[Ord. No. 7261, 1-23-2020]
Chapters 1 through 8 of the Food Code 2017, as published by the U.S. Public Health Service and the Food and Drug Administration, both divisions of the U.S. Department of Health and Human Services, and as amended, is hereby referred to, adopted and made a part hereof, as if fully set out in this Article, as amended under Section 230.215, with the additions, insertions, deletions and changes prescribed in this Article, except for the penalty provisions thereof.
[Ord. No. 7261, 1-23-2020]
A.
The Code adopted in Section 230.210 is hereby amended to read as follows:
1.
Section 1-101.10. These
provisions shall be known as the "City of St. Peters Food Code," hereinafter
referred to as "the Code" throughout this Article.
2.
CERTIFICATE OF TRAINING
COMMISSARY
COMMON INTERCEPTOR
DEPARTMENT
DIRECTOR
FATS, OILS, AND GREASES
FOOD ESTABLISHMENTS
GREASE TRAP OR INTERCEPTOR
HEALTH OFFICER
HEALTH SUPERVISOR
LICENSE (used interchangeably with "PERMIT")
LICENSE HOLDER (used interchangeably with "PERMIT HOLDER")
MOBILE FOOD UNIT
REGULATORY AUTHORITY
REVOCATION
SERVICE PROVIDER
SUSPENSION
USER
Section 1-201.10(B), sub verbo
(s.v.) These Terms Defined shall be added and/or
amended to read as follows:
The document issued by an accredited program, which certifies
that the holder has successfully completed a food protection manager
certification program.
A food establishment that services temporary food facilities,
mobile food facilities or vending machines where all of the following
occur:
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(1)
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Food, containers, or supplies are
stored;
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(2)
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Food is prepared or prepackaged for
sale or service at other locations;
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(3)
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Utensils are cleaned;
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(4)
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Liquid and solid wastes are disposed,
or potable water is obtained; and
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(5)
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The location is not a private home.
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One (1) or more interceptors receiving FOG-laden wastewater
from more than one (1) establishment. Common interceptors may be located
at shopping centers, malls, entertainment complexes, sporting arenas,
hotels, multitenant flex spaces, mixed-use spaces, and other sites
where multiple establishments are connected to a single grease interceptor.
The owner of the property on which the common grease interceptor is
located shall be primarily responsible for the maintenance, upkeep,
and repair of the common interceptor.
The City of St. Peters Health Department.
The Health Supervisor, his/her designee, or such other person
or persons as may be designated by the City Administrator from time
to time.
Organic polar compounds derived from animal and/or plant
sources that contain multiple carbon chain triglyceride molecules.
These substances are detectable and measurable using analytical test
procedures established in 40 CFR 136, as may be amended from time
to time. All are sometimes referred to herein as "grease" or "greases"
or "FOG."
Wherever the term "Food Establishments" appears, it shall
be deemed to also mean "Food Service Establishments."
A device for separating waterborne greases and grease complexes
from wastewater and retaining such greases and grease complexes prior
to the wastewater exiting the trap and entering the sanitary sewer
collection and treatment system. Grease traps also serve to collect
solids that settle, generated by and from activities that subject
users to this Section, prior to the water exiting the trap and entering
the sanitary sewer collection and treatment system. Grease traps and
interceptors are sometimes referred to herein as "grease interceptors."
The person/persons designated by the City of St. Peters as
Food and Health Inspector(s) who have jurisdiction over food establishments.
These employees report directly to the Health Supervisor.
The person designated by the City of St. Peters as an authorized
representative of said City, having jurisdiction over food establishments
within said City, and to whom the Health Officers report.
The document issued by the regulatory authority that authorizes
a person to operate a food establishment. Wherever the term "license"
appears, it shall be deemed to also mean "permit."
The entity that:
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(1)
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Is legally responsible for the operation
of the food establishment such as the owner, the owner’s agent,
or other person; and
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(2)
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Possesses a valid permit to operate
a food establishment.
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Wherever the term "license holder"
appears, it shall be deemed to also mean "permit holder."
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A vehicle-mounted food service establishment designed to
be readily movable. Each vehicle is a separate food establishment.
The City of St. Peters Health Department or Health Supervisor,
City Clerk, or any other authorized representative of the City of
St. Peters having jurisdiction over the food establishment, including,
but not limited to, City of St. Peters Health Officers.
The removal or cancellation of, or the refusal to renew,
a permit.
Any third party not in the employment of the user that performs
maintenance, repair, and other services on a user's grease interceptor
at the user's directive. An approved service provider includes those
that are licensed by St. Charles County and permitted by the St. Louis
Metropolitan Sewer District as a septage management firm, certified
hauler or service provider.
The temporary and immediate removal of a permit to operate
a food establishment.
Any person, including those located outside of jurisdictional
limits of the City who contributes, causes, or permits the contribution
or discharge of wastewater into the POTW, including persons who contribute
such wastewater from mobile sources, such as those who discharge hauled
wastewater. Users include property owners who provide common interceptors
for one (1) or more independent establishments, including tenants.
3.
Section 3-301.11(E): delete in its entirety.
4.
Section 5-402.12 Fats, Oils
and Grease Control.
A.
Scope And Purpose. The objective of this Section is to aid in preventing the introduction and accumulation of fats, oils, and greases into the municipal wastewater system, which will or tend to cause or contribute to sanitary sewer blockages and obstructions. Food service establishments generating wastewater containing fats, oils or greases are subject to this Section. This Section regulates such users by requiring that grease interceptors and other approved strategies be installed, implemented, and maintained in accordance with the provisions thereof, as adopted in Section 710.210 of the City Code.
B.
Grease Interceptor Installation,
Maintenance, Recordkeeping and Grease Removal.
1.
Grease interceptors shall be installed
and maintained at the user's expense, when a user operates a food
service establishment. Grease interceptors may be required in non-cooking
or cold dairy and frozen foodstuffs establishments, when the establishment
generates wastewater containing fat or grease and the Director determines
an interceptor is necessary to prevent contribution or accumulation
of grease to the sanitary sewer collection and treatment system.
a.
All grease interceptors
shall be of a type, design, and capacity approved by the Director
and shall be readily and easily accessible for maintenance and repair,
including cleaning and for City inspection.
b.
All grease interceptors
shall be serviced and emptied, by a service provider, of any accumulated
grease cap and solids blanket as required, but at intervals of not
longer than ninety (90) days at the user's expense, or in accordance
with a valid program modification or other director's requirements.
Grease interceptors shall be kept free of inorganic solid materials,
such as grit, rocks, gravel, sand, eating utensils, cigarettes, shells,
towels, rags, etc., which could settle into this solids blanket and
thereby reduce the effective volume of the grease interceptor.
c.
At an interval of one (1) time per year, unless a variance is approved by the Director, food establishments with grease traps shall have the service provider inspect and complete a report specifying the condition of the grease trap, functionality and any repairs that may be required to maintain functionality as specified in Section 710.210 of the City Code. Photographic documentation of the internal structures of the interceptor may be required. The annual report, with photos, shall be made available for inspection by the Health Officer.
e.
The Director may make
determinations of grease interceptor adequacy, need, design, appropriateness,
application, location, modification(s), and conditional usage based
on review of all relevant information regarding grease interceptor
performance, facility site and building plan review by all regulatory
reviewing agencies and may require repairs to, or modification or
replacement of, grease interceptors.
2.
The user shall maintain a written
record of grease interceptor maintenance for three (3) years. All
such records shall be available for inspection by the Health Officer
at reasonable times. These records shall include:
a.
Food establishment name
and physical location;
b.
Date of grease interceptor
service;
c.
Name of grease interceptor
service company;
d.
Location and size of
each grease interceptor serviced at the food establishment;
e.
Approximated volume,
in pounds, of waste removed from each grease interceptor;
f.
Date and signature of
the person in charge of the food establishment; and
g.
Any other pertinent information
as required by the Director.
C.
Variances. A user may request a variance to the requirements of this Section. Such request for a variance shall be in writing and shall provide the information set forth below. Any variance must be submitted to the Director in written form, and approved by the Manager, as described in Section 710.210 of City Code, prior to implementation by the user or the user's service provider.
1.
Grease Interceptor Pumping
Frequency. The Director may modify the ninety-day grease interceptor
pump-out frequency when the user provides data, and performance criteria
relative to the overall effectiveness of a proposed alternate and
such can be substantiated by the Director. Proposed alternatives may
include grease interceptor pumping or maintenance matters, bioremediation
as a complement to grease interceptor maintenance, grease interceptor
selection and sizing criteria, and specialized ware washing procedures.
2.
Grease Interceptor Maintenance
And Service Procedures. The Director may modify the method(s)
or procedure(s) utilized to service a grease interceptor when the
user provides data and performance criteria related to the overall
effectiveness of a proposed alternate method or procedure and such
can be substantiated by the Director.
D.
Fees. Users shall pay an annual fee
of one hundred fifty dollars ($150.00) for program administration,
inspection and recordkeeping.
E.
Inspections. The user's premises
shall be open at all reasonable times to the Director or designee,
for the performance of inspections of grease interceptor maintenance
practices within the customer's premises.
F.
Violations. Non-compliance with this
Section will result in a violation of a priority item or priority
foundation item. The correction time frame will be determined by the
regulatory authority, but shall not exceed ten (10) days.
5.
Section 8-201.11: delete
in its entirety.
6.
Section 8-201.12: delete
in its entirety.
7.
Section 8-301.11.1 Prerequisite
for Operation.
A.
No person shall operate a food service
establishment who does not have a current and valid food service establishment
business license issued to him/her by the City Clerk.
B.
Only a person who complies with the
requirements of this Article shall be entitled to receive or retain
such a license.
C.
Commissary/Mobile.
1.
Mobile food units and/or pushcarts
shall operate from a commissary or other fixed food service establishment
and shall report at least daily to such location for all supplies
and for all cleaning and servicing operations.
2.
The commissary or other fixed food
service establishment used as a base of operation for mobile food
units and/or pushcarts shall be constructed and operated in compliance
with the requirements of this Article.
D.
Food from food service establishments
outside the jurisdiction of the health authority of the municipality
of St. Peters may be sold within the municipality of St. Peters 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 regulatory authority
may accept reports from responsible authorities in other jurisdictions
where such food service establishments are located.
8.
Section 8-302.11 Submission
of Application Before Proposed Opening and Renewal of License.
9.
Section 8-302.12 Form Of Submission.
Any person desiring to operate a
food service establishment shall make written application for a license
on forms provided by the City Clerk's office.
10.
Section 8-302.14 Contents Of
The Application.
The application shall include, but
not be limited to, the following:
11.
Section 8-303.10: delete
in its entirety.
12.
Section 8-303.20: Existing
Establishments, Permit Renewal, and Change of Ownership.
A.
The regulatory authority may renew
a permit for an existing food establishment or may issue a permit
to a new owner of an existing food establishment after a properly
completed application is submitted, reviewed, and approved, the fees
are paid, and an inspection shows that the establishment is in compliance
with this Code.
C.
License fees.
1.
The initial fee for a license for
a temporary food service establishment shall be seventy-five dollars
($75.00) and an additional annual license fee of twenty dollars ($20.00)
for each mechanical or electronic amusement device situated in the
establishment.
2.
The initial fee for a license for
a new food service establishment shall be one hundred dollars ($100.00)
and an additional annual license fee of twenty dollars ($20.00) for
each mechanical or electronic amusement device situated in the establishment.
3.
The annual fee for the renewal of
a license shall be determined by the following formula:
a.
One hundred dollars ($100.00)
if the seating capacity is zero (0) to forty-nine (49) persons. In
addition an annual license fee of twenty dollars ($20.00) shall be
charged for each mechanical or electronic amusement device situated
in the establishment.
b.
One hundred seventy-five
dollars ($175.00) if the seating capacity is fifty (50) to one hundred
(100) persons. In addition, an annual license fee of twenty dollars
($20.00) shall be charged for each mechanical or electronic amusement
device situated in the establishment.
c.
Two hundred fifty dollars
($250.00) if the seating capacity is one hundred one (101) or more
persons. In addition, an annual license fee of twenty dollars ($20.00)
shall be charged for each mechanical or electronic amusement device
situated in the establishment.
4.
A person reapplying for a license
after a final suspension or revocation shall pay the minimum fee upon
reapplication.
13.
Section 8-304.10 Responsibilities
of the Regulatory Authority.
A.
At the time a permit is first issued,
the regulatory authority shall make available an electronic version
of this Code in PDF format to the permit holder so that the permit
holder is notified of the compliance requirements and the conditions
of retention, as specified under 8-304.11, that are applicable to
the permit.
14.
Section 8-304.11 Responsibilities
of the Permit Holder.
(A) through (J): No changes.
(K) Post or display most recent inspection
form (first page with inspection score) in a location that can easily
be viewed by customers as they enter the food establishment or in
highly visible location near food counters where orders are placed
by the consumer.
15.
Section 8-403.10 Documenting
Information and Observations.
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(A) to (B): No changes.
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(C) Whenever an inspection of a food
service establishment is made, the findings shall be recorded on the
inspection report. The inspection report form shall summarize the
requirements of this Article and shall set forth a weighted point
value for each requirement. Inspectional remarks shall be written
to reference, by Section number, the Section violated and shall state
the correction to be made. The rating score of the establishment shall
be the total of the weighted point values for all violations, subtracted
from one hundred (100).
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1.
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Priority and priority foundation
items marked in violation on the inspection form shall be assigned
a five-point demerit score.
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2.
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Core items marked in violation on
the inspection form shall be assigned a two-point demerit score.
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(D) Rating stickers "A," "B" and
"C" shall be affixed at a designated public entrance by the regulatory
authority.
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1.
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If the rating score is eighty-five
(85) or above, an "A" sticker shall be applied;
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2.
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If the score is seventy (70) to eighty-four
(84), a "B" sticker shall be applied;
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3.
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If the rating is sixty-nine (69)
and below, a "C" sticker shall be applied.
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16.
Section 8-403.20 Specifying
Time Frame for Corrections.
A.
The regulatory authority shall specify
on the inspection report form the time frame for correction of the
violations as specified under 8-404.11, 8-405.11, and 8-406.11.
B.
The inspection report shall state
that failure to comply with any time limits for corrections may result
in cessation of food service operations. An opportunity for hearing
on the inspection findings or the time limitations or both will be
provided if a written request is filed with the regulatory authority
within ten (10) days following cessation of operations. If a request
for hearing is received, a hearing shall be held within thirty (30)
days of receipt of the request.
C.
Whenever a food service establishment
is required under the provisions of Subsection (B) above, Correction
Of Violations, to cease operations, it shall not resume operations
until it is shown on reinspection that conditions responsible for
the order to cease operations no longer exist. Opportunity for reinspection
shall be offered within a reasonable time.
D.
Reinspection fees shall be assessed
as follows:
1.
Priority foundation item or priority
item violation, reinspection: sixty dollars ($60.00).
2.
Each additional priority foundation
item or priority item violation, same calendar year: one hundred ten
dollars ($110.00).
3.
Grade B, full reinspection: two hundred
twenty-five dollars ($225.00).
4.
Grade C, full reinspection: three
hundred twenty-five dollars ($325.00).
17.
Section 8-403.50.1 Notice to
Public of Inspections.
A.
Every food establishment shall display,
without obstruction in a conspicuous location designated by the City
of St. Peters Health Department, notice stickers that inform the public
that the establishment is subject to inspection by the City of St.
Peters Health Department. Such notice stickers shall be displayed
at every public entrance and at every drive-up and/or walk-up window
of every food establishment.
B.
A representative of the City of St.
Peters Health Department is the only authorized individual to place
or remove notice stickers.
