17-M-10 - Amending Chapter 34, Article 11 Food establishmentsORDINANCE NO. 17 -M -10
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AMENDING THE CITY OF SCHERTZ CODE OF
ORDINANCES CHAPTER 34, ARTICLE 11. FOOD ESTABLISHMENTS,
SECTION 34 -22, REGARDNG THE ADOPTION OF THE TEXAS FOOD
AND BEVERAGE ESTABLISHMENT RULES; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH
THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Section. 34 -22. - Adoption of Texas Food and Beverage Establishment
Rules currently references Chapter 229, Section 161 through 171 and 173 through 175 of the
Texas Administrative Code, and
WHEREAS, the Texas Administrative Code has been restructured and the applicable
portions of the Code have been renumbered, and
Whereas, The City Council of the City of Schertz has found that in order to protect the
health, safety and welfare must update the reference in Section 34 -22 to the applicable sections
of the Texas Administrative Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. That Section. 34 -22 be amended as follows:
A person operating a food establishment, vending machine, mobile food establishment,
temporary event, farmers market, or farmers market vendor booth shall comply with this chapter
and, the City adopts the Texas Administrative Code Title 25, Part 1, Chapter 228 (Texas Food
Establishment Rules) and Chapter 229, Subchapter N (Current Good Manufacturing Practice
And Good Warehousing Practice In Manufacturing, Packing And Holding Human Food).
Section 2. 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 findings 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inconsistent with any provision of this Ordinance are hereby repealed to the extent of such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 final adoption hereof and
any publication required by law.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT
THIS ORDINANCE WAS PASSED and APPROVED on first reading this the 28th day of
February, 2017.
PASSED, APPROVED and ADOPTED on second reading this the 7th day of March, 2017.
APPROVED:
° Michael R. Carpenter, Mayor
ATTEST:
City Secretary, Brenda Dennis
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