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HomeMy WebLinkAboutO-2001-2496 e . ORDINANCE NO. 2001-~ AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, FOR HARRIS COUNTY TO PROVIDE FOOD ESTABLISHMENT SURVEILLANCE SERVICES TO THE CITY OF LA PORTE; MAKING V ARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The Mayor is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is het:eby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. . e ORDINANCE NO. 2001 - ~ e PAGE 2 PASSED AND APPROVED, this 25th day of June, 2001. CITY OF LA PORTE By: r!..5 f:' A J~~ , Norman~ Mayor Attest: LfltWfia ,Jitlll Mart a Gillett, City Secretary ~:1)) ~ Knox W. Askins, City Attorney e e Chau Buu, M.D., M.P.H. Acting Director (713) 439-6000 Fax: (713) 439-6080 Public Health & Environmental Services Environmental Health Division 2223 West Loop South Houston, Texas 77027 John E. Williams, P.E. Assislanl Director Environmental Health (713) 439-6260 Fu: (713) 439-6060 August 14,2001 RECEIVED Ms. Martha Gillett, City Secretary City of LaPorte . 604 West Fairmont Parkway LaPorte, Texas 77571 AUG 1 6 2001 CITY SECRETARY'S OFFICE Dear Ms. Gillett: Enclosed is a signed copy of the agreement between Harris County and the City of LaPorte for the conduction of food establishment inspections in LaPorte by Harris County Public Health and Environmental Services. I have also included the most recent copies of the Texas Food Establishment Rules and Rules for Regulating Food Establishments in Harris County for your files. If you .have any questions regarding this matter, please feel free to call me at (713) 439-6270. Sincerely, -;ri ~~ ~ ?/-/rtd.; &v Janet Lane, R.S., Chief Consumer Health Services Environmental Health Division Enclosures e e Public Health & Environmental Services Chau Buu, M.D., M.P.H. 2223 W t L S th Acting Director es OOp ou Houston, Texas 77027 July 25, 2001 Phone: (713) 439-6000 Fax: (713) 439-6080 The Honorable Judge Robert Eckels and Commissioners' Court Hat:ris County Administration Building 1001 Preston Avenue Houston, Texas 77002 Vote of the Court: Yes No Abstain Judge Eckels -B 0 .8J Comm. lee 0 0 Comm. Radack 0 0 Comm. Eversole 0 0 Gentlemen: Enclosed is an agreement between Harris County and the City of LaPorte, prepared with the assistance of the County Attorney's Office, for your consideration and approval. This agreement will extend our services for five (5) more years in this community. We have had an interlocal agreement with City of LaPorte since 1991. This formal agreement will enable the Harris County Public Health and Environmental Services to permit food establishments, collect fees, and regulate more effectively food establishments located within the . city limits of LaPorte. The fees collected from the food permits will help to offset some of the operating expenses that we incur for services provided to the citizens of LaPorte. CB:jl Sincerely, . ~L~ ~u Buu, M.D. YfY Presented to ComrntuIoner'I Court . APPRCNEAUG tL20" L. Recorded Va_Page xc: H. Pastor J. Williams " . I. ~ ,'"\ , ' . : :::; o I :C:1.~1 1-: Ini' I u ~,-,j) .... ,I _ ," I \ '. , I, e e AGREEMENT THE STATE OF TEXAS COUNTY OF HARRIS ~ ~ . ~ This Agreement, made and entered into by Harris County ("County"), a body corporate and politic under the laws of the State of Texas, and City of LaPorte ("City"), a municipal corporation situated in Harris County. I. The County agrees to make available to the City its Food Establishment Surveillance Program Services through Harris County Public Health and Environmental Services. n. The County, acting through Harris County Public Health and Environmental Services and pursuant to its Food Establishment Surveillance Program, agrees to provide food inspecti~n and permitting services to all food establishments located within the corporate limits of the City during the term of this Agreement. These services may include, but are not limited to, the following: 1. Establishment of a Food Establishment Surveillance Program; 2. Certification of establishments for the issuance of health permits; 3. Notification to the City of violations of the City's h~alth ordin~ces; 4. Documentation, in semi-annual reports, of the Food Establishment Surveillance Program activities within the City; and 5. Approval of food-establishment managers' training programs and certification of managers where required by ordinance. m. The City agrees to maintain, during the period of this Agreement, ordinances that effectuate the following: 1. Adopt the Texas Board of Health's "Tex~s Food Establishment Rules" found at 25 TEX. ADMIN CODE ~~229.161 - 22-.171, and ~~229.173 - 229.175, with an effective date of October 16, 1998, as amended and which rules are adopted by reference as if set forth at length; 2. Adopt the "Rules Regulating Food Establishments in Harris County, Texas" promulgated by the Commissioners Court of Harris County, Texas, as amended; 3. Designate the Director of Harris County Public Health and Environmental Services as Health Authority for the purposes of this Agreement; ,0" . e, e 4. Require all food establishments within the City's corporate limits to maintain a valid health permit; and 5. If the City so desires it may require food establishments to have certified managers. IV. It is expressly understood and agreed that as and for compensation for those services provided by the County to the City, the County shall collect and retain any application fees received from applicants for those health permits that are issued pursuant to the terms of this Agreement. v. The County is responsible for the enforcement of the City's food-permit ordinance and all amendments to such ordinance. VI. The term of this Agreement is for a period of five (5) years, commencing on June 1,2001, and ending on May 31, 2006. Notwithstanding this provision, either the County or the City may terminate this Agreement upon giving the other party hereto thirty (30) days prior written notice of the intent to t~rminate the Agreement. ' VII. The County is an ind;ependent contractor under the terms of this Agreement and is not ail officer, agent, servant, or employee of City. '" Vill. . No amendment or modification of the Agreement is valid or binding unless in writing, and executed by both the County and the City. IX. All notices and communications under this Agreement must be mailed by certified mail, return-receipt requested, or delivered to the parties at the following addresses: FOR THE COUNTY: Commissioners Court of Harris County Harris County Administration Building 1001 Preston, 9th Flooi Houston, Texas 77002 . Attention: Clerk of Commissioners Court FOR THE CITY: City of LaPorte 604 W. Fairmont Parkway LaPorte, Texas 77571 Attention: Mayor These addresses may be changed upon giving prior written notice of the change. A copy of any notice of communication hereunder shall also be forwarded to the following address: c. A. File No. OlGEN0566-LaPorte ILA , . .e. e Harris County Public Health and Environmental Services 2223 W. Loop South Houston, Texas 77027 Attention: Chief, Consumer Health x This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. IN TESTIMONY OF WInCH, this Agreement has been executed in multiple originals, each to have the same force and effect, as follows: A. It. has been executed on behalf of Harris County on the day of AUG fJ 7 2001 , 2001, by the County Judge of Harris County, Texas, pursuant to an order of the Commissioners Court of Harris County, Texas, authorizing such execution; and B. It has been executed on behalf of the City of LaPorte, Harris County, Texas, on the day of ,2001, by its Mayor, pursuant to that procedure which authorizes such execution. CITY OF LAPORTE BY: ~5- NORMAN MALO Mayor c. A. File No. OlGEN0566-LaPorte ILA . ., e, e Harris County Public Health and Environmental Services 2223 W. Loop South Houston, Texas 77027 Attention: Chief, Consumer Health x This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. IN TESTIMONY OF WHICH, this Agreement has been executed in multiple originals, each to have the same force and effect, as follows: A. It' has been' executed on behalf of Harris County on the day of AUG 07 2001 ,2001, by the County Judge of Harris County, Texas, pursuant to an order of the Commissioners Court of Harris County, Texas, authorizing such execution; and B. It has been executed on behalf of the City of LaPorte, Harri~ County, Texas, on the . day of ,2001, by its Mayor, pursuant to that procedure which authorizes such execution. HARRIS COUNTY .., CITY OF LAPORTE BY~~~~ NO MALONE Mayor c. A. File No. OlGENOS66-LaPorte lLA " e e ORDER TIIE STATE OF TEXAS . ~ ~ ~ COUNTY OF HARRIS The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the Harris County Administration Building in the City of Houston, Texas, on the _ day of ~ w; e'I?m1! , _, with the following members present, to-wit: Robert Eckels El Franco Lee .1'Clmes 'OdlCllU County Judge Commissioner, Precinct No. 1 ('~~....imnnpr. Prp~1n,..t 'Mg. J Steve Radack Commissioner, Precinct No.3 Jerry Eversole Commissioner, Precinct No.4 and the following members absent, to-wit: r=.:::l .4.2 ~.b... , constituting a quorum, when among other business, the following was transacted: , ORDER APPROVING INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY AND TIIE CITY OF LaPORTE AUTHORIZING HARRIS COUNTY TO CONDUCT INSPECTIONS AND PERMIT FOOD ESTABLISHMENTS WITIIIN THE CITY OF LaPORTE Commissioner introduced an order and made a motion that the same be adopted. Commissioner ~ seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, pcevailed by ,the following vote: AYES: NAYS: ABSTENTIONS: Vots of tho court: P.'r'ES: J(COmmissioners Lee. PentaR81 Radack, and Eversole) NOES: 0 ABSTENTIONS: 1 (Judge Eckels) The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and law-fully adopted. The order thus adopted follows: IT IS ORDERED that the County Judge or his designee be, and he is hereby, authorized to execute for and on behalf of Harris County, an interlocal Agreement between Harris County and the City of LaPorte, for a Food Establishments Surveillance Program in the City of LaPorte. . The Agreement is attached hereto and incorporated by reference as if set forth fully herein, word for word. . Presented to Carnml88laner's COUrt ~ AUG 07 2001 APPROVE Recorded Vol_Page -_:...,_- I ~_. --'.-, e e THOMAS, HYSLOP, M.O" M,P H. DIRECTOR HARRIS COUNTY HEALTH DEPARTMENT 2223 West Loop South HOUSTON, TEXAS 77027 VOice: (7131439-6270 Fax: (7131 43S-606Q July 31,,2000 ~ The Honorable Robert Eckels and Commissioners' Court Harris County Administration Building 1001 Preston A venue Houston, Texas 77002 VoI8 of the court AYES: NOES: ABSTEN'T10NS: .. (Commissioners Lee, Fonteno, Radick, and Eversole) o 1 (Judge Eckels) Gentlemen: Enclosed, for your consideration and approval, are two documents prepared by the County Attorney's Office: (I) an Order Authorizing Notices of a Public Hearing to Consider Amendments to Rules for the Regulation of Food Establishments in Harris County, Texas and (2) a Notice of a Public Hearing on the Proposed Adoption of an Order Amending the Rules for the Regulation of Food Establishments in Harris County, Texas. The Rules adopted by this new order will su~ersede and replace all previous Rules for Food Service Sanitation for Harris County and any amendments thereto.' A hearing date ,of Septemb~ 12, 2000' is respectfully requested. Presented to Commisslonel!l' eourt Sincerely, xc: H. Pastor J. Williams SEP 12 2000 l...'~ I...ovv../~v"~ APPROVE L / r ~'-- Thomas Hyslop, M.D., M.P.H. Recorded Vol_Page_ I ~ ~~', f t:.. S-~..".... -.-. J) P;>;l: S I Jl'-~' Ctl'o'sc. ~ P .:2: .s';;>f ~ · · A r TIl:jl "..... . Cl o ::l:JO c:: CI I N ~-:,,:,.., ~ ::..: . i. ..,.., ........:. :. .. -. ::-. t...:- ;;'S= c: ~... :;-; !""''1 --'! ;.:..: == --- 9 w en f,.. ...; ".- t-. IDP\I"': ~ A' c..t ~ I ,_": Co. _.... _.". ,_ ~ . _"" _. .- -:.::. " :,.:2-..:......,. '0 ~. _ ~. yo " e e ~OTICE OF A PlJBLIC HE.~G ON THE PROPOSED ADOPTION OF Al~ ORDER AMENDIN"G THE RULES FOR THE REGlJLATION OF FOOD EST_~LISHMENTS IN HARRIS COUNTY, TEXA.S ., Notice is hereby given that on September 12, 2000, at 1 :45 p.m., a public hearing will be held by the Harris County Commissioners Coun, in the Commissioners Courtroom, 9th Floor, Harris County Administration Building, 1001 Preston, Houston, Harris County, Texas, to hear all interested persons and to determine whether the general welfare of the people of Harris County will be promoted by the adoption of revised rules for the regulation of food service establishments, retail food stores, mobile food units, roadside food vendors, and temporary food service establishments in the . unincorporated areas of Harris County. F or further information concerning this hearing and proposed rewisions, in~erested persons may contact the following: ' _ Harris County Public Health and Environmental Services 2223 W. Loop South Houston, Texas 77027 . ORDER OF C01'v1MISSIONERS COURT AMENDIN"G RULES FOR THE REGULATION OF FOOD ESTABLISHMENTS IN" HARRIS COUNTY, TEXAS THE STATE OF TEXAS ~ ~ COUNTY OF H.A.RRlS ~ The Commissioners Court of Harris County, Texas, convened at a meeting of said Coun at the Harris County Administration Building, 1001 Preston, 9th Fl., H~uston, Texas, Qn the 12th day of September, 2000 with the following members present, to-wit: Robert Eckels EI Franco Lee, James Fonteno Steve Radack 7en:y 'Eversole County Judge Commissio?er, Precinct No.1 Commissioner, Precinct No.2 Commissioner, Precinct No.3' Commi33iofitr, Preemet No. 4- and the following members absent, to-wit: _ .J.) () N c..,..... quorum, when among other business, the following was transacted: I ORDER OF COMNIISSIONERS COURT APPROVING AMENDMENTS TO RULES FOR THE REGULATION OF FOOD ESTABLISHMENTS IN" HARRlS COUNTY, TEXAS , constituting a Commissioner _ 4e... introduced an order and made a motion that the ~ame be adopted. Commissioner r D Jt.,. rC./fC.,I d seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the following vote: vote of the court /-YEs: NAYS: N6egi ABSTENTI~NTlON8: ~ (Commlulo/1lf'l Lee, Fonteno. ~ and EVII'IOIe) o 1 (Judpe Eckels) Presented to Commissioners' Court_ AYES: AUG 0 82000 APPROVE Recorded Vcl_Page_ e e The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and law-fully adopted. The order thus adopted follows: Recitals ' Tex. Health & Safety Code Ann. Chapter 437 (Vernon 1992 & Vernon Supp. 2000) ("Chapter 437") and the rul~s promulgated by the Texas Board of Health authorize Harris County to enforce certain laws and rules pertaining to certain food service establishments, retail food stores, mobile food units, roadside food vendors, and temporary food service establishments in the unincorporated areas of Harris County, including areas in the extraterritorial jurisdiction of a municipality. Pursuant to Chapter 437, the Commissioners Court of Harris County may impose the following . I reqUIrements: · Require a trained food manager to be on duty dUring each'day of operation of a food establishment; and · Require food establishments to provide written details or plans regarding the systems installed for water source, distribution, delivery" and retention system and for waste, sewage, and wastewater retention, drainage, and delivery, and disposal or removal system. Pursuant to Tex. Health & Safety Code Ann. ~437.00S (Vernon 1992), due notice was given of a meeting and public hearing to determine whether the Commissioners Court of Harris County, Texas, should enter an Order amending the rules for the regulation of food establishments in Harris County, Texas. It appears to the Commissioners Court of Harris County, Texas, that the enforcement of state law and rules, the adoption of rules pertaining to ..,permits, and the imposition of additional requirements pertaining to food establishments .would promo'te the general welfare of the people of Harris County. The Harris County Commissioners Court intends for the rules adopted by this Order to supersede, and thereby replace, all previous Rules of Food Service Sanitation for Harris County and any amendments thereto. Order The Commissioners Court of Harris County finds that the enforcement of state law and rules, adoption of rules pertaining to obtaining a permit, and imposition of requirements for food establishments will promote the general welfare of the people of Harris' CO':lI1ty and protect them against health hazards. The Commissioners Court of Harris County hereby adopts the attached rules relating to obtaining permits and imposing additional requirements relating to trained food managers and the systems installed for water source, distribution, delivery, and retention sy'stem and for.waste, sewage, and wastewater retention, drainage, and delivery, and disposal or removal system. The attached rules are entitled "Rules for Regulating Food Establishments in Harris County, Texas." Officials of Harris County having duties under said Rules and are authorized to perfo~ such duties as required of them. 'This Order is hereby adopted and approved by the Commissioners Court of Harris 'County, Texas, and shall take effect on . Upon such effective date, the e . Rules adopted by this Order shall supersede and replace all previous Rules for Food Service Sanitation for Harris County, and amendments thereto. . . I . , e · RULES REGULATING FOOD ESTABLISHMENTS IN THE uN!NcORPOR.:~TED AREAS OF HARRIS COUNTY, TEXAS Preface Hams County has authority to enforce statutes and rules concerning food service establishments, retail food stores, mobile food establishments, and roadside food vendors and hereby exercises its authority to enforce the provisions of Chapter 437 to the Tex. Health & Safety Code Ann., as amended, in the unincorporated areas of Harris County. The following shall be regulated !JIld enforced in accordance with Chapter 437 of the Texas Health &" Safety Code, as amended: the issuance, denial, suspension and revocation of permits to operate food service establishments, retail food store~, mobile" food units, temporary food establishments, and roadside food vendors; submission of plans, authority to' inspect and reinspect; and fees for issuing and renewing a permit or for performing an inspection. I. PURPOSES The purposes of these Rules is to safeguard public health and provide to consumers food th~.t is safe, unadulterated, and honestly presented by establishing uniform monitoring for food service and retail food operation in the unincorporated areas of Hams County, including areas in the extraterritorial jurisdiction of a municipality. II. DEFINITIONS The following words and tenns, when used in these Rules, shall have the following meanings unless the context clearly indicates othetwise: . (a) "Applicant" means a person seeking a permit for a food establishment. (b) "Approved" means acceptable to the Regulatory Authority based on a detennination of conformity with principles, practices, and generally recognized standards that protect public health. (c) "Authorized agent or employee or agent" means an employee of the Regulatory Authority. (d) "Bed and Breakfast" means: (1) an establishment that provides food service other than to its overnight guests; and (2) the establishment must comply with state law and rules applicable to food establishments. -> (e) "Food" means a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption. _? (0 "Food establishment" means an operation that stores, prepares, packages, services, or othetwise provides food for human consumption such as a food service establishment, a retail food store, a mobile food unit, a mobile food establishment, a temporary food establishment, or a roadside food vendor. The tenn includes any such place regardless of whether consumption is on or off premises and regardless of whether ther~ is a charge for the food. The term does not include a private home where food is prepared or served for individual family consumption. (g) "Food manager" means an individual who: (1) is responsible for identifying hazards in the day-to-day operation' of a food preparation, service, or dispensing facility; (2) develops or implements specific policies, procedures, or standards aimed at preventing food-borne illness; e e (3) coordinates training, supervises, or directs food preparation activities and takes corrective action as needed to protect the ,health of the consumer; and (4) conducts in-house self-inspection of daily operations on a periodic basis to see that policies and procedures concerning food safety are being followed. (h) "Ice cream truck" is a mobile food establishment from which only prepackaged frozen dessens are offered for sale or are sold. (i) "Mobile food unit" or "mobile food establishment" means a vehicle mounted food establishnient designed to be readily moveable. G) "Pennit" rneans the docurnent issued by the Regulatory Authority that authorizes a person to operate a food estabiishment. (k) "Pennit holder" means the entity that is legally responsible for the operation of the food establishment such as the oWner, the owner's agent, or other person; and who possesses a valid pennit to operate a food establishment. 6 (1) "Person" means an association, corporation, individual, pannershlp, or other legal entity. (m) "Person in charge" means the permit holder or individual present at a food establishment who is responsible for the operation at the time of inspection. , (n) "Physical facilities" means the structure and interior surfaces of a food establishment including accessories such as soap and towel dispensers and attachments such as light fixtures and heating or air conditioning system vents. (0) "Plumbing system" means the water supply and distribution pipes; plumbing fixtures and traps; sol, waste, and vent pipes; sanitary and storm sewers and building drains, including their respective connections, devices, and appurtenances withill the premises; and water- treating equipment. (P) "Premises" means the physical facility, its contents, and the contiguous land or property under the control of the pennit holder; or the physical facility, its contents, and the contiguous land or property and its facilities and contents that are under the control of the permit holder that may impact food establi.~hment personnel, facilities, or operations, if a food establishment is only one component of a larger operation such as a health care facility, hotel, rnotel, school, recreational camp, or prison. (q) "Pushcart" means a non self-propelled mobile food unit limited to s'erving nonpotentially hazardous foods requiring a limited amount of preparation as authorized by the Regulatory Authority. A pushcart is a mobile food unit. (r) "Regulatory Authority" means ,the public health authority or Harris County Public Health and Environmental Services. (s) "Restricted Mobile Unit" means a mobile food establishment that serves only food that is prepared, packaged in individual servings, transported and stored under conditions meeting state law and rules, or beverages that are not potentially hazardous and are dispensed from covered urns or other protected equipment. ' (t) "Retail food store" means any establishment or section of an establishment where food and food products are offered to the consumer for off-premise consumption. The term includes delicatessens that offer prepared food in bulk quantities only. (u) "Roadside food vendor" means a person who operates a mobile retail store from a temporary location adjacent to a public road or highway. (v) "Rules" means the rules and regulations adopted by the Commissioners Gourt pursuant to Chapter 437 of the Texas Health & Safety Code, as amended. (w)"State law and rules" means Chapter 437 of the Texas Health & Safety Code, as amended, and 'any regulations promulgated by the Texas Department of Health to regulate food- establishments. (x) "Temporary food establishment" means a food establishment that operates for a'period of no more than. 14 consecutive days in conjunction with a single event or celebration. e e (y) "Trained food manager" means an individual who has successfully completed the cerrification program meeting the requirements of the Regulatory Authority. III. PERMITS A. No person shall operate a food establishment without a permit issued by the Regulatory Authority. Permits are not transferable from one person to another or from one location to another location, except as otherwise permitted by these Rules. A valid permit must be posted in or on every food establishment in a conspicuous place. Only a person who complies with the 'requirements of state law and rules and these Rules shall be entitled to a permit. B. A food establishment operated solely by a nonprofit organization is exempt from the permining requirements of these Rules, but is not exempt from, complian~e with state laws and rules. An organization claiming exemption from these Rules as a 'nonprofit organization shall provide the Regulatory Authority with such documentation as deemed necessary to establish its current tax- exempt status. C. A bed and breakfast with seven or fewer rooms for rent that serves only breakfast to its overnight guests is not a food establishment for purposes of these Rules. Any other bed .and breakfast is a food establishment and shall follow the applicable state law and rules and must obtain a permit under these Rules. D. A permit holder shall designate or employ a trained food manager to be on duty each day of operation of the food establishment. IV. ISSUANCE OF PERMIT '" A. Any person desiring to operate a food establishment must make a written application for a permit on forms provided by the Regulatory Authority. The application must contain the name and addresses of each applicant, the location and type of the proposed food establishment, the applicable fee, and signature of applicant(s). An incomplete application will not be accepted. Failure to provide all required information or falsifying information required may result in denial or revocation of the permit. Renewals of permits are required on an annual basis and the. same information is required for a renewal permit as for an initial permit. B. A person desiring to operate a temporary food service establishment shall make application by mail three (3) weeks in advance of the event or in person two (2) full calendar days [excluding Sundays and holidays] prior to the event. For example, an in-person application for a Saturday event must be received no later than 5:00 p.m. on the Wednesday immediately preceding the event. For a Sunday or Monday event, the in-person application must be received no later than 5:00 p.m. on the Thursday immediate preceding the event. Fees for applications made in person must be paid in cash or by certified money order. If the temporary food establishment fails to make application within the specified period, the Regulatory Authority may consider late applications upon payment of the fee established for untimely applications.., C. Prior to the approval of an initial permit or the renewal of an existing permit, the Regulatory Authority shall inspect the proposed food establishment to determine compliance with state _ laws and rules. . e D. Vvnenever a food establishment is constructed or extensively remodeled and whenever an existing structure is convened to use as a food establishment, three (3) sets of properly prepared plans and specifications for such construction, remodeling or conversion shall be submitted to the Regulatory Authority for review and approval before work is begun. Extensive remodeling means that 20% or greater of the area of the food establishment is to be remodeled. The plans and specifications shall be to scale and shall indicate the proposed layout, equipment arrangement, mechanical plans and construction of materials of work areas, and the type and model of proposed fixed equipment and facilities. Before the Regulatory Authority reviews the plans and specifications, the applicant shall pay a new facility inspection fee. The Regulatory Authority shall approve the plans if the plans and specifications meet the requirements of state law and rules 'and any additional requirements imposed by the R~gulatory Authority. Such review and approval of plans and specifications shall be made in coordination with the review and approval of any related matters submitted to the Harris. County Engineer. The approved plans and specifications must be followed when performing':, construction, _. remodeling, or conversion. No permit shall be issued until the Regulatory Authority determines by inspection that all construction, remodeling, or conversion has been performed in accordance with the approved plans and specifications. E. Whenever a food establishment is constructed, extensively remodeled or whenever an existing establishment is converted to a food establishment, a minimum of two (2) pre-opening inspections shall be made. The purpose of the pre-opening. inspection(s) is to ensure compliance with the approved submitted plans and state law and rules. F. There shall be an annual renewal of a permit issued under these Rules. The renewal process shall be initiated by the submission of a new application and shall be conducted in the" same manner as an original application process. '" G. Any false statement made in an application is a basis fot denial of the permit. H. Prior to the issuance of a permit, the applicant or permit holder must pay all applicable fees. 1. The Regulatory Authority shall issue a permit to the applicant if its inspection reveals that the food establishment complies with requirements of these Rules and state la~ and rules. J. An applicant or permit holder that does not comply with state laws and ,rules may be denied a permit or the renewal of a permit. A. V. PROCEDURES FOR DENYING, SUSPENDING, OR REVOKING A PERMIT I Notice: In addition to other available rernedies, the Regulatory Authority may deny, suspend, or revoke any permit to operate a food establishment if the holder of the permit does not comply with state laws and rules and these Rules or if the operation of the establishment otherwise constitutes a substantial hazard to public health. A permit may he denied, suspended, or revoked only after notice and an opportunity for a hearing, as described in this section have been given. The notice must list the specific violations and a period of time in which violations are to be corrected. Failure to correct violations as listed on the notice will be grounds for denials, suspension, or revocation. If a permit is then denied, suspended, or revoked, the holder .- of the permit has three (3) working days to request a hearing. This request must be in writing and delivered to Harris County Public Health and Environmental Services. A hearing 'must be . . e, fieh " . . h h ' held within seven (7) working days of request. Ifno request or a eanng IS mane Wit t e tlme limits provided, the denial, suspension, or revocation is sustained. B. Service o/Notice: A notice provided for in these rilles is properly served when it is delivered to the permit holder or person in charge, or when it is sent by registered or certified mail, rerum receipt requested, to the last known address of'the holder of the permit. A copy of the notice must be filed in the records of Harris County Public Health and Environmental Services. C. Hearing: The hearing shall be conducted by Harris County Public Health and Environmental Services at a time and place designated by it. Based upon the recorded evidence of such hearings, the Director of Harris County Public Health and Environmental Services shall make a final finding; shall sustain, modify or rescind any notice or order considered in the hearing. The Regulatory Authority shall furnish a written report of the ~e~g decision to the holder of the permit. ' ':.:.. . VI. APPLICATION AFTER REVOCATION Whenever a revocation of a permit has become final, the holder of the revoked permit shall make written application for a new permit, and, if necessary, the food establishment may be required to submit plans and be subject to a pre-openi~g inspection. VII. CRIMINAL PENALTY A. A person commits an offense if the person operates a food establishment without a permit from . Harris County. B. An offense under this Section is a Class C Misdemeanor. .~: C. Each day on which a violation occurs constitutes a separate offense. VIII. INJUNCTION The County Attorney may sue in district court to enjoin a food service establishment, retail food establishment, mobile food establishment, roadside food vendor, or pushcart from operating without a permit, if one is required. IX. ADDITIONAL REQUIREMENTS FOR MOBILE FOOD ESTABLISHMENTS (INCLUDING PUSHCARTS AND ROADSIDE FOOD VENDORS) A. All mobile food establishments shall be readily identifiable by business name, printed in bold black letters not less than three (3) inches in height, not less than one and a half (l~) inches in width, permanently affixed, and prominently displayed upon at least two (2) sides of the units. B. Prior to the approval of the initial permit or renewal of an existing permit, '.the applicant or permit holder shall provide written details or plans regarding the systems installed for approved water source, distribution, delivery, and retention system and for waste, sewage, and wastewater retention, drainage, and delivery, and disposal or removal system for the mobile _ food establishment or unit. c. D. E. F. G. -, e A pushcart unit shall not!eed four'(4) feet in width, eight (8) feet in length and eight (8) feet in height including a unit's shade umbrella. In the event of an emergency situation. the unit shall be easily movable, controllable, and maneuverable by one (I) person when the unit is fully loaded. The bottom of the unit shall be at least one (1) foot from the ground. The unit shall b,e non self-propelled. Live animals shall be excluded from immediate adjacent surrounding areas of all mobile food estab'lishments. If toilet facilities are not provided on a mobile food establishment, a toilet facility shall be located within 500 feet. However, this provision does not apply to restricted mobile units. All motor vehicles operating as mobile food establishments #upon open roads, streets, and highways, shall maintain a current Texas motor vehicle inspectfDn "sticker and" a current Texas motor vehicle license plate registration sticker. In addition to state law and rules imposed on all mobile food establishments, the following additional requirements are imposed on ice cream trucks: 1. The ice cream truck shall have displayed warning signs that state "CAUTION ,CHILDREN" that are visible from the front an~ the rear of the unit. The letters shall be at least six (6) inches in height, at least three (3) inches in width, with bold black lettering on a yellow background, placed at the top, center ponion of the uuck, in front of, but not obstructing the view of any flashing lights. ' 2. The ice cream truck, while in operation, shall have flashing yellow lights that are clearly visible from the front of the unit and flashing red lights clearly visible from the rear of the unit. These lights shall be placed on both sides of the "CAUTION CHILDREN" sign. '" X.FEES . , The following fees are to be paid in connection with applications submitted pursuant to these Rules for the issuance or renewal of a permit. Food Establishment Permit Fee Category A. Category B.. --- Category C .... Category D Mobile Food Establishment Roadside Food Vendor Temporary Food Permit (14 Days) F or timely application For untimely application or on-site issuance Seasonal Permit (120 days) $250 $175 $100 $50 $150 $75 $50 $100 $100 Category A: any place where raw, potentially hazardous food is processed or prepared. Category B: any place where food preparation involves only reheating andlor serving of potentially hazardous food or the processing of nonpotentially hazardous food or precooked potentially hazardous food. ... Category C: any place where only nonpotenoally hazardous foods andlor prepackaged potentially hazardous foods are served or sold. No food processing is involved. . . .... Category D: any place, permanent or seasonal, serving or offering for sale crushed or shaved ice made in conjunction with a sugar and water based syrup that is essentially a nonpotentially hazardous food. e New-Facility Inspection Fee uupiicate or Replacement Permit e S25 S"- -::> XI. ENFORCEMENT The provisions of these Rules shall be enforced by the Director of Harris County Public Health and Environmental Services (the "Director") or his authorized representative. It shall be a violation of these Rules for any person in a food establishment to deny access to the Director or his authorized representative in the performance of his duties. XII. SEVERABILITY If any section, subsection, clause, phrase, or portion of these.. Rules is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, . s~~h "portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of these Rules. . Presentee 10 CommIS!l.onels :::o..~ COUNTY OF HARRlS ,- g g e AUG 0 8 2000 THE STATE OF TEXA,S APPROVE Recorded VOI_Page_ The Commissioners Court of Harris County, Texas, convened at a meeting of said Coun at the Harris County Administration Building in the City of Houston, Texas, on the 8th day of August, 2000 with the following members present, to-wit: Roben Eckels County Judge EI Franco Lee Commissioner, Precinct No. I James Fonteno Commissioner, Precinct No.2 Steve Radack Commissioner, Precinct No.3 ku} L..cr3olc Cemm.issiaaer, Prl!eiaet Ne. 1 ~d the following members absent, to-wit: ~ _ '~.~~' ~ '----6.- quorum, when among other business, the following was transacted: , constituting a ORDER OF Co.MMISSIONERS COURT AUTHORIZING NOTICES OF A PUBLIC HEARING TO CONSIDER AMENDMENTS TO RULES FOR THE REGULATION. OF FOOD EST ABLISHNIENTS IN HARRIS COUNTY, TEXAS . Commissioner ~ introduced an order ~lld made a motion that the same be adopted. Commissioner ~~ seconded the motion for adoption of the order. The motion, carrying with it t}(@tI.MJ\'JIt~th;e~rder'tirevail=the following vote: Judge Eckels 0 0 a Comm. Lee [8 0 0 Comm. Fonteno ~ 0 0 Comm. Radack · 0 0 AYES: NAYS: ABSTENTIONS: The County Judge thereupon announced that the motion 'had duly and lawfully carried and that the order had been duly and law-fully adopted. The order thus adopted follows: Recitals Tex. Health & Safety Code Ann. Chapter 437 (Vernon 1992 & Vernon Supp. 2000) ("Chapter 437") and the rules promulgated by the Texas Board of Health authorize Harris County to enforce certain laws and rules pertaining to cenain food service establishments, retail food stores, mobile food units, roadside food vendors, and temporary food service establishments in the unincorporated areas of Harris County,' including areas in the extraterritorial jurisdiction of a municipality. Pursuant to Chapter 437, the Commissioners CoUrt of Harris County may impose the following requirements: · Require a trained food manager to be on duty during each day of operation of a food establishment; and · Require food establishments to provide written details or plans regarding the systems installed for water source, distribution, delivery, and retention system and for waste, sewage, and wastewater retention, drainage, and delivery, and disposal or removal,. system Prior to the adoption of these requirements, the commissioners court must conduct a public hearing on the proposed order following at least two weeks' public notice of the public hearing to be hel~. This notice must be PUbli'ed in a newspaper of general eireultn in Hams County on three .:onsecutive days, printed in 10 point bold-faced type. ' Order A public hearing will be held by the Court pursuant to the provisions of Chapter 437 of the Health and Safety Code, at 1 :45 p.m. on September 12, 2000, in the Commissioners Coun Courtroom, 9lh Floor, 1001 Preston, Houston, Texas, for the purpose of hearing and considering the adoption of an order amending the Food-Service Sanitation Rules of Harris County. Notice of this hearing shall be given in a newspaper of general circulation in Harris County on three consecutive days at least two weeks before the day of the hearing. The notice must be printed in 10-point bold-faced type. The County Clerk is hereby authorized and directed to cause the notice of the public hearing to be published. The notice shall be substantially in the form atta~hed. I .