Loading...
The city council shall adopt a schedule of fees for food manager’s certificates and food handler’s certificates. The health department may not issue a certificate until all requisite fees have been paid.
(Ord. 12553, § 1, passed 6-18-1996; Ord. 25772-09-2022, § 1, passed 9-27-2022, eff. 10-1-2022)
When the director determines that a violation of this article has occurred or is occurring, the following remedies are available to the director. The remedies provided for in this section or elsewhere in this article are not exclusive. The director may take any, all, or any combination of these actions against a violator, consecutively or concurrently:
(a) Issuance of a warning notice;
(b) Issuance of one or more citations;
(c) Emergency closure/suspension order;
(d) Nuisance abatement, if applicable;
(e) Permit suspension or revocation proceedings, if applicable;
(f) Request the city attorney to institute suit for civil remedies as provided by this article, or state law; or
(g) Any other remedy provided by law.
(Ord. 12553, § 1, passed 6-18-1996)
The director is authorized to issue citations for violations of this article and is also authorized to issue citations for violations of state health laws which are punishable only by a fine not to exceed the jurisdictional limits of the Fort Worth municipal court, unless such authority is denied under state law.
(Ord. 12553, § 1, passed 6-18-1996)
(a) When the director finds any food establishment in a condition which poses an imminent risk to the health or safety of the public or the employees of the establishment, the director shall be authorized:
(1) To post and maintain at the entrance of the food establishment, notice of the conditions therein, or to require the owner, operator or person in charge of the establishment to post and maintain at the entrance of the establishment notice that the establishment is closed;
(2) To close summarily such food establishment and prevent its use as a food establishment until such unsanitary conditions have been removed or abated, and until it no longer endangers public health; and
(3) To suspend summarily its food establishment permit.
(b) Conditions which warrant the actions authorized under subsection (a) above include but are not limited to loss of electrical power, interruption of water service, sewage backing up into the establishment, serious lack of sanitation or catastrophic occurrence.
(c) The owner, operator or other person in charge of the establishment will be given written notice of the reason for the closure and/or suspension.
(d) Upon receipt of the notice, the food establishment shall immediately cease food operations.
(e) A person commits an offense if the person engages in food operations in an establishment which has been closed or had its license suspended pursuant to this section.
(f) A person commits an offense if the person removes or tampers with any notice posted pursuant to subsection (a) above.
(Ord. 12553, § 1, passed 6-18-1996)
(a) A person who has been denied a permit, a food handler’s certificate, or a food manager’s certificate; the owner or operator of a food establishment which has received an emergency closure/suspension order issued by the director; and the owner or operator of a food establishment which has received an order issued by the director to come into compliance with this article or the laws adopted by this article, may petition the director to reconsider the basis for the action.
(b) In order for the petition to be considered, it shall be filed with such director within ten days of the person being served with notice of the action.
(c) Failure to submit a timely written petition for reconsideration shall be deemed to be a waiver of any further right to administrative reconsideration or reviews of the action.
(d) In its petition, the petitioner shall indicate the provisions of the action objected to, and the reasons for the objection(s), any facts that are contested, the evidence that supports the petitioner’s view of the facts, and whether the petitioner requests a hearing on its petition.
(e) The effect of a permit or certificate denial or of an order shall not be stayed pending the director’s reconsideration or any hearing, unless the director expressly and in writing stays the denial or order.
(f) Within a reasonable time of the submittal of a petition for reconsideration, the director shall either grant the petition and withdraw or modify the order or grant the permit or certificate; deny the petition if no material issue of fact is raised; or if a hearing has been requested and a material issue of fact has been raised, set a hearing on the petition.
(Ord. 12553, § 1, passed 6-18-1996)
Loading...