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Ord 092-99 9/7/1999ORDINANCE NO. q')-3 " C� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS; AMENDING THE CODE OF ORDINANCES AT CHAPTER 16, "FOOD AND FOOD ESTABLISHMENTS "; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS: SECTION 1. That Chapter 16 of the Code of Ordinances, "Food and Food Establishments," is hereby amended at Article I to read as follows: "Sec. 16-1. Ordinance adopted. The City of Wichita Falls adopts by reference the provisions of the current rules or rules as amended by the Texas Board of Health found in 25 Texas Administrative Code, Chapter 229, Sections 161 through 171 and 173 through 175 regarding the regulation of food establishments in this jurisdiction. Definitions 'Authorized agent or employee' mean the Environmental Health Division employees of the regulatory authority. 'Food establishment' means a food service establishment, a retail food store, a mobile food unit, and /or a roadside food vendor. 'Municipality' shall be understood to refer to the City of Wichita Falls. 'State rules' mean the state rules found at 25 Texas Administrative Code, Chapter 229, and Sections 161 through 171 and Sections 173 through 175. These rules are also known as the Texas Food Establishment Rules. 'Regulatory authority' means the Wichita Falls- Wichita County Public Health District." "Sec. 16 -2. Reserved." SECTION 2. That Chapter 16 of the Code of Ordinances, "Food and Food Establishments," is hereby amended at Article II to read as follows: "Sec. 16 -3. Required. A person may not operate a food establishment without a permit issued by the regulatory authority. Permits are not transferable from one person to another or from one location to another location, except as otherwise permitted by this ordinance. A valid permit must be posted in or on every food establishment regulated by this ordinance." "Sec. 16-4. Application. Any person desiring to operate a food establishment must make a written application for a permit on forms provided by the regulatory authority. The application must contain the name and address of each applicant, the location and type of the proposed food establishment and the applicable fee. An incomplete application 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." "Sec. 16 -5. To be issued after inspection. Prior to the approval of an initial permit or the renewal of an existing permit, the regulatory authority shall inspect the proposed food establishment to determine compliance with state laws and rules. A food establishment that does not comply with state laws and rules will be denied a permit or the renewal of a permit." "Sec. 16 -6. Compliance with article required; posting; term; fee. Only persons who comply with the requirements of this article shall be entitled to receive and retain a permit required by this article. Such permit shall be posted in a conspicuous place. Permits to operate mobile food service units shall expire December 31 of each year. All other permits issued hereunder remain in force one (1) year from the date of issuance unless revoked or suspended for noncompliance. The permit fee shall be paid annually in advance to the regulatory authority. The following fee schedule applies to permits issued under this ordinance: CATEGORY I Low risk $75.00 Those establishments that have no potentially hazardous foods (PHF), such as, but not limited to: Food warehouses Gift shops /seasonal food sales Limited convenience stores Bars with no food sales Continental breakfast Concession stand with no food preparation CATEGORY II Moderate risk $100.00 Those establishments serving only ready to eat (RTE) potentially hazardous foods or have limited preparation of foods, such as, but not limited to: Convenience stores with RTE, PHF Day Care providers that only serve RTE meals Ice cream trucks Snow cone trucks /stands /trailers Retail /wholesale grocery stores Concession stand with food preparation The fee will increase an additional $50 for each of the following extra services, such as, but not limited to: Meat market Deli Bakery Snack bar Fish market Catering CATEGORY III High risk $125.00 Those establishments preparing PHF served to a limited population, those establishments using disposable utensils and establishments with established Hazard Analysis Critical Control Point (HACCP) procedures, such as, but not limited to: Day care providers providing meals Halfway houses Sandwich shops /delis Single service restaurants Bakeries Commercial food processors Mobile food vendors The fee will increase an additional $50 for each of the following extra services, such as, but not limited to: Meat market Deli Bakery Snack bar Fish market CATEGORY IV Very high risk $150.00 Those establishments that have a high potential for cross - contamination or detailed food preparation, such as, but not limited to: Full service restaurants Cafeterias Buffet style service Caterers Meat markets The fee will increase an additional $50.00 for each of the following extra services, such as, but not limited to: Meat market Deli Bakery Snack bar Fish market Catering CATEGORY V Temporary events $20.00 Those events lasting no more than seven (7) consecutive days All temporary events sponsored or co- sponsored by the City of Wichita Falls shall be exempt from the payment of fees under this category." "Sec. 16 -7. Review of Plans. 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 regulatory authority 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 of materials of work areas, and the type and model of proposed fixed equipment and facilities. The regulatory authority shall approve the plans and specifications if they meet the requirements of the rules adopted by this ordinance. The approved plans and specifications must be followed in construction, remodeling or conversion. Failure to follow the approved plans and specifications will result in a permit denial, suspension, or revocation. " "Sec. 16 -8. Suspension of Permit. The regulatory authority may, without warning, notice, or hearing suspend any permit to operate a food establishment if the operation of the food establishment constitutes an imminent hazard to public health. A supervisor will confirm the hazard before suspension is effective when possible. Suspension is effective upon service of the notice required by this ordinance. When a permit is suspended, food operations shall immediately cease. Whenever a permit is suspended, the holder of the permit or the person in charge shall be notified in writing that the permit is, upon service of the notice, immediately suspended. Opportunity for a hearing will be provided if the holder of the permit files a written request with the regulatory authority within ten (10) days. Whenever a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing within twenty (20) days of receipt of a request for a hearing. If no written request for hearing is filed within ten days, the suspension is sustained. The regulatory authority may end the suspension at any time if reasons for suspension no longer exist." "Sec. 16 -9. Revocation of Permit. The regulatory authority may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the regulatory authority in the performance of its duties. Prior to revocation, the regulatory authority shall notify the holder of the permit or the person in charge, in writing, of the reason for which the permit is subject to revocation. The permit shall be revoked at the end of the ten (10) days following service of such notice unless a written request for a hearing is filed with the regulatory authority by the holder of the permit within such ten (10) day period. If no request for hearing is filed within the ten (10) day period, the revocation of the permit becomes final." "Sec. 16 -10. Administrative Process. A notice as required in these rules is properly served when it is delivered to the holder of the permit or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit. A copy of the notice shall be filed in the records of the regulatory authority. The regulatory authority shall conduct the hearings provided for in these rules at a time and place designated by it. Based upon the recorded evidence of such hearing, the regulatory authority shall make final findings, and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit by the regulatory authority." SECTION 3. That Chapter 16 of the Code of Ordinances, "Food and Food Establishments," is hereby amended at Article III to read as follows: "Sec. 16 -11. Certificate Required. It shall be unlawful for any person to accept employment in any food service establishment, retail food store or mobile food unit, as defined in this chapter, without securing from the health district a food handler's training certificate. It shall be unlawful for any person, firm, corporation, or organization operating or managing any food related establishment as defined in this chapter to employ a person as a food handler unless that person has obtained a food handler's training certificate." "Sec. 16 -12. Same - Application. Any person who is required to have a food handler's training certification under this article shall make application to the regulatory authority. Such applicant shall be required to attend a course in sanitation and the handling of food, at a school, which is approved for this purpose by the regulatory authority." "Sec. 16 -13. Food Handler's Training Certification. When an applicant for a certificate required by this article makes application to the regulatory authority, a temporary card will be issued, good for thirty (30) days. Upon completion of the school, the regulatory authority may issue a food handler's training certificate, which shall expire two (2) years from the date of the food handler's certificate application. The fourth consecutive food handler's training certificate shall become permanent, and attending future food handlers school or paying a fee is not required." "Sec. 16 -14. Fee. A fee of ten dollars ($10.00) shall be charged by the health district for providing the school, completing the certificate and maintaining records." "Sec. 16 -15. Records to be Kept. It shall be the duty of the regulatory authority to provide for the keeping of a permanent record, together with the date of issuance of all permanent food handler's certificates issued to a person under provision of this article. All other food handler's certificate records shall be kept for a period of not less than five (5) years." "Secs. 16 -16 -- 16 -17. Reserved." SECTION 4. That Chapter 16 of the Code of Ordinances, "Food and Food Establishments," is hereby amended at Article IV to read as follows: "Frozen Desserts." "Sec. 16 -18. Definitions. Frozen desserts. A frozen dessert is any form of a partially frozen combination of two (2) or more of the following: milk or milk products, edible oil or fat, eggs or egg products, sugar, water, fruit or fruit juices, flavoring, candy, coloring, or stabilizer, and shall include but not be limited to soft -serve desserts, ices, novelties, or other similar products. Novelties: Novelties shall conform in all respects to the definition of a frozen dessert herein before set forth except that novelties are frozen in molds or in combination with cones and may or may not be coated with chocolate or other confections. Soft - serve: Soft -serve is the frozen combination of two (2) or more ingredients used in the manufacture of frozen desserts, with or without fruit, fruit juices, candy, nuts, meats, flavoring or coloring. Soft -serve mix: Soft -serve mix is the unfrozen combination of two (2) or more ingredients used in the manufacture of frozen desserts. Mobile unit: The term "mobile unit" shall be taken to mean any vehicle or temporary establishment that shall travel from place to place in which a frozen dessert is manufactured and /or sold in packages. Commissary. The term "commissary" shall mean any place, premises or establishment in which frozen desserts are manufactured or stored, for the servicing of one (1) or more mobile units and where facilities are provided. Laboratory. A laboratory is a biological, physical or chemical laboratory which is under the supervision of the state or local health authority." "Sec. 16 -19. Training Provided. The regulatory authority will provide training at least four (4) times a year demonstrating proper cleaning procedures of frozen desert machines. Each permitted establishment must have at least one employee attend one (1) class a year to retain their permit. There will not be a charge for the training." "Sec. 16 -20. Permits Required. It shall be unlawful for any person who does not possess a valid permit from the regulatory authority to sell, store, or offer for sale any frozen dessert." "Sec. 16 -21. Same - Application, fees, compliance. Every individual, partnership or corporation that sells, holds or intends to sell frozen desserts to the public shall make application in writing to the regulatory authority for a permit to distribute, sell or offer for sale frozen desserts in the City of Wichita Falls. A fee of fifty ($50.00) shall be paid to the regulatory authority in advance with the application. Only persons who comply with the requirements of this article shall be entitled to receive and retain a permit. Such permits shall be posted in conspicuous places. All permits issued hereunder shall remain in force for one (1) year from the date of issuance unless revoked or suspended for noncompliance, except that mobile unit permits will expire December 31 of each year." "Sec. 16 -22. Suspension, reinstatement. A permit, as required by this article, may be suspended by the regulatory authority upon the violation by the holder of any of the terms of this article. Any person whose permit has been suspended shall immediately discontinue operation of the frozen dessert unit/establishment until the defects that caused the suspension have been corrected. Following correction, the applicant may request reinstatement of the permit by the health authority. The regulatory authority may require the permit holder to demonstrate proper cleaning procedures and maintenance of the equipment before reinstating the permit." "Sec. 16 -23. Examination of products and ingredients. At least three (3) samples of the soft -serve mix and three samples of the frozen soft -serve product shall be sampled yearly by the regulatory authority from each establishment/machine operated by the permit holder. Each sample will be submitted to an approved laboratory for bacteriological analysis of its contents. Bacteria and Temperature Standards for Frozen Desserts Frozen Desserts Temperature Standard Plate Count Total Coliform Frozen desserts 410 F 200,000 ml 150 /ml Novelties 410 F 200,000 ml 150/ml Soft -serve 410 F 200,000 ml 150/ml If any of the samples collected from the establishment/machine are not within the aforementioned standards, then additional samples will be collected along with an inspection of the equipment to determine the reason, if any, for the violation of the standards. Two (2) consecutive samples which laboratory analysis determine to be not within the limits of the standards will result in suspension of the permit to operate the establishment/machine." "Sec. 16 -24. Possessing or receiving from manufacturer who does not have a permit. It shall be unlawful for any person to receive into the city, for sale, or to offer for sale therein, or to have in storage, ice cream mix, or frozen dessert mix without first applying for a permit from the through the regulatory authority." "Sec. 16 -25. Labeling. All frozen dessert products that are not sold at the point of manufactured origin must be properly labeled according to current FDA guidelines. "Sec. 16 -26. Construction of frozen dessert establishments and retail mobile units. The facilities where frozen desserts /soft -serve are prepared and /or sold shall be constructed and maintained as set forth in the Texas Food Establishment Rules (TFER). "Sec. 16 -27. Reserved." "Sec. 16 -28. Penalties. A violation under this section is a Class C misdemeanor, punishable by a fine not to exceed $2,000. In addition thereto, such person may be enjoined from continuing such violations. Each day upon which such a violation occurs constitutes a separate violation." SECTION 5. It is the intention of the City Council of the City of Wichita Falls, Texas, that the provisions of this ordinance shall become a part of the Code of Ordinances of the City of Wichita Falls, Texas, and that sections of this ordinance may be renumbered or relettered to accomplish such intention. SECTION 6. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the 7th day of September 1999. ATTEST: ONt�� City Clerk ORDINANCE NO. 88-99 Affidavit of Publication ORDINANCE REZON- ING 2206 BROOK FROM THE STATE OF TEXAS LIMITED COMMER- C I A L TO c N D l- TIONED GENERAL COUNTY OF WICHITA #1034470 COMMERCIALZON- ING; DETERMINING 9 Here) THAT THE MEETING I AT WHICH THIS ORDI- NANCE 4 5th October 1999 WAS PASSED 4 On this day of WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW ORDINANCE NO. 89-99 A.D............. personally appeared before me, the undersigned authority ORDINANCE REVrRS- ING A DECISION OF Kathy Salan THE PLANNING AND bookkeeper ZONING COMMISSION AND ALLOW I N G A for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls CARPORT WITHIN THE FRONT 25 -FOOT Times /Record News, a newspaper published at Wichita Falls in Wichita County, SETBACK AT 1400 REDBUD LANE; DE- TERMINING THAT Texas, and upon being duly sworn by me, on oath states that the attached THE MEETING AT WHICH THIS ORDI- advertisement is a true and correct copy of advertising published NANCE TO`rHE One (1) WAS PUBLIC AS REQUIRED 'n issues thereof on the following dates: BY LAW ORDINANCE NO. 90-99 ORDINANCE MAKING AN APPROPRIATION IN THE SECTION 8 HOUSING ASSISTANCE F U N D I N T H E AMOUNT OF $189,708 FOR ADDITIONAL GRANT REVENUE RE- CEIVED FROM THE HOUSING AND URBAN DEVELOPMENT DE- PARTMENT; DETER- MINING THAT THE (SEAL) MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS RE- QUIRED BY LAW ORDINANCE NO.91 -99 ORDINANCE MAKING AN APPROPRIATION TO THE SPECIAL REV- ENUE FUND FOR AD- DITIONAL GRANT TIES. LEWIS REVENUE RECEIVED '-AFYPUBLIC FROM TEXAS DE- fEOFTEXAS P A R T M E NT OF sslsn ExFk"- 5•'17 -W HEALTH; DETERMIN- ING THAT THE MEET- ING AT WHICH THIS " ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS RE- QUIRED BY LAW ORDINANCE NO. 92-99 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEX- AS; AMENDING THE CODE OF ORDINANC- ES AT CHAPTER 16, "FOOD AND FOOD ESTABLISHMENTS "; PROVIDING FOR IN- CLUSION IN THE CODE OF ORDINANC- ES; FINDING AND DE- TERMINING THAT THE MEETING AT WHICH THIS ORDI- NANCE WAS PASSED WAS OPEN TO -THE PUBLIC AS REQUIRED BYLAW October 3, 1999 ' z"J" Bookkeeper for T' es Publishing Company of Wichita Falls Subscribed and sworn to before me this the day and year first above written: