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HomeMy WebLinkAboutORDINANCE - 3601 - 3/26/2019 - Sanitation Codes amendedORDINANCE NO.3601 AN ORDINANCE AMENDING TITLE 3, CHAPTER 5A, FOOD SERVICE AND RETAIL FOOD STORE SANITATION CODES OF THE VILLAGE OF ELK GROVE VILLAGE, ADOPTING BY REFERENCE THE ILLINOIS FOOD CODE NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: Section 1: That Article A. FOOD SERVICE AND RETAIL FOOD STORE SANITATION CODES of Title 3, Chapter 5, of the Village Code, be renamed to read as follows: ARTICLE A. FOOD CODE Section 2: That Section 3-5A-1: CODES ADOPTED, AMENDMENTS: of the Village Code is hereby amended to read as follows: A. Illinois Food Code: The Illinois Food Code, one (1) copy of which is on file in the office of the Village Clerk, and any amendments or changes thereto, are hereby adopted and incorporated by reference into this code, subject to the additions, amendments and deletions set forth as follows: The words Regulatory Authority in the Illinois Food Code shall be understood to refer to the Village of Elk Grove Village. Section 3-302.15 of the Illinois Food Code is hereby amended by adding thereto a paragraph, which shall read as follows: 1. Food establishments, which prepare foods on the premises, shall install an additional approved food preparation sink in the kitchen area. This sink must be provided with at least one (1) integral drain board. B. For the purpose of establishing rules regulating the written document that delineates the formal procedures for the Hazard Analysis and Critical Control Point (HACCP) principals developed by the National Advisory Committee on Microbiological Criteria for Foods, the following sections from the U.S. Public Health Service 2017 FDA Food Code are adopted: 8-201.13, When a HACCP Plan is Required; and 8-201.14, Contents of a HACCP Plan. C. For the purpose of establishing rules regulating the written document that authorizes variances, the following sections from the U.S. Public Health Service 2017 FDA Food Code are adopted: 8-103.10, Modifications and Waivers; 8-103.11, Documentation of Proposed Variance and Justification; and 8-103.12, Conformance with Approved Procedures. Section 3: That Section 3-5A-2: PERMIT REQUIREMENTS: of the Village Code is hereby amended to read as follows: A. Permit And Compliance Required: It shall be unlawful for any person to operate a food establishment within the Village without a valid permit from the Village regulatory authority and a business license from the finance department. Only a person who complies with the requirements of this article shall be entitled to receive and retain such a permit. A valid permit is one that is not suspended, revoked or expired. B. Application For Permit; Inspections; Issuance: Any person desiring to operate a food establishment shall make written application for a permit on forms provided by the regulatory 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 establishment; and the signature of the applicant or applicants. If the application is for a temporary food establishment, it shall also include the inclusive dates of the proposed operation. Upon receipt of such an application, the regulatory authority shall make an inspection of the food establishment to determine compliance with the provisions of this article. When inspection reveals that the applicable requirements of this article have been met, a permit shall be issued to the applicant by the regulatory authority. C. Conditional Permit: When structural, plumbing, electrical, ventilation, equipment or similar such defects exist in an established food facility that may require a significant expenditure to correct, but are not considered an imminent health hazard, a conditional permit may be granted at the discretion of the regulatory authority. The conditional permit will be issued for such lengths of time as is deemed appropriate by the Community Development Department. In no event shall any individual permit or any renewal thereof be issued for a combined period longer than twenty four (24) months. With respect to food establishments with a new owner or operator, if no imminent health hazards are present at the time of inspection, and all other departments have approved the food establishment for continued operation, the Community Development Department may issue a conditional permit for a length of time not to exceed ninety (90) days. At the expiration of a conditional permit time period, all items identified in the original inspection must be corrected and/or approved, otherwise, the premises will be subject to immediate closure. D. Temporary Suspension Of Permits; Reinstatement: 1. Permits may be suspended temporarily by the regulatory authority for failure of the holder to comply with the requirements of this article. Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of this article, 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 regulatory authority by the permit holder. The suspension order shall be stayed pending any such hearing. Notwithstanding the other provisions of this article, whenever the regulatory authority finds unsanitary or other conditions in the operation of a food establishment which, in their judgment, constitutes a substantial hazard to the public health, they 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 regulatory authority, shall be afforded a hearing as soon as possible. 2. 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 regulatory authority shall make a reinspection. If the applicant is complying with the requirements of this article, the permit shall be reinstated. E. Revocation Of Permits: For serious or repeated violations of any of the requirements of this article or for interference with the regulatory authority in the performance of his duties, the permit may be permanently revoked after an opportunity for a hearing has been provided by the regulatory authority. Prior to such action, the regulatory 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 regulatory 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. F. Hearings: The hearings provided for in this section shall be conducted by the license review commission at a time and place designated by said commission. Based upon the record of such hearing, the commission 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 shall likewise be before the license review commission. Based upon the record of such hearing, the commission shall make a finding as to whether to permanently revoke such establishment's license. A written report of the hearing decision shall be furnished to the license holder by the regulatory authority within five (5) days from the date said matter is decided by the license review commission. Section 4: That Section 3-5A-3: FOOD ESTABLISHMENTS WITHIN THE VILLAGE: of the Village Code is hereby amended to read as follows: A. Existing Establishments: From and after the effective date hereof, no existing food establishment shall continue to operate within the village unless it conforms with the requirements of this article; provided, however that equipment and facilities installed in a food establishment prior to the effective date hereof which do not fully meet all of the design and construction requirements of this article 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 nontoxic. B. Building Construction And Equipment: All food establishments which are hereafter constructed, reconstructed or extensively altered shall conform in such construction to the requirements of this article. New and replacement equipment shall meet the requirements of this article as to construction and installation. C. Plan Review For New Construction: Properly prepared plans, including equipment specifications and installation layouts, shall be submitted to the regulatory authority for review and approval before work is begun on the construction of new food establishments or the reconstruction or extensive alteration of existing ones. Section 5: That Section 3-5A-4: SALE OF FOOD PRODUCTS FROM OUTSIDE THE VILLAGE: of the Village Code is hereby amended to read as follows: Food from food establishments outside the jurisdiction of the Village Health Division may be sold within the Village if such food establishments conform to the provisions of this article or to substantially equivalent provisions. To determine the extent of compliance with such provisions, the regulatory authority may accept reports from the responsible authority in other jurisdictions where such food establishments are located. Section 6: That Section 3-5A-5: INFECTION SUSPECTS: of the Village Code is hereby amended to read as follows: When the regulatory authority has reasonable cause to suspect the possibility of disease transmission from any food establishment or employee, they shall make such investigation as may be indicated, including the morbidity history of suspected employees, and take appropriate action. The regulatory authority may require any or all of the following measures: A. The immediate closure of the food establishment concerned until, in the opinion of the regulatory authority, no further danger of disease outbreak exists. Upon such closure, the establishment may open only upon written notice from the regulatory authority. B. The immediate exclusion of the employee from food establishments. C. Restriction of the employee's services to some area of the food establishment where there would be no danger of transmitting disease. D. Adequate medical and laboratory examinations of the employee and, if deemed necessary, other employees. Section 7: That Section 3-5A-6: EXAMINATIONS AND INSPECTIONS: of the Village Code is hereby amended to read as follows: A. Examination of Food Samples: Samples of food and other substances may be determined or sampled by the regulatory authority as often as may be necessary to determine freedom from adulteration and misbranding and determine bacteriological contact. The regulatory authority may request the condemnation of or request the removal, destruction or denaturing of any food which is unwholesome, adulterated or misbranded. The regulatory authority may, upon written notice to the owner or person in charge, place a tag or hold order on any food which they determine, or have 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 regulatory authority, and neither such food or the containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of or destroyed without permission of the regulatory authority, except on order by a court of competent jurisdiction. The regulatory 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 Article; provided, that such order shall be stayed if the order is appealed to a court of competent jurisdiction within three (3) days. B. Inspection Frequency: An inspection of a food 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 Article. C. Entry Powers: Representatives of the regulatory authority, 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 Article. The representatives shall be permitted to examine the records of the food establishment and operator to obtain information pertaining to food and supplies purchased, received or used, and persons employed. D. Report of Inspections: Whenever an inspection of a food establishment is made, the findings shall be recorded on an inspection report form. The inspection report form shall summarize the requirements of this Article. Inspectional remarks shall be written to reference, by section number, the section violated and shall state the correction to be made. A copy of the completed inspection report form shall be furnished to the person in charge of the food 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. E. Correction of Violations: 1. 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: a. If an imminent health hazard exists, such as a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent foodborne illness outbreak, gross insanitary occurrence, severe pest infestation, inadequate refrigeration, or condition or other circumstance that may endanger public health, the food establishment shall immediately cease operations. Operations shall not be resumed until authorized by the regulatory authority. b. In the case of temporary food establishments, all violations shall be corrected or the food establishment shall immediately cease operations until authorized to resume by the regulatory authority. 2. The inspection report shall state that failure to comply with any time limits for corrections may result in cessation of operations. An opportunity for hearing on the inspection findings or the time limitations 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. 3. Whenever a food establishment is required 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. Section 8: That the Village Clerk is authorized to publish this Ordinance in pamphlet form. Section 9: That this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. VOTE: AYES:6 NAYS:0 ABSENT:0 PASSED this 2611 day of March 2019. APPROVED this 26th day of March 2019. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk PUBLISHED this 29th day of March 2019 in pamphlet form.