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MISSOURI STATUTES AND CODES

205.769. Health inspection of eating establishments--license--fee--exceptions to license requirement--operating without a license, penalty (St. Charles County).

Health inspection of eating establishments--license--fee--exceptionsto license requirement--operating without a license, penalty(St. Charles County).

205.769. 1. Any first class county not having a charter form ofgovernment and adjacent to a county of the first class having a charter formof government which does not contain a city with a population of three hundredthousand or more, and adjacent to not more than one county of the secondclass, may make health inspections of premises on or from which food isprepared, served, or sold to members of the general public for consumption byhumans; except this act shall not apply to hospitals licensed under chapter197, RSMo, or to nursing homes licensed under chapter 198, RSMo. Any countywhich makes inspections as authorized by this section shall also have thepower and authority to issue licenses and to charge reasonable fees for suchinspections, which fees shall not exceed the amount necessary to fund andimplement an inspection program established pursuant to this section.

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

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

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

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

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

(L. 1986 H.B. 1196 ยง 1)

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