Section 205.769

Title XII PUBLIC HEALTH AND WELFARE

Chapter 205

Effective - 28 Aug 1986   

  205.769.  Health inspection of eating establishments — license — fee — exceptions to license requirement — operating without a license, penalty (St. Charles County). — 1.  Any first class county not having a charter form of government and adjacent to a county of the first class having a charter form of government which does not contain a city with a population of three hundred thousand or more, and adjacent to not more than one county of the second class, may make health inspections of premises on or from which food is prepared, served, or sold to members of the general public for consumption by humans; except this act shall not apply to hospitals licensed under chapter 197 or to nursing homes licensed under chapter 198.  Any county which makes inspections as authorized by this section shall also have the power and authority to issue licenses and to charge reasonable fees for such inspections, which fees shall not exceed the amount necessary to fund and implement an inspection program established pursuant to this section.

  2.  Such inspections shall be performed at least annually according to procedures established by the Missouri department of health and senior services and shall be performed in the most cost efficient manner.  Inspections shall be performed by qualified employees of the county, or by contracting such services on a fee basis, at the discretion of the county commission.  Any person making such inspections must meet the Missouri department of health and senior services qualifications.

  3.  No establishment described in subsection 1 of this section shall be issued a county license until it has passed inspection.  Any such establishment which has been licensed and subsequently fails an inspection shall be given ten days to correct its deficiencies and if such establishment fails to correct its deficiencies, it shall be subject to license suspension and suspension of operations.  If the establishment operates without the license, the owner is guilty of a class B misdemeanor.  The license shall remain suspended until the deficiencies are corrected.

  4.  New establishments must submit plans for their operation to the county health department before construction proceeds and licenses are sought.  Establishments already doing business in the county shall not be subject to this subsection.

  5.  All religious, educational, nonprofit, fraternal or civic organizations shall be exempt from the fees authorized by the provisions of subsection 1 of this section.

  6.  From and after August 13, 1986, health inspections of the establishments described in subsection 1 of this section shall be performed only by the county and the state.  Municipalities may provide for such health inspections only in those counties which do not provide for a health inspection throughout the county.

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(L. 1986 H.B. 1196 § 1)