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HomeMy WebLinkAboutORDINANCE - 1470 - 7/28/1981 - FOOD SERVICE SANITATION ORD. ADOPTEDORDINANCE NO. 1470 AN ORDINANCE AMENDING ARTICLE VI, FOOD SERVICE SANITATION ORDINANCE OF THE MUNICIPAL CODE OF THE VILLAGE OF ELK GROVE VILLAGE BY ADOPTING BY REFERENCE 1975 STATE OF ILLINOIS FOOD SERVICE SANITATION ORDINANCE AND THE 1968 ILLINOIS DEPARTMENT OF PUBLIC HEALTH RETAIL FOOD STORE SANITATION ORDINANCE 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 anitation - Ordinance 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 1975 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, is 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 Rule 7.04, General Lighting, be amended to read as follows: Rule 7.04 - General. At least fifty foot (50') candles of light shall be required on all working surfaces ani at least twenty foot (20').candles on other surfaces and equip- ment, in food preparation, utensil washing and handwashing areas, and toilet rooms. Sources of artificiallight shall be provided and used to the extent necessary to provide the recuired amount of light on these surfaces when in use and when being cleaned. At least five foot (5') candles of light at a distance of thirty inches (30") from the floor shall be required in all other areas, including dining areas during cleaning operations. B. That Rule 3.01 is amended by adding paragraph C. which shall read as follows: "all food establishment employees shall be free of TB (Tuberculosis) and must show proof on a bi-annual Iasis that they have been checked for this disease. C. That the words "municipality of..." in said Rules and Regulations shall be understood to refer to the "Village of Elk Grove Village". 16.602. That the 1968 Edition of the Illinois Depart - cant 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, is 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. 16.603. 'Enforcement Provisions, permits, penalty. A. Permits: It shall be unlawful for any person to ooerate 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 bv 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 retail food store establishment, it shall also include the inclusive dates of the proposed operation. Upon receipt of such an application, the health authority siall 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 requirements of this Ordinance have ween met, a permit shall be issued to the applicant by the health authority. 2. 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 an opportunity for a hearing is filed with the health authority by the permit holder. - 2 - Notwithsatnding 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 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. 3. 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 ten (10) days following receipt of a written request, including a statement signed by the applicant that in his coinion 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. 4. 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. 5. Hearings: The hearings provided for in this secL.on shall be conducted by the health authority at a time and place designated by him. Based upon the record of such hearing, the health authority shall make a recommendation to the Village President to sustain, modify or rescind any official notice or order considered in the hearing. All hearings for license revocation or closure of a food establishment or retail food store establishment other than that stated in Section 2. shall be before the Village Board, and the Village Board shall sustain, modify or rescind any official notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the permit holder by the health authority. B. Inspection of Food Service Establishment or Retail Food Store Establishment: At least once every four (4) months, the health authority shall inspect each food service establish- ment or retail food store establishment located in the municipality of Elk Grove Village, and shall make as many additional inspections and reinspections as are necessary for the enforcement of this Ordinance. 1. Access to Establishments: The health authority, after proper identification, shall be permitted to enter, at any reasonable time, any food service establishment or retail food store establishment within the municipality of Elk Grove Village, for the purpose of making inspections to determine compliance with this Ordinance. He shall be permitted to examine the the records of the establishment to obtain pertinent information pertaining to food and supplies purchased, received, or used, and persons employed. - 3 - Failure to permit access after proper identification, shall be grounds for immediate revocation of permit without benefit of a hearing. After such revocation the permit holder may submit in writing, a request for reinstatement of permit. 2. Inspection Records: Whenever the health authority makes an inspection of a food service establishment or retail food store establishment, he shall record his findings on an inspection report form provided for this purpose and shall furnish a notice of such inspection report form to the permit holder or operator. Such notice shall indicate specific violations found and shall establish a specific and reasonable period of time for the correction of them. 3. Service of Notices: Notices provided for under this section shall be deemed to have been properly served when a copy of the inspection report form or other notice has been delivered personally to the permit holder or person in charge, or the inspection report'or notice has been posted by the health authority upon an inside 'wall of the establishment, or such inspection report or notice has been sent by registered or certified mail, to the last known address of the permit holder. A copy of such inspection reports or notices shall be filed with the records of the Village of Elk Grove Village Health Department. C. Food Service Establishment or Retail Food Store Establishment: From and after the effective date of this Ordinance, no existing food service establishment 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 equip- ment 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 establish- ments or the reconstruction or extensive alteration of exist- ing ones. D. Food Service Establishments or Retail Food Store Establishments from Other Jurisdictions: Food from food store establishments or retail food store establishments 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 provisions, the health authority may accept reports from the responsible authority in other jurisdictions where such food service establishments or retail food store establish- ments are located. - 4 - E. Procedure when Infection is Susoected: When the health authority has reasonable cause to suspect possibility of disease transmission from any food service establishment or retail food store establishment or employee, he shall make such investigation as may be indicated, including the morbidity history of suspected employees, and take appropriate action. The health authority :nay require any or all of the following measures: 1. The immediate closure of the food service establish- ment or retail food store establishment concerned until, in the opinion of the health authority, no further danger of disease outbreak exists. Uoon such closure the establish- ment may co_en only un_on written notice from the health authority. 2. The immediate exclusion of the employee from food service establishments or retail food store establishments. 3. Restriction of'the empfoyee'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 unwholesome, 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, repa-ked, reprocessed, altered, disposed of, or destroyed without permission of the health authority, except on order by a court of competent jurisdiction. After the owner or person in charge has had a hearing as provided in Section :I -1-E hereof and on the baEis of evidence produced at such hearing, or on the basis of his examination in the event a written request for hearing is not received within three (3) days, the health authority may vacate the hold order, -or may by written order di.cct 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. 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: The Village Clerk is hereby directed to provide three (3) certified copies of the 1975 State of Illinois Department of Public Health Food Service Sanitation Rules and Regulations and three (3) certified copies of the - 5 - Illinois Department of Public Health Retail Food Store Sanitation Rules and Regulations (1968 Edition) in the Office of the Village Clerk. Section 3: That the Village Clerk is hereby directed to publish this Ordinance in pamphlet form. Section 4: That any person, firm or corporation that violates 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 rive Hundred ($500.00) Dollars for each occurrence. A separate, occurrence, shall be deemed committed on each day during or on which:.a violation i continues or exists. Section 5: That this Ordinance shall be in full force and effect from and after its passage, approval and publica- tion according to law. VOTES: AYES: 6. NAYS: 0 ABSENT: 0 ATTEST: APPROVED: Charles J. Zettek Village President Fay M. Bishop lage Clerk PnSSED this 28th day of July 1981. APPROVED this 28th day of July 1981. PUBLISHED this 5th day of August 1981, in pamphlet form. - 6 -