St. Louis City Revised Code Chapter 11.51 Frozen Desserts Part II
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PART II. PERMITS
It shall be unlawful for any person who does not possess a frozen dessert permit from the Health Officer of the City to bring into, send into, or receive into the City or its police jurisdiction, for sale, or to sell, or offer for sale therein or to have in his possession where mix or frozen desserts are sold or served any mix or frozen dessert; provided that grocery stores, restaurants, soda fountains and similar establishments where frozen dessert mix or frozen desserts are served or sold at retail, but not processed, may at the discretion of the Health Officer be exempt from the requirements of this section; provided, further, that any frozen dessert processor which possesses a valid food service establishment permit issued by the Health Commissioner and who possesses frozen desserts for sale only at the same location where freezing takes place, may likewise at the discretion of the Health Officer be exempt from the requirements of this section.
(Ord. 59273 § 1, 1984: Ord. 57505 § 3, 1978.)
A. Every frozen desserts plant, frozen desserts processor, and frozen desserts distributor shall secure an annual permit. Only a person who complies with the requirements of this chapter shall be entitled to receive and retain such a permit. Permits shall not be transferable with respect to persons and/or locations, and shall expire at the end of each calendar year.
B. An annual permit fee shall accompany each application for frozen desserts permit. All collected fees shall be deposited with the Treasurer of the City as general revenue to help defray the cost of enforcement of this chapter. The annual permit fee will be refunded if the frozen desserts permit applied for is denied. The annual permit fee will be:
1. $3,000 for a frozen desserts processor or distributor or plant pasteurizing or freezing over 2,000,000 gallons of frozen desserts mix per year;
2. $2,000 for a frozen desserts processor or distributor or plant pasteurizing or freezing between 1,000,001 and 2,000,000 gallons of frozen desserts mix per year;
3. $1,750 for a frozen desserts processor or distributor or plant pasteurizing or freezing between 500,001 and 1,000,000 gallons of frozen desserts mix per year;
4. $1,500 for a frozen desserts processor or distributor or plant pasteurizing or freezing between 50,001 and 500,000 gallons of frozen desserts mix per year; and
5. $750 for a frozen desserts processor or distributor or plant pasteurizing or freezing 50,000 gallons or less of frozen desserts mix per year.
C. In addition an annual permit fee of $300 will apply to each frozen desserts processor or distributor or plant not under the routine inspection of the health authority whose frozen desserts are distributed in the city under the provisions of Section 11.51.640.
(Ord. 57505 § 4, 1978.)
11.51.230 Suspension and revocation.
A. A permit may be temporarily suspended by the Health Officer: (1)(a) upon violation by the holder of any requirements of Sections 11.51.280 through 11.51.350; or (1)(b) upon violation of the holder of any requirements of Sections 11.51.360 through 11.51.590 after an opportunity for a hearing has been provided; or (2) when an imminent health hazard is found to exist; or (3) for interference with the Health Officer in the performance of his duties.
B. Upon serious or repeated violations or termination of business or reasonable cause, a frozen desserts permit may be revoked by the Health Officer. Prior to permit revocation, the Health Officer shall notify the permit holder in writing to appear at a hearing, at a date and time set by the Health Officer, so the permit holder may attempt to show cause why said permit should not be revoked.
The holder of a frozen desserts permit, after its revocation by the Health Officer, may appeal in writing to the Board of Public Service, stating reasons why his permit should not have been revoked. The board may grant a hearing on his appeal, at a time and date set by the Board of Public Service, so the permit holder may show cause why his frozen desserts permit should not have been revoked.
(Ord. 59273 § 2, 1984: Ord. 57505 § 5, 1978.)
Hearings provided for in this section shall be conducted by the Health Authority or the Board of Public Service at a time and place designated within 5 days of a notice of intent to revoke the permit. The Health Authority or Board of Public Service may sustain, modify, or rescind any previous action based upon the record of information obtained during such hearing.
(Ord. 57505 § 6, 1978.)
A. Any frozen desserts plant, processor, or distributor whose permit has been suspended or revoked may make application at any time for the reinstatement of his permit.
B. The application shall contain a statement that the violation(s) or the conditions believed to have been responsible for the violation(s), specified with particularity, have been corrected.
C. After proper investigation reveals that the violation(s) and/or condition(s) have been satisfactorily corrected, the Health Officer shall reinstate the suspended permit or revoked permit.
(Ord. 59273 § 3, 1984: Ord. 57505 § 7, 1978.)
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