(A) (1) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MILK.
Shall include sweet milk, skim milk, sour milk, buttermilk, and cream.
PERSON.
Individual, firm, partnership, society, association, or corporation.
(2) This section shall be construed to apply severally to different classes of persons licensed hereunder.
(B) No person shall engage in the sale, delivery or distribution of milk within the city without a license therefor as hereinafter provided. Any person desiring to engage in the sale, delivery or distribution of milk within the city shall make written application in accordance with the provisions of Chapter 110.
(C) Any person engaging in the business of the sale, delivery or distribution of milk in the city shall pay to the City Collector at the time a milk license is issued to said person, an annual fee; said fee to be as follows:
(1) For the operation of each and every wagon or other vehicle engaged in the business of selling, delivery, or distribution of milk: $10.
(2) For the maintenance or operation of a place of business where milk is sold or kept for sale at retail: $10; provided, however, that should the person applying for a license already have a license to operate one or more vehicles, then in that case the license fee for operation of a place of business where milk is sold at retail shall be the sum of $5.
(3) For the operation of a wholesale business where milk is sold or kept for sale the fee shall be the sum of $15.
(4) For the dealer who both produces and distributes milk in the city from a vehicle or in any other manner the sum of $20.
(D) The Board of Health of the city is hereby invested with the power of making rules and regulations regarding sanitary conditions under which milk is produced, transported, stored and handled. The City Health Officer shall have authority at all reasonable hours to enter and inspect all places where milk is kept, transported or produced.
(E) Milk is the whole, fresh, clean, lacteal secretion by the complete milking of one or more healthy cows, properly fed and kept, excluding that obtained within 15 days before and five days after calving, or such longer period as may be necessary to render the milk practically colustrum free, and shall conform to the State Dairy Law in regard to milk fats and solids not fats. All skimmed milk, buttermilk, and cream shall conform to the standards and definitions fixed in the State Dairy Law. It shall be unlawful under this section for anyone to sell, offer for sale, or have in his or her possession with intent to sell, any milk not conforming to such standards. Milk found in possession of any person regularly engaged in selling milk shall be evidence of intent to sell.
(F) No milk, except skimmed milk, buttermilk, or sour milk, shall be peddled or sold at retail in quantities less than one gallon except in original containers with caps bearing the true name of the articles, the name and address of the producer, dealer or distributor, and bottles with the net volume of the contents, in accordance with the Illinois Dairy and Food Law.
(G) No dirty or unwashed bottles or cans shall be returned to a producer, delivery person or store. Persons engaged in selling or distributing milk are forbidden to receive dirty or unwashed bottles or containers. Milk bottles, milk cans or other containers for milk shall not be used for any other purpose other than containing milk or milk products.
(H) It shall be unlawful to sell or offer for sale any milk containing any artificial color or preservatives or to which water or any foreign substance has been added or which has been handled or transported in unclean or unsanitary containers.
(I) All raw milk offered for sale shall be derived from healthy animals which have been examined by a veterinarian and found to be free from disease within six months from the time such milk was produced; and shall not contain more than 100,000 bacteria per cubic centimeter, and shall contain no pathogenic bacteria.
(J) All persons living on farms where such milk is produced or employed thereon, and all persons handling or in contact with the milk in dairies or other places, shall be free from contagious or infectious diseases, and shall not have been exposed to any person having a contagious disease. No person who is a typhoid, paratyphoid, diphtheria or septic sore throat carrier shall be employed in the production or handling of milk. No milk or cream which has been produced without full compliance with the foregoing provisions of this section shall be sold or offered for sale in the city.
(K) Milk may be delivered at quarantined premises provided that there is no contact of any kind between inmates and contents of the quarantined premises and the delivery agent. No milk receptacles shall be taken from such premises during the period of quarantine; and before being taken away for use such receptacles shall be thoroughly scalded and sterilized.
(L) Every building, room, basement or enclosure or premises occupied or used as a dairy or milk depot shall be properly and adequately lighted, drained and ventilated, and shall have adequate plumbing facilities. It shall be unlawful to employ any such place any person afflicted with a contagious disease, or one who may carry the germs of such a disease.
(M) Any person, who shall engage in the wholesale or retail milk business shall have each vehicle from which milk is vended conspicuously marked with the name and address of the vendor on both sides of the vehicle. All vehicles in which milk is transported must be covered and kept in a clean and sanitary condition and no bottling shall be done in transit. No bottling shall be permitted in a grocery, butcher shop or other retail store.
(N) The City Health Officer or any other person designated by the Board at Health at reasonable and regular intervals to be determined by the Board of Health shall investigate and take samples of milk, skim milk, buttermilk or cream to determine the quality and wholesomeness of the same, and they shall make or cause to be made an examination of the same to determine whether or not said products comply with the provisions of this section. For the purpose of the above examinations any person handling or selling milk or milk products shall furnish samples of such milk or milk products whenever so required by the City Health Officer or other person designated by the Board of Health.
(O) Any milk from sick or diseased cows, or any milk to which any artificial color or preservation or to which water or any foreign substance has been added shall, upon discovery thereof be confiscated, forfeited, and immediately destroyed by or under the direction of the Board of Health or City Health Officer, who shall, if done in good faith, to be held harmless in damages therefor in any suit or demand made.
(P) When it appears from the record that this section has been violated except in those eases in which the violation is provable by a chemical analysis the City Health Officer shall cause notice of such fact to be given to the party or parties concerned. The party or parties so notified shall be given an opportunity to be heard. The notice shall specify the date, hour and place of the hearing. If after such hearing the City Health Officer shall believe this section has been violated he or she shall cause the party or parties concerned to be prosecuted. Provided, however, that in all eases where a violation is provable, upon a chemical analysis it shall not be deemed necessary before a prosecution for the said violation is instituted that any preliminary hearing be held.
(Ord. 1612, passed 5-6-2003) Penalty, see § 113.99