HomeMy WebLinkAboutORDINANCES-2017-141-O-1711/1/2017
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AN ORDINANCE
Amending the Definition of "Food Establishment" in Section 8-6-2 of the
Evanston City Code
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: The definition of "Food Establishment," as defined in Section
8-6-2 of the Evanston City Code of 2012, as amended, is hereby further amended to
read as follows:
FOOD An operation that stores, prepares, packages, serves, vends or
ESTABLISHMENT. 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 potentially hazardous.
2. A produce stand that offers only whole, uncut fresh fruits
and vegetables.
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3. A food processing plant.
4. A kitchen in a private home if only food that is not
potentially hazardous is prepared for sale or service at a
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 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 potentially hazardous foods as part of the
food handling operation at the facility;
2. Potentially hazardous foods that are prepared hot or
cold and held hot or cold for more than twelve (12)
hours before serving;
3. Potentially hazardous cooked and cooled food that must
be reheated;
4. Potentially hazardous 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
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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 4, or pregnant women) comprise the
majority of the consuming population.
(D) Category II Facility: A food establishment that presents a
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 foods are
commercially prepackaged in an approved processing
plant;
2. Only limited preparation of nonpotentially 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.
SECTION 2: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and must be received in evidence as
provided by the Illinois Compiled Statues and the courts of the State of Illinois.
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SECTION 3: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 4: This ordinance must be in full force and effect after its
passage, approval, and publication in the manner provided by law.
SECTION 5: If any provision of this ordinance or application thereof to any
person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
must 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.
Introduced: ti, , 2017
Adopted: � ,�.✓ �'�ti , 201 ,�
Attest:
Devon Reid, City Clerk
Approved:
j fiiwary 9 _ , 2019'
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ephen . Hag rt , or
Approved as to form:
W. Grant Farrar, Corporation Counsel
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