For any definitions or terms not found in this section the city will look to one of the following resources for guidance in the interpretation and enforcement of this ordinance: Illinois Department of Public Health (IDPH), food and drug administration (FDA), National Environmental Health Association (NEHA) or any reputable food service or public health books or documents.
The following definitions shall have the following meanings ascribed to them for the interpretation and enforcement of this ordinance:
ADDITIONAL AREA ADD ON: Fee applied to an additional area within the same base of operation type be it food service or retail food for each of the following areas: customer self-service areas, delicatessen department, bakery department, liquor by the drink, produce department, meat department, seafood department, or banquet area. More than one may apply.
AUTHORIZED REPRESENTATIVE: Someone approved by the health officer or city administrator to work directly under the supervision of the health officer in the enforcement of this ordinance.
CONVENIENCE AREA: Applied to areas of operation where the operation type differs from the primary base of operation and that area is smaller than fifteen percent (15%) of the base.
COTTAGE FOOD OPERATION: An operation conducted by a person who produces or packages food or drink, other than foods and drinks listed as prohibited in Section 5, paragraph 1.5 of subsection (b), of the Illinois Food Handling Regulation Enforcement Act, in a kitchen located in that person's primary domestic residence or another appropriately designed and equipped kitchen on a farm for direct sale by the owner, a family member, or employee
FARMERS MARKET: A common facility or area where farmers gather to sell a variety of fresh fruits and vegetables and other locally produced farm and food products directly to consumers.
FOOD ESTABLISHMENT: An operation that stores, prepares, packages, serves, vends food directly to the consumer, or otherwise provides food for human consumption such as a restaurant; satellite or catered feeding location; catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people; market; vending location; conveyance used to transport people; institution; or food bank; and relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.
(A) Food establishment includes:
1. An element of the operation such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted by the regulatory authority; and
2. An operation that is conducted in a mobile, stationary, temporary, or permanent facility or location; where consumption is on or off the premises; and regardless of whether there is a charge for the food.
(B) Food establishment does not include:
1. An establishment that offers only prepackaged foods that are not time/temperature control for safety foods;
2. A produce stand that only offers whole, uncut fresh fruits and vegetables;
3. A food processing plant; including those that are located on the premises of a food establishment;
4. A kitchen in a private home if only food that is not time/temperature control for safety food, is prepared for sale or service at a function such as a religious or charitable organization's bake sale if allowed by law and if the consumer is informed by a clearly visible placard at the sales or service location that the food is prepared in a kitchen that is not subject to regulation and inspection by the regulatory authority;
5. An area where food that is prepared as specified in subparagraph (2)(D) of this definition is sold or offered for human consumption;
6. A kitchen in a private home, such as a small family day-care provider; or a bed-and- breakfast operation that prepares and offers food to guests if the home is owner occupied, the number of available guest bedrooms does not exceed 6, breakfast is the only meal offered, the number of guests served does not exceed 18, and the consumer is informed by statements contained in published advertisements, mailed brochures, and placards posted at the registration area that the food is prepared in a kitchen that is not regulated and inspected by the regulatory authority; or
7. A private home that receives catered or home-delivered food.
HEALTH OFFICER: The licensed environmental health practitioner, or person holding an equivalent license allowed by the State of Illinois, who has been designated by the city to act with authority to enforce this ordinance. The terms health authority and health inspector shall have equivalent meaning for use in this ordinance.
MOBILE FOOD UNIT: A vehicle mounted food establishment designed to be readily movable.
NEW FOOD ESTABLISHMENT: Shall apply to any food facility newly constructed when an existing structure is converted to use as a food service establishment or retail food store or changing ownership.
PLAN REVIEW: Applies when application is made for a facility being newly constructed, changing use of operation, or being extensively remodeled.
PRIVATE EVENT: Any event that is not open to the general public, such as a wedding, shower, or employee work party in which some type of invitation is issued. Events where invitation is made using methods, including, but not limited to, in a newspaper, online, on a flier, or by selling tickets to the public are not considered private events.
PUSHCART: A nonself-propelled vehicle strictly limited to serving only precooked hot dogs, unshucked corn, whole fresh fruit, canned beverages, condiments for the hot dogs and corn, and prepackaged nonpotentially hazardous foods.
RETAIL FOOD STORE: Any establishment or section of an establishment where food and food products are offered to the consumer and intended for, though not limited to, off premises consumption. The term includes delicatessens that offer prepared food in bulk quantities only. The term does not include establishments which handle only prepackaged spirits.
SEASONAL FOOD ESTABLISHMENT: Any establishment operating at a fixed location for less than six (6) months of the year. This term is intended, but not limited, to mean such locations as baseball parks, swimming pools, and recreational facilities serving a limited menu for a limited time based on seasonal needs. Seasonal concession stands electing to serve potentially hazardous foods shall meet all applicable requirements for a food service establishment. Those stands unable to meet basic food safety requirements, including, without limitation, a potable permanent water source under pressure, approved hot water heating devices, proper sewage disposal facilities, required hand washing facilities, and required utensil washing facilities, shall limit their menu to prepackaged retail foods only.
(Ord. 11-12, 4-4-2011; amd. Ord. 22-01, 3-7-2022; Ord. 22-01, 3-7-2022)