G-03-06-26-10A1 - 6/26/2003ORDINANCE NO. (It-03-Q6-o26-IDAI
AN ORDINANCE AMENDING CHAPTER 6, SECTION 6.500, CODE
OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS,
REGARDING THE REGULATION OF FOOD ESTABLISHMENTS
INCLUDING FOOD SERVICE ESTABLISHMENTS, RETAIL FOOD
STORES, TEMPORARY FOOD ESTABLISHMENTS, MOBILE FOOD
UNITS AND ROADSIDE FOOD VENDORS; TO COMPLY WITH
CURRENT STATE LAWS; AND PROVIDING FOR A SAVINGS
CLAUSE AND REPEALING CONFLICTING ORDINANCES OR
RESOLUTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
I.
That Chapter 6, Section 6.500, Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended to read as
follows:
SECTION 6.500 FOOD ESTABLISHMENTS
6.501 TEXAS FOOD ESTABLISHMENT RULES ADOPTED
Chapter 437, Regulations of Food Service Establishments, Retail Food Stores, Mobile Food Units,
and Roadside Food Vendors of the Texas Health and Safety Code; and the Texas Administrative
Code, Title 25, Part 1. Texas Department of Health, Chapter 229, Food and Drug, Subchapter
K. Texas Food Establishments, Sections 161 through 171 and Sections 172 through 175 ("Texas
Food Establishment Rules") are hereby adopted by the City of Round Rock, Texas. Penalties,
conditions and terms of the said Texas Food Establishment Rules are hereby adopted, and made
a part hereof, as if fully set out in this Section 6.500, with the additions, insertions, deletions and
changes as set forth below.
6.502 DEFINITIONS
The following definitions shall apply in the interpretation and enforcement of this Section:
(1) Authorized Agent or Employee shall mean the designated representative of the Regulatory
Authority, as the term is defined below.
(2) Business Days shall mean the days that the Williamson County and Cities Health District
(WCCHD) is open to conduct business with the public.
(3) Director shall mean the Director of the WCCHD or its designated representative.
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(4) Food Establishments shall mean an operation that stores, prepares, packages, serves, or
otherwise provides food for human consumption such as: a food service establishment;
retail food store; satellite or catered feeding location; catering operation; if the operation
provides food directly to a consumer or to a conveyance used to transport people; market;
remote catered operations; conveyance used to transport people; institution; or food bank;
and that relinquishes possession of food to a consumer directly, or indirectly through a
delivery service such as home delivery of grocery orders or restaurant takeout orders, or
delivery service that is provided by common carriers Temporary Food Establishment,
mobile food unit, and/or a roadside food vendor.
(a) The term includes an element of the operation such as a transportation vehicle or
a central preparation facility that supplies a vending location or satellite feeding
location unless the vending or feeding location is permitted by the Regulatory
Authority; a restaurant; a grocery store; an operation that is conducted in a
mobile, roadside, stationary, temporary, or permanent facility or location; group
residence; outfitter operations; bed and breakfast Food Establishments; where
consumption is on or off the premises; and regardless of whether there is a charge
for the food.
(b) The term does not include: an establishment that offers only prepackaged foods
that are not potentially hazardous; a produce stand that only offers whole, uncut
fresh fruits and vegetables; a food processing plant; a kitchen in a private home
if only food that is not potentially hazardous is prepared for sale or service at a
function, such as religious or charitable organization's bake sale; a Bed and
Breakfast Limited facility as defined in the Texas Food Establishment Rules; or
a private home.
(5) Food Handler shall mean any Person in a Food Establishment who handles food or drink
during preparation or serving, or who comes in contact with any eating or cooking
utensils, or who is employed in an area where food or drink is prepared, served,
transferred, stored, packed, sold, or otherwise handled.
(6) Health Official shall mean the authorized representative of the WCCHD.
(7) Person shall mean person, firm, or corporation or association.
(8) Regulatory Authority shall mean the WCCHD.
(9) State Laws and Rules shall mean Texas Food Establishment Rules.
(10) Temporary Food Establishment shall mean a Food Establishment operating for a
temporary period of no less than two (2) consecutive days and no more than fourteen (14)
consecutive days in conjunction with a fair, carnival, circus, public exhibition, or other
similar gathering. Non-profit fund raising events and other events which are open for
business for a period of time no longer than one (1) day are exempt from this definition.
6.503 PERMITS REOUIRED
It shall be unlawful for any Person to operate a Food Establishment in the City of Round Rock,
Texas, who does not possess an unrevoked permit from the City of Round Rock, Texas, issued
by the WCCHD. The Health Official shall be, and is hereby authorized to issue permits to any
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Person making application therefore, authorizing the operation of a Food Establishment in the City
of Round Rock, Texas; provided, only a Person who complies with the requirements of this
Section 6.500 shall be entitled to receive and retain such permit. Permits are not transferable from
one Person to another or from one location to another, except as otherwise permitted by this
Section 6.500. All permits expire on December 31 of each year. A valid permit must be posted
in or on every Food Establishment regulated by this Section 6.500.
6.504 PERMIT FEES
Every Person who may desire to operate a Food Establishment in the City of Round Rock, Texas,
shall make a written application to the WCCHD, upon forms prescribed and furnished by the
WCCHD for a permit. The application must contain the name and address of each applicant, the
location and type of the proposed Food Establishment and the applicable fee. Incomplete
applications will not be accepted. Failure to provide all required information, or falsifying
information required may result in denial or revocation of the permit. Renewals of permits are
required on an annual basis and the same information is required for a renewal permit as for an
initial permit. Prior to the approval of an initial permit or the renewal of an existing permit, the
Health Official shall make or cause to be made an inspection of the premises to determine
compliance with State Laws and Rules. A Food Establishment that does not comply with State
Laws and Rules may be denied a permit or the renewal of a permit. If the Food Establishment
comes within the requirements of this Section 6.500, the Health Official shall approve said
application; whereupon, the applicant shall pay to the WCCHD a fee based on the following
formula:
(1) Food Establishments:
Number of Employees
1-15
16-30
31 or more
Permit Fee
$150.00
$250.00
$300.00
If an application is made after the first day of July of any calendar year, the
application fee shall be reduced by fifty (50) percent.
(2) Penalty Fees for Follow-up Inspections:
$75.00. Each additional follow-up increases by $25.00.
(3) Day Care Centers:
Licensed number of Children Permit Fee
13 - 40 $150.00
41 - 100 $250.00
101 or more $300.00
(4) Mobile Food Units:
1st Unit
Each Additional Unit
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$100.00
$ 75.00
(5) Sanitation Inspection:
Includes day care centers with fewer than 13 children, day care centers with more than 12
children but with no food preparation, and foster/adoptive homes: $ 60.00
(6) Food Handler Classes:
$10.00 - 1 year card (all new employees and Train the Trainer classes)
$15.00 - 2 year card
Remote class $ 50.00 + 1 or 2 year card fee per Person
(new establishments only)
(between 9 am and 4 pm, Monday through Friday, minimum 50
students)
Train the Trainer Class $ 25.00
Train the Trainer Video $ 25.00
(7) Seasonal Permits: $ 60.00 (valid for 6 months)
(8) Change of Name or Ownership: $ 25.00
(9) Establishment Plan Review:
$125.00 (includes actual plan review and two pre -opening inspections)
$ 60.00 (each additional pre -opening inspection)
(10) Permit Reinstatement Fee: $100.00
6.505 REVIEW OF PLANS
Whenever a Food Establishment is constructed or extensively remodeled, meaning that twenty (20)
percent or greater of the area is to be remodeled, and when an existing structure is converted to
use as a Food Establishment, plans and specifications for such construction, remodeling or
conversion shall be submitted to WCCHD for review before work is begun. The plans and
specifications shall indicate the proposed layout, equipment arrangement, mechanical plans and
construction of materials of work areas; and the type and model of proposed fixed equipment and
facilities. The plans and specifications shall be approved by WCCHD if they meet the
requirements of this Section 6.500. The approved plans and specifications must be followed in
the construction, remodeling or conversion of the Food Establishment.
6.506 REGISTRATION OF FOOD HANDLERS
It shall hereafter be unlawful for any Person operating any Food Establishment, to work or employ
a Food Handler until regulations and all City Ordinances now or hereafter enacted and all
provisions of this Section 6.500 are complied with; and until such Food Handler has received a
Food Handler's registration card from the WCCHD which is valid at the time of such employment.
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(1) Issuance of registration certificates and payment of fees. WCCHD shall issue Food
Handler's registration certificates to Food Handlers who attend and satisfactorily pass a
Food Handler's class offered within the county, or who satisfactorily pass a test from a
"trainer" that became certified through WCCHD.
(2) Education and examination of applicant. No Food Handler's registration card shall be
issued by WCCHD to any Person required by law or by this Section 6.500 to have or
exhibit such card until the applicant shall have met the following requirements:
(a) Complete a class in basic food sanitation. The schedule, time and location of class
sites shall be announced by the Director of the Environmental Division of
WCCHD. The primary emphasis of this class will be directed toward the food
workers' sanitation practices and behavior when working in a Food Establishment.
It shall be the responsibility of the Person in charge of the Food Establishment to
ensure that safe food practices are in use at all times.
(b) Completes a "train the trainer" class. Food Establishments who wish to train their
own Food Handlers may do so after meeting the following conditions:
(i) A Food Establishment employee must complete a two (2) hour "train the
trainer" class. The Food Establishment employee may then train other
employees on site and administer the test supplied by WCCHD to those
employees; or
(ii) A Food Establishment employee certified to teach the Texas state certified
Food Protection Management class may submit an outline of the class they
will be teaching and a copy of the test to be given to the employees after
the class is completed at their site.
WCCHD reserves the right to suspend the option provided in this Paragraph (b)
as a method for obtaining Food Handler cards.
(3) Issuance and effective period of Food Handler's cards. Upon completion of the required
classes described above and administrative processing, each individual shall be issued a
Food Handler's card by WCCHD, which shall be valid for the time period stipulated on
the card.
(4) Display of Food Handler cards. The Food Handler's card issued to each individual shall
be posted at the place of employment in a location readily visible and accessible to the
Health Official for verification.
(5)
Managers and supervisory personnel. Managers, assistant managers, and shift supervisors
who have completed the Texas state certified Food Protection Managers course shall be
exempt from obtaining a Food Handler's card from WCCHD. The certificate provided
by the state shall be posted at the place of employment in a location readily visible and
accessible to the Health Official for verification.
6.507 INSPECTION OF FOOD ESTABLISHMENTS
(1) The Health Official shall inspect every Food Establishment located within the City of
Round Rock, Texas. High-risk establishments, that prepare and serve potentially
5
hazardous food and/or serve a highly susceptible population, shall be inspected a minimum
of four(4) times a calendar year. Establishments that serve only prepackaged, non -
potentially hazardous foods shall be inspected a minimum of two (2) times a calendar year.
Additional inspections of Food Establishments shall be performed as deemed necessary
to protect against public health hazards or nuisances and additional fees shall be charged
to the Food Establishments for these visits. Visits associated with unsubstantiated
complaints received by WCCHD will not require payment of additional fees by the Food
Establishment. Upon request of the Health Official, the Person operating the Food
Establishment shall permit access to all parts of the establishment under inspection and
shall permit inspection and copying of all records of food purchased.
(2) The Health Official may take and examine samples of food, drink and other substances
found on the premises for the detection of unwholesomeness and adulteration and may
condemn and forbid the same of, and cause to be removed or destroyed, any food or drink
which is unwholesome, adulterated, or potentially hazardous food held at temperatures
which allow the growth of dangerous organisms.
6.508 VIOLATIONS AND POSTING OF CERTIFICATES
If during an inspection, the Health Official discovers violations of State Laws and Rules; or this
Section 6.500, that earns more than thirty (30) demerits on multiple inspections during a twelve
(12) month period based upon the results of the inspection, the Health Official shall post a
Certificate of Grade, as follows:
(1) First failure. An "UNSATISFACTORY" placard shall be posted on the front
door or front window, or if the Food Establishment does not have a front door or
front window, then upon a wall of the food service area inside the Food
Establishment and said placard shall be displayed in clear view to the public and
shall not be covered from sight, defaced or removed except by the Health Official
after an inspection is performed earning thirty (30) or fewer demerits. The
follow-up inspection shall occur within two (2) Business Days of the failed
inspection.
(2) Second failure. When a second failed inspection occurs within twelve (12) months
of the first failed inspection, an "UNSATISFACTORY" placard shall be posted
on the front door or front window, or if the Food Establishment does not have a
front door or front window, then upon a wall of the food service area inside the
Food Establishment and said placard shall be displayed in clear view to the public
and shall not be covered from sight, defaced or removed except by the Health
Official after an inspection is performed earning thirty (30) or fewer demerits.
The permit shall be suspended and the operations of the establishment shall cease
immediately. The Food Establishment shall remain closed for a minimum of 48
hours and fulfill the following requirements before reopening:
(a) The management of the Food Establishment must meet with and submit
a written plan of action to the Director of the Environmental Division of
WCCHD or his appointee. The plan of action shall address critical
violations of the previously failed inspections.
(b) A reinstatement fee of $100 shall be paid to the WCCHD Environmental
Division located at 303 Main, Georgetown, Texas 78626.
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(c) A follow-up inspection will be conducted within one (1) Business Day of
fulfillment of the requirements listed in (a) and (b) above.
(d) The Food Establishment shall be placed on a thirty (30) day inspection
schedule until two (2) consecutive inspections result in a score of thirty
(30) or fewer demerits.
(3) Third failure. When a third failed inspection occurs within twelve (12) months
of the first failed inspection, an "UNSATISFACTORY" placard shall be posted
on the front door or front window, or if the Food Establishment does not have a
front door or front window, then upon a wall of the food service area inside the
Food Establishment and said placard shall be displayed in clear view to the public
and shall not be covered from sight, defaced or removed except by the Health
Official. The Person in charge shall be provided written notice of the intent of
WCCHD to permanently revoke the permit.
6.509 SUSPENSION AND REVOCATION OF PERMIT
(1) A permit to operate a Food Establishment may be suspended by the Health Official without
warning, notice, or hearing if the operation of the Food Establishment constitutes an
imminent hazard to public health; or upon violation by the holder of any of the terms of
this Section 6.500. Suspension is effective upon service of a written notice to the Person
in charge. When a permit is suspended, food operations shall cease immediately.
WCCHD may lift the suspension at any time, if it deems that the reasons for the
suspension no longer exist.
(2) The Regulatory Authority may, after providing opportunity for a hearing, revoke a permit
for serious or repeated violations of any of the requirements of this Section 6.500 or for
interference with the Regulatory Authority in the performance of its duties. Prior to
revocation, the Regulatory Authority shall provide written notice to the holder of the
permit or the Person in charge of the reason for which the permit is subject to revocation
and that the permit shall be revoked at the end of the five (5) working days following
service of such notice.
(3) The suspension or revocation notice shall include the procedure for appealing the
suspension or revocation. In the event the Health Official refuses a permit to an applicant,
or a permit is suspended or revoked by the Health Official, the applicant whose permit is
refused, or the holder of a permit which has been revoked or suspended, shall have the
right of appeal to the WCCHD Director by filing an appeal in writing with the WCCHD
Director within five (5) days from refusal to grant said permit, or receipt of the revocation
or suspension notice of said permit by the Health Official. Pending action on the appeal,
a permit which has been suspended or revoked, shall be considered suspended or revoked.
If a written appeal is not filed within five (5) days from refusal to grant a permit or receipt
of the written notice, the suspension, revocation or refusal to grant a permit shall be
sustained.
6.510 REINSTATEMENT OF PERMIT
Any Person whose permit has been suspended may at any time make application to the Health
Official for reinstatement of the permit. Such application shall contain a statement signed by the
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applicant to the effect that the violation of this Section 6.500 has been corrected. Within one (1)
week after the receipt of such application, the Health Official shall reinspect the applicant's Food
Establishment to determine whether the applicant is again complying with the requirements of this
Section 6.500, and shall reinstate the permit if the applicant is complying with this Section 6.500.
6.511 ENFORCEMENT INTERPRETATION
This section shall be enforced by the Health Official in accordance with the State Laws and Rules.
6.512 PENALTIES
In addition to any other penalties herein before provided and unless another penalty is in this
Section 6.500 provided, whoever shall do any act or thing required by the terms of this Section
6.500 or in anywise violate the provisions thereof, shall be fined as provided for in Section 1.600
of this Code of Ordinances.
It shall not be necessary for the complaint to allege or to prove that the act or omission was
knowingly done or omitted.
II.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at which
this Ordinance was adopted was posted and that such meeting was
open to the public as required by law at all times during which
this Ordinance and the subject matter hereof were discussed,
considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended.
READ and APPROVED on first reading this the �O day of
, 2003.
8
READ, APPROVED and ADOPTED on second reading this the
day of 911/
f
ST:
, 2003.
WE , Mayor
Cit sof Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secre
9
Date:
Subject:
Item:
June 20, 2003
City Council Meeting - June 26, 2003
*10.A.1.
Consider an ordinance amending Chapter 6, Section
6.500 of the Round Rock Code of Ordinances (1995
Edition) establishing a requirement of food handler
cards for food establishments by the Williamson
County & Cities Health District. (Second Reading)
Resource: Jim Nuse, City Manager
History: The Board of Health of Williamson County and Cities Health District
adopted a revised food order on November 7, 2002. The purpose of
this was to comply with state standards as established in the Texas
Food Establishment Rules (TFER), adopted on October 6, 1998.
This proposed ordinance for the cities of Williamson County is
similar to the order adopted by the Board of Health. The only
difference in the ordinance will be the requirement of food handler
cars by the cities. The Board of Health is restricted from adopting
this requirement.
Funding:
Cost:
Source of funds:
Outside Resources:
Impact/Benefit:
Public Comment:
Sponsor:
N/A
N/A
Williamson County & Cities Health District
Approval of this ordinance would allow uniform
enforcement throughout the entire county.
N/A
N/A