HomeMy WebLinkAboutOrd 882-2020 Amend Code Ch 7 Article 7.03, Food EstablishmentsCITY OF ANNA, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE ANNA CITY CODE OF
ORDINANCES BY AMENDING CHAPTER 7, HEALTH AND SANITATION, ARTICLE 7.03, FOOD
ESTABLISHMENTS, TO PROVIDE ADDITIONAL REGULATIONS RELATED TO FOOD
ESTABLISHMENTS, FOOD TRUCKS, AND MOBILE VENDORS; PROVIDING FOR AN EFFECTIVE
DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY
AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION
OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations
governing food establishments, food trucks and related operations; and
WHEREAS, the City Council of the City of Anna ("City Council") has investigated and determined that it
would be advantageous and beneficial to the City and its citizens to amend Article 7.03 (Food
Establishments) of The Anna City Code of Ordinances ("Anna Code") by adopting additional regulations
to safeguard public health and provide to consumers food that is safe, unadulterated, and honestly
presented;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
THAT:
Section 1. Recitals Incorporated
The above recitals are incorporated herein by reference for all purposes.
Section 2. Amendment
In accordance with Article 1.01 of the Anna City Code of Ordinances, ("Anna Code"), the following
amendments are made to Article 7.03 (Food Establishments):
ARTICLE 7.03 FOOD ESTABLISHMENTS
Sec.7.03.001 Purpose
The purpose of these rules is to safeguard public health and provide to consumers
food that is safe, unadulterated, and honestly presented. (Ordinance 420-2008
adopted 12/9/08; 2008 Code, pt. II, art. 35, sec. 1)
Sec. 7.03.002 Texas Food Establishment Rules adopted; amendments
This article hereby incorporates as if set forth in full herein for all purposes Texas
Administrative Code title 25 (Health Services), part 1 (Department of State Health
Services), chapter 228 (Retail Food), as may be amended by the department of state
health services, save and except as set forth in this article the omonAmon+c set fnr+h
belew. Copies of the Texas Food Establishment Rules are on file in the office of the
city secretary being marked and designated as the Texas Food Establishment Rules,
CITY OF ANNA, TEXAS ORDINANCE NO. c� a� �
published by the Texas Board of Health, General Sanitation Division. The city amends
the Texas Food Establishment Rules as follows:
Section 228.2(116) is amended such that the "regulatory authority" referenced therein
is the Gity of RRa, Texas city, including its duly authorized agents. The City's
authorized agents shall include the city code compliance manager or other persons
designated by the code compliance manager.
Section 228.175(e) is amended to add the following sentence:
To satisfy this subsection, a sign shall be prominently displayed in view of each
restroom lavatory used by food service employees that states: "Employees must
thoroughly wash hands before returning to work after using the restroom.3)
(Ordinance 420-2008 adopted 12/9/08; 2008 Code, pt. II, art. 35, sec. 2; Ordinance
adopting 2019 Code; Ordinance adopted 11/10/2020)
Sec. 7.03.003 Conflicts; Exemptions
(a) To the extent that any provision of this article conflicts with the Texas Food
Establishment Rules the more restrictive or stringent provision shall prevail to the
extent of the conflict unless otherwise provided by applicable law.
(b) Notwithstanding any provision of this article, this article does not prohibit or
regulate or require a license permit or fee for the occasional sale of
lemonade
or
other nonalcoholic beverages from a stand on private property or in a public park by
an individual younger than 18 years of age.
(Ordinance adopted 11/10/2020)
Sec. 7.03.004 Permit required
(a) It shall be unlawful for any person to operate a food establishment within the
limits of the city without having been issued a valid health permit. Only a person who
complies with the requirements in this article shall be entitled to receive or retain a
permit and notwithstanding the fact that all inspections necessary for obtaining a
food establishment permit have been completed, such permit shall not be issued
until after the building in which the establishment is to be located has been issued a
certificate of occupancy by the city. Permits are not transferable from one person,
place or entity to another person place or entity. A valid permit shall be posted in or
on a conspicuous place of every food establishment regulated by this article. The
permit required by this article shall be issued annually commencing on January 1 st
and remaining in effect until December 31st. Any permit issued during the course of
the year shall expire on December 31 st irrespective of date of issuance. There shall
be no pro -ration of fees assessed after the first month of each period.
(b) Mobile food units and hot trucks shall be considered food establishments and
shall comply with all pertinent regulations contained herein. The permit required by
this article shall be issued annually commencing on January 1 st and remaining in
effect until December 31st. Any permit issued during the course of the year shall
expire on December 31 st irrespective of date of issuance. There shall be no
proration of fees assessed after the first month of each period.
CITY OF ANNA, TEXAS ORDINANCE NO. _ 2
(c) Temporary food establishment permits shall be in effect for a period of time not
exceeding seven consecutive days in conjunction with a single event or celebration
without approval from the regulatory authority_
(d) When this article references a building or premises where a food
establishment is located, it shall be understood to mean a vehicle as relates a
mobile food unit or a temporary booth, stand, push cart or space as relates to a
temporary food establish or other mobile food vendor. Notwithstanding any provision
of this article. This article does not require a certificate of occupancy to be obtained
unless required under other provisions of this code.
(Ordinance adopted 11/10/2020)
Sec. 7.03.005 Issuance of permits
(a) Any person desiring to operate a food establishment shall make a written
application for a permit on a form provided by the city. The application shall include
the name and address of each applicant,
the location and type of food establishment
and the signature of the applicant. An application for a temporary food establishment
shall include the inclusive dates of the proposed
operation and the location of the
event.
(b) The application shall be accompanied by a nonrefundable permit fee, as set
forth in the fee schedule (sec. A8.001, health permit fees) found in appendix A of this
code, on file and available for inspection in the office of the city secretary.
(Ordinance adopted 11/10/2020)
Sec. 7.03.006 Inspections
(a) The city shall inspect the food establishment prior to the issuance of the food
establishment permit to determine compliance with any approved plans and
specifications, compliance with other requirements of this article and shall determine
that a certificate of occupancy has been issued for the building, if any, in which the
establishment is to be located. Upon making such findings the food establishment
permit may be issued subject to annual renewal, continued compliance with the
provisions of this article, and the existence of a valid certificate of occupancy for the
building, if any, in which the establishment is located.
(b) The code compliance manager or his designee shall classify food
establishments as high priority, medium priority, or low priority; according to the type
of operations, particular foods that are prepared, numbers of people served;
susceptibility of the population served, and any other risk factor deemed relevant to
the operation.
(c) Additional inspections of the food establishment shall be performed as often as
necessary for the enforcement of this article.
(d) If during a routine inspection, immediate correction of a critical item is not
achieved, the city shall verify correction of the violation within ten calendar days. If a
critical item is not corrected during the initial inspection, a reinspection fee as set
forth in the fee schedule (sec. A8.001, health permit fees) found in appendix A of this
code, shall be assessed at the follow up inspection.
(e) When the total cumulative demerit value of an establishment exceeds 30
demerits, the establishment shall immediately cease operations. The
establishment
CITY OF ANNA, TEXAS ORDINANCE NO. Q q ;::) 3
shall remain closed until corrective action on all identified critical violations is
complete. Corrective action on all other violations must be initiated within 48 hours.
The establishment shall remain closed until reopened by the city, at which time a
reinstatement fee as set forth in the fee schedule (sec. A8.001, health permit fees)
found in appendix A of this code, shall be assessed.
Denial of access to inspect by a city designee shall be cause for suspension or
revocation of the food establishment permit.
(Ordinance adopted 11/10/2020)
Sec, 7,03,007 Posting of food handier and food establishment permits
(a) Every permit holder or person in charge shall at all times have available on the
premises for inspection the food handler permit of its employees and shall at all
times display in public view the food establishment permit or mobile food unit permit.
(b) A food service permit that lapses for nonpayment of the annual health permit
fee will be reinstated upon payment of a reinstatement fee, as set forth in the fee
schedule (sec. A8.001, health permit fees) found in appendix A of this code.
(Ordinance adopted 11/10/2020)
Sec. 7.03.008 Suspension of a food establishment permit
(a) The city may, without warning, notice, or hearing suspend any permit to
operate a food establishment if:
(1) The holder of such permit does not comply with the requirements of this
article; or
(2) If the operation of the food establishment otherwise constitutes a substantial
hazard to public health.
(b) Suspension is effective upon service of written notice by the city. When a
permit is suspended, food operations shall immediately cease and shall not resume
until the suspension is terminated.
(c) Whenever a permit is suspended the holder thereof shall be afforded an
opportunity for a hearing within 20 days after the city's receipt of a written request for
hearing.
(d) Whenever a permit is suspended, the holder thereof shall be notified in writing
that an opportunity for a hearing shall be provided if a written request for hearing is
filed with the city within ten days after receipt of notice. If no written request for a
hearing is filed within a ten-day period, the suspension is sustained. The city may
terminate the suspension at any time if reasons for suspension no longer exist.
(Ordinance adopted 11/10/2020)
Sec. 7.03.009 Revocation of a food permit
(a) The city may, after providing opportunity for a hearing, revoke a permit for
serious or repeated violations of any of the requirements of this article or for
interference with the city in the performance of its functions under this article.
(b) Prior to revocation, the city shall notify, in writing, the holder of the permit or
the person in charge, of the specific reason for which the permit is to be revoked and
CITY OF ANNA, TEXAS ORDINANCE NO. J Z) t 4
that the permit shall be revoked at the end of the ten days after service of such
notice unless a written request for a hearing is filed within the ten-day period. If no
request for a hearing is filed within the ten-day period, the revocation of the permit
becomes final.
(c) The holder of the revoked permit may make a written application for a new
permit and additional payment for the new permit as set forth in the fee schedule
(sec. A8.001, health permit fees) found in appendix A of this code.
(Ordinance adopted 11/10/2020)
Sec, 7,03,010 Examination and condemnation of food
(a) An officer of the city shall tap, label, or otherwise identify any food subject to a
hold
order. No food subject to a hold order shall be used, served, or moved from the
establishment. The city's hold order shall permit storage of the food under the
conditions specified in the hold order, unless storage is not possible without risk to
the public health, in which case immediate destruction shall be ordered and
accomplished.
(b) A hold order shall state that a request for a hearing may be filed within ten
days after issuance thereof and that if no hearing is requested the food shall be
destroyed. On the basis of evidence produced at that hearing, the hold order may be
vacated, or the owner or person in charge of the food may be directed by written
order to denature or destroy such food or to bring it into compliance with the
provisions of this section.
(Ordinance adopted 11/10/2020)
Sec. 7.03.011 Grease trap, Grease interceptor
A grease trap or grease interceptor is required unless otherwise approved by the
city, and shall be located to be easily accessible for cleaning, operation, and
maintenance. Location must be approved by the city and shall not be located within
an area where food is held, prepared, stored or transferred. All grease traps and
interceptors shall also be approved by the city prior to installation. Grease
separators designed to be serviced manually by food establishment employees are
not approved. Grease interceptors or separators located above ground, beneath one
(1) fixture, are prohibited.
(Ordinance adopted 11/10/2020)
Sec.7.03.00312 Penalty
Any violation of any of the terms of this article, whether denominated in this article as
unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such
violation shall be fined in an amount in accordance with the general penalty provided
in section 1.01.009 of this code for each incidence of violation. Each violation is
considered a separate offense and will be punished separately. (Ordinance 420-2008
adopted 12/9/08; 2008 Code, pt. II, art. 35, sec. 3; Ordinance adopting 2019 Code)
(Ordinance 716-2016 adopted 3122/16; 2008 Code, pt. III-D, art. 1, sec. 12; Ordinance
adopted 11/10/2020
CITY OF ANNA, TEXAS ORDINANCE NO. (� 5
Section I Savings, Repealing and Severability Clauses
It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs,
subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase,
sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional
or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences,
paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have
been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional,
invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions.
Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become
effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby
ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in
force when the provisions of this ordinance become effective that are inconsistent or in conflict with the
terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict.
Section 4. Penalty
Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or
not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an
amount not to exceed the lesser of $2,000 or the highest amount allowed by applicable law for each
incidence of violation. Each day a violation exists is considered a separate offense and will be punished
separately.
Section 5. Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council and posting and/or publication, if
required by law, of its caption. The City Secretary is hereby authorized and directed to implement such
posting and/or publication.
PASSED by the City Council of the City of Anna, Texas this 10th day of November 2020.
ATTESTED:
Carrie L. Land, City Secretary
Pike, Mayor
CITY OF ANNA, TEXAS ORDINANCE NO. `� R o�, 6