ORD 2014-33TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2014-33
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ARTICLE II, ENTITLED "FOOD ESTABLISHMENT
REGULATIONS", OF CHAPTER 6, ENTITLED "HEALTH AND
SANITATION" OF THE CODE OF ORDINANCES, BY REPEALING
SUBSECTION "B" OF SUBSECTION 2.04 "PERMITS AND
EXCEPTIONS" AND ADOPTING A NEW SUBSECTION "B" OF
SECTION 2.04 IN ORDER TO EXCLUDE LEMONADE STANDS AND
SIMILAR OPERATIONS RUN BY CHILDREN FROM THE
REQUIREMENTS OF ARTICLE II; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR AN
AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, hereinafter referred to as "Town", is a
Home Rule Municipality acting under its Charter adopted by the electorate pursuant to
Article XI, Section 5 of the Texas Constitution; and
WHEREAS, the Texas Board of Health has supervision and control over all
matters relating to the health of the citizens of Texas; and
WHEREAS, the Texas Board of Health has adopted rules to safeguard public
health through the regulation of Food Establishments which rules and regulations are
codified in Article II, entitled "Food Establishment Regulations" of Chapter 6, entitled
"Health and Sanitation" of the Code of Ordinances of the Town; and
WHEREAS, the Town Council has determined it appropriate to amend
Subsection "B" of Section 2.04 entitled "Permits and Exceptions" in order to exclude
lemonade stands run by children from the requirements of Article II; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas, hereby
determines that it is in the best interest of the Town to repeal Section 2.04 (B), "Permits
and Exceptions" and adopt a new Section 2.04 (B), "Permits and Exceptions" as set
forth herein below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
ORD 2014-33 Page 1 of 3
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01 Subsection "B" of Section 2.04 "Permits and Exceptions" of Article II, "Food
Establishment Regulations" of Chapter 6, "Health and Sanitation" of the Code of
Ordinances of the Town is hereby repealed in its entirety, and a new Subsection "B" of
Section 2.04 of Article II of Chapter 6 of the Code of Ordinances, is hereby adopted,
and all other sections and subsections not specifically amended shall remain the same:
"B. A Food Establishment operated solely by a nonprofit or public organization is
exempt from the permitting requirements of this Article, but is not exempt from
compliance with state rules or inspections. The Town may require any
information necessary to determine whether an organization is nonprofit or
public for purpose of this exemption. Additionally, the requirements of this
Ordinance shall not apply to lemonade stands and similar operations run by
children."
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting fees and shall not repeal any of the provisions of such Ordinances except in
those instances where provisions of those Ordinances are in direct conflict with the
provisions of this Ordinance; whether such Ordinances are codified or uncodified, and
all other provisions of the Ordinances of the Town of Trophy Club, codified or
uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force
and effect. Notwithstanding the foregoing, any complaint, action, cause of action or
claim which prior to the effective date of this Ordinance has been initiated or has arisen
under or pursuant to such repealed Ordinance(s) shall continue to be governed by the
provisions of that Ordinance and for that purpose the Ordinance shall be deemed to
remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence,
Ordinance, or application thereof to any person or
unconstitutional by a Court of competent jurisdiction,
validity of the remaining portions of the Ordinance,
clause, phrase or word in this
circumstance, is held invalid or
such holding shall not affect the
and the Town Council hereby
ORD 2014-33 Page 2 of 3
declares it would have passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with the Town Charter.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 14`" day of October, 2014.
ATTEST:
T6mMy Ardj�'Town Secretary
Town of Trdphy Club, Texas
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
APPROVED AS TO FORM:
'?a I _li,1-ca i
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
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