TITLE 5
PUBLIC HEALTH AND SAFETY
CHAPTER 1
GENERAL HEALTH REGULATIONS
SECTION:
5-1-1: Retail Food Store Sanitation Rules And Regulations
5-1-2: Smoking In Public Places
5-1-3: Contagious Diseases
5-1-4: Paid Sick Leave
5-1-1: RETAIL FOOD STORE SANITATION RULES AND REGULATIONS:
   A.   Regulations Adopted: The State of Illinois Department of Public Health Food Store Sanitation Code (1996) and chapter 10 - Compliance Procedures of the 1976 U.S. Public Health Service, are hereby adopted by reference as though fully set forth herein, except where they are in direct conflict with other sections of this Code, and any future amendments to said rules and regulations shall be automatically adopted. (Ord. M-10-99, 3-15-1999)
   B.   Conditional License Or Permit For Food Facility: When structural, plumbing, electrical, ventilation or similar defects exist in an established food facility that may require significant expenditures to correct, but are not considered to be an imminent health hazard, a conditional license or permit may be granted at the discretion of the health authority. Under no circumstances will a conditional license or permit be issued for more than two (2) consecutive twelve (12) month periods. The purpose of the conditional license or permit shall be to allow a reasonable period of time for correction of existing defect(s). (Ord. M-5-86, 1-20-1986)
   C.   Extermination: Every food handling facility and retail food store should maintain a contract for extermination and pest control service, with a licensed pest control operator. A copy of said contract shall be maintained on premises and provided upon request, on inspection of the facility or establishment.
   D.   Enforcement Interpretation: This section shall be enforced by the health authority in accordance with the interpretations thereof contained in the compliance provisions of the 1976 edition of the United States Public Health Service Food Service Sanitation ordinance and Code, in all respects as required by law, three (3) copies of which are on file in the City Clerk's Office and which are hereby adopted by reference. (Ord. M-10-99, 3-15-1999)
5-1-2: SMOKING IN PUBLIC PLACES:
   A.   Definitions: The following definitions shall apply in the interpretation and enforcement of this section:
    ACTIVE DINING: The actual seating available in a restaurant and not based on occupancy load permitted by Code.
   BAR: An area which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term "bar" shall not include the restaurant dining area.
   DINING AREA: Any enclosed area containing a counter or tables upon which meals are served.
   EMPLOYEE: Any person who is employed by any employer in the consideration for direct or indirect monetary wages or profit, and any person who volunteers his services for a nonprofit entity.
   EMPLOYER: Any person, partnership, corporation, including a municipal corporation, or nonprofit entity, who employs the services of one or more individual persons.
   ENCLOSED AREA: All space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, office landscaping or similar structures.
   PLACE OF EMPLOYMENT: Any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and employee cafeterias and hallways.
      1.   A private residence is not a place of employment unless it is used as a childcare facility.
      2.   The dining area of a restaurant is not a place of employment.
   PUBLIC PLACE: Any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks, educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters, waiting rooms, libraries, nursing homes, hospitals and public transportation. A private residence is not a public place.
   RESTAURANT: Any coffee shop, cafeteria, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, private and public school cafeteria or eating establishment, and any other eating establishment, organization, club, including veterans' club, boardinghouse or guest house, which gives or offers for sale food to the public, guests, patrons, or employees as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities, except that the term "restaurant" shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a bar.
   RETAIL TOBACCO STORE: A retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.
   SMOKING: Inhaling, exhaling, burning or carrying any lighted cigar, pipe, cigarette, weed, plant or other combustible substance in any manner or in any form.
   WORK AREA: The immediate area in which an employee spends the majority of the work day. (Ord. M-2-88, 3-21-1988; amd. 2002 Code)
   B.   Smoking Prohibited:
      1.   Enclosed Public Places: Smoking shall be prohibited in all enclosed public places. The owner or operator of a public place may designate an area(s) as a smoking area(s) within the facility. The owner or operator of a public place shall not designate the entire facility as a smoking area.
      2.   Restaurants:
         a.   Restaurants shall reserve thirty percent (30%) restaurant space for nonsmokers. Such restaurants shall either: 1) post a sign at or near the entrance to the restaurant stating that a nonsmoking seating area is available upon request; or 2) verbally inquire of all patrons who are to be seated whether they wish to be seated in the smoking or nonsmoking section.
         b.   Nonsmokers shall not pass through the smoking section when being seated in the nonsmoking section.
         c.   Restaurants with fewer than fifty (50) seats shall be designated as nonsmoking.
         d.   As an option, restaurants may designate a minimum of fifty percent (50%) of its active dining area as nonsmoking or that such restaurant is totally smoke free. (Ord. M-43-89, 9-5-1989; amd. 2002 Code)
      3.   Exceptions: Smoking in the following public places may be permitted:
         a.   Bars and bar areas of restaurants;
         b.   Private residence (except when used as a childcare facility);
         c.   Retail tobacco stores;
         d.   Bowling alleys;
         e.   Hotel rooms;
         f.   Private enclosed offices occupied only by smokers;
         g.   Factories, warehouses and similar places of work areas not usually visited by the public.
   C.   Smoking In Places Of Employment:
      1.   Smoking shall be permitted as designated by the employer, except that an employee may designate his own work area as a nonsmoking area and post the same with an appropriate sign to be provided by the employer. Employers should find reasonable accommodations when the rights of smokers conflict. When such accommodations cannot be made the rights of the nonsmoker shall prevail.
      2.   Smoking at places of employment shall be prohibited in auditoriums, classrooms, conference and meeting rooms, elevators, hallways and restrooms. In places of employment where there is more than one conference room, meeting room or restroom, the employer may designate any such room as a smoking area. An employer shall not designate all conference rooms, meeting rooms or restrooms as smoking areas.
      3.   Each employer and place of employment shall adopt, implement, make known and maintain a written smoking policy, stating where smoking is permitted and where it is prohibited within the place of employment.
      4.   Employers may permit public places and places of work to be completely nonsmoking.
   D.   "No Smoking" Signs: Signs indicating "NO SMOKING" shall be posted in all public places and all designated nonsmoking areas where smoking is prohibited.
   E.   Rules And Regulations: The city council is authorized to establish rules, regulations and procedures for relief from and implementation of this section.
   F.   Penalties: Any person who violates, disobeys, or omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this section shall be fined as provided in the general penalty in section 1-4-1 of this code for each offense. Each day that a violation is permitted to exist after notification thereof shall constitute a separate offense. (Ord. M-2-88, 3-21-1988; amd. 2002 Code)
5-1-3: CONTAGIOUS DISEASES:
   A.   Enforcement: It shall be the duty of all health and school authorities to obey and enforce the provisions of this section 1
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   B.   Procedures On Findings Of Contagion:
      1.   Reports:
         a.   Physician's Report: Every physician practicing in the city who shall have any patient affected or sick with any malignant fever, cholera, smallpox or any contagious or pestilential disease, shall forthwith make a report thereof, in writing, to the director of community development, describing the locality of the house or place where the patient may be, with such certainty that the same may be easily found, and in case the patient has died, to report the same within twenty four (24) hours after the death, with the specified name or type of the disease. Any physician who shall withhold such information or neglect or refuse to comply with the provisions of this subsection shall be deemed guilty of a misdemeanor.
         b.   Resident's Report: Every resident of the city knowing of any individual in the city, sick with any contagious disease, shall, unless previously reported, report in writing to the director of community development the same particulars as required of physicians in the preceding paragraph, and any neglect or refusal thereof shall subject the person to the same general penalties prescribed above.
      2.   Notice: Every householder within the limits of the City, in whose dwelling there shall occur a case of cholera, yellow fever, typhoid fever, scarlet fever, diphtheria or smallpox, shall immediately notify the Director of Community Development of the same; and until instructions are received from the department, no clothing or other property that may have been exposed to infection shall be removed from the house, nor shall any occupant change his residence elsewhere without the consent of the department during the prevalence of any public danger from the disease. (1956 Code ch. 21 art. II; amd. 2002 Code)
5-1-4: PAID SICK LEAVE:
   A.   Paid Sick Leave: Employers shall comply with all Federal and State of Illinois employment laws and guidelines with regard to paid sick leave. Employee eligibility for paid sick leave shall be pursuant to all Federal and State employment laws and guidelines.
   B.   Inapplicability Of Other Laws And Guidelines: No laws or guidelines regarding paid sick leave other than the Federal and State laws and guidelines stated in subsection A of this section, will apply to employers within the City of Des Plaines, including, without limitation, any obligations adopted by the County of Cook Board of Commissioners.
   C.   Definitions: For the purposes of this section, the term "employee" means an individual permitted to work by an employer regardless of the number of persons the employer employs, and the term "employer" means any person employing one or more employees, or seeking to employ one or more employees, if the person has its principal place of business within the City of Des Plaines, or does business within the City of Des Plaines.
   D.   Exceptions: For the purposes of this section, the term "employer" does not mean:
      1.   The government of the United States or a corporation wholly owned by the government of the United States;
      2.   An Indian tribe or a corporation wholly owned by an Indian tribe;
      3.   The government of the State or any agency or department thereof; or
      4.   The government of any municipality. (Ord. M-11-17, 6-19-2017)

 

Notes

1
1. 65 ILCS 5/11-20-5.