HomeMy WebLinkAboutORDINANCES-2009-031-O-09Effective date: July 1, 2009 4/8/2009
31-0-09
AN ORDINANCE
Amending Chapter 8 of the Evanston City. Code,
i°Food Service and Retail Food Store Sanitation,"
Adding "Seasonal Food Establishments"
WHEREAS, on January 26, 2009, the City of Evanston adopted
Ordinance 5-0-09, "Amending Sections 3-25-1 and 3-25-6 of the Evanston City Code
Permitting Healthy Food Demonstrations in the Farmers' Market to Become a
Permanent Event," allowing Now We're Cookin' healthy food demonstrations- at the
annual Farmers' Market to run for the entire season; and
WHEREAS, university, secondary, and primary level educational facilities
located within the City host various seasonal events including but not limited to
• basketball, volleyball, baseball, lacrosse, soccer, and other athletic matches at which
food and beverages are served; and
WHEREAS, currently, regulation of refreshments served at seasonal
events held within the City occurs only at Northwestern University football games,
thereby leaving a gap in public -health protection; and
WHEREAS, these short term food services cannot be covered as
"temporary events" which are defined by the State of Illinois as operating for fourteen
(14) consecutive days at most; and
WHEREAS, many of these short term food establishments serve
refreshments at seasonal events for months; and
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31-0-09
WHEREAS, it is in the best interests of the Citizens of the City. of
Evanston, as well as patrons of the annual Farmers' Market, athletic matches, and other
seasonal events occurring within the City, for the Environmental Health Division of the
Department of Health & Human Services to inspect and regulate seasonal food
establishments providing food and beverages to the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Section 8-8-2, "Definitions," of the Evanston City Code,
1979, as amended, is further amended to read as follows:
8-8-2: DEFINITIONS:
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 (1998):
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 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.
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CRITICAL ITEM: A provision of this Chapter, that, if in noncompliance, is more likely
�j than other violations to contribute to food contamination, illness, or environmental health
hazard.
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
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 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 B4 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
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the food is prepared in a kitchen that is not regulated and inspected by the Public Health
Inspector; or 0
7. A private home that receives catered or home -delivered food.
(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 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 immuno-compromised 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 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.
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(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.
PERSON: An individual, or a firm, partnership, company, corporation, trustee,
association, or public or private entity.
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 &
Human Services 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 this Chapter in
• Section 8-8-7, "License and Other Fees."
SQUARE FOOTAGE: The gross area of the entire food establishment premises,
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.
SECTION 2: That Section 8-8-7, "License and Other Fees," of the
Evanston City Code, 1979, as amended, is further amended as follows:
8-8-7: LICENSE AND OTHER FEES:
(A) License Fees:
Food Establishment Fee
1. Category I food establishment:
a. Less than 5,000 square footage $ 450.00 per year
b. 5,000 square footage or more $ 1,000.00 per year
2. Category 11 food establishment $ 350.00 per year
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Food Establishment
Fee
200.00
3.
Category III food establishment
$
per year
4.
Homeless shelters
$
50.00 per year
5.
Soup kitchens
$
50.00 per year
6.
Women's shelter
$
50.00 per year
7.
Daycare centers:
a. Category I food establishments
$
125.00 per year
b. Category 11 food establishments
$
90.00 per year
C. Snacks only (not potentially
$
50.00 per year
hazardous)
8.
Temporary food establishments (other than
$
50.00 per event
those licensed in subsections (A)1 through (A)3 of this
Section
9.
Beverage dispensing vending machines
$
50.00 per machine
10.
Confection/snack dispensing vending
$
50.00 per machine
machines
11.
Food dispensing vending machines
$
50.00 per machine
12.
Seasonal food establishments
$
225.00 per season
•
(B) Other Fees: Plan review per Section 8-8-18 of this
Chapter: $300.00
(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
(1/2) 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 fifty dollar ($50.00) reinspection fee shall be assessed to
the licensee of any establishment for each reinspection conducted by the department of
health to address a violation(s) not corrected on the first reinspection.
(F) Increases: All fees will be increased annually based on the Cook County
consumer price index.
(G) Exempt From License Fees:
1. Licensed long term care facilities;
2. Licensed child residential care homes;
3. Licensed child daycare homes.
31-0-09
• SECTION 3: That the foregoing recitals are found as fact and made
a part hereof.
SECTION 4: That all ordinances or parts of ordinances in conflict herewith
are hereby repealed.
SECTION 5: That if any provision of this Ordinance 31-0-09 or
application thereof to any person or circumstance is held unconstitutional or otherwise
invalid, such invalidity shall not affect other provisions or applications of this
Ordinance 31-0-09 that can be given effect without the invalid application or provision,
and each invalid application of this Ordinance is severable.
SECTION 6: That this Ordinance 31-0-09 shall be in full force and effect
from and after its passage, approval, and publication in the manner provided by law.
Introduced: '--ip_, 2009 Approved:
i , 2009'$'i.' , 2009
Adopted: . U
J
Eliza eth B. Tisdahl, Mayor
Attest:
Mayre Press;eputy City Clerk
•
Approved o form:
'ke B. Turz - , nterim
First Assistant Corporation Counsel
-7-
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To: Alderman Holmes, Chair of Human Services Committee
Human Services Committee Members
From: Evonda Thomas, Director, Health and Human Services
Date: April 21, 2009
Re: Proposed Seasonal Food Establishment Ordinance 31-0-09
tBACIGRI)TJND`.:...
The Health and Human Services Department has identified a gap in the Food Protection
Program for the City of Evanston. Currently, Environmental Health Practitioners regulate
Temporary Food Establishments (in operation for 14 consecutive days or less) and permanent
establishments. This department has identified establishments that operate for six months or
less such as food demonstrations at the Farmers Market and many Northwestern Athletic •
Events. These establishments do not meet the definition of a temporary or permanent
establishment.
IMPACT
The impact of not regulating events that serves food to the public can be quit harmful to our
citizens. We are charged with protecting citizen exposure when consuming food at events
hosted in Evanston. Routine monitoring of important diseases by public health officials is
called disease surveillance. Each state decides which diseases are to be under surveillance in
that state. In most states, diagnosed cases of salmonellosis, (E. coli) and other serious
infections are routinely reported to the Health and Human Services department. Tens of
thousands of cases of these "notifiable conditions" are reported every year. For example,
nearly 35,000 cases of Salmonella infection were reported to CDC in years past. Salmonella
is also a bacterium that is widespread in the intestines of birds, reptiles and mammals. It can
spread to humans via a variety of different foods of animal origin. The illness it causes,
salmonellosis, typically includes fever, diarrhea and abdominal cramps. In persons with poor
underlying health or weakened immune systems, it can invade the bloodstream and cause life -
threatening infections.
The most commonly recognized foodborne infections are those caused by the bacteria
Camnvlobacter, Salmonella, and E. coli 0157:H7. and by a group of viruses called •
calicivirus, also known as the Norwalk -like viruses. Campvlobacter is a bacterial
pathogen that causes fever, diarrhea, and abdominal cramps. It is the most commonly
identified bacterial cause of diarrheal illness in the world. These bacteria live in the
intestines of healthy birds, and most raw poultry meat has Campvlobacter on it. Eating
undercooked chicken or other food that has been contaminated with juices dripping from
raw chicken is the most frequent source of this infection.
Ak10.
N1pATI0. NSf '
Most foodborne infections go undiagnosed and unreported, either because the ill person
does not see a doctor, or the doctor does not make a specific diagnosis. Also, infections
with some microbes are not reportable in the first place. The newly proposed Seasonal
Food Establishment Ordinance provides a definition and fee structure ($225.00) for these
establishments. We seek further direction and discussion from the Human Services
Committee.
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