St. Louis City Revised Code Chapter 11.42 Part I
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Chapter 11.42
RESTAURANTS
PART I. DEFINITIONS
City Counselor Ops.: 8642
11.42.001 Generally.
For the purpose of this chapter, the following terms, phrases, words and their derivatives shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include future, words in the singular number include the plural number. The word "shall" is mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning. (Ord. 63699 (part), 1996.)
11.42.002 Adulterated.
"Adulterated" shall mean the condition of a food:
A. If it bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health;
B. If it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by regulation or in excess of such tolerance if one has been established;
C. If it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for human consumption;
D. If it has been processed, prepared, packed or held under unsanitary conditions; whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;
E. If it is in whole or in part the product of a diseased animal, or an animal which has died otherwise than by slaughter; or
F. If its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health. (Ord. 63699 (part), 1996.)
11.42.004 Approved.
"Approved" shall mean acceptable to the Health Commissioner based on his/her determination of conformity with principles, practices and generally recognized standards that protect public health. (Ord. 63699 (part), 1996.)
11.42.006 AW.
"AW" means water activity.
(Ord. 63699 (part), 1996.)
11.42.008 Bottled drinking water.
"Bottled drinking water" means water that is sealed in bottles, packages, or other containers and offered for sale for human consumption, including bottled mineral water. (Ord. 63699 (part), 1996.)
11.42.010 Closed.
"Closed" shall mean fitted together snugly leaving no openings larger than one-thirty-second of an inch. (Ord. 63699 (part), 1996.)
11.42.012 Commissary.
"Commissary" means a catering establishment, restaurant, or any other place in which food, containers, or supplies are kept, handled, prepared, packaged or stored. (Ord. 63699 (part), 1996.)
11.42.014 Corrosion-resistant material.
"Corrosion-resistant material" means those materials that maintain their original surface characteristics under prolonged influence of the food, normal use of cleaning compounds and sanitizing solutions which may contact it. (Ord. 63699 (part), 1996.)
11.42.016 Easily cleanable.
"Easily cleanable" means that surfaces are readily accessible to sight and touch if manually cleaned and made of such materials and of such design and construction that residue may be effectively removed by normal cleaning methods. (Ord. 63699 (part), 1996.)
11.42.018 Employee.
"Employee" means the permit holder, individuals having supervisory or management duties and any other person working in a food service establishment. (Ord. 63699 (part), 1996.)
11.42.020 Equipment.
"Equipment" means stoves, ovens, ranges, hoods, slicers, mixers, meatblocks, tables, counters, refrigerators, sinks, dishwashing machines, steam tables, and similar items other than utensils, used in the operation of a food service establishment. (Ord. 63699 (part), 1996.)
11.42.022 Food.
"Food" means any raw, cooked, or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption. (Ord. 63699 (part), 1996.)
11.42.024 Food-contact surface.
"Food-contact surface" means those surfaces of equipment and utensils with which food normally comes in contact, and those surfaces from which food may drain, drip, or splash back onto surfaces normally in contact with food. (Ord. 63699 (part), 1996.)
11.42.026 Food processing establishment.
"Food processing establishment" means a commercial operation in which food is manufactured or packaged for human consumption. The term does not include a food service establishment, retail food store, or commissary operation. (Ord. 63699 (part), 1996.)
11.42.028 Food service establishment.
"Food service establishment" means any location where food or drink is routinely prepared and served or provided for the public for consumption on or off the premises with or without charge. Such establishments include, but are not limited to, restaurants, coffee shops, cafeterias, short order cafes, luncheonettes, tea rooms, sandwich shops, soda fountains, taverns, bars, cocktail lounges, nightclubs, industrial feeding establishments, take-out establishments, private institutions or organizations routinely serving food, catering kitchens, commissaries or any other eating or drinking establishment or operation, including a pushcart or mobile food unit as defined herein. (Ord. 63699 (part), 1996.)
11.42.030 Hazards.
"Hazards" means a biological, chemical, or physical property that may cause an unacceptable consumer health risk. (Ord. 63699 (part), 1996.)
11.42.032 Health Officer or regulatory authority.
"Health Officer" or "regulatory authority" shall mean the Health Commissioner of the City or his/her designated representative, including but not limited to employees of the Food Control Service of the Health Division of the City of St. Louis whose specific purpose is to assure the safety of foods ingested or imbibed in public places. (Ord. 63699 (part), 1996.)
11.42.034 Ice.
"Ice" means the product, in any form, obtained as a result of freezing by approved mechanical means, potable water from an approved source. (Ord. 63699 (part), 1996.)
11.42.036 Hermetically sealed container.
"Hermetically sealed container" means a container designed and intended to be secure against the entry of microorganisms and to maintain the commercial sterility of its content after processing. (Ord. 63699 (part), 1996.)
11.42.038 Kitchenware.
"Kitchenware" means all multi-use utensils other than tableware used in the preparation, conveying or serving of food. (Ord. 63699 (part), 1996.)
11.42.040 Lavatory.
"Lavatory" means a bowl or basin, used to wash the hands and has faucets, hot and cold running water and drainage. (Ord. 63699 (part), 1996.)
11.42.042 Law.
"Law" includes federal, state, and local statutes, ordinances and regulations. (Ord. 63699 (part), 1996.)
11.42.044 Linens.
"Linens" means fabric items such as cloth hampers, cloth napkins, tablecloths, wiping cloths, and work garments including cloth gloves. (Ord. 63699 (part), 1996.)
11.42.046 Misbranded.
"Misbranded" means the presence of any written, printed or graphic matter upon or accompanying food or containers of food which is false or misleading or which violates any applicable federal, state or local labeling requirements. (Ord. 63699 (part), 1996.)
11.42.048 Mobile food unit.
"Mobile food unit" means a motorized wheeled vehicle that shall by traveling from place to place or upon the public ways, serve food or drink. (Ord. 63699 (part), 1996.)
11.42.050 Molluscan shellfish.
"Molluscan shellfish" means any edible species of fresh or frozen oysters, clams, mussels, and scallops or edible portions thereof. (Ord. 63699 (part), 1996.)
11.42.052 Order of cessation.
"Order of cessation" is a written notice to cease food service operation issued by the Health Commissioner forthwith in the case of a temporary food service establishment and/or in conjunction with the suspension of a food service establishment permit. (Ord. 63699 (part), 1996.)
11.42.054 Packaged.
"Packaged" means bottled, canned, cartoned, or securely wrapped. (Ord. 63699 (part), 1996.)
11.42.056 Person.
"Person" includes any individual, partnership, corporation, association, charitable organization or other legal entity. (Ord. 63699 (part), 1996.)
11.42.058 Person in charge.
"Person in charge" means the individual present in a food service establishment who is the apparent supervisor of the food service establishment at the time of inspection. If no individual is the apparent supervisor, then any employee present is the person in charge. (Ord. 63699 (part), 1996.)
11.42.060 Potable water.
"Potable water" is traditionally known as drinking water. (Ord. 63699 (part), 1996.)
11.42.062 Potentially hazardous food.
"Potentially hazardous food" means any food that consists in whole or in part of milk or milk products, eggs, meats, poultry, fish, shellfish, edible crustacea, or other ingredients, including synthetic ingredients and which is in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms or foods which have a pH level of 4.6 or below or a water activity (AW) value of 8.85 or less. (Ord. 63699 (part), 1996.)
11.42.064 Pushcart.
"Pushcart" means a wheeled vehicle, propelled solely by human power and constructed in accordance with a design approved by the Department of Health on which permitted food products are served. This includes brewed coffee and flavorings of coffee. (Ord. 63699 (part), 1996.)
11.42.066 Reconstituted.
"Reconstituted" means dehydrated food products recombined with water or other liquids. (Ord. 63699 (part), 1996.)
11.42.068 Refuse.
"Refuse" means solid waste not carried by water (the sewer system). (Ord. 63699 (part), 1996.)
11.42.070 Safe materials.
"Safe materials" means articles manufactured from or composed of materials that may not reasonably be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of any food. If materials used are food additives or color additives as defined in Section 201(s) or (t) of the Federal Food, Drug, and Cosmetic Act they are "safe" only if they are used in conformity with regulations established pursuant to Section 409 or Section 706 of the Act. Other materials are "safe" only if, as used, they are not food additives or color additives as defined in Section 201(s) or (t) of the Federal Food, Drug, and Cosmetic Act and are used in conformity with all applicable regulations of the Food and Drug Administration. (Ord. 63699 (part), 1996.)
11.42.072 Sanitation.
"Sanitation" means effective bactericidal treatment by a process that provides enough accumulative heat or concentration of chemicals for enough time to reduce the bacterial count, including pathogens, to a safe level on utensils and equipment. (Ord. 63699 (part), 1996.)
11.42.074 Sealed.
"Sealed" means free of cracks or other openings that permit the entry or passage of moisture. (Ord. 63699 (part), 1996.)
11.42.076 Sewage.
"Sewage" means liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution. (Ord. 63699 (part), 1996.)
11.42.078 Shell stock.
"Shell stock" means raw, in-shell molluscan shellfish.
(Ord. 63699 (part), 1996.)
11.42.080 Shucked shellfish.
"Shucked shellfish" means molluscan shellfish that have one or both shells removed. (Ord. 63699 (part), 1996.)
11.42.082 Single-service articles.
"Single-service articles" means cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins, toothpicks and similar articles intended for one-time, one-person use, and then discarded. (Ord. 63699 (part), 1996.)
11.42.084 Single-use articles.
"Single-use articles" means items such as waxed paper, butcher paper, plastic wrap, bread wrappers, aluminum foil, jars, plastic tubs or buckets and plastic gloves. (Ord. 63699 (part), 1996.)
11.42.086 Support animal.
"Support animal" means a trained animal such as a guide dog that accompanies a person with a disability to assist in managing the disability and enables the person to perform functions that the person would otherwise be unable to perform. (Ord. 63699 (part), 1996.)
11.42.088 Tableware.
"Tableware" means multi-use eating and drinking utensils including flatware (knives, forks and spoons). (Ord. 63699 (part), 1996.)
11.42.090 Temperature measuring device.
"Temperature measuring device" means a thermometer, thermocouple, thermistor, or other devices that indicate the temperature of food, air or water. (Ord. 63699 (part), 1996.)
11.42.092 Temporary food service establishment.
"Temporary food service establishment" means a food establishment that operates at a fixed location for a period of no more than 14 consecutive days in connection with a single public event or public celebration. (Ord. 63699 (part), 1996.)
11.42.094 Unwholesome.
"Unwholesome" means the condition of any food which is diseased, decayed, tainted, putrid, infected, poisoned, adulterated, contaminated, unclean or otherwise impure or unfit for human consumption. (Ord. 63699 (part), 1996.)
11.42.096 Utensils.
"Utensils" means any kitchenware, tableware, glassware, cutlery, containers or other equipment with which food and drink comes in contact during storage, preparation, transportation or serving. (Ord. 63699 (part), 1996.)
11.42.098 Wholesome.
"Wholesome" means in sound condition, clean, free from adulteration and otherwise suitable for use as human food. (Ord. 63699 (part), 1996.)
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