Loading...
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 ORD 2014-33 Page 3 of 3