[CC 1981 §620.010; Ord. No. 277 §1, 7-8-1970]
The following definitions shall apply in the interpretation
and enforcement of this Article:
Any coin-operated machine which vends any non-alcoholic beverage
intended for human consumption.
Any person who handles food or drink during preparation,
serving or selling or who comes in contact with any eating or drinking
utensils or who is employed in a room in which food or drink is prepared
or served.
Any articles used or intended for use as food, drink by human
beings.
Any establishment or place whether public or private, and
which is carried on the manufacturing, processing, preparing, serving,
handling, dispensing or selling the food for commercial purposes or
for charge as herein defined.
The Health Commissioner of the City of Winchester or his/her
authorized representative.
One operating for a temporary period in connection with a
fair, carnival, circus, public exhibition or other similar data gathering.
Individual, partnership, corporation or association.
Restaurant, coffee shop, cafeteria, short order cafe, luncheonette,
tavern, sandwich stand, soda fountain, all other public or private
eating or drinking establishments, as well as kitchen or other places
in which food or drinks are 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.
[CC 1981 §620.090; Ord. No. 277 §9, 7-8-1970]
All persons engaged in the operation of any food establishment
shall be required to take all necessary precautions to keep the premises
free from rodents and vermin and said premises shall be ratproof,
free of rats and other vermin.
[CC 1981 §620.100; Ord. No. 277 §10, 7-8-1970]
The presence of rats, mice or other vermin or the traces of
droppings, trails, runs or other evidence of the presence of such
rodents or vermin in any food establishment shall be deemed filth,
insanitation and uncleanliness and is hereby declared to be a nuisance.
Whenever in the judgment of the Health Commissioner any food establishment
is so infested, the operator of said establishment or his/her agent
shall be notified that if such infestation is not eliminated within
a reasonable time as determined by the Health Commissioner, the license
will be revoked. Failure to eliminate such infestation in the time
specified shall be deemed a nuisance and shall be caused for immediate
revocation of license.
[CC 1981 §620.130; Ord. No. 277 §13, 7-8-1970]
The person operating the establishment shall, upon request of
the Health Commissioner, permit access to all parts of the establishment
and shall permit copying any or all records of foods purchased.
[CC 1981 §620.150; Ord. No. 277 §15, 7-8-1970]
Itinerant restaurants shall be constructed and operated in a
manner to be approved by the Health Commissioner.
[CC 1981 §620.160; Ord. No. 277 §16, 7-8-1970]
Every food establishment shall display at all times in a place
designated by the St. Louis County Health Department a notice approved
by the Department stating the grade of the establishment which may
be removed only by the Department.
[CC 1981 §620.170; Ord. No. 277 §17, 7-8-1970]
Excepting any eating and/or drinking establishments previously
regulated under any previous ordinance, no food establishment shall
be operated in the City of Winchester or its Police jurisdiction unless
it conforms with the Grade A, Grade B or approved itinerant restaurant
requirements of this Article, provided that when any food establishment
fails to meet the requirements for Grade B, the Health Commissioner
is authorized to suspend the license in lieu thereof to degrade the
food establishment and permit its operation during a temporary period
not exceeding thirty (30) days.
[CC 1981 §620.220; Ord. No. 277 §22, 7-8-1970]
No dogs, cats or other pets other than service animals of any
kind shall be permitted inside a food establishment at any time.
[CC 1981 §620.230; Ord. No. 277 §23, 7-8-1970]
No food of any kind shall be displayed on the exterior of any
food establishment at any time.
[CC 1981 §620.240; Ord. No. 277 §24, 7-8-1970]
This Article shall be enforced by the Health Commissioner in
accordance with the interpretations thereof contained in the most
recent edition of the St. Louis County Health Code regulating eating
and drinking establishments and amendments thereto and the food and
drug laws of the State of Missouri, a copy of which shall be on file
at the City Clerk's office.
[Ord. No. 711 §1(622.010), 3-23-1994]
These provisions are intended to regulate outdoor dining areas
utilized in conjunction with a business that operates primarily as
a retail food/beverage facility with on-premises consumption. The
City may impose additional use or location-specific operational or
improvement requirements or restrictions in the interest of preserving
public safety and health. All Building and Zoning Codes of the City,
as amended, apply to outdoor dining areas.
[Ord. No. 711 §1(622.020), 3-23-1994]
A.
Outdoor
dining may be authorized only in the commercially zoned areas by issuance
of a conditional use permit.
B.
Following
are additional application requirements specific to this Section:
1.
A site plan and rendering shall be filed with the City which depicts
the proposed outdoor dining area, number of tables and/or chairs requested,
proposed outdoor dining area improvements and compliance with all
provisions of this Section.
2.
The applicant shall provide photographs, renderings and specifications
as requested of all items proposed to be utilized in conjunction with
the outdoor dining use.
3.
The applicant shall submit a notarized statement attesting that he/she
has read and understood the outdoor dining provisions and agree to
comply as a condition of approval to install and continue to operate
the outdoor dining area.
[Ord. No. 711 §1(622.030), 3-23-1994]
A.
The
outdoor dining area may only be operated in conjunction with a business
that operates primarily as a retail food/beverage facility with on-premises
consumption. These regulations are not intended to apply to establishments
which serve alcoholic beverages as the principal part of business
operations.
B.
No
outdoor speakers or music shall be allowed in the outdoor dining area.
C.
The
outdoor dining area shall be kept clean and free of debris at all
times and be kept in good order and repair.
D.
Food/beverage
service equipment shall not be permitted outdoors.
E.
The
outdoor dining area hours shall be no longer than those of the principal
facility.
F.
The
outdoor dining area may be operated only as an ancillary part of the
principal business operation.
G.
Approval
of an outdoor dining area does not automatically extend liquor license
authority into said area. If the applicant desires to serve alcoholic
beverages of any class in the subject area, a conditional use permit
or conditional use permit amendment must be sought and approved and
new license issued.
H.
Food
and beverage to be purchased inside the main premises to be carried
out to the outdoor area by purchaser not by waiters or waitresses.
I.
The
operating season of the outdoor dining area shall be limited to March
first (1st) through October thirty-first (31st) annually except as
approved by the City.
J.
Authority
to operate an outdoor dining area is granted for renewable one (1)
year terms which shall coincide with the business license year. If
the City does not take action to rescind authority granted under this
Section by 11:59 P.M. the last day of the business license year, outdoor
dining authority is automatically extended for another business license
year period unless the conditional use permit is rescinded by the
City with cause.
[Ord. No. 711 §1(622.040), 3-23-1994]
A.
Seating
must be on pavement or decking; no gravel, grass, dirt or other unfinished
surface.
B.
Outdoor
tables, chairs, umbrellas, furniture and decorative items and material
must be of uniform design.
C.
The
seating shall not obstruct any ingress or egress points of the principal
or secondary facility.
D.
An
unobstructed pedestrian walkway at least six (6) feet wide shall be
maintained between tables or chairs and any lane or parking lot utilized
by motor vehicles.
E.
Any
lighting installed and operated shall be backshielded so as to transmit
light only to the subject area and not disturb adjacent properties
or affect traffic on adjacent rights-of-way.
F.
Adequate
off-street parking is required for the increased seating capacity
in the amount of one (1) space per three (3) seats.
G.
Any
outdoor trash receptacles utilized in conjunction with the outdoor
dining area shall be placed as close to the principal facility as
feasible, shall be for patron self-service disposal only, shall be
readily visible but coordinate with the overall design of the outdoor
dining area, shall not interfere with pedestrian or vehicular ingress
or egress, and shall be covered or sealed at all times and not allowed
to overflow.
H.
No
permanent structures or ground improvements may be constructed or
installed without building permit authorization from the City.
I.
The
outdoor dining area shall not encroach on front or side yard setbacks,
rear yard requirements or any right-of-way.
J.
All
functional and aesthetic improvements proposed for installation and
operation such as tables, chairs, umbrellas, awnings, barriers, landscaping,
planters and general plant materials, decorative fences, light fixtures,
railings and dividers shall be as approved by the Building Commissioner
based on factors such as appearance, durability and degree of safety
to patrons and the general public.
K.
No signage or other advertising devices may be operated in the outdoor dining area except as allowed by Chapter 415 of the Winchester Code for the entire facility.
L.
The
City may require that at least two (2) means of ingress/egress be
provided from the outdoor dining area both being by means of the principal
building.
M.
The
outdoor dining area shall be physically separated from vehicular and
pedestrian thoroughfares, both for the privacy of the patron and the
safety of the patron and general public. Separation can be accomplished
by a change in elevation, use of planter boxes or other landscaping
methods and materials, permanent railing, or combinations of each
of the aforementioned. All such barriers must be at least thirty (30)
inches in height (inclusive of plant materials) and must be permanent
and be well maintained.
N.
All
outdoor furniture and non-permanent fixtures shall be removed from
the outdoor dining area or stored inconspicuously as approved by the
City during non-operating months.
