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Home My WebLink AboutCity of Tamarac Ordinance O-1976-029Proposed: G`ry� Introduced by: p Temp. #380 Revised 5/11/76 Revised 6/23 /76 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 1 AN ORDINANCE REPEALING ORDINANCE #73-56 IN IT'S ENTIRETY; RELATING TO MINIMUM STANDARDS OF HYGIENE FOR FOOD ESTABLISHMENTS; DESIGNA- TING BROWARD COUNTY HEALTH DEPARTMENT AS THE CITY HEALTH OFFICERS; PROVIDING FOR ISSUANCE OF PERMITS AND APPROVAL FOR SUCH ESTABLISH- MENTS; REQUIRING INSTRUCTION IN BASIC FOOD HYGIENE; RECOGNIZING THE BROWARD COUNTY FOOD PROTECTION ADVISORY BOARD; PROVIDING FOR INS- PECTIONS AND REVOCATION OF LICENSES; PROVID- ING FOR IMMEDIATE CLOSURE WHEN THERE IS A THREAT TO LIFE AND HEALTH; PROVIDING FOR REVOCATION OF CERTAIN PERMITS; PROVIDING FOR PENALTIES AND OTHER REMEDIES FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY OF INVALID PORTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That Ordinance No. 73--56 of the City of Tamarac is hereby repealed in its entirety. SECTION 2: PURPOSE. The purpose of this ordinance 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 10D-13, 1OD-14 and 1OD-15 of the Florida Administra- tive Code; All of Chapter 385 and 386, FLORIDA STATUTES. SECTION 4: DEFINITIONS In addition to those definitions included in the adopted Flor.'_da 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 responsible for operation and supervision. SECTION 5: CITY HEALTH OFFICERS The City hereby designates 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 and County. SECTION 5A: REQUIRING PERMITS 1. No person, firm, or corporation shall operate a food establishment within the City of Tamarac 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 and renewed only after inspection of the premises of such food establishments by a duly authorized representative of the Broward County Health Department. If such inspection reveals that the food establishment is in violation of any applicable city or county health ordinance or statute of the State of Florida, or any reg- ulation of the Division of Health of the Department of Health and Rehabilitative Services which may adversely affect food protection, such permits shall not be issued or renewed until the violation is corrected. 2. Permits for food establishments, food outlets, and food processing plants, shall automatically expire on September 30, each year. 3. No occupational license shall be issued for the operation of any food establishment prior to the issuance of the Broward County Health Department permit or approval. SECTION 6: PROHIBITING TRANSFER OF PERMITS No food establishment permit shall be transferable from one person, firm or corporation or from one location to another. SECTION 7: APPROVAL OF OONSTRUCTION, EXTENSION OR EXPANSION No construction, extension, expansion, or alteration of a Food Service Establishment, Food Outlet, or Food Processing Plant shall take place before the owner or operator has submitted complete plans for said establishment showing existing and proposed layout and said plans have received written approval from the standpoint of public health by the Broward County Health Department. -2- SECTION 8: REQUIRING INSTRUCTION In order to insure that management and supervisors are quali- fied to institute and maintain acceptable sanitary procedures in the operation of a food business to minimize the possibility of food -borne disease outbreak, at least one person in management 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 two (2) years shall be issued. Trained management shall be responsible for the training of its employees, seeking assistance from the Health Department when needed. SECTION 9: ENFORCEMENT It shall be the responsibility of the Director of Broward County Health Department or his duly authorized representative to enforce the provisions of this ordinance throughout the City of Tamarac. SECTION 10: INSPECTIONS AND REVOCATION OF LICENSES AND PERMITS (1) It shall be unlawful for any owner, manager, agent or person in charge of a food establishment to refuse entry to a duly authorized representative of the Broward County Health Department for purposes of inspection during regular business hours. (2) The Broward County Health Department shall make inspect- ions of all food establishments within The City of Tamarac as often as deemed necessary, and should it be determined that a violation of any provision of this ordinance is being maintained therein, said Health Department shall by hand delivery, or by registered or certified mail addressed to the operator of said food establishment at the street address of said food establishment give the operator of such food establishment an official notice provid- ing for a reasonable time within which to correct such violation. -3- (3) Should a violation continue beyond the time specified within the official notice, or should violations continually occur at a food establishment, the said food establishment shall be served with notice of hearing before the Food Protection Advisory Board, as set forth in Section 11 below. Said hearing shall deter- mine whether to revoke the food establishment's permit to operate. SECTION 11: FOOD PROTECTION ADVISORY BOARD (a) The City hereby recognizes the Broward County Food Protection Advisory Board as an official advisory agency to the Health Department, the Director of the Broward County Health Depart- ment, and his staff. (b) The Board shall hold hearings on complaints brought by the Broward County Health Department against operators of food establishments. The Director of the Broward County Health Depart- ment shall give to the operator of the food establishment not less than fifteen (15) days notice of the hearing before said Board. Such notice shall specify therein the violation complained of by the Director of the Broward County Health Department. The holder of the permit, which is recommended for revocation by the Director of the Broward County Health Department, shall have the opportunity to appear at said hearing and to show cause why the permit shall not be revoked. The notice of the hearing on the question of the revocation of a permit shall be served by hand delivery, or by registered or certified mail, addressed to the operator of such food establishment, at the street address of such food establishment. The Board, on conclusion of the hearing, may revoke the permit for the operation of a food establishment upon the failure of such establishment, or the owner thereof to comply with any of the pro- visions of this ordinance beyond the time for compliance specified in an official notice of violation, or if violations of this ordinance continually occur at a food establishment. (c) An application for re -issue of a revoked permit shall be made in the form of a letter to the Broward County Health Depart- ment requesting an inspection and permit, and shall be accompanied by a non -returnable administrative fee of one -hundred dollars ($100.00). gVrFPTnM 1 7 • TMMVnTATR 0T.ngTTT2F. OP F.RTART.T.qHMRMrP WHEN THREAT TO LIFE OR HEALTH If, in the opinion of the Broward County Health Department, -4- conditions of a food establishment represent an immediate threat to the life or health of the patrons and/or employees, the establish- ment shall be ordered to close immediately by action of the Broward County Health Department. This action shall be taken only after the review and concurrence of a Broward County Health Department supervisor or food specialist. The establishment shall remain closed until, in the opinion of the Broward County Health Depart- ment, no further danger exists. SECTION 13; PENALTIES Any person violating any provision of this ordinance shall be punished as provided by law. If such violation be continuing, each day's violations 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 Broward County and/or the City of Tamarac. Injunctive relief shall not preclude proceeding in a criminal action under this ordinance. A criminal action shall not preclude proceeding for injunctive relief. SECTION 14: 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 port- ion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof. SECTION 15: EFFECTIVE DATE This ordinance shall become effective immediately upon it's final passage. PASSED FIRST READING this cQ6 day of YNX 1976 PASSED SMOND READING thiso-f"S day of Ma ATTEST CC CITY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this ORDINANCE. J 6 RECORD OF COUNC MAYOR '11J. I VClt_.- Qj_.X� V/M H. MASSARO_�� C/W M. KELCH CAM 0.TUCKER CJM M. WEINBERGERft,�.� VOTE ?In "*-In . -5- Gemmi14 City Attor ey