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Home My WebLink AboutO-1992-1743-A e e ORDINANCE NO. 1743-A AN ORDINANCE AMENDING ORDINANCE NO. 1743 , "AN ORDINANCE OF THE CITY OF LA PORTE, PROVIDING FOR THE SALE OF ONLY SOUND, PROPERLY LABELED FOOD ~ ESTABLISHING SANITATION STANDARDS FOR FOOD PROTECTION AND SERVICE; ADOPTING BY REFERENCE TEXAS DEPARTMENT OF HEALTH 'RULES ON FOOD SERVICE SANITATION' AND THE 'RULES ON FOOD SERVICE SANITATION FOR HARRIS COUNTY, TEXAS'; REQUIRING PERMITS FOR THE OPERATION OF FOOD ESTABLISHMENTS; DESIGNATING THE DIRECTOR OF THE HARRIS COUNTY HEALTH DEPARTMENT AS THE HEALTH AUTHORITY~ REQUIRING FOOD SERVICE MANAGER CERTIFICATION IN FOOD SANITATION ~ AND PROVIDING REMEDIES AND PENALTIES FOR VIOLATIONS OF THE ORDINANCE." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. section 1 of Ordinance No. 1743, passed and approved on April 22', 1991, is amended, and shall hereafter read as follows, to-wit: "section 1. DESIGNATION OF HEALTH AUTHORITY The Cit~ of La Porte designates the Direc~or of the Harris County Health Department as its health authority for the purpose of food establishment surveillance for the public health protection of its residents. Harris County Health Department shall be responsible for enforcement of the City'S food permit ordinance and shall provide a semi-annual report to the City'S Health Officer which documents violations of health ordinances, and food establishment surveillance program activities within the City of La Porte. The City of La Porte hereby grants to the Harris County Health Department and its designated representatives, the authority to issue citations, give notices, make inspections and file charges arising out of any violation of this Ordinance." section 2. section 4 of Ordinance 1743, passed and approved on April 22, 1991, is amended, and shall hereafter read as follows, to-wit: . e ORDINANCE NO. 1743-A Page 2 "section 4. FOOD PERMITS (A) Requirement - It shall be unlawful for any person to operate a food establishment in the city, unless he possesses a current and valid health permit issued by the Harris County Health Department. (B) Posting - A valid permit shall be posted in public view in a conspicuous place at the food establishment for which it is issued. (C) Non-transference (Change of ownership) - Permits issued under the provisions of this article are not transferable. Upon change of ownership of a business the new business owner will be required to meet current standards as defined in city ordinances and state law before a permit will be issued. (D) Denial of Permits - The Harris County Health Department may deny a permit to operate a food service establishment, retail food store, temporary food establishment, mobile food unit or roadside food vendor if the holder of the permit does not comply with these rules and regulations or if the operation of the establishment otherwise constitutes a substantial hazard to public health. The Harris County Health Department shall notify any applicant in writing that a permit is being denied and shall list the specific reasons for the denial. The applicant shall have ten (10) days after receipt of the notice of denial to request a hearing. The request must be in writing and must be delivered to the Harris County Health Department within the ten day period. A hearing must be held within seven (7) days of the request. (E) Suspension of Permits - The Harris County Health . e ORDINANCE NO. 1743-A page 3 Department may, without warning, notice or hearing, suspend any permit to operate a food establishment if the holder of the permit does not comply with this ordinance and the rules herein adopted, or if the operation of the establishment otherwise constitutes a substantial hazard to public health. Suspension is effective upon service of notice of suspension. When such notice is given all food service operations shall cease immediately. The notice must list specific violations of rules and regulations and a period of time in which violations are to be corrected. Failure to correct violations as listed on the notice shall be grounds for further sus~ension or revocation of a permit. If a permit is suspended the holder of the permit has ten (10) days after receiving notice of such suspension to request a hearing. The request must be in writing and be delivered to the Harris County Health Department within the ten day period. A hearing must be held within seven (7) days of the request. If no request for hearing is made within the time period, suspension shall be sustained. The Harris County Health Department may end the suspension at any time if reasons for suspension no longer exist. (F) Revocation of Permit - The Harris County Health Department may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of this ordinance and the rules herein adopted or for interference with the Health Department or the City of La Porte in the performance of their duties. Prior to revocation, the Harris County Health Department shall notify the holder of the permit, or the person in charge, in writing, of the reasons for which the permit is subject to revocation and that the permit . e ORDXNANCE NO. 1743-A paqe 4 shall be revoked at the end of the ten (10) day period following service of such notice unless a written request for a hearing is filed with the Harris County Health Department within such ten (10) day period. If no request for hearing is filed within the ten (10) day period, the revocation of the permit shall become final. If a request for hearing is timely made, a hearing must be held within seven (7) days of the request. (G) Hearings - The hearings provided for in these rules shall be conducted by the Harris County Health Department at a time and place designated by it. Based upon the recorded evidence of such hearings, the Harris County Health Department 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 Harris County Health Department. (H) Application after Revocation - Whenever a revocation of a permit has become final pursuant to the dete~ination of the Director of the Harris County Health Department, the holder of the revoked permit may make written application for a new permit to the Health Department. (I) Permit Fees - A health permit fee as established by the Commissioners Court in unincorporated areas of the county is required annually for each food establishment. Fees are due and payable on or before one (1) year from date of issuance of the permit and are to be paid to the Harris County Health Department at 2501 Dunstan, Houston, Texas." . . ORDINANCE NO. 1743-A Page 5 section 3. Any person who violates a provision of this ordinance, upon conviction in the municipal court of the City of La Porte, shall be subject to a fine not to exceed two hundred dollars ($200.00) for each offense, and each and every day such violation continues shall constitute a separate offense. section 4. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the city Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed separately. section 5. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. section 6. 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 tim~. required by law prece~~ng this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised civil statutes Annotated: and that this meeting has been open to the public as required by law at all times during which e . ORDINANCE NO. 1743-A Page 6 this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. section 7. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 15th day of December, 1992. CITY OF LA PORTE BY~IZ<1~~1 Norman L. Ma 0 e Mayor ATTEST: Ch~~ City Secretary