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.
[1]
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.
The County Health Officer.
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]
A.
The grading
of all restaurants shall be based upon the following standards:
1.
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.
2.
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.
3.
Grade C restaurants. Grade C restaurants are those which
fail to comply with either the Grade A or the Grade B requirements.
4.
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]
A.
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:
1.
The
immediate exclusion of the employee from all restaurants;
2.
The
immediate closing of the restaurant concerned until no further danger
of disease outbreak exists, in the opinion of the Enforcement Officer;
3.
Adequate
medical examinations of the employee and of his associates, with such
laboratory examinations as may be indicated.
