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HomeMy WebLinkAboutORDINANCES-1988-013-O-88AN ORDINANCE Amending Title 8, Chapter 8 of the City Code of the City of Evanston Pertaining to • Food Service Sanitation BE IT:ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK, COUNTY, ILLINOIS: Section 1: That Section 8-8-1 of the City Code of the City of Evanston, 1979, as amended, be and it is hereby further amended to read as follows: 8-8-1: ADOPTION BY REFERENCE: (A) Pursuant to the authority granted by chapter 24, section 1-3-4 of the Illinois Revised Statutes and pursuant to its home rule powers, the City hereby adopts by reference and incorporates herein the 1988 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 foodborne illnesses in public eating establishments. is(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" shall mean the City of Evanston. (C) Additions to State Rules and Regulations: The following definitions are added to section 750.10, the Definitions section of the 1988 Edition of the Food Service Sanitation Rules and Regulations. 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 tolerances 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 insanitary 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 -1- 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. License: The document issued by the Evanston Department of Finance which authorizes a person to • operate a food service establishment. Permit: The document issued by the Evanston Department of Health which authorizes a person to operate a food service establishment. SECTION 2: That new Sections 8-8-6 through 8-8-21 be added to the City Code of the City of Evanston to read as follows: 8-8-6: PERMIT REQUIRED: No person shall operate a food service establishment without a valid permit to operate such food service establishment issued to such person by the Public Health Director. Such permit is not transferable. A -valid permit shall be posted in every food service establishment. 8-8-7: ISSUANCE OF PERMIT: (A) Any person desiring to operate a food service establishment shall make written application for a permit to operate such food service establishment on forms provided by the Department of Health. Such • application shall include the name and address of each applicant, the location and type of the proposed food service establishment, and the signature of each applicant. is (B) Before approving an application for a permit to operate a food service establishment, the Public Health Director shall inspect the proposed food service establishment to determine compliance with the provisions of this chapter. (C) The Public Health Director shall issue a permit to operate a food service establishment if inspection reveals that the proposed food service establishment complies with the requirements of this chapter. 8-8-8: SUSPENSION OF PERMIT: (A) The regulatory authority may, upon written notice, without prior warning, notice, or hearing, suspend any permit to operate a food service establishment if the holder of the permit 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 permit is suspended, food service operations shall immediately cease. (B) Whenever a permit to operate a food service mom • • • establishment is suspended, the holder of the permit to operate the food service establishment, or the person in charge, shall be notified in writing that the permit to operate the food service 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 permit within 10 days. If a written request is filed within 10 days, an opportunity for a hearing with the regulatory authority shall be afforded within 20 days of receipt of the request. If no written request for a hearing is filed within 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 PERMIT: (A) The Director of Public Health may, after providing opportunity for a hearing, revoke a permit for: 1. Serious violations of this chapter; or 2. Repeated violations of this chapter found in consecutive inspections; or 3. Interference with the Public Health Director in the performance of his/her duty to enforce or administer this chapter. (B) Before revocation, the Public Health Director shall notify the holder of the permit to operate the food service establishment, or the person in charge, in writing, of the reasons for which such permit is subject to revocation. The permit to operate the food service establishment shall be revoked at the end of the 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 permit within such 10-day period. If no request for hearing is filed within the 10-day period, the revocation of the permit to operate the food service establishment becomes final. 8-8-10: OFFICE CONFERENCES: Informal conferences may be held between representatives of the Evanston Health Department and the food service establishment to discuss sanitation problems. A verbatim record of these informal conferences need not be made. 8-8-11: SERVICE OF NOTICE: A notice provided for in this Chapter is properly served when it is delivered to the holder of the permit to operate the food service establishment, or 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 permit to operate a food service establishment. A copy of the notice shall be filed in the records of the Public Health Director. 8-8-12: HEARINGS: The hearings provided for in this Chapter shall be held at a time and place designated by the Public Health Director. Hearings shall be conducted in accordance with procedures on file with the City Clerk. A Hearing Officer shall be designated by the City Manager. Any oral testimony given at a hearing =19 shall be reported verbatim. The Public Health Director shall make a final finding based upon the complete hearing record and shall sustain, modify, or rescind any notice or order considered in the hearing. A written report of the hearing decision, including the reason(s) for such decision, shall be furnished to the holder of the permit to operate the food service establishment, or to the person in charge, by the Public Health Director within 10 days after conclusion of the hearing. • 8-8-13: APPLICATION AFTER REVOCATION: Whenever a revocation of a permit to operate a food service establishment has become final, the holder of such revoked permit may make written application for a new permit to operate a food service establishment as provided in Section 8-8-7 of this code. 8-8-14: INSPECTION FREQUENCY: An inspection of a food service establishment shall be performed at least once every 6 months. Additional inspections shall be performed as often as necessary for the efficient and effective enforcement of this Chapter. 8-8-15: ACCESS: Representatives of the Health Department, after proper identification, shall be permitted to enter any food service 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, of the food service establishment, to obtain information pertaining to food and supplies purchased, received, or used. 8-8-16: REPORT OF INSPECTIONS: Whenever an inspection is made of a food service establishment, the findings shall be recorded on the inspection report form which shall summarize the • requirements of this Chapter and shall set forth a weighted point value for each requirement. Inspectional remarks shall be written to reference, by item number, the section violated and shall state the correction to be made. The rating score of the establishment shall be the total of the weighted point values for all violations, subtracted from 100. A copy of the completed inspection report form shall be given to the person in charge of the establishment at the conclusion of the inspection. The completed inspection report form constitutes an official notice of inspectional findings. It is a public document that shall be made available for public disclosure to any person who requests it according to law. 8-8-17: CORRECTION OF VIOLATIONS: (A) The completed inspection report form shall specify a reasonable period of time for the correction of the violations found, and correction of the violations shall be accomplished within the period specified, in accordance with the following provisions: 1. 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, complete lack of refrigeration, an extended power outage, or a sewage back-up into • the establishment, the establishment shall immediately cease affected food service establishment operations. Such operations shall not be resumed -4- until authorized by the Public Health Director. 2. All violations of 4- or 5-point weighted items shall be corrected as soon as possible, but in any event, not to exceed 10 days following inspection. Within 15 days after the inspection, the holder of the permit shall submit a written report to the Public Health Director stating the action taken to correct the 4- or 5-point weighted violations and • verifying that said violations have been corrected. Purchase orders or work contracts 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. 3. All 1- or 2-point weighted items shall be corrected as soon as possible, but in any event, by the time of the next routine inspection. 4. When the rating score of the establishment is less than 60, the establishment shall initiate corrective action on all identified violations within 48 hours. One or more reinspections will be conducted at reasonable time intervals to assure correction. 5. In the case of temporary food service establishments, all violations shall be corrected within 24 hours. If violations are not corrected within 24 hours, the establishment shall immediately cease food service operations until authorized to resume by the Public Health Director. (B) Failure to comply with Section 8-8-17 (A)1 through (A)4 may result in revocation of the permit to operate the food service establishment. • (C) Whenever a food service establishment is required under the provisions of Section 8-8-17 of this Chapter to suspend operations, it shall not resume operations until it is shown on reinspection that conditions responsible for the order to suspend operations no longer exist. Opportunity for reinspection shall be offered within a reasonable time. An opportunity for a hearing by the Public Health Director will be provided if a written request for a hearing is filed by the holder of the permit to operate the food service establishment with the Public Health Director within 10 days following suspension of operations. If such a written request for hearing is received, a hearing shall be held within 20 days of receipt of the request. 8-8-18: EXAMINATION AND CONDEMNATION OF FOOD: Food may be examined or sampled by the Public Health Director as often as necessary for enforcement of this ordinance. 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 misbranded 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 Mc 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 within 10 days and that if no hearing is requested the food shall be destroyed. If a request for hearing is received, the hearing shall be held within 20 days after receipt of the request. On the basis of 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. 8-8-19: SUBMISSION OF PLANS: Before the construction or major remodeling of a food service establishment, and whenever an existing structure is converted to use as a food service establishment, properly 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 indicate the proposed layout, arrangement, mechanical plans, construction materials of work areas, and 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 service establishment shall be constructed, extensively remodeled, or converted except in accordance with plans and specifications approved, by the Public Health Director. 8-8-20: PREOPERATIONAL INSPECTION: Whenever plans and specifications are required by Section 8-8-19 of this Chapter, the Public Health Director shall inspect the food service establishment prior to the start of operations to determine compliance with the • approved plans and specifications and with the requirements of this Chapter. 8-7-21: PROCEDURE WHEN INFECTION IS SUSPECTED: When the Public Health Director has reasonable cause to suspect possible disease transmission from any food service 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 retail food stores or food service establishments; (B) The immediate closing of the food service 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. • 11 • SECTION 3: That Section 8-8-6 of the City Code of the City of Evanston be renumbered to 8-8-22. SECTION 4: That Section 8-8-7 of the City Code of the City of Evanston be renumbered to 8-8-23. SECTION S: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: Adopted: ATTEST: Ci y Clerk Ap o led as t 'form: Corporation Counsel •:: Appr ved: 13 1988. Mayor -7-