HomeMy WebLinkAboutORDINANCES-1982-113-O-8210/20/82
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• �) 113-0-82
AN ORDINANCE
Adopting by Reference the Food and Drug Administration's
�1 "Food Service Sanitation Ordinance", 1976, and Amending
( Title 8, Chapter 8, of the Code of the City of Evanston
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i WHEREAS, the City Council of the City of Evanston considers it in
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the public interest to adopt the "Food Service Sanitation Ordinance", 1976
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! edition of the Food and Drug Administration, as its standard for inspections
1! of food service establishments; the issuance, suspension and revocation of
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permits to -operate food service establishments; and the prohibiting of the
sale of unsound or mislabeled food or drink; and
( WHEREAS, the City Council of the City of Evanston has caused three
j� (3) copies of the aforesaid Code to .be kept on file in the office of the City
• Clerk for public inspection for a period of more than thirty (30) days prior
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to the adoption of this Ordinance:
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
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! SECTION 1: That Title 8, Chapter 8, of the Evanston City Code, 1979,I
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as amended, be further amended so that the new Chapter 8,
;shall read in its entirety as follows:
CHAPTER 8
Food Service Sanitation
SECTION:
8-8-1: Adoption by Reference
8-8-2: Definitions
8-8-3: License Required; Application
8-8-4: License Fees
8-8-5: Term of Licenses
8-8-6: Drive -In Restaurants:
Additional Regulations
8-8-7: Penalties and Remedies
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8-8-1: Adoption by Reference:
(A) Pursuant to the authority granted by Chapter 24, Section 1-2-4
of the Illinois Revised Statutes and pursuant to its home rule
powers, the City of Evanston hereby adopts by reference and
incorporates herein the "Food Service Sanitation Ordinance",
1976 edition of the Food and Drug Administration, including
Appendices, regulating the inspection of food service estab-
lishments; the issuance, suspension and revocation of permits
to operate food service establishments, and the prohibiting of
the sale of unsound or mislabeled food or drink in the City of
Evanston, provided.that Sections 10-601 and 10-602 of said
Ordinance shall be replaced by 8-8-3 below; and further adopts
by reference and incorporates herein Rules 3.05, 3.06 and 3.07
of the Illinois Department of Public Health "Food Service
Sanitation Rules and Regulations" regulating Management
Sanitation training and certification in the .City of Evanston.
(B) Any reference in the Food Service Sanitation Ordinance to
"Regulatory Authority" shall mean the Public Health Director
of the City of Evanston. Any reference to "Municipality"
shall mean the City of Evanston.
8-8-2: Definitions:
I' Drive -In Any business where food (including frozen desserts)
Restaurant: and beverages are sold, where an automobile parking
area is provided, and where such food or beverages
are consumed in automobiles parked in the parking
area, including "Drive-Thru" restaurants or
restaurants with "Drive-Thru" service.
Service The seating place where one patron or customer to
Accommodation: be served can be seated, or in lieu of seating space
two (2) lineal feet of counter space which may be
used or occupied by one patron or customer to be
served while standing, and in the case of drive-in
restaurants, it includes, in addition thereto, each
parking space for motor vehicles provided for the
accommodation of patrons or customers. (Ord. 86-0-61)
8-8-3: License Required, Application:
It shall be unlawful for any person to operate within the City
a food service establishment or mobile food unit, as defined
in this Chapter, without first having obtained a license for
that purpose, as provided herein.
Any person desiring to keep or maintain any food service
establishment, as defined in this Chapter, shall make written
application to the City Collector for a license, setting forth
the location and description of the premises where such food
service establishment is to be conducted. Before such license
is issued, the following investigations and inspections shall
be made:
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' (A)
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.
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)i .(B)
The Director of Building and Zoning shall cause an inspection
to be made to ascertain that the premises may be used for the
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purpose in conformity with the zoning regulation and other
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ordinances of the City applicable thereto.
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License Fees: The annual license fees for food service
establishments as defined in this Chapter shall be
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as follows:
(A)
Where there are service accommodations for the following:
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20 persons or less .............................$ 55.00
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More than 20 persons plus $1.21 for each
person in excess of 20......................... 55.00
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Maximum fee shall not exceed a total of........ 247.50
(B)
Education institutions including school, fraternity and
sorority houses shall be half of the foregoing, provided
that the maximum annual license fee as herein provided
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shall not excees $82.50.
(C) Drive -In Restaurants: $55.00 plus $3.30 for each motor
vehicle service accommodation; provided, however, that
i the maximum annual license fee shall not exceed a total
of $330.00.
(D) Those establishments selling only ice cream, soda water
and soft drinks exclusively: $22.00, where there are
service accommodations for 20 persons or less, plus $0.50
for each service accommodation in excess of 20.
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i 8-8-5: Term of Licenses:
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If All licenses provided in this Chapter shall expire on
December 31 following the date of issuance. It shall
I be unlawful to transfer any such license from one person
to another.
8-8-6: Drive -In Restaurants: Additional Regulations:
(A) Refuse and Debris:
j 1. Disposal of Refuse and Debris: Each drive-in
restaurant shall, at least once in each twenty-four
(24) hour period, dispose of all paper, cups, plates,
napkins, garbage and other waste material accumulated
ji upon the premises. It shall be the duty of the owner,
manager or person in charge ofsaid drive-in restaurant,
to, at all times, keep the premises in and about said
restaurant including the parking area adjoining thereto,
free from rubbish, waste products and debris including
I napkins, straws, paper cups, plates, bottles, cans, and
!: other similar waste products.
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2. Premises Kept Free of Refuse: No person shall place,
• ► throw or deposit any food, beverage, paper, bottles, cans i
or similar waste materials upon the premises of any drive-in
j.j restaurant, or in the parking area adjacent thereto, unless
' such waste material be placed in a waste receptacle which
shall be conveniently provided upon the said premises or
parking area.
(B) Serving Hours: It shall be unlawful for any patron to be
served any food or beverage upon the premises of any drive-in
restaurant between the hours of twelve o'clock (12:00)
midnight to six o'clock (6:00) A.M.
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(C)
Operations Subject to Other Ordinances: Every owner, manager
or person in charge of a drive-in restaurant shall be subject, 4
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in the operation of said drive-in restaurant, to any and all
other applicable ordinances.
(0)
Unnecessary Noise: No patron of a drive-in restaurant, or any
other person, while driving a motor vehicle upon or standing,
stopping or parking such vehicle in the parking area adjoining
any such drive-in restaurant, shall race the motor of any such
motor vehicle, cause any horn to be blown except as a traffic
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warning, or make or cause to be made any other loud or un-
necessary noise or disturbance upon said premises.
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(E)
Intoxicating Liquors Prohibited: No person upon the premises I
of any drive-in restaurant or in the parking area adjacent
thereto, whether in or outside an automobile, shall drink,
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have in his possession or under his control, or offer to j
another to drink, any beer intoxicating
wine, or liquor.
8-8-7:
Penalities and Remedies:
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Any person who violates or fails to perform any duty imposed
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by this ordinance shall be guilty of an offense punishable
by a fine of not less than $25.00 nor more than $500.00. A
separate offense shall be deemed committed for each day that
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a violation continues.
(B)
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The Public Health Director may seek to enjoin violations of
the ordinance. i
SECTION 2: It is the intention of the City Council that the
provisions of this ordinance are severable and that
the invalidity of any section or part of any section of this ordinance and
the Code hereby adopted shall not affect any other section or portion of this
ordinance.
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�j SECTION 3: This ordinance shall be in full force and effect from
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II and after its passage, approval and publication in the
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manner provided by law.. I
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�1 SECTION 4: All ordinances or parts of ordinances in conflict i
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jj herewith are hereby repealed.
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j Introduced: ,(//J/-t' 1983
P Ado ted:
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,;!ATTEST:
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j; City Clerk
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i'Approved as to form:
Corporation Counsel
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Approved: 1983 r
M�rg`o r
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