05-40 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 05-40
AN ORDINANCE AMENDING ORDINANCE NO. 02-32, SECTION 5 MODIFYING
PERMIT FEES AND SECTION 6 MODIFYING PERMIT SUSPENSION PROCEDURES
FOR FOOD ESTABLISHMENTS IN PROSPER; PROVIDING FOR A PENALTY FOR
THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS
AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has investigated and
determined that it would be advantageous and beneficial to the citizens of the Town of Prosper, Texas
("Prosper') to amend Ordinance No. 02-32 to modify permit fees and permit suspension procedures for food
establishments in Prosper as follows:
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS:
SECTION 1: FINDINGS INCORPORATED. The findings set forth above is incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION 2: AMENDMENT TO SECTION 5 (FEES) OF ORDINANCE NO . 02-32. Section 5 (Fees)
of Ordinance No. 02-32 is hereby amended in its entirety to state as follows:
"SECTION 5: FEES Any person or entity desiring to operate a food establishment must make a written
application to the Town for a permit on forms provided by the Regulatory Authority. The application must
contain the name and address of each applicant, the location and type of the proposed food establishment and
the applicable fee must be submitted with the application. An incomplete application will not be accepted.
Failure to provide all required information or falsifying information required may result in denial or revocation of
the permit. Renewals of permits are required on an annual basis, except where otherwise stated, and the
same information is required for a renewal permit as required for the initial permit.
Prior to the approval of an initial permit or the renewal of an existing permit, the Regulatory Authority shall
inspect the proposed food establishment to determine compliance with this Ordinance. A food establishment
that does not comply with this Ordinance will be denied a permit or the renewal of a permit.
The following fees shall be paid by food establishments for permits issued and inspections conducted under
this Ordinance:
Type of Establishment Fee I Duration
Restaurant $350/year
Convenience Store $200/year
Day Care Center $200/year
Grocery Store $500/year
Mobile Food (Hot) Establishment $350/year
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Amendment to Permit fees for Food Establishments under Health Code Ordinance.DOC
Mobile Food (Cold) Establishment $250/year
Temporary Food Establishment $50/ 14 day (maximum)
Prosper Independent School District Facility None
Concession Stand $50/season
Type of Inspection Fee
Bi-Annual Inspection Included in permit fee
Reinspection $50/inspection
Investigative or Complaint Based Inspection $100/inspection*
Review of Plans for New or Renovated Fooc $75/review
Establishment
* The Regulatory Authority will investigate all complaints regarding any food establishment. A fee of
$100.00 for Investigative or Complaint Based Inspections shall be paid by the food establishment to the
Town to cover the cost of the inspection. If the inspection is deemed to have not been warranted, the fee
for an Investigative or Complaint Based Inspection may be waived at the sole discretion of the Regulatory
Authority."
SECTION 3: AMENDMENT TO SECTION 6 (SUSPENSION OF PERMIT) OF ORDINANCE NO . 02-32.
Section 6 (Suspension of Permit) of Ordinance No. 02-32 is hereby amended in its entirety to state as follows:
"SECTION 6: SUSPENSION OF PERMIT The Regulatory Authority may, without warning, notice or
hearing suspend any permit to operate a food establishment if the operation of the food establishment
constitutes an imminent hazard to public health. Suspension is effective upon service of notice. A food
establishment inspection report may serve as notice. When a permit is suspended, food operations shall
immediately cease. Whenever a permit is suspended, the holder of the permit shall be afforded an opportunity
for a hearing within ten (10) days of suspension.
Whenever a permit is suspended, the holder of the permit, or the person in charge, shall be notified in writing
that the permit is, upon service of the notice, immediately suspended and that an opportunity for a hearing will
be provided if a written request for a hearing is filed with the Regulatory Authority by the holder of the permit
within ten (10) days. If no written request for hearing is filed within ten (10) days, the suspension is sustained
until compliance with this Ordinance is met. A re-inspection will be made by the Regulatory Authority to ensure
compliance. The request for a re-inspection must be made to the Regulatory Authority and a re-inspection fee
of$100.00 shall be paid to the Town before the inspection is performed. The Regulatory Authority may end the
suspension at any time if reasons for suspension no longer exist."
SECTION 4: PENALTY PROVISION Any person, firm, corporation or business entity violating this
Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not
exceeding Two Thousand Dollars ($2000.00). Each continuing day's violation under this Ordinance shall
constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper
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from filing suit to enjoin the violation. Prosper retains all legal rights and remedies to it pursuant to local, state
and federal law.
SECTION 5: SAVINGS / REPEALING CLAUSE All provisions of any ordinance in conflict with this
Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the
repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if
occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full
force and effect.
SECTION 6: SEVERABILITY Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided
that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby
declares that it would have passed this Ordinance, and each section, subsection, clause or phrase hereof
irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be
declared unconstitutional.
SECTION 7: EFFECTIVE DATE This Ordinance shall become effective from and after its adoption
and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS,
on this 14th day of June, 2005.
CHARLES ISWANGER, Mayor
ATTESTED TO:
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DATE OF PUBLICATION.' Z? (Qr- jk Vete/ r-- , Dallas Morning
News— CollinEdition
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