196.866. Manufacturer's license required, exceptions--application, fees, investigation--expires when--license withheld or revoked, notice, hearing--judicial review.

MISSOURI STATUTES AND CODES

196.866. Manufacturer's license required, exceptions--application, fees, investigation--expires when--license withheld or revoked, notice, hearing--judicial review.

Manufacturer's license required, exceptions--application, fees,investigation--expires when--license withheld or revoked, notice,hearing--judicial review.

196.866. 1. Every person, firm, association or corporation, beforeengaging in the business of manufacturing or freezing ice cream, mellorine,frozen dessert products or any other product defined in sections 196.851 to196.895, shall first obtain a license from the director of the department ofhealth and senior services of the state of Missouri. A license shall beobtained for each plant or place of business where ice cream, ice cream mix,ice milk, sherbet, frozen malt, ice milk mix, mellorine, edible fat frozendessert or ices are manufactured or frozen. Hotels, motels, restaurants,boardinghouses, or other concerns or agents which shall manufacture or freezeice cream, or related frozen food products defined in sections 196.851 to196.895 for the use of their patrons, guests, or servants, shall be requiredto take out the license herein provided for; provided, that nothing in thissection shall apply to private homes, hospitals, churches, or fraternalorganizations manufacturing such products for their own use or to retailersdealing in ice cream or frozen dessert products received in the final frozenform from a licensed manufacturer.

2. Applications for such licenses, both frozen dessert and mellorine,shall be accompanied by a statutory fee as follows: For each plant producingannually not in excess of five thousand gallons, ten dollars; in excess offive thousand gallons and not in excess of fifteen thousand gallons, fifteendollars; in excess of fifteen thousand gallons and not in excess oftwenty-five thousand gallons, twenty-five dollars; in excess of twenty-fivethousand gallons and not in excess of fifty thousand gallons, fifty dollars;in excess of fifty thousand gallons and not in excess of one hundred thousandgallons, seventy-five dollars; in excess of one hundred thousand gallons andnot in excess of two hundred thousand gallons, one hundred dollars; in excessof two hundred thousand gallons and not in excess of four hundred thousandgallons, one hundred twenty-five dollars; over four hundred thousand gallons,one hundred fifty dollars, and shall be made to the director of the departmentof health and senior services, upon such forms and shall show such informationas may be demanded by the department of health and senior services, and thesaid director of the department of health and senior services, upon receipt ofapplication for such license, shall cause to be investigated the equipment andthe sanitary conditions of the plant or place of business for which thelicense is applied. If the condition of the plant or place of business isfound to be satisfactory, a license shall be issued by the director of thedepartment of health and senior services to such applicant.

3. Each license so issued shall expire one year following the date ofissuance. All licenses for plants or places of business, when the manufactureof ice cream, ice cream mix, ice milk, sherbets, or ices is continued afterthe expiration of such licenses, shall be renewed annually.

4. The director of the department of health and senior services maywithhold and refuse to issue a license for any plant or place of business thathas not been conducted or is not prepared to be conducted in accordance withthe requirements of sections 196.851 to 196.895 or any rules issued hereunder. The director of the department of health and senior services shall have thepower to revoke any license issued under sections 196.851 to 196.895 wheneverit is determined by him that any of the provisions of sections 196.851 to196.895 have been violated. Any person, firm, association or corporation,whose license has been so revoked, shall discontinue operation of the businessfor which the license was issued until such time as the provisions of sections196.851 to 196.895 have been complied with and a new license granted by thedirector of the department of health and senior services. Before revoking anysuch license, the director of the department of health and senior servicesshall give written notice to the licensee affected, stating that hecontemplates revocation of the same and giving his reasons therefor. Saidnotice shall appoint a time and place for hearing and shall be mailed byregistered mail to the licensee at least ten days before the date set for thehearing or personal service rendered. The licensee may present to thedirector of the department of health and senior services such evidence as mayhave a bearing on the case, and, after hearing of the testimony, the directorof the department of health and senior services shall decide the question insuch manner as to him appears just and right.

5. Any licensee who feels aggrieved at the decision of the director ofthe department of health and senior services may appeal from said decisionwithin sixty days by writ of certiorari to the circuit court of the county inwhich such person resides or in case of a firm, association or corporation,the county in which is located its principal place of business.

6. All fees collected under this section shall be deposited in the statetreasury, subject to appropriation by the general assembly.