Ordinance No. 2006-01-03A

AN ORDINANCE ADOPTING FOOD ESTABLISHMENT CODE RELATING TO PERMIT AND LATE RENEWAL FEES AND EXCEPTIONS

WHEREAS, The Missouri Revised Statute Section 192.300 provides that the county health center board may make and promulgate orders, ordinances, rules or regulations, respectively as will tend to enhance the public health and prevent the entrance of infectious, contagious, communicable or dangerous diseases into such county, but any orders, ordinances, rules or regulations shall not be in conflict with any rules or regulations authorized and made by the Department of Health and Senior Services in accordance with this chapter or by the Department of Social Services under Chapter 198, RSMo.

WHEREAS, Missouri Revised Statutes Chapter 192 Department of Health and Senior Services Section 192.300 authorizes the county health center board to establish and collect fees for services performed by County Officers and employees; and

WHEREAS, Dallas County Health Department recommended the adoption of the 1999 Missouri Food Code, with certain amendments, said Code having no provisions relating to fees and exemptions thereto; and   

WHEREAS, the 1999 Missouri Food Code does not contain a chapter providing

for enforcement and Dallas County Health Department is charged with the duty of protecting the health of the residents of Dallas County through regulation and enforcement of health standards for food establishments in the County; and

WHEREAS, adoption of this section of the Missouri Food Code will benefit the health and welfare of the citizens of Dallas County

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES, DALLAS COUNTY HEALTH DEPARTMENT OF DALLAS COUNTY, MISSOURI AS FOLLOWS:

Section 1. The Board of Trustees hereby adopts Dallas County Food Establishment Code relating to permit and late renewal fees and exemptions with the following provisions:

• Section 9-101.10 Permit Year, Fees and Exemptions.
• (A) The permit year is January 1 through December 31and may be issued for any portion thereof to a new food establishment or one that is reapplying after final suspension or revocation. All existing food establishments holding permits must complete annual renewal, including payment of the yearly permit fee, no later than December 31 of each current permit year. Fees and renewal requests must be post-marked no later than December 31 or a penalty fee of $50.00 will be assessed, in addition to the yearly permit fee. Fees are not pro-rated.
• (B) The fee structure for a permit is as follows:
  • (1) Temporary food establishment: Fifty dollars ($50.00) permit fee
  • (2) Initial fee for a new food establishment: One Hundred dollars ($100.00) permit fee per year
  • (3) Existing food establishment with gross annual sales of food, beverage, grocery and/or vending, based on receipts from September 1 to August 31 of the previous permit year, of One Hundred Thousand dollars ($100,000) or less: One Hundred dollars ($100.00) permit fee per year
  • (4) Existing food establishment with gross annual sales of food, beverage, grocery and/or vending, based on receipts from September 1 to August 31 of the previous permit year, of greater than One Hundred Thousand dollars ($100,000) but not more than Five Hundred Thousand ($500,000): Two Hundred dollars ($200.00) permit fee per year
  • (5) Existing food establishment with gross annual sales of food, beverage, grocery and/or vending, based on receipts from September 1 to August 31 of the previous permit year, of more than Five Hundred Thousand dollars ($500,000): Three Hundred dollars ($300.00) permit fee per year
  • (6) Religious, educational, non-profit, fraternal or civic organizations (excluding social or country clubs): Exempted from the fees authorized by this Code (must submit documentation of tax-exempt status)
• (C) If the application is made for a food establishment permit with gross annual sales of $50,000 or less, the applicant must also sign Missouri Department of Revenue Form 8821, authorizing Dallas County to examine pertinent sales tax records.
• (D) All fees under this section shall be paid to the Department for deposit with the Dallas County Health Department funds. A person re-applying for a permit after a final suspension or revocation shall pay the appropriate renewal fee upon re-application

Section 2. After the promulgation and adoption of such ordinances by Dallas County Health Department Board, the Board shall make and enter a record declaring such ordinances to be printed and available for distribution to the public in the office of the county clerk, and shall require a copy of such order to be published in a newspaper in the county in three successive weeks, not later than thirty days after the entry of such ordinance pursuant to Missouri Revised Statute Chapter 192

Section 3. This ordinance shall be in full force and effect thirty days after publication and public posting pursuant to the Missouri Revised Statute Chapter 192 Department of Health and Senior Services Section 192.300.

Section 4. Any person, firm, corporation or association which violates any of the orders or ordinances adopted, promulgated and published by such county health department board is guilty of a misdemeanor and shall be prosecuted, tried and fined as otherwise provided by law. The Dallas County Health Department Board of Trustees has full power and authority to initiate the prosecution of any action under the section Missouri Revised Statute Chapter 192 Department of Health and Senior Services Section 192.300.