HomeMy WebLinkAboutOrdinance - 2003-O0065 - Amending Chapt. 12 Adopting Manufacturing & Warehouse Practive Food Rules, Etc. - 06/12/2003First Reading
June 12, 2003
Item No. 55
ORDINANCE NO. 2003-00065 -'---'-"--"'-'-'-'------
Second Reading
June 19,. 2003
Item No. 14
AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
DEFINTIONS; ADOPTION OF MANUFACTURING PRACTICE AND
WAREHOUSE PRACTICE FOOD RULES; INSPECTIONS; ISSUANCE OF
PERMITS AND FEES; PROVIDING A SA VIN GS CLAUSE; PROVIDING A
PENALTY; AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock, Texas deems it in the
best interest of the health, safety, and welfare of the citizens of Lubbock to make the
following amendments to Chapter 12 of the Code of Ordinances with regard to; NOW
THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. Section 12-16 of the Code of Ordinances ofthe CityofLubbock,
Texas, is hereby amended to read as follows:
Sec. 12-16. Definitions.
For the purposes of this article:
City health officer shall mean the City of Lubbock health officer or designated
representative.
Tight-fitting shall mean "close fitting."
Food establishment shall mean those commercial establishments defined as
"food processing plant" or "food establishment" by the Texas Food
Establishment Rules adopted by the Texas Board of Health and such
definitions shall not be deemed to include kitchens in private homes preparing
nonpotentially hazardous food items for sale as fund raising items by
charitable and nonprofit organizations on a temporary basis, nor shall such
terms include the site at which such sales for charitable purposes take place.
SECTION 2. THAT Section 12-20 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby added to read as follows:
Sec. 12-20. Adoption of manufacturing practice and warehouse
practice food rules.
The "Texas Current Good Manufacturing Practice and Good
Warehousing Practice in Manufacturing, Packing, or Holding Human
Food Rules" adopted by the Texas Department of Health on August
15, 1999, as amended, are hereby incorporated into this article by
reference and food sanitation, as it relates to the manufacturing and
warehousing of food, within the city shall be enforced and regulated in
accordance with said rules. A copy of said rules shall be filed with the
city secretary and a copy maintained in the office of Environmental
Health, which said copies shall be available for public inspection
during the business hours of the offices in which they are maintained.
SECTION 3. THAT Section 12-28 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended to read as follows:
Sec. 12-28. Inspection.
Upon receipt of an application for a permit under this article, the city
environmental health department shall make an inspection of the food
establishment to determine compliance with the provisions hereof and assess
the food base risk factor for the food establishment. The food base risk factor
shall be assessed by means of the criteria established in the "Food
Establishment Risk Assessment Tool" adopted by the City Council, as
amended. A copy of said assessment tool shall be filed with the city secretary
and a copy maintained in the office of Environmental Health, which said
copies shall be available for public inspection during the business hours of the
offices in which they are maintained. The city health officer may make such
inspections thereafter as it shall deem necessary to ensure compliance with
this article.
SECTION 3. THAT Section 12-29 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended to read as follows:
Sec. 12-29. Issuance; fee.
When inspection reveals that the applicable requirements of this article have
been met and a food base risk factor has been assigned to the food
establishment, a permit shall be issued to the applicant by the city
environmental health department. The annual permit fee to be paid by each
applicant shall be as follows:
(1) Food service permit, and child care food service permit:
Base Risk Factor
0-15
16-30
31-50
over 51
(2) Food processing permit:
Risk Category
1
2
3
4
Permit Fee
$ 90.00
$165.00
$245.00
$325.00
Square footage 0-1000 ............................................. $135.00
Square footage 1001-5000 ....................................... $160.00
Square footage 5001-10,000 ...................................... $180.00
Square footage over 10,000.. .. . .. . .. ... . .. . . . . .. .. . . .. . .. . .. . . $200.00
(3) Temporary food service permit:
For first two (2) days ........................................ .
For each day after first two (2) days ...................... .
day
(4) Reinspection fee .................................................. .
$50.00
$10.00 a
$90.00
(5) Charitable and nonprofit organizations that do not charge fees for the sale
of food or food related services shall be exempt from permit fees.
SECTION 4. THAT violation of any provision of this Ordinance shall be
deemed a misdemeanor with a fine not to exceed One thousand dollars ($1,000),
punishable as provided by Sec. 11-72 of the Code of Ordinances of the City of
Lubbock.
SECTION 5. THAT should any paragraph, section, clause, phrase or word of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder of
the Ordinance shall not be affected thereby.
SECTION 6. THAT the City Secretary of the City of Lubbock, Texas, is
hereby authorized and directed to cause publication of the descriptive caption of this
Ordinance as an alternative means of publication provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 12th
2003.
Passed by the City Council on second reading this _..;;;;==--
2003.
ATTEST:
cca Garza, City Se~ ~
APPROVED AS TO FORM:
Food-risk-permit.ord
May 28, 2003
day of _ __:cJ...::u...::n-=-e _ _,
June