[CC 1989 §12-21]
The following definitions shall apply in the interpretation
and the enforcement of this Article:
A food shall be deemed to be adulterated:
If it bears or contains any poisonous or deleterious substance
which may render it injurious to health; but in case the substance
is not an added substance such food shall not be considered adulterated
under this subdivision if the quantity of such substance in such food
does not ordinarily render it injurious to health; or
If it bears or contains any added poisonous or added deleterious
substance which is unsafe within the meaning of Section 196.085, RSMo.;
or
If it consists, in whole or in part, of any diseased, contaminated,
filthy, putrid, or decomposed substance, or if it is otherwise unfit
for food; or
If it has been produced, prepared, packed, or held under insanitary
conditions whereby it may have become contaminated with filth or whereby
it may have been rendered diseased, unwholesome, or injurious to health;
or
If it is, in whole or in part, the product of a diseased animal
or of an animal which has died otherwise than by slaughter, or that
has been fed upon the uncooked offal from a slaughterhouse; or
If its container is composed, in whole or in part, of any poisonous
or deleterious substance which may render the contents injurious to
health; or
If any valuable constituent has been in whole or in part omitted
or abstracted therefrom; or
If any substance has been substituted wholly or in part therefor;
or
If damage or inferiority has been concealed in any manner; or
If any substance has been added thereto or mixed or packed therewith
so as to increase its bulk or weight, or reduce its quality or strength
or make it appear better or of greater value than it is; or
If it is confectionery and it bears or contains any alcohol
or non-nutritive article or substance except harmless coloring, harmless
flavoring, harmless resinous glaze not in excess of four-tenths of
one percent (.4%), harmless natural wax not in excess of four-tenths
of one percent (.4%), harmless natural gum, and pectin; provided,
that this subdivision shall not apply to any confectionery, by reason
of its containing less than five percent (5%) by weight of alcohol,
or to any chewing gum by reason of its containing harmless non-nutritive
masticatory substances; or
If it bears or contains a coal tar color other than one from
a batch which has been certified under authority of the federal act.
Acceptance to the health authority based on his/her determination
as to conformance with appropriate standards and good public health
practice.
Fitted together snugly leaving no openings large enough to
permit the entrance of vermin.
A material which maintains its original surface characteristics
under prolonged influence of the food cleaning compounds and sanitizing
solutions which may contact it.
Readily accessible and of such material and finish and so
fabricated that residue may be completely removed by normal cleaning
methods.
Any person working in a food-service establishment who transports
food or food containers, who engages in food preparation or service,
who comes in contact with any food utensils or equipment.
All stoves, ranges, hoods, meatblocks, tables, counters,
refrigerators, sinks, dishwashing machines, steam tables and similar
items, other than utensils, used in the operation of a food service
establishment.
Articles used for food or drink for man or other animals,
chewing gum, and articles used for components of any such article.
Those surfaces of equipment and utensils with which food
normally comes in contact and those surfaces with which food may come
in contact and drain back onto surfaces normally in contact with food.
A commercial establishment in which food is processed or
otherwise prepared and packaged for human consumption.
Any fixed or mobile restaurant; coffee shop; cafeteria; short-order
cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain;
tavern; bar; cocktail lounge; nightclub; roadside stand; industrial-feeding
establishment; private, public and non-profit organization or institution
routinely serving food; catering kitchen; commissary or similar place
in which food or drink is prepared for sale or for service on the
premises or elsewhere; and any other eating or drinking establishment
or operation where food is served or provided for the public with
or without charge.
The Director of Health of the City if appointed and if not,
the City Code Enforcement Officer.
All multi-use utensils other than tableware used in the storage,
preparation, convening or serving of food.
A food shall be deemed to be misbranded:
If its labeling is false or misleading in any particular;
If it is offered for sale under the name of another food;
If it is an imitation of another food, unless its label bears,
in type of uniform size and prominence, the word, "imitation", and,
immediately thereafter, the name of the food imitated;
If its container is so made, formed or filled as to be misleading;
If in package form, unless it bears a label containing:
The name and place of business of the manufacturer, packer or
distributor;
An accurate statement of the quantity of the contents in terms
of weight, measure, or numerical count; provided, that under clause
(b) of this subdivision reasonable variations shall be permitted,
and exemptions as to small packages shall be established, by regulations
prescribed by the department of health and senior services;
If any word, statement, or other information required by or
under authority of Sections 196.010 to 196.120, RSMo., to appear on
the label or labeling is not prominently placed thereon with such
conspicuousness, as compared with other words, statements, designs,
or devices, in the labeling, and in such terms as to render it likely
to be read and understood by the ordinary individual under customary
conditions of purchase and use;
If it purports to be or is represented as a food for which a
definition and standard of identity has been prescribed by regulations
as provided by Section 196.050, RSMo., unless it conforms to such
definition and standard, and its label bears the name of the food
specified in the definition and standard, and, insofar as may be required
by such regulations, the common names of optional ingredients, other
than spices, flavoring, and coloring, present in such food;
If it purports to be or is represented as:
A food for which a standard of quality has been prescribed by
regulations as provided by Section 196.050, RSMo., and its quality
falls below such standard unless its label bears, in such manner and
form as such regulations specify, a statement that it falls below
such standard;
A food for which a standard or standards of fill of container
have been prescribed by regulation as provided by Section 196.050,
RSMo., and it falls below the standard of fill of container applicable
thereto, unless its label bears, in such manner and form as such regulations
specify, a statement that it falls below such standard;
If it is not subject to the provisions of subdivision (7) of
this section, unless it bears labeling clearly giving:
The common or usual name of the food, if any there be; and
In case it is fabricated from two (2) or more ingredients, the
common or usual name of each such ingredient, except that spices,
flavorings, and colorings, other than those sold as such, may be designated
as spices, flavorings, and colorings, without naming each; provided,
that, to the extent that compliance with the requirements of paragraph
(b) of this subdivision is impractical or results in deception or
unfair competition, exemptions shall be established by regulations
promulgated by the department of health and senior services; provided
further, that the requirements of paragraph (b) of this subdivision
shall not apply to any carbonated beverage the ingredients of which
have been fully and correctly disclosed, to the extent prescribed
by said paragraph (b) to the department of health and senior services
in an affidavit;
If it purports to be or is represented for special dietary uses,
unless its label bears such information concerning its vitamin, mineral,
and other dietary properties as the department of health and senior
services determines to be, and by regulations prescribed, as necessary
in order to fully inform purchasers as to its value for such uses;
If it bears or contains any artificial flavoring, coloring,
or chemical preservative, unless it bears labeling stating that fact;
provided, that to the extent that compliance with the requirements
of this subdivision is impracticable, exemptions shall be established
by regulations promulgated by the department of health and senior
services; and provided further, that subdivision (11) shall not apply
to artificial coloring in butter, cheese or ice cream;
The department is hereby directed to promulgate regulations
exempting from any labeling requirement of Sections 196.010 to 196.120,
RSMo., small open containers of fresh fruits and vegetables and food
which is, in accordance with the practice of the trade, to be processed,
labeled, or repacked in substantial quantities at establishments other
than those where originally processed or packed, on condition that
such food is not adulterated or misbranded under the provisions of
said sections upon removal from such processing, labeling or repackaging
establishment.
Any food of such type or in such condition as may spoil.
An individual or a firm, partnership, company, corporation,
trustee, association or any public or private entity.
Any perishable food which consists in whole or in part of
milk or milk products, eggs, meat, poultry, fish, shellfish or other
ingredients capable of supporting rapid and progressive growth of
infectious or toxigenic micro-organisms.
As applied to potentially hazardous food, temperatures of
forty-five degrees Fahrenheit (45°F) or below and one hundred
forty degrees Fahrenheit (140°F) or above.
Effective bactericidal treatment of clean surfaces of equipment
and utensils by a process which has been approved by the health authority
as being effective in destroying micro-organisms, including pathogens.
Free of cracks or other openings which permit the entry or
passage of moisture.
Caps, containers, lids or closures; plates, knives, forks,
spoons, stirrer, paddles, straws, placemats, napkins, doilies, wrapping
material; and all similar articles which are constructed wholly or
in part from paper, paperboard, molded pulp, foil, wood, plastic,
synthetic or other readily destructible materials and which are intended
by the manufacturers and generally recognized by the public as for
one (1) usage only, then to be discarded.
All multi-use eating and drinking utensils including flatware
(knives, forks and spoons).
Any food-service establishment operating at a location for
a temporary period of time not to exceed two (2) weeks in connection
with a fair, carnival, circus, public exhibition or similar transitory
gathering.
Any tableware and kitchenware used in the storage, preparation,
convening or serving of food.
In sound condition, clean, free from adulteration and otherwise
suitable for use as human food.
[CC 1989 §12-22]
A.
All food
in food-service establishments shall be from sources approved or considered
satisfactory by the health authority and shall be clean, wholesome,
free from spoilage, free from adulteration and misbranding and safe
for human consumption. No hermetically sealed non-acid and low-acid
food which has been processed in a place other than a commercial food-processing
establishment shall be used.
B.
All food
while being stored, prepared, displayed, served or sold at food-service
establishments or during transportation between such establishments
shall be protected from contamination. All perishable food shall be
stored at such temperatures as will protect against spoilage. All
potentially hazardous food shall be maintained at safe temperatures
(forty-five degrees (45°) or below or one hundred forty degrees
(140°) or above) except during necessary periods of preparation
and service. Raw fruits and vegetables shall be washed before use.
Stuffing, poultry, stuffed meats and poultry and pork and pork products
shall be thoroughly cooked before being served. Individual portions
of food once served to the customer shall not be served again, provided,
that wrapped food which has not been unwrapped and which is wholesome
may be reserved.
C.
Only
such poisonous and toxic materials as are required to maintain sanitary
conditions and for sanitization purposes may be used or stored in
food-service establishments. Poisonous and toxic materials shall be
identified and shall be used only in such manner and under such conditions
as will not contaminate food or constitute a hazard to employees or
customers.
[CC 1989 §12-23]
A.
Health And Disease Control. No person while affected with
any disease in a communicable form or while a carrier of such disease
or while afflicted with boils, infected wounds, sores or an acute
respiratory infection shall work in any area of a food-service establishment
in any capacity in which there is a likelihood of such person contaminating
food or food-contact surfaces with pathogenic organisms or transmitting
disease to other individuals; and no person known or suspected of
being affected with any such disease or condition shall be employed
in such an area or capacity. If the manager or person in charge of
the establishment has reason to suspect that any employee has contacted
any disease in a communicable form or has become a carrier of such
disease, he/she shall notify the health authority immediately.
B.
Tuberculosis Screen Test Required For Food Handler Permit. Every employee and every employer of such person who prepares, handles
or dispenses food for human consumption shall, within thirty (30)
days of date of employment as a food handler or from the date of commencing
the business of a food establishment, under the direction of the County
Director of Health, obtain a chest x-ray or a tuberculin skin test.
Upon showing proof of the absence of tuberculosis, the County Director
of Health shall issue a food handler permit. Permits, including tuberculosis
tests, shall be renewed annually. Such permits shall be deposited
with the management of the establishment during the tenure of that
person's employment and shall be returned to the person to whom issued
upon termination. Duplicate cards shall be issued to persons employed
at more than one (1) food-service establishment.
C.
Cleanliness. All employees shall wear clean outer garments,
maintain a high degree of personal cleanliness and conform to hygienic
practices while on duty. They shall wash their hands thoroughly in
an approved handwashing facility before starting work and as often
as may be necessary to remove soil and contamination. No employee
shall resume work after visiting the toilet room without first washing
his/her hands.
[CC 1989 §12-24]
A.
Sanitary Design, Construction And Installation Of Equipment And Utensils. All equipment and utensils shall be so designed and of such material
and workmanship as to be smooth, easily cleanable and durable and
shall be in good repair; and the food-contact surfaces of such equipment
and utensils shall, in addition, be easily accessible for cleaning,
non-toxic, corrosion resistant and relatively non-absorbent, provided
that when approved by the health authority, exceptions may be made
to the above materials requirements for equipment such as cutting
boards, blocks and bakers' tables. All equipment shall be so installed
and maintained as to facilitate the cleaning thereof and of all adjacent
areas. Equipment in use at the time of adoption of this Article which
does not meet fully the above requirements may be continued in use
if it is in good repair, capable of being maintained in a sanitary
condition and the food-contact surfaces are non-toxic. Single-service
articles shall be made from non-toxic materials.
B.
Cleanliness Of Equipment And Utensils. All eating and drinking
utensils shall be thoroughly cleaned and sanitized after each usage.
All kitchenware and food-contact surfaces of equipment and utensils
shall be so stored and handled as to be protected from contamination.
All single-service articles shall be stored, handled and dispensed
in a sanitary manner and shall be used only once. Food-service establishments
which do not have adequate and effective facilities for cleaning and
sanitizing utensils shall use single-service articles.
[CC 1989 §12-25]
A.
Water Supply. The water supply shall be adequate, of a safe,
sanitary quality and from an approved source. Hot and cold running
water under pressure shall be provided in all areas where food is
prepared or equipment, utensils or containers are washed. Water, if
not piped into the establishments, shall be transported and stored
in approved containers and shall be handled and dispensed in a sanitary
manner. Ice used for any purpose shall be made from water which comes
from an approved source and shall be used only if it has been manufactured,
stored, transported and handled in a sanitary manner.
B.
Sewage Disposal. All sewage shall be disposed of in a public
sewerage system or, in the absence thereof, in a manner approved by
the health authority.
C.
Plumbing. Plumbing shall be so sized, installed, maintained
as to carry adequate quantities of water to required locations throughout
the establishment; as to prevent contamination of the water supply;
as properly to convey sewage and liquid wastes from the establishment
to the sewerage or sewage disposal system; and so that it does not
constitute a source of contamination of food, equipment or utensils,
or create an unsanitary condition or nuisance.
D.
Toilet Facilities. Each food-service establishment shall
be provided with adequate, conveniently located toilet facilities
for its employees. Toilet fixtures shall be of sanitary design and
readily cleanable. Toilet facilities, including rooms and fixtures,
shall be kept in a clean condition and in good repair. The doors of
all toilet rooms shall be self-closing. Toilet tissue shall be provided.
Easily cleanable receptacles shall be provided for waste materials
and such receptacles in toilet rooms for women shall be covered. Where
the use of non-water-carried sewage disposal facilities have been
approved by the health authority, such facilities shall be separate
from the establishment. When toilet facilities are provided for patrons,
such facilities shall meet the requirements of this Subsection.
E.
Handwashing Facilities. Each food-service establishment
shall be provided with adequate, conveniently located handwashing
facilities for its employees, including a lavatory or lavatories equipped
with hot and cold or tiered running water, hand-cleansing soap or
detergent and approved sanitary towels or other approved hand-drying
devices. Such facilities shall be kept clean and in good repair.
F.
Garbage And Rubbish Disposal. All garbage and rubbish containing
food wastes shall, prior to disposal, be kept in leakproof, non-absorbent
containers which shall be kept covered with tight-fitting lids when
filled or stored, or not in continuous use, provided, that such containers
need not be covered when stored in a special vermin-proofed room or
enclosure or in a food waste refrigerator. All other rubbish shall
be stored in containers, rooms or areas in an approved manner. The
rooms, enclosures, areas and containers used shall be adequate for
the storage of all food waste and rubbish accumulating on the premises.
Adequate cleaning facilities shall be provided and each container,
room or area shall be thoroughly cleaned after the emptying or removal
of garbage and rubbish. Food-waste grinders, if used, shall be installed
in compliance with State and local standards and shall be of suitable
construction. All garbage and rubbish shall be disposed of with sufficient
frequency and in such a manner as to prevent a nuisance.
G.
Vermin Control. Effective measures shall be taken to protect
against the entrance into the establishment and the breeding or presence
on the premises of vermin.
[CC 1989 §12-26]
A.
Floors, Walls And Ceilings. The floor surfaces in the kitchens,
in all other rooms and areas in which food is stored or prepared and
in which utensils are washed and in walk-in refrigerators, dressing
or locker rooms and toilet rooms shall be of smooth, non-absorbent
materials and so constructed as to be easily cleanable, provided,
that the floors of non-refrigerated, dry food storage areas need not
be non-absorbent. All floors shall be kept clean and in good repair.
Floor drains shall be provided in all rooms where floors are subjected
to flooding-type cleanings or where normal operations release or discharge
water or other liquid waste on the floor. All exterior areas where
food is served shall be kept clean and properly drained and surfaces
in such areas shall be finished so as to facilitate maintenance and
minimize dust. The walls and ceilings of all rooms shall be kept clean
and in good repair. All walls of rooms or areas in which food is prepared,
or utensils or hands are washed, shall be easily cleanable, smooth
and light-colored and shall have washable surfaces up to the highest
level reached by splash or spray.
B.
Lighting. All areas in which food is prepared or stored
or utensils are washed, handwashing areas, dressing or locker rooms,
toilet rooms and garbage and rubbish storage areas shall be well lighted.
During all cleanup activities, adequate light shall be provided in
the area being cleaned and upon or around equipment being cleaned.
C.
Ventilation. All rooms in which food is prepared or served
or utensils are washed, dressing or locker rooms, toilet rooms and
garbage and rubbish storage areas shall be well ventilated. Ventilation
hoods and devices shall be designed to prevent grease or condensation
from dripping into food or onto food preparation surfaces. Filters,
where used, shall be readily removable for cleaning or replacement.
Ventilation systems shall comply with applicable State and local fire
prevention requirements and shall, when vented to the outside air,
discharge in such a manner as not to create a nuisance.
D.
Dressing Rooms And Lockers. Adequate facilities shall be
provided for the orderly storage of employees' clothing and personal
belongings. Where employees routinely change clothes within the establishment,
one (1) or more dressing rooms or designated areas shall be provided
for this purpose. Such designated areas shall be located outside of
the food preparation, storage and serving areas and the utensil-washing
and storage areas, provided that when approved by the health authority,
such an area may be located in a storage room where only completely
packaged food is stored. Designated areas shall be equipped with adequate
lockers, and lockers or other suitable facilities shall be provided
in dressing roams. Dressing rooms and lockers shall be kept clean.
E.
Housekeeping. All parts of the establishment and its premises
shall be kept clean, neat and free of litter and rubbish. Cleaning
operations shall be conducted in such a manner as to minimize contamination
of food and food contact surfaces. None of the operations connected
with a food-service establishment shall be conducted in any room used
as living or sleeping quarters. Soiled linens, coats and aprons shall
be kept in suitable containers until removed for laundering. No live
birds or animals shall be allowed in any area used for the conduct
of food-service establishment operations, provided that guide dogs
accompanying blind persons may be permitted in dining areas.
[CC 1989 §12-27]
A.
A temporary
food-service establishment shall comply with all provisions of this
Article which are applicable to its operation, provided that the health
authority may augment such requirements when needed to assure the
service of safe food, may prohibit the sale of certain potentially
hazardous food, and may modify specific requirements for physical
facilities when in his/her opinion no imminent health hazard will
result.
B.
Mobile Food Service.
1.
MOBILE FOOD-PROCESSING OPERATION
SERVICE DEPOT
STREET FOOD VENDOR
Definitions. The following definitions shall apply in the
interpretation and enforcement of this Article:
mobile food-processing operation is one conducted from a truck, trailer or other vehicle that travels from place to place and from which food as defined in Section 240.010 of this Article is processed, prepared and sold.
A service depot is a permanent building or room which is
constructed and equipped for cleaning, sanitizing and replenishing
the mobile food-processing unit.
A street food vendor is that type of operation which involves
the transportation and sale of pre-packaged foods only from mobile
units.
2.
Sanitary requirements of mobile food-processing units.
a.
Floors,
walls, ceilings, lighting, ventilation, construction of utensils and
equipment, disposal of wastes, storage, display and service food and
drink and cleanliness of employees shall conform with the applicable
requirements established in this Chapter.
b.
The
truck interior shall be completely enclosed with the exception of
serving windows which shall be closed at all times other than when
the operator is actually dispensing his/her products.
c.
No
food, food containers, wrapping and packaging material or utensils
shall be kept in the driver's compartment of any mobile unit unless
enclosed and unopened in its original container. The driver's compartment
shall be separated by a complete partition from the area used for
food preparation, service or storage. Self-closing doors between the
driver's compartment and the serving area are permitted.
d.
Hot
and cold running water shall be available at all times while the unit
is in operation. A water tank with a storage capacity of at least
twenty (20) gallons shall be provided. Hot water at a temperature
of at least one hundred ten degrees Fahrenheit (110°F) shall be
available at a three (3) compartment sink and the handwashing lavatory.
The water supply shall be from an approved source.
e.
All
mobile units shall have a lavatory for handwashing equipped with hot
and cold running water, soap and approved sanitary towels or other
approved hand-drying methods.
f.
Each
unit shall be equipped with a three (3) compartment sink of sufficient
size to accommodate the largest piece to be cleaned therein. A waste
water tank shall be provided equal to or exceeding the size of the
portable water supply tank. It shall be emptied and cleaned as often
as necessary to maintain it in a sanitary condition.
g.
A
refrigerator of sufficient size and capable of maintaining a temperature
of forty-five degrees Fahrenheit (45°F) or less for all food requiring
refrigeration shall be provided.
h.
If
the food is served hot and is held in readiness to serve, it shall
be held at one hundred forty degrees Fahrenheit (140°F) or higher.
3.
Sanitary requirements of street food vendor. Mobile units
used solely for this purpose shall be kept clean at all times and
the product protected against contamination.
4.
Sanitary requirements of a service depot.
a.
For
all mobile food operations there shall be provided a service depot.
b.
Floors, walls, ceilings, lighting, ventilation, construction of utensils and equipment, disposal of wastes, storage of food and drink equipment, litter and rubbish, sleeping quarters, lockers, linen containers and cleanliness of employees shall conform with the applicable requirements established in Section 240.010 through Section 240.060 of this Article.
c.
An
adequate supply of hot and cold running water for cleaning and sanitizing
mobile units shall be available at all times. Water supply shall be
from the public water system of the City. The hose used for filling
the portable water tank of such mobile units shall be used for no
other purpose. The hose shall be stored in such a manner as to be
protected from contamination.
d.
All
equipment used in conjunction with mobile unit operation shall be
thoroughly cleaned at the end of each day's operation.
e.
The
waste water tank on the mobile unit shall be emptied and cleaned only
at the service depot. Proper drains shall be provided in the depot
for this purpose. Adequate sanitary containers shall be provided for
storage of trash and food wastes.
f.
Adequate
sanitary storage space shall be provided for supplies and equipment.
A dry storage room or other facilities suitable for storing perishable
foods at a temperature of forty-five degrees Fahrenheit (45°F),
or lower, shall be provided.
h.
Facilities
shall be provided which will assure the proper rinsing and sanitizing
of all equipment which comes in contact with food products.
[CC 1989 §12-28]
A.
Permit. It shall be unlawful for any person to operate a
food-service establishment within the City who does not possess a
valid permit issued to him/her by the health authority. Only a person
who complies with the requirements of this Article shall be entitled
to receive and retain such a permit. Permits shall not be transferable
from one person to another person or place. A valid permit shall be
posted in every food-service establishment. Permits for temporary
food-service establishments shall be issued for a period of time not
to exceed fourteen (14) days.
B.
Issuance Of Permits. Any person desiring to operate a food-service
establishment shall make written application for a permit on forms
provided by the health authority. Such application shall include:
the applicant's full name and post office address and whether such
applicant is an individual, firm or corporation and, if a partnership,
the names of the partners, together with their addresses, shall be
included; the location and type of the proposed food-service establishment;
and the signature of the applicant or applicants. If the application
is for a temporary food-service establishment, it shall also include
the inclusive dates for the proposed operation. Under receipt of such
an application, the health authority shall make an inspection of the
food-service establishment to determine compliance with the provisions
of this Chapter. When inspection reveals that applicable requirements
of this Article have been met, a permit shall be issued to the applicant
by the health authority.
C.
Suspension Of Permits. Permits may be suspended temporarily
by the health authority for failure of the holder to comply with the
requirements of this Article. Whenever a permit holder or operator
has failed to comply with any notice issued under the provisions of
this Article, the permit holder or operator 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 health authority by the permit
holder. Notwithstanding the other provisions of this Article, whenever
the health authority finds unsanitary or other conditions in the operation
of a food-service establishment which, in his/her judgment, constitutes
a substantial hazard to the public health, he/she may, without warning,
notice or hearing, issue a written notice to the permit holder or
operator citing such conditions, specifying the corrective action
to be taken and specifying the time period within which such action
shall be taken; and, if deemed necessary, such order shall state that
the permit is immediately discontinued. Any person to whom such an
order is issued shall comply immediately therewith but, upon written
petition to the health authority, shall be afforded a hearing as soon
as possible.
D.
Reinstatement Of Suspended Permits. Any person whose permit
has been suspended may at any time make application for a reinspection
for the purpose of reinstatement of the permit. Within ten (10) days
following receipt of a written request, including a statement signed
by the applicant that in his/her opinion the conditions causing suspension
of the permit have been corrected, the health authority shall make
a reinspection. If the applicant is complying with the requirements
of this Article, the permit shall be reinstated.
E.
Revocation Of Permits. For serious or repeated violations
of any of the requirements of this Article or for interference with
the health authority in the performance of his/her duties, the permit
may be permanently revoked after an opportunity for a hearing has
been provided by the health authority. Prior to such action, the health
authority shall notify the permit holder in writing, stating the reasons
for which the permit is subject to revocation and advising that the
permit shall be permanently revoked at the end of five (5) days following
service of such notice unless a request for a hearing is filed with
the health authority, by the permit holder, within such five (5) day
period. A permit may be suspended for cause pending its revocation
or a hearing relative thereto.
F.
Hearings. The hearings provided for in this Section shall
be conducted by the health authority at a time and place designated
by him/her. Based upon the record of such hearing, the health authority
shall make a finding and shall sustain, modify or rescind any official
notice or order considered in the hearing. A written report of the
hearing decision shall be furnished to the permit holder by the health
authority.
[CC 1989 §12-29]
A.
Inspections. The health authority shall inspect each food-service
establishment located in the City and shall make as many additional
inspections and reinspections as are necessary for the enforcement
of this Article.
B.
Access To Establishments. The health authority, after proper
identification, shall be permitted to enter, at any reasonable time,
any food-service establishment within the City for the purpose of
making inspections to determine compliance with this Article. He/she
shall be permitted to examine the records of the establishment to
obtain pertinent information pertaining to food and supplies purchased,
received or used and persons employed.
C.
Inspection Records—Demerit Values—Demerit Scores. Whenever the health authority makes an inspection of a food-service establishment, he/she shall record his/her findings on an inspection report form provided for this purpose and shall furnish the original of such inspection report form to the permit holder or operator. Such form shall summarize the requirements of Sections 240.020 through 240.060 of this Article and shall set forth demerit point values for each such requirement. Upon completion of an inspection, the health authority shall total the demerit point values for all requirements in violation, such total becoming the demerit score for the establishment.
D.
Issuance Of Notices. Whenever the health authority makes an inspection of a food-service establishment and discovers that any of the requirements of Sections 240.020 through Section 240.060 of this Article have been violated, he/she shall notify the permit holder or operator of such violations by means of an inspection report form or other written notice. In such notification, the health authority shall:
1.
Set
forth the specific violations found, together with the demerit score
of the establishment.
2.
Establish
a specific and reasonable period of time for the correction of the
violations found in accordance with the following provisions:
a.
When
the demerit score of the establishment is twenty (20) or less, all
violations of two (2) or four (4) demerit points must be corrected
by the time of the next routine inspection; or
b.
When
the demerit score of the establishment is more than twenty (20) but
not more than forty (40), all items of two (2) or four (4) demerit
points must be corrected within a period of time not to exceed thirty
(30) days; or
c.
When
one (1) or more six (6) demerit point items are in violation, regardless
of demerit score, such items must be corrected within a period of
time not to exceed ten (10) days.
d.
When
the demerit score of the establishment is more than forty (40), the
permit is immediately suspended.
e.
In
the case of temporary food-service establishments, violations must
be corrected within a specified period of time not to exceed twenty-four
(24) hours. Failure to comply with such notice shall result in immediate
suspension of the permit.
3.
State
that failure to comply with any notice issued in accordance with the
provisions of this Chapter may result in immediate suspension of the
permit.
4.
State
that an opportunity for appeal from any notice or inspection findings
will be provided if a written request for a hearing is filed with
the health authority within the period of time established in the
notice for correction.
E.
Service Of Notices. Notices provided for under this Section
shall be deemed to have been properly served when the original of
the inspection report form or other notice has been delivered personally
to the permit holder or person in charge, or such notice has been
sent by registered or certified mail, return receipt requested, to
the last known address of the permit holder. A copy of such notice
shall be filed with the records of the health authority.
[CC 1989 §12-30]
Food may be examined or sampled by the health authority as often as may be necessary to determine freedom from adulteration or misbranding. The health authority may, upon written notice to the owner or person in change, place a hold order on any food which he/she determines or has probable cause to believe to be unwholesome or otherwise adulterated or misbranded. Under a hold order, food shall be permitted to be suitably stored. It shall be unlawful for any person to remove or alter a hold order, notice or tag placed on food by the health authority and neither such food nor the containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of or destroyed without permission of the health authority, except on order by a court of competent jurisdiction. After the owner or person in charge has had a hearing as provided in Section 240.090 and on the basis of evidence produced at such hearing, or on the basis of his/her examination in the event a written request for a hearing is not received within ten (10) days, the health authority may vacate the hold order, or may by written order direct the owner or person in charge of the food which was placed under the hold order to denature or destroy such food or to bring it into compliance with the provisions of this Article, provided that such order of the health authority to denature or destroy such food or bring it into compliance with the provisions of this Article shall be stayed if the order is appealed to a court of competent jurisdiction within three (3) days.
[CC 1989 §12-31]
Food from food-service establishments outside the jurisdiction
of the health authority of the City may be sold within the City if
such food-service establishments conform to the provisions of this
Chapter or to substantially equivalent provisions. To determine the
extent of compliance with such provisions, the health authority may
accept reports from responsible authorities in other jurisdictions
where such food-service establishments are located.
[CC 1989 §12-32]
When a food-service establishment is hereafter constructed or
extensively remodeled or when an existing structure is converted for
use as a food-service establishment, properly prepared plans and specifications
for such construction, remodeling or alteration, showing layout, arrangement
and construction materials of work areas and the location, size and
type of fixed equipment and facilities, shall be submitted to the
health authority for approval before such work is begun.
[CC 1989 §12-33]
A.
When
the health authority has reasonable cause to suspect possibility of
disease transmission from any food-service establishment employee,
the health authority shall secure a morbidity history of the suspected
employee or make such other investigation as may be indicated and
take appropriate action. The health authority may require any or all
of the following measures:
1.
The
immediate exclusion of the employee from all food-service establishments;
2.
The
immediate closure of the food-service establishment concerned until,
in the opinion of the health authority, no further danger of disease
outbreak exists;
3.
Restriction
of the employee's services to some area of the establishment where
there would be no danger of transmitting disease; and
4.
Adequate
medical and laboratory examinations of the employee, of other employees
and of his/her and their bodily discharges.
[CC 1989 §12-34]
It shall be unlawful for any person to bring into, or for any
person, firm or corporation to allow, any dog, cat or other animal
to enter or to keep domestic animals in any food establishment, provided
however, that the provisions of this Section shall not apply to dogs
which are especially trained to act as guides and companions for blind
persons and are being used by blind persons for that purpose at the
time of their entry upon the premises.
[CC 1989 §12-35]
This Article shall be enforced by the health authority in accordance
with the interpretations thereof contained in the compliance provisions
of the most recent edition of the "United States Public Health Service
Food-Service Sanitation Ordinance and Code", three (3) certified copies
of which shall be on file in the City Clerk's office.
[CC 1989 §6-170]
No drive-in facility, where food or beverages are served in
paper or other disposable containers, shall be operated in the City
unless there shall be provided at such facility adequate covered trash
receptacles and signs notifying patrons that trash shall not be disposed
of on the premises except in the receptacles provided.
[CC 1989 §6-171]
No person shall dispose of trash, disposable containers or litter
in any drive-in facility except in the receptacles provided for such
purpose.
[CC 1989 §6-172]
No person shall operate any drive-in facility where trash or
litter is on the premises except for such trash or litter as may be
in the covered receptacles provided for the purpose.
