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O-86-2239 - 6/26/1986ORDINANCE NO. 2239 AN ORDINANCE PRESCRIBING REGULATIONS FOR ALL FOOD ESTABLISHMENTS IN THE CITY OF ROUND ROCK, TEXAS, DEFINING CERTAIN WORDS AND PHRASES USED IN THIS ORDINANCE; PROVIDING FOR ISSUANCE BY THE WILLIAMSON COUNTY HEALTH DEPARTMENT OF PERMITS FOR OPERATION OF FOOD ESTABLISHMENTS AND PRESCRIBING FEES FOR SUCH PERMITS; AUTHORIZING THE HEALTH OFFICIAL TO MAKE INSPECTIONS OF FOOD ESTABLISHMENTS PRESCRIBING SANITATION REQUIREMENTS FOR FOOD ESTABLISHMENTS; ADOPTING REQUIREMENTS FOR FOOD HANDLER REGISTRATION; ADOPTING THE REQUIREMENTS OF THE TEXAS DEPARTMENT OF HEALTH REGULATING EATING AND DRINKING ESTABLISHMENTS PRESCRIBING PENALTIES FOR VIOLATIONS OF PROVISIONS OF THIS ORDINANCE; PROVIDING A SAVING CLAUSE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS ARTICLE I That Chapter 6, Code of Ordinances, City of Round Rock, Texas, is hereby amended by adding to Chapter 6 a new Section 5: REGULATION OF FOOD ESTABLISHMENTS which shall read as follows: PHRASES DEFINED A. DEFINITIONS The following definition shall apply in the interpretation and enforcement of this Ordinance. 1. Food Establishments The term "food establishments" shall mean coffeeshop, cafeteria, short order, short order cafe, luncheonette, day care center, tavern, sandwich stand, soda fountain, and all other eating or drinking establishments, as well as kitchens or other places in which food or drink is prepared for sale elsewhere, or a retail food outlet. 2. Temporary Food Establishment The term "temporary food establishment" shall mean a food establishment operating for a temporary period in connection with a fair, carnival, circus, public exhibition, or other similar gathering. Non-profit fund raising events and related establishments which are open for business for a period of time no longer than two (2) days consecutively are exempt from this definition. 3. Food Handier The term "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 a room in which food or drink is prepared or served. 4. Utensils "Utensils" shall include kitchenware, tableware, glassware, cutlery, utensils, containers, or other equipment with which food or drink comes in contact during storage, preparation or serving. 5. Health Official The term "health official" shall mean the authorized representative of the Williamson County Health Department. 1 6. Person The word "person" shall mean person, firm, corporation, or association. 7. Plumbing Ordinance The term "plumbing ordinance" shall mean the plumbing ordinance now in force in the City of Round Rock, Texas, and all amendments thereto. PERMITS, FEES, APPEALS, ETC. B. PERMITS AND APPEALS 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 Williamson County Health Department. The health official shall be, and is hereby, authorized to issue permits to any 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 Ordinance shall be entitled to receive and retain such permit. Such permit may be revoked or suspended by the health official upon violation by the holder of any of the terms of this Ordinance. In the event the health official refuses a permit to an applicant, or a permit is suspended or revoked by the health official, as hereinafter provided, the applicant whose permit is refused, or the holder of a permit which has been revoked or suspended, after complying with such revocation, shall have the right of appeal to the City Council within five (5) days by filing an appeal in writing with the City Council within five (5) days from refusal to grant said permit, or the revocation or suspension 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. C. FEES The following application and permit fees shall be required under the terms of this Ordinance. Every person who may desire to operate a food establishment in the City of Round Rock, Texas, shall make application to the Williamson County Health Department, upon forms prescribed and furnished by the Williamson County Health Department for a permit. Upon filing of such application, the health official shall make or cause to be made an inspection of the premises and the conduct of such business come within the requirements of this Ordinance, the health official shall approve said application; whereupon, the applicant shall pay to the Williamson County Health Department the fee of Fifty and No/I00 ($50.00) Dollars if such application be made before the first day of July of any calendar year, or the sum of Twenty -Five and No/I00 ($25.00) Dollars if such application be made after the first day of July of any calendar year; and thereupon such application shall receive a permit in writing for the operation of the food establishment described in the application. Every such operation of the food establishment described in the application. Every such permit shall be non -transferable, shall permit the operation of a food establishment only at that location for which granted and shall expire at midnight on the 31st day of December of the calendar year in which the permit is issued. Such permit shall be posted in a conspicuous place in the food service area of the food establishment at all times. D. INSPECTION OF FOOD ESTABLISHMENTS At least once every three (3) months the health official shall inspect every food establishment located within the City of 2 Round Rock, Texas. 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. 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. E. SECOND VIOLATION In case the health official discovers a violation of an item of sanitation, he shall immediately notify the permit holder thereof, and shall make a second inspection after the lapse of such time as the health official deems necessary for the defect to be remedied, and shall use the second inspection determining compliance with the requirements of this ordinance. Any violation of the same item of this Ordinance of such second inspection shall be grounds for immediate suspension of the permit. Based upon the results of the inspection the health official shall post a Certificate of Grade, stating "APPROVED", or "UNSATISFACTORY", upon a wall of the food service area inside the food establishment and said inspection report shall be displayed in clear view to the public and shall not be defaced or removed except by the health official; he shall file one copy of the inspection report with the records of his office. The UNSATISFACTORY Certificate of Grade shall only be used in the event of prolonged or repeated violations after numerous written warnings, or immediately for violations which involve an immediate threat of foodborne illness or food contamination. If the UNSATISFACTORY Certificate of Grade is to be posted for reasons other than an immediate threat of foodborne illness or food contamination the posting should not occur on the same day as the inspection. A final verbal and written warning should be given that the UNSATISFACTORY Certificate of Grade will be posted on the following day if the establishment is not voluntarily closed until compliance is achieved, or if compliance is not achieved and the establishment remains open. Authorization for placement of an UNSATISFACTORY Certificate of Grade must come from the Chief of Environmental Services, Williamson County Health Department. F. REINSTATEMENT 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 applicant to the effect that the violation of this Ordinance 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 Ordinance, and shall reinstate the permit if the applicant is complying with this Ordinance. G. SANITATION REQUIREMENTS FOR FOOD ESTABLISHMENTS Every food establishment shall comply with all of the following items of the sanitation: 1. Floors The floors of all rooms in which food or drink is stored, prepared, or served, or in which are washed, shall be of such construction as to be easily cleaned, and shall be kept clean and in good repair. 3 2. Walls and Ceilings Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of rooms in which food or drink is stored or prepared shall be finished in light color, if separate from room or rooms in which food or drink is served; all compartments or sections in which food or drink is prepared or stored shall be finished in light color if in the same room in which food or drink is served. The walls of all rooms in which food or drink is prepared or utensils are washed shall have a smooth, non-absorbent, washable surface. 3. Doors and Windows All openings into the outer air shall be screened in such a manner as to prevent the entrance of flies into the food establishment unless other means which prevent the entrance of flies are provided. 4. Lighting All rooms in which food or drink is stored or prepared, or in which utensils are washed, of artificial light, or the equivalent natural light, on all working surfaces in rooms in which food or drink is stored or prepared, or in which utensils are minimum of four (4) foot candles at a distance of thirty (30) inches from the floor in storage room, shall be deemed to comply with this item. Light fixtures in food preparation areas must have protective covers. 5. Ventilation All rooms in which food or drink is stored, prepared, or served, or in which utensils are washed, shall be well ventilated. 6. Toilet Facilities Every food establishment shall be provided with toilet facilities located on the premises for its employees. Toilet facilities shall conform with the plumbing ordinance of the City of Round Rock. Toilet rooms shall be kept in a clean condition and in good repair and shall be well lighted and have outside ventilation. The doors of all toilet rooms shall be self-closing. Signs directing employees to wash their hands before returning to work shall be posted in each toilet room used by the food handlers. All food establishments for which a new permit is requested at any time six (6) months after the effective date of this Ordinance will be required to have separate toilet facilities for each sex, and the toilet rooms of such food establishments shall not open directly into any room in which food, drink or utensils are handled or stored. 7. Water Supply Hot running water under pressure shall be easily accessible to all rooms in which food is prepared or utensils are washed; the water supply shall be ample in quantity to insure proper cleaning of floors, equipment and utensils, and shall be safe for human consumption, and be from an approved source. 8. Lavatory Facilities 4 Separate hand -washing facilities, including hot and cold running water, soap, and individual cloth or paper towels, shall be provided in the food preparation area of every food establishment. The use of a common towel is prohibited. No food handler shall resume work after using the toilet room without first washing his hands. Sinks used for food preparation or for washing equipment or utensils shall not be used for hand washing. 9. Construction of Utensils and Equipment All multi -use utensils and all show and display cased or windows, counters, shelves, tables, refrigerating equipment, sink and other equipment or utensils used in connection with the operation of a food establishment shall be so constructed as to be easily cleaned and shall be kept in good repair. 10. Cleaning and Bactericidal Treatment of Utensils and Equipment (1) All equipment, including display cases, or windows, counters, shelves, tables, refrigerators, stoves, hoods, and sinks shall be kept clean and free from dust, dirt, insects, and other contaminating substances. All clothes used by food handlers, shall be cleaned daily. Single -service containers and utensils shall be used only once. (2) The provisions of Vernon's Civil Statutes 4476-5 and Texas Department of Health, "Rules for Food Service Sanitation" passed before the enactment of this Ordinance are adopted as a portion of this Ordinance so far as applicable. (a) Tableware shall be washed, rinsed, and sanitized after each use. (b) To prevent cross -contamination, kitchenware and food -contact surfaces of equipment shall be washed, rinsed, and sanitized after each use and following any interruption of operations during which time contamination may have occurred. (c) Where equipment and utensils are used for the preparation of potentially hazardous foods on a continuous or production -line basis, utensils and the food -contact surfaces of equipment shall be washed, rinsed, and sanitized at intervals throughout the day on a schedule based on food temperature, type of food, and amount of food particle accumulation. (d) The food -contact surfaces of grills, griddles, and similar cooking devices and the cavities and door seals of microwave ovens shall be cleaned at least once a day; except that this shall not apply to hot -oil cooking equipment and hot -oil filtering systems. The food - contact surfaces of all cooking equipment shall be kept free of encrusted grease deposits and other accumulated soil. (e) A three -compartment sink shall be used if washing, rinsing, and sanitizing of utensils and equipment is done manually; provided that existing establishments not having a three -compartment sink that can demonstrate an acceptable procedure for washing, rinsing, and sanitizing utensils and equipment may be exempt from this requirement by the regulatory authority. Sinks shall be large enough to permit the complete immersion of the utensils and equipment, and each compartment sink shall be supplied with hot and cold potable running water. A Two-compartment sink will be acceptable where 5 only single -service tableware is used. Suitable equipment shall be made available if washing, rinsing and sanitizing cannot be accomplished by immersion. (f) The food -contact surfaces of all equipment and utensils shall be sanitized by: (a) immersion for at least one-half minute in clean, hot water at a temperature of at least 170 degrees Fahrenheit (77) degrees centigrade); or (b) immersion for at least one minute in a clean solution containing at least 50 parts per million of available chlorine as a hypochlorite and a temperature of at least 75 degrees Fahrenheit (24 degrees centigrade); or (c) immersion for at least one minute in a clean solution containing at least 12.5 parts per million of available iodine and having a ph not higher than 5.0 and a temperature of at least 75 degrees Fahrenheit (24 degrees centigrade); or (d) immersion for at least one minute in a clean solution containing chlorine and bromine made up at a strength of 25 parts per million total available halogen at a temperature of not less than 75 degrees Fahrenheit (24 degrees centigrade), and not to be used after its strength has been reduced below 12.5 parts per million; or (e) immersion in a solution containing an approved quaternary ammonium compound (Q.A.C.) at a strength for a period of time as stated on the product's officially approved label. Quaternary ammonium compounds refers to products approved and registered with the U.S. Environmental Protection Agency; or (f) immersion in a solution containing acid sanitizer compounds at a strength and for a period of time as stated on the product's officially approved label. Acid sanitizer compounds refers to products approved and registered with the U.S. Environmental Protection Agency; or (g) immersion in a clean solution containing any other chemical sanitizing agent approved by the Texas Board of Health that will provide the equivalent bactericidal effect of a solution containing at least 50 parts per million of available chlorine as a hypochlorite at a temperature of at least 75 degrees Fahrenheit (24 degrees centigrade) for one minute; or (h) treatment with steam free from harmful materials or additives in the case of equipment too large to sanitize by immersion, but in which steam can be confined; or (i) rinsing spraying or swabbing with a chemical sanitizing solution of at least twice the strength required for that particular sanitizing solution under subsection (3)(E)(vii) of Section (a) of this rule, in the case of equipment too large to sanitize by immersion. (j) When hot water is used for sanitizing, the following facilities shall be provided and used: (i) an integral heating device or fixture installed in, on, or under the sanitizing compartment of the sink capable of maintaining the water at a temperature of at lease 170 degrees Fahrenheit (77 degrees centigrade); (ii) a numerically scalled indicating thermometer, accurate to plus or minus three degrees Fahrenheit, convenient to the sink for frequent checks of water temperature; and (iii) dish baskets of such size and design to permit complete immersion of the tableware, kitchenware, and equipment in the hot water. (k) When chemicals are used for sanitization, a test kit or other device that accurately measures the parts -per -million concentration of the solution shall be provided and used. (1) Cleaning and sanitizing may be done by spray -type or immersion dishwashing machines or by any other type of machine or device if it is demonstrated that it thoroughly cleans and sanitized equipment and utensils. These machines and devices shall be operated in accordance with manufacturers' instructions, and utensils and equipment placed in the machine shall be exposed to all dishwashing cycles. Automatic detergent 6 dispensers, wetting agent dispensers, and liquid sanitizer injectors, if any, shall be properly installed and maintained. No other means of bactericidal treatment may be used unless approved by the health official. The health official is hereby authorized to issue rules approving the use of other equally effective bactericidal processes but he shall approve only such processes as effectively destroy pathogens organisms and do not adversely affect the equipment or the food or drink or the health of the consumer. (3) Every vat used for washing, rinsing and sterilizing of utensils and other food establishment equipment as required under State law shall be connected with the public sanitary sewer system, when available, in the manner prescribed by the plumbing -ordinance of the City of Round Rock and shall be provided with hot running water under pressure. (4) Whoever shall do any act or thing prohibited, or neglect, or refuse to do any act or thing required by this item (Item 10) or in any way violate any provisions thereof, shall be fined any amount not less than Five and No/100 ($5.00) Dollars nor more than One Hundred and NO/100 ($100.00) Dollars. 11. Storage and Handling of Utensils and Equipment After bactericidal treatment, utensils shall be stored in a clean, dry place, protected from flies, dust and other contamination, and shall be handled in such manner as to prevent contaminmation as far as practicable. Single -service utensils shall be purchased only in sanitary containers, shall be stored therein in a clean, dry place until used and shall be handled in a sanitary manner. 12. Disposal of Wastes All wastes shall be disposed of in a sanitary manner and in accordance with the provision of the plumbing ordinance and all garbage and trash shall be kept in covered receptacles conforming with the requirements of the garbage ordinance of the City of Round Rock, Texas, and all amendments 13. Wholesomeness of Food and Drink All food and drink shall be clean and wholesome, free from spoilage, and so prepared as to be safe for human consumption. No food establishment shall serve any milk, milk fluid products, ice cream or other frozen desserts unless such products have been obtained from an approved source. Milk and fluid products, except cream, shall be served in the individual original containers in which they were received from the distributor or from a bulk container equipped with a dispensing device approved by the health official. Cream may be served from the original bottle or from a dispenser. Ali potentially hazardous foods must be held at temperatures higher than 140 degrees F, or lower and 45 degrees F. All food must be prepared within the enclosed portion of the premises. No food shall be prepared outdoors. 14. Storage, Display and Service of Food and Drink All food and drink shall be so rated, stored, displayed and served as to be protected from dust, flies, vermin depredation, and pollution by rodents, unnecessary handling, droplet infection, overhead leakage, and other 7 contamination. No live animals or live fowls (seeing - eye dogs actually used by a blind person excluded) shall be brought into or kept or allowed in any room in which food or drink is prepared, stored, or served. The food establishment must be free of flies, roaches, and rodents. 15. Cleanliness of Employees A11 employees shall wear clean outer garments and shall keep their hands clean at all times while engaging in handling food, drink, utensils, or equipment; employees shall not eat, expectorate or use tobacco in any form in rooms in which food is prepared. Fingernails must be clean and closely clipped. 16. Miscellaneous The premises of all food establishments shall be kept clean and free of litter or rubbish. In so far as practicable, dustless methods shall be employed in sweeping all floors. None of the operations connected with a food establishment shall be conducted in any room used as living or sleeping quarters or in any room opening directly into any such living or sleeping quarters. Lockers or dressing rooms on the premises shall be provided For employees' clothing and shall be kept clean. Soiled linens, coats, and aprons shall be kept in containers provided for this purpose. 17. Temporary Food Establishments The sanitation requirements set out on this Section 7, Items 1 to 16, both inclusive, shall be applicable to temporary food establishment food establishments. The City Health Official is authorized to make such inspections of establishments he may deem necessary for the protection of public health and to require such compliance with provisions of this Ordinance as will in his judgement safeguard the public health. No temporary food establishment food establishment shall be operated for a longer period than ten (10) days in any calendar year, and any operation for a longer period than ten (10) days shall subject such temporary food establishments to all the provisions requiring permits, permanent installations, prescribed equipment, and specifications for floors, screens, and all other improvements. 18. Registration of Food Handlers It shall hereafter be unlawful for any person, firm, corporation, or association managing or conducting any food establishment where food or drink or containers of any kind is manufactured, transferred, prepared, stored, packed, served, sold or otherwise handled, to work or employ and food handler until regulations and all city ordinances now or hereafter enacted and all provisions of this ordinance are complied with and until such food handler has received a food handler's registration certificate from the Williamson County Health Department which is valid at the time of such employment. 19. Cashiers Cashiers shall wash their hands prior to handling food, drinks, utensils or equipment. Food handlers who handle money shall wash their hands before they handle food, drinks, utensils or equipment again. 8 (1) Issuance of Registration Certificates and Payment of Fees. The Williamson County Health Department shall issue food handler's registration certificates to food handlers who satisfactorily pass the tests hereinafter described, which certificates shall be valid for the length of time hereinafter specified and shall be required to be renewed as hereinafter stated. A fee to cover the cost of processing will be charged by Williamson County Health Department. (2) Orientation and Examination of Applicant No food worker's registration card shall be issued by the Williamson County Health Department to any person required by law or by this article to have or exhibit such certificate until the applicant shall have met the following requirements: (a) Complete an orientation in basic food health principles, for either food establishment or grocery store employees as appropriate, under the supervision of the Director, Williamson County Health Department. Each orientation will be designed to be applicable to employees of food establishments and taverns or grocery stores respectively. The schedule, time and location of orientation sites will be announced by the Director, Williamson County Health Department. The primary emphasis on this orientation will be directed toward the food workers' behavior when working in a public food establishment rather than extensive training which is the responsibility of each food service manager. (b) Complete a personal health questionaire and if deemed necessary by the Director, Williamson County Health Department, submit to screening tests or a physical examination either by Health Department Staff or by a private physician licensed by the State of Texas. A written report of such examination shall be returned to the Williamson County Health Department for evaluation and filed prior to any issuance of a food worker's registration certificate to the applicant involved. (c) Upon completion of the prescribed orientation and the necessary medical and administrative processing, each individual will be issued a Food Handler Registration Certificate which will have displayed at the place of employment and left posted in a conspicuous place in the place of employment while off duty. (d) Managers, assistant managers, shift supervisors and other foodservice personnel who have completed manager's certification will not be required to comply with the provisions of this article. (e) Currently issued food worker registration certificates in the hands of employees below supervisory level will be considered valid until expiration. (f) This requirement of the registration process may be waived at the discretion of the Director, Williamson County Health Department, provided the establishment applies for the waiver in writing, has in-service employee training in basic hygiene and food sanitation and otherwise meets the Director's requirements as to frequency, type of training and instructor qualifications. When such waivers are granted, the manager of the establishment will be notified in writing of such approval. Retention of this waiver, when granted, will be subject to maintaining acceptable 9 standards of training and sanitation within the establishment. (3) Actual Issuance and Effective Period of Food Handler's Registration Certificate. After the above has been accomplished, the applicant shall thereupon be issued a food handler's registration certificate by said Williamson County Health Department, which shall be valid twelve (12) months from the time oF issuance. Each such certificate must be renewed by each such applicant each twelve (12) months by the same procedure as outlined above. ENFORCEMENT, PENALTIES, REPEAL, ETC. H. Enforcement Interpretation This accordance Department Ordinance shall be enforced by the health official in with the "Rules for Food Service Sanitation", Texas of Health. 1. Penalties In addition to any other penalties herein before provided and unless another penalty is in this Ordinance provided, whoever shall do any act or thing required by the terms of this Ordinance, or in anywise violate the provisions thereof, shall be fined not less than Twenty -Five and No/100 ($25.00) Dollars nor more than Two Hundred and No/I00 ($200.00) Dollars. It shall not be necessary for the complaint to allege or to prove that the act or omission was knowingly done or omitted. J. Repealing Clause All ordinances and parts of Ordinances in conflict with this Ordinance are hereby expressly repealed in so far as the same are in conflict with this Ordinance. K. Unconstitutionality Clause If any section, sub -section, sentence, clause, phrase, or provision of this Ordinance be held unconstitutional or invalid by the courts, such a decision shall not effect the validity of any of the remaining portions of this Ordinance; it being the legislative intent that this Ordinance shall stand not withstanding the invalidity of any part. L. Passage the By reason of the fact that the City Council considers passage of this Ordinance necessary for the immediate preservation of public business property, health and safety of said City, it is hereby declared to be an emergency demanding that the rule requiring ordinances to be read than one meeting of the City Council be suspended Ordinance effective immediately from and after its measure, at more and that passage. this A. All ordinances, parts or ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other section or provisions thereof. il ct..., READ and APPRQVoED on first reading this the ,.--- day of READ, APPROVED and ADOPTED on second reading this the day of , 19 JY0 10 ATTEST: NNE LAND, City Secretary MIKE ROBINSON, Mayor City of= Round Rock, Texas II