HomeMy WebLinkAboutOrdinance - 4755-1965 - Repealing Ordinance No. 776 And Amending Chapter 13, Article I - 07/22/1965ORDINANCE NO. -~47'-5'-'5--~~-
06-12..-t9u5
AN ORDINANCE REPEALING ORDINANCE NO. 776 AND AMENDING
CHAPTER 13~ ARTICLE I OF THE CODE OF ORDINANCES; DE.FINING FOOD#
POTENTIALLY HAZARDOUS FOOD~ ADULTERATED, MISBRANDEDlll FOOD ..
SERVICE ESTABLISHMENTSl' TEMPORARY FOOD•SERVICE ESTABLISHMENT 6
HEALTH AUTHORITY~ UTENSILS, EQUIPMENT, ETC.; PROVIDING FOR THE
SALE OF ONLY UNADULTERATED, WHOLESOME, PROPEHLY BRANDED FOOD
REGULATING THE SOURCE OF FOOD; ESTABLISHING SANITATION STANDARDS
FOR FOOD, FOOD PROTECTION,~~ FOOD ... SERVICE PERSONNEL# FOOD-..SERVIC
OPERATIONS., FOOD EQU1PMENT AND UTENSILS,~~ SANITARY FACILITIES AND
CONTROLS, AND OTHER FACILITIES; REQUIRING PERMITS FOR THE OPERATI N
OF FOOD~ERVICE ESTABLISHMENTS; REGULATING THE INSPECTION OF SUC
ESTABLISHMENTS; PROVIDING FOR TilE EXAMINATION AND CONDEMNATION
OF FOOD; PROVIDING FOR THE ENFORCEMENT OF THIS ORDINANCE, AND
THE FIXING OF PENALTIES; PROVIDING FOR PUBLICATION; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE OF THIS
ORDINANCE.
WHEREAS, the governing body of the City of Lubbock finds that it would b
advantageous to the citizens of Lubbock and visitors to this City to have the benefit
of a comprehensive health code. NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Ordinance No. 776 being Chapter 13, Article I of the
Code of Ordinances of the City of Lubbock, Lubbock County, Texas is hereby repea ed.
SECTION 2. THAT Chapter 13, Article I of the Code of Ordinances of the
City of Lubbock, Lubbock County, Texas is hereby amended to read as follows:
11ARTICLE I" FOOD SERVICE SANITATION
SECTION A. DEFINITIONS
The following definitions shall apply in the interpretation and the enforce ...
ment of this Ordinance:
1. ADULTERATED Shall mean the condition of a food {a) if it bears or
contains any poisonous or deleterious s.ubstance in a quantity which may render it
injurious to health; {b) if it bears or contains any added poisonous or deleterious
substance for which no safe tolerance has been established by regulation, or in ex.,.
cess of such tolerance if one has been established; (c) if it consists in whole or in
part of any filthy, putrid~ or decomposed substance, or if it is otherwise unfit for
human consumption; (d) if it has been processed, prepared~ packed~ or held under
insanitary conditions~ whereby it may have become contaminated with filth, or
whereby it may have been rendered injurious to health; (e) if it is in whole or in
part the product of a diseased animal, or an animal which has died otherwise than
by slaughter; or (f) if its container is composed in whole or in part of any poisonou
or deleterious substance which may render the contents injurious to health.
2. APPROVED Shall mean acceptable to the health authority based on his
determination as to conformance with appropriate standards and good pt.d>lic health
ractice.
3. CLOSED Shall mean fitted together snugly leaving no openings large
enough to permit the entrance of vermin.
4. CORROSION.,.RESISTANT MATERIAL Shall mean a material which
maintains its original surface characteristics under prolonged influence of the food
cleaning compounds and sanitizing solutions which may contact it.
5. EASILY CLEANABLE Shall mean readily accessible and of such mat ...
erial and finish .. and so fabricated that residue may be completely removed by
normal cleaning methods.
6. EMPLOYEE Shall mean any person working :in a food .. service establish
ment who transports food or food containers .. who engages in food preparation or
service, or who comes in contact with any food utensils or equipment.
7. EQUIPMENT Shall mean all stoves, ranges .. hoods, meatblocks .. table ..
counters, refrigerators, sinks, dishwashing machines, steamtables .. and similar I items, other than utensils, used in the operation of a food ... service establishment.
8. FOOD Shall mean any raw, cooked, or processed edible substance,
beverage, or ingredient used or intended for use or for sale in whole or in part
for human consumption.
9. FOOD...CONTACT SURFACES Shall mean those surfaces of equipment
and utensils with which food normally comes in contact.. and those surfaces with wh ch
food may come in contact and drain back onto surfaces normally in contact with foo •
10. FOOD ... PROCESSING ESTABLISHMENT Shall mean a commercial esta
lishment in which food is processed or otherwise prepared and packaged for human
consumption.
11. FOOD...SERVICE ESTABLISHMENT Shall mean any fixed or mobile
restaurant; coffee shop; cafeteria; short.,.order cafe; luncheonette .. grill; tea .... room;
sandwich shop; soda fountain; tavern; bar; cocktail lounge; night club; roadside
stand; industriaJ. ... feeding establishment; private, public .. or nonprofit organization
institution routinely serving food; catering kitchen; commissary or similar place i
which food or drink is prepared for sale or for service on the premises or elsewhe
anp any other eating or drinking establishment or operation where food is served o
provided for the public with or without charge; except and provided, however, that
church engaging in the function of serving food at a church~affiliated function shall
not be included in the definition of a Food~Service Establishment.
12. HEALTH AUTHOR.ITY Shall mean the health authority of the City of
Lubbock or his designated representative.
13. KITCHE NW AR.E Shall mean all multiuse utensils other than tableware
used in the storage, preparation, conveying, or serving of food.
14. MISBRANDED Shall mean the presence of any written, printed, or
graphic matter, upon or accompanying food or containers of food, which is false or
misleading or which violates any applicable State or ~ocallabelling requirements.
'
15. PERISHABLE FOOD Shall mean any food of such type or in such
condition as may spoil.
16. PERSON Shall mean an individual, or a firm, partnership, company,
corporation, trustee, association, or any public or private entity.
17. POTE NTIALLY HAZARDOUS FOOD Shall mean any perishable food
which consists in whole or in part of milk or milk products, eggs, meat, poultry,
fish, shellfish, or other ingredients capable of supporting rapid and progressive
growth of infectious or toxigenic micro .... organisms.
18. SAFE TEMPERATURES~ as applied to potentially hazardous food,
shall mean temperatures of 45° F. or below, and 140° F. or above.
19. SANITIZE Shall mean effective bactericidal treatment of clean sur ..
faces of equipment and utensils by a process which has been approved by the health
authority as being effective in destroying micro-org9Jlisms, including pathogens.
20. SEALED Shall mean f~ee of cracks or other openings which permit the
entry or passage of moisture.
21. SINGLE .. SERVICE ARTICLES Shall mean cups, containers, lids, or
closures; plates, knives, forks, spoons, stirrers, paddles, straws, place mats,
napkins, doilies, wrapping materials; and all similar articles which are constructe
wholly or in part from paper, paperboard, molder pulp, foil,:wood, plastic, synthe c,
or other readily destructible materials, and which are intended by the manufacture s
and generally recognized by the public as for one usage only, then to be discarded.
22. TABLEWARE Shall mean all multiuse eating and drinking utensils, in ..
eluding flatware (knives, forks, and spoons).
23. TEMPORARY FOOD...SERVICE ESTABLISHMENT Shall mean any food•
service establishment which operates at a fixed location for a temporary per.iod of
time, not to exceed 2 weeks, in connection with a fair, carnival, circus, public
exhibition, or similar transitory gathering.
24. UTENSIL Shall mean any table ... ware and kitchen.-ware used in the
storage, preparation, conveying, or serving of food.
25. WHOLESOME Shall mean in sound condition, clean, free from adulter< ...
tion and otherwise suitable for use as human food.
SECTION B. FOOD
1. FOOD SUPPLIES: All food in food•service establishments shall be
from sources approved or considered satisfactory by the health authority, and
shall be clean, wholesome, free from spoilage, free from adulteration and mis.,.
branding, and safe for human consumption. No hermetically sealed, nonacid., and
low ... acid food which as having been processed in a place other than a commercial
food ... processing establishment shall be used.
2. FOOD PROTECTION: All food while being stored~ prepared,. displayed~
~erved~ or sold at food-service establishments~ or during transportation between
~uch establishments, shall be protected from contamination. All perishable food sh f1l
pe stored at such temperatures as will protect against spoilage. All potentially
p.azardous food shall be maintained at safe temperatures { 45° F. or below., or 140°
F .. or above}., except during necessary periods of preparation and service. Raw fru .. s
and vegetables shall be washed before use. Stuffings, poultry, stuffed meats and
poultry, and pork and pork products shall be thoroughly cooked before being served.
mdividual portions of food once served to the customer shall not be served again:
!Provided., that wrapped food which has not been unwrapped and which is wholesome
~ay be re-served.
Only such poisonous and toxic materials~re required to maintain sanitary L
conditions and for sanitization purposes may be used or stored in food-service es-
~ablishments. Poisonous and toxic materials shall be identified and shall be used
only in such manner and under such conditions as will not contaminate food or cons-
~itute a hazard to employees, or customers.
SECTION C PERSONNEL
1. HEALTH AND DISEASE CONTROLS: No person while affected with any
~isease in a communicable form,. or while a carrier of such disease, or while afflic -
ed with boils, infected wounds, sores, or an acute respiratory infection,. shall work ~n any area of a food-service establishment in any capacity in which there is a likeli
t ood of such person contaminating food or food-contact surfaces with pathogenic
organisms or transmitting disease to other individuals; and no person known or sus
~ected of being affected with any such disease or condition shall be employed in sucl:
an area or capacity. If the manager or person in charge of the establishment has
reason to suspect that any employee has contracted any disease in a communicable
form or has become a carrier of such disease, he shall notify the health authority
immediately ..
2. CLEANLINESS: All employees shall wear clean outer garments~ main-
tain a high degree of personal cleanliness, and conform to hygenic practices while
on duty. They shall wash their hands thoroughly in an approved handwashing facilit~
before starting work, and as often as may be necessary to remove soil and con-
tamination. No employee shall resume work after visiting the toilet room without r t-st
washing his hands.
SECTION D .. FOOD EQUIPMENT AND UTENSILS
1. SANITARY DESIGN,. CONSTRUCTION• AND INSTALLATION OF EQUIP
MENT AND UTENSILS: All equipment and utensils shall be so designed and of such
material and workmanship as to be smooth, easily cleanable~ and durable~ and shal
be in good repair; and the food-contact surfaces of such equipment and utensils shal #
~n addition, be easily accessible for cleaning .. nontoxic, corrosion resistant, and
!relatively nonabsorbent: Provided, That, when approved by the health authority,
exceptions may be made to the above materials, requirements for equipment such a
cutting boards~ blocks, and bakerst tables.
All equipment shall be so installed and maintained as to facilitate the cleanin
hereof, and of all adjacent areas.
Equipment in use at the time of adoption of the ordinance which does not mee
ully the above requirements may be continued in use if it is in good repair, capable
pf being maintained in a sanitary condition~ and the food-contact surfaces are nontox c.
Single-service articles shall be made from nontoxic materials.
2. CLEANLINESS OF EQUIPMENT AND UTENSILS: All eating and drinkin
lltensils shall be thoroughly cleaned and sanitized after each usage.
All kitchenware and food-contact surfaces of equipment, exclusive of cooking
~urfaces of equipment, used in the preparation or serving of food or drink, and all
rood-storage utensils" shall be thoroughly cleaned after each use. Cooking surfaces
pf equipment shall be cleaned at least once a day. All utensils and food-contact
surfaces of equipment used in the preparation,. service, display~ or storage of pot-
Emtially hazardous food shall be thoroughly cleaned and sanitized prior to such use.
Non-food-contact surfaces of equipment shall be cleaned at such intervals as to keep
hem in a clean and sanitary condition.
After cleaning and until use, all food-contact surfaces of equipment and utenf ils
~hall be so stored and handled as to be protected from contamination.
All single-service articles shall be stored.. handled, and dispensed in a
~anitary manner, and shall be used only once.
Food-service establishments which do not have adequate and effective facilit es
for cleaning and sanitizing utensils shall use single-service articles.
SECTION E. SANITARY FACILITIES AND CONTROLS
1. WATER SUPPLY: The water supply shall be adequate, of a safe, sanita y
quality., and from an approved source. Hot and cold running water under pressure
shall be provided in all areas where food is prepared., or equipment, utensils, or
containers are washed.
Water, if not piped into the establishment, shall be transported and stored
in approved containers, and shall be handled and dispensed in a sanitary manner.
Ice used for any purpose shall be made from water which comes from an
approved source, and shall be used only if it has been manufactured., stored., trans-
ported, and handled in a sanitary manner.
2. SEWAGE DISPOSAL: All sewage shall be disposed of in a public sewera ~e
system, or, in the absence thereof.J in a manner approved by the health authority.
3. PLUMBING: Plumbing shall be so sized, installed., and maintained as t
carry adequate quantities of water to required locations throughout the establishmen ;
as to prevent contamination of the water supply; as to properly convey sewage and
iquid wastes from the establishment to the sewerage or sewage-disposal system;
nd so that it does not constitute a $OUrce of contamination of food,. equipment, or
tensils, or create an insanitary condition or nuisance.
4. TOILET FACILITIES: Each food-service establishment shall be provide
ith adequate, conveniently located toilet facilities for its employees. Toilet fixtur
hall be of sanitary design and readily cleanable. Toilet facilities., including rooms
nd fixtures, shall be kept in a clean condition and in good repair. The doors of all
oilet rooms shall be self-closing. Toilet tissue shall be provided. Easily cleanabl
eceptacles shall be provided for waste materials,. and such receptacles in toilet
ooms for wo~en shall be covered. Where the use of non-water-carried sewage-
isposal facilities have been approved by the health authority, such facilities shall b
eparate from the establishment. When toilet facilities are provided for patrons,
uch facilities shall meet the requirements of this subsection.
5. HAND-WASHING FACILITIES: Each food~ service establishment shall
e provided with adequate., conveniently located hand-washing facilities for its em-
loyees, including a lavatQ:l'y or lavatCil.lries equipped with hot and cold or tempered
unning water~ hand-cleansing soap or detergent, and approved sanitary towels or
ther approved hand-drying devices. Such facilities shall be kept clean and in good
6. GARBAGE AND RUBBISH DISPOSAL: All garbage and rubbish contain·
ood wastes shall., prior to disposal,. be kept in leakproof, non-absorbent containers
hich shall be kept covered with tight-fitting lids when filled or stored, or not in
ontinous use: Provided, That such containers need not be covered when stored in
special vermin-proofed room or enclosure, or in a food-waste refrigerator. All
ther rubbish shall be stored in containers, rooms, or ·at:ea.s.:, in an approved mann •
he rooms,. enclosures, areas, and containers used shall be adequate for the stora
fall food waste and rubbish accumulating on the premises. Adequate cleaning fac· -
ies shall be provided, and each container, room, or area shall be thoroughly clean
fter the emptying or removal of garbage and rubbish. Food-waste grinders, if use ,
hall be installed in compliance with state and local standards and shall be t>f.:fl.».it.ab
· on&truc.tioq._ All garbage and rubbish shall be disposed of with sufficient frequency
nd in such a~ manner as to prevent a nuisance.
7. VERMIN CONTROL: Effective measures shall be taken to protect agai
he entrance into the establishment and the breeding or presence on the premises of
SECTION F. OTHER FACILITIES AND OPERATIONS
1. FLOORS .. WALLS~ AND CEILINGS: The floor surfaces in kitchens, in
ll other rooms and areas in which food is stored or prepared and in which utensils
e washed, and in walk-in refrigerators., dressing 0r locker rooms, and toilet
ooms, shall be of smooth, nonabsorbent materials~ and so constructed as to be ea ly
_; leanable: Provided., That the floors of non-refrigerated, dry-food-storage areas
v
need not be nonabsorbent. All floors shall be kept clean and in good repair. Floor
drains shall be provided in all roo:ms where floors are subjected to flooding-type
cleaning or where normal operation release or discharge water or other liquid was
on the floor. All exterior areas where food is served shall be kept clean and pro-
perly drained, and surfaces in such areas shall be finished so as to faciliate main-
tenance and minimize dust.
The walls and ceilings of all rooms shall be kept clean and in good repair.
All walls of rooms or areas in which food is prepared, or utensils ~r.hands are
washed, shall be easily cleanable, smooth, and light-colored, and shall have wash
able surfaces up to the highest level rea ched by splash or spray.
2. LIGHTING: All areas in which food is prepared or stored or utensils
are washed_. hand-washing areas, dressing or locker rooms, toilet rooms, and
garbage and rubbish storage areas shall be well lighted. During all clean-up act-
ivities., adequate light shall be provided in the area being cleaned, and upon or
around equipment being cleaned.
3. VENTll..A TION: All rooms in which food is prepared or served or uten ils
are washedoJ dressing or locker rooms. toilet rooms, and garbage and rubbish star ge
areas shall be well ventilated. Ventilation hoods and devices shall be designed to
prevent grease or condensate from dripping into food or onto food -preparation sur-
faces. Filters, where used, shall be readily removable for cleaning or replacerne t.
Ventilation systems shall comply with applicable State and local fire prevention re-
quirements and shall, when vented to the outside air, discharge in such manner as
not to create a nuisance.
4. DRESSING ROOMS AND LOCKERS: Adequate facilities shall be provid
for the orderly storage of employees1 clothing and personal belongings. Where em
ployees routinely change clothes within the establishment, one or more dressing
rooms or designated areas shall be provided for this purpose. Such designated are s
shall be located outside of the food-preparation, storage., and serving areas, and
utensil-washing and storage areas: Provided_. That., when approved by the health
authority~ such an area may be l'ocated in a storage room where only completely
packaged food is stored. Designated areas shall be equipped with adequate lockers
and lockers or other suitable facilities shall be provided in dressing rooms. Ores
ing rooms and lockers shall be kept clean.
5. HOUSEKEEPING: All parts of the establishment and its premises sha
be kept neat, clean., and free of litter and rubbish. Cleaning operations shall be
conducted in such a manner as to minimize contamination of food and food-contact
surfaces. None of the operations connected with a food-service establishment sh
be conducted in any room used as living or sleeping quarters. Soiled linens, coats
and aprons shall be kept in suitable containers until removed for laundering. No
live birds or animals shall be allowed in any area used for the conduct of food-se
establishment operations: Provided, That guide gogs accompanying blind persons
may be permitted in dining areas.
SECTION G." TEMPORARY FOOD SERVICE ESTABLISHMENTS
A temporary food-service establishment shall comply with all provisions of
his ordinance which are applicable to its operation: Provided~ That the health auth
·ty may augment such requirements when needed to assure the serV-ice of safe food;
ay prohibit the sale of certain potentially hazardous food and may modify specific
equirements for physical facilities when in his opinion no imminent health hazard
· 1 result.
SECTION H.~ ENFORCEMENT PROVISIONS
1. PERMITS: It shall be unlawful for any person to operate a food-service
stablishment within the City of Lubbock, or its police jurisdiction,. who does not
os.sess a valid permit issued to him by the health authority. Only a person who
omplies with the requirements of this ordinance shall be entitled to receive and re
ain such a permit. Permits shall not be transferabl~ from one person to another
erson or place. A valid permit shall be posted in every food-service establishmen.
ermits for temporary food-service establishments shall be issued for a period of
ime not to exceed 14 days.
A. ISSUANCE OF PERMITS: Any person desiring to operate a food-servic
establishment shall make written application for a permit on forms provided by the
ealth authority. Such application shall include: the applicant1s full name and post
office address and whether such applicant is an individual, firm., or corporation,
nd., if a partnership, the names of partners .. together with their addresses shall
e included; the location and type of the proposed food-service establishment; and th
signature of the applicant or applicants. If the application is for a temporary food-
service establishment., it shall also include the inclusive dates of the proposed
operation.
Upon receipt of such an application, the health authority shall make an in-
spection of the food-service establishment to determine compliance with the provisi ns
of this ordinance. When inspection reveals that the applicable requirements of this
ordinance have been met,. a permit shall be issued to the applicant by the health
authority.
B. SUSPENSION OF PERMITS: Permits may be suspended temporarily by
the health authority for failure of the holder to comply with the requirements of this
ordinance.
Whenever a permit holder or operator has failed to comply with any notice
issued under the provisions of section H. of this ordinance,. the permit holder or
operator shall be notified in writing that the permit 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 health authority by the permit holder.
Notwithstanding the other provisions of this ordinance, whenever the health
authority finds insanitary or other conditions in the operation of a food-service
establishment which., in his judgment., constitute a substantial hazard to the public
health, he may without warning,. notice~ or hearing~ issue a written notice to the
permit holder or operator citing such condition, specifying the corrective action to
be taken, and specifying the time period within which such action shall be taken; anc
it deemed necessary, such order shall state that the permit is immediately suspend ~d,
and all food-service operations are to be immediately discontinued. Any person to
whom such an order is issued shall comply immediately therewith, but upon written
petition to the health authority, shall be afforded a hearing as soon as possible.
C. REINSTATEMENT OF SUSPENDED PERMITS: Any person whose perm t
has been suspended may~ at any time., make application for a reinspection for the
purpose of reinstatement of the permit. Within 10 days following receipt of a
written request, including a statement signed by the applicant that in his opinion the
conditions causing suspension of the permit have been corrected,. the health authori IY
shall make a reinspection. If the Applicant is complying with the requirements of
this ordinance, the permit shall be reinstated.
D. REVOCATION OF PERMITS: For serious or repeated violations of any
of the requirements of this ordinance, or for interference with the health authority
in the performance of his duties, the permit may be permanently revoked after an
opportunity for a hearing has been provided by the health authority. Prior to such
action~ the health authority shall notify the permit holder in writing, stating the
reasons for which the permit is subject to revocations and advising that the permit
shall be permanently revoked at the end of 5 days following service of such notice,
unless a request for a hearing is filed with the health authority, by the permit holde ,
within such 5-day period. A permit may be suspended for cause pending its re-
vocation of a hearing relative thereto.
E. HEARINGS: The hearings provided for in this section shall be conducte
by the health authority at a time and place designated by him. Based upon the reco d
of such hearing~ the health authority shall make a finding and shall sustain .. modify~
or rescind any official notice or order considered in the hearing. A written report
of the hearing decision shall be furnished to the permit holder by the health authori r.
2. INSPECTION OF FOOD SERVICE ESTABLISHMENTS: At least once
every 6 months, the health authority shall inspect each food-service establishment
located in the City of Lubbock., or its police jurisdiction., and sha ll make as many
additional inspections and reinspections as are necessary for the enforcement of
this ordinance.
A. ACCESS TO ESTABLISHMENTS: The health authority,, after proper
identification., shall be permitted to enter., at any reasonable time., any food-servic ~
establishment within the City of Lubbock .. or its police jurisdiction., for the purposE
of making inspections to determine compliance with this ordinance. He shall be
permitted to examine the records of the establishment to obtain pertinent informati n
pertaining to food and supplies purchased,. received or used, and persons employed
B. INSPECTION RECORDS; DEMERIT VALUES; DEMERIT SCORES:
Whenever the health authority makes an inspection of a food-service establishment~
he shall record his findings on an inspection report form provided for this purpose~
and shall furnish the original of S';lch inspection report form to the permit holder 01
operator. Such form shall summarize the requirements of sections B. through G.
of this ordinance and shall set forth demerit point values for each such requiremen ~
in accordance with PHS form 40066 a copy of which is appended and a part of this
section. Upon completion of an inspection, the health authority shall total the demE irit
point values for all requirements in violation~· such total becoming the demerit sco e
for the establishment.
c. ISSUANCE OF NOTICES: Whenever the health authority makes an inspec ion
of a food-service establishment and discovers that any of the requirements of secti ns
B. through G. of this ordinance have been violated, he shall notify the permit holder
or operator of such violations by means of an inspection report form or other writt n
notice. In such notification., the health authority shall:
~. Set forth the specific violations found, together with the demerit score
of the establishment.
2. Establish a specific and reasonable period of time for the correction of
the violations found, in accordance with the following provisions:
(a) When the demerit score of the establishment is 20-.n~ less, all violat
ions of 2 or 4 demerit points must be corrected by the time of the next routine in-
spection; or
{b) When the demerit score of the establishment is more than 20 but not
more than 40., all items of 2 or 4 demerit points must be corrected within a period
of time not to exceed 30 days; or
(c) When one or more 6 demerit point items are in violation, regardless
of demerit score, such items must be corrected within a period of time not to exce d
10 days.
(d) When the demerit score of the establishment is more than 40, the
permit is immediately suspended.
(e) In the case of temporary food-service establishments, violations mu t
be corrected within a specified period of time not to exceed 24 hours. Failure to
comply with such notice shall result in immediate suspension of the permit.
3. state that failure to comply with any notice issued in accordance with the
provisions of this ordinance may result in immediate suspension of the permit.
4. state that an opportunity for appeal from any notice or inspection finding
will be provided if a written request for a hearing is filed with the health authority
within the period of time established in the notice for correction.
D. SERVICE OF NOTICES: Notices provided for under this section shall be
deemed to have been properly served when the original of the inspection report for
or other notice has been delivered personally to the permit holder or person in cha
or such notice has been sent by registered or certified mail., return receipt reques
to the last known address of the permit holder. A copy of such notice shall be filed
with the records of the health authority.
3. EXAMINATION AND CONDEMNATION OF FOOD: Food may be examine
or sampled by the health authority as often as may be necessary to determine free
from adulteration or misbranding. The health authority may., upon written notice t
the owner or person in charge., place a hold order on any food which he determines
or has probable cause to believe to be unwholesome or otherwise adulterated., or
misbranded. Under a hold order., food shall be permitted to be·suitably stored. It
shall be unlawful for any person to remove or alter a hold order, notice or tag plac
on food by the health authority., and neither such food nor the containers thereof sh
be relabled, repacked, reprocessed, altered., disposed of., or destroyed without
permission of the health authority., except on order pya court of competent jurisdi
After the owner or person in charge has had a hearing as provided for in subsectio
H. 2. c. ( 4).., and on the basis of his examination in the event a written request for
hearing is not received within 10 days., the health authority may vacate the hold or
or may by written order direct the owner or person in charge of the food which was
placea under the hold order to denature or destroy such food or to bring it into com
pliance with the pro~isions of this ordinance: Provided., That such order of the hea th
authority to denature or destroy such food or bring it into compliance with the pro-
visions of this ordinance shall be stayed if the order is appealed to a court of comp -
tent jurisdiction within 3 days.
4. FOOD-SERVICE ESTABLISHMENTS OUTSIDE JURISDICTION OF THE
HEALTH AUTHORITY: Food from food-service establishments outside the jurisdi
of the health authority of the City of Lubbock may be sold within the City of Lubboc
if such food-service establishments conform to the provisions of this ordinance or
substantially equivalent provisions. To determine the extent of compliance with su h
provisions, the health authority may accept reports from responsible authorities in
other jurisdictions where such food-service establishments are located.
5. PLAN REVIEW OF FUTURE CONSTRUCTION: When a food-service es-
tablishment is hereafter contructed or extensively remodeled., or when an existing
structure is converted for use as a food-service establishment., properly prepared
plans and specifications for such construction,. remodeling., or alteration., showing
layout., arrangement, and construction materials of work areas,. and the location.,
size, and type of fixed equipment and facilites., shall be submitted to the health
authority for approval before such work is begun.
6. PROCEDURE WHEN INFECTION IS SUSPECTED: When the health autho ity
has reasonable cause to suspect possibility of disease transmission from any food-
service establishment employee., the health authority shall secure a morbidity hist
of the suspected employee, or make such other investigation as may be indicated.,
take appropriate action. The health authority may require any or all of the followi
measures: (a) The immediate exclusion of the employee from all food-service est
lishments; {b) the immediate closure of the food-service establishment concerned
. ' ....
until, in the opinion of the health authority, no further danger of disease outbreak
exists; (c) restriction of the employeets services to some area of the establishmen
where there would be no danger of transmitting disease; and (d) adequate medical
and laboratory examinations of the employee, of other employees, and of his and
their body discharges.
7. ENFORCEMENT INTERPRETATION: This Ordinance shall be en•
forced by the health authority in accordance with the interpretation thereof,con ...
tained in the complaince provisions of the 1962 Edition of the "United States Public
Health Service Food.,.Service Sanitation Ordinance and Code11 • A copy of said Food
Service Sanitation Ordinance and Code shall be filed with the City Secretary and a
copy maintained in the office of the City ... County Health Department of the City of
Lubbock, Texas, all such copies to be available to public inspection during busines
hours of the offices where they are maintained."
SECTION 3. Penalties. Any person who shall violate any of the provisio s
of this Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, I shall be punished by a fine of not more than Two Hundred ($200. 00) Dollars. In
addition thereto, such persons may be enjoined from continuing such violations.
Each day upon which such a violation occurs shall constitute a separate violation.
SECTION 4. Repeal and Date of Effect: This Ordinance shall be in full
force and effect 12 months after its adoption and publication as provided by law;
and, at that time, all ordinances and parts of ordinances in conflict with this
Ordinance are here by repealed.
SECTION 5. Unconstitutionality Clause. Should any section, paragraph,
sentence, clause, or phrase of this Ordinance be declared unconstitutional or
invalid for any reason, the remainder of said Ordinance shall not be affected there y.
SECTION 6. Publication. The City Secretary is authorized and directed
to cause the publication of the descriptive caption of this Ordinance together with t e
penalty provision as an alternative method of publication as provided by law.
AND IT IS SO ORDERED
Passed by the Council on first reading this 22nd day of .....o~o~J~.:::u:.:.l..._y _____ ~, 1965.
Passed by the Council on second reading this J.21b. day of -..:.:A:.:ug,gu=s=-t.:::...-----·· 1965
~. Mayor fii'J•
-=-.~ptto~~~CJO..q..~:,.L<~c..~~~~::----=-------.:.W. E. Alderson
Effective date 9-1-66