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Ord 1933 11/28/1960 ORDINANCE NO. /q_33 AN ORDINANCE PROVIDING FOR THE LICENSING OF SMALL NURSING AND CONVALESCENCE HOMES; ADOPTING STANDARDS FOR THE SAME; AND PRESCRIBING PENALTIES. WHEREAS, the State of Texas has by appropriate legisla- tion set up a licensing procedure for certain institutions provid- ing nursing and convalescence care, and WHEREAS,_ there are in the City of Wichita Falls certain sub-standard institutions which provide convalescence and nursing care for fewer than four people, and WHEREAS, said small nursing and convalescence homes do not come under the licensing provisions of the State law. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS: SECTION 1. From and after the effective date of this ordinance it shall be unlawful to operate a small nursing or convalescence home as the term is hereinafter defined within the corporate limits of the City of Wichita Falls without first having obtained a license therefor. SECTION 2. A small nursing or convalescence home is hereby defined as an institution which furnishes food and shelter' to less than four persons unrelated to the proprietor and., in. addition, provides minor treatment under the direction and super- vision of a physician licensed by the Texas State Board of Medical Examiners, or services which meet some need beyond the basic provision of food, shelter, and laundry. Nothing in this ordinaic- shall apply to hotels or other similar places that furnish only food and lodging, or either, to their guests. And, provided further, that the provisions of this ordinance shall not apply to any hospital as that term is defined in the Texas Hospital License Law. The provisions of this ordinance shall not apply to establish- ments that furnish only baths and massages La addition to food, shelter and laundry. SECTION 3. An application for license for such small nursing or convalescence homes shall be made to the Wichita Falls City-County Health Unit upon forms provided by it . The applica- tion shall be accompanied by a license fee which shall be in the sum of 325.00 plus $1.00 for each unit of capacity or bed space for which a license is sought , Such license fee shall be paid annually in said amount with each application for renewal of the small nursing or convalescence homes license. Upon receipt of an application for license the Wichita Falls C ity-County Health Unit shall issue a license if upon inspection and investigation it finds that the applicant and the facilities meet the requirements established under this ordinance SECTION 4.. The Wichita Falls City-County Health Unit through its duly authorized representatives shall have the right to enter upon the premises at all reasonable times to make what- ever inspection it deems necessary in accordance with its rules and regulations. Licenses shall be posted in a conspicuous place on the licensed premises. SECTION 5. The rules and regulations prescribed by th€. State Board of Health under the authority of Article 41442c of Vernon' s Annotated Civil Statutes are hereby adopted as the rules and regulations to govern the City-County Health Unit in issuing, suspending, or denying a license under this ordinance . A copy of the above rules and regulations is on file with the City Clerk. of the City of Wichita Falls. SECTION 6. Any person establishing, conducting, managing or operating a small nursing or convalescence home as defined herein without first having procured a license shall be guilty of a misdemeanor and upon conviction shall be fined not more than r 1 $200.00 for the first offense and not more than $100. 00 for each subsequent offense and each day of a continuing violation after a conviction shall be considered a separate offense . This ordinance shall become effective on the first day of February, 1961. PASSED AND APPROVED this 8 day of , A. D. 1960. -- --- ATTEST: enne o sons 'ayor A. L. Fitts, City Clerk