(A) General.
(1) It shall be unlawful for any person to operate a food service establishment or retail food store with the Village of Calumet Park, State of Illinois, who does not possess a valid permit issued to him or her by the Village Clerk.
(2) Only a person who complies with the requirements of this chapter shall be entitled to receive and retail such a permit.
(3) Permits shall not be transferrable from one person to another person or place.
(4) A valid permit shall be posted in a conspicuous place in every food-service and retail food establishment.
(B) Permits.
(1) Permits for permanent food-service establishments and retail food stores shall expire on April 30 next following the date of issuance.
(2) Permits for temporary food-service establishments and temporary retail food stores shall be issued for a period of time not to exceed 14 days.
(C) Issuance of license.
(1) Any person desiring to operate a food service establishment or retail food store or to renew an expired license shall make written application for a permit on forms provided by the Health Authority.
(2) The application shall include: the applicant's full name and post office address and whether the applicant is an individual, firm or corporation, and 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.
(3) 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.
(4) Upon receipt of such an application, the Health Officer shall make an inspection of the establishment to determine compliance with the provisions of this subchapter.
(5) When inspection reveals that the applicable requirements of this subchapter have been met, a license shall be issued to the applicant by the Health Authority.
(D) Renewal of licenses.
(1) Whenever the inspection for renewal of a permit reveals serious or repeated violations of this subchapter, the license will not be issued and the Health Authority shall notify the applicant immediately thereof.
(2) The notice shall state the reasons for not renewing the permit. The 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. The hearing shall be scheduled not later than ten days from the date of the notice.
(3) The notice referred to in this paragraph shall be delivered to the applicant in person by the Health Authority or may be sent registered mail, return receipt requested.
(4) A license which has expired shall be removed from the establishment by the Health Authority.
(E) Suspension of licenses.
(1) Licenses may be suspended temporarily by the Health Authority for failure of the license holder to comply with the requirements of this subchapter. Whenever a license holder or operator has failed to comply with any notice issued under the provisions of this subchapter, the license 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 license holder.
(2) Upon suspension of the license, the license shall be removed from the establishment by the Health Authority and returned to the Health Department. Notwithstanding the other provisions of this subchapter, whenever the Health Officer finds unsanitary or other conditions in the operation of a food-service establishment or retail food store which, in his or her judgement, constitute a substantial hazard to the public health, he or she may without warning, notice or hearing, issue a written notice to the license 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.
(3) Any person to whom such an order is issued shall comply immediately, herewith, but upon written petition to the Health Authority shall be afforded a hearing within 72 hours.
(F) Reinstatement of suspended license.
(1) Any person whose license has been suspended may at any time make application for a reinspection for the purpose of reinstatement of the license.
(2) Within 48 hours following receipt of a written request, including a statement signed by the applicant that in his or her opinion the conditions causing suspension of the permit have been corrected, the Health Officer shall make a reinspection.
(3) If the applicant is complying with the requirements of this chapter, their license shall be reinstated.
(G) Revocation of licenses.
(1) For serious or repeated violations of any of the requirements of this subchapter, or for interference with the Health Authority in the performance of their duties, the license may be permanently revoked by the Mayor and Board of Trustees after an opportunity for a hearing has been provided by the Health Authority.
(2) Prior to such action, the Health Authority shall notify the license holder, in writing, stating the reasons for which the license is subject to revocation and advising that the license shall be permanently revoked at the end of five days following service of the notice, unless a request for a hearing is filed with the Health Authority, by the license holder, within that five-day period.
(3) If no request for a hearing is filed within the five-day period, the revocation of the license becomes final.
(H) Hearings (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 or her. Based upon the record of the hearing, the Health Authority shall make a finding and shall sustain, modify or rescind any official notice or order considered in the hearing.
(I) Application after revocation. Whenever a revocation of a license has become final, the holder of the revoked license, may make written application for a new license.
(J) Fees.
(1) The following fee for license may be required for food service establishments and retail food stores.
(2) There shall be an annual charge of $10 at the time of the license renewal inspection for each permanent license and a charge of $5 for each temporary license issued to cover the cost of issuing the permits.
(3) This fee shall be collected by the Village Clerk. There will be no charge made for such license to any schools, religious, voluntary or non-profit making community organizations and institutions.
(Ord. 82-400, passed 11-11-1982)