Article I In General
Article II Restaurants
[CC 1984 §13-1; Rev. M.C. 1963 §24.02; Ord. No. 3140 §13-1]
No person shall within the City produce, sell, offer or expose for sale, or have in possession with intent to sell any milk or milk product which is adulterated, misbranded or ungraded. No person, other than in a private home, shall have in possession any adulterated, misbranded or ungraded milk or milk product.
[CC 1984 §12-40; Rev. M.C. 1963 §25.01; Ord. No. 3140 §12-21]
As used in this Article, the following terms shall have these prescribed meanings:
- Any person who handles food or drink during preparation or serving, or who comes into contact with any eating or drinking utensils or who works in a room in which food or drink is prepared or served.
- HEALTH OFFICER
- The Health Commissioner of the City or his/her designee or any authorized representative of the St. Louis County Health Department.
- ITINERANT RESTAURANT
- A restaurant operating for a temporary period in connection with a fair, carnival, circus, public exhibition, or other similar gathering.
- A restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, tavern, sandwich stand, soda fountain, 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 into contact during storage, preparation or serving.
[CC 1984 §12-41; Rev. M.C. 1963 §25.02; Ord. No. 2948 §4, 2-16-1970; Ord. No. 3140 §12-22]
The Health Officer shall issue a permit to an applicant upon determining that the applicant has complied with the requirements of this Article and has currently paid an annual fee of thirty ($30.00) dollars.
[CC 1984 §12-42; Rev. M.C. 1963 §25.06; Ord. No. 2948 §2, 2-16-1970; Ord. No. 3140 §12-23]
The grading of all restaurants shall be based upon the following standards:
Grade "C" restaurants are those which fail to comply with either the Grade "A" or Grade "B" requirements.
Itinerant restaurants are exempt from the foregoing grading system but shall be constructed and operated in an approved manner.
[CC 1984 §12-43; Rev. M.C. 1963 §25.03; Ord. No. 3140 §12-24]
Every non-itinerant restaurant shall display at all times in a place designated by the Health Officer a notice approved by the Health Officer stating the grade of the establishment.
[CC 1984 §12-44; Rev. M.C. 1963 §25.04; Ord. No. 3140 §12-25]
Samples of food, drink and other substances may be taken and examined by the Health Officer as often as may be necessary for the detection of unwholesomeness or adulteration.
The Health Officer may condemn and forbid the sale of, or cause to be removed or destroyed, any food or drink which is unwholesome or adulterated.
[CC 1984 §12-50; Rev. M.C. 1963 §25.05; Ord. No. 2948 §1, 2-16-1970; Ord. No. 3140 §12-26]
At least once every three (3) months, the Health Officer shall inspect every restaurant located within the City. In case the Health Officer discovers the violation of any item of sanitation required by the grade then held, he/she shall make a second (2nd) inspection after a lapse of such time as he/she deems necessary for the defect to be remedied.
The second (2nd) inspection should be used in determining compliance with the grade requirements of this Article. Any violation of the same provision of such second (2nd) inspection shall call for immediate degrading or suspension of the permit.
[CC 1984 §12-51; Rev. M.C. 1963 §25.02; Ord. No. 3140 §12-27]
No person shall operate a restaurant in the City who does not possess an unrevoked permit issued by the Health Officer in accordance with Section 250.030. The permit shall be posted in a conspicuous place on the premises of the restaurant to which the permit refers. Only persons who comply with the requirements of this Article shall be entitled to receive and retain such a permit.
A person conducting an itinerant restaurant shall be required to secure a permit.
The person operating the restaurant shall, upon request of the Health Officer, permit access to all parts of the establishment and permit copying any or all records of food purchased.
[CC 1984 §12-52; Rev. M.C. 1963 §25.05; Ord. No. 2948 §1, 2-16-1970; Ord. No. 3140 §12-28]
One (1) copy of the inspection report shall be posted by the Health Officer upon an inside wall of the restaurant. A copy of the inspection report must remain posted; only the Health Officer may remove an inspection report. Should a posted report be defaced or removed by any person, the person operating the restaurant must immediately so notify the Health Officer.
Another copy of the inspection report shall be filed with the records of the Health Department.
[CC 1984 §12-53; Rev. M.C. 1963 §25.09; Ord. No. 3140 §12-29]
No person who is affected with any disease in a communicable form or is a carrier of such disease shall work in any restaurant. 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/she shall notify the Health Officer immediately.
A placard containing the requirements of this Section shall be posted in all toilet rooms.
[CC 1984 §12-54; Rev. M.C. 1963 §25.10; Ord. No. 3140 §12-30]
When suspicion arises as to the possibility of transmission of infection from any restaurant employee, the Health Officer is authorized to require any or all of the following measures:
The immediate exclusion of the employee from all restaurants within the City;
The immediate closing of the restaurant concerned until no further danger of disease outbreak exists in the opinion of the Health Officer; and
Adequate medical examinations of the employee and of his/her associates with such laboratory examinations as may be indicated.
[CC 1984 §12-60; Rev. M.C. 1963 §25.11; Ord. No. 2948 §3, 2-16-1970; Ord. No. 3140 §12-31]
This Article shall be enforced by the Health Officer in accordance with the interpretations of such Code contained in the United States Public Health Service Code Regulating Eating and Drinking Establishments. A copy of the Code shall be on file at the Clerk's office.
[CC 1984 §12-61; Rev. M.C. 1963 §25.02; Ord. No. 3140 §12-32]
A restaurant permit may be temporarily suspended by the Health Officer upon the violation by the holder of any terms of this Article or it may be revoked by the Health Officer upon serious or repeated violations. The Health Officer shall issue notice to the person named in the permit advising him/her of the time and place of the Health Officer's intended action and the grounds therefor. The notice shall be served at least ten (10) days prior to the hearing, either by delivery of a copy of the notice to the person named in the permit or by leaving a copy of the notice at the restaurant named in the permit.
[CC 1984 §12-62; Rev. M.C. 1963 §25.07; Ord. No. 3140 §12-33]
No restaurant shall be operated within the City unless it conforms with the Grade "A", Grade "B" or approved itinerant restaurant requirements. When any restaurant fails to meet the requirements for Grade "B", the Health Officer is authorized to suspend the permit, or in lieu thereof, to degrade the restaurant and permit its operation during a temporary period not exceeding thirty (30) days.
[CC 1984 §12-63; Rev. M.C. 1963 §25.08; Ord. No. 3140 §12-34]
Any restaurant, the grade of which has been lowered and all grade displays have been changed accordingly or the permit of which has been suspended, may at any time make application for regrading or the reinstatement of the permit.
Within 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 Article have been conformed with, the Health Officer shall make a reinspection and thereafter as many additional reinspections as he/she may deem necessary to assure himself/herself that the applicant is again complying with the higher grade requirements. If the findings indicate compliance, he/she shall award the higher grade or reinstate the permit.
[CC 1984 §12-64; Rev. M.C. 1963 §25.06; Ord. No. 3140 §12-35]
The floors of rooms in which food or drink is stored, prepared or served, or in which utensils are washed and stored, shall be of such construction as to be easily cleaned. They shall be smooth and kept clean and in good repair.
[CC 1984 §12-70; Rev. M.C. 1963 §25.06; Ord. No. 3140 §12-36]
Walls and ceilings of rooms in which food or drink is stored or prepared shall be finished in light color. The walls of 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. Walls and ceilings of all rooms shall be kept clean and in good repair.
[CC 1984 §12-71; Rev. M.C. 1963 §25.06; Ord. No. 3140 §12-37]
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.
[CC 1984 §12-72; Rev. M.C. 1963 §25.06; Ord. No. 3140 §12-38]
All rooms in which food or drink is stored, prepared or served or in which utensils are washed shall be well lighted.
[CC 1984 §12-73; Rev. M.C. 1963 §25.06; Ord. No. 3140 §12-39]
All rooms in which food or drink is stored, prepared or served, or in which utensils are washed, shall be well ventilated.
[CC 1984 §12-74; Rev. M.C. 1963 §25.06; Ord. No. 3140 §12-40]
Every restaurant shall be provided with adequate and conveniently located toilet facilities for its employees, conforming with the ordinances of the City. In restaurants constructed after November 19, 1945, 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. Hand-washing signs shall be posted in each toilet room used by employees.
[CC 1984 §12-80; Rev. M.C. 1963 §25.06; Ord. No. 3140 §12-41]
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 subjected to an approved bactericidal process immediately following the day's operation. Drying cloths, if used, shall be cleaned and 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.
[CC 1984 §12-81; Rev. M.C. 1963 §25.06; Ord. No. 3140 §12-42]
Running water under pressure shall be easily accessible to all rooms in which food is prepared or utensils are washed. The water supply shall be adequate and of a safe, sanitary quality.
[CC 1984 §12-82; Rev. M.C. 1963 §25.06; Ord. No. 3140 §12-43]
[CC 1984 §12-83; Rev. M.C. 1963 §25.06; Ord. No. 3140 §12-44]
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; except that solder containing lead may be used for jointing.
[CC 1984 §12-84; Rev. M.C. 1963 §25.06; Ord. No. 3140 §12-45]
After bactericidal treatment, utensils shall be stored in a clean, dry place protected from flies, dust and other contamination. They 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. They shall be stored in such containers in a clean, dry place until used. They shall be handled in a sanitary manner.
[CC 1984 §12-90; Rev. M.C. 1963 §25.06; Ord. No. 3140 §12-46]
All wastes shall be properly disposed of, and all garbage and trash shall be kept in suitable receptacles in such manner as not to become a nuisance.
[CC 1984 §12-91; Rev. M.C. 1963 §25.06; Ord. No. 3140 §12-47]
All readily perishable food and drink shall be kept at or below fifty degrees Fahrenheit (50°F) except when being prepared or served. Waste water from refrigeration equipment shall be properly disposed of.
[CC 1984 §12-92; Rev. M.C. 1963 §25.06; Ord. No. 3140 §12-48]
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 desserts 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. 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 at the shucking plant.
[CC 1984 §12-93; Rev. M.C. 1963 §25.06; Ord. No. 3140 §12-49]
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 nor 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.
[CC 1984 §12-94; Rev. M.C. 1963 §25.06; Ord. No. 3140 §12-50]
All employees shall wear clean outer garments and keep their hands clean at all times when engaged in handling food, drink, utensils or equipment. Employees shall not expectorate nor use tobacco in any form in rooms in which food is prepared. Soiled linens, coats and aprons shall be kept in containers provided for this purpose.
[CC 1984 §12-100; Rev. M.C. 1963 §25.06; Ord. No. 3140 §12-51]
No operation connected with a restaurant shall be conducted in any room used as living quarters.
No operation connected with a restaurant shall be conducted in any room used as sleeping quarters.
Adequate lockers or dressing rooms shall be provided for employees' clothing and shall be kept clean.
[CC 1984 §12-101; Rev. M.C. 1963 §25.06; Ord. No. 3140 §12-52]
The premises of all restaurants shall be kept clean and free of litter or rubbish.