HomeMy WebLinkAboutORDINANCE - 1035 - 1/13/1976 - ADOPT FOOD SERVICE ORDORDINANCE NO." 1035
AN ORDINANCE ADOPTING BY REFERENCE THE UNITED STATES PUBLIC HEALTH SERVICE
FOOD SERVICE SANITATION ORDINANCE AND CODE.
WHEREAS, the Department of Public Health of the United States has prepared
an Ordinance defining food, potentially hazardous food, adulterated, misbranded
food service establishment, temporary food service establishment, health authority,
utensils, equipment, etc.; providing for the sale of only unadulterated, wholesome,
properly branded foods; regulating the sources of food; establishing sanitation
standards for food, food protection, food -service personnel, food -service operations,
food equipment and utensils, sanitary facilities and controls, and other facilities;
requiring permits for the operation of food -service establishments; and providing
for the examination and condemnation of food; and
WHEREAS, the statues of the State of Illinois provide the adoption of such
codes by local municipalities; and
WHEREAS, the President and Board of Trustees of the Village of Elk Grove
Village find and believe that the adoption by the Village of the United States
Public Health Service Food Service Sanitation Ordinance and Code is in the best
interest of the Village.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the
Village of Elk Grove Village, Cook and DuPage Counties, Illinois, as follows:
Section 1: That the 1962 Edition of the United States Public Health Service
Food Service Sanitation Ordinance and Code, a copy of which is attached hereto as
Exhibit "A", is hereby adopted and incorporated by reference into the Municipal
Code of the Village of Elk Grove Village, as Article IV of Chapter 16 thereof,
subject to the additions, amendments and deletions hereinafter enumerated.
Section 2: That the above code shall be amended as follows:
A. That Paragraph 18 of Section A and Paragraph 2 of Section B wherein
they refer to safe temperature of 45 degrees fehrenheit and below
be amended by substituting therefore "40 degrees fehrenheit and
below".
B. That the words "municipality of ...................... in said code
shall be understood to refer to the "Village of Elk Grove Village"
C. That Section H. Enforcement Provisions shall be and the same is
hereby deleted.
D. That said Code shall be amended by adding thereto Section H which
shall read as follows:
H. Enforcement Provisions, permits, penalty.
1. Permits: It shall be unlawful for any person to operate a food service
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.
a. Issuance of Permits: Any person desiring to operate a food -service
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 partner-
ship, the name of the partners, together with their addresses shall
be included; the location and type of the proposed food -service
establishment; and the signature of the applicant or applicants.
If the application is for a temporary food -service establishment,
it shall also include the inclusive dates of the proposed operation.
Upon receipt of such an application, the health authority shall
make an inspection of the food -service establishment to determine
compliance with the provisions of this ordinance. When.inspection
reveals that the applicable requirements of this ordinance have been
met, a permit shall be issued to the applicant by the health
authority.
b. Temporary Suspension of Permits: Permits may be suspended tem-
porarily 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 Section H. 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 will be provided if a written
request fora hearing is filed with the health authority by the
permit holder.
Notwithstanding the other provisions of this ordinance, whenever
the health authority finds unsanitary or other conditions in the
operation of a food -service establishment which, in his judgment,
constitute a substantial hazard to the public health, he may with- —
out 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.
c. 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 10 days
following receipt of a written request, including a statement signed
by the applicant that in his opinion the conditions causing suspen-
sion of the permit have been corrected, the health authority shall
make a reinspection. If the applicant is complying with the re-
quirements of this ordinance the permit shall be reinstated.
d. 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 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 5 day period. A permit may be suspended for cause pending its
revocation or a hearing relative thereto.
e. Hearings: The hearings provided for in this section 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 other than
that stated in Section B 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.
2. Inspection of Food -Service Establishments: At least once every 3 months, the
health authority shall inspect each food -service 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.
a. Access to Establishments: The health authority, after proper identifi-
cation, shall be permitted to enter, at any reasonable time, any food-
service establishment within the municipality of Elk Grove Village,
for the purpose of making inspection.to determine compliance with this
ordinance. He shall be permitted to examine the records of the
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establishment to obtain pertinent information pertaining to food
and supplies purchased, received, or used, and persons employed.
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.
b. Inspection Records: Whenever the health authority makes an inspec-
tion of a food -service 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.
c. 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.
3. 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 bac-
terological contact. The health authority may order condemnation of and
forbid the sale of, or cause to be removed, destroyed or denatured, any
food which is unwholesome, adulterated, or misbranded. Failure to comply
with the health authority's order will constitute a violation of this ordi-
nance subject to punishment under Section 8 without permit suspension or
revocation.
4. Food -Service Establishments: From and after the effective date of this
ordinance, no existing food -service establishment shall continue to operate
within the Village of Elk Grove Village unless it conforms with the require-
ments of this ordinance; provided, however, that equipment and facilities,
installed in a food -service 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 establish-
ment if they are in good repair, capable of being maintained in a sanitary
condition, and the food -contact surfaces are non-toxic.
a. New Food -Service Establishments: All food -service 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 re-
quirements of this ordinance as to construction and installation.
b. Plan Review - New Construction: Properly prepared plans, including
equipment specifications and installation layouts, shall be submitted
to the health authority for review and approval before work is begun
on the construction of new food -service establishments or the recon-
struction or extensive alteration of existing ones.
5. Food -Service Establishments from Other Jurisdictions: Food from food -service
establishments outside the jurisdiction of the Village of Elk Grove Village
Health Department may be sold within the Village if such food -service establish-
ments 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 are located.
6. Procedure when Infection is Suspected: When the health authority has rea-
sonable cause to suspect possibility of disease transmission from any food-
service 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 may require any or all of
the following measures:
a. The immediate closure of the food -service 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.
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b. The immediate exclusion of the employee from all food -service
establishments.
c. Restriction of the employee's services to some area of the
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.
7. Enforcement Interpretation: This ordinance shall be enforced by the health
authority in accordance with the interpretations thereof contained in the
compliance provisions of the 1962 Edition of the "United States Public
Health Service Food -Service Sanitation Ordinance and Code", three certified
copies of which shall be on file in the municipal clerk's office.
8. 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
$25.00 nor more than $500.00 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.
9. Repeal and Date of Effect: This ordinance shall be in full force and
effect immediately after its adoption and publication as provided by law;
and, at that time, all ordinances and parts of ordinances in conflict
with this ordinance are hereby repealed.
10. Unconstitutionality Clause: Should any section, paragraph, sentence, clause,
or phrase of this ordinance be declared unconstitutional or invalid for any
reason, the remainder of said ordinance shall not be affected thereby.
11. Adoption of Revised Code: Should a new Public Health Service Food Service
Sanitation Code be adopted by the U. S. Public Health Service, the Village
of Elk Grove Village would automatically adopt by reference this new code.
Section 3: The Village Clerk is hereby directed to provide three (3)
certified copies of the United States Public Health Service Food Service
Sanitation Ordinance and Code in the Office of the Village Clerk.
Section 4: That the Village Clerk is hereby directed to publish this
Ordinance in pamphlet form.
Section 5: That any person, firm or corporation who violates any of the
provisions of this ordinance shall be subject to a fine or not less than $25.00
nor more than $500.00 for each occurrence. A separate occurrence shall be
deemed committed on each day on which day the violation continues or exists.
Section 6: That this Ordinance shall be in full force and effect from and
after its passage, approval and publication according to law.
PASSED this 13th day of January , 1976.
APPROVED this 13th day of January , 1976.
VOTES: AYES: 6 NAY: 0 ABSENT: 0
ATTEST:
Village CrArk
Published in pamphlet form this 23rd day of January , 1976 in the Elk Grove Herald.
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