But the restaurant had 350 reservations that night, said DiCapo, a former Kansas City park commissioner. So he called Biery for help. DiCapo recalls asking Biery. I got all these reservations. I give you my word this place will be spotless in four hours.
City law allows restaurateurs to file written requests for hearings to contest inspection findings.
Biery said he scheduled a hearing and let DiCapo remain open because of the circumstances and DiCapo's promise to clean up. Biery, who retired in spring 1998, said he gave such reprieves only four or five times in his 23 years as health director. Biery said he did so only if he thought the restaurateur was earnest about making changes. Health Department records showed Italian Gardens failed its four inspections for violations that included cockroaches, spoiled meat and produce, moldy vegetables, dirty kitchen equipment and counters, mold in an ice machine, unsafe food temperatures, overflowing trash bins, and unsanitized pots and pans. DiCapo, who retired from the restaurant two years ago, blames the building's age, a neighborhood vermin problem and high employee turnover, which worsened after riverboat casinos opened in the area.