(A) New Food Establishments:
1. New Operation Provisions: Any person desiring to operate a new annual food service or retail food establishment, mobile unit, seasonal concession stand, or summer meal site shall comply with the provisions of this section to obtain any and all necessary permits. The establishment must meet the provisions of the current ordinance being used.
2. Consultation Fees: Consultation fees may apply for any site the department is requested to look at for use as a potential food operation site. This consultation does not forgo the need of the owner or applicant to submit the application of plan review and/or plans.
3. Application For Plan Review: To ensure a proper review and time allowed to change any items not meeting the provisions of this ordinance, the application for plan review, payment for the review, and any required plans should be submitted to the health officer at least thirty (30) days prior to the start of any construction, remodeling, or when the change in ownership is intended to occur. Inspections conducted prior to opening are included as part of this service.
4. Submission Of Plans: Whenever a food establishment or retail food store is constructed or remodeled, and whenever an existing structure is converted to use as a food establishment or retail food store, properly prepared plans and specifications for such construction, remodeling, or conversions shall be submitted to the health officer for review and approval before construction, remodeling or conversion has begun. The plans and specifications shall include the proposed layout, arrangement, mechanical plans and construction materials of work areas and the type and model of proposed fixed equipment and facilities. The health officer may waive the submission of plans and specifications, or require less than is stated in this section, provided it is found that the nature of the work is such that the complete requirements of this section are not necessary to obtain compliance with this ordinance.
5. Review And Approval Of Plans And Application: Once the application, plans and specifications have been completely submitted to the health officer they shall be promptly reviewed. Any discrepancies with the provisions of this ordinance shall be reported to the owner or person in charge. Submission of new plans or written agreement to comply may be required at the discretion of the health officer. Any variance requests must be submitted to the health officer in writing and if approved maintained on file with the department. The health officer shall approve the plans and specifications if they meet the requirements of this ordinance in written form. No food establishment or retail food store shall be constructed, or remodeled or converted except in accordance with plans and specifications approved by the health officer.
6. Preoperational Inspections: The health officer shall inspect any new food establishment or retail food operation one or more times prior to commencing business, to determine compliance with the approved plans and specifications and with the requirements of this ordinance. If there are violations remaining prior to opening and the health officer deems these items can be done in a timely and safe manner after opening a conditional permit may be issued with the expiration date clearly stated. Application for the annual or seasonal food permit and payment for such permit must be received by the end of the last preoperational inspection. Not complying with the provisions of this section will result in the establishment's permit not being issued.
(B) Renewals:
1. Any person renewing an annual or seasonal permit for the operation of a food or retail food establishment shall make written application for a permit on forms provided by the health authority. Such application shall meet the provisions of this ordinance.
2. Annual and seasonal establishments previously permitted, where ownership has not changed, may automatically renew a permit that has not been suspended, revoked or when the application or most current inspection report states the permit cannot be renewed at this time, provided that the establishment has been inspected, and found to be in substantial compliance with the provisions of this ordinance, by the health officer within the preceding twelve (12) month period.
3. Prior to providing renewal applications to permitted annual or seasonal establishments, the health officer or authorized representative shall review the food establishment record to determine compliance with the provisions of this ordinance. If it is determined the establishment is not in compliance the application will clearly state that the facility's permit cannot be renewed as well as state the reasons for not renewing.
4. Time extensions may be granted to applicants providing adequate documentation and a reasonable time schedule for compliance of all nonserious outstanding violations or a lack of certified food operators. Time extension if granted will be in the form of a conditional permit with a set expiration date not to exceed thirty (30) days for establishment or employee violations and ninety (90) days if a certified food class must be taken. Failure to comply by the date given may result in the immediate suspension of the permit to operate as provided herein.
5. Permit applications and payment must be received, or postmarked, five (5) business days prior to December 31 or a late fee of twenty-five dollars ($25.00) will be assessed. Applications and payments received after December 31st but prior to January 5th will be assessed a fifty dollar ($50.00) late fee. Applications and payments not received by January 5th will result in the immediate cessation of operations. To reopen the facility will need to meet all provisions of this ordinance and pay all fees, fines, and penalties prior to reinstating the permit.
(C) Temporaries:
1. Any person desiring to operate a temporary food service or retail food establishment, mobile unit shall comply with the provisions of this section to obtain any and all necessary permits.
2. Applications for all temporary food service or temporary retail sales shall be submitted at least ten (10) business days prior to event being attended. Applications received within ten (10) to two (2) days prior to the event will be assessed a twenty-five-dollar ($25.00) fee and may be denied if an inspection is required and an inspector is not available. The permit fee will be doubled if the application is within two (2) days prior to the event, and approval is subject to inspector availability. Any variance requests must be submitted to the health officer in writing when submitting the application. If the variance is approved, it shall be maintained on file with the department; failure to obtain a variance prior to permit approval will result in that variance request being denied.
3. Temporary applications will be approved based on compliance with the 2017 FDA Food Code and Part 750 of the Illinois Food Code, section 750.300, and the provisions of this ordinance.
4. Temporary permits will be granted to an applicant for a fixed location, in conjunction with a single event or celebration, and not to exceed five (5) days (county fair may not exceed 10 days), providing they meet the provisions of this ordinance.
5. A minimum of one ANSI approved certified food protection manager, or equivalent, is required. Temporary vendors new to East Moline will have one year to comply with this requirement or future applications shall be denied.
6. All vendors shall have mechanical, commercial refrigeration on site to store foods prior to cooking and maintaining proper temperatures, unless approved by the health officer. Facilities without commercial refrigeration will be required to use time as a temperature control.
7. All foods prepared must be prepared on site or in a licensed and inspected facility with a valid food permit as required by their jurisdiction. Nonpotentially hazardous baked goods may be offered as long as there is a sign declaring the source.
8. Vendors setting up without approved permits, prior approval from the health officer, or without proper application and payment turned in, shall be required to cease operation immediately. If the health officer determines the vendor has knowledge that food permits are required and was trying to circumvent the provisions of this ordinance the health officer may choose to issue a citation for violating the provisions of this ordinance, issue an official notice of violation, bring them in for a compliance hearing, deny future permit applications or any combination thereof.
Establishments with a valid East Moline food permit wishing to participate in a special event, which is beyond the scope of their normal operations or requires outside food service facilities, shall obtain a temporary food service permit. If the establishment participating in the special event will be located on their property, they are not required to obtain a temporary food service permit.. Establishments with a valid East Moline food service permit wishing to participate in a special event with outside food facilities where foods are prepackaged for service will receive a fifty percent (50%) reduction in the applicable temporary fee, provided the event takes place on their grounds.
9. Unlicensed applicants or permitted establishments without approved food service facilities shall meet the requirements for temporary food service and will not be exempt or receive reduced fees applicable to their operation.
(D) County Fair Vendors:
1. Any person desiring to operate a temporary or mobile food service or retail food establishment at the county fair shall comply with the provisions of this section to obtain any and all necessary permits.
2. Applications for all temporary or mobile permits shall be submitted at least ten (10) business days prior to event being attended. Applications received within ten (10) days prior to the event will be assessed a twenty-five dollar ($25.00) fee. The permit fee will be doubled if the application is handled in the field after twelve o'clock (12:00) noon on the Monday the fair starts.
3. Applications will be approved based on compliance with the 2017 FDA Food Code and Part 750 of the Illinois Food Code.
4. Permits will be granted to the applicant, not to exceed ten (10) days, providing they meet the provisions of this ordinance.
5. A minimum of one ANSI approved certified food protection manager, or equivalent, is required. Vendors new to East Moline will have one year to comply with this requirement or future applications shall be denied.
6. Permit application and payment must be received by five o'clock (5:00) P.M. on Monday or the establishment shall be required to cease operation until in compliance.
(E) Farmers' Market Association And Vendors: Any person desiring to operate a farmers' market within East Moline or be a food service or retail food vendor at a farmers' market in East Moline shall comply with the provisions of this section to obtain any and all necessary permits prior to commencing business. Any variance requests must be submitted to the health officer in writing and if approved maintained on file with the department. Failure to have the variance approved will result in the request being denied.
1. The market must have a valid special event issued from the city prior to set up.
2. A minimum of one ANSI approved certified food protection manager, or equivalent, is required for all vendors with food service operations. Vendors new to East Moline will have one year to comply with this requirement or future applications shall be denied.
(Ord. 11-12, 4-4-2011; amd. Ord. 20-13, 7-20-2020; Ord. 22-01, 3-7-2022)