CITY OF MESQUlTE ... ORDINANCE NO. 668

Transcription

1 CTY OF MESQUlTE '9,. ORDNANCE NO. 668 AN ORDNANCE DEFNNG FOOD,POTENTALLY HAZARDOUS FOOD,ADULTERATED MSBRANDED, FOOD-SERVCE ESTABLSHMENT, TEMPORARY FOOD-SERVCE ESTABLSHMENT, HEALTH AUTHORTY. UTENSLS, EGUPMENT, ETC. ; PRO- VDNG FOR THE SALE OF ONLY UNADULTERATED, WHOLESOME, PROPERLY BRANDED FOOD; REGULATNG THE SOURCES OF FOOD; ESTABLSHmG SANfTA- TON STANDARDS FOR FOOD, FOOD PROTECTON. FOOD-SERVCE PERSONNEL, FOOD-SERVCE OPERATONS, FOOD EGUPMENT AND UTENSlLS, SANTARY FACLTES AND CONTROLS, AND OTHER FACLTES; REQURNG PERMTS FOR THE OPERATON OF FOOD-SERVCE ESTABLSHMENTS; PROVDNG FOR THE EXAMlNATON AND CONDEMNATON OF FOOD; PROVDNG FOR THE NCORPORA- TON BY REFERENCE THE COMPLANCE PROVSONS OF THE 1962 EDTON O r THE "UNTED STATES PUBLC HEALTH SERVCE FOOD SERVCE SANTATON ; ORDNANCE AND CODE"; AND PROVDlNG FOR THE ENFORCEMENT OF THS ORDNANCE, AND FXNG OF PENALTtES OF A FNE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE. \ BE T ORDANED BY THE CTY COUNCL OF THE CTY OF MESQUTE, TEXAS:,%. The followng defntons shall apply n the nterpretaton and the enforcement of ths whch no safe tolerance has been establshed, or n excess of such tolerance f one... has been establshed; (c) f t conasts n whole or n part of any flthy, putrd or decomposed substance, or f t s otherwse unft for human coneumpton; (d) f t n., has been processed, prepared, packed or held under nsantary condtons, whereby -. t may have become contamnated wth flth, or whereby t may have been rendered njurous to health; (e) f t s n whole or n part the product of a dseased anmal,, or an anmal whch has ded otherwse than by slaughter; or (f). -.composed n whole or npart of any poso~pt deletero render the contents njuroue to health. 2. APPROVED shall mean acceptable to the health authorty baeed on hs determnaton aa to conformance wth approprate standards and good publc health practce. 3. CLOSED shall mean ftted together snugly leavng no openngs large enough to permt the entrance of vermn.,....,-.=.~....= ,..-.. >.../.*A... ll..l, , ,,.

2 ..,....,.-... ad ,:.,. 4. CORROSON-RESSTANT MATERAL shall mean a materal whch orgnal surface characterstcs under prolonged nfluence of the food, c@ poundsand santzng solutons whch may contact t., ~, 5. EASLY CLEANABLE shall mean readly acce~sble and of such materal and fnsh, and so fabrcated, that resdue may be completely removed by normal clean ng methods.,: <,-, 6. EMPLOYEE shall mean any person workng n a food-servce establshment who transports food or food contaners, who engages n food preparaton or servce, or, who comes n contact wth any food utensls or equpment. 8. \.rr, ~'!... :' 7. EQUPMENT shall mean all stoves, ranges, hoods, meatblocks, tables, counters, refrgerators, snks, dshwashng machnes, steamtables and smlar tems, other than utensls, used n the operaton of a food-servce establshment. 8. FOOD shall mean any raw, cooked, or processed edble substance, beverage, or ngredent used or ntended for use or for sale n whole or n part for human consump- 9. FOOD-CONTACT SURFACES shall mean those surfaces of equpment and utensls wth whch food normally comes n contact, and those surfaces wth whch food may come n conact and dran back onto surfaces normally n contact wth food. " FOOD-PROCESSNG ESTABLSHMENT shall mean a commercal establshment... n whch food s prepared and packaged for human consumpton. :. :. 1. FOOD-SERVCE ESTABLSHMENT shall mean any fxed or moble restaurant; 1 coffee shop: cafetera; short-order cafe; luncheonette; grll; tearoom; sandwch shop; soda fountan; tavern; bar; cocktal lounge; nght club; roadsde stand; ndustral feedng establshment; school; hosptal;prvate, publc or nonproft organzaton gr nsttuton routnely servng food; caterjng ktchen; commssary or smlar place n whch food or drnk e prepared for sale or for servce on the premses or elsewhere; and any other eatng or drnkng establahment or operaton where food s served or provded for the publc wth or wthout charge. 12. HEALTH AUTHORTY ehall mean the health a*t&rlyy. of the Cty Of-~_e6pu&?_r---.-.~ ~. ~.. ats desgnated representatve KTCHENWARE shall mean all mult-use utensls other than tableware used n the storage, preparaton, conveyng or servng of food. vlsbranded shall mean the presence of any wrtten, prnted or graphc matter, upon or accompanyng food or contaners of food, whch s false or lnsleadng or whch volates any applcable State or local labelng requrements. :% ,..J......_,_ d..-...,. 3 A:. ; A~ rn 1 t

3 ~ ~ PERSHABLE FOOD shall mean any food of such type or n such condton as may spol. 16. PERSON shall mean an ndvdual, or frm, partnershp, company, corporaton, trustee, assocaton, or any puble or prvate entty. 17. POTENTALLY HAZARDOUS FOOD shall mean any pershable food whch conssts n whole or n part of mlk or mlk products, eggs, meat, poultry, fsh, shellfsh, or other ngredents capable of supportng rapd and progressve growth of nfectous or toxgenc mcroorgansms. 18. SAFE TEMPERATURES, as appled to potentally hazardous food, shall mean temperatures of 40' F. or below, and or above. 19. SANTZE shall mean effectve bactercdal treatment of clean surfaces of equpment and utensls by a process whch has been approved by the health authorty as.%:+v; 1 beng effectve n destroyng mcroorgansms, ncludng pathogens. :~. 20. SEALED shall mean free of cracks or other openngs whch permt the entry or passage of mosture SNGLE-SERVCE ARTCLES shall mean cups, contaners, lds, or closures; plates, knves, forks, spoons, strers, paddles; strawe, placernats, napkns, doles, wrappng materal; and all smlar artcles whch are conetructed wholly or m part from paper, paperboard, molded pulp, fol, wood, plastc, synthetc, or other readly destructble materals, and whch are ntended by the manufacturers and generally recognzed by the publc as for one usage only, then to be dscarded TABLEWARE shall mean all mult-use eatng and drnkng utensls, ncludng flatware (knves, forks and spoons). 23. TEkPORARY FOOD-SERVCE ESTABLSHMENT shall mean any food-servce establshment whcb operates at a fxed locaton for a temporary perod of tme, not to exceed two weeks, n connecton wth a far, ~~ ca~nval,..c&.c.u~ublc,exhbtop smlartranstory gatherng.... or 24. UTENSL shall mean any tableware and ktchenware used n the storage, preparaton, conveyng or servng of food. 25. WHOLESOME shall mean n sound condton, clean, free from adulteraton and otherwse,sujtable for uae as human food..,,..._.. ~ ~,...:....._>,..*.: w 4 1

4 Page 4 SECTON B. FOOD. 3. : -<.. 1. Food Supples: All food n food-servce establshments shall be from sources approved or consdered satsfactory by the health authorty, and shall be clean, wholesome, free from spolage, free from adulteraton and msbrandng, and safe for human consumpton. No hermetcally sealed, non-acd and low-acd food whch has been processed n a place other than a commercal food-processng establshment shall be used. \ 2. Food Protecton: All food whle beng stored, prepared, dsplayed, served, or sold at food-servce establshments, or durng transportaton between such establshments, shall be protected from contamnaton. All pershable food shall be stored at such temperatures as wll protect aganst spolage. All potentally hazardous food shall be mantaned at safe temperatures (4O0 F. or below, or 140 F. or above), except durng necessary perods of preparaton and servce. Raw fruts and vegetables shall be washed before use. Stuffng, poultry, stuffed meats and poultry, and pork and pork products shall be thoroughly cooked before beng eerved. ndvdual portons of food once served to the customer shall not be served agan, provded, that wrapped food whch has not been unwrapped and whch s wholesome may be re-aerved. Only such posonous and toxc materals as are requred to mantan santary condtons and for santzaton purposes may be used or stored n food-servce establsh- ".,.. ments. Posonous and toxc materals shall be dentfed, and shall be used only n m.;!,:.:,<. such manner and euch condtons as wll not contamnate food or consttute a hazard py to employees or customers..- SECTON C. PERSONNEL 1. Health and Doeaee Control: No person whle affected wth any dsease n a communcable form, or whle a carrer of such dsease, or whle afflcted wth bols, nfected wounds, sores, or an acute respratory nfecton, shall work n any area of a food-eervce establshment n any capacty n whch there s a lkelhood of euch... person contamnatng food or food-contact surfaces wth pathogenc organsms, or..%.. transmttng dseases to other ndvduals; and no person known or suspected of beng affected wth any euch dsease or condton ahall be employed n such an area or. capacty. f the manager or person n charge of the establshment has reason to :.<.~. ~. auspect that any employee has contra~ted any dsease n a communcable form or bar become a carrer of such dea...rje, he shall notfy the health authorty mmedately. 2. Cleanlness: All employees shall wear clean outer garmente, mantan a hgh degree of personal cleanlness, and conform to hygenc practces whle on duty. They shall wash ther hands thoroughly n an approved hand-waehng faclty before r:'. - startng work, and as often as may be neceseary to remove sol and contamnaton. No employee shall resume work after vstng the tolet room wthout frst washng m. hs hands ,..

5 F,... :. -...,. T '.%wmbs=a mu.-;...:-..v :'.:. '.;'. <'.. 'Y.. ;.,:'.r.', , : 1. : -t-% "'f ,.,.. 3. Health Carda: The Cty Health Department, upon applcaton from any person desrng to work at or be employed by any establshment preparng and/or dspensng food or drnk for human consumpton, and upon the applcant's complance wth the followng provsons, shall ssue a health card: Provson A. A report showng that a chest x-ray of sad applcant has been made wthn not more than twelve months pror to date of applcaton and that sad report shows that applcant s free of tuberculoss; Provson B. A report showng that a recognzed blood test for the presence of syphls has been taken by applcant not more than ffteen (S) days pror to date of applcaton and that sad report s negatve; Provson C. A report from famly physcan, such report to be made on forms furnshed by the Cty Health nspector, and such report to show that applcant's health s suffcently good to be ssued a health card; Provson D. Payment of a $2.00 fee. 7 A health card ssued by the Health Department of the Cty of Mesqute shall be vald for a perod of 12 months from date of ssue. t shall be hereafter unlawful for any person to work at, mantan or be employed at any store, place or vehcle at whch food or drnk s prepared or dspensed wthout havng frst obtaned the permt provded for heren. SECTON D. FOOD EQUPMENT AND UTENSLS 1. Santary Desgn, Constructon and nstallaton of Equpment and Utensls: All equpment and utensls shall be so desgned and of ouch materal and workmashp as to be smooth, easly cleanable and durable, and shall be n good repar; and the food-contact surfaces of such equpment and utensls shall, n addton, be easly ac~essble for cleanng, nontoxc, corroson resstant and relatvely non-absorbent; provded that, when approved by the health authorty, exceptons may be made to the above materal requrements for equpment such as cuttng boards, blocks and bakers' tables. All equpment shall be so nstalled and mantaned as to facltate the cleanng thereof, and of all adjacent areae. Equpment n use at the tme of adopton of ths ordnance whch does not meet fully the above requrements may be contnued n use f t s n good repar, capable of beng mantaned n a eantary condton, and the food-contact surfaces are nontoxc. P J Sngle-servce artclea shall be made from nontoxc materals ~. ~....

6 170 ;.':f Page 6 4 ~1 +:.,. / *A. 2. Cleanlness of Equpment and Utensls: All eatng and drnkng utensls shall be thoroughly cleaned and santzed after each usage.,: All ktchenware and food-contact surfaces of equpment, exclusve of cookng surfaces of equpment, used n the preparaton of or servng of food or drnk, and dl foodstorage utensls, shall be thoxoughly cleaned after each use, Cookng surfaces of equpment shall be cleaned at least once a day. All utensls and food-contact surfaces of equpment used n the preparaton, servce, dsplay or storage of potentally hazardous food shall be thoroughly cleaned and santzed pror to such use. Nonfood-contact surfaces of equpment shall be cleaned at such ntervals as to keep them n a clean and santary condton. Aher cleanng and untl use, all food-contact surhces of equpment and utensls shall be so stored and handled as to be protected from contamnaton. All sngle-servce artcles shall be stored, handled and dspensed n a santary 44 manner, and shall be used only once. ' '-. Food-servce establshments whch do not have adequate and effectve facltes for cleanng and santzng utensls shall use sngle-servce artcles. SECTON E. SANTARY FACLTES AND CONTROLS " 1. Water Supply: The water supply shall be adequate, of a safe, santary qualty and from an approved source. Hot and' cold runnng water under pressure shall be provded n all areas where food s prepared, or equpment, utensls, or contaners are washed. Water, f not pped nto the eatablshment, shall be transported and stored n approved contaners and shall be handled and dspensed n a santary manner.. ce used for any purpose shall be made from water whch comes from an approved..,., source, and shall be used only f t has been manufactured, stored, transported and handled n a santary manner. -1?- 2. Sewage Dsposal: All sewage shall be dsposed of n a publc sewerage system... or, n the absence thereof, n a manner approved by the health authorty. :-!. : Plumbng. Plumbng shall be so szed, nstalled, and mantaned as to carry -. adequate quanttes of water to requred locatons throughout the establshment; as to prevent contamnaton of the water supply; as to properly convey sewage and lqud wastes from the establshment to the sewerage or aewage-dspoaal system; and so that t does not consttute a source of contamnaton of food, equpment, or utensls, or create an unsantary condton or nusance.,..-,-. L' ;r ' p; c;-?

7 Page 7 4. Tolet Facltes: Each food-servce establshment ehall be provded wth adequate, convenently located tolet facltes for ts employees. Tolet fxtures shall be of santary desgn and readly cleanable. Tolet facltes, ncludng rooms and fxtures, shall be kept n a clean condton and n good repar. The doors of all tolet rooms shall be self-closng. Tolet tssue shall be provded. Easly cleanable receptacles shall be provded for waste materals, and such receptacles n tolet rooms for women shall be covered. Where the use of non-water-carred sewage dsposal facltes have been approved by the health authorty, such facltes shall be separate from the establshment. When tolet facltes are provded for patrons, such facltes shall meet the requrements of ths subsecton. 5. Hand-Washng Facltes: Each food-servce eotablshment shall be provded :..-.. wth adequate, convenently located hand-washng facltes for to employees, n-.:,p, cludng a lavatory or lavatores equpped wth hot and cold or tempered runnng ";" water, hand-cleansng soap or detergent, and approved santary towels or other... approved hand-dryng devces. Such facltes shall be kept clean and n good repar...,.:-. 3 provded 6. Garbage and Rubbsh Dsposal: All garbage and rubblsh contanng food wastes shall, pror to dsposal, be kept n leakproof, non-absorbent contaners whch shall be kept covered wth tght-fttng lds when flled or stored, or not n contnuous use, that such contaners need not be covered when stored n a specal vermnproofed room or enclosure, or n a food-waste refrgerator. All other rubbsh shall be stored n contaners, rooms or areas n an approved manner. The rooms, enclosures, areas and contaners used shall be adequate for the storage of all food waste and rubbsh accumulatng on the premses. Adequate cleanng facltes ahdl be provded, and each contaner, room, or area ohall be thoroughly cleaned after the emptyng or removal of garbage and rubbsh. Food-waste grnders, f used, shall be nstalled n complance wth State and local standards and shall be of sutable conetructon. All garbage and rubbah shall be dsposed of wth suffcent frequency and n such a manner as to prevent a nusance. 7. Vermn Control: Effectve measures shall be taken to protect aganst the entrance nto the establshment and the breedng or presence on the premses of vermn. SECTON F. OTHER FACUTES AND OPERATONS _r-._..._. _ Floors, Walls and Ce~lngs: The floor surfaces n ktchens, n all other rooms and areae n whch food s stored or prepared and n whch utensls are washed, and n walk-n refrgerators, dressng or locker rooma and tolet rooms, shall. be of smooth, non-abeorbent materals, and so constructed as to be easly cleanable, provded that the floors of nonref'gerated, dry-food-storage areas need not ba non-absorbent. All floors shall be kept clean and n good repar. Floor drans shall be provded n all rooms where floors are subjected to floodng-type cleanng or where normal operatons release or &sctarge water or other lqud waste on the floor.

8 ... :, &j Page 8. ~, All exteror areas where food s served shall be kept clean and properly draned,.., and surfaces n such areas shall be fnshed so as to facltate mantenance and --. mnmze dust. The walls and celngs of all rooms shall be kept clean and n good repar. All walls - 1 of rooms or areas n whch food s prepared, or utensls or hands are washed, shall be easly cleanable, smooth and lght-colored, and shall have washable surfaces up to the hghest level reached by splash or spray. 2. Lghtng: All areas n whch food s prepared or stored or utensls are washed, hand-washng areas, dressng or locker rooms, tolet rooms, and garbage and rubbsh storage areas shall be well lghted. Durng all cleanup actvtes, adequate lght of at least 50-foot candles at three feet above the floor shall be provded n the area beng cleaned, and upon or around equpment beng cleaned. 3. Ventlaton: All rooms n whch food s prepared or served or utensls are washed, dressng or locker rooms, tolet rooms, and garbage and rubbsh storage,.t! areas shall be well ventlated. Ventlaton hoods and devces shall be desgned to \; prevent grease or condensate from drppng nto food or onto food preparaton surfaces. Flters, where used, shall be readly removable for cleanng or replace- ment. Ventlaton systems shall comply wth applcable State and local fre preven-,- $<, ton requrements and shall, when ~anted to the outsde ar, dscharge n such a r* manner as not to create a nusance., ,*: 4. Dressng Rooms and Lockers. Adequate facltes shall be provded for the orderly 1 storage of employees' clothng and personal belongngs. Where employees routnely change clothes w~thn the establshment, one or more dressng rooms or desgnated areas shall be provded for ths purpose. Such desgnated areas shall be located outsde of the food preparaton, storage, and servng areas, and the utensl-washng and storage areas, provded that when approved by the health authorty, such an area may be located n a storage room where only completely packaged food s atored. Desgnated areas shall be equpped wlth adequate lockers, and lockers or other sutable facltes ahall be provded n dressng rooms. Dressng rdoms and lockers shall be kept clean. " Housekeepng: All parts of the establshment and ts premses shall be kept neat..<> clean and free of ltter and rubbsh. Cleanng operatons ehall be conducted n such a manner as to mnmze contamnaton of food and food-contact surfaces. None of c] the operatons connected wth a food-servce establshment shall be conducted n any room used as lvng or sleepng quarters. Soled lnens, coats and aprons shall be kept n sutable contaners untl removed for launderng. No lve brds or anmals. *. shall be allowed n any area used for the conduct of food-servce establshment 2.1 operatons, provded that gude dogs accompanyng blnd persons may be permtted &&? n dnng areas k

9 ~ ~. SECTON G. TEMPORARY FOOD-SERVCE ESTABLSHMENTS A temporary food-servce establshment ehall comply wth all provsrns of :hs ordnance whch are applcable to ts operaton, provded that the health authorty may augment such requrements when needed to assure the servce of safe food, may prohbt the sale of certan ~otentallv hazardous food and mav modfv. swecfc. requr'ements for physcal facltes when k hs opnon no mmnelt health hazard wll result. SECTON H. ENFORCEMENT PROVSONS 1. Permt: t shall be unlawful for any person to operate a food-servce establshment wthn the muncpalty of Mesqute, or ts polce jursdcton, who does not possess a vald permt ssued to hm by the health authorty. Only a person who comples wth the requrements of ths ordnance shall be enttled to receve and retan such a permt. Permts shall not be transferrable from one person to anothex person or place. A vald permt shall be posted n every food-servce establshment. Permts for temporary food-servce establshments shall be ssued for a perod of tme not to exceed fourteen (14) days. 3. ~.. (a) ssuance of Permts: Any person desrng to operate a food-servce establshment shall make wrtten applcaton for a permt on forms provded by the health authorty. Such applcaton shall nclude the applcant1$ full name and post offce address and whether such applcant s an ndvdual, frm or corporaton, and, f a partnershp, the names of the partners, together wth ther addresses, shall be ncluded; the locaton and type of the proposed food-servce establshment; and the sgnature of the applcant or applcants. f the applcaton s for a temporary food-servce establshment, t shall also nclude the nclusve dates of the proposed operaton. A permt fee wll. accompany each applcaton. The number of employees n the establshment shall determne the amount of the fee. Ths wll nclude the owner and/or manager and all employees engaged n the preparaton and servng of food. The followng fee schedule shall preval: one to four employees, $5.00; fve to nne employees, $10.00; ten or rr.ore employees, $ The permt shall be vald for one year. Permts are to be renewed on an annual bass by the flng of a permt renewal applcaton and fee wth the health authorty. Applcants shall not under any crcumstances be enttled to a refund of permt fees after an applcaton has been fled. Upon recept of such an applcaton, the health authorty shall make an nspecton of the food-servce eetablehment to determne complance wth the provsons of ths ordnance. When nspecton reveals that the applcable requrements of ths ordnance have been met, a permt shall be wu&&.~,... --~7he applcant by the health authorty.....,

10 (b) Suspenson of Permts: Permts may be suspended temporarly by the health " k:.. / authorty for falure of the holder to comply wth the requrements of ths ordnance.!,! ::..:,.j ; 1; Whenever a permt holder or operator has faled to comply wth any notce ssued under the provsons of Secton H of ths ordnance, the permt holder or operator.-;-+.. shall be notfed n wrtng that the permt s, upon servce of the notce, mmedately suspended (or the establshment down-graded), and that an opportunty for a hearng... wll be provded f a wrtten request for a hearng s fled wth the health authorty by the permt holder. :.~/ Notwthstandng the other provsons of ths ordnance, whenever the health authorty v... fnds nsantary or other condtons n the operaton of a food-servce establshment whch, n hs judgment, consttute a substantal hazard to the publc health, he may wthout warnng, notce or hearng, ssue a wrtten notce to the permt holder or operator ctng such condton, specfyng the correctve acton to be taken, and specfyng the tme perod wthn whch such acton shall be taken; and, f deemed J necessary, ouch order shall state that the permt a mmedately suspended, and all food-servce operatons are to be mmedately dscontnued. Any person to whom 1 such an order s ssued shall comply mmedately therewth, but upon wrtten petton to the health authorty, shall be afforded a hearng as soon as possble. \ -7-..A.," Renstatement of Suspended Permts: Any person whose permt has been sus- (c) '..<,*. pended may, at any tme, make applcaton for a renspecton for the purpose of re-!? 1 nstatement of the permt. Wthn 10 days followng recept of a wrtten request,,..-, ncludng a statement sgned by the applcant that n hs opnon the condtons causng suspenson of the permt have been corrected, the health authorty shall make a renspecton. f the applcant s complyng wth the requrements of ths ordnance, the permt shall be renstated. (d) Revocaton of Permts: For serlous or repeated volatons of any of the requrements of ths ordnance, or fot nterference wth the health authorty n the performance of hs dutes, the permt may be permanently revoked after an opportunty for a hearng has been provded by the health authorty. Pror to such acton, the health authorty shall notfy the permt holder n wrtng, statng the reaaone for whsh the permt s subject to revocaton and advsng that the permt shall be permanently revoked at the end of fve days followng servce of such nobce, unless a requeat for a hearng s fled wth the health authorty, by the permt holder, wthn such fvsday perod. A permt may be suepended for cauae pendng ts revocaton or a hearng; relatve thereto..... (el Hearngs: The hearngs provded for n ths aechon shall be conducted by the Hedth Commttee at a tme and place desgnated by t. The Health Commttee shall _ - consst of fve members apponted by the Cty ~ 04cl. Members of the Comn-cttoe & shall possess the followng qualfcatons:...

11 <.'.7.. ~s.-..,,. 3 One Page 11 shall be the Cty Health Offcer, who shall presde a6 charman; ~.*., One shall be a Medcal Doctor currently lcensed under the laws of the State of Texas;..,. One shall be engaged n Food Servce per se -. e., a cafe or restaurant... owner; One member shall be a dsnterested layman; One member shall be a lcensed buldng contractor. Based upon the record of such hearng, the Health Commttee shall make a fndng and shall sustan, modfy, or rescnd any offcal notce or order consdered n the hearng. A wrtten report of the hearng decson shall be furnshed to the permt holder by the health authorty. (f) The applcant shall not be enttled to a refund of permt fees where a permt s revoked or suspended as provded n ths ordnance. -.,z:,.. &. 2. nspecton of Food-Servce Establshments: At least once every three months, the health authorty shall n~pect each food-servce establshment located n the muncpalty of Mesqute, or ts polce jursdcton, and shall make as many addtonal nspectons and re-nspectons as are necessary for the enforcement of ths 1 ordnance. (a) Access to Establshment.: The health authorty, after proper dentfcaton, shall be permtted to enter, at any reasonable tme, any food-servce establshment wthn the muncpalty of Mesqute, or ts polce juredcton, for the purpose of makng nspectons to determne complance wth ths ordnance. He shall be permtted to examne the records of the establshment to obtan pertnent nformaton pertanng to food and supplee purchased, receved, or used, and persons employed. (b) nspecton Records: Whenever the health authorty makes an nspecton of a food-..>~ <. eervce establshment, he shall record hs fndngs on an nspecton report form pro-.. -.~. vded for ths purpose, and shall furnsh the orgnal of such nspecton report form.. to the permt holder or operator. Such form shall summarze the reaurements of...-- ~ecto~s B through G of ths ordnance and shall set forth a standard ;stng system for each requrement. (c) Zssuance of Notces: Whenever the health authorty makea an nspecton of a food-.+'" servce establshment and dscovers that any of the requrements of Sectons B through. < G of ths ordnance have been volated, he shall notfy the permt holder or operator of such volatons by means of an nspecton report form or other wrtten notce. n y such notfcaton, the health authorty shall:! -.,

12 Page 12 (1) Set forth the specfc volatons found;...., :.- c-7,... (2) Establsh a specfc and reasonable perod of tme for the correcton of the volatons found, n accordance wth the followng provsons: (a) When the volatons of the establshment are of a mnor nature, all tems must be corrected by the tme of the next routne nspecton; or (b) When the volatons of the establshment are of a major nature, all tems must be corrected wthn a perod of tme not to exceed 30 days; or (c) When one or more mmnently hazardous tems are n volaton, such tems must be corrected wthn a perod of tme not to exceed 10 days; or (d) When the volatons of the establshment are of such a nature as to be an mmedate danger to the publc, the permt s mmedately suspended; (e) n the case of temporary food-servce eetablahrnents, volatons must be corrected wthn a specfed perod of tme not to exceed 24 hours. Falure to comply wth such notce shall result n mmedate suspenson of the permt; (3) State that falure to comply wth any notce ssued n accordance wth the provsons of ths ordnance may result n mmedate suspenson of the,, permt; - (4) State that an opportunty for appeal from any notce or nspecton fndngs wll be provded f a wrtten request for a hearng s fled wth the health authorty wthn the perod of tme establshed n the notce for correcton. (d) Servce of Notces: Notces provded for under the Secton shall be deemed to have been properly served when the orgnal of the nspecton report form or other notce has been delvered personally to the permt holder or person n charge, or such notce has been sent by regstered or certfed mal, return recept requested, to the last known address of the permt holder. A copy of such notce shall be fled wth the records of the health authorty. 3. Examnaton and Condemnaton of Food: Food may be examned or sampled by the health authorty as often as may be necessary to determne freedom from adulteraton or msbrandng. The health authorty may, upon wrtten notce to the owner or "'pereon n charge, place a hold order on any food whch he determnes or has probable cause to beleve to be unwholesome or otherwse adulterated or msbranded. Under a hold order, food shall be permtted to be sutably stored. t shall be unlawful for any person to remove or alter a hold order, notce or tag placed on food by the health authorty, and nether such food nor the contaners thereof shall be re-labeled, re- 1:::. -- packed, re-processed, altered, dsposed of or destroyed wthout permsson of the..

13 Page 13 3 health authorty, except on order by a court of competent jursdcton. After the owner or person n charge has had a hearng as provded for n aubsecton H2c(41, and on the bass of evdence produced at such hearng, or on the bass of hs examnaton n the event a wrtten request for a hearng s not receved wthn ten days, the health authorty may vacate the hold order, or may by wrtten order drect the owner or person n charge of the food whch was placed under the hold order to denature or destroy such food or to brng t nto complance wth the provsons of ths ordnance, provded that such order of the health authorty to denature or deatroy such food or brng t nto complance wth the provsons of ths ordnance shall be stayed f the order s appealed to a court of competent jursdcton wthn three (3) days. 4. Food-Servce Establshments Outsde Jursdcton of the Health 4uthorty: Food from food-servce establshments outsde the jursdcton of the health authorty of the muncpalty of Mesqute may be sold wthn the muncpalty of Mesqute f -such food-servce establshments conform to the provsons of ths ordnance or to substantally equvalent provsons. To determne the extent of complance wth such provsons, the health authorty may accept reports from responsble authortes n other jursdctons where such food-servce establshments are located. 5. Plan Revew of Future Constructon: When a food-servce establshment s here-... after constructed or extensvely remodeled, ot when an exstng structure a converted for use as a food-servce establshment, properly prepared plans and specfcatons for such constructon, remodelng, or alteraton showng layout, arrangement and constructon materals of work areas, and the locaton, sze, and type of fxed equpment and facltes, shall be submtted to the health authorty for approval before ssuance of a buldng permt. 6. Procedure When nfecton s Suspected: When the health authorty has reasonable cause to suspect pos~blty of deease transmsson from any food-servce eetablshment employee, the health authorty shall secure a morbdty hstory of the suspected employee, or make such other nvestgaton as may be ndcated, and take approprate acton. The health authorty may requre any or all of the followng measures: (a) the mmedate excluson of the employee from all food-servce establshments; (b) the mmedate closure af the food-servng establshment concerned untl, n the opnon of the health authorty, no further danger outbreak exsts; (c) restrcton of the employee's servce8 to some area of the establshment where there would be no danger of transmttng dsease; and (d) adequate medcal and laboratory examnatone of&-.._.-- -employee, of other employees, and of hs and ther body dscharges. 7. Enforcement Lnterpretatrons: Thle ordnance shall be enforced by the health authorty n accordance wth the nterpretatons thereof contaned n the comphance pro-asons of the 1962 Edton of the "Unted States Publc Health Servce lood- Servce Santaton Ordnance and Code", three copes of whch shall be on fle n the Clty Secretary's offce...

14 '223 Page Penaltes: Any person who shall volate any of the provsons of ths ordnance shall be gulty of a msdemeanor and, upon convcton thereof, shall be punshed by a fne of not less than $5.00 nor more than $ for each offense. n addton thereto, such persons may be enjoned from contnung such volaton. Each day upon whch such a volaton occurs shall consttute a separate volaton. 9. Unconsttutonalty Clause: Should any secton, paragraph, sentence, clause or phrase of ths ordnance be declared unconsttutonal or nvald for any reason, the remander of sad ordnance shall not be affected thereby. 10. Repeal and Date of Effect: As the present ordnances regulatng food-servce and food-processng establshments are nadequate, thn ordnance ehall take effect and be n full force fve days from and after the date of the publcaton of the capton of ths ordnance, and at that tme all ordnances and parts of ordnances n conflct wth ths ordnance are hereby repealed. DULY PASSED by the Cty. Councl of the Cty of Mesqute, Texas. ths 6th day of harch; :.+.A ATTEST:.,j,., [), Gfy Secretary.-A--.. <.:. L- ''