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12-H-14 Inspection of Food and Beverage Establishment Grading SystemORDINANCE NO. 12-H-14 AN ORDINANCE AMENDING ORDINANCE 07-H-32, BY REVISING SECTION 34-24 (d) and (e) INSPECTION OF FOOD AND BEVERAGE ESTABLISHMENT. GRADING SYSTEM FOR RESTRAUNTS TO BE CHANGED WITH "A" BEING THE HIGHEST SCORE AND ``F" BEING THE LOWEST; POSTING THE SCORES IN CONSPICUOUS LOCATION BY ESTABLISHMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Staff of the City of Schertz (the "City") has recommended that in the interest of public clarification the results from compiling the inspection report of an eating establishment will be converted to a more comprehensive letter grade with "A" being the highest score and "F" being the lowest; and the establishment shall be allowed to post scores at the front of the restaurant clearly visible to the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. THAT Section 34-24 (d) Inspection of Food and Beverage Establishment. Grading System for restaurants to be changed with "A" being the highest score and "F" being the lowest; repealing all Ordinances of parts of Ordinances in conflict with this Ordinance; and providing an effective date. Being amended as follows: (d) 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 and "F" being lowest. The criteria for the various certificates are: Grade "A" Attain sanitation score of 90 or above; Grade "B" Attain sanitation score of 89 - 80; Grade "C" Attain sanitation score of 79 - 70; Grade "D" Attain sanitation score of 69-60; Grade "F" Attain a sanitation score of 59 or below. Section 2. And Section 34-24 (e) Requiring the restaurant to post the score at the front of the establishment where it is clearly visible to the public; repealing all Ordinances of parts of Ordinances in conflict with this Ordinance; and providing an effective date. Revision to read: (e) An inspection certificate shall be issued and a copy shall be posted by the establishment and posted immediately at some conspicuous location near the front of the premises where it will be clearly visible to all patrons. The certificate shall not be defaced and may not be 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 30 days. The health official shall permit the owner to correct any noncritical infractions within no more than 24 hours. 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. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and fmdings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this _Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of fmal adoption hereof and any publication required by law. PASSED ON FIRST READING, the 19`h day of June, 2012. PASSED, APPROVED and ADOPTED ON SECOND READING, the 26th day of June, 2012. CITY CHERTZ, TEXAS ~' Mayor Pro-Tem ATTEST: il~4~y-~e~ ~~m.t~l City Secretary (CITY SEAL)