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OR 308 Rules for food service sanitation AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 308 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY TO ADOPT AS THE RULES FOR FOOD SERVICE SANITATION WITHIN THE CITY THAT CERTAIN EDITION OF THE TEXAS DEPARTMENT OF HEALTH RULES ON FOOD SERVICE AND SANITATION ADOPTED BY THE TEXAS BOARD OF HEALTH AS RULES 301.73.11.001 - .011; DEFINING "LOCAL FOOD ESTABLISHMENT"; PROVIDING FOR THE REGULATION OF LOCAL FOOD ESTABLISHMENTS, POTENTIALLY HAZARDOUS FOOD, FOOD SERVICE ESTABLISHMENTS, MOBILE FOOD UNITS, TEMPORARY FOOD SERVICE ESTABLISHMENTS, UTENSILS, EQUIPMENT AND IN GENERAL REGULATING THE SOURCES OF FOOD, ESTABLISHING SANITATION STANDARDS FOR FOOD, FOOD SERVICE, PERSONNEL AND FOOD SERVICE OPERATIONS WITHIN THE CITY; REQUIRING AND PROVIDING FOR THE ISSUANCE OF PERMITS REGULATING LOCAL FOOD ESTABLISHMENTS; MAKING IT UNLAWFUL TO OPERATE A "LOCAL FOOD ESTABLISHMENT" WITHOUT CITY PERMIT; PROVIDING FOR INSPECTION OF FOOD SERVICE ESTABLISHMENTS; PROVIDING FOR THE EXAMINATION AND SAMPLING OF FOOD; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. AMENDING COPPELL CODE OF ORDINANCES That the Code of Ordinances of the City of Coppell, Texas be, and the same is hereby amended by adding to CHAPTER 6 a new ARTICLE 6-8 entitled "FOOD SERVICE REGULATIONS" as follows: "ARTICLE 6-8. FOOD SERVICE REGULATIONS Section 6-8-1 ADOPTION OF STATE RULES ON FOOD SERVICE SANITATION A. Except as amended by Section B below, there is hereby adopted as the City of Coppell Rules on Food Service Sanitation, that certain edition of the Texas Department of Health's Rules on Food Service Sanitation which was adopted by the Texas Board of Health as Rules 301.73.11.001 - .011. That a copy of said Rules are attached to this adoptive ordinance as Exhibit "A" and shall remain on file in the office of the City Secretary. B. No amendments. Section 6-8-2 FOOD SERVICE REGULATIONS, PERMITS, AND INSPECTIONS A. GENERAL As used in this ordinance the term Local Food Establishment means any food processing establishment, food service establishment, mobile food unit, eommessary, temporary food service establishment as those terms are defined in the "Rules on Food Service Sanitation" adopted above by Section 6-8-1 and all other food service operations regulated by such rules. The regulatory authority means the Director of Public Works of the City of Coppell or his designated agent. B. PERMIT REQUIRED 1. Any Local Food Establishment operating within the city on the effective date of this ordinance shall have 30 days in which make application for a permit and shall have 90 days from the date of the initial inspection by the regulatory authority to obtain the permit required herein. 2. After the date above mentioned, it shall be unlawful for any person to operate a Loeal Food Establishment within the limits of the City without having a valid permit as required herein. Only a person who complies with the requirements of the provisions of this ordinance shah be entitled to receive or retain such a permit. Permits are not transferable. A valid permit shall be posted in every local food establishment. C. ISSUANCE OF PERMITS 1. Any person desiring to operate a local food establishment shall make written application for a permit on forms to be provided by the City. Such application shall include the name and address of each applicant, the location and type of processed local food establishment and the signature of each applicant. Prior to approval of an application for a permit, the City shall inspect or cause to be inspected the proposed local food establishment to determine compliance with the requirements of this ordinance. 2. The first annual permit fee of $100.00 shall be collected at the time the application is filed, except that the annual permit fee for a mobile food unit shall be $200.00. Such fee shall cover the cost of all inspections made during the twelve month period following date such fee is due. At least three inspections shall be made during each permit year and any additional inspections deemed necessary by the regulatory authority. At no time shall any fee or any part of a fee be refunded. 3. The City shall issue a permit to the applicant if its inspection reveals that the proposed local food establishment complies with the requirements of these regulations. D. SUSPENSION OF PERMIT 1. The City may, without warning, notice, or hearing suspend any permit to operate a local food establishment if the holder of such permit does not comply with the requirements of this ordinance, or the operation of its establishment does not comply with the requirements set forth herein, or, if the operation of the local food establishment otherwise constitutes a substantial hazard to public health. Suspension is effective upon service of notice us required herein. When a permit is suspended, food service operations shall immediately cease. Whenever a permit is suspended the holder thereof shall be afforded an opportunity for a hearing within 20 days of receipt of a request for hearing. 2. Whenever a permit is suspended, the holder thereof or the person in charge shall be notified in writing that an opportunity for hearing will be provided if a written request for hearing is filed with the City within ten days. If no written request for hearing is filed within ten days, the suspension is sustained. The City may end the suspension at any time if reasons for suspension no longer exist. E. REVOCATION OF PERMIT 1. The City may, after providing opportunity for hearing, revoke a permit for serious or repeated violations of any of the requirements of this ordinance or for interference with the City in performance of duty. 2. Prior to revocation, the City shall notify, in writing, the holder of the permit or the person in charge, of the specific reason(s) for which the permit is to be revoked and that the permit shall be revoked at the end of the 10 days following service of such notice unless a written request for hearing is filed with the City by the holder of the permit within such 10-day period. If no request for hearing is filed within the 10-day period, the revocation of the permit becomes final. F. SERVICE OF NOTICES A notice provided for in this ordinance 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 or certificate. A copy of the notice shall be filed in the records Of the City. G. HEARINGS The hearings provided for in this ordinance shall be conducted by the City at a time and place designated by it. Any oral testimony given at a hearing shall be reported verbatim, and the presiding officer shall make provision for sufficient copies of the transcript. The City shall make a final finding based upon the complete hearing record 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 City. H. APPLICATION AFTER REVOCATION Whenever a revocation of a permit has become final, the holder of the revoked permit may make written application for a new permit . Section 6-8-3 INSPECTIONS A. INSPECTION FREQUENCY An inspection of a local food establishment shall be performed at least once every six months. Additional inspections of the local food establishment shall be performed as often as necessary for the enforcement of this ordinance. B. ACCESS Representatives of the City, after proper identification, shall be permitted to enter any local food establishment at any reasonable time for the purpose of making inspections to determine compliance with this ordinance. The representatives shall be permitted to examine the records of the establishment to obtain information pertaining to food and supplies purchased, received, or used. C. REPORT OF INSPECTIONS Whenever an inspection of a local food establishment or commissary is made, the findings shall be recorded on an approval inspection report form. The inspection report form shall summarize the requirements of this ordinance and shall set forth a weighted point value for each requirement. Inspection remarks shall be written to reference, by section number, the section violated and shall state the correction to be made. The rating score of the establishment shall be the total of the weighted point values for all violations, subtracted from 100. A copy of the completed inspection report form shall be furnished to the person in charge of the establishment at the conclusion of the inspection. The completed inspection report form is a public document that shall be made available for public disclosure to any person who requests it according to law. D. CORRECTION OF VIOLATIONS 1. The completed inspection report form shall specify a reasonable period of time for the correction of the violations found; and correction of the violations shall be accomplished within the period specified, in accordance with the following provisions: a. If an imminent health hazard exists, such as complete lack of refrigeration or sewage backup into the establishment, the establishment shall immediately cease food service operations. Operations shall not be resumed until authorized by the City. b. All violations of 4- or 5-point weighted items shah be corrected as soon as possible, but in any event, within 10 days following inspection. Within 15 days after the inspection, the holder of the permit shall submit a written report to the City stating that the 4- or 5- point weighted violations have been corrected. A followup inspection shall be conducted to confirm correction. c. All 1- or 2-point weighted items shall be corrected as soon as possible, but in any event, by the time of the next routine inspection. d. When the rating score of the establishment is less than 60, the establishment shall initiate corrective action on all identified violations within 48 hours. One or more reinspections will be conducted at reasonable time intervals to assure correction. e. In the case of temporary local food establishments, all violations shall be corrected within 24 hours. If violations are not corrected within 24 hours, the establishment shall immediately cease food service operations until authorized to resume by the City. 2. The inspection report shall state that failure to comply with any time limits for corrections may result in cessation of food service operations. An opportunity for hearing on the inspection findings or the time limitations or both will be provided if a written request is filed with the City within 10 days following cessation of operations. If a request for hearing is received, a hearing shall be held within 20 days of receipt of the request. 3. Whenever a local food establishment is required under the provisions hereof to cease operations, it shall not resume operations until it is shown on reinspection that conditions responsible for the order to cease operations no longer exist. Opportunity for reinspection shall be offered within a reasonable time. Section 6-8-4 EXAMINATION AND CONDEMNATION OF FOOD A. GENERAL Food may be examined or sampled by the City as often as necessary ror entorcement or this orclinance. The City may, upon written notice to the owner or person in charge, specifying with particularity the reasons therefor, place a hold order on any food which it believes is in violation of the provisions hereof. The City shall tag, label, or otherwise identity any rood subject to the hold order. No rood subject to a hold order shall be used, served, or moved trom the establishment. The City shall permit storage oI the rood under 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. The hold order shall state that a request rot hearing may be riled within 10 days and that iI' no hearing is requested the rood shall be destroyed. Ira request t'or hearing is received, the hearing shall be held within 20 days arter receipt of the request. On the basis of evidence produced at that hearing, the hold order may be vacated, or the owner or person in charge ot 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 ordinance. Section 6-8-5 REVIEW OF PLANS A. SUBMISSION OF PLANS Whenever a local rood establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a local food establishment, properly prepared plans and specifications for such construction, remodeling, or conversion shall be submitted to the City for review and approval before construction, remodeling or conversion is begun. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, and construction materials of work areas, and the type and model of proposed fixed equipment and facilities. The City shall approve the plans and specifications if they meet the requirements of this ordinance. No local food establishment shall be constructed, extensively remodeled, or converted except in accordance with plans and specifications approved by the City. B. PRE-0PERATIONAL INSPECTION Whenever plans and specifications are required by the provisions of this ordinance to be submitted to the City, the City shall inspect the local food establishment prior to the start of operations, to determine compliance with the approved plans and specifications and with the requirements of this ordinance. Section 6-8-6 PROCEDURE WHEN INFECTION IS SUSPECTED A. GENERAL When the City has reasonable cause to suspect possible disease transmission by an employee of a local food establishment, it may secure a morbidity history of the suspected employee or make any other investigation as indicated and shall take appropriate action. The City may require any or all of the following measures: 1. The immediate exclusion of the employee from employment in local food establishments; 2. The immediate closing of the local food establishment concerned until, in the opinion of the City, no further danger of disease outbreak exists; 3. Restriction of the employee's services to some area of the establishment where there would be no danger of transmitting disease; 4. Adequate medical and laboratory examination of the employee and of other employees and of his and their body discharges." SECTION 2. REPEALING CLAUSE All ordinances, or parts of ordinances, inconsistent or in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. SEVERABILITY CLAUSE If any article, paragraph or subdivision, clause or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 4. PENALTY CLAUSE Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a penalty of fine not to exceed the sum of One Thousand Dollars ($1,000.00) for each offense, and each and every day such offense is continued shall constitute a new and separate offense. SECTION 5. EFFECTIVE DATE This ordinance shall take effect immediately from and after the publication of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of Coppell, Texas, this the APPROVED: -. ATTEST: ~ APPROVED AS TO FORM: I , TY AT P. O. Box 478 Coppell, Texas 75019 214 - 462 - 0022 List of Permitted or Existing Food Processing Establishments Kinder Care Al's Pizza Beef House Busy Bee Dolly's Cafe Dolly's Sandwich Coppell Grocery Quik Mart Dai~y Queen Northlake Child Care Hogans Salerno Pizza La Petite Academy (child care) Coppell High School Coppell Middle School Lee Elementary Pinkerton Elementary