Section 11-133 Penalty.
Prior to the adoption of Ord. 16592 on 09/18/2000, Section 11-133 read as follows.
(a) Required; frequency. At least once every six (6) months, the
health authority shall inspect
each food service establishment located in the city or its police jurisdiction, and shall make as
many additional inspections and reinspections as are necessary for the enforcement of this
(b) Access to establishments. The health authority, after proper identification,
permitted to enter at any reasonable time, any food service establishment within the city or its
police jurisdiction, for the purpose of making inspections to determine compliance with this
article. He shall be permitted to obtain pertinent information pertaining to food and supplies
purchased, received or used, and persons employed.
(c) Inspection records, demerit values, demerit scores. Whenever the
health authority 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 such inspection report form to
the permit holder or operator. Such form shall summarize the requirements of sections 11-151,
11-153 through 11-157 and 11-159 and shall set forth demerit point values for each such
requirement, in accordance with PHS Form 4006, which is a part of this section. Upon
completion of an inspection, the health authority shall total the demerit point values for all
requirements in violation, such total becoming the demerit score for the establishment.
(d) Issuance of notices. Whenever the health authority makes an inspection
of a food service
establishment and discovers that any of the requirements of sections 11-151, 11-153 through 11-157 and
11-159 have been violated, he shall notify the 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:
(1) Set forth the specific violations found, together
with the demerit score of the
(2) Establish a specific and reasonable period of time
for the correction of the violations
found, in accordance with the following provisions
a. When the demerit score of
the establishment is twenty (20) or less, all violations of two
(2) or four (4) demerit points must be corrected by the time of the next routine inspection; or
b. When the demerit score of
the establishment is more than twenty (20) but not more than
forty (40), all items of two (2) or four (4) demerit points must be corrected within a period of
time not to exceed thirty (30) days; or
c. When one or more six-demerit-point
items are in violation, regardless of demerit score,
such items must be corrected within a period of time not to exceed ten (10) days; or
d. When the demerit score of
the establishment is more than forty (40), the permit is
immediately suspended; or
e. In the case of temporary food
service establishments, violations must be corrected
within a specified period of time not to exceed twenty-four (24) hours. Failure to comply with
such notice shall result in immediate suspension of the permit.
(3) State that failure to comply with any notice issued
in accordance with the provisions of
this article involving items of two (2) or more demerit points, may result in immediate
suspension of the permit.
(4) State that an opportunity for appeal from any
notice or 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 notice for correction.
(e) Service of notices. Notices provided for under this section shall
be deemed to have been
properly served when the original of the inspection report form or other notice has been delivered
personally to the permit holder or person in charge, or such notice has been sent by registered or
certified mail, return receipt requested, to the last known address of the permit holder. A copy of
such notice shall be filed
with the records of the health authority.
(f) Public notice display. A card, sticker, or other notice shall be
displayed in a conspicuous
place in each food service establishment reading "Approved for food service by City Health
Department, Columbia, Missouri, " or other similar wording.
(g) Commercial food service establishment inspection fees:
(1) Commercial food service establishments with annual
gross receipts of less than
hundred thousand dollars two hundred fifty thousand dollars ($ 500,000.00 250,000.00)
an annual inspection fee of thirty-five one hundred twenty-five dollars ($ 35.00 125.00).
(2) Commercial food service establishments with annual
gross receipts of
five hundred two
hundred fifty thousand dollars ($ 500,000.00 250,000.00) to seven hundred
fifty thousand dollars
($750,000.00) or more shall pay an annual inspection fee of one hundred seventy-five dollars
($ 75.00 175.00).
(3) Commercial food service establishments with annual
gross receipts of more than seven
hundred fifty thousand dollars ($750,000.00) shall pay an annual inspection of three hundred
twenty-five dollars ($325.00).
(4)The annual inspection fee shall be paid to the business license administrator
application for business license or business license renewal is submitted.
45)The annual gross receipts used in determining the
amount of the annual inspection fee
shall be the same as the annual gross receipts submitted by the commercial food service
establishment as part of its business license application.
56)Only one annual inspection fee shall be charged
for each commercial food service
establishment, even if more than one operating permit is issued.
(h) Commercial food service establishment
(1) Commercial food service establishments shall pay
twenty-five one hundred dollar
($ 25.00 100.00) reinspection fee whenever the inspection score exceeds
forty (40) demerits and
the operating permit is suspended; provided, however, that the total amount of inspection and
reinspection fees shall not exceed one hundred dollars ($100.00) per year administrative
fee per inspection when two (2) or more reinspections are required to correct violations noted
during the inspection process.
service fee shall be paid to the business license
administrator when the next application for business license renewal is submitted.
(Code 1964, §§ 10.920--10.970; Ord. No. 11854, § 1, 4-18-88)