(A) Permit requirement. It shall be unlawful for any person to operate a food service establishment or retail food store within the county who does not possess a valid permit issued to him or her by the Regulatory Authority. Only a person who complies with the requirements of this chapter shall be entitled to receive and retain such a permit. Permits shall not be transferable from one person to another person or place. A valid permit shall be posted in a conspicuous place in view of the public in every food service establishment.
(B) Expiration. Permits for permanent food service establishments and retail food stores shall expire one year following the date of issuance. 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 permits.
(1) Any person desiring to operate a food service establishment or retail food store or to renew an expired permit shall make written application for a permit on forms provided by the Regulatory Authority.
(2) Such application shall include:
(a) The applicant’s full name and address and whether such applicant is an individual, firm or corporation and a partnership;
(b) The names and type of proposed food service establishment or retail food store; and
(c) The signature of the applicant or applicants.
(3) Upon receipt of such an application, the Regulatory Authority shall make an inspection of the establishment to determine compliance with the provisions of this chapter. When inspection reveals that the applicable requirements of this chapter have been met, a permit shall be issued to the applicant by the Regulatory Authority. Temporary permits may be issued for a time period not to exceed 60 days, in order for the food service operation to come into compliance with this chapter.
(D) Renewal of permits. Whenever the inspection for renewal of a permit reveals serious or repeated violations of this chapter, the permit will not be issued and the Regulatory Authority shall notify the applicant immediately thereof. Such notice shall state the reasons for not renewing the permit. Such notice shall also state that an opportunity for a hearing shall be provided for the applicant at a time and place designated by the Regulatory Authority. Such hearing shall be scheduled not later than ten days from the date of the notice. The notice referred to in this section shall be delivered to the applicant in person by the Regulatory Authority or may be sent by registered mail, return receipt requested. A permit which has expired shall be removed from the establishment by the Regulatory Authority.
(E) Suspension of permits.
(1) Permits may be suspended temporarily by the Regulatory Authority for failure of the permit holder to comply with the requirements of this chapter. Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of §§ 112.04 through 112.06, the permit 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 Regulatory Authority by the permit holder.
(2) Upon suspension of the permit, the permit shall be removed from the establishment by the Regulatory Authority and returned to the Health Department. Notwithstanding the other provisions of this chapter, whenever the Regulatory Authority finds unsanitary or other conditions in the operation of a food service establishment or retail food store which, in his or her judgment, constitute a substantial hazard to the public health, he or she may, without warning, notice or hearing, issue a written notice to the permit 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 therewith but, upon written petition to the Regulatory Authority, shall be afforded a hearing as soon as possible. Permits may be suspended temporarily by the Regulatory Authority for failure of the permit holder to comply with notices or citations issued for violation of 410 ILCS 82, the Smoke-Free Illinois Act. Whenever a permit holder or operator has received a Smoke-Free Illinois citation and failed to request a hearing within ten calendar days or pay the fine within 28 calendar days or failed to obey the findings and final order of a State Department of Public Health administrative law judge, the permit holder or operator shall be notified in writing that the permit is, upon service of the notice, immediately suspended.
(F) Reinstatement of suspended permits. Any person whose permit has been suspended may, at any time, make application for a reinspection for the purpose of reinstatement of the permit. Within ten days 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 Regulatory Authority shall make a reinspection. If the applicant is complying with the requirements of this chapter, including payment of all fines originating from enforcement of the Smoke-Free Illinois Act, the permit shall be reinstated.
(G) Revocation of permits. For serious or repeated violations of any of the requirements of this chapter or for interference with the Regulatory Authority in the performance of his or her duties, the permit may be permanently revoked after an opportunity for a hearing has been provided by the Regulatory Authority. Prior to such action, the Regulatory Authority shall notify the permit holder in writing, stating the reasons for which the permit is subject to revocation and advising that the permit shall be permanently revoked at the end of five days following service of such notice, unless a request for a hearing is filed with the Regulatory Authority by the permit holder within such five-day period. A permit may be suspended for a cause pending its revocation or a hearing relative thereto.
(H) Failure to comply. When a food service establishment fails to comply with any provision of §§ 112.04 through 112.06, the Regulatory Authority shall issue a citation notice to the permit holder. The citation notice shall state the date, time and place the permit holder is to appear in the Circuit Court. Upon conviction, the permit holder shall be subject to the penalty specified under § 112.99.
(I) Hearing. The hearings provided for in this chapter shall be conducted by the Regulatory Authority at a time and place designated by it. Any oral testimony given at a hearing shall be reported verbatim and the presiding officer shall make provision for sufficient copies of the transcript. The Regulatory Authority shall make a final finding based upon the complete hearing record and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit by the Regulatory Authority.
(J) Application after revocation. Whenever a revocation of a permit has become final, the holder of the revoked permit may make written application for a new permit.
(Ord. 2013-07, passed 9-17-2013) Penalty, see § 112.99