City of Berkeley, MO
St. Louis County
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Table of Contents
Table of Contents

Section 240.010 Definitions.

[CC 1961 §13.01; Ord. No. 1039, 12-2-1957]
For the purpose of this Chapter certain terms and words are hereby defined and shall apply in the interpretation and enforcement of this Chapter:
EMPLOYEE
Any person who handles food or drink during preparation or serving, or who comes in contact with any eating or cooking utensils, or who is employed in a room in which food or drink is prepared or served.
ITINERANT RESTAURANT
A restaurant operating for a temporary period in connection with a fair, carnival, circus, public exhibition, or other similar gathering.
RESTAURANT
A restaurant, coffee shop, cafeteria, short order cafe, luncheonette, tavern, sandwich stand, soda fountain, food vending cart, and all other eating or drinking establishments, as well as kitchens or other places in which food or drink is prepared for sale elsewhere.
UTENSILS
Any kitchenware, tableware, glassware, cutlery, utensils, containers, or other equipment with which food or drink comes in contact during storage, preparation, or serving.

Section 240.020 Permits.

[CC 1961 §13.02; Ord. No. 1039, 12-2-1957; Ord. No. 1764 §1, 2-16-1970]
A. 
It shall be unlawful for any person to operate a restaurant in the City of Berkeley who does not possess an unrevoked permit from the Health Inspector. Such permit shall be posted in a conspicuous place. Only persons who comply with the requirements of this Chapter shall be entitled to receive and retain such a permit. A person conducting an itinerant restaurant shall also be required to secure a permit. Upon compliance with the requirements of this Chapter, the Health Inspector shall issue a permit upon application to the Health Department and upon payment of an annual fee of ten dollars ($10.00) for a restaurant and an annual fee of twenty dollars ($20.00) for an itinerant restaurant. The said fee shall be paid to the Berkeley Health Inspector, who shall remit same to the Director of Finance.
B. 
Charitable, benevolent and religious associations and fraternal and non-profit corporations operating a restaurant or itinerant restaurant are exempted from payment of any fees but must in every other respect comply fully with this Chapter.
C. 
Such a permit may be temporarily suspended by the Health Inspector upon the violation by the holder of any of the terms of this Chapter, or revoked after an opportunity for a hearing by the Health Inspector upon serious or repeated violation.

Section 240.030 Placarding or Public Display of Grade Notice.

[CC 1961 §13.03; Ord. No. 1039, 12-2-1957]
Every restaurant shall display at all times in a place designated by the Health Inspector, a notice approved by the Health Inspector stating the grade of the establishment.

Section 240.040 Examination and Condemnation of Unwholesome or Adulterated Food or Drink.

[CC 1961 §13.04; Ord. No. 1039, 12-2-1957]
Samples of food, drink, and other substances may be taken and examined by the Health Inspector as often as may be necessary for the detection of unwholesomeness or adulteration. The Health Inspector may condemn and forbid the sale of, or cause to be removed or destroyed, any food or drink which is unwholesome or adulterated.

Section 240.050 Inspection of Restaurants.

[CC 1961 §13.05; Ord. No. 1039, 12-2-1957]
A. 
At least once every three (3) months the Health Inspector shall inspect every restaurant located within the City. In case the Health Inspector discovers the violation of any item of sanitation required for the grade then held, he/she shall make a second (2nd) inspection after the lapse of such time as he/she deems necessary for the defect to be remedied, and the second (2nd) inspection shall be used in determining compliance with the grade requirements of this Chapter. Any violation of the same item of this Chapter on such second (2nd) inspection shall call for immediate degrading or suspension of permit.
B. 
One (1) copy of the inspection report shall be posted by the Health Inspector upon an inside wall of the restaurant, and said inspection report shall not be defaced or removed by any person except the Health Inspector. Another copy of the inspection report shall be filed with the records of the Health Department.
C. 
The person operating the restaurant shall, upon request of the Health Inspector, permit access to all parts of the establishment and shall permit copying of any or all records of food purchased.

Section 240.060 Grades of Restaurants Which May Operate.

[CC 1961 §13.06]
A. 
From and after December, 1957, no restaurant shall be operated within the City of Berkeley, unless it conforms with the Grade A or Grade B, or approved itinerant restaurant requirements of this Chapter, provided that when any restaurant fails to qualify for any of these grades the Health Inspector is authorized to suspend the permit or in lieu thereof to degrade the restaurant to Grade C and permit its operation at this grade during a temporary period not exceeding thirty (30) days.
B. 
Any restaurant, the grade of which has been lowered and all grade displays have been changed accordingly, may at any time make application for regrading.
C. 
Within one (1) week after the receipt of a satisfactory application, accompanied by a statement signed by the applicant to the effect that the violated provision or provisions of this Chapter have been conformed with, the Health Inspector shall make a reinspection, and thereafter as many additional reinspections as he/she may deem necessary to assure himself/herself that the applicant is again complying with the higher grade requirements, and, in case the findings indicate compliance, shall award the higher grade.

Section 240.070 The Grading of Restaurants.

[CC 1961 §13.07; Ord. No. 1039, 12-2-1957; Ord. No. 3238 §1, 3-1-1993]
A. 
The grading of all restaurants shall be based upon the following standards of Subsections (B) and (C) of this Section.
B. 
Sanitation Requirements For Grade A Restaurants. All Grade A restaurants shall comply with all of the following items of sanitation:
1. 
Floors. The floors of all rooms in which food or drink is stored, prepared, or served, or in which utensils are washed, shall be of such construction as to be easily cleaned, shall be smooth, and shall be kept clean and in good repair.
2. 
Walls and ceilings. Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of rooms in which food or drink is stored or prepared shall be finished in light color. The walls of all rooms in which food or drink is prepared or utensils are washed shall have a smooth, washable surface up to the level reached by splash or spray.
3. 
Doors and windows. When flies are prevalent, all openings into the outer air shall be effectively screened and doors shall be self-closing, unless other effective means are provided to prevent the entrance of flies.
4. 
Lighting. All rooms in which food or drink is stored or prepared, or in which utensils are washed, shall be well lighted.
5. 
Ventilation. All rooms in which food or drink is stored, prepared, or served, or in which utensils are washed, shall be well ventilated.
6. 
Toilet facilities. Every restaurant shall be provided with adequate and conveniently located toilet facilities for its employees, conforming with the ordinances of St. Louis County. In restaurants hereafter constructed, toilet rooms shall not open directly into any room in which food, drink, or utensils are handled or stored. The doors of all toilet rooms shall be self-closing. Toilet rooms shall be kept in a clean condition, in good repair, and well lighted and ventilated. Hand-washing signs shall be posted in each toilet room used by employees.
7. 
Water supply. Running water under pressure shall be easily accessible to all rooms in which food is prepared or utensils are washed, and the water supply shall be adequate, and of a safe, sanitary quality.
8. 
Lavatory facilities. Adequate and convenient hand-washing facilities shall be provided, including hot and cold running water, soap, and approved sanitary towels. The use of a common towel is prohibited. No employee shall resume work after using the toilet room without first washing his/her hands with soap and water.
9. 
Construction of utensils and equipment. All multi-use utensils and all show and display cases or windows, counters, shelves, tables, refrigerating equipment, sinks, and other equipment or utensils used in connection with the operation of a restaurant shall be so constructed as to be easily cleaned and shall be kept in good repair. Utensils containing or plated with cadmium or lead shall not be used; provided, that solder containing lead may be used for jointing.
10. 
Cleaning and bactericidal treatment of utensils and equipment. All equipment, including display cases or windows, counters, shelves, tables, refrigerators, stoves, hoods and sinks, shall be kept clean and free from dust, dirt, insects, and other contaminating material. All cloths used by waiters, chefs, and other employees shall be clean. Single-service containers shall be used only once. All multi-use eating and drinking utensils shall be thoroughly cleaned and effectively subjected to an approved bactericidal process after each usage. All multi-use utensils used in the preparation or serving of food and drink shall be thoroughly cleaned and effectively subjected to an approved bactericidal process immediately following the day's operation. Drying cloths, if used, shall be clean and shall be used for no other purpose. No article, polish, or other substance containing any cyanide preparation or other poisonous material shall be used for the cleansing or polishing of utensils.
11. 
Storage and handling of utensils and equipment. After bactericidal treatment, utensils shall be stored in a clean, dry place protected from flies, dust, and other contamination, and shall be handled in such a manner as to prevent contamination as far as practicable. Single-service utensils shall be purchased only in sanitary containers, shall be stored therein in a clean, dry place until used, and shall be handled in a sanitary manner.
12. 
Disposal of wastes. All wastes shall be properly disposed of, and all garbage and trash shall be kept in suitable receptacles, in such manner as not to become a nuisance.
13. 
Refrigeration. All readily perishable food and drink shall be kept at or below fifty degrees Fahrenheit (50°F) except when being prepared or served. Waste water from refrigeration equipment shall be properly disposed of.
14. 
Wholesomeness of food and drink. All food and drink shall be clean, wholesome, free from spoilage, and so prepared as to be safe for human consumption. All milk, fluid milk products, ice cream, and other frozen desserts served shall be from approved sources. Milk and fluid milk products shall be served in the individual original containers in which they were received from the distributor or from a bulk container equipped with an approved dispensing device; provided, that this requirement shall not apply to cream, which may be served from the original bottle or from a dispenser approved for such service. All oysters, clams and mussels shall be from approved sources, and if shucked shall be kept until used in the containers in which they were placed at the shucking plant.
15. 
Storage, display, and serving of food and drink. All food and drink shall be so stored, displayed, and served as to be protected from dust, flies, vermin, depredation and pollution by rodents, unnecessary handling, droplet infection, overhead leakage and other contamination. No animals or fowl shall be kept or allowed in any room in which food or drink is prepared or stored. All means necessary for the elimination of flies, roaches, and rodents shall be used.
16. 
Cleanliness of employees. All employees shall wear clean outer garments and shall keep their hands clean at all times while engaged in handling food, drink, utensils, or equipment. Employees shall not expectorate or use tobacco in any form in rooms in which food is prepared or when serving the food to the customers. When handling food, employees shall wear plastic gloves at all times, and shall not use the plastic gloves that handle food for any other purpose, such as handling money, etc.
17. 
Miscellaneous. The premises of all restaurants shall be kept clean and free of litter or rubbish. None of the operations connected with a restaurant shall be conducted in any room used as living or sleeping quarters. Adequate lockers or dressing rooms shall be provided for employees' clothing and shall be kept clean. Soiled linens, coats, and aprons shall be kept in containers provided for this purpose.
C. 
Grade B Restaurants. Grade B restaurants are those which fail to comply with Subparagraphs (1), (2), (4), (5), or (17), but which conform with all other items of sanitation required for Grade A restaurants.
D. 
Grade C Restaurants. Grade C restaurants are those which fail to comply with either the Grade A or the Grade B requirements.
E. 
Itinerant Restaurants. Itinerant restaurants shall be constructed and operated in an approved manner.

Section 240.080 Disease Control.

[CC 1961 §13.08; Ord. No. 1039, 12-2-1957]
A. 
No person who is affected with any disease in a communicable form or is a carrier of such disease shall work in any restaurant, and no restaurant shall employ any such person or any person suspected of being affected with any disease in a communicable form or of being a carrier of such disease. If the restaurant manager suspects that any employee has contracted any disease in a communicable form or has become a carrier of such disease he/she shall notify the Health Inspector immediately. A placard containing this Section shall be posted in all toilet rooms.
B. 
All restaurant employees shall have an annual chest x-ray and all new employees shall have a pre-employment x-ray prior to beginning work, which shall have been made within the last twelve (12) months.

Section 240.090 Procedure When Infection Suspected.

[CC 1961 §13.09; Ord. No. 1039, 12-2-1957]
A. 
When suspicion arises as to the possibility of transmission of infection from any restaurant employee, the Health Inspector is authorized to require any or all of the following measures:
1. 
The immediate exclusion of the employee from all restaurants.
2. 
The immediate closing of the restaurant concerned until no further danger of disease outbreak exists, in the opinion of the Health Inspector.
3. 
Adequate medical examinations of the employee and of his/her associates, with such laboratory examinations as may be indicated.

Section 240.100 Enforcement Interpretation.

[CC 1961 §13.10; Ord. No. 1039, 12-2-1957]
This Chapter shall be enforced by the Health Inspector in accordance with the interpretations thereof contained in the U.S. Public Health Service Code Regulating Eating and Drinking Establishments, most recent edition, a copy of which shall be kept on file at the City Clerk's office.