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HomeMy WebLinkAboutORDINANCE - 1617 - 1/24/1984 - FOOD SERVICE SANITATION ORDORDINANCE NO. 1617 AN ORDINANCE AMENDING ARTICLE VI FOOD SERVICE SANITATION ORDINANCE/RETAIL FOOD STORE SANITATION ORDINANCE OF CHAPTER 16 OF THE MUNICIPAL CODE OF THE VILLAGE OF ELK GROVE VILLAGE BE IT ORDAINED, by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: Section 1: That Article VI, Food Service Sanitation Ordinance/Retail Food Store Sanitation Ordinance of Chapter 16 of the Municipal Code be and the same is hereby amended to read as follows: ARTICLE VI FOOD SERVICE SANITATION ORDINANCE/RETAIL FOOD STORE SANITATION ORDINANCE 16.601 The 1983 Edition of the State of Illinois Department of Public Health Food Service Sanitation Rules and Regulations, three (3) copies of which are on file in the Office of the Village Clerk, and any amendments or changes thereto, are hereby adopted and incorporated by reference into the Municipal Code of the Village of Elk Grove Village, subject to the additions, amendments and deletions hereinafter set forth: A. That Sec. 750.500 of said Rules and Regulations is hereby amended by adding thereto a paragraph c) which paragraph shall read as follows: c) All food establishment employees shall be free of TB (Tuberculosis) and must show proof on a bi-annual basis that they have been checked for this disease. B. That the words "Local Enforcement Authority" in said Rules and Regulations shall be understood to refer to the Village of Elk Grove Village. 16.602 That the 1983 Edition of the Illinois Department of Public Health Retail Food Store Sanitation Rules and Regulations, three (3) copies of which are on file in the Office of the Village Clerk, and any amendments or changes thereto, are hereby adopted and incorporated by reference into the Municipal Code of the Village of Elk Grove Village as the Regulations of the Village for Retail Food Stores subject to the additions, amendments and/or deletions hereinafter set forth: A. That Sec. 760.400 of said Rules and Regulations shall be amended by adding thereto a paragraph c), which paragraph shall read as follows: c) All Retail Food Store Employees shall be free of TB (Tuberculosis) and must show proof on a bi-annual basis that they have been checked for this disease. 16.603 Enforcement Provisions, Permits, Penalty.) A. PERMITS: It shall be unlawful for any person to operate a food service establishment or retail food store establishment within the Village of Elk Grove Village without a valid permit from the Village Health Authority and a business license from the Village Clerk. Only a person who complies with the requirements of this Ordinance shall be entitled to receive and retain such a permit. A valid permit is one that is not suspended, revoked or expired. 1. ISSUANCE OF PERMITS: Any person desiring to operate a food service establishment or retail food store establishment shall make written application for a permit on forms provided by the health authority. Such application shall include: the applicant's full name and post office address and whether such applicant is an individual, firm, or corporation, and, if a partnership, the name of the partners, together with their addresses shall be included; the location and type of the proposed food service establishment or retail food store establishment; and the signature of the applicant or applicants. If the application is for a temporary food service establishment or temporary retail food store establishment, it shall also include the inclusive dates of the proposed operation. - 2 - Upon receipt of such an application, the health authority shall make an inspection of the food service establishment or retail food store establishment to determine compliance with the provisions of this Ordinance. When inspection reveals that the applicable require- ments of this Ordinance have been met, a permit shall be issued to the applicant by the health authority. 2. CONDITIONAL PERMIT: When structural, plumbing, electrical, ventilation, or similar such defects exist in an established food facility that may require a significant expenditure to correct, but are not considered to be an imminent health hazard, a Conditional Permit may be granted at the discretion of the health authority. Under no circumstances will a conditional permit be issued for more than two (2) consecutive twelve (12) month periods. The purpose of the condi- tional permit is to allow a reasonable period of time for correction of existing defects. 3. TEMPORARY SUSPENSION OF PERMITS: Permits may be suspended temporarily by the health authority for failure of the holder to comply with the requirements of this Ordinance. Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of this Ordinance, the permit holder or operator shall be notified in writing that the permit is, upon service of the notice, immediately suspended and that a request for a hearing may be filed with the health authority by the permit holder. The suspension order shall be stayed pending any such hearing. Notwithstanding the other provisions of this Ordinance, whenever the health authority finds unsanitary or other conditions in the operation of a food service establishment or retail food store establishment which, in his judgment, constitute a substantial hazard to the public health, he may without warning, notice or hearing, issue a written notice to the permit holder or operator citing such condition, specifying the corrective action to be taken, and specifying the time period within which such action shall be taken; and, if deemed necessary, such order shall state that the permit is immediately suspended, and all food service operations are to be immediately discontinued. Any person to - 3 - whom such an order is issued shall comply immediately therewith, but upon written petition to the health authority, shall be afforded a hearing as soon as possible. 4. REINSTATEMENT OF SUSPENDED PERMITS: Any person whose permit has been suspended may, at any time, make application for a reinspection for the purpose of reinstatement of the permit. Within two (2) days following receipt of a written request, including a statement signed by the applicant that in his opinion the conditions causing suspension of the permit have been corrected, the health authority shall make a reinspection. If the applicant is complying with the requirements of this Ordinance, the permit shall be reinstated. 5. REVOCATION OF PERMITS: For serious or repeated violations of any of the requirements of this Ordinance, or for interference with the health authority in the performance of his duties, the permit may be permanently revoked after an opportunity for a hearing has been provided by the health authority. Prior to such action, the health authority shall notify the permit holder in writing, stating the reasons for which the permit is subject to revocation and advising that the permit shall be permanently revoked at the end of five (5) days following service of such notice, unless a request for a hearing is filed with the health authority, by the permit holder, within such five (5) day period. A permit may be suspended for cause pending its revocation or a hearing relative thereto. 6. HEARINGS: The hearings provided for in this section shall be conducted by the Board of Health at a time and place designated by said Board. Based upon the record of such hearing, the Board of Health shall make a finding to sustain, modify or rescind any official notice or order considered in the hearing. All hearings for license revocation or permanent closure of a food establishment or retail food store estab- lishment shall likewise be before the Board of Health. Based upon the record of such hearing, the Board of Health shall make a recommendation to the President and Board of Trustees whether to permanently revoke such establishment. A written report of the hearing decision by the President and Board of Trustees shall be furnished to the permit holder by the health authority within five (5) days from the date said matter is decided by the President and Board of Trusters. - 4 - B. INSPECTIONS: 1. INSPECTION FREQUENCY: An inspection of a food service establishment or retail food store establishment shall be performed at least once every six (6) months. Additional inspections shall be performed as often as are deemed necessary for the enforcement of this ordinance. 2. ACCESS: Representatives of the regulatory authority, after proper identification, shall be permitted to enter any food service establish- ment or retail food store establishment at any reasonable time for the purpose of making inspections to determine compliance with this ordinance. The representatives shall be per- mitted to examine the records of the establish- ment to obtain information pertaining to food and supplies purchased, received or used. 3. REPORT OF INSPECTIONS: Whenever an inspection of a food service establishment or retail food store establishment is made, the findings shall be recorded on an inspection report form. The inspection report form shall summarize the requirements of this ordinance and shall set forth a weighted point value for each requirement. Inspectional remarks shall be written to reference, by section 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, substracted from 100. A copy of the completed inspection report form shall be furnished to the person in charge of the establishment at the conclusion of the inspection. The completed inspection report form is a public document that shall be made available for public disclosure to any person who requests it according to law. 4. CORRECTION OF VIOLATIONS: (a) The completed inspection report form shall specify a reasonable period of time for the correction of the violation found; and correction of the violations shall be accomplished within the period specified, in accordance with the following provisions: (1) If an imminent health hazard exists, such as complete lack of refrigeration or sewage backup into the establishment, the establishment shall immediately cease food service operations. Operations shall not be resumed until authorized by the regulatory authority. - 5 - (2) All violations of 4- or 5 -point weighted items shall be corrected as soon as possible, but in any event, within ten (10) days following inspection. Within fifteen (15) days after the inspection, the holder of the permit, license or certificate shall submit a written report to the regulatory authority stating that the 4- or 5 -point weighted violations have been corrected. 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 sixty (60), the establishment shall initiate corrective action on all identified violations within forty- eight (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 or retail food store establishments, all violations shall be corrected within twenty-four (24) hours. If violations are not corrected within twenty-four (24) hours, the establish- ment shall immediately cease food service operations until authorized to resume by the regulatory authority. (b) The inspection report shall state that failure to comply with any time limits for corrections may result in cessation of food service operations. An opportunity for hearing on the inspection findings or the time limita- tions or both will be provided if a written request is filed with the regulatory authority within ten (10) days following cessation of operations. If a request for hearing is received, a hearing shall be held within twenty (20) days of receipt of the request. (c) Whenever a food service establishment or retail food store establishment is required under the provisions of Section (4) to cease operations, it shall not resume operations until it is shown on reinspection that conditions responsible for the order to cease operations no longer exist. Opportunity for reinspection shall be offered within a reasonable time. - 6 - C. FOOD SERVICE ESTABLISHMENT OR ESTABLISHMENT: From and after the effective date of this Ordinance, no existing food service establish- ment or retail food store establishment shall continue to operate within the Village of Elk Grove Village unless it conforms with the requirements of this Ordinance; provided, however that equipment and facilities, installed in a food service establishment or retail food store establishment prior to the effective date of this Ordinance, which do not fully meet all of the design and construction requirements of this Ordinance, shall be deemed acceptable in that establishment if they are in good repair, capable of being maintained in a sanitary condition, and the food -contact surfaces are non-toxic. 1. NEW FOOD SERVICE ESTABLISHMENTS OR RETAIL FOOD . STORE ESTABLISHMENTS: All food service establishments or retail food store establishments which are hereafter constructed, reconstructed or extensively altered shall conform in such construction to the requirements of this Ordinance. New and replacement equipment shall meet the requirements of this Ordinance as to construction and installation. 2. PLAN REVIEW - NEW CONSTRUCTION: Properly prepared plans, including equipment specifications and installation lay -outs, shall be submitted to the health authority for review and approval before work is begun on the construction of new food service establishments or retail food store establishments or the reconstruction or extensive alteration of existing ones. D. FOOD SERVICE ESTABLISHMENTS OR RETAIL FOOD STORE ESTABLISHMENTS FROM OTHER JURISDICTIONS: Food from food store establishments or retail food store establish- ments outside the jurisdiction of the Village of Elk Grove Village Health Department may be sold within the Village if such food service establishments or retail food store establishments conform to the provisions of this Ordinance or to substantially equivalent provisions. To determine the extent of compliance with such pro- visions, the health authority may accept reports from the responsible authority in other jurisdictions where such food service establishments or retail food store establishments are located. E. PROCEDURE WHEN INFECTION IS SUSPECTED: When the health - authority has reasonable cause to suspect possibility of disease transmission from any food service establish- ment or retail food store establishment or employee, - 7 - he shall make such investigation as may be indicated, including the morbidity history of suspected employees, and take appropriate action. The health authority may require any or all of the following measures: 1. The immediate closure of the food service establishment or retail food store establishment concerned until, in the opinion of the health authority, no further danger of disease outbreak exists. Upon such closure the establishment may open only upon written notice from the health authority. 2. The immediate exclusion of the employee from food service establishments or retail food store establishment. 3. Restriction of the employee's services to some area of the establishment where there would be no danger of transmitting disease. 4. Adequate medical and laboratory examinations of the employee and, if deemed necessary, other employees. F. EXAMINATION AND CONDEMNATION: Samples of food and other substances may be determined or sampled by the health authority as often as may be necessary to determine freedom from adulteration and misbranding and determine bacterialogical contact. The health authority may request the condemnation of or request the removal, destruction or denaturing of any food which is unwhole- some, adulterated or misbranded. The health authority may, upon written notice to the owner or person in charge, place a tag or hold order on any food which he determines, or has probable cause to believe to be unwholesome. Under a hold order, food shall be permitted to be suitably stored. It shall be unlawful for any person to remove or alter a hold order, notice or tag placed on food by the health authority, and neither such food or the containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of, or destroyed without permission of the health authority, except on order by a court of competent jurisdiction. The health authority may vacate the hold order, or may by written order direct the owner or person in charge of the food, which was placed under the hold order, to denature or destroy such food or to bring it into compliance with provisions of this Ordinance, provided that such order shall be stayed if the order is appealed to a court of competent jurisdiction within three (3) days. - 8 - G. PENALTIES: Any person, firm or corporation who shall violate any of the provisions of this Ordinance shall be subject to a fine of not less than Twenty-five ($25.00) Dollars nor more than Five Hundred ($500.00) Dollars for each occasion. A separate occasion shall be deemed existing on each day on which a violation continues or occurs. In addition thereto, such persons may be enjoined from continuing such violations. Section 2: That the Village Clerk is hereby authorized to publish this Ordinance in pamphlet form. Section 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. VOTES: AYES: 5 NAYS: 0 ABSENT: 1 APPROVED: Charles J. Zettek Village President ATTEST: Patricia S. Smith Village Clerk PASSED this 24th day of January 1984. APPROVED this 24th day of January 1984. PUBLISHED this lst day of February 1984, in pamphlet form. - 9 -