City of Republic, MO
Greene County
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Table of Contents
Table of Contents
[Ord. No. 11-24 §1, 9-26-2011]
As used in this Chapter, the following terms shall have these prescribed meanings:
CODE
The current version of the Missouri Food Code as adopted by the Springfield-Greene County Health Department.
DIRECTOR OF HEALTH
The Director of the Springfield-Greene County Health Department or the Director's designee.
EMBARGO
To prohibit the shipment, sale or movement of food or food products.
FOOD ESTABLISHMENT
Includes restaurants, cafes, or other businesses selling processed food for consumption on or off the premises and food processing and food manufacturing plants whether temporary or not.
PERMIT
The document issued by the regulatory authority that authorizes a person to operate a food establishment.
PERMIT HOLDER
The entity that:
1. 
Is legally responsible for the operation of the food establishment such as the owner, the owner's agent, or other person; and
2. 
Possesses a valid permit to operate a food establishment.
REGULATORY AUTHORITY
The Springfield-Greene County Health Department is the authorized enforcement body having jurisdiction over the food establishment.
TEMPORARY FOOD ESTABLISHMENT
A food establishment that may be transient in nature or which operates for a short period of time or which operates sporadically.
[Ord. No. 11-24 §1, 9-26-2011]
A. 
The City desires to assist in assuring public health and safety with regard to food inspections within the City.
B. 
The Springfield-Greene County Health Department currently is the agency charged with enforcement of the Code in Greene County. Enforcement is in accordance with the current version of the Missouri Food Code as adopted by the Springfield-Greene County Health Department. A copy of Code is kept on file at Director of Health's office and at the office of the City Clerk of the City of Republic and is incorporated herein as if fully set out.
C. 
Health inspectors authorized by the Springfield-Greene County Health Department to conduct inspections of food establishments in Greene County may bring an enforcement action in the Republic Municipal Court for a violation by issuing a summons in a form prescribed by the City of Republic and subject to review and filing by the municipal prosecuting attorney.
[Ord. No. 11-24 §1, 9-26-2011; Ord. No. 13-12 §1, 3-11-2013]
A. 
No person shall operate a food establishment in the City of Republic who does not possess a permit from the Springfield-Greene County Health Department, nor shall any person operate a food establishment after the suspension or revocation of such permit. The 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 shall be required to secure a permit for the operation of a temporary food establishment. Vending machine locations are not required to obtain a permit, but may be inspected as often as deemed necessary by the regulatory authority.
B. 
Upon the violation by the permit holder of any of the terms of this Chapter, any permit issued under this Chapter may be temporarily suspended by the regulatory authority, or revoked after an opportunity for a hearing by the regulatory authority upon serious or repeated violations.
C. 
Operation of a food establishment under a City business license is conditioned on the food establishment having a valid permit from the Springfield-Greene County Health Department. Upon notification of a suspension, revocation or denial of a permit by the Springfield-Greene County Health Department, the City Clerk may proceed pursuant to City Code Section 605.070 regarding notice and hearing for the denial, revocation or suspension of a City business license.
D. 
A temporary food establishment operating at a special event is required to obtain a health permit.
E. 
It is unlawful to operate a food establishment without a permit issued by the Springfield-Greene County Health Department or during a time in which a permit has been suspended or revoked.
F. 
In order to provide adequate funding for the permitting and inspection services, the City hereby establishes a fee schedule in substantially the same form and amounts as set forth in the annual fee study adopted by the City of Springfield as General Ordinance No. 6027, as may be amended from time to time, subject to any amendments deemed necessary and proper for the particular circumstances related to inspections within the City. The City may also choose to adopt an independent fee schedule.
G. 
The permit fee provisions shall not apply to school cafeterias, religious or fraternal organizations, or civic organizations.
H. 
All permits shall be for one (1) year, beginning on January first (1st) and ending December thirty-first (31st), with the exception of temporary food establishment permits and mobile food permits or unless otherwise provided for by ordinance and shall be renewed thereafter annually only by payment of the proper fee to the regulatory authority. New businesses or discontinued businesses making timely application for a permit after the beginning of a current permit year shall pay a pro-rated monthly rate to the regulatory authority, which includes the month of application, for the remainder of the permit year. Permit renewals must be completed within forty-five (45) days of becoming due or the food establishment will be closed until the renewal is completed.
I. 
The City and the regulatory authority providing the services described in this Chapter shall enter into an agreement setting forth the procedure for processing and payment of the fees authorized in this Chapter and establishing how the fees shall be distributed based upon the services provided by the City and the services provided by the regulatory authority.
J. 
The fees as established pursuant to Subsection (F) above shall be effective upon the filing of a certified copy of the City of Springfield fee ordinance with the City Clerk of the City of Republic.
The certified ordinance placed on file with the City Clerk is hereby incorporated in this Section as if fully set out herein and shall be maintained on file with the City Clerk and shall be available to the public. The City of Republic may amend the fee schedule established in Subsection (F) as deemed appropriate by adoption of an independent fee ordinance.
K. 
Fees for the year 2013 shall be pro-rated based upon the effective date of this Section as to any person or entity required to obtain a permit that was operating within the City of Republic as of the date of passage of this Section. Future annual fees shall be established pursuant to the fee study described in Subsection (F) that is generally effective July first (1st) of each year.
[1]
Editor's Note — The current applicable fee schedule can be found on file in the city offices.
[Ord. No. 11-24 §1, 9-26-2011]
Upon receipt of proof of reinstatement of a permit by the Springfield-Greene County Health Department, the food establishment may apply for a City business license and the procedure for issuance or denial of a City business license shall be followed.
[Ord. No. 11-24 §1, 9-26-2011]
Samples of food, drink and other substances may be taken at food establishments and examined by the regulatory authority as often as may be necessary for the detection of unwholesomeness or adulteration. The Director of Health may enter an order to embargo, condemn and forbid the sale of, or cause to be removed or destroyed, any food or drink which is unwholesome, adulterated or misbranded.
[Ord. No. 11-24 §1, 9-26-2011]
The Director of Health shall enter an order to close any food establishment when such place shall, in the judgment of the Director of Health, constitute a public health hazard or jeopardizes public health by reason of food that is unsafe, adulterated or not honestly presented.
[Ord. No. 11-24 §1, 9-26-2011]
Rules and regulations governing the operation of food processing and food, manufacturing plants shall be in accordance with the Statutes, regulations and administrative guidelines of the State of Missouri pertaining to the manufacturing, sale and distribution of food.
[Ord. No. 11-24 §1, 9-26-2011]
The Director of Health may enter an order to embargo food or drink which is suspected of being unwholesome, adulterated or misbranded until such time as appropriate analysis, tests or examinations can be conducted.
[Ord. No. 11-24 §1, 9-26-2011]
It shall be unlawful to violate any provision of the code, any order issued on behalf of the Springfield-Greene County Health Department to enforce the code or this Chapter or any provision of this Chapter. A violation is subject to the penalty provisions of Code Section 100.220.