[Amended 4-24-2023 by Ord. No. 2023-3685]
This Article 5 provides for: the regulation of food establishments;
food processing establishments; mobile food units; temporary food
service establishments; regulatory authority; utensils; equipment;
and the like. It provides for: the sale of only properly labeled food;
regulation of the sources of food; the establishment of sanitation
standards for food; food protection; food personnel; food operations;
food equipment and utensils; sanitary facilities and controls and
other facilities; requires permits, licenses or certificates for the
operation of food service establishments and retail food stores; regulates
the inspection of such establishments; the examination and condemnation
of food; the enforcement of the U.S. Food and Drug Administration
Food Code and the Illinois Food Code (Title 77, Part 750 of the Illinois
Administrative Code); the enforcement of this Article 5; and the affixing
of penalties.
[Amended 4-24-2023 by Ord. No. 2023-3685]
(A)
The
U.S. Food and Drug Administration Food Code, 2017 Edition, and the
Illinois Food Code (Title 77, Part 750 of the Illinois Administrative
Code) are hereby adopted by reference, and are hereby made a part
of this Article 5 with the same force and effect as if fully set forth
herein.
(B)
The issuance, suspension and revocation of licenses to operate retail food establishments; the prohibiting of sale of unsound or mislabeled food or drink; and the enforcement of this Article 5, shall be regulated in accordance with Section 9-5-6 of this Code concerning compliance procedures.
(C)
The inspection of food service establishments shall be regulated
in accordance with the Illinois Food Code.
(D)
The inspection of retail food stores shall be regulated in accordance
with the U.S. Food and Drug Administration Food Code, 2017 Edition.
(A)
An application filed with the Village pursuant to Section 9-1-5 of this Code for a food establishment shall include, in addition to the requirements set forth in Section 9-1-5 of this Code, the plans and specifications for any construction or remodeling proposed in connection with the commencement of operations of the proposed food establishment, which plans and specifications shall: (1) comply with the applicable provisions of Chapter 14 of this Code; and (2) indicate the proposed layout, arrangement, mechanical plans and construction materials of work areas and the type and model of proposed fixed equipment and facilities.
(B)
If an application for a food establishment is filed with the Village pursuant to Section 9-1-5 of this Code by any applicant for whom a business license for a food establishment was revoked, the new business license shall not be issued prior to submission by the applicant of proof that the primary owner or manager of the proposed new food establishment has successfully completed a food service sanitation training class offered by the State of Illinois or its authorized representative.
[Amended 4-24-2023 by Ord. No. 2023-3685]
In addition to the inspections required pursuant to Section 9-1-6 of this Code and the codes adopted by reference pursuant to Section 9-5-2(A) of this Code, food establishments shall be subject to the following additional inspections:
(A)
New applicant inspection. Prior to issuance of a business license for a food establishment, the Village shall physically inspect the proposed business location to ensure compliance with: (1) the requirements of this Article 5; and (2) any plans or specifications submitted pursuant to Section 9-5-3(A) of this Code.
(B)
Ongoing inspections. Duly authorized representatives of the Village shall inspect each food establishment within the Village as provided in the FDA Food Code Risk Categorization of Food Establishments, Appendix B-3, Table 1 (set forth below for reference), or as often as necessary to ensure compliance with this Article 5. The business licensee shall permit Village representatives to enter the food establishment at any reasonable time for the purpose of making the inspections required pursuant to this Chapter 9. The representatives of the Village shall be permitted to examine the records of the food establishment to obtain information pertaining to food and supplies purchased, received or used.
(1)
Risk
Category 1 food establishments, as described in the FDA Food Code,
must be inspected a minimum of one time per year.
(2)
Risk
Category 2 food establishments, as described in the FDA Food Code,
must be inspected a minimum of two times per year.
(3)
Risk
Categories 3 and 4 food establishments, as described in the FDA Food
Code, must be inspected a minimum of three times per year.
(C)
Report of inspections.
(1)
Inspection form. The results of each inspection performed pursuant to this Section 9-5-4 shall be recorded on a U.S. FDA Food Code inspection report form. The inspection report form shall summarize the requirements of this Article 5. Inspectional remarks shall be written to reference by item number the item violated and shall state any corrections 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.
(2)
Identification of hazards. If a Village inspector or other duly
authorized Village representative finds hazards on the licensed premises,
he or she shall immediately inform authorities empowered under Village
ordinance, county ordinance, or state or federal statute in order
to correct or prevent the reoccurrence of such hazards.
Every food establishment licensed pursuant to this Chapter 9 shall be kept in a clean and sanitary condition. All necessary measures shall be taken to safeguard the lives and health of all persons served by or employed in such establishments. All articles kept for sale in such establishments shall be kept free from vermin or any matter of a contagious or infectious nature.
[Amended 4-24-2023 by Ord. No. 2023-3685]
Food may be examined or sampled by the Village as often as necessary
for enforcement of this Article 5. The Village 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 the U.S. Food and Drug Administration Food Code,
2017 Edition, and the Illinois Food Code, or of any section of this
Article 5. The Village 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 Village 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 destroy such food or to bring it into compliance with the
provisions of this Article 5.
Notwithstanding other regulations of this Code providing for
any food or food service related regulations, it shall be unlawful
to sell, offer for sale or peddle from any food vending vehicle, motor
vehicle, mobile food unit, cart or pushcart of any kind, tent, stand,
or booth located in the Village, but not located in a retail food
store: raw or frozen uncooked meat; live, raw or frozen uncooked poultry;
or live, fresh or frozen uncooked fish or seafood products, irrespective
of whether all such meat, poultry, fish or seafood is sold in bulk
or prepackaged.
In addition to the requirements and restrictions set forth in
this Article 5, the following additional restrictions apply to all
food vending vehicles:
(A)
All foods must be individually packaged and shall be labeled to identify
contents and the name and address of the supplier, provided that receipts
for packaged, unlabeled, bakery items are acceptable.
(B)
All vehicles shall have the name of the licensed firm written or
printed on the vehicle so that it is clearly visible from a distance
of 50 feet.
(C)
All such vehicles shall have a mechanical refrigeration system subject
to the approval of the Village.
(D)
Food vending vehicles shall be subject to all applicable provisions
of the Codes and regulations referenced in this Article 5.
(E)
All vehicles shall display a current Village license, or a valid
license or permit from the jurisdiction in which such vehicle is based.
(F)
Inspections. Inspections shall be made of all food vending vehicles as provided herein. It shall be the responsibility of the business licensee to arrange with the Village for required inspections. The Village or its designee will make, or cause to be made, such inspections as may be necessary to ensure compliance with the provisions of this Chapter 9 and Article 5 and all other ordinances relating hereto.
(G)
Driver/operator violations; suspension; revocation. In addition to
the other requirements and restrictions set forth herein, all drivers
or operators of food vending vehicles shall be deemed agents of the
licensed company. Should any driver or employee of the business licensee
commit a violation or violations applicable to this Code on three
or more separate occasions in any twelve-month period, the Village
shall have the right, in addition to its right to impose all fines
or to suspend or revoke the business license, to prohibit the driver
to continue driving a food vending vehicle in the Village.
Food from food establishments located outside the jurisdiction
of the Village may be sold within the Village if such food establishments
conform to all applicable Village and county ordinances, state regulations,
laws, codes and federal laws, codes and regulations. The Village may,
but need not, accept inspection reports from responsible authorities
(e.g., the state, county or local board of health or other proper
enforcing agency) in other jurisdictions where such food establishments
are located, that such extraterritorial food establishment is in compliance
with all of the requirements of that jurisdiction's sanitation and
health code and that such other jurisdiction's sanitation and health
code provisions are substantially equivalent to that of the Village.
On receipt of such reports the Village may permit the sale or serving
of the products from such extraterritorial food establishments in
the Village as long as the establishment remains in compliance with
the requirements of the applicable code.
When the Village 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 investigations
as indicated and shall take appropriate action. The Village Manager
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 Village Manager, 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)
Medical and laboratory examination of the employee and of other employees
and of their body discharges.
[Amended 7-17-2012 by Ord. No. 2012-3011; 4-24-2023 by Ord. No. 2023-3685]
The following procedures shall apply to the correction of inspection violations and the failure by food establishments of inspections performed pursuant to Section 9-5-4 of this Code:
(A)
Corrections. 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)
All violations considered "priority violations" shall be corrected
as soon as possible, but in any event within 10 days after the date
of inspection. A follow-up inspection shall be conducted to confirm
correction at the discretion of the Village.
(2)
All violations considered "core violations" or "priority foundation
violations" shall be corrected as soon as possible, but in any event
prior to:
(3)
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 Village.
(4)
The terms "priority," "priority foundation," and "core" have the
same meaning as ascribed to them in the U.S. Food and Drug Administration
Food Code, 2017 Edition.
(B)
Immediate closure. A food establishment shall, upon receipt of a
notice from the Village Manager, immediately cease all operations
upon the occurrence or existence of any of the following:
(1)
The existence of rodent infestation, vermin infestation, lack
of adequate refrigeration, sewage backup into the establishment, or
another imminent or substantial public health hazard, as determined
by the Village Manager; or
(C)
Procedures for resumption of operations by closed establishments. The following procedures shall apply to food establishments closed pursuant to Section 9-5-11(B) of this Code:
(1)
The food establishment shall not resume operations until it
is reinspected and has corrected all priority violations, which reinspection
shall not be performed prior to payment by the business licensee of
the reinspection fee, in the amount set forth in the Annual Fee Resolution;[1] and
(2)
The Village Manager shall notice and conduct a hearing on the possible revocation of the business license in accordance with Section 9-1-16 of this Code if the food establishment does not obtain a reinspection without any priority violations within six months after the date of closure pursuant to this Section 9-5-11.
(D)
Failed inspections.
(1)
Food establishments that receive priority violations and have failed to correct them within 10 days or less shall be closed immediately, pursuant to Section 9-5-11(B) of this Code.
(2)
The following procedures shall apply to food establishments that
receive core or priority foundation violations:
(a)
Upon receipt of written notice from the Village that the food establishment received these violations ("Failed Inspection Notice"), the food establishment shall: (i) correct all violations in accordance with Section 9-5-11(A) of this Code; (ii) schedule a reinspection of the establishment for a date not later than two weeks after the date of the Failed Inspection Notice; and (iii) pay to the Village the reinspection fee, in the amount set forth in the Annual Fee Resolution.
(b)
If the food establishment's reinspection report shows correction of these priority foundation violations, the food establishment shall be permitted to continue operations, provided that the establishment corrects all remaining core violations in accordance with Section 9-5-11(A) of this Code.
(c)
If the food establishment's reinspection report shows no corrections of either core or priority foundation violations, or is not reinspected within two weeks after the date of the Failed Inspection Notice, the food establishment shall be closed immediately, pursuant to Section 9-5-11(B) of this Code.
(E)
Appeal of closure. Whenever a food establishment is closed pursuant to this Section 9-5-11, the business licensee shall have the right to appeal that closure at a hearing before the Village Manager, upon the filing of a written notice of appeal by the business licensee with the Village Manager not more than 10 days after the date of closure. The Village Manager shall conduct the hearing within 20 days after receipt of the written notice of appeal, and shall give the business licensee an opportunity to be heard at the hearing.
The Village shall have the right to enjoin any person or establishment
in the event violations at a food establishment occur on a continuing
basis.
Any notice required pursuant to this Article 5 shall be transmitted
to the business licensee at the licensed premises by personal service
upon the manager on duty, if possible, and/or by registered certified
United States mail to the last known address of the business licensee.
[Amended 4-24-2023 by Ord. No. 2023-3685]
The Village shall have the right, but not the obligation, to
enter into an agreement with contracted third-party inspectional companies,
Cook County, or with any other unit of state or local government with
concurrent jurisdiction within the Village, to designate officials
of that unit of government to carry out, on behalf of the Village,
the inspections and determinations to be made by the Village pursuant
to this Article 5.
