Cross Reference — Duty of director of public health and sanitation, §225.030(2)(g).
State Law Reference — Regulations, RSMo., §196.190 et seq.
[Ord. No. 120 §38, 2-25-1932]
It shall be unlawful for any person to sell, expose, or offer for sale, any meat, fish, vegetable, eggs, poultry or any other article of food that has, in the opinion of any Federal, State or City Food Inspector, or in the opinion of any physician, become unfit for human consumption.
State Law Reference — See RSMo. §196.015 for similar law.
[Ord. No. 120 §21, 2-25-1932]
It shall be unlawful for any person to slaughter any animal other than in a regular slaughterhouse properly equipped for the purpose; provided nothing in this Section shall apply to any officer or other person who shall find it necessary to kill some animal that may be crippled or running at large.
[Ord. No. 258 §1, 10-10-1956]
As used in this Chapter, the following terms shall have the respective meanings ascribed to them:
- Any person who handles food or drink during preparation or serving, or who comes in contact with any eating or cooking utensils, or who is employed in a room in which food or drink is prepared or served.
- ENFORCEMENT OFFICER
- The County Health Officer.
- ITINERANT RESTAURANT
- One operating for a temporary period in connection with a fair, carnival, circus, public exhibition, or other similar gathering.
- Restaurant, coffee shop, cafeteria, short order cafe, luncheonette, tavern, sandwich stand, soda fountain, food vending cart, and all other eating or drinking establishments, as well as kitchens or other places in which food or drink is prepared for sale elsewhere.
- Any kitchenware, tableware, glassware, cutlery, utensils, containers, or other equipment with which food or drink comes in contact during storage, preparation or serving.
[Ord. No. 258 §2, 10-10-1956; Ord. No. 70-21 §2, 3-18-1970]
It shall be unlawful for any person to operate a restaurant in the City who does not possess an unrevoked permit from the Health Department of St. Louis County. Such permit shall be posted in a conspicuous place within the restaurant. Only persons who comply with the provisions of this Chapter shall be entitled to receive and retain such a permit. A person conducting an itinerant restaurant shall also be required to secure a permit and post same in a conspicuous place on the premises. Upon compliance with the provisions of this Chapter, and upon payment of the annual permit fee required by appropriate St. Louis County ordinances dealing with the inspection of restaurants to the Treasurer of St. Louis County, to be deposited by him in the Health Center Maintenance Fund, the Director of Health of St. Louis County may issue a permit. A permit may be temporarily suspended by the Director of Health upon the violation by the holder of any of the terms of this Chapter, or revoked after an opportunity for a hearing by the Director of Health upon serious or repeated violation.
[Ord. No. 258 §2, 10-10-1956]
A permit required by Section 660.040 may be temporarily suspended by the Enforcement Officer upon the violation by the holder of any of the terms of this Chapter, or revoked after an opportunity for a hearing by the Enforcement Officer upon serious or repeated violation.
[Ord. No. 258 §4, 10-10-1956]
Samples of food, drink, and other substances may be taken and examined by the Enforcement Officer as often as may be necessary for the detection of unwholesomeness or adulteration. The Enforcement Officer may condemn and forbid the sale of, or cause to be removed or destroyed, any food or drink which is unwholesome or adulterated.
[Ord. No. 258 §5, 10-10-1956]
At least once every three (3) months the Enforcement Officer shall inspect every restaurant located within the City. In case the Enforcement Officer discovers the violation of any item of sanitation required for the grade then held, he shall make a second inspection after the lapse of such time as he deems necessary for the defect to be remedied, and the second inspection shall be used in determining compliance with the grade requirements of this Chapter. Any violation of the same item of this Chapter on such second inspection shall call for immediate degrading or suspension of permit.
[Ord. No. 258 §5, 10-10-1956]
One (1) copy of the inspection report shall be posted by the Enforcement Officer upon an inside wall of the restaurant, and said inspection report shall not be defaced or removed by any person except the Enforcement Officer. Another copy of the inspection report shall be filed with the records of the Health Department of the City.
[Ord. No. 258 §5, 10-10-1956]
The person operating the restaurant shall upon request of the Enforcement Officer, permit access to all parts of the establishment and shall permit copying any or all records of food purchased.
[Ord. No. 258 §11, 10-10-1956]
This Chapter shall be enforced by the Enforcement Officer in accordance with the interpretations thereof contained in the U.S. Public Health Service Code Regulating Eating and Drinking Establishments, a certified copy of which shall be on file at the County Clerk's office.
[Ord. No. 258 §6, 10-10-1956]
No restaurant shall be operated within the City or its Police jurisdiction, unless it conforms with the Grade A or Grade B, or approved itinerant restaurant, requirements of this Chapter; provided, when any restaurant fails to qualify for any of these grades the Enforcement Officer is authorized to suspend the permit or in lieu thereof to degrade the restaurant to Grade C and permit its operation at this grade during a temporary period not exceeding thirty (30) days.
[Ord. No. 258 §3, 10-10-1956]
Every restaurant shall display at all times in a place designated by the Enforcement Officer, a notice approved by the Enforcement Officer stating the grade of the establishment.
[Ord. No. 258 §7, 10-10-1956]
Any restaurant, the grade of which has been lowered and all grade displays have been changed accordingly may at any time make application for regrading. When one (1) week after the receipt of a satisfactory application, accompanied by a statement signed by the applicant to the effect that the violated provisions of this Chapter have been complied with, the Enforcement Officer shall make a reinspection, and thereafter as many additional reinspections as he may deem necessary to assure himself that the applicant is again complying with the higher grade requirements, and, in case the findings indicate compliance, shall award the higher grade.
[Ord. No. 258 §8, 10-10-1956]
The grading of all restaurants shall be based upon the following standards:
Sanitation requirements for grade A restaurants. All Grade A restaurants shall comply with all of the following items of sanitation.
Item 1. Floors. The floors of all rooms in which food or drink is stored, prepared, or served, or in which utensils are washed, shall be of such construction as to be easily cleaned, shall be smooth, and shall be kept clean and in good repair.
Item 2. Walls and ceilings. Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of rooms in which food or drink is stored or prepared shall be finished in light color. The walls of all rooms in which food or drink is prepared or utensils are washed shall have a smooth, washable surface up to the level reached by splash or spray.
Item 3. Doors and windows. When flies are prevalent, all openings into the outer air shall be effectively screened and doors shall be self-closing, unless other effective means are provided to prevent the entrance of flies.
Items 4. Lighting. All rooms in which food or drink is stored or prepared, or in which utensils are washed, shall be well-lighted.
Item 5. Ventilation. All rooms in which food or drink is stored, prepared, or served, or in which utensils are washed, shall be well-ventilated.
Item 6. Toilet facilities. Every restaurant shall be provided with adequate and conveniently located toilet facilities for its employees, conforming with the ordinances of the City and County. In restaurants hereafter constructed, toilet rooms shall not open directly into any room in which food, drink, or utensils are handled or stored. The doors of all toilet rooms shall be self-closing. Toilet rooms shall be kept in a clean condition, in good repair, and well-lighted and ventilated. Handwashing signs shall be posted in each toilet room used by employees.
Item 7. Water supply. Running water under pressure shall be easily accessible to all rooms in which food is prepared or utensils are washed, and the water supply shall be adequate, and of a safe, sanitary quality.
Item 8. Lavatory facilities. Adequate and convenient hand-washing facilities shall be provided, including hot and cold running water, soap, and approved sanitary towels. The use of a common towel is prohibited. No employee shall resume work after using the toilet room without first washing his hands.
Item 9. Construction of utensils and equipment. All multi-use utensils and all show and display cases or windows, counters, shelves, tables, refrigerating equipment, sinks, and other equipment or utensils used in connection with the operation of a restaurant shall be so constructed as to be easily cleaned and shall be kept in good repair. Utensils containing or plated with cadmium or lead shall not be used; provided, solder containing lead may be used for jointing.
Item 10. Cleaning and bactericidal treatment of utensils and equipment. All equipment, including display cases or windows, counters, shelves, tables, refrigerators, stoves, hoods, and sinks, shall be kept clean and free from dust, dirt, insects, and other contaminating material. All cloths used by waiters, chefs, and other employees shall be clean. Single-service containers shall be used only once.
All multi-use eating and drinking utensils shall be thoroughly cleaned and effectively subjected to an approved bactericidal process after each usage. All multi-use utensils used in the preparation or serving of food and drink shall be thoroughly cleaned and effectively and drink shall be thoroughly cleaned and effectively subjected to an approved bactericidal process immediately following the day's operation. Drying cloths, if used, shall be clean and shall be used for no other purpose.
No article, polish, or other substance containing any cyanide preparation or other poisonous material shall be used for the cleansing or polishing of utensils.
Item 11. Storage and handling of utensils and equipment. After bactericidal treatment, utensils shall be stored in a clean, dry place protected from flies, dust and other contamination, and shall be handled in such a manner as to prevent contamination as far as practicable. Single-service utensils shall be purchased only in sanitary containers, shall be stored therein in a clean, dry place until used, and shall be handled in a sanitary manner.
Item 12. Disposal of wastes. All wastes shall be property disposed of, and all garbage and trash shall be kept in suitable receptacles, in such manner as not to become a nuisance.
Item 13. Refrigeration. All readily perishable food and drink shall be kept at or below fifty degrees (50°)Fahrenheit except when being prepared or served. Wastewater from refrigeration equipment shall be properly disposed of.
Item 14. Wholesomeness of food and drink. All food and drink shall be clean, wholesome, free from spoilage, and so prepared as to be safe for human consumption. All milk, fluid milk products, ice cream, and other frozen deserts served shall be from approved sources. Milk and fluid milk products shall be served in the individual original containers in which they were received from the distributor or from a bulk container equipped with an approved dispensing device; provided, this requirement shall not apply to cream, which may be served from the original bottle or from a dispenser approved for such service. All oysters, clams, and mussels shall be from approved sources, and if shucked shall be kept until used in the containers in which they were placed in the shucking plant.
Item 15. Storage, display, and serving of food and drink. All food and drink shall be so stored, displayed, and served as to be protected from dust, flies, vermin, depredation and pollution by rodents, unnecessary handling, droplet infection, overhead leakage, and other contamination. No animals or fowl shall be kept or allowed in any room in which food or drink is prepared or stored. All means necessary for the elimination of flies, roaches, and rodents shall be used.
Item 16. Cleanliness of employees. All employees shall wear clean outer garments and shall keep their hands clean at all times while engaged in handling food, drink, utensils, or equipment. Employees shall not expectorate or use tobacco in any form in rooms in which food is prepared.
Item 17. Miscellaneous. The premises of all restaurants shall be kept clean and free of litter or rubbish. None of the operations connected with a restaurant shall be conducted in any room used as living or sleeping quarters. Adequate lockers or dressing rooms shall be provided for employees' clothing and shall be kept clean. Soiled linens, coats, and aprons shall be kept in containers provided for this purpose.
Grade B restaurants. Grade B restaurants are those which fail to comply with items 1, 2, 4, 5 or 17, but which conform with all other items of sanitation required for Grade A restaurants.
Grade C restaurants. Grade C restaurants are those which fail to comply with either the Grade A or the Grade B requirements.
Itinerant restaurants. Itinerant restaurants shall be constructed and operated in an approved manner.
[Ord. No. 258 §9, 10-10-1956]
No person who is affected with any disease in a communicable form or is a carrier of such disease shall work in any restaurant, and no restaurant shall employ any such person or any person suspected of being affected with any disease in a communicable form or of being a carrier of such disease. If the restaurant manager suspects that any employee has contracted any disease in a communicable form or has become a carrier of such disease he shall notify the Enforcement Officer immediately. A placard containing this Section shall be posted in all toilet rooms.
[Ord. No. 258 §9, 10-10-1956]
All restaurant employees shall have an annual chest X-ray and all new employees shall have a pre-employment X-ray prior to beginning work, which shall have been made within the last twelve (12) months.
[Ord. No. 258 §10, 10-10-1956]
When suspicion arises as to the possibility of transmission of infection from any restaurant employee the Enforcement Officer is authorized to require any or all of the following measures:
The immediate exclusion of the employee from all restaurants;
The immediate closing of the restaurant concerned until no further danger of disease outbreak exists, in the opinion of the Enforcement Officer;
Adequate medical examinations of the employee and of his associates, with such laboratory examinations as may be indicated.