The following definitions shall apply in the interpretation
and the enforcement of this article:
The condition of a food if:
It bears or contains any poisonous or deleterious substance
in a quantity which may render it injurious to health;
It bears or contains any added poisonous or deleterious substance
for which no safe tolerance has been established by regulation, or
in excess of such tolerance if one has been established;
It contains, in whole or in part, any filthy, putrid, or decomposed
substance, or if it is otherwise unfit for human consumption;
It has been processed, prepared, packed or held under unsanitary
conditions, whereby it may have become contaminated with filth or
whereby it may have been rendered injurious to health;
It is in whole or in part the product of a diseased animal,
or an animal which has died otherwise than by slaughter; or
The containers are composed in whole or in part of any poisonous
or deleterious substance which may render the contents injurious to
health.
Acceptable or sufficient as determined by the health authority.
Any person working in a food-service establishment or retail
food store who transports food or food containers, who engages in
food preparation, packaging, or service, or who comes in contact with
any food utensils or equipment.
All stoves, ranges, hoods, meat blocks, tables, counters,
refrigerators, sinks, dish-washing machines, steam tables, and similar
items, other than utensils, used in the operation of a food-service
establishment or retail food store.
Any raw, cooked, or processed edible substance, beverage,
or ingredient used or intended for use or for sale in whole or in
part for human consumption.
Any fixed or mobile restaurant; coffee shop, cafeteria; short-order
cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain;
tavern; bar; cocktail lounge; nightclub; roadside stand; industrial-feeding
establishment; private, public, or nonprofit organization or institution
routinely serving food; catering kitchen; commissary or similar place
in which food or drink is prepared for sale or for service on the
premises or elsewhere; and any other eating or drinking establishment
or operation where food is served or provided for the public with
or without charge.
All multi-use utensils other than tableware used in the storage,
preparation, conveying, or serving of food.
Includes state and local statutes, ordinances, and regulations.
The presence of any written, printed, or graphic matter,
upon or accompanying food or containers of food, which is false or
misleading, or which violates any applicable state or local labeling
requirements.
Bottled, canned, cartoned, or securely wrapped.
Any food of such type or in such condition as may spoil.
Any food-service establishment or retail food service which
operates at a fixed location for a period of time exceeding 14 days.
An individual, a firm, partnership, company, corporation,
trustee, association or public or private entity who or which is directly
or indirectly responsible for the operation of a food-service establishment
or retail store.
An individual, or a firm, partnership, company, corporation,
trustee, association, or any public or private entity.
The individual present in a food-service establishment who
is the supervisor of the food-service establishment at the time.
Any perishable food which consists in whole or in part of
milk or milk products, eggs, meat, poultry, fish, shellfish, or other
ingredients capable of supporting rapid and progressive growth of
infectious or toxigenic microorganisms.
Retail grocery meat market, poultry market, fish market,
fresh fruit and vegetable market, confectionery, nut store, retail
bakery, or any other establishment, whether fixed or movable, where
food, intended for human consumption off the premises, is prepared,
handled, transported, sold or offered for sale at retail.
All multi-use eating and drinking utensils, including flatware
(knives, forks and spoons).
Any food-service establishment which operates at a fixed
location for a temporary period of time not to exceed two weeks, in
connection with a fair, carnival, circus, public exhibition, or similar
transitory gathering.
Any retail food store which operates at a fixed location
for a temporary period of time not to exceed two weeks.
Any tableware and kitchenware used in the storage, preparation,
conveying or serving of food.
In sound condition, clean, free from adulteration, and otherwise
suitable for use as human food.[3]
[1]
Editor's Note: This section was amended at time of adoption of Code (see Ch. 30, General Provisions, Art. 2) to repeal the following definitions: approved, authorized representative, Board of Health, closed, corrosion-resistant material, easily cleanable, food-contact surfaces, food-processing establishment, mobile food-service establishment, safe temperatures, sanitizing, sealed, and single-service articles.
In addition to those provisions set forth in this Article 14
and other ordinances of the City Code of Hometown for food sanitation,
the City hereby adopts by reference the provisions set forth in the
State of Illinois Department of Public Health Rules and Regulations
for Food Service Sanitation,[1] and the provisions set forth in the State of Illinois
Department of Public Health Rules and Regulations for Retail Food
Store Sanitation,[2] and any subsequent amendments or revisions thereto, three certified copies of each of which shall be on file in the office of the City Clerk. If any provision of this Chapter 11 is in conflict with said rules and regulations, the rules and regulations shall prevail.
It shall be unlawful for any person to operate a food-service
establishment or retail food store within the City of Hometown, State
of Illinois, who does not possess a valid permit issued to him by
the health authority and a license issued by the City. Only a person
who complies with the requirements of this ordinance shall be entitled
to receive a permit or license. Permits and licenses shall not be
transferable from one person to another person or place. A valid permit
and license shall be posted in a conspicuous place in every food-service
and retail food establishment. Permits for permanent food-service
establishments and retail food stores shall expire at the end of the
license year following the date of issuance. Permits for temporary
food-service establishments and temporary retail food stores shall
be issued for a period of time not to exceed 14 days.
(A)
Issuance of permits.
(1)
Any person desiring to operate a food-service establishment
or retail food store or to renew an expired permit 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 partnership, the names of partners, together
with their addresses, shall be included; the location and type of
the proposed food-service establishment or retail food store; and
the signature of the applicant or applicants; if the application is
for a temporary food-service establishment or temporary-retail food
store, it shall also include the inclusive dates of the proposed operation.
(2)
Upon receipt of such an application, the health authority shall
make an inspection of the establishment to determine compliance with
the provisions of this article. When inspection reveals that the applicable
requirements of this article have been met, a permit shall be issued
to the applicant by the health authority.
(B)
Issuance of licenses. No person shall operate a food-service establishment
without a license as provided in this article. No license shall be
issued before a permit is secured.
(C)
Renewal of permit. Whenever the inspection for renewal of a permit
reveals serious or repeated violations of this article, the permit
will not be issued and the health authority shall notify the applicant
immediately thereof. Such notice shall state the reasons for not renewing
the permit. Such notice shall also state that an opportunity for a
hearing shall be provided for the applicant at a time and place designated
by the health authority. Such hearing shall be scheduled not later
than 10 days from the date of the notice. The notice referred to in
this subsection shall be delivered to the applicant in person by the
health authority or may be sent by registered mail, return receipt
requested. A permit which has expired shall be removed from the establishment
by the health authority.
(D)
Suspension of permits.
(1)
Permits may be suspended temporarily by the health authority
for failure of the permit holder to comply with the requirements of
this article. Whenever a permit holder or operator has failed to comply
with any notice issued under the provisions of this article, 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 for a hearing
is filed with the health authority by the permit holder.
(2)
Upon suspension of the permit, the permit shall be removed from
the establishment by the health authority and returned to the Health
Department. Notwithstanding the other provisions of this article,
whenever the health authority finds unsanitary or other conditions
in the operation of a food-service establishment or retail food store
which, in his judgment, constitute a substantial hazard to the public
health, he may, without 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 operations as a food-service establishment or retail food store
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.
(E)
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 suspension of
the permit have been corrected, the health authority shall make a
reinspection. If the applicant is complying with the requirements
of this article, its permit shall be reinstated.
(F)
Revocation of permits and licenses. For serious or repeated violations
of any of the requirements of this article, or for interference with
the health authority in the performance of his duties, the permit
and license may be permanently revoked by the Mayor 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 five days following service of such notice, unless a
request for a hearing is filed with the health authority, by the permit
holder, within such five-day period. If no request for a hearing is
filed within the five-day period, the revocation of the permit and
license becomes final.
(G)
Hearing on suspension or revocation. 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 finding and shall sustain, modify,
or rescind any official notice or order considered in the hearing.
(H)
Application after revocation. Whenever a revocation of a permit or
license has become final, the holder of the revoked permit or license
may make written application for a new permit or license.
(I)
Fees. The annual license fee shall be $75. The licensee shall pay an additional fee based upon the square footage of the business premises as prescribed by § 11.16. Also, the licensee shall pay a fee to the City covering the cost of any inspection. Additional fees for vending machines shall be required. There will be no charge made for such permits to any schools, religious, voluntary, or no-profit-making community organizations and institutions.
It shall be unlawful for any person to engage in or do business
in the processing for sale or the sale of food in the City without
first having secured a license therefor.
At regular intervals, the health authority shall inspect each
food-service establishment and retail food store located in the City
of Hometown, State of Illinois, and shall make as many additional
inspections and reinspections as are necessary for the enforcement
of this article.
(A)
Access to establishment. The health authority, after proper identification,
shall be permitted to enter at any reasonable time any food-service
establishment or retail food store within the City of Hometown, State
of Illinois, for the purpose of making inspections to determine compliance
with this article. He shall be permitted to examine the records of
the establishment to obtain pertinent information pertaining to food
and supplies purchased, received, or used, and persons employed.
(B)
Report of inspection. Whenever an inspection of a food-service establishment or retail food store is made, the findings shall be recorded on the inspection report forms set out in the rules and regulations adopted by § 11.191.
(C)
Correction of violations. 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-service operations. Operations shall
not be resumed until authorized by the regulatory authority.
(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. Within 15 days after the inspection, the holder of the
permit or license shall submit a written report to the regulatory
authority stating that the four- or five-point weighted violations
have been corrected. A follow-up inspection shall be conducted to
confirm correction.
(3)
All one- or two-point 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 will be conducted
at reasonable time intervals to assure correction.
(5)
In the case of temporary food-service establishments, all violations
shall be corrected within 24 hours. If violations are not corrected
within 24 hours, the establishment shall immediately cease food-service
operations until authorized to resume by the regulatory authority.
(6)
The inspection report shall state that failure to comply with
any time limits for corrections may result in cessation of food-service
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 regulatory authority 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.
(7)
Whenever a food-service establishment is required under these
provisions 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.
Whenever the health authority makes an inspection, he shall
record his findings on an inspection report provided for this purpose,
and shall furnish a copy of such inspection report form to the permit
holder or operator. The current inspection report shall be posted
in a conspicuous place in the establishment.
Whenever the health authority makes an inspection of an establishment
and discovers that any of the requirements of this article have been
violated, he shall notify the permit holder or operator of such violations
by means of an inspection report form or other written notice. In
such notification the health authority shall:
(A)
Set forth the specific violations found.
(B)
Establish a specific and reasonable period of time for the correction
of the violations found.
(C)
State that failure to comply with any notice issued in accordance
with the provisions of this article may result in immediate suspension
of the permit or other prosecution.
(D)
State that an opportunity for appeal from any notice or inspection
findings will be provided if a written request for a hearing is filed
with the health authority within the period of time established in
the notice of correction.
Notices provided for under this article shall be deemed to have
been properly served when a copy of the original of the inspection
report form or other notice has been delivered personally to the permit
holder or person in charge, or such notice has been sent by registered
or certified mail, return receipt requested, to the last known address
of the permit holder. The original of such notice shall be filed with
the records of the health authority.
Food may be examined or sampled by the health authority as often as may be necessary to determine freedom from adulteration or misbranding. The health authority may, upon written notice to the owner or person in charge, place a hold order on any food which he determines or has probable cause to believe to be unwholesome or otherwise adulterated or misbranded. Under a hold order, food shall be permitted to be suitably stored. It shall be unlawful for any person to remove or alter a hold order notice or tag placed on food by the health authority, and neither such food nor the containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of, or destroyed without permission of the health authority, except on order of a court of competent jurisdiction. After the owner or person in charge has had a hearing, as provided for in § 11.192, and on the basis of evidence produced at such hearing, or on the basis of his examination in the event a written request for a hearing is not received, within 10 days, the health authority may vacate the hold order, or may by written order direct the owner or person in charge of the food which was placed under the hold order to denature or destroy such food, or bring it into compliance with the provisions of this article.
Food from food-service establishments outside the jurisdiction
of the health authority of the City of Hometown is permitted if such
food-service establishments conform to the provisions of this article
or to substantially equivalent provisions. To determine the extent
of compliance with such provisions, the health authority may accept
reports from responsible authorities in other jurisdictions where
such food-service establishments are located.
When a food-service establishment or retail food store is, hereafter,
constructed or extensively remodeled, or when an existing structure
is converted for use as food-service establishment or retail food
store, properly prepared plans and specifications for such construction,
remodeling, or alteration, showing layout, arrangement, and construction
materials of work areas, and the location, size and type of fixed
equipment and facilities, shall be submitted to the health authority
for approval before such work is begun. Fees may be charged to offset
the cost of plan reviews.
When the health authority has reasonable cause to suspect possibility
of disease transmission from any food-service establishment or retail
food store employee, the health authority shall secure a morbidity
history of the suspected employee, or make such other investigation
as may be indicated, and take the following measures:
(A)
The immediate exclusion of the employee from all food-service establishments
and retail food stores;
(B)
The immediate closure of the establishment concerned until, in the
opinion of the health authority, 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; and
(D)
Adequate medical and laboratory examination of the employee, and
of his or their body discharges.
(A)
In any case where a provision of this article is found to be in conflict
with a provision of any zoning, building, fire, safety, or health
ordinance, or code of the City of Hometown existing on the effective
date of this article, the provision which, in the judgment of the
health authority, establishes the higher standard for the promotion
and protection of the health and safety of the people shall prevail,
in any case where this article is found to be in conflict with a provision
of any other ordinance or code of the City of Hometown existing on
the effective date of this article which establishes a lower standard
for the protection and promotion of the health and safety of the people,
the provisions of this article shall be deemed to prevail, and such
other ordinance or codes are hereby declared to be repealed to the
extent that they may be found in conflict with this article.
(B)
If any section, subsection, paragraph, sentence, clause or phrase
of this article should be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of this article,
which shall remain in full force and effect; and to this end the provisions
of this article are hereby declared to be severable.
