City of Columbia, IL
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Columbia as Ch. 5.08 of the 1997 Code. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Bed-and-Breakfast Ordinance."
The following words and phrases shall have the following meanings when used in this chapter, unless the context otherwise requires:
BED-AND-BREAKFAST ESTABLISHMENT
An operator-occupied residence providing accommodations for a charge to the public with no more than five guest rooms for rent, in operation for more than 10 nights in a twelve-month period. The only meal the establishment shall serve is breakfast, and breakfast may be provided to the guests only. Bed-and-breakfast establishments shall not include motels, hotels, boardinghouses or food service establishments.
BUILDING OFFICIAL
The City's Building Official appointed by the Mayor with the advice and consent of the City Council (pursuant to Chapter 79, Article XVII, § 79-17.1, as amended).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
ELECTRICAL INSPECTOR
The City's Electrical Inspector appointed by the Mayor with the advice and consent of the City Council as provided in the City's Electrical Code.
[1]
GUEST ROOM
A sleeping room rented to serve no more than two transient guests per night.
HEALTH OFFICER
The Monroe County Health Department.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
OPERATOR
The owner of the bed-and-breakfast establishment, or the owner's agent, who is required by this chapter to reside in the bed-and-breakfast establishment, or on contiguous property.
[1]
Editor's Note: The definition of "Fire Marshal," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Bed-and-breakfast establishments which serve food shall comply with the following minimum standards:
A. 
Food shall be clean, wholesome, free from spoilage, free from adulteration and misbranding and safe for human consumption. Containers of food shall be stored above the floor, on clean racks, shelves or other clean surfaces in such manner as to be protected from splash or other contamination. Milk of only pasteurized Grade A may be used. Use of home-canned food is prohibited except for jams and jellies.
B. 
Food shall be protected from contamination while being stored, prepared and served, and during transportation. Perishable foods shall be stored at temperatures that will protect them against spoilage. Potentially hazardous food shall be maintained at safe temperatures of 45° F. or below, or 140° F. or above, as appropriate, except during necessary periods of preparation and serving. Frozen foods shall be kept at temperatures that will keep them frozen, except when being thawed for preparation. Potentially hazardous frozen food shall be thawed at refrigeration temperatures or below, quick-thawed as part of the cooking process, or thawed by another method approved by the Health Officer. An indicating thermometer shall be located in each refrigerator. Raw fruits and vegetables shall be washed thoroughly before use. Stuffings, poultry, and pork products shall be cooked to heat all parts of the food to at least 165° F. before being served. Salads made of meat, poultry, potatoes, fish, shellfish or eggs and other potentially hazardous prepared food shall be prepared from chilled products with a minimum of manual contact. Portions of food once served to an individual may not be served again. Laundry facilities shall be separated from food preparation areas. Live animals shall be excluded from food preparation areas.
C. 
No person knowingly infected with a communicable disease that may be transmitted by food handling may work in a bed-and-breakfast establishment.
D. 
If the bed-and-breakfast operator suspects that any employee, family member or the operator himself or herself has a communicable disease, the operator shall notify the Health Officer immediately.
E. 
All operators shall be certified. Certification shall be achieved by successfully completing an examination offered by the local Health Officer as described in the current edition of the State of Illinois Food Service Sanitation Rules and Regulations.
F. 
Persons preparing or serving food or washing utensils shall wear clean outer garments and maintain a high degree of personal cleanliness. They shall wash their hands thoroughly before starting work and as often as necessary while working to remove soil and contaminants. After visiting a toilet room, persons shall wash their hands thoroughly in a lavatory but never in the kitchen sink.
G. 
No one, while preparing or serving food, may use tobacco, alcohol or mind- or mood-altering drugs or medication in any form.
H. 
Utensils shall be kept clean and in good repair.
I. 
Multiuse eating and drinking utensils shall be thoroughly cleaned after each use. Facilities needed for the operations of washing, rinsing and sanitizing shall be provided.
J. 
Pots, pans and other utensils used in the preparation or serving of food or drink and all food storage utensils shall be thoroughly cleaned after each use. Cooking surfaces of equipment, if any, shall be cleaned at least once each day. Non-food contact surfaces of equipment shall be cleaned at intervals that will keep them in a clean and sanitary condition.
K. 
Residential sinks and home-style mechanical dish-washing machines are acceptable facilities for washing multiuse eating and drinking utensils. Utensils shall be air dried.
L. 
Immediately following either manual or mechanical washing of eating and/or drinking utensils, and pots, pans and other cooking utensils, these utensils shall be effectively sanitized by being submerged in a hypochlorite solution with a chlorine concentration continuously maintained in 100 parts per million, or another approved sanitizing solution which shall be used at the concentration tested and approved by the Health Officer. Dishpans may be used to accomplish the final sanitizing rinse.
M. 
The reuse of single-service utensils is prohibited.
Each person who is provided accommodations shall be provided individual soap and clean individual cloths and towels. Clean bed linen in good repair shall be provided for each guest who is provided accommodations and shall be changed between guests and as often as necessary. Clean linen shall be stored and handled in a sanitary manner.
Bed-and-breakfast establishments shall meet the State Fire Marshal's requirements for one- and two-family dwellings. In addition, the following minimum standards shall be required:
A. 
Manual fire extinguishing equipment shall be provided on each floor in accordance with NFPA 10, Standards for the Installation of Portable Fire Extinguishers.
B. 
All combustibles or flammable liquids shall be stored in approved metal containers. There shall be no combustible storage in or under stairways.
C. 
All trash containers shall be metal.
D. 
No cooking facilities shall be permitted in guest rooms.
E. 
All hallways and stairways shall be adequately lighted.
F. 
No portable heating devices shall be permitted in guest rooms.
G. 
The operator shall submit a floor plan of bed-and-breakfast establishments to the Building Official.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
H. 
Smoke detectors shall be provided in each guest room.
The bed-and-breakfast establishment shall provide proof of effective liability insurance that insures the licensee from liability for personal injury and property damage of not less than $100,000 per person.
The bed-and-breakfast establishment shall fulfill the requirements of the Illinois Department of Revenue, including the payment of any applicable hotel taxes.
A. 
It is unlawful to operate a bed-and-breakfast establishment within the corporate limits of the City without having a license from the City. Application for a license to operate a bed-and-breakfast establishment shall be made to the City Clerk, in writing, on a form to be furnished by the City Clerk. The application shall be verified by oath or affirmation, shall be accompanied by a nonrefundable fee in an amount set from time to time by the City Council and shall contain the following information:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
The name, age and address of the applicant;
(2) 
The location and description of the bed-and-breakfast establishment which is to be operated under the license;
(3) 
Whether the applicant has made similar application for a similar license on premises other than described in the application and whether such application was granted or denied.
B. 
License fee; term. The fee for an initial license and the fee for a renewal of a license shall be set from time to time by the City Council. Each license issued hereunder shall be valid for one year and must be renewed each year thereafter in order to remain valid.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Upon an application being prepared and executed by the applicant, it shall be submitted to the City Clerk, who shall refer the same to the Health Officer, the Building Official and the Electrical Inspector for their inspections and recommendations. The City may withhold action on the application for 60 days for investigation of the operator and inspection of the proposed bed-and-breakfast establishment premises before taking action thereon. No license shall be issued or renewed without a recommendation to do so by the Health Officer, Building Official and Electrical Inspector.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
Every licensee shall cause his license to be displayed in plain view and in a conspicuous place on the first floor of the licensed premises.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The City may suspend, revoke or refuse to renew a license issued under this chapter for good cause, as determined by the City Council. Annually the Health Officer, the Building Official and the Electrical Inspector shall inspect each bed-and-breakfast establishment in the City for the purpose of determining whether such establishments are in compliance with this chapter. If such inspection reveals that a bed-and-breakfast establishment is not in compliance with this chapter, the establishment's license shall be suspended, revoked or not renewed, as the case may be. Notwithstanding anything in this section of this chapter to the contrary, no such license shall be suspended, revoked or not renewed except after a public hearing by the City Council with at least three days' prior written notice to the licensee, affording the licensee an opportunity to appear in person and/or by his legal counsel and to be heard by the City Council. The service of the notice may be made by delivering a copy of the notice to the licensee personally, by posting a copy of the notice on the front door of the bed-and-breakfast establishment building or by delivering a copy of the notice to some person who resides on the bed-and-breakfast establishment premises who is over 18 years of age and informing such person of the contents of such notice. The City shall, within five days after such hearing, advise the licensee in writing whether his or her license shall be suspended, revoked or not renewed; stating in the order of suspension, revocation or nonrenewal the reason or reasons for such revocation, suspension or nonrenewal. When the defect or defects complained of in the order of suspension, revocation or nonrenewal are corrected by the licensee or his or her duly authorized agent, the licensee's license shall be reinstated or renewed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Prior to the issuance of a license to operate a bed-and-breakfast establishment, the establishment's buildings and facilities shall be inspected by the City's Building Official to determine that same are in compliance with the City's building codes and ordinances.
Prior to the issuance of a license to operate a bed-and-breakfast establishment, the establishment's buildings and facilities shall be inspected by the City's Electrical Inspector to determine that same are in compliance with the City's electrical codes and ordinances.
Only persons of good moral character shall be eligible for a license under this chapter. Any licensee who fails to operate an orderly and reputable bed-and-breakfast establishment may be subject to suspension, revocation or nonrenewal of his or her license under this chapter. Prior to issuance of a license under this chapter, the City may require the Police Department to run a criminal record search or investigation to determine whether an applicant has a prior criminal record. Any person convicted of an offense involving gambling, alcohol, prostitution or similar offenses involving indecent or immoral conduct may be denied a license under this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Health Officer, Building Official and Electrical Inspector are designated as agents of the City for the purpose of furnishing supervisory administrative services under this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Health Officer, Building Official, Electrical Inspector and other duly authorized agents, officers and employees of the City shall have the right to come upon and be upon the premises of the bed-and-breakfast establishment, with or without notice, at any reasonable time, to inspect the premises of the establishment to determine that the same are being operated and maintained in good and safe order and repair and in compliance with this chapter and the other applicable codes and ordinances of the City.