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Chapter 34 - Restaurants and Other Food-Service Establishments
- § 34-1. Authority.
- § 34-2. Enforcement interpretation.
- § 34-3. Temporary food service and retail food establishments.
- § 34-4. Permits.
- § 34-5. Inspections.
- § 34-6. Examination and condemnation of food.
- § 34-7. Food-service establishments outside jurisdictions of the health authority.
- § 34-8. Plan review of future construction.
- § 34-9. Procedure when infection is suspected.
- §§ 34-10 to 34-20. Reserved.
Chapter 34 - Restaurants and Other Food-Service Establishments
Sec. 34-1. Authority.
Health authority shall mean the Phelps/Maries County Health Department and the City of Rolla Building Codes Administrator or his/her designee. (Ord. 3724, §1; Ord. 4223, §1)
Sec. 34-2. Enforcement Interpretation
The issuance, suspension, and revocation of operating permits and other available enforcement remedies shall be conducted in accordance with the provisions of this Chapter. Food service and retail food establishments shall comply with sanitation requirements set forth in the 1999 Missouri Food Code. Inspections to determine compliance with the food code will be conducted by the health authority. The 1999 Missouri Food Code including any future updates, amendments or revisions stipulated by the Missouri Department of Health and Senior Services is incorporated herein as if fully set out herein. (Ord. 3724, §1)
Sec. 34-3. Temporary food service and retail food establishments.
As a general rule, temporary food service or retail food establishments must comply with all provisions of this Chapter applicable to their operation. The health authority may impose additional requirements, such as prohibiting the sale of certain potentially hazardous foods, when deemed necessary to protect the public health or prevent illness. The health authority may also relax or modify specific requirements for these physical facilities when in his/her opinion no imminent health hazard will result. (Ord. 3724, §1)
Sec. 34-4. Permits.
(a) Required. It shall be unlawful to operate a food service or retail food establishment within the city, or its police jurisdiction, without a valid operating permit issued by the health authority and a city of Rolla business license. Only those who comply with the requirements of this Chapter and pay a required fee shall be entitled to receive and retain such a permit. A valid operating permit and a copy of the most recent health inspection shall be conspicuously posted in every food service and retail food establishment.
(b) Issuance. Each year, all persons, corporations, or other entities desiring to operate or continue operating a food service or retail food establishment within the city or its police jurisdiction shall make written application to the health authority for an operating permit and pay a required fee. Application forms are provided by the health authority and must be filled out completely and bear the signature of the applicant or applicants. For permit renewals, a previous year’s tax statement indicating annual gross food sales must be included. An application for a temporary food service or retail food establishment shall also include the dates of the proposed operation.
For new establishments, upon receipt of an application the health authority shall conduct an inspection of the proposed food service or retail food establishment to determine compliance with the provisions of this Chapter. When the health authority determines that the establishment meets applicable requirements of this Chapter, an operating permit will be issued to the applicant.
Operating permits are valid from July 1 through June 30 of the following year or from the date of issuance through June 30 of the current permit year. Operating permits for temporary food service establishments will be issued for a period not to exceed fourteen days. Permits are non-transferable.
(c) Suspension. Permits may be temporarily suspended or revoked by the health authority for failure of the holder to comply with the requirements of this Chapter. Notwithstanding other provisions of this Chapter, whenever the health authority finds unsanitary or other conditions in the operation of a food service or retail food establishment which, in their judgment, constitute a substantial hazard to the public health, they may without warning, notice or hearing, issue a written notice to the permit holder or operator citing such condition, specifying the corrective action to be taken, and specifying the time period within which such action shall be taken.
If deemed necessary, such order shall state that the establishment’s operating permit is immediately suspended or revoked, and all food service or retail food operations are to be immediately discontinued. Any person issued such an order shall comply immediately therewith, but upon written petition to the health authority, shall be afforded a hearing as soon as possible.
(d) Reinstatement. A person who has their operating permit suspended or revoked may, at any time, make application for a re-inspection of their establishment for the purpose of reinstatement of the operating permit. Within ten days following receipt of a written request, including a statement signed by the applicant that in his/her opinion the conditions causing suspension or revocation of the permit have been corrected, the health authority shall make a re-inspection. If the applicant is in compliance with the requirements of this Chapter, the operating permit shall be reinstated.
(e) Revocation. In cases of serious or repeated violations of the requirements of this Chapter, or interference with the health authority in the performance of their duties, an operating permit may be permanently revoked. Prior to such action, the health authority shall notify the permit holder in writing, specifying the reasons the operating permit is subject to revocation and advising them the permit will be permanently revoked five days following service of the notice unless a request for hearing is filed with the health authority, by the permit holder within the five day period. A permit may be suspended for cause pending its revocation or a hearing relative thereto.
(f) Hearings. The Rolla City Council shall conduct hearings provided for in this Section at a time and place designated by the council. Based upon the record of such hearing, the council shall make a finding and shall sustain, modify or rescind any official notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the operating permit holder by the health authority. (Ord. 3724, §1)
Sec. 34-5. Inspections.
(a) Generally. At least once during the calendar year, the health authority shall inspect each food service and retail food establishment located in the city, or its police jurisdiction, and shall make as many additional inspections and re-inspections as are necessary to ensure compliance with this Chapter.
(b) Access to establishments. The health authority, after proper identification, shall be permitted to enter, at any reasonable time, any food service or retail food establishment within the city, or its police jurisdiction, for the purpose of making inspections to determine compliance with this Chapter. They shall be permitted to examine all records of the establishment relevant to daily operations including food and supplies purchased, received or used, and persons employed.
(c) Issuance of notice. When the health authority conducts an inspection of a food service or retail food establishment and discovers requirements of Section 34-1 through 34-9 of this Chapter have been violated, they shall notify the operating permit holder or operator of such violations by means of an inspection report form or other written notice. In such notification, the health authority shall:
- Specify the specific violations identified during the inspection.
- Establish a specific and reasonable compliance schedule for correction of the identified violations.
- Indicate in writing that failure to comply with the provisions of this Chapter or any notice issued pursuant to this Chapter may result in immediate suspension of the operating permit.
- Indicate in writing that an opportunity for an appeal of any notice of inspection findings will be provided if a written request for a hearing is filed with the health authority within the period of time established in the inspection report.
(d) Service of notices. Notices provided for in this Section shall be deemed properly served when the original or copy of the notice has been delivered personally to the permit holder or person in charge, or has been sent by registered or certified mail, return receipt requested, to the last known address of the permit holder. A copy of the notice shall be filed with the records of the health authority. (Ord. 3724, §1)
Sec. 34-6. Examination and condemnation of food.
Food may be examined or sampled by the health authority as often as deemed necessary to determine its condition. The health authority may, upon written notice to the owner or person in charge order the immediate denaturing and disposal of any food they determine to be, or have probable cause to believe is adulterated, misbranded or otherwise unwholesome. They may also place said products under a hold order pending further investigation or laboratory testing. Under a hold order, food shall be permitted to be suitably stored but not served, sold or provided to the public with or without charge. It shall also be unlawful for any person to remove or alter a hold order notice or tag placed on food by the health authority, and neither such food nor the containers thereof shall be relabeled, repacked, reprocessed, altered, transported, disposed of, or destroyed without permission of the health authority except by order of a court of competent jurisdiction. After the owner or person in charge has had a hearing as provided for in paragraph (f) of Section 34-4 and on the basis of evidence produced at such hearing, or on the basis of their examination in the event a written request for a hearing is not received within ten days, the health authority may vacate the hold order, or may by written order direct the owner or person in charge of the food which was placed under the hold order to denature or destroy such food or to bring it into compliance with the provisions of this Chapter; provided, that such order of the health authority to denature or destroy such food or bring it into compliance with the provisions of this Chapter shall be stayed if the order is appealed to a court of competent jurisdiction within three days. (Ord. 3724, §1)
Sec. 34-7. Food service or retail food establishments outside jurisdictions of the health authority.
Food from food service and retail food establishments outside the jurisdiction of the health authority of the city may be sold within the city if such food service and retail food establishment conform to the provisions of this Chapter or to substantially equivalent provisions. To determine the extent of compliance with such provisions, the health authority may accept reports from responsible authorities in other jurisdictions where such food service or retail food establishments are located. (Ord. 3724, §1)
Sec. 34-8. Plan review of future construction.
When a food service or retail food establishment is hereafter constructed or extensively remodeled, or when an existing structure is converted for use as a food service or retail food establishment, properly prepared plans and specifications for such construction, remodeling or alternation, 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 authority for approval before such work is begun. (Ord. 3724, §1)
Sec. 34-9. Procedure when infection is suspected.
When the health authority has reasonable cause to suspect possibility of disease transmission from any food service establishment employee, the health authority shall secure a morbidity history of the suspected employee, or make such other investigation as may be indicated, and take appropriate action. The health authority 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 establishments concerned until, in the opinion of the health authority, 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) Appropriate medical and laboratory examinations of the employee in question, of other employees, and of their bodily discharges. (Ord. 3724, §1)