HomeMy WebLinkAbout115-O-22 Amending Portions of Title 8, Chapter 6 “Food Service and Retail Food Store Sanitation” of the City Code11/7/2022
115-O-22
AN ORDINANCE
Amending Portions of Title 8, Chapter 6 “Food Service and Retail Food
Store Sanitation” of the City Code
WHEREAS, The State of Illinois amended the Illinois Food Service
Sanitation Rules and Regulations by repealing the Administrative Code, Title 777, Part
750 of the 2008 Illinois Food Sanitation Code to adopt the most current Food and Drug
Administration Code and all subsequent editions and amendments; and
WHEREAS, the City of Evanston finds it necessary to update the
terminology of the City Code to reflect the most current terminology used by the Illinois
Department of Public Health and the Food and Drug Administration; and
WHEREAS, the Evanston City Council also finds it necessary to
update annual food establishment fees, and regulations pertaining to cottage
food and farmer’s markets; and
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: City Code Title 8, Chapter 6 “Food Service and Retail Food
Store Sanitation” of the Evanston City Code of 2012, as amended, is hereby amended
to read as follows:
CHAPTER 6 FOOD SERVICE AND RETAIL FOOD STORE SANITATION
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8-6-1. ADOPTION BY REFERENCE.
(A) Pursuant to the authority granted by 65 ILCS 5/1-3-4 and pursuant to its home rule
powers, the City hereby adopts by reference and incorporates herein the following:
1. The 2008 and all subsequent editions or amendments to the Illinois Department
of Public Health's publication currently titled "Food Service Sanitation Rules And
Regulations," on file with the Secretary of State which sets standards for the prevention
of food borne illnesses in public eating establishments.
The Illinois Department of Public Health’s publication currently titled “Food
Service Sanitation Rules and Regulations,” on file with the Secretary of State and all
subsequent additions or amendments to the publication including the most current FDA
Food Code which sets standards for the prevention of food borne illnesses in public
eating establishments.
2. The 1996 and all subsequent editions or amendments to the Illinois "Retail Food
Store Sanitation Rules And Regulations" on file with the Secretary of State which sets
standards for the prevention of food borne illnesses in retail food stores.
(B) All references in the "Food Service Sanitation Rules And Regulations" and in this
Chapter to any "regulatory authority" shall be read as "public health director and/or
his/her designee." Any reference to "municipality" or "city" shall mean the City of
Evanston.
(Ord. 57-0-99; Ord. No. 8-O-12, (49-O-11(exh. A, § 8-6-1)), 1-23-2012)
8-6-2. DEFINITIONS.
As amendments to the state rules and regulations the following definitions are in
addition to those definitions enumerated in Section 750.10 of the Illinois Department of
Public Health Food Service Sanitation Code
ADULTERATED.The condition of any food:
(A) If it bears or contains any poisonous or deleterious
substance in a quantity which may render it injurious to health.
(B) If it bears or contains any added poisonous or deleterious
substance for which no safe tolerance has been established by
regulation or is in excess of such tolerance if one has been
established.
(C) If it consists in whole or in part of any filthy, putrid, or
decomposed substance or if it is otherwise unfit for human
consumption.
(D) If it has been processed, prepared, packed or held under
unsanitary conditions whereby it may have been contaminated
with filth or whereby it may have been rendered injurious to
health.
(E) If it is in whole or in part the product of a diseased animal
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or animal which has died otherwise than by slaughter.
(F) If its containers are composed in whole or in part of any
poisonous or deleterious substance which may render the
contents injurious to health.
CRITICAL ITEM.A provision of this Chapter, that, if in noncompliance, is more
likely than other violations to contribute to food contamination,
illness, or environmental health hazard.
TIME/TEMPERATUR
E CONTROL FOR
SAFETY (“TCS”).
A food that requires time/temperature control for safety to limit
pathogenic microorganism growth or toxin formation.
CORE ITEM.A violation of the Food Code that usually relates to general
sanitation, operational controls, sanitation standard operating
procedures (SSOPs), facilities or structures, equipment
design, or general maintenance.
DEPARTMENT.Evanston Health and Human Services Department.
FARMERS MARKET.A common facility or area where the primary purpose is for
farmers to gather to sell a variety of fresh fruits and vegetables
and other locally produced farm and food products directly to
consumers.
FOOD
ESTABLISHMENT.
An operation that stores, prepares, packages, serves, vends or
otherwise provides food for human consumption such as a
restaurant; satellite or catered feeding location; catering
operation if the operation provides food directly to a consumer
or to a conveyance used to transport people; market; vending
location; conveyance used to transport people; institution; or
food bank; and that relinquishes possession of food to a
consumer directly, or indirectly through a delivery service such
as home delivery of grocery orders or restaurant takeout
orders, or delivery service that is provided by common carriers.
(A) A food establishment includes:
1. An element of the operation such as a transportation
vehicle or a central preparation facility that supplies a satellite
feeding location; and
2. An operation that is conducted in a mobile, stationary,
temporary, or permanent facility or location; where
consumption is on or off the premises; and regardless of
whether there is a charge for the food.
(B) A food establishment does not include:
1. An establishment that offers only prepackaged foods that
are not TCS potentially hazardous;
2. A produce stand that offers only whole, uncut fresh fruits
and vegetables;
3. A food processing plant;
4. A kitchen in a private home if only food that is not TCS
potentially hazardous is prepared for sale or service at a
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function such as a religious or charitable organization's bake
sale if the consumer is informed by a clearly visible placard at
the sale or service location that the food is prepared in a
kitchen that is not subject to regulation and inspection by the
public health director.
5. An area where food that is prepared in Subsection (B)4 of
this definition is sold or offered for human consumption;
6. A kitchen in a private home, such as a small family
daycare provider; or a bed and breakfast operation that
prepares and offers food to guests if the home is owner
occupied, the number of available guest bedrooms does not
exceed six (6), breakfast is the only meal offered, the number
of guests served does not exceed eighteen (18), and the
consumer is informed by statements contained in published
advertisements, mailed brochures, and placards posted at the
registration area stating the food is prepared in a kitchen that
is not regulated and inspected by the public health inspector;
or
7. A private residential structure not open the public that
receives catered or home delivered food or is leased to more
than one (1) person and contains a communal kitchen used by
the lessees and guests of the lessees.
(C) Category I Facility: A food establishment that presents a
high relative risk of causing food borne outbreaks and/or the
type of population served by the facility. Category I facilities
include those where the following operations occur:
1. Cooling of TCS potentially hazardous foods as part of the
food handling operation at the facility;
2. Potentially hazardous TCS foods that are prepared hot or
cold and held hot or cold for more than twelve (12) hours
before serving;
3. Potentially hazardous TCS cooked and cooled food that
must be reheated;
4. Potentially hazardous TCS foods that are prepared for off
premises service for which time-temperature requirements
during transportation, holding and service are relevant;
5. Complex preparation of food or extensive handling of raw
ingredients with hand contact for ready to eat foods that occurs
as part of the food handling operations at the facility;
6. Vacuum packaging and/or other forms of reduced oxygen
packaging are performed at the retail level; or
7. Where immunocompromised individuals (the elderly,
children under age four (4), or pregnant women) comprise the
majority of the consuming population.
(D) Category II Facility: A food establishment that presents a
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medium relative risk of causing food borne illness based upon
a few food handling operations typically implicated in food
borne illness outbreaks. Category II facilities include those
where the following operations occur:
1. Hot or cold foods are held at required temperatures for no
more than twelve (12) hours and are restricted to same day
service;
2. Food prepared from raw ingredients that requires only
minimal assembly; or
3. Food that requires complex preparation (fresh, canned or
frozen) is obtained from approved food processing plants,
category I food establishments or retail food stores.
(E) Category III Facility: A food establishment that presents a
low relative risk of causing food borne illness based upon few
or no food handling operations typically implicated in food
borne illness outbreaks. Category III facilities include those
where the following operations occur:
1. Only prepackaged foods are available or served in the
facility and any potentially hazardous TCS foods are
commercially prepackaged in an approved processing plant;
2. Only limited preparation of non-TCS potentially hazardous
foods and beverages (snack foods and carbonated beverages)
occurs at the facility; or
3. Only beverages (alcoholic or nonalcoholic) are served at
the facility.
4. A licensed retail tobacco facility requires a Risk 3 license
regardless of TCS or non-TCS, per tobacco ordinance/zoning.
PERSON.An individual, or a firm, partnership, company, corporation,
trustee, association, or public or private entity.
PRIORITY ITEM.A violation of the Food Code whose application contributes
directly to the elimination, prevention or reduction to an
acceptable level, hazards associated with foodborne illness or
injury and there is no other provision that more directly controls
the hazard.
PRIORITY
FOUNDATION ITEM.
A violation of the Food Code, whose application supports,
facilitates or enables one or more Priority Items.
SEASONAL FOOD
ESTABLISHMENT.
A food establishment which operates for no more than six (6)
months out of the calendar year. The menu of a seasonal food
establishment will be limited based on the City of Evanston's
Department of Health review of the establishment and its
operations. All seasonal food establishments must be operated
in compliance with the Evanston retail food service code, and
will be charged according to the fee schedule set out in
Section 8-6-7, "License And Other Fees," of this Chapter.
SQUARE The gross area of the entire food establishment premises,
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FOOTAGE.including the food service, storage and preparation areas.
TEMPORARY FOOD
ESTABLISHMENT.
A food establishment that operates at a fixed location for a
period of time of not more than fourteen (14) consecutive days
in conjunction with a single event or celebration.
(Ord. 31-0-09; Ord. No. 8-O-12, (49-O-11(exh. A, § 8-6-2)), 1-23-2012; Ord. No. 141-O-
17 , § 1, 1-8-2018)
8-6-3. LICENSE REQUIRED; APPLICATION.
(A) It shall be unlawful for any person to operate within the City a "food establishment,"
as defined in this Chapter, without first having obtained a license for that purpose.
(B) Any person desiring to operate a food establishment shall make written application
for such license to the Public Health Director Health and Human Services Director
or designee. The application for such license shall be on forms provided by the
Public Health Director Health and Human Services Director and shall include:
1. The name, signature and address of each applicant; each corporate officer; and
the name, location and type of proposed food establishment.
2. The proposed scope of operations and a description of the premises where such
food operation is to be conducted.
(C) The licensee shall notify the health department in writing of any changes in the
license application information within thirty (30) fifteen (15) days of such change.
(D) A valid license to operate a food establishment shall be posted at all times so as to
be clearly visible to all patrons.
(E) It shall be unlawful to transfer any such license from one person to another.
(F) Each applicant for a food service establishment permit shall provide the Health
Department with evidence of compliance with the State Department of Public
Health Food Handler certification requirements.
(Ord. 57-0-99; Ord. No. 8-O-12, (49-O-11(exh. A, § 8-6-3)), 1-23-2012)
8-6-4. ISSUANCE OF LICENSE.
(A) Prior to issuance of a license, the Public Health Director Health and Human
Services Director or designee shall cause to be made an inspection of the premises
described in such application to determine whether said premises is in compliance
with the requirements of this Chapter.
(B) Prior to issuance of a license, the Director of Community and Economic
Development or designee shall cause an inspection to be made to ascertain that
the premises may be used for the purpose in conformity with the zoning regulations
and other ordinances of the City applicable thereto.
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(C) Prior to issuance of a license, the Fire Chief or designee shall cause an inspection
to be made to ascertain that the premises conforms with the requirements of the
municipal codes and ordinances for fire and life safety.
(D) The Public Health Director Health and Human Services Director or designee may
issue a license to operate a food establishment if the proposed food establishment
complies with the requirements of this Chapter and all other applicable ordinances.
(E) The Public Health Director Health and Human Services Director or designee may
deny a license to operate a food establishment if the proposed food establishment
fails to comply with the requirements of this Chapter and all other applicable
ordinances.
1. The Public Health Director Health and Human Services Director or designee may
deny a license based on:
a. Consistent documented poor performance on routine sanitation inspections;
b. Persistent sanitation complaints and/or illness outbreaks linked to the
establishment; or
c. Violations of other applicable codes that negatively affect the health and welfare
of Evanston residents.
(Ord. 41-0-09)
(Ord. 57-0-99; Ord. 41-0-09; Ord. No. 8-O-12, (49-O-11(exh. A, § 8-6-4)), 1-23-2012)
8-6-5. TRANSFER OF OWNERSHIP.
Whenever ownership of a food establishment is to be transferred from the licensee
named in the license to a new owner who is applying for a license:
(A) The transferee must obtain a new license. The transferee shall notify the Evanston
health department in writing of the transfer and apply for a new license at least
thirty (30) days prior to final transfer.
(B) The transferor shall notify the department in writing at least thirty (30) days prior to
final transfer. The transferor shall remain responsible for the operation of the food
establishment until such time as a license is issued to the transferee.
(C) The transferor and transferee shall remain jointly and severally liable for all
penalties, except monetary fines, assessed against the food establishments which
are imposed for violations occurring prior to transfer of ownership. The transferor
shall remain liable for all monetary penalties imposed on the food establishment
prior to transfer of ownership.
(Ord. 57-0-99; Ord. No. 8-O-12, (49-O-11(exh. A, § 8-6-5)), 1-23-2012)
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8-6-6. TERM OF LICENSES; RENEWAL.
All licenses provided in this Chapter shall expire on December 31 following the date
of issuance. Failure to comply with all the provisions of this Chapter shall constitute
grounds for nonrenewal.
(Ord. 57-0-99; Ord. No. 8-O-12, (49-O-11(exh. A, § 8-6-6)), 1-23-2012)
8-6-7. LICENSE AND OTHER FEES.
(A)License Fees.
1. Category I food establishment:
a. Less than 5,000 square footage $538.00
$617.00 per
year
b. 5,000 square footage or more 1,194.00
$1,740.00 per
year
2. Category II food establishment 418.00
$479.00 per
year
3. Category III food establishment 239.00
$274.00 per
year
4. Homeless shelters 58.00 $66.00
per year
5. Soup kitchens 58.00 $66.00
per year
6. Women's shelter 58.00 $66.00
per year
7. Daycare centers:
a. Category I food establishments 144.00
$165.00 per
year
b. Category II food establishments 104.00
$112.00 per
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year
c. Category III food establishments 58.00 $66.00
per year
8. Temporary food establishments (other than those licensed in
Subsections (A)1 through (A)3 of this Section)
100.00
$111.00 per
event
9. Beverage dispensing vending machines 57.00 $65.00
per machine
10. Concession/snack dispensing vending machines 57.00 $65.00
per machine
11. Food dispensing vending machines 57.00 $65.00
per machine
12. Seasonal food establishments 225.00
$274.00 per
season
13. Farmer’s Market License
(a)Full Farmers Market License $175.00
(b)Eggs only Farmers Market License $75.00
14. All categories of Mobile Vendor
a. Mobile Food Vehicle Vendor $500.00
b. Food Peddlers License (Beach and Parks)$50.00
(Ord. 21-0-08; Ord. 31-0-09)
(B)Other Fees. Plan review per Section 8-6-18 of this Chapter, three hundred fifty
seven dollars ($357.00)
(C)Proration Of Fees. The fee to be paid for any license which shall expire less than
six (6) months from the date such license was required to be issued shall be one-
half (½) the annual fee provided by this Section.
(D)Late Payment Penalty. Failure to pay the annual renewal fee on any business
license within six (6) weeks of license expiration shall result in an additional late
charge of thirty percent (30%).
(E)Reinspection Fees. A one hundred dollars ($100.00 $114.00) reinspection fee shall
be assessed to the licensee of any establishment for each reinspection conducted
by the City Manager or his/her designee to address a violation(s) not corrected on
the first reinspection.
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(F)Increases. All fees will be increased annually based on the Cook County consumer
price index. The fee schedule for each year will be available from the City Manager
or his/her designee on or before December 1 of the year prior to it becoming
effective.
(G)Exempt From License Fees.
1. Licensed long term care facilities;
2. Licensed child residential care homes;
3. Licensed child daycare homes.
(H) All licensed Evanston food establishment participating in Evanston temporary
food events, including the Farmers Market, are exempt from paying the temporary
food and farmers market fees.
(Ord. 21-0-08)
(Ord. 21-0-08; Ord. 31-0-09; Ord. No. 8-O-12, (49-O-11(exh. A, § 8-6-7)), 1-23-2012)
8-6-8. COTTAGE FOOD VENDOR
(A) All cottage food vendors must comply with State and local regulations, submit all
necessary documents and be registered by the Department to operate as a cottage
food vendor. Upon approval of the operation, the vendor will receive a certificate to
operate as a Cottage Food Vendor from the Department. No fees shall be charged to
operate as a Cottage Food Vendor in Evanston.
8-6-9. SALE OF FOOD FROM ESTBALISHMENTS OUTSIDE EVANSTON
(A)Food from food service establishments or commissaries outside the jurisdiction of
the City of Evanston may be sold within the City if such food service establishments
or commissaries conform to all applicable City, State and federal codes, ordinances,
statutes and rules and regulations. The Public Health Manager or designee will
accept reports from responsible authorities in other jurisdictions where such food
service establishments or commissaries are located.
8-6-10. TEMPORARY EVENT/SEASONAL APPLICATION SUBMISSION
(A) A completed application is to be submitted ten (10) business days prior to the event.
(B) If an application is received 48 hours prior to the event, a $30 late fee will be added.
8-6-811. SUSPENSION OF LICENSE.
(A) The City Manager Health and Human Services Director or his/her designee may,
upon written notice, without prior warning, notice, or hearing, suspend any license
to operate a food establishment if the holder of the license does not comply with the
requirements of this Chapter, or if operation of the establishment otherwise
constitutes a substantial hazard to the public health. When a license is suspended,
food service operations shall immediately cease.
(B) Whenever a license to operate a food establishment is suspended, the holder of
the license to operate the food establishment, or the person in charge, shall be
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notified in writing that the license to operate the food establishment is, upon service
of the notice, immediately suspended and that an opportunity for a hearing will be
provided if a written request for a hearing is filed with the City Manager Health and
Human Services Director or his/her designee by the holder of the license within ten
(10) days. If a written request is filed within ten (10) days, an opportunity for a
hearing with the City Manager or his/her designee shall be afforded within twenty
(20) days of receipt of the request. If no written request for a hearing is filed within
ten (10) days, the suspension is sustained. The City Manager or his/her designee
shall end the suspension if the reasons for the suspension no longer exist.
(Ord. 57-0-99; Ord. No. 8-O-12, (49-O-11(exh. A, § 8-6-8)), 1-23-2012)
8-6-912. REVOCATION OF LICENSE.
(A) The City ManagerPublic Health Director or his/her designee may, after providing
opportunity for a hearing, revoke a license for:
1. Serious violations of this Chapter or State of Illinois or federal law; or
2. Repeated violations of this Chapter found in consecutive inspections; or
3. Interference with the City Manager or his/her designee in the performance of
his/her duty to enforce or administer this Chapter.
(B) Before revocation, the City Manager Health and Human Services Director or his/her
designee shall notify the holder of the license to operate the food establishment, or
the person in charge, in writing, of the reasons for which such license is subject to
revocation. The license to operate the food establishment shall be revoked at the
end of the five (5) days following service of such notice unless a written request for
a hearing is filed with the City Manager or his/her designee by the holder of the
license within such five (5) day period. If no request for hearing is filed within the
five (5) day period, the revocation of the license to operate the food establishment
becomes final.
(Ord. 57-0-99; Ord. No. 8-O-12, (49-O-11(exh. A, § 8-6-9)), 1-23-2012)
8-6-1013. SERVICE OF NOTICE.
A notice provided for in this Chapter is properly served when it is delivered to the
holder of the license to operate the food establishment, or when it is delivered to the
person in charge, or when it is sent by registered or certified mail, return receipt
requested, to the last known address of the holder of such license to operate a food
establishment. A copy of the notice shall be filed in the records of the City Manager
Health and Human Services Director or his/her designee.
(Ord. 57-0-99; Ord. No. 8-O-12, (49-O-11(exh. A, § 8-6-10)), 1-23-2012)
8-6-1114. HEARINGS.
As provided in Sections 8-6-8 and 8-6-9 of this Chapter, a hearing shall be
conducted by the City Manager Health and Human Services Director or his/her
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designee affording the licensee an opportunity to appear and defend against the
charges. The City Manager Health and Human Services Director or his/her designee
shall make a final decision in writing, including the reasons for such decision, and shall
serve said decision on the licensee within ten (10) days after conclusion of the hearing.
At all times, it shall be the licensee's burden to show cause why any license should not
be revoked.
(Ord. 57-0-99; Ord. No. 8-O-12, (49-O-11(exh. A, § 8-6-11)), 1-23-2012)
8-6-1215. APPLICATION FOR LICENSE AFTER REVOCATION.
Whenever a revocation of a license to operate a food establishment has become
final, the holder of such revoked license may make written application for a new license
to operate a food establishment as provided in this Chapter.
(Ord. 57-0-99; Ord. No. 8-O-12, (49-O-11(exh. A, § 8-6-12)), 1-23-2012)
8-6-1316. INSPECTION FREQUENCY.
The routine inspection frequency of a food establishment shall be determined by
the category of the food establishment.
(Ord. 57-0-99; Ord. No. 8-O-12, (49-O-11(exh. A, § 8-6-13)), 1-23-2012)
8-6-1417. ACCESS.
(A) The City Manager Health and Human Services Director or his/her designee, after
proper identification, shall be permitted to enter any food establishment at any
reasonable time for the purpose of making inspections to determine compliance
with this Chapter.
(B) The City Manager Health and Human Services Director or his/her designee shall be
permitted to examine records of the establishment, wherever maintained, to obtain
information pertaining to food and supplies purchased, received, or used. Denial of
access as herein provided shall be deemed an interference with the City Manager
or his/her designee in the performance of his/her duties, provided that the City
Manager or his/her designee has presented proper identification, if requested.
(Ord. 57-0-99; Ord. No. 8-O-12, (49-O-11(exh. A, § 8-6-14)), 1-23-2012)
8-6-1518. REPORT OF INSPECTIONS.
Whenever an inspection is made of a food establishment, the findings shall be
recorded in writing on an inspection report form provided for that purpose. The
inspection report shall state the specific violations found and establish a reasonable
time period within which such violations shall be corrected.
(Ord. 57-0-99; Ord. No. 8-O-12, (49-O-11(exh. A, § 8-6-15)), 1-23-2012)
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8-6-1619. CORRECTION OF VIOLATIONS.
(A) Correction of the reported violations shall be accomplished within the period
specified on the inspection report form in accordance with the following provisions:
1. If the City Manager Health and Human Services Director or his/her designee
determines that an imminent health hazard exists including, but not limited to, those as
may be created by an extended loss of water supply, fire, gross insanitary occurrence or
condition, significant lack of refrigeration, an extended power outage, or a sewage
backup into the establishment, the establishment shall immediately cease affected food
establishment operations. Such operations shall not be resumed until authorized by the
City Manager Health and Human Services Director or his/her designee.
2. When critical items violations of priority Items, as defined in this Chapter, are
identified, corrective action shall be taken immediately. All violations of critical
itemspriority items shall be corrected as soon as possible, but in any event, not to
exceed ten (10) days Seventy-two (72) hours following inspection.
3. When violations of priority foundation items, as defined in this Chapter, are
identified, corrective action shall be taken immediately. All violations of priority
foundation items shall be corrected as soon as possible, but in any event, not to exceed
ten (10) calendar days following inspection.Within fifteen (15) days after the inspection,
the licensee shall submit a written report to the City Manager or his/her designee stating
the action taken to correct the critical items and verifying that said violations have been
corrected. Purchase orders of work contracts with a work completion date satisfactory to
the City Manager or his/her designee may be accepted as interim corrective action. A
follow-up inspection shall be conducted to confirm correction.
4. When violations of core items, as defined in this Chapter, are identified,
corrective action shall be taken immediately. All violations of a core items shall be
corrected by a date and time specified by the City Manager Public Health Director or
his/her designee but no later than 90 calendar days after the inspection. All one or two
(2) point weighted items shall be corrected as required on the inspection report.
a. The City Manager Health and Human Services Director or his/her
designee may approve a compliance schedule that extends beyond 90
days if a written schedule of compliance is submitted by the feed
establishment and no health hazard exists or will result from allowing an
extended schedule for compliance.
5. In the case of temporary food establishments, all violations shall be corrected
immediately. If these violations are not corrected, the establishment shall immediately
cease food operations until authorized to resume by the City Manager or his/her
designee.
(B) Failure to comply with Subsections (A)1 through (A)5 of this Section shall result in
suspension of the license to operate the food establishment.
(C) Whenever a food establishment is required under any of the provisions of this
Chapter to suspend operations, it shall not resume operations until the
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establishment passes a reinspection. Opportunity for reinspection shall be offered
within a reasonable time.
(Ord. 57-0-99; Ord. No. 8-O-12, (49-O-11(exh. A, § 8-6-16)), 1-23-2012)
8-6-1720. EXAMINATION AND CONDEMNATION OF FOOD.
Food may be examined or sampled by the City Manager Health and Human
Services Director or his/her designee as often as necessary for enforcement of this
Chapter. The City Manager Health and Human Services Director or his/her designee
may, upon written notice to the owner or person in charge, specifying with particularity
the reasons therefor, place a hold order on any food which he/she believes is
improperly labeled or adulterated or is in violation of any other Section of this Chapter.
The City Manager Health and Human Services Director or his/her designee shall tag,
label, or otherwise identify any food subject to the hold order. No food subject to a hold
order shall be used, served, or moved from the establishment. The City Manager Health
and Human Services Director or his/her designee shall permit storage of the food under
conditions specified in the hold order, unless storage is not possible without risk to the
public health, in which case immediate destruction shall be ordered and accomplished.
The hold order shall state that a request for hearing may be filed per Section 8-6-11 of
this Chapter. On the basis of the evidence produced at that hearing, the hold order may
be vacated, or the owner or person in charge of the food may be directed by written
order to denature or destroy such food or to bring it into compliance with the provisions
of this Chapter.
(Ord. 57-0-99; Ord. No. 8-O-12, (49-O-11(exh. A, § 8-6-17)), 1-23-2012)
8-6-1821. SUBMISSION OF PLANS.
Before construction or major remodeling of a food establishment, and whenever an
existing structure is converted to use as a food establishment, properly prepared plans
and specifications for such construction, major remodeling, or conversion shall be
submitted to the City Manager or his/her designee for review and approval. The plans
and specifications shall be drawn to scale and indicate the proposed layout,
arrangement, mechanical plans, construction materials of work areas, the type and
model of proposed fixed equipment and facilities. The City Manager or his/her designee
shall approve the plans and specifications if they meet the requirements of this Chapter.
No food establishment shall be constructed, extensively remodeled, or converted except
in accordance with plans and specifications approved by the City Manager or his/her
designee.
A fee shall be charged for food establishment plan examination as provided in Section
8-6-7 of this Chapter.
(Ord. 57-0-99; Ord. No. 8-O-12, (49-O-11(exh. A, § 8-6-18)), 1-23-2012)
8-6-1922. PREOPERATIONAL INSPECTION.
Whenever plans and specifications are required by this Chapter, the City Manager
Health and Human Services Director or his/her designee shall inspect the food
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establishment prior to the start of operations to determine compliance with the approved
plans and specifications and with the requirements of this Chapter.
(Ord. 57-0-99; Ord. No. 8-O-12, (49-O-11(exh. A, § 8-6-19)), 1-23-2012)
8-6-2023. PROCEDURE WHEN INFECTION IS SUSPECTED.
When the City Manager Health and Human Services Director or his/her designee
has reasonable cause to suspect possible disease transmission from any food
establishment employee, he/she may secure a morbidity history of the suspected
employee, or make any other necessary investigation and shall take appropriate action.
The City Manager or his/her designee may require any or all of the following measures:
(A) The immediate exclusion of the employee from employment in food establishments;
(B) The immediate closing of the food establishment concerned until, in the opinion of
the City Manager or his/her designee, no further danger of disease outbreak exists;
(C) Restriction of the employee's services to some area of the establishment where
there could be no danger of transmitting disease;
(D) Adequate medical and laboratory examination of the employee, of other
employees, and of the body discharges of all employees.
(Ord. 57-0-99; Ord. No. 8-O-12, (49-O-11(exh. A, § 8-6-20)), 1-23-2012)
8-6-2124. ADDITIONAL REGULATIONS.
(A)Refuse, Litter, And Debris.
1.Disposal Of Refuse, Litter And Debris. Each food establishment shall at least
once in each twenty four (24) hour period, dispose of all paper, cups, plates, napkins,
garbage and all other waste material accumulated upon the premises. Disposal shall be
to a lawful location. It shall also be the duty of the owner, manager, or person in charge
of said establishment to, at all times, keep the premises indoors, the premises outdoors,
and within a two hundred fifty foot (250') radius of all property lines on which said
establishment is located, free from rubbish, litter, and other waste materials and debris
including food, beverages, napkins, straws, containers, bags, utensils, cups, plates,
cans and other waste materials emanating from the establishment, its patrons, or from
the outside waste receptacles used by such food establishment, or from any other
source. Where the above two hundred fifty foot (250') radius encompasses private
property, permission to encroach on said private property shall be obtained from the
property owner.
2.Waste Receptacles And Required Signage For Type 2 Restaurants, As Defined
In This Code. A waste receptacle shall be placed at each pedestrian exit from the
restaurant building and each vehicular exit from the restaurant parking area.
Conspicuous signage complying with the sign ordinance shall be posted within the
building and at each waste receptacle location required above describing the
requirements and penalties of the City ordinance applicable to litter.
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3.Type 2 Restaurant Collection Plan Posted. Each Type 2 restaurant shall have its
litter collection plan posted in conspicuous signage in its employee and public areas.
(Ord. 62-0-03)
(B)Operating Subject To Other Ordinances. Every owner, manager, or person in
charge of a food establishment shall be subject, in the operation of said
establishment, to any and all other applicable ordinances including, but not limited
to, zoning ordinance requirements and other requirements that may be imposed by
the City Council as a condition of special use approval.
(C)Unnecessary Noise. No patron of a food establishment or any other person, shall
make or cause to be made any loud or unnecessary noise or disturbance upon said
premises in violation of Section 9-5-20 of this Code. The licensee of the restaurant
shall be deemed responsible where repeated violations of Section 9-5-20 of this
Code occur on the premises or frequent complaints are made of such violations,
and the licensee has failed to make reasonable efforts to control the noises and
disturbances.
(Ord. 57-0-99)
(Ord. 57-0-99; Ord. 62-0-03; Ord. No. 8-O-12, (49-O-11(exh. A, § 8-6-21)), 1-23-2012)
8-6-2224. PENALTIES AND REMEDIES.
(A) Any person who violates or fails to perform any duty imposed by this Chapter shall
be guilty of an offense punishable by a fine of not less than five hundred dollars
($500.00). A separate offense shall be deemed committed for each day that a
violation continues.
(B) The City Manager or his/her designee may seek to enjoin violations of this Chapter.
(Ord. 57-0-99; Ord. No. 8-O-12, (49-O-11(exh. A, § 8-6-22)), 1-23-2012)
SECTION 2: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3: If any provision of this ordinance or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
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SECTION 4: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
SECTION 5: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
Introduced: _________________, 2022
Adopted: ___________________, 2022
Approved:
__________________________, 2022
_______________________________
Daniel Biss, Mayor
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Approved as to form:
______________________________
Nicholas E. Cummings, Corporation Counsel
November 7
November 14
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November 16