HomeMy WebLinkAboutCity of Tamarac Ordinance O-1973-056:-4
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. �
AN ORDINANCE REPEALING ORDINANCE NO. 72-15
IN ITS ENTIRETY; PROVIDING FOR MINIMUM
STANDARDS OF HYGIENE FOR FOOD ESTABLISHMENTS;
PROVIDING FOR ISSUANCE OF PERMITS AND APPROVALS
FOR SUCH ESTABLISHMENTS, AND FOR REVOCATION
OF SAME; PROVIDING PENALTIES, AND OTHER REMEDIES,
FOR VIOLATIONS THEREOF; PROVIDING SEVERABILITY
CLAUSE. AND PROVIDING FOR AN EFFECTIVE DATE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That Ordinance No. 72--15 of the City of
Tamarac is hereby repealed in its entirety.
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The purpose of this or dinance is to further protect
the health,safety, and general welfare of the consuming public
in food establishments in the City of Tamarac, Florida.
SECTION 3: The following are hereby adopted as
part of this ordinance:
Chapters IOD-13, IOD-14 and IOD-15 of the Florida
Administrative Code;
All of Chapter 385 and 386, FLORIDA STATUTES.
SECTION 4: DEFINITIONS
In addition to those definitions included in the
adopted Florida Administrative Code Chapters, the following
definition shall apply in the interpretations and enforcement
of this ordinance.
a) "Management" - Includes anyone who conducts,
directs the affairs, and carries on the business
of food establishment, either for his own interest
or that of an owner and includes those responsi-
ble for operation and supervision.
SECTION 5: CITY HEALTH OFFICERS
The City hereby designates, pursuant to the authority
of Section 134 of the City Charter, the Broward County Health Depart-
ment and any of its officials as the City Health Officers, with
full power to enforce the ordinances of the City.
SECTION 5A: PERMIT REOUIRED.
No person, firm or corporation shall operate a food
establishment within the City of Tamarac, Florida, without
first obtaining and maintaining a valid permit or written
approval from the Broward County Health Department or State
Division. of Health. Such permits shall be issued only after
inspection of the premises of such food establishment by a
duly authorized representative of the Broward County Iiealth
Department. If such inspection reveals that the food establish-
ment is in violation of any applicable city or county health
ordinance or statute of the State of Florida, or any regulation
of the Division of Health of the Department of Health and
Rehabilitative Services, such permits shall not be issued until
the violation is corrected.
Permits for food service establishments and food
outlets shall automatically expire on Vl 4b)50_-Y AAA 1A
each year. Permits for food processing plants shall expire
on December 31st each year.
No occupational license shall be issued for the
operation of any food establishment prior to the issuance of
the Broward County Health Department permit of approval.
SECTION 6: PERMITS NOT TRANSFERABLE.
No food establishment permit shall be transferable
from one person, firm or corporation or from one location to
another.
SECTION 7: APPROVAL OF PLANS.
No construction, extension or alteration of food
service establishment, food outlet or food processing plant
shall take place before the owner and operator have submitted
complete plans for said establishment showing existing and
proposed layout and said plans have received written approval
by the Broward County Health Department.
SECTION 8: COMPLETION OF FOOD HYGIENE COURSE REQUIRED
OF FOOD ESTABLISHMENT MANAGERS AND SUPERVISORS
In order to insure that management and supervisors are
qualified to institute and maintain acceptable sanitary procedures
in the operation of a food business to minimize the possibility
of a foodborne disease outbreak, at least one person in management
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or supervision shall be required to have completed at least a
six (6) hour course of instruction and training conducted
and/or approved by the Health Department in basic food hygiene
relating to the proper storage, preparation and service of food
and drink. Satisfactory completion of this course shall be
demonstrated by successfully completing a written examination
administered by the Broward County Health Department, and a
certificate valid for five years shall be issued. Trained
management shall be responsible for training of its employees,
seeking assistance from the Health Department when needed. The
manager shall be responsible for having his supervisors attend
the training sessions as scheduled by the Health Department.
Compliance with this section shall be mandatory within one year
of the effective date of this ordinance.
SECTION 9: ENFORCEMENT.
It shall be the responsibility of the Director of the
Broward County Health Department or his duly authorized repre-
sentative to enforce the provisions of this ordinance throughout
the entire city.
SECTION 10: INSPECTIONS AND REVOCATION OF PERMITS.
The Broward County Health Department shall make
inspections of all food establishments within the City of
Tamarac, and should it be determined that a violation of any
provision of this ordinance is being maintained therein, said
Health Department shall give the operator of such food establish-
ment reasonable time by official notice, within which to
correct such violation.
Should the violation continue beyond the time specified
within the official notice, the said food establishment permit
may be revoked by the Health Department Authority ,except in
cases of food processing permits, for which procedures are
previously established. The Health Authority or his deputy
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appointed for such purpose shall be the hearing officer
to conduct a hearing on revocation of the permit. Said
hearing shall be held after fifteen days notice in writing
to the operator, served by registered or certified mail.
SECTION 11: POWER TO CLOSE.
If, in the opinion of the Health Authority, conditions
of a food establishment represent an immediate threat to the
life or health of the patrons and/or employees, the establishment
shall be ordered to close by actioncf the Health Authority.
The establishment shall remain closed until, in the opinion of
the Health Authority, no further danger exists.
SECTION 12: PENALTIE,S AND REMEDIES.
Any person violating any provision of this ordinance
shall be deemed guilty of a misdemeanor and punished as provided
by law.
If such violation be
continuing, each
day's
violation
shall be
a separate offense.
The violation of
any
of the
provisions of this ordinance may also be enforced by injunction,
including a mandatory injunction and such suit or action may
be instituted and maintained in the name of the City of Tamarac,
Florida.
SECTION 13: SEVERABILITY.
If any section, subsection, sentence, clause, phrase
or portion of this regulation 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 portion hereof.
SECTION 14: EFFECTIVE DATE.
This ordinance shall become effective immediately
upon its final passage.
I
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PASSED ON FIRST READING THIS DAY OF 1973.
PASSED ON SECOND READING THIS 1973.
DAY OF
PASSED ON THIRD READING THIS
ATTEST:
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Councilman
Socker