St. Louis City Revised Code Chapter 11.42 Part XI

Chapter 11.42
RESTAURANTS

Part XI. Enforcement Provisions

Sections:

11.42.902Issuance of permits and fees.
11.42.904Inspections of food service establishments.
11.42.906Suspension of permits.
11.42.908Revocation of permits.
11.42.910Access to establishments.
11.42.912Inspection records--Demerit values--Rating score.
11.42.914Correction of violations.
11.42.916Grading of food service establishments.
11.42.918Examination and condemnation of food.
11.42.920Food service establishments outside jurisdiction of the Health Commissioner.
11.42.922Food service certificate of approval.
11.42.924Plan review of future construction.
11.42.926Procedure when infection is suspected.
11.42.928Appointment of Food Service Advisory Council--Composition--Terms of office of members--Duties.
11.42.930Penalties.
11.42.932Enforcement interpretations.
11.42.934Fee amounts.

11.42.902 Issuance of permits and fees.

A. Any person desiring to operate a food service establishment or a temporary food service establishment, shall make written application for a permit on forms provided by the Health Commissioner.

B. Such applications shall include the following:

1. The name, address and social security number of each applicant;

2. If applicant is an individual, firm, corporation or temporary;

3. Location and type of the proposed food service establishment; if the application is for a temporary food service establishment, the name, dates, time and location of the proposed operation shall be included.

C. Any application is valid for only ninety (90) calendar days and will be filed without further action if the food service establishment permit is not approved within that time. Any fee accompanying the application is nonreturnable.

D. Permits for temporary food service establishments shall be issued for a period of time not to exceed fourteen (14) consecutive days.

E. This fee shall continue until the enactment of legislation authorizing the annual food service establishment permit fees. The appropriate fee in the form of a check, money order, or bank check (no cash), payable to the Health Commissioner of the City for deposit with the Treasurer of the City of St. Louis as general revenue, must accompany all applications for permit.

F. All other permits shall be issued and/or revoked by the Health Commissioner and are renewable annually, upon declaration of the previous year’s gross sales or payment of the appropriate annual fee and determination by the Health Commissioner that all other requirements of this chapter are met.

G. Charitable organizations shall be exempt from the permit fee. Such exemption does not release them from the requirements of this chapter. There will be no exception from any of the enforcement procedures outlined in this chapter. Such a charitable organization must provide a letter of exemption from the U.S. Internal Revenue Service or the Missouri Department of Revenue Business Taxes Bureau as justification for application for permit under these terms.

H. Upon receipt of such an application, the Health Officer shall make an inspection of the food service establishment to determine compliance with the provisions of this chapter. The Health Officer shall prepare a report and forward to the Health Commissioner his recommendation that the permit be granted or refused and his reasons. Should the Health Officer refuse to recommend that a permit be issued, he shall notify the applicant of his reasons by mail at the address stated on the application.

I. It shall be unlawful for any person to operate a food service establishment within the City, who does not possess a valid permit issued to him by the Health Commissioner or renewed for him in accordance with this section.

J. Only a person who complies with the requirements of this chapter shall be entitled to receive and retain such a permit. Permits shall not be transferable from one person to another person or place. A valid permit shall be posted in every food service establishment. Failure to post said permit within a reasonable length of time shall be just cause for suspension or revocation of the permit.

K. The License Collector shall issue a restaurant, alcoholic beverage or similar business license to a person only upon presentation of the approved inspection report from the Health Commissioner that all provisions of this chapter have been met. (Ord. 63699 (part), 1996.)

11.42.904 Inspections of food service establishments.

Following the initial inspection of a food service establishment and the issuance of a permit by the Health Commissioner, the Health Officer shall routinely inspect said establishment at least every (6) months and he shall make as many additional inspections and reinspections as are necessary for the enforcement of this chapter. (Ord. 63699 (part), 1996.)

11.42.906 Suspension of permits.

A. The Health Commissioner may suspend a food service establishment permit or a temporary food service establishment permit and issue an order of cessation for any of the following causes:

1. If operation of the food service establishment or a temporary food service establishment constitutes a hazard to public health;

2. Interference with the Health Officer in the performance of his duties, including refusal to allow access to carry out those duties; or

3. The operation of the food service establishment or a temporary food service establishment without a food service establishment permit or a temporary food service establishment permit or while an application for said permit is pending, or in accordance with Section 11.42.914;

4. Failure to possess a current valid restaurant, alcoholic beverage or similar business license as required by law.

B. When a permit is suspended an order of suspension and cessation of business shall be issued, and the operation of the food service establishment or a temporary food service establishment shall cease immediately. A suspension order shall become effective upon service of written notice to the permit holder or person in charge of the food service establishment or temporary food service establishment, respectively. The written notice shall specify the reason for the order of suspension. It shall remain in effect until lifted by the Health Commissioner or superseded by an order of revocation issued by the Health Commissioner. The order of the Health Commissioner suspending a permit under this section shall be final. (Ord. 63699 (part), 1996.)

11.42.908 Revocation of permits.

A. The Health Commissioner may revoke a permit:

1. For serious or repeated violations of any of the requirements of this chapter;

2. For failure to pay the proper fees established in Section 11.42.902 or fees otherwise legally established;

3. For materially false statements in an application for a permit;

4. For failure to have at least one representative of responsible management who possesses a food service certificate of approval.

B. A permit may only be revoked by the Health Commissioner after an opportunity for a hearing has been provided. The Health Commissioner shall notify the permit holder in writing to appear at a hearing, at a date and time set by the Health Commissioner, so that the permit holder may to show cause why the permit should not be revoked.

C. The holder of a food service establishment permit or a temporary food service establishment permit, after its revocation by the Health Commissioner, may appeal in writing to the Board of Public Service, stating reasons why his permit should not have been revoked. The Board shall grant a hearing on his appeal, at a time and date set by the Board of Public Service, so the permit holder show cause why his food service establishment permit should not have been revoked.

D. A person reapplying for a permit after a revocation shall pay a new application fee. (Ord. 63699 (part), 1996.)

11.42.910 Access to establishments.

The Health Officer, after proper identification, shall be permitted to enter, at any reasonable time, any food service establishment for the purpose of making inspections to determine compliance with this chapter. He shall be permitted to examine the records of the establishment to obtain pertinent information pertaining to food and supplies purchased, received, or used, or to persons employed, and to determine the permit fee. (Ord. 63699 (part), 1996.)

11.42.912 Inspection records--Demerit values--Rating score.

A. The Health Commissioner may annually set and establish demerit point values for items of requirement considered in determining the total rating score.

B. Whenever the Health Officer makes an inspection of a food service establishment, he shall record his findings on an inspection report form provided for this purpose, and shall furnish the original of each inspection report form to the permit holder or operator.

C. Such form shall summarize the requirements of this chapter and shall set forth demerit point values as established by the Health Commissioner for each such requirement.

D. Upon completion of an inspection, the Health Officer shall total this demerit point value for all requirements in violation. The rating score of the establishment shall be the total of the demerit point values for all violations, subtracted from 100. (Ord. 63699 (part), 1996.)

11.42.914 Correction of violations.

The inspection report form shall specify a reasonable period of time for the correction of violations found, and violations shall be corrected in accordance with the following provisions:

A. When the rating score of the establishment is eighty-five (85) or more, all violations of one (1), two (2), or three (3) point demerit value shall be corrected as soon as possible, or within the time frame specified by the Health Officer, but in any event, violations shall be corrected by the time of the next routine inspection.

B. When the rating score of the establishment is at least seventy (70) but not more than eighty-four (84), all violations of one (1), two (2), or three (3) point demerit value shall be corrected, as soon as possible, but in any event within a period not to exceed ten days.

C. Regardless of the rating score of the establishment, all violations of four (4) or five (5) point demerit value shall be corrected immediately or at the discretion of the Health Officer, within a period not to exceed forty-eight (48) hours. Failure to correct said violations may result in suspension of the food service establishment permit by the Health Commissioner.

D. When the rating score of the establishment is less than seventy (70), the Health Commissioner shall immediately suspend the permit or immediately degrade to and post Grade C and violations shall be corrected as soon as possible, but in any event, within a period not to exceed ten days. If such violations are not corrected, the Health Commissioner, if he has not already done so, shall immediately suspend the permit.

E. The report of inspection shall state that failure to comply within a time limit for corrections may require that the establishment immediately cease food service operations or be downgraded and that an opportunity for appeal from the inspection findings will be provided if a written request for a hearing is filed with the Health Commissioner within ten days. If a request for a hearing is received, it shall be held within five days of receipt of that request.

F. Whenever an establishment is required under the provisions of this section to cease operations, it shall not resume operations until such time as a reinspection determines that conditions responsible for the requirement to cease operations no longer exist. Opportunity for reinspection shall be offered within a reasonable time.

G. In the case of temporary food service establishments, all violations shall be corrected within twenty-four (24) hours, or the Health Officer shall immediately order cessation of the food service operation. (Ord. 63699 (part), 1996.)

11.42.916 Grading of food service establishments.

A. Every food service establishment shall display, in a place designated by the Health Officer, a placard approved by the Health Commissioner stating the grade of the establishment, except that temporary food service establishments shall not be subject to grading.

B. The grade placard shall be prominently displayed in a conspicuous place at or near the main entrance to the establishment and must not be defaced, hidden from public view or removed, except by the Health Officer.

C. The display of this grade placard may be withheld by the Health Officer during certain temporary periods of permissible continuous operation of a food service establishment by a new owner or operator.

D. Grades of establishments shall be as follows, with the provision that the Health Commissioner may annually set and establish the rating score total, within the criteria hereinafter set forth, for the specified grade. He shall do this by promulgating a written rule or regulation. The grade of any food service establishment which is changed as a result of the rating score total established annually by the Health Commissioner shall be appropriately adjusted.

Grade A. An establishment with a rating score of eighty-five (85) or above.

Grade B. An establishment with a rating score of eighty-four (84) or below, but not less than seventy (70).

Grade C. An establishment having a rating score of sixty-nine (69) or less.

1. Upon inspection of any operating food service establishment, a placard denoting the grade of the establishment based on the above criteria shall be immediately posted; provided, that prior to the posting of a lower than the existing grade by the Health Officer, the food service establishment inspection report form and/or the actual establishment will be reviewed with the person in charge; this review will be for the purpose of affording the operator of the establishment a final opportunity to discuss the inspection findings.

2. If the grade is not lowered immediately as a result of this review, the existing grade placard will be removed and a reinspection of the establishment shall be made within forty-eight (48) hours.

3. At that reinspection the Health Officer may, if inspection findings warrant, lower the grade without further review and, if a violation having a demerit point value of four (4) or five (5) exists, recommend suspension of the food service establishment permit. (Ord. 63699 (part), 1996.)

11.42.918 Examination and condemnation of food.

A. Food may be examined or sample taken for analysis to the laboratory by the Health Officer as often as may be necessary to determine freedom from adulteration or misbranding.

B. The Health Officer may, upon written notice to the owner or person in charge, issue his order placing a hold on any food which he determines or has probable cause to believe to be unwholesome or otherwise adulterated or misbranded. Under such a hold order, food shall be permitted to be suitably stored.

C. It shall be unlawful and a violation of this chapter for any person to disobey or in any manner interfere with an order of the Health Officer placing a hold on food. It shall also be unlawful and a violation of the chapter for any person to remove or alter a hold order, or notice, or tag placed on food by the Health Officer, or to relabel or repack, or reprocess or alter or dispose of any food or the containers thereof upon which an order to hold has been issued by the Health Officer, except by his written consent.

D. Any person aggrieved by an order to hold food may have a hearing before the Health Commissioner if written request is made within ten (10) days from the service of the notice of the order. After a hearing, the Health Commissioner may vacate the hold order. The Health Commissioner may, by written order after a hearing, if requested, or after ten (10) days if no hearing is requested, direct the permit holder or person in charge of the food which was placed under the order to hold to denature or destroy such food or to bring it into compliance with the provisions of this chapter. (Ord. 63699 (part), 1996.)

11.42.920 Food service establishments outside jurisdiction of the Health Commissioner.

Food from food service establishments outside the jurisdiction of the City of St. Louis may be sold within the City of St. Louis if such food service establishments conform to the provisions of this chapter or to substantially equivalent provisions. To determine the extent of compliance with such provisions, the Health Commissioner may accept reports from responsible authorities in other jurisdictions where such food service establishments are located. (Ord. 63699 (part), 1996.)

11.42.922 Food service certificate of approval.

A. The Health Commissioner deems necessary the establishment of minimum standards of knowledge of food service sanitation for management level food service establishment personnel.

B. At least one representative of responsible management, which shall include the owner and/or district manager, of each food service establishment must attend a training period designated by the Health Commissioner and show evidence of satisfactory participation prior to the issuance of a food service certificate of approval.

C. Effective upon the enactment of this chapter the Health Commissioner designates as an acceptable training period a course in applied foodservice sanitation designed by the National Institute for the Foodservice Industry, a course available to food service establishment personnel through facilities at local educational institutions or through home study administered by the Health Division.

D. Evidence of past or future satisfactory completion of this course is hereby established as a prerequisite to the issuance of a food service certificate of approval.

E. A food service certificate of approval must be renewed every five (5) years. Failure to attend refresher training will be cause to withdraw the food service certificate of approval. Consistent violators of this chapter, as determined by the Health Commissioner, shall be required to attend refresher training. Failure to attend refresher training within the limit designated by the Health Commissioner will be cause for suspension and/or revocation of permit. (Ord. 63699 (part), 1996.)

11.42.924 Plan review of future construction.

A. When a food service establishment is hereafter constructed or extensively remodeled, or when an existing structure is converted for use as a food service establishment, properly prepared plans and specifications for such construction, remodeling or alterations, showing layout, arrangement and construction materials of work areas, and the location, size and type of fixed equipment and facilities, shall be submitted to the Health Officer for approval before such work is begun.

B. The Health Officer shall approve such plans only if they comply with the requirements of this chapter, but no such approval shall constitute approval under any other state, county, district or municipal regulation governing the use, construction, or occupancy of property. (Ord. 63699 (part), 1996.)

11.42.926 Procedure when infection is suspected.

When the Health Commissioner has reasonable cause to suspect possibility of disease transmission from any food service establishment employee, the Health Commissioner shall secure a morbidity history of the suspected employee, or make such other investigation as may be indicated, and take appropriate action. The Health Commissioner may require any or all of the following measures:

A. The immediate exclusion of the employee from all food service establishments;

B. The immediate closure of the food service establishment concerned until, in the opinion of the Health Commissioner, no further danger of disease outbreak exists;

C. Restriction of the employee’s services to some area of the establishment where there would be no danger of transmitting disease; and

D. Adequate medical and laboratory examinations of the employee, or other employees, and of his and their body discharges. (Ord. 63699 (part), 1996.)

11.42.928 Appointment of Food Service Advisory Council--Composition--Terms of office of members--Duties.

The Mayor shall appoint a council to be known as the Food Service Advisory Council to advise and consult with the Heath Division on carrying out the administration of this chapter and all amendments thereto, relating to food service establishments. The Council shall consist of the Health Commissioner of the City of St. Louis who shall serve as chairman, the Assistant Health Commissioner in charge of the Bureau of Environmental Health Services, the Administrative Chief of the Food Control Service, the president of the local chapter of the Missouri Restaurant Association, and the following four appointed members:

A. A person recommended by the Health Commissioner who is a representative of consumers familiar with the need for services provided by food service establishments to be chosen from groups other than the groups hereinafter specified.

B. Two persons to be selected from a list of our candidates, each of whom holds or represents the holder of a permit of a food service establishment under this chapter, submitted by the president of the local chapter of the Missouri Restaurant Association of the Health Commissioner for recommendation.

C. One other person recommended by the Health Commissioner who holds or represents the holder of the permit of a food service establishment under this chapter. Each member appointed to the Food Service Advisory Council under Ordinance 56470 approved March 29, 1973, shall continue to serve subject to the following paragraph.

Each current or future appointed member shall hold office for a term of four years or until replaced by someone from the above categories appointed by the Mayor only after recommendation by the original recommending agency or person. Any member appointed to replace a member or fill a vacancy prior to the expiration of the term for which his predecessor was appointed, shall be appointed for the remainder of such term. Within thirty (30) days after the enactment of this chapter or within thirty (30) days after the occurrence of a vacancy or the expiration of a term, the Health Commissioner shall send recommendations to the Mayor for his consideration for appointments to the Food Service Advisory Council. Within thirty (30) days after receipt of any recommendations the Mayor shall appoint individuals to the Food Service Advisory Council. The Food Service Advisory Council shall meet as frequently as the Health Commissioner deems necessary but no less than once each year. Upon request by three or more members, it shall be the duty of the Health Commissioner to call a meeting of the Council, within ten (10) days. (Ord. 63699 (part), 1996.)

11.42.930 Penalties.

Any person, including the responsible officer of any person who is convicted of violating any provisions of this chapter, shall be punished by a fine of not less than $1.00 nor more than $500.00, or by imprisonment for not more than ninety (90) days or by both such fine and imprisonment. The City Counselor, on behalf of the City of St. Louis, may take any other action in law or equity to abate any violations of this chapter. Each day a violation continues shall constitute a separate offense. (Ord. 63699 (part), 1996.)

11.42.932 Enforcement interpretations.

This chapter shall be enforced by the Health Commissioner in accordance with the interpretations thereof contained in the compliance provisions of the Food Code, 1993 Recommendations of the United States Public Health Service, Food and Drug Administration of the U.S. Department of Health and Human Services, and the Food Service Sanitation Manual of the Chicago Department of Health, Food/Dairy Protection Division (revised September 1994). Certified copies shall be on file in the City Register’s office. (Ord. 63699 (part), 1996.)

11.42.934 Fee amounts.

All food service establishment permit fees shall be in the form of a check, money order, or bank check (no cash), payable to the Health Commissioner of the City for deposit with the Treasurer of the City of St. Louis as General Revenue.

A. The initial fee for a permit for a new food service establishment shall be thirty-five dollars ($35).

B. Renewal Fees.

1. Thirty-five dollars ($35) if the total gross sales of the food service establishment for the prior year were one hundred thousand dollars ($100,000) or less.

2. One hundred dollars ($100) if the total gross sales of the food service establishment for the prior year were greater than one hundred thousand dollars and not more than five hundred thousand dollars ($500,000).

3. One hundred fifty dollars ($150) if the total gross sales for the prior year were in excess of five hundred thousand dollars ($500,000). (Ord. 63699 (part), 1996.)

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