[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:
(a) 
The next routine inspection performed pursuant to Section 9-5-4 of this Code; or
(b) 
As stated on the inspection form for reinspection by the Village inspector.
(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
(2) 
Failure to comply with any time limits for corrections set forth in Section 9-5-11(A).
(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
[1]
Editor's Note: See Ch. A25, Fees.
(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.