[Order No. 2-3-2000A §1, 2-3-2000]
The title of this Chapter shall be known and may be cited as "The Jefferson County Food Service Sanitation Order". It shall provide for the inspection and permitting of all food establishments in the County of Jefferson, Missouri, pursuant to Section 192.300, RSMo.
[Order No. 2-3-2000A §2, 2-3-2000]
This Order is enacted pursuant to Section 192.300, RSMo., which provides, in part, as follows:
The County Commissions and the County Health Boards of the several Counties may make and promulgate orders and ordinances or rules and regulations, respectively, as will tend to enhance the public health and prevent the entrance of infectious, contagious, communicable and dangerous diseases into such County, but any orders, ordinances, rules or regulations shall not be in conflict with any rules or regulations authorized and made by the Department of Health in accordance with this Chapter or by the Department of Social Services under Chapter 198, RSMo.
[Order No. 2-3-2000A §3, 2-3-2000]
The inspection of food establishments; the issuance, closure, suspension and revocation of permits to operate food establishments; the prohibiting of the sale of adulterated or misbranded food or drink; and the enforcement of this Order shall be regulated in accordance with the:
Food Service and Retail Food Service Sanitation Rules and Regulations of the Jefferson County Health Center (hereinafter referred to as "JCHC Food R&R"); and
The current regulations of the Missouri Department of Health relating to food service and retail food operations, known as the 1999 Missouri Food Code, 19 CSR 20-1.025 Sanitation of Food Establishments.
Food Service and Retail Food Service Sanitation Rules and Regulations of the Jefferson County Health Center and the 1999 Missouri Food Code, 19 CSR 20-1.025 Sanitation of Food Establishments are hereby adopted and incorporated by reference as if printed herein in whole.
Three (3) copies of each regulation shall be maintained on file in the office of the County Clerk of the County of Jefferson, Missouri.
[Order No. 2-3-2000A §4, 2-3-2000]
Each food establishment, as defined in the JCHC Food R&R, within the County shall be required to annually obtain and post, in public view, a County food and beverage permit and shall annually pay the required cost reimbursement charge.
"Cost reimbursement charges" are reasonable charges for the cost incurred in carrying out the provisions of this Chapter and are based upon the size or type of food establishment. The charge shall be collected by the Health Center as issuer of the permit to operate a food establishment; shall be used only to defray the actual cost of administration of this Chapter; and shall be in accordance with a Cost Reimbursement Charge Schedule published by JCHC Food R&R.
Operating food establishments.
Found to meet minimum sanitary requirements upon an inspection by the Health Center made after the filing of an application for renewal and before the permit expiration date; and
Who have paid their annual permit cost reimbursement charge shall be issued a renewal County food and beverage permit by the Health Center.
New owners of food establishments and new food establishments, before engaging in business, shall make application for a County food and beverage permit from the Health Center. The Health Center shall then request the necessary inspection.
Permit cost reimbursement charges are payable to the Health Center and shall be accounted for by the Health Center and deposited into the Treasury of the County as required by law.
No cost reimbursement charges are refundable.
The schedule of cost reimbursement charges are set out in the Food Service and Retail Food Service Sanitation Rules and Regulations of the Jefferson County Health Center (JCHC Food R&R) and are further incorporated by this reference as if fully printed within this Chapter.
[Order No. 2-3-2000A §5, 2-3-2000]
Any applicant denied a County food and beverage permit or whose permit is revoked may upon petition have a hearing as set out in the JCHC Food R&R.
[Order No. 2-3-2000A §6, 2-3-2000]
Any person (or responsible officer or employer of that person) who violates any provision of this Chapter and any person (or responsible officer or employer of that person) who is the holder of a permit or who otherwise operates a food establishment that does not comply with the requirements of this Chapter or fails to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall be guilty of a misdemeanor punishable as provided in Sections 196.235 and 196.265, RSMo., and upon proper complaint shall be prosecuted. Any person who violates this Order or fails to comply with any of its requirements shall, upon conviction in a court of competent jurisdiction, be fined or imprisoned as provided by law and shall pay costs and expenses involved in the case, including expenses of prosecution. Each day in which any such violation does continue shall be deemed a separate offense. Nothing herein contained shall prevent the County of Jefferson or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.
[Order No. 2-3-2000A §7, 2-3-2000]
The Board of Trustees of the Jefferson County Health Center and the County Council may promulgate reasonable rules and regulations to implement the provisions of this Order and violations thereof shall be a misdemeanor.
[Order No. 2-3-2000A §8, 2-3-2000]
If any part of this Chapter or any regulation provided for herein is for any reason held to be invalid by any court of competent jurisdiction, such decision shall not affect the remaining portions of this Chapter or such regulation. No statement contained in this Chapter shall be construed to interfere with any additional requirements that may be imposed by the County Council or the Jefferson County Health Center as the regulatory authority.
[Order No. 2-3-2000A §9, 2-3-2000]
The effective date of this Chapter is the first (1st) day of February, 2000.