Ordinance No. 10,167Published in the Baytown Sun on
Thursday, September 30, 2005 and
ORDINANCE NO. 10,167 Tuesday, October 4, 2005
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 42 "HEALTH AND SANITATION," ARTICLE IV "FOOD AND
FOOD SERVICE ESTABLISHMENTS," DIVISION 2 "PERMIT," SECTION
42 -179 "INSPECTION OF PREMISES," SECTION 42 -180 "ISSUANCE ";
SECTION 42 -185 "SUSPENSION," SUBSECTION (A); AND SECTION 42-
186 "REVOCATION," SUBSECTION (A); AND DIVISION 3 "INSPECTION
AND ENFORCEMENT," SECTION 42 -216 "AUTHORITY/ENFORCEMENT,"
SUBSECTIONS (A) AND (B) OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO ALLOW THE EFFICIENT AND EFFECTIVE
APPLICATION OF THE SMOKING ORDINANCE AS IT APPLIES TO FOOD
SERVICE ESTABLISHMENTS; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM
PENALTY OF TWO THOUSAND AND NO /100 DOLLARS ($2,000.00); AND
PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE _.D.A =rGr-
THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section l: That Chapter 42 "Health and Sanitation," Article IV "Food and Food
Service Establishments," Division 2 "Permit," Section 42 -179 "Inspection of premises" of the
Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 42. HEALTH AND SANITATION
ARTICLE IV. FOOD AND FOOD SERVICE ESTABLISHMENTS',,__
DIVISION 2. PERMIT
Sec. 42 -179. Inspection of premises.
Upon receipt of an application for a permit required under this division, the regulatory
authority shall make an inspection of the food service establishment to determine compliance
with the provisions of this article and article III of this chapter.
Section 2: That Chapter 42 "Health and Sanitation," Article IV "Food and Food
Service Establishments," Division 2 "Permit," Section 42 -180 "Issuance" of the Code of
Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 42. HEALTH AND SANITATION
ARTICLE IV. FOOD AND FOOD SERVICE ESTABLISHMENTS
0 DIVISION 2. PERMIT
0 Sec. 42 -180. Issuance.
When inspection reveals that the applicable requirements of this article and article III of
this chapter have been met, a food service establishment permit shall be issued to the applicant
by the health authority. Only a person who complies with the requirements of this article shall be
entitled to receive and retain such a permit.
Section 3: That Chapter 42 "Health and Sanitation," Article IV "Food and Food
Service Establishments," Division 2 "Permit," Section 42 -185 "Suspension," Subsection (a) of
the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 42. HEALTH AND SANITATION
ARTICLE IV. FOOD AND FOOD SERVICE ESTABLISHMENTS
DIVISION 2. PERMIT
Sec. 42 -185. Suspension.
(a) A permit issued under this division may be suspended by the health authority for failure
of the holder to comply with the requirements of this article or article III of this chapter.
Whenever a permit holder or operator has failed to comply with any notice issued under
this article, 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 within ten days of receipt of notice of suspension.
Section 4: That Chapter 42 "Health and Sanitation," Article 1V "Food and Food
Service Establishments," Division 2 "Permit," Section 42 -186 "Revocation," Subsection (a) of
the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 42. HEALTH AND SANITATION
ARTICLE IV. FOOD AND FOOD SERVICE ESTABLISHMENTS
DIVISION 2. PERMIT
Sec. 42 -186. Revocation.
(a) For critical or repeated violations of any of the requirements of this article or article III of
this chapter or for interference with the health authority in the performance of his duties,
a permit issued under this division may be revoked with no right of reinstatement 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 revocation and advising that the permit shall be permanently
revoked at the end of ten days following service of such notice, unless a request for a
hearing is filed with the health authority by the permit holder within such ten -day period.
A permit may be suspended. for cause, pending its revocation or a hearing relative
thereof
Section 5: That Chapter 42 "Health and Sanitation," Article IV "Food and Food
Service Establishments," Division 3 "Inspection and Enforcement," Section 42 -216
"Authority/enforcement," Subsections (a) and (b) of the Code of Ordinances, City of Baytown,
Texas, is hereby amended to read as follows:
CHAPTER 42. HEALTH AND SANITATION
ARTICLE IV. FOOD AND FOOD SERVICE ESTABLISHMENTS
DIVISION 3. INSPECTION AND ENFORCEMENT
Sec. 42 -216. Authority /enforcement.
(a) The provisions of this article and article III of this chapter shall be enforced by the
regulatory authority. The regulatory authority has the authority to issue citations to
persons violating the provisions of this article as well as article III of this chapter. It shall
be unlawful for any person to interfere with the regulatory authority in the performance
of his duties as prescribed in this article or article III of this chapter.
(b) The regulatory authority, after proper identification, shall be permitted to enter any food
service establishment at any reasonable time, for the purpose of making inspections to
determine compliance with this article and article III of this chapter. The regulatory
authority shall be permitted to examine the records of the establishment to obtain
information pertaining to food and supplies purchased, received, or used, and to persons
employed and to obtain sales data for the location, which shall include sufficient
breakdown of sales into categories of food, alcoholic beverages, and other major
categories of sales at the location. If a person denies access to the regulatory authority,
the regulatory authority shall inform the person that:
(1) The food establishment is required to allow access to the regulatory authority as
specified under this subsection;
(2) Access is a condition of the acceptance and retention of a food establishment
permit to operate as specified under section 42 -180; and
(3) If access is denied, the food establishment permit is automatically suspended and
the business must immediately cease operations as specified under section 42-
® 185.
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Section 6: 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 7: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 8: Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding
TWO THOUSAND AND NO 1100 DOLLARS ($2,000.00). Each act of violation and each day
upon which any such violation shall occur shall constitute a separate offense. In addition to the
penalty prescribed above, the city may pursue other remedies such as abatement of nuisances,
injunctive relief, administrative adjudication and revocation of licenses or permits.
Section 9: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official newspaper of the City of Baytown at
least twice within ten (10) days after passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 27th day of September, 2005.
APPROVED AS TO FORM:
C--- � 1 =%'! � �
CALVIN MUNDINGER, Mayor
ACID RAMIREZ, SR., ty Attorney
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