Ordinance 1990-25 ORDINANCE 5I2 2 5
AN ORDINANCE DEFINING FOOD, POTENTIALLY HAZARDOUS FOOD, FOOD
SERVICE ESTABLISHMENT, TEMPORARY FOOD SERVICE ESTABLISHMENT,
REGULATORY AUTHORITY, UTENSILS, EQUIPMENT, ETC.; PROVIDING
FOR THE SALE OF ONLY SOUND, PROPERLY LABELED FOOD;
REGULATING THE SOURCE OF FOOD; ESTABLISHING SANITATION
STANDARDS FOR FOOD, FOOD PROTECTION, FOOD SERVICE
OPERATIONS, FOOD SERVICE PERSONNEL, FOOD STORAGE, FOOD
PREPARATION, FOOD DISPLAY, FOOD TRANSPORTATION, FOOD
EQUIPMENT AND UTENSILS, SANITARY FACILITIES AND CONTROLS,
AND OTHER FACILITIES; ESTABLISHING STANDARDS FOR CLEANING
AND SANITIZATION OF EQUIPMENT AND UTENSILS; REQUIRING
PERMITS FOR THE OPERATION OF FOOD SERVICE ESTABLISHMENTS;
REGULATING THE INSPECTION OF SUCH ESTABLISHMENTS; PROVIDING
FOR THE EXAMINATION AND CONDEMNATION OF FOOD; PROVIDING FOR
INCORPORATION BY REFERENCE OF THE TEXAS DEPARTMENT OF
HEALTH, DIVISION OF FOOD AND DRUGS "RULES ON FOOD SERVICE
SANITATION 229.161- 229.171" AND PROVIDING FOR ENFORCEMENT OF
THIS ORDINANCE, AND THE FIXING OF PENALTIES; REPEALING
ORDINANCE 85 -95 OF THE CITY OF WYLIE; AND PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
THEREFORE, Be it ordained by the City of Wylie, Texas:
SECTION 1. The definitions; the inspection of food service
establishments; the issuance, suspension and revocation of
permits to operate food service establishments; the
prohibiting of the sale of unsound or mislabeled food or
drink; and the enforcement of this ordinance shall be
regulated in accordance with the Texas Department of Health,
Division of Food and Drugs "Rules on Food Service Sanitation
229.161- 229.171 three certified copies of which shall be
on file in the office of the municipal clerk: Provided, that
the words "municipality of Wylie" in said ordinance shall be
understood to refer to the City of Wylie and the words
"regulatory authority" shall be understood to refer to the
Health Officer of the City of Wylie, Texas, and shall be
construed to include any of his assistants, deputies,
inspectors, sanitarians or any other official representative
of the members of the City of Wylie Health Office staff.
SECTION 2. Violation of the rules on Retail food service
establishments sanitation are subject to penalties and.
remedies.
SECTION 3. Penalties. Any person who violates a provision
of these rules and any person who is the permit holder of or
otherwise operates a food service establishment that does
not comply with the requirements of these rules and any
responsible officer of that permit holder or those persons
shall be deemed guilty of a misdemeanor and upon conviction
thereof, shall be fined a sum not exceeding one thousand
dollars ($1,000.00) for each violation. Each day upon which
such a violation occurs or continues shall constitute a
separate offense punishable under this ordinance.
SECTION 4. Severability. Should any section, paragraph,
sentence, clause, or phrase of these rules be declared
unconstitutional or invalid for any reason, the remainder of
said rules shall not be affected thereby.
SECTION 5. Repealer. Ordinance 85 -95 of the City of Wylie
and any other ordinance of the City of Wylie, or any
provision of any other ordinance of the City of Wylie, in
conflict herewith, are hereby repealed in their entirety.
SECTION 6. Effective Date. This ordinance shall become
effective from and after its passage and publication as
required by law.
Duly assed /s nd approved this, the day of
1990.
/I( John W. Akin, Mayor
ATTES
iI, OF
Ca olyn es, y Secretary
a SEAL
i
TEMP
ATTACHMENT A
COMPLIANCE PROCEDURES
(a) Permits, Licenses, or Certificates
(1) General. No person shall operate a food service
establishment who does not have a valid permit, license, or
certificate issued to him by the regulatory authority. Only
a person who complies with the requirements of these rules
shall be entitled to receive or retain such a permit,
license, or certificate. Permits, licenses, or certificates
are not transferable. A valid permit, license, or
certificate shall be posted in every food service
establishment.
(2 )Issuance of Permit. License, or Certificate.
(A) Any person desiring to operate a food service
establishment shall make written application for a permit,
license, or certificate, on forms provided by the regulatory
authority. Such application shall include the name and
address of each applicant, the location and type of the
proposed food service establishment, and the signature of
each applicant.
(B) Prior to approval of an application for a
permit, license, or certificate the regulatory authority
shall inspect the proposed food service establishment to
determine compliance with the requirements of these rules.
(C) The regulatory authority shall issue a permit,
license, or certificate to the applicant if its inspection
reveals that the proposed food service establishment
complies with the requirements of these rules.
(2.5) Permit Fee. A permit fee of $150.00 shall
accompany each application. The permit shall be valid for
one year, expiring the thirty -first day of December. Upon
the expiration of any such permit and within seven (7) days
thereafter, a person conducting or operating such business
or vehicle shall apply for and secure renewal thereof in the
same manner hereinabove provided for.
(3) Suspension of Permit, License, or Certificate.
(A) The regulatory authority may, without warning,
notice, or hearing suspend any permit, license, or
certificate to operate a food service establishment if the
holder of the permit, license, or certificate does not
comply with the requirements of these rules, or if the
operation of the establishment does not comply with the
requirements of these rules, or if the operation of the food
service establishment otherwise constitutes a substantial
hazard to public health. Suspension is effective upon
service of the notice required by Paragraph (3)(B) of
Subsection (a) of this rule. When a permit, license, or
certificate is suspended, the holder of the permit, license,
or certificate shall be afforded an opportunity for a
hearing within 20 days of receipt of a request of a hearing.
(B) Whenever a permit, license, or certificate is
suspended, the holder of the permit, license, or
certificate, or the person in charge shall be notified in
writing that the permit, license, or certificate is, upon
service of the notice, immediately suspended and that an
opportunity for a hearing will be provided if a written
request for a hearing is filed with the regulatory authority
by the holder of the permit, license, or certificate within
ten days. 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 exists.
(4) Revocation of Permit, License, or Certificate. The
regulatory authority may, after providing opportunity for a
hearing, revoke a permit, license, or certificate 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, license, or certificate, or the person in
charge, in writing of the reason for which the permit,
license, or certificate is subject to revocation and that
the permit, license, or certificate shall be revoked at the
end of the ten 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, license, or
certificate within such ten day period. If no request for
hearing is filed within the ten day period, the revocation
of the permit, license, or certificate becomes final.
(5) Service of Notices. A notice provided for in these
rules is properly served when it is delivered to the holder
of the permit, license, or certificate, 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, license, or certificate. A copy of the
notice shall be filed in the records of the regulatory
authority.
(6) Hearings. The hearings provided for in these rules
shall be conducted by the regulatory authority at a time and
place designated by it. Based upon the recorded evidence of
such hearing, the regulatory authority shall make a final
finding, 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, license, or certificate by the regulatory authority.
(7) Application after Revocation. Whenever a revocation
of a permit, license, or certificate has become final, the
holder of the revoked permit, license, or certificate may
make written application for a new permit, license, or
certificate.
(b) Inspections
(1) Inspection Frequency. An inspection of a food
service establishment shall be performed at least once every
six months. Additional inspections of the food service
establishment shall be performed as often as are necessary
for the enforcement of these rules.
(2) Access. Agents of the regulatory authority, after
proper identification, shall be permitted to enter any food
service establishment at any reasonable time, for the
purpose of making inspections to determine compliance with
these rules. The agents shall be permitted to examine the
records of the establishments to obtain information
pertaining to food and supplies purchased, received, or
used, or to persons employed.
(3) Report of Inspections. Whenever an inspection of a
food service establishment or commissary is made, the
findings shall be recorded on the inspection report form set
out in Paragraph (5) of Subsection (b) of this rule. The
inspection report form shall summarize the requirements of
these rules and shall set forth a weighted point value for
each requirement. Inspectional 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 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.
(4) Correction of Violations.
(A) The 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:
(i) 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 regulatory authority.
(ii) All violations of 4- or 5 -point weighted
items shall 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, license, or
certificate shall submit a written report to the regulatory
authority stating that the 4- or 5 -point violations have
been corrected. A follow -up inspection shall be conducted to
confirm correction.
(iii) 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.
(iv) When 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.
(v) In the case of temporary food service
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 regulatory
authority.
(B) 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
appeal from the inspection findings and time limitations
will be provided if a written request for a hearing is filed
with the regulatory authority within ten days following
cessation of operations. If a request for a hearing is
received, a hearing shall be held within 20 days of receipt
of that request.
(C) Whenever a food service establishment is required
under the provisions of this rule to cease operations, it
shall not resume operations until such time as a
reinspection determines that conditions responsible for the
requirement to cease operations no longer exists.
Opportunity for reinspection shall be offered within a
reasonable time.
(5) Inspection Report Form.
An inspection report form based on the requirements
of these rules is appended.
(c) Examination and Condemnation of Food
(1) General. Food may be examined or sampled by the
regulatory authority as often as necessary for enforcement
of these rules. The regulatory authority 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 Subsection (a)
of rule .003. or any other provision of these rules. The
regulatory authority shall tag, label, or otherwise identify
any food subject to the hold order.No food subject to a hold
order shall be used, served, or moved from the
establishment. The regulatory authority shall permit storage
of the food 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
for hearing may be filed within ten days and that if no
hearing is requested the food shall be destroyed. A hearing
shall be held if so requested, and 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 these rules.
(d) Review of Plans
(1) Submission of Plans. Whenever a food service
establishment is constructed or extensively remodeled and
whenever an existing structure is converted to use as a food
service establishment, properly prepared plans and
specifications for such construction, remodeling, or
conversion shall be submitted to the regulatory authority
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
regulatory authority shall approve the plans and
specifications if they meet the requirements of these rules.
No food service establishment shall be constructed,
extensively remodeled, or converted except in accordance
with plans and specifications approved by the regulatory
authority.
(2) Pre operational Inspection. Whenever plans and
specifications are required by Paragraph (1) of Subsection
(d) of this rule to be submitted to the regulatory
authority, the regulatory authority shall inspect the food
service establishment prior to its beginning operation to
determine compliance with the approved plans and
specifications and with the requirements of these rules.
(e) Procedure When Infection is Suspected. When the
regulatory authority has reasonable cause to suspect the
possibility of disease transmission from any food service
establishment employee, it may secure morbidity history of
the suspected employee or make any other investigation as
may be indicated and shall take appropriate action. The
regulatory authority may require any or all of the following
measures:
(1) The immediate exclusion of the employee from all
food service establishments;
(2) The immediate closing of the food service
establishment concerned until, in the opinion of the
regulatory authority, 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, of other employees and of his and their body
discharges.
THE WYLIE NEWS P. O. Box 369 wrug. TWO 7*
STATE OF TEXAS 1
COUNTY OF COLLIN 1
Before me, the undersigned authority, on this day personally
appeared Truett Smith of the Wylie News, a newspaper regularly
published in Collin County, Texas and having general circulation
in Collin County, Texas who being by me duly sworn deposed and
says that the forgoing attached
CITY OF OJJ TF Oirdr"vr«rane No 90 9 5
was published in said newspaper on the following dates to wit:
CITY OF WYLIE 1991 and 199-}
Z/
Subscri• and sworn to before me this the 4
day of ,Li ii. if AA 199'7to certify which witness'
1 my
hand and seal o offic
-)encil_Tut. oat_
Margaret Cook
Notary Public in and for the
State of Texas
My Commission expires 9 -12 -93
Serving Wideawake Wylie Since 1947
ORDINANCE 90 -25
An ordinance defining food,
potentially hazardous food,
food serrvice establishment,
temporary food service
page establishment, regulatory
Se "Aot+ p authority, utensils, equip
E S ment, etc.; providing for the
w YS,1E sale of only sound, properly
TO labeled food; regulating the
16.1991 source of food; establishing
3s t oat3 sanitation standards for food,
0 day' food protection, food service
operations, food service per-
sonnel, food storage, food
preparation, food display,
food transportation, food
equipment and utensils,
sanitary facilities and con-
trols, and other facilities;
establishing standards for
cleaning and sanitization of
equipment and utensils; re-
quiring permits for the opera-
tion of food service
establishments; regulating
the inspection of such
establishments; providing for
the examination and condem-
nation of food; providing for
incomporation by reference of
the Texas Department of
Health, Division of Food and
Drugs "Rules on Food Ser-
vice Sanitation
229.161 229.171" and pro-
viding for enforcement of this
ordinance, and the fixing of
jpenalties; repealing or-
dinance 85 -95 of the City of
Wylie; and providing a
severability clause and an ef-
fective date.
THEREFORE, Be it ordain-
ed by the City of Wylie,
Texas:
SECTION 6, Effective Date.
This ordinance shall become
effective from and after its
passage and publication as
Duly passed and approved
this, the 11th day of
December 1990.
Johon W. Akin,
Mayor
ATTEST:
Carolyn Jones,
City Secretary
32 -1 t -c