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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BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That Ordinance No. 72--15 of the City of Tamarac is hereby repealed in its entirety. NNow iUklw► Uii!BWGLq 0 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 -2- 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 -3- 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 I I PASSED ON FIRST READING THIS DAY OF 1973. PASSED ON SECOND READING THIS 1973. DAY OF PASSED ON THIRD READING THIS ATTEST: o r AM V r i axe an LZ Councilman Socker