[HISTORY: Adopted by the Mayor and Board of Trustees of the
Village of Flossmoor 5-20-1996 by FMC-319 (Ch. 21, Art. VIII, of the 1964 Code). Amendments
noted where applicable.]
The issuance, suspension, and revocation of permits, licenses, or certificates to operate retail food establishments; the prohibiting of the sale of unsound or mislabeled food or drink; and the enforcement of this chapter shall be regulated in accordance with § 163-1-3 of this chapter concerning the compliance procedures. The inspection of food service establishments shall be regulated in accordance with the 1993 and all subsequent editions or amendments to the Illinois Department of Public Health's publication currently titled, "Retail Food Store Sanitation Code," that is on file with the Secretary of State.
[Amended 7-7-2014 by Ord.
No. 2014-1783]
Three copies of each of the Illinois Department of Public Health's
publications currently titled "Food Service Sanitation Code" and "Retail
Food Store Sanitation Code" shall be on file at the Village Hall offices.
No person shall operate a food establishment who does not have
a valid permit, license, or certificate issued to them by the Village
of Flossmoor. Only a person who complies with the requirements of
this chapter shall be entitled to receive or retain such a permit,
license, or certificate. Permits, licenses, or certificates are not
transferable. A valid permit, license, or certificate shall be posted
in every food establishment.
A.
Any person desiring to operate a food establishment shall make written
application for a permit, license, or certificate on forms provided
by the Village of Flossmoor. Such application shall include the name
and address of each applicant, the location and type of the proposed
food establishment, and the signature of each applicant.
B.
Prior to approval of an application for a permit, license, or certificate,
the Village of Flossmoor and the Cook County Department of Public
Health shall inspect the proposed food establishment to determine
compliance with the requirements of this chapter.
C.
The Village of Flossmoor shall issue a permit, license, or certificate
to the applicant if its inspection reveals that the proposed food
establishment complies with the requirement of this chapter.
A.
The Village of Flossmoor may, without warning, notice, or hearing,
suspend any permit, license, or certificate to operate a food establishment
if the holder of the permit, license, or certificate does not comply
with the requirements of this chapter, or if the operation of the
establishment does not comply with the requirements of this chapter,
or if the operation of the food establishment otherwise constitutes
a substantial hazard to public health.
B.
Suspension is effective upon service of the notice required by Subsection C of this section. When a permit, license, or certificate is suspended, food operations shall immediately cease. Whenever a permit, license, or certificate is suspended, the holder of the permit, license, or certificate shall be afforded an opportunity for hearing within 20 days of receipt of a request for hearing.
C.
Whenever a permit, license, or certificate is suspended, the holder
of the permit, license, or certificate or the person in charge shall
be notified, in writing, that the permit, license, or certificate
is, upon service of the notice, immediately suspended and that an
opportunity for hearing will be provided if a written request for
hearing is filed with the Village of Flossmoor by the holder of the
permit, license, or certificate within 10 days. If no written request
for hearing is filed within 10 days, the suspension is sustained.
The Village of Flossmoor may end the suspension at any time if reasons
for suspension no longer exist.
A.
The Village of Flossmoor may, after providing opportunity for hearing,
revoke the permit, license, or certificate for serious or repeated
violations of any of the requirements of this chapter or for the interference
with the Village of Flossmoor or the Cook County Department of Public
Health in the performance of duty.
B.
Prior to revocation, the Village of Flossmoor shall notify, in writing,
the holder of the permit, license, or certificate or the person in
charge of the specific reason(s) for which the permit, license, or
certificate is to be revoked and that the permit, license, or certificate
shall be revoked at the end of the 10 days following service of such
notice unless a written request for hearing is filed with the Village
of Flossmoor by the holder of the permit, license, or certificate
within such ten-day period. If no request for hearing is filed within
the ten-day period, the revocation of the permit, license, or certificate
becomes final.
A notice provided for in this chapter is properly served when
it is delivered to the holder of the permit, license, or certificate
or the person in charge or when it is sent by registered or certified
mail, return receipt requested, to the last known address of the holder
of the permit, license, or certificate. A copy of the notice shall
be filed in the records of the Village of Flossmoor.
The hearings provided for in this chapter shall be conducted
by the Village of Flossmoor at a time and place designated by it.
Any oral testimony given at a hearing shall be reported verbatim,
and the presiding officer shall make provision for sufficient copies
of the transcript. The Village of Flossmoor shall make a final finding
based upon the complete hearing record and shall sustain, modify,
or rescind any notice or order considered in the hearing. A written
report of the hearing decision shall be furnished to the holder of
the permit, license, or certificate by the Village of Flossmoor.
Whenever a revocation of a permit, license, or certificate has
become final, the holder of the revoked permit, license, or certificate
may make written application for a new permit, license, or certificate.
An inspection of a food establishment shall be performed at
a frequency prescribed by the Village of Flossmoor. Additional inspections
of the food establishment shall be performed as often as necessary
for the enforcement of this chapter.
Duly authorized representatives of the Village of Flossmoor
or the Cook County Department of Public Health, 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 chapter. The representatives shall be permitted to examine
the records of the establishment to obtain information pertaining
to food and supplies purchased, received, or used.
[Amended 7-7-2014 by Ord.
No. 2014-1783; 5-20-2019 by FMC-2019-8]
Whenever an inspection of a food establishment is made, the
findings shall be recorded on the inspection form as approved by the
Building and Zoning Administrator. The inspection report form shall
summarize the requirements of this chapter and shall set forth a weighted
point value for each requirement. Inspectional remarks should be written
to reference, by item number, the item violated and should state the
correction to be made. The rating score of the establishment shall
be the total of the weighted point values for all violations, subtracted
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.
A.
The completed inspection report form shall specify a reasonable period
of time for the correction of the violations 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 operations. Operations shall not resume
until authorized by the Cook County Department of Public Health.
(2)
All violations of four or five point weighted items shall be
corrected as soon as possible, but in any event, within 10 days following
inspection. A follow-up inspection to confirm correction may be conducted
at the discretion of the Cook County Department of Public Health.
(3)
All one or two 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 60,
the establishment shall initiate corrective action on all identified
violations within 48 hours. One or more reinspections may be conducted
at reasonable time intervals to assure correction.
(5)
In the case of temporary food establishments, all violations
shall be corrected within 24 hours. If violations are not corrected
within 24 hours, the establishment shall immediately cease food operations
until authorized to resume by the Cook County Department of Public
Health.
B.
The inspection report shall state that failure to comply with any
time limits for corrections may result in cessation of food 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 Village of Flossmoor within 10 days following cessation of
operations. If a request for hearing is received, a hearing shall
be held within 20 days of receipt of the request.
C.
Whenever a food establishment is required under the provisions of this § 163-1-13 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.[1]
[1]
Editor's Note: Original Section 16, Inspection Report Form,
of the 1964 Code, which immediately followed this section, was repealed
7-7-2014 by Ord. No. 2014-1783.
Food may be examined or sampled by the Cook County Department
of Public Health as often as necessary for enforcement of this chapter.
The Cook County Department of Public Health may, upon written notice
to the owner or person in charge, specifying with particularity the
reasons therefor, place a hold order on any food which it believes
is in violation of Sections 750.100, 750.110, 760.100, or 760.110
of the Illinois Department of Public Health's "Food Service Sanitation
Code" or the "Retail Food Store Sanitation Code,"[1] respectively, or any other section of this chapter. The
Cook County Department of Public Health shall tag, label or otherwise
identify any food subject to the hold order. No food subject to a
hold order shall be used, served, or moved from the establishment.
The Cook County Department of Public Health shall permit storage of
the food under conditions specified in the hold order, unless storage
is not possible without risk to the public health, in which case immediate
destruction shall be ordered and accomplished. The hold order shall
state that a request for hearing may be filed within 10 days and that
if no hearing is requested the food shall be destroyed. If a request
for hearing is received, the hearing shall be held within 20 days
after receipt of the request. On the basis of evidence produced at
that hearing, the hold order may be vacated, or the owner or person
in charge of the food may be directed by written order to denature
or destroy such food or to bring it into compliance with the provisions
of this chapter.
[1]
Editor's Note: See Ill. Admin. Code Title 77, §§ 750.11,
750.110, 760.100 or 760.110.
Whenever a food establishment is constructed or extensively
remodeled and whenever an existing structure is converted to use as
a food establishment, properly prepared plans and specifications for
such construction, remodeling, or conversion shall be submitted to
the Village of Flossmoor and the Cook County Department of Public
Health for review and approval before construction, remodeling, or
conversion is begun. The plans and specifications shall indicate the
proposed layout, arrangement, mechanical plans, and construction materials
of work areas, and the type and model of proposed fixed equipment
and facilities. The Village of Flossmoor and the Cook County Department
of Public Health shall approve the plans and specifications if they
meet the requirements of this chapter. No food establishment shall
be constructed, extensively remodeled, or converted except in accordance
with plans and specifications approved by the Village of Flossmoor
and the Cook County Department of Public Health.
Whenever plans and specifications are required by § 163-1-15 of this chapter to be submitted to the Village of Flossmoor and the Cook County Department of Public Health, the Village of Flossmoor and the Cook County Department of Public Health shall inspect the food establishment prior to the start of operations, to determine compliance with the approved plans and specifications and with the requirements of this chapter.
When the Cook County Department of Public Health has reasonable
cause to suspect possible disease transmission by an employee of a
food establishment, it may secure a morbidity history of the suspected
employee or make any other investigation as indicated and shall take
appropriate action. The Cook County Department of Public Health may
require any or all of the following measures:
A.
The immediate exclusion of the employee from employment in food establishments;
B.
The immediate closing of the food establishment concerned until,
in the opinion of the Cook County Department of Public Health, no
further danger of disease outbreak exists;
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 examination of the employee and of
other employees and of his and their body discharges.
In the event a reinspection is deemed necessary by the inspection,
the cost of any and all subsequent reinspections shall be borne by
the holder of the permit, license, or certificate.
When structural, plumbing, electrical, ventilation, or similar
such defects exist in an established food facility that may require
significant expenditures to correct, but are not considered to be
imminent health hazards, a conditional permit, license, or certificate
may be granted at the discretion of the Village of Flossmoor. Under
no circumstances will a conditional permit, license, or certificate
be issued for more than two consecutive twelve-month periods. The
purpose of the conditional license or permit is to allow a reasonable
period of time for correction of existing defects.[1]
[1]
Editor's Note: Original Section 23, Penalties, of the 1964
Code, which immediately followed this section, was repealed 7-7-2014
by Ord. No. 2014-1783.
The Village of Flossmoor shall have the right to enjoin any
person or establishment in the event violations occur on a continuing
basis.
