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Municipal Code of Chicago
MUNICIPAL CODE OF CHICAGO
TITLE 1 GENERAL PROVISIONS
TITLE 2 CITY GOVERNMENT AND ADMINISTRATION
TITLE 3 REVENUE AND FINANCE
TITLE 4 BUSINESSES, OCCUPATIONS AND CONSUMER PROTECTION
TITLE 5 HOUSING AND ECONOMIC DEVELOPMENT
TITLE 6 HUMAN RIGHTS*
TITLE 7 HEALTH AND SAFETY
TITLE 8 OFFENSES AFFECTING PUBLIC PEACE, MORALS AND WELFARE
TITLE 9 VEHICLES, TRAFFIC AND RAIL TRANSPORTATION
TITLE 10 STREETS, PUBLIC WAYS, PARKS, AIRPORTS AND HARBORS
TITLE 11 UTILITIES AND ENVIRONMENTAL PROTECTION
TITLE 12 RESERVED
TITLE 13 BUILDINGS AND CONSTRUCTION
TITLE 14 RESERVED*
TITLE 14A ADMINISTRATIVE PROVISIONS OF THE CHICAGO CONSTRUCTION CODES*
TITLE 14B BUILDING CODE*
TITLE 14C CONVEYANCE DEVICE CODE*
TITLE 14E ELECTRICAL CODE*
TITLE 14F FIRE PREVENTION CODE*
TITLE 14G FUEL GAS CODE*
TITLE 14M MECHANICAL CODE*
TITLE 14N 2022 ENERGY TRANSFORMATION CODE*
TITLE 14P PLUMBING CODE*
TITLE 14R BUILDING REHABILITATION CODE*
TITLE 14X MINIMUM REQUIREMENTS FOR EXISTING BUILDINGS*
TITLE 15 FIRE PREVENTION
TITLE 16 LAND USE
TITLE 17 CHICAGO ZONING ORDINANCE
TITLE 18 BUILDING INFRASTRUCTURE
APPENDIX TO THE MUNICIPAL CODE OF CHICAGO (RESERVED)*
TABLES
Chicago Zoning Ordinance and Land Use Ordinance
CHAPTER 7-42
FOOD ESTABLISHMENTS – INSPECTIONS, VIOLATIONS AND HEARING PROCEDURES*
* Editor's note – Coun. J. 6-10-96, p. 23652, amended the Code by adding provisions designated as a new Ch. 7-42. Subsequently, Coun. J. 3-10-99, p. 91043, amended Ch. 7-42 in its entirety to read as herein set out.
7-42-010   Inspections.
7-42-015   Low-risk food establishments self-certification.
7-42-020   "Held for inspection" procedures.
7-42-030   Violations of provisions – Classification and notice.
7-42-035   License suspension.
7-42-040   Request for time extension.
7-42-050   Removal of suspended licenses and permits.
7-42-060   Application for restoration of suspended license.
7-42-065   Partial closures.
7-42-070   Reinspection fee.
7-42-080   License revocation.
7-42-085   Enforcement.
7-42-090   Violation – Penalty.
7-42-010 Inspections.
   For the purposes of Sections 7-42-010, 7-42-015 and 7-42-020, the word "owner" shall include the owner, operator, licensee or person in charge of any food establishment or vehicles used for the storage, transportation or vending of foods, subject to the provisions of Chapter 4-8.
   (a)   The Department of Health shall have authority to inspect food establishments at such intervals as set forth in rules of the Department of Health to determine such food establishments’ compliance with the requirements of this code and the rules of the Department of Health. For purposes of such inspections, the Department of Health shall create categories of food establishments based on the level of potential risk that such food establishments may pose to the public health.
   (b)   Whenever the health authority inspects an establishment, the inspector shall record the findings of the inspection on a summary report form provided by the Department of Health for this purpose. Such reports shall be signed by both the inspector and the establishment’s representative, and one copy of the summary report shall be left with the management of the establishment and shall be posted by the health authority upon an inside wall of the establishment in an area visible to all diners; if the food establishment is a grocery store or delicatessen, the summary report shall be posted in an area visible to all customers. It shall be unlawful for any person except an authorized agent of the Department of Health to deface or remove any such posted summary report, and a violation of this provision may result in suspension of any and all licenses and permits issued to the owner of that particular food establishment.
   (c)   It shall be the duty of every owner to permit a representative of the Department of Health, after proper identification, to enter at any reasonable time and make inspections of the facilities, equipment and vehicles for determining compliance with the requirements of this Municipal Code and the rules of the Department of Health relating to health and sanitation and, when required to do so, the owner shall furnish samples of any foods prepared, kept, sold or transported by any such food establishment as often as the Commissioner of Health may deem necessary to determine that the foods are free from alteration, not misbranded, do not contain an excessive number of microorganisms or their toxins, and otherwise comply with the provisions of this Municipal Code and the rules of the Department of Health. The owner shall answer all reasonable and proper questions and permit the health authority to examine records of the establishment to obtain pertinent information relating to food and supplies received or used and persons employed. Any samples provided shall be examined or analyzed under the direction of the Department of Health, and a record of each such examination or analysis shall be made and kept in the offices of the department. Upon failure or refusal by an owner to permit inspection or to furnish required samples, the Commissioner shall immediately suspend any and all licenses or permits issued to the owner of that particular food establishment.
(Added Coun. J. 6-10-96, p. 23652, Amend Coun. J. 3-10-99, p. 91043; Amend Coun. J. 1-18-12, p. 18976, § 1; Amend Coun. J. 11-8-12, p. 38872, § 151; Amend Coun. J. 5-18-16, p. 24251, § 1; Amend Coun. J. 12-13-17, p. 63286, § 5)
7-42-015 Low-risk food establishments self-certification.
   (a)   As a programmatic alternative to conducting its own inspections as provided in Section 7-42-010 of this code, the commissioner of health is authorized to require licensed low-risk food establishments to self- certify compliance with this code and the rules and regulations of the department of health.
   (b)   If the commissioner implements a self-certification program, all low-risk food establishments shall submit one self-inspection report every two years to the department of health to demonstrate compliance. An establishment's failure to submit a complete and accurate report required by this section within the timeframes established by the commissioner shall subject the establishment's license to immediate suspension as provided in Section 7-42-035.
   (c)   The department of health is authorized: (i) to develop forms and protocols to administer this section, (ii) to define, consistent with 77 Illinois Administrative Code Part 615, what constitutes a "low-risk food establishment", and (iii) to adopt other rules and regulations as may be necessary or useful for the proper administration and enforcement of this section.
(Added Coun. J. 5-18-16, p. 24251, § 1)
7-42-020 "Held for inspection" procedures.
   (a)   Upon written notice to the owner, the Department of Health may place a "Held for Inspection" order on any food which the health authority determines or has probable cause to believe to be unwholesome or otherwise adulterated or misbranded. At the request of the owner, foods so held for inspection shall be permitted to be suitably stored pending analysis reports or voluntarily denatured and disposed of under Department of Health supervision.
   (b)   It shall be unlawful for any person to remove the "Held for Inspection" tag or seal placed on the food by the Department of Health, nor shall the containers of such food be removed from the premises or destroyed without permission of the Department of Health except on order of a court of competent jurisdiction. The Department may vacate a "Held for Inspection" order or may by written order direct the owner or person in charge of the food to denature or destroy such food, bring it in compliance with the provisions of this Code and the rules of the Department of Health or dispose of it for nonhuman use as may be approved by the Department of Health. Any order of the Department of Health to denature or destroy food shall be stayed pending appeal if the order is appealed to a court of competent jurisdiction within three (3) calendar days. Nothing in this section shall preclude any court action based upon a finding of unwholesome or adulterated foods.
   (c)   Upon written notice to the owner, a "Held for Inspection" order may be placed by the Department of Health on any piece of equipment that is believed to be inoperable or that the Department has not approved for commercial use. "Held for Inspection" shall have the meaning ascribed to this term in the rules of the Department of Health.
(Added Coun. J. 6-10-96, p. 23652, Amend Coun. J. 3-10-99, p. 91043; Amend Coun. J. 12-13-17, p. 63286, § 5)
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