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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 - 2 - 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. - 3 - I 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. - 4 -