HomeMy WebLinkAboutORDINANCES-1999-057-O-9910/06/99, 6/25/99, 5/26/99, 4/29/99
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• AN ORDINANCE
Amending Various Chapters and
Sections of the Evanston City Code
Pertaining to the Regulation of Food
Service and Retail Food Store Sanitation
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF.,
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Chapter 7 of Title 8 of the Evanston City Code, 1979, as
amended, is hereby further amended by deleting said chapter in its entirety.
SECTION 2: That Chapter 8 of Title 8 of the Evanston City Code, 1979, as
amended, is hereby further amended by deleting said Chapter in its entirety and
substituting in lieu thereof the following new Chapter 8:
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CHAPTER 8
FOOD SERVICE AND
RETAIL FOOD STORE SANITATION
8-8-1: ADOPTION BY REFERENCE:
(A) Pursuant to the authority granted by 65 Illinois Compiled Statutes
5/1-3-4 and pursuant to its home rule powers, the City hereby
adopts by reference and incorporates herein the following:
1. The 1998 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.
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 foodborne 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 or her designee". Any
reference to "Municipality" or "City" shall mean the City of
Evanston.
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):
(A) ADULTERATED: The condition of any food:
1. If it bears or contains any poisonous or deleterious substance in a
quantity which may render it injurious to health.
2. 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.
3. If it consists in whole or in part of any filthy, putrid, or decomposed
substance or if it is otherwise unfit for human consumption.
4. If it has been processed, prepared, packed or held under insanitary
conditions whereby it may have been contaminated with filth or
whereby it may have been rendered injurious to health.
5. If it is in whole or in part the product of a diseased animal or animal
which has died otherwise than by slaughter.
6. If its containers are composed in whole or in part of any poisonous
or deleterious substance which may render the contents injurious
to health.
(B) CRITICAL ITEM: A provision of this Chapter, that, if in noncompliance, is
more likely that other violations to contribute to food contamination,
illness, or environmental health hazard.
(C) FOOD ESTABLISHMENT: An operation that stores, prepares, packages,
serves, vends or otherwise provides food for human consumption: such
is
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• 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.
1. A food establishment includes:
(a) An element of the operation such as a transportation vehicle
or a central preparation facility that supplies a satellite
feeding location; and
(b) 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.
2. A food establishment does not include:
• " (a) An establishment that offers only prepackaged foods that
are not potentially hazardous;
(b) A produce stand that offers only whole, uncut fresh fruits
and vegetables;
(c) A food processing plant;
(d) 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.
(e) An area where food that is prepared in Section 8-8-2(C)2(d)
is sold or offered for human consumption.
(f) A kitchen in a private home, such as a small family day-care
• provider; or a bed -and -breakfast operation that prepares and
offers food to guests if the home is owner occupied, the
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number of available guest bedrooms does not exceed 6, •
breakfast is the only meal offered, the number of guests
served does not exceed 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
(g) A private home that receives catered or home -delivered
food.
3. 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:
(a) Cooling of potentially hazardous foods as part of the food
handling operation at the facility;
(b) Potentially hazardous foods that are prepared hot or cold •
and held hot or cold for more than twelve (12) hours before
serving;
(c) Potentially hazardous cooked and cooled food that must be
reheated;
(d) Potentially hazardous foods that are prepared for off
premises service for which time -temperature requirements
during transportation, holding and service are relevant;
(e) 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;
(f) Vacuum packaging and/or other forms of reduced oxygen
packaging are performed at the retail level; or,
(g) Where immuno-compromised individuals (elderly, children
under age 4, pregnant women) comprise the majority of the
consuming population. .
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• 4. 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
occu r:
(a) Hot or cold foods are held at required temperatures for no
more than twelve (12) hours and are restricted to same day
service;
(b) Food prepared from raw ingredients that requires only
minimal assembly; or, .
(c) Food that requires complex preparation (fresh, canned or
frozen) is obtained from approved food processing plants,
Cateogry I food establishments or retail food stores.
5. 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:
(a) Only pre -packaged foods are available or served in the
facility and any potentially hazardous foods are commercially
pre -packaged in an approved processing plant;
(b) Only limited preparation of non -potentially hazardous foods
and beverages (snack foods and carbonated beverages)
occurs at the facility; or,
(c) Only beverages (alcoholic or non-alcoholic) are served at
the facility.
(D) PERSON: An individual, or a firm, partnership, company, corporation,
trustee, association, or public or private entity.
(E) SQUARE FOOTAGE: The gross area of the entire food establishment
• premises, including the food service, storage and preparation areas.
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(F) 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.
8-8-3: 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. The application
for such license shall be on forms provided by the Public Health 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 any changes
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in the license application information within thirty (30) 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.
8-8-4: ISSUANCE OF LICENSE:
(A) Prior to issuance of a license, the Public Health Director shall cause to be
made an inspection of the premises described in such application to
determine whether said premises are in compliance with the requirements
of this Chapter.
(B) Prior to issuance of a license, the Director of Community Development
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 shall cause an inspection to
be made to ascertain that the premises conform with the requirements of
the municipal codes and ordinances for fire and life safety.
(D) The Public Health Director shall 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.
8-8-5: 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
Establishment 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.
8-8-6: 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.
8-8-7: LICENSE AND OTHER FEES:
(A) LICENSE FEES
(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
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(2)
Category II Food Establishment ...........
$350.00 per year
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(3)
Category III Food Establishment ...........
$200.00 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) Day Care Centers
(a) Category I Food Establishments ...... $125.00 per year
(b) Category II Food Establishments ......$90.00 per year
(c) Snacks only (Not potentially hazardous).$50.00 per year
(8) Temporary Food Establishments (other than . .
those licensed in Section 8-8-7(A)(1)-(3)...... $50.00 per event
(9) Beverage -dispensing vending machines ..... $25.00 per machine is
(10) Confection/snack dispensing vending
machines ............................. $25.00 per machine
(11) Food -dispensing vending machines ......... $35.00 per machine
(B) OTHER FEES: Plan Review Per Section 8-8-18.... $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 Code.
(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 $50 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.
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• (F) 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 Day Care Homes
8-8-8: SUSPENSION OF .LICENSE:
(A) The regulatory authority 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 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 Director of Public Health 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 regulatory authority 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 regulatory authority shall end the suspension if the
reasons for the suspension no longer exist.
8-8-9: REVOCATION OF LICENSE:
(A) The Director of Public Health may, after providing opportunity for a
hearing, revoke a license for:
1. Serious violations of this Chapter; or
2. Repeated violations of this Chapter found in consecutive
• inspections; or
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3. Interference with the Public Health Director in the performance of •
his/her duty enforce or administer this Chapter.
(B) Before revocation, the Public Health Director 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 ten (10) days following service of such notice unless a written request
for a hearing is filed with the Public Health Director by the holder of the
license within such ten (10) day period. If no request for hearing is filed
within the ten (10) day period, the revocation of the license to operate the
Food Establishment becomes final.
8-8-10: 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 Public Health Director.
8-8-11: HEARINGS:
As provided in Sections 8-8-8 and 8-8-9, a hearing shall be conducted by the
Public Health Director affording the licensee an opportunity to appear and
defend against the charges. The Public Health Director 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.
8-8-12: 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.
8-8-13: INSPECTION FREQUENCY:
The inspection frequency of a Food Establishment shall be determined by the
category of the Food Establishment.
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• 8-8-14: ACCESS:
Representatives of the Health Department, 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.
The representatives 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 Public Health Director in the performance of
his/her duties, provided that the Public Health Department's representatives
have presented proper identification, if requested.
8-8-15: 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.
} 8-8-16: 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:
If the Public Health Director determines that an imminent health
hazard exists including, but not limited to, those as may be created
by an extended loss of water supply, significant lack of
refrigeration, an extended power outage, or a sewage back-up into
the establishment, the establishment shall immediately cease
affected food establishment operations. Such operations shall not
be resumed until authorized by the Public Health Director.
2. When critical items, as defined in this Chapter, are identified,
corrective action shall be taken immediately. All violations of
critical items shall be corrected as soon as possible, but in any
event, not to exceed ten (10) days following inspection.
3. Within fifteen (15) days after the inspection, the licensee shall
submit a written report to the Public Health Director stating the
action taken to correct the critical items and verifying that said
violations have been corrected. Purchase orders of work contracts
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with a work completion date satisfactory to the Public Health •
Director may be accepted as interim corrective action. A follow-up
inspection shall be conducted to confirm correction.
4. All one (1) or two (2) point weighted items shall corrected as
required on the inspection report.
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 Public Health Director.
(B) Failure to comply with Section 8-8-16(A) 1 through 6 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 establishment passes a reinspection. Opportunity for reinspection
shall be offered within a reasonable time.
8-8-17: EXAMINATION AND CONDEMNATION OF FOOD:
Food may be examined or sampled b the Public Health Director as often as •
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necessary for enforcement of this Chapter. The Public Health Director 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 Public Health Director 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 Public Health Director 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 8-8-11 above. 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.
8-8-18: 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
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• prepared plans and specifications for such construction, major remodeling, or
conversion shall be submitted to the Public Health Director 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 Public
Health Director 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 Public Health Director.
A fee shall be charged for Food Establishment plan examination as provided in
Section 8-8-7 of this Chapter.
8-8-19: PREOPERATIONAL INSPECTION:
Whenever plans and specifications are required by this Chapter, the Public
Health Director shall inspect the Food- Establishment prior to the start of
operations.to determine compliance with the approved plans and specifications
and with the requirements of this Chapter.
8-8-20: PROCEDURE WHEN INFECTION IS SUSPECTED:
• When the Public Health Director 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
investigation as indicated and shall take appropriate action. The Public Health
Director 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 Public Health Director, 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.
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8-8-21: 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 other waste material
accumulated upon the premises. 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 one -hundred fifty (150') foot radius of all property lines on
which said establishment is located.fre_e_from rubbish, litter, 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.
Where the above one -hundred fifty (150') foot 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 Section 7-2-6 (D): 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.
(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 9-5-23 of the City
Code. The licensee of the restaurant shall be deemed responsible where
repeated violations of Section 9-5-23 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.
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0 8-8-22: 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
$500.00. A separate offense shall be deemed committed for each day
that a violation continues.
(B) The Public Health Director and/or designee of the City Manager may seek
to enjoin violations of this Chapter.
SECTION 3: That Section 3-1-1 of the Evanston City Code, 1979, as amended; - - --- --
is further amended as follows:
3-1-1: ISSUANCE OF LICENSES: Unless otherwise provided in this
Code or other applicable laws, all licenses shall be issued by the
City Collector and approved by the City Manager. In all cases where it is not
otherwise expressly provided, the City Collector shall have the power to hear and
grant applications for said licenses upon the terms specified in any of the
provisions of this Code or other ordinances of the City.
SECTION 4: That Section 3-8-4(A) of the Evanston City Code, 1979, as
amended, is further amended by deleting the following:
Beverage -dispensing devices ...................... $20.00 per device
Confection -dispensing devices .................... $20.00 per device
Food -dispensing devices .........................$35.00 per device
SECTION 5: That all ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 6: That ordinance shall be in full force and effect from and after its
passage, approval, and publication in the manner provided by law.
introduced: 1999
• Adopted: �) ' . = �� - �. _� , 1999
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ATTEST:
City Clerk
Appr:) ed as tolform:
Corporation Counsel
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Approved �((`-t�`�Z� �� 1999
Mayor
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