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HomeMy WebLinkAboutOrd 193 Amending Food Service Sanitation and Handling adding Food Manager CertificationORDINANCE NO. 193 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING ORDINANCE NO. 172, THE "FOOD SERVICE SANITATION AND HANDLING ORDINANCE" TO PROVIDE FOR A NEW SECTION 6: FOOD MANAGER CERTIFICATION; PROVIDING PENALTIES; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE AS FOLLOWS: PART I. That Ordinance No. 172, the "Food Service Sanitation and Handling Ordinance" for the Town of Westlake is hereby amended to provide for a new "Section 6: Food Manager Certification" which shall read as follows: "Section 6: Food Manager Certification A. Requirement 1. All food establishments handling open food and/or beverages shall have at least one person employed on site in a managerial capacity possessing a current Food Manager Certificate approved by the health department, unless specifically exempted in this ordinance. 2. All establishments with six or more employees that are required to have certified food managers must have one certified manager on duty per shift. 3. Food Manager Certification certificates shall be posted along with the health permit. B. Expiration 1. Food Manager Certification is valid for a period of three (3) years from the date of issuance unless sooner revoked by the health department. 2. Certification must be kept current at all times and all establishments must maintain compliance with Food Manager Certification requirements. C. Revocation 1. Repeated violations of the state food rules, closure of a food establishment by the health department, or suspension of a health permit may constitute cause for immediate revocation of Food Manager Certification. D. Change of Managers 1. Termination or transfer of certified managers does not change the requirements as stated above. 2. New managers shall have Food Manager Certification prior to or immediately following employment or transfer to meet the requirement. E. Change of Ownership 1. Since Food Manager Certification requirements are frequently new to new owners, there will be a 60 day grace period in which to obtain Food Manager Certification following the date of actual change of ownership. F. New Establishments 1. New food establishments must be in compliance with Food Manager Certification requirements prior to issuance of the first health permit. G. Exemptions 1. Temporary food establishments. 2. Establishments with uncut produce or packaged food only. 3. Convenience stores with fountain drinks, coffee, and/or popcorn. 4. Day care centers that do not prepare food other than heating/cooling of prepackaged items. PART II. Penalties Any person who violates a provision of this ordinance shall be subject to a fine not to exceed One Hundred ($100.00) Dollars for each offense, and each and every day such violation continues shall constitute a separate offense. PART III. Severability If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. PASSED AND APPROVED, this the 11th day of November, 1991. DALE L. WHITE, MAYOR TOWN OF WESTLAKE, TEXAS ATTEST: GERRY HIT , SECRETARY TOWN OF WESTLAKE, TEXAS APPROVED AS TO FORM ,­�'�r°(�/�f' PAUL C. ISHAM, TOWN ATTORNEY TOWN OF WESTLAKE, TEXAS \373-23.003\027.ord