[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:
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.
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]A sleeping room rented to serve no more than two transient
guests per night.
The Monroe County Health Department.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
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.
