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Ord 2060 12/9/1963 ORDINANCE NO. 2060 AN ORDINANCE PROVIDING FOR PERMITS FOR INSPECTION OF FOOD ESTABLISHMENTS BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: SECTION I . DEFINITIONS. The following definitions shall apply in the interpretation of the enforcement of this ordinance . 1. FOOD PRODUCTS. All matters intended for human consumption, whether simple , a mixture , or compound . 20 FOOD ESTABLISHMENT. Shall mean any place where food products are kept , stored, manufactured, prepared, handled, sold, or offered for sale , either at wholesale or retail, and shall include, but not be limited to , the following types of establishments: ( a) Bakery. "Bakery" means all buildings , rooms or places used or occupied for the purpose of making, preparing or baking of bread, biscuits , pastry, pies , cakes , doughnuts , crullers , noodles , macaroni , spaghetti , tortillas , crackers , rolls , or any other product whose main ingredient is meal or flour , to be sold or consumed on or off the premises, except private residences , wherein such products are prepared to be used and are used exclusively on the premises. (b) Confectionery. "Confectionery" means an establishment in which is carried on the process of mixing, compounding, cooking, or manufacturing for sale any candies, confections , sweet meats , or any other product of which sugars, molasses , syrup or their derivatives are the principal ingredients. ( c) BottledBeverage Plants : "Bottled beverage plants" means any establishment in which is carried on the process of mixing, com- pounding, carbonating, bottling, or manufacturing any non-alcoholic bottled beverages, fruit juices , or compositions , plain or carbonated, of which water and sugar are principal ingredients and which may or may not contain preservatives , artificial flavoring or artificial colors . This definition includes bottled drinking water .nd ice plants . ( d) Restaurant. The term "restaurant" shall mean restaurant, coffee shop, short-order cafe, cafeteria, luncheonette , tavern, sand- wich stand, soda foz-ntain, and all other eating or drinking establish- ments , as well as kitchens or other places in which food or drink is prepared for sale elsewhere. ( e) Itinerant Restaurant. The term "itinerant restaurant" shall mean a restaurant operating for a temporary period in connection with a fair , carnival, circus , public exhibition or other similar gathering. (f) Food Processor . "Food processor" means any wholesale or retail establishment in which is carried on the processing or manufac- turing of any food products . (g) Food Jobber . "Food jobber" shall mean any wholesale establishment in which food products not manufactured on the premises are offered for sale for human consumption: (h) Food Market. "Food market" shall mean any establishment other than a restaurant engaged in the business of selling food pro- ducts at retail. This definition shall apply whether all or part of the goods sold constitute food products. - 2 - (i) Meat Market . "Net market" shall mean any retail estab- lishment other than a restaurant that offers for sale meat food products of any kind. Meat shall be considered to mean poultry, the flesh of any animal, fish or other sea foods , fowls , reptiles , etc. ( j) Refrigerated Warehouse . "Refrigerated warehouse" shall mean a place artificially or mechanically cooled to or below a tempera- ture of 45°F in which food other than fresh unprocessed fruits and vege- tables are placed and held for 30 days or more, except a restaurant, food market, or home with refrigerated space exclusively for its own use. (k) Meat Slaughter Plants . "Meat slaughter plants" shall mean any establishment where animals are actually slaughtered and pro- cessed for human consumption. ( 1) Locker Plant. "Locker plant" means any refrigerated storage, warehouse , or the portion thereof which provides separate indi- vidual lockers, cabinets , boxes, baskets , or other receptacles for the storage of food for home or personal use only, and not for the purpose of sale . (m) Food Peddlers . "Food peddlers" means any person who sells , offers for sale , or gives away from any wagon, pushcart, or similar ve- hicle on the public streets , alleys , sidewalks , or thoroughfares any food products. 3. MANUFACTURING. Manufacturing shall mean the process of treating, compounding , blending, cooking, baking, packaging, pasteurizing, bottling or other methods of preparing food products for sale for human consump- tion. 40 PERSON . Shall mean person, firm, corporation or association. 5. EMPLOYEE. The term "employee" shall mean any person who handles food during preparation, manufacturing, or serving, or who comes in contact with any utensils , or who is employed in a room where food is prepared, manufactured or served. 6. HEALTH OFFICER. Shall mean the Director of the Wichita Falls - Wichita County Health Unit or his authorized representative . SECTION II . SCOPE. This ordinance shall not apply to any person whose activity falls within the scope of the ordinances regulating the plocessing of milk, milk products, frozen desserts , meat and poultry slaughtering plants and schools . SECTION III , PERMITS REQUIRED. Item 1. It shall be unlawful for any person in any way or manner to engage in, conduct, or operate a food establishment in the City of Wichita Falls without first having applied for and received a permit to do so, from the Health Officer as herein provided. No food establishment shall be permitted to open, operate or conduct business unless detailed plans and specifications of proposed construction, additions , or major alterations have been submitted to and approved by the Health Officer, Following approval of the plans , the person shall be issued an application for a permit . Item 2. Such application for a permit shall be filed with the City Health Officer on a form furnished by the Health Department and shall contain such information as the Health Officer may require for the pur- 1 pose of said application and shall pay therefor to the City Clerk of the City of Wichita Falls , in advance with the application, a permit fee of $10. 3 Item 3. Upon receipt of such application the City Health Officer shall cause an inspection to be made of the premises where , and equip- ment with which such applicant carried on, or intends to carry on the business for which this permit is sought and if upon such inspection it is found to the satisfaction of the said Health Officer that such pre- mises, including all buildings , rooms , or places, and equipment used, or to be used by the applicant in the prosecution of his, her, or its business conforms to the food and sanitary laws of the State of Texas and Ordinances of the City of Wichita Falls , or if said premises shall not conform but upon notice to the effect by the City Health Officer to the applicant , .$hall be made to conform then the City Health Officer shall cause the permit to be issued to such applicant. Item 4.. Only persons who comply with the requirements of this ordinance shall be entitled to receive and retain such a permit . Such permit shall be posted in a conspicuous place. All permits issued hereunder remain in force one year from the date of issuance unless revoked or suspended for noncompliance© The permit fee of $10 shall be paid annually in advance to the City Clerk. Item 5. Reinstatement of Permits . Following suspension of the permit the operation of said food establishment shall immediately be discontinued until the defects which caused the suspension have been corrected. Following correction the applicant may request reinspection be n de and if the defects are corrected to comply with this ordinance the Health Officer may order the reinstatement of the permit. SECTION IV PENALTY. A. Any person, firm or corporation, who shall operate or permit the operation on his, her or its behalf, of any establishment, place, or equipment in violation of any provision of any section of this ordinance, shall upon conviction thereof, be fined not less than Ten ($10. 00) nor more than Two Hundred ( $200 . 00) Dollars . B. Any person, firm, corporation or employee, who shall violate any provision of any section of this ordinance , shall upon conviction thereof, be fined not less than Ten ($10.00) nor more than Two Hundred ( $200.00) Dollars. Each and every violation of the provisions of this ordinance shall constitute a separate offense. SECTION V. UNCONSTITUTIONALITY CLAUSE. Should any section, para- graph, sentence, clause , or phrase of this ordinance be declared uncon- stitutional or invalid for any reason, the remainder of said ordinance shall not be affected thereby. SECTION VI . DATE OF EFFECT. The fact that these inspections and permits are necessary for the public health and safety creates an emer- gency, and this ordinance shall be in full force and effect on and after January 1, 1964 .. PASSED AND APPROVED this the 9th day o December, 196 M y o r ATTES T :r C i t y-7/4"de C l e r k efirrtiais..-i n1.1,ToT•1 t ''' Publication PERM � • �''F ■ Affidavit ®f ESTABLISHMENTS - - BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICH- ITA STATE OF TEXAS SECTIONS,ITEDEFINITIONS. The fol- lowing definitions shall apply in the in- terpretation of the enforcement of this COUNTY OF WICHITA ordinance. 1. FOOD PRODUCTS. All matters in- �) tended for human consumpiton, whether simple, a mixture, or compound. 2.FOOD ESTABLISHMENT-Shallmean i '� q F.,,. any 'place where food product"s orb kept,'; On this `� `" day of stored, manufactured, prepared, handled,' sold, or offered for sale, either at whole- sale or retail, and shall include, but not be limited to, the following types of es-I A.D. . `1.5 , pi ersonally appeared before' me, the undersigned authority tablishments: (a) Bakery. "Bakery" means all build- ings,.rooms or places used or occupied , ? = „ L for the purpose of making, preparing or! - , bookkeeper baking of bread, biscuits, pastry, pies, cakes, doughnuts, crullers, noodles, mac- aroni, spaghetti, tortillas, crackers, rolls,i or any other product whose main ingre-I; for the Times Publishing Company of Wichita. Falls, publishers of the dient is meal or flour, to be sold on consumed on or off the premises, except,,, private residences,wherein such products/ Wichita Falls Record News, a newspaper published-at Wichita Falls in are prepared to be used and are used l: exclusively tct ionery. "Confecton- premises. Wichita County, Texas, and upon being duly sworn by me, on oath states i (b) Con f t e c I t ery" means an establishment in which is' carried on the process of-miming,-ols_,M": poundi(i Co t,01 1 f t that the attached.advertisement is a true and correct copy of advertising � � et. —tit e'st erTe,�+ '6?-:thi rr; I o 1 ti rYYa s sF igfnua- • ti §fua ; . q re is published in_. issues thereof on the following gl) 0tlitfed'/3eVe,a4'::'annfs ' Soffted" be`ffeVag@ pl"anfs 'irleans"any establish-1 dates: meat in Which is carried on the process y^rf) of mixing,compounding,carbonating, bot- .._ _ .. .» _,._ A. ,:1 r Cling, or manufacturing any non-alcoholic , bottled beverages, fruit juices, or com- positions, plain or carbonated, of which water and sugar are principal ingredients >L ` :�a�LJ and which may or may not contain pre-1 servetives, artificial flavoring or artificial( colors. This definition includes bottled. drinking water and ice plants. Bookkeeper for Times Publishing Company (d) Restaurant. The term "restaurant" of Wichita Fails shall mean restaurant, coffee shop,short-1 order cafe, cafeteria, luncheonette, tav-I ern, sandwich stand, soda fountain, and � L all other eating -or. drinking establish- ments, as well as kitchens or other r�t�'Ubscribed and sworn to before me th is the day and year first above places in which food or drink is pre-Ip j .itten.. pared for sale elsewhere. (®,a) (e) Itinerant Restaurant. The term' "itinerant restaurant" shall mean a res-1 taurant operating for a temporary period( i . ..-7 / 5 , ��,--*``f ✓-. in connection with a fair, carnival, cir- �/ -/: 6- ' -C,.- . cus, public exhibition or other similar a^`/ ,!,frr�,,�, , gathering. (f) Food Processor. "Food processor" means any wholesale or retail establish- t,A�$3_ .;; - lment in-which is carried on the proc- a_ Y - -- 'essing or manufacturing of any food - _ - . prod- ucts. (g) Food Jobber. "Food jobber" shall mean any .wholesale establishment In which food products not manufactured on the premises are offered for sale for i human consumption. j i 5- EMPLOYEE. The term "employee"1 I •Item 3. Upon receipt of such applica I SECTION IV. PENALTY, A. Any per- (h) Food Market. "Food market" shall/ 'shall mean any person who handles food l tion the City Health Officer shall cause an I :son, firm or corporation, who shall oper- rest restaurant engaged enthetbusiness of / ng preparation, manufacturing, or inspection to be made of the premises i ate or permit the operation on his, her ;serving, or who comes in contact with I where, and equipment with which such j i or its behalf, of any establishment, place, selling food products at retail. This def-1 i any utensils1 a,wsopr emloyred naca I 1 on business intends to carry ' : I or equipment in violation of any provi- inition-shall apply whether all or part of I 'room where eo Fed, }.in U _. _ permit is slop of any section of this ordinance,shall the goads sold constitute food products. itured or S -5j 98, s.�.. I sought and if upon such inspection it is I! :upon conviction"thereof,`be fined-not less' (I) Meat Market. "Meat market" shall 6.;;,HEAL�I''-Q�FICEf�" hall me"t�be I found to the satisfaction of the said Health LI 1 than Ten ($10.00) nor more than Two mean any retail establishment other than i ,Director of h1 Wichita Falls W.c .a Officer that such premises, including all Hundred ($200.00) Dollars. foodeproducts of anyfkind.fMeat Ishall be! ;:ese_nt' $ knit..„ /, aUtlo,,edep- mentnusedroormto be usedsbyathe appP ',employee, person; firm,.corporation, or considered to mean poultry, the flesh of r'. =� e i - (I .cant in the prosecution of his, her, or its stern of any section of violate ins any orinan el,j'.i.any animal,fish or other sea foods,fowls,li !shall Cnotapply. toCaOnyEpe son whose ac- business conforms to the food and sani- i shall upon conviction thereof,. be fined reptiles, etc. shall falls within the scope n the whose ac_ ;tary laws of the State of Texas and Ord i not less than Ten ($10.00) nor more than (t) s, etcerafied-Warehouse. "Refriger- I antes ally within the processing of milk, Finances of the City of Wichita Falls, or if Two Hundred ($200.00).Dollars. Each and ated warehouse" shall mean a place ar- milk products, frozen desserts, meat and said premises shall not conform but I ?every violation of the provisions of this tifically or mechanically cooled to or be- Ipoultr slaughtering upon notice to the effect by, the City e1 .I1 enseance shall constitute a separate of• low temperature of 45 degrees F. in y g 9 plants and schools., i i Health Officer to the applicant, shall be ; ,ease. which food mpera temperature than fresh unprocessed F. in SECTION III. PERMITS REQUIRED. 11 made to conform then the City. Health , ' which od vegetables are placed and i Item 1. It shall be unlawful for any per-1 1 Officer shall cause the SECTION a UNCONSTITUTIONALITY held for 30 days or more, except a res any way engage in, sued. to such-applicant.:permit to:be is-I j CLAUce, lause; any phrase of this rain- '.son in an wa or manner to en a , conduct, or operate a food establishment Item 4. Only ance sentence, cu , or phrase of nal ordin-I taurant, food market, or home with re n s persons or comply wan I I vali be declared e Unconstitutional thetuemal a in- taurant, frigerated space exclusively for its own I having app/applied for and rleceived a first the'requirements of this ordinance shall: valid for any*reason, the remainder of use. g pp per- I be entitled'.to receive and retain such'a I said ordinance shall not be affected (k) Meat Slaughter Plants. "Meat' l mit to do so, from the Health Officer as permit. Such permit shall be posted in, .thereby. slaughter plants" shall mean any es- !shall provided. No food establishment a conspicious_ place. All permits issued SECTION VI. DATE OF EFFECT. The tablishment where processed era actually !shall be permitted to open, operate or hereunder remain in force one year from fact that these inspections and permits: slaughtered and conduct business unless detailed plans and ;the date of issuance unless revoked or I I are necessary for the.public health and/I consumption. I'. specifications of proposed construction,ad- I suspended for non - compliance. The per safety creates-an emergency, and this( (1) Locker Plant,"Locker plant".means' ditions, or major alterations have been ;1mit fee of $10 shall be paid annually I ordinance shall be-in full force and effect I any refrigerated storage, warehouse, or submitted to and approved by the Health tin. advance.to the City Clerk. on and after January 1, 1964. the portion thereof which provides rep- Officer. Following approval of the plans, Item 5. Reinstatement of Permits. Fol l PASSED AND,APPROVED the person shall be issued an application lowing suspension of the permit the opera- '�day-of December, this the 9th orate individual lockers, cabinets, boxes, ! 9 p baskets, or other receptacles for the star for a permit. :tion of said.food establishment'shall im- JOHN J. GAVIN age of food for home or personal use i Item 2. Such application for a permit mediately be discontinued until the de- Mayor only, and not for the purpose of sale,I Ishall be filed with the City Health Officer i fects which caused the suspension have AT'EST: (m) Food Peddlers. "Food peddlers"I on a form furnished by the Health De- :been corrected. Following correction the W. B.°HICKS' means any person who sells, offers for partment and shall contain such informs- applicant may request reinspection be (City^Clerk sale, or gives away from any wagon, than as the Health Officer may require made and if the defects are corrected to pushcart, or similar vehicle on the public 1 for the purpose of said application and .comply with this ordinance the Health Of- shall pay therefor to the City titer may streets, alleys, sidewalks, or Thorough- y Clerk of I y order the reinstatement of the/ fares any food products. the City of Wichita Falls,in.advance with] permit- -.. the _PP, 3. MANUFACTURING. Manufacturing _ I_ication, a permit fee of $70, I ------ shall mean the process of treating, tom- ..pounding,blending,cooking, baking,pack- aging, pasteurizing, bottling or other methods of preparing food products for I sale-for-human consumption. 4. PERSON. Shall mean person, firm, corporation or association. 5. EMPLOYEE. The term "employee"