABLISHMENTS
Sec. 7 1/2-3. Definitions
Food Establishment- A food service establishment, a retail food store, a mobile food
unit, and/or a roadside food vendor.
Food or Beverage Handler- Any person, including cook, cook's helper, waiter,
waitress, dishwasher, bartender, barmaid, busboy or any other person, whether
compensated or not, engaged in the delivery, storing, preparation, dispensing or
serving of food or beverages for human consumption, or who engages in the
handling, use, cleaning or preparation for use of any pots, pans, grills, skillets, plates,
trays, eating and drinking equipment/utensils, or similar wares on which such foods or
beverages are prepared, dispensed or served.
State Rules-Rules found in 25 Texas Administrative Code, Chapter 229,
Sections 161 through 171 and Sections 173 through 175. These roles are also known
as the Texas Food Establishment Rules.
Permit-A license to operate a food establishment within the City of Schertz for
a specified period of time for a stated fee as established in Exhibit 1 of this chapter.
Authorized Agent or Employee- Health Official representing the City of Schertz.
Sec. 7 1/2 -4. Inspection of Food and Beverage Establishment.
(a) The City of Schertz adopts by reference the provisions of the current role or roles
as amended by the Texas Board of Health found in 25 Texas Administrative
Code, Chapter 229, and Sections 161 through 171 and Sections 173 through 175
regarding the regulation of food establishments in this jurisdiction.
(b) The City of Schertz adopts by reference the provisions of the current role or roles
as amended by the Texas Board of Health found in the 25 Texas Administrative
Code, Chapter 217, Milk and Dairy, Subchapter C, roles for the Manufacture of
Frozen Desserts; role 217.65, Examination and Standards for Frozen Desserts.
(c) As often as deemed necessary for the proper enforcement of the provisions of this
ordinance and the State roles, the Health Official shall inspect every food and
beverage establishment and temporary food and beverage establishment that is
located within the City. The person operating the food and beverage
establishment shall, upon request of the Health Official, permit access and allow
the inspection of all parts of the establishment.
(d) In case of any items of violation identified by or brought to the attention of the
Health Official, the person in charge of this establishment will be advised of the
violation. A second inspection will be made after a lapse of sufficient time, as the
Health Official deems sufficient for correction of the violation. Any violation of
the same provision on such second inspection shall call for an immediate
suspension of the food establishment permits.
(e)
In the interest of public clarification, the results from compiling the inspection
report will be converted to a letter grade with the letter "A" being the highest
level of food service operation. The criteria for the various certificates are:
1) Grade "A" - attain a sanitation score of 85 or above
2) Grade "B" - attain a sanitation score between 70 snd 84
3) Grade "C" - below 70 on the sanitation inspection
An inspection certificate shall be issued and copy shall be posted by the Health
Official at some conspicuous location on the premises where it will be clearly
visible to all patrons. The certificate shall not be defaced or removed by any
person except the Health Official. Violation of this section shall be a Class C
misdemeanor punishable by a fine not to exceed $200.00 per day that the
certificate is removed, moved or defaced and/or suspension of the food
establishment permit for thirty (30)days. The Health Official shall permit the
owner to correct any non-critical infractions within no more than 24 hours unless
the owner can demonstrate to the Health Official's reasonable satisfaction that
such infraction cannot be corrected within the allotted 24 hours or less. If the
Health Official determines that the infraction is of an immediate threat to the
public health, there shall be no grace period for correction. Repeat violations
may result in higher point deduction.
Sec. 71/2-5. Food Handler Sanitation Training Course.
It shall be unlawful for any employer to employ any person to be employed as a
food handler without .such employee having completed a City food handler
sanitation training course within two weeks of employment or the next such course
scheduled thereafter. Satisfactory completion of a City food handler sanitation
training course constitutes authority to permit a person to accept employment or
work in, around, or about all food and beverage establishments for a period of one
(1) year.
EXCEPTION: All volunteers within a non-profit organization shall not be
required to attend such course, but all food preparation and serving activities
must be directly supervised by someone who has satisfactorily completed a City of
Schertz food handler sanitation training course.
Sec. 7 1/2 -6. Examination and Condemnation of Unwholesome or Questionable
Food or Drink.
Samples of food, drink and other substances shall be taken and examined by the
Health Official as often as he deems necessary for the detection of
unwholesomeness and deleterious qualities. The Health Official may condemn
and forbid the sale of or cause to be removed or destroyed, any food or drink which
is unwholesome or deleterious.
Any food which appears to the Health Official to be of a questionable nature from
the standpoint of wholesomeness or possible deleterious quality may be held for
further examination by attaching a "City of Schertz Retained" tag to the item(s)
Foodstuffs so retained may not be removed or disturbed without the permission of
the Health Official. The City Health Official shall promptly proceed by
examination, laboratory or otherwise to determine the wholesomenesof such food.
As soon as such wholesomeness has been determined, such food must be
immediately released. If however, such food is found to be unwholesome or
deleterious, the Health Official must promptly condemn such food as herein stated
and shall file petition in a court of competent jurisdiction for injunction to restrain
the owner from selling such condemned food and to obtain order for destruction of
such unwholesomeness or deleterious food or drink.
Sec. 7 1/2- 7. Procedure when Infection Suspected.
When suspicion arises as to the possibility of transmission of infection from any
food and beverage establishment employee, the Health Official is authorized to
require any or all of the following measures:
1) The immediate exclusion of the employee from all food and beverage
establishments.
2) The immediate closing of the food and beverage establishment concerned until
no further danger of disease outbreak exists in the opinion of the Health Official.
3) Adequate medical examination of the employee and of his associates with such
laboratory examinations as may be indicated.
Sec 7 1/2-8. Permits.
(a) It shall be unlawful for any person to operate a food and beverage
establishment, or temporary food establishment without a valid food
establishment permit issued by the City of Schertz. Permits are valid for one
year, except for temporary permits, which are valid for two weeks. All permits
expire on September 30 of each year and are due and payable on October 1 of
each year. All permits must be renewed within 30 days or they will be
suspended. Permits are not transferable from one establishment to another or
from one person to another. Permits must be posted in a conspicuous place.
(b)
All permits may be suspended or revoked by the Health Official upon the
violation by the holder of any of the terms of this chapter, following which,
unless corrections are immediately made, action may be instituted in the name
of the City of Schertz in any court of competent jurisdiction to obtain a
restraining order or permanent injunction preventing such person from
operating unless immediate compliance with the provisions of this chapter is
obtained. Revocation of a permit for any cause whatsoever is still affected by
the issuance of the statement that the permit has been revoked. Reapplication
for permit may be made at any time and will be approved provided that full
compliance of the provisions of this chapter is accomplished.
(c)
Whenever a food establishment is constructed or extensively remodeled and
whenever 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 City of Schertz for review before work is
begun. Extensive remodeling means that 20% or greater of the area of the food
establishment is to be remodeled. The plans and specifications shall indicate
the proposed layout, equipment arrangement, mechanical plans and
construction materials of work area, and the type and model of proposed fixed
equipment and facilities. The City of Schertz will approve the plans and
specifications if they meet the requirements of the roles contained in this
chapter. The approved plans and specifications must be followed in
construction, remodeling or conversion. Prior to opening for business, each
new establishment will be inspected by the Health Official to insure
compliance with this chapter."
SECTION III - PENALTY CLAUSE
PENALTY- Any person, firm, corporation or agent who shall violate a
provision of this chapter, or fail to comply therewith, or with any other
requirements thereof, shall be guilty of a Class C misdemeanor. Such person
shall be considered guilty of a separate offense for each and every day or
portion thereof during which any violation of any of the provisions of this
chapter is committed or continued, and upon conviction of any such violation,
such person shall be punished by a fine not to exceed $2000.
SECTION IV- SEVERABILITY CLAUSE
SEVERABILITY- that if any section, subsection, sentence, clause, phrase or
portion of this ordinance is, for any reason, held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such portion shall not affect the
validity of the remaining portions of this chapter.
SECTION V- REPEALING CLAUSE
THAT, all ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed, specifically Ordinances 85-H-3, 86-H-10, 88-H-7, 94-H-3,
99-H-24, 00-M-26, 0 l-H- 14, 02-H- 14 and 02-H- 18.
SECTION VI- EFFECTIVE DATE
THAT, this ordinance shall be in full force and effect from and after its final
Passage and it is so ordained..
Approved on first reading the/~f, xtay of .<~ ~~~/~, 2003.
PASSED, APPROVED AND ADOPTED the///~o1~ ~]~a/oe.J~ ,2003.
Mayor, City of Schertz, Texas
ATTEST:
C'ty Secretary, City of Schertz, Texas
(SEAL OF CITY)
Chapter 7 ¥~ Health
Exhibit 1, Fees.
1) Food and Beverage Establishment Permit Fees
Employees Fee
1-3 $100
4-6 $200
7-10 $300
11-20 $400
21 + $500
Exception: Non-profit organizations will pay $100.00 regardless of the
amount of employees or volunteers.
2) Temporary Food and Beverage Establishment Permit Fees
$50
3) Frozen Dessert and Frozen Beverage Machines
$125
4) Swimming Pool Permits (public and semi-public pools only)
$75
5) Individual charge for food handler's class
$14
6) Mobile Venders
$150.00
THE STATE OF TEXAS,
PUBLISHER'S AFFIDAVIT.
County of Guadalupe
Before me, the undersigned authority, on this date personally appeared
_ Tommy Crow , , known'to me, who, .b..e, ing...b,y.,~9,d.~[y~sw, oj;,g, on
,,,-~ .-,..::.:., .... · ..... . ........ :.... ';.,'~ ' ..,
his oath deposes and says that he is the Publisher of The Seguin Gaze~.~.-.~nterP.riSe, a
·
newspaper published in said county; that a copy of the within and foregoing not'ce was
·
published in said newspaper_ z . · time(s) before the return day named .t~erein, such
publications being on the following dates:
February 21, 2003
_
and a newspaper copy of which is hereto attached.
Swom to~ subscribed before me this. ~~"'~ day of
, //~¢-~d ...--- ........... , A.D., 200~.
ORDINANCES, CITY
:~OF` SCHE~!!~,
CHA~ER 7 1~;
H~LTH, AND ~-
A. R~ED ~R
7.1~' ~~;
,'VIDING "A*
C~USE; PROVIDING
c~O. sE;:~ ,.,~OV~DING
A =.' ,.. R~~NG
' ~1~":' ~..':,LEFFEC-
'Notary Public, Guadalupe County, Texas
THE STATE OF TEXAS,
PUBLISHER'S AFFIDAVIT
County of Guadalupe
Before me, the undersigned authority, on this date personally appeared
.... Tommy .c..r..o.w . ~,. , known to me, who, being by me duly
sworn, on his oath deposes and says that he is the Publisher of The Seguin Gazette-
Enterprise, a newspaper of general circulation, published in said county; that a coPy-of
the within and foregoing notice was publishod in said newspaper / time(s) before
the return day named therein, such publications being on the following dates:
and a newspaper copy of which is hereto attached.
OF- THE'CITY OF
.:.~~e"'.s~~~
':A, R~SED.-.~R-
~U~E; ',,P~IDING
Swo~ subscribed before me this~.~ /7~--~ dayof
.,, -,,,,r.~/~'~"x"'~-' A.D', 2003. ' :"'
~: !~ CAROL ANN AVERY
~yco~=~,~ ' ' ~ Nota~ Public, Guadalupe Count, Texas