(A) Rules and regulations adopted. The issuance, suspension and revocation of permits, licenses, or certificates to operate retail food establishments; the prohibiting of sale of unsound or mislabeled food or drink; the enforcement of this section shall be regulated in accordance with division (E) of this section concerning the compliance procedures; the inspection of food service establishments shall be regulated in accordance with the 1991 and all subsequent editions of or amendments to the Illinois Department of Public Health's publication currently titled, “Food Service Sanitation Rules and Regulations,” on file with the Secretary of State; the inspection of retail food stores shall be regulated in accordance with the 1989 and all subsequent editions of or amendments to the Illinois Department of Public Health’s publication currently titled, “Retail Food Store Sanitation Rules and Regulations,” that are on file with the Secretary of State.
(B) Copies of regulations. Three copies of each of the Illinois Department of Public Health’s publication currently titled, “Food Service Sanitation Rules and Regulations,” and “Retail Food Store Sanitation Rules and Regulations,” shall be on file at the Village Clerk’s office.
(C) Effect. This section shall be in full force and effect immediately after its adoption and publication as provided by law; and at all times, all ordinances and parts of ordinances in conflict with the ordinance set forth in this section are repealed.
(D) Severability. If any section, paragraph, sentence, clause or phrase of this section is declared unconstitutional or the application thereof is held invalid, the validity of the remainder of this section and the application of such provisions to other person’s circumstances shall not be affected thereby.
(E) Compliance procedures; general. No person shall operate a food establishment who does not have a valid permit, license, or certificate issued to them by the Village. Only a person who complies with the requirements of this section shall be entitled to receive or retain such a permit, license or certificate. Permits, licenses, or certificates are not transferable. A valid permit, license or certificate shall be posted in every food establishment.
(F) Issuance of permit, license, or certificate.
(1) Any persons desiring to operate a food establishment shall make written application for a permit, license, or certificate on forms provided by the Village. Such application shall include:
(a) Name and address of each applicant, the location and type of the proposed food establishment; and
(b) Signature of each applicant.
(2) Prior to approval of an application for a permit, license, or certificate, the Village and the Cook County Department of Public Health shall inspect the proposed food establishment to determine compliance with the requirements of this section.
(3) The Village shall issue a permit, license, or certificate to the applicant if its inspection reveals that the proposed food establishment complies with the requirements of this section.
(G) Suspension of permit, license, or certificate.
(1) The Village may, without a warning, notice or hearing suspend any permit, license or certificate to operate a food establishment if the holder of the permit, license or certificate does not comply with requirements of this section, or if the operation of the food establishment otherwise constitutes a substantial hazard to public health. Suspension is effective upon service of the notice required by division (H) of this section. When a permit, license, or certificate is suspended, food operations shall immediately cease. Whenever a permit, license, or certificate is suspended, the holder of the permit, license, or certificate shall be afforded an opportunity for hearing within 20 days of receipt of a request for hearing.
(2) Whenever a permit, license or certificate is suspended, the holder of the permit, license or certificate or the person in charge shall be notified in writing that the permit, license or certificate is, upon service of the notice, immediately suspended and that an opportunity for hearing will be provided if a written request for hearing is filed with the Village by the holder of the permit, license or certificate within 10 days. If no written request for hearing is filed within 10 days, the suspension is sustained. The Village may end the suspension at any time if reasons for suspension no longer exist.
(H) Revocation of permit, license, or certificate.
(1) The Village may, after providing opportunity for hearing, revoke the permit, license or certificate for serious or repeated violations of any of the requirements of this chapter or for interference with the Village or the Cook County Department of Public Health in the performance of duty.
(2) Prior to revocation, the Village shall notify, in writing, the holder of the permit, license or certificate, or the persons in charge, of the specific reason(s) for which the permit, license or certificate is to be revoked and that the permit, license or certificate shall be revoked at the end of 10 days following service of such notice unless a written request for hearing is filed with the Village by the holder of the permit, license or certificate within such 10-day period. If no request for hearing is filed within the 10-day period, the revocation of the permit, license or certificate becomes final.
(I) Service of notices. A notice provided for in this section is properly served when it is delivered to the holder of the permit, license or certificate, or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit, license or certificate. A copy of the notice shall be filed in the records of the Village.
(J) Hearings. The hearings provided for in this section shall be conducted by the Village at a time and place designed by it. Any oral testimony given at a hearing shall be reported verbatim, and the presiding officer shall make provisions for sufficient copies of the transcript. The Village 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, license or certificate by the Village.
(K) Application after revocation. Whenever a revocation of a permit, license or certificate has become final, the holder of the revoked permit, license or certificate may make written applications for a new permit, license or certificate.
(L) Inspection frequency and cost. An inspection of a food establishment shall be performed at least once every 6 months. The cost of such inspections shall be $130 per inspection, $260 per year for 2 inspections. Additional inspections of the food establishments shall be performed as often as necessary for the enforcement of this section and will be charged at the above per inspection rate.
(M) Access. Duly authorized representatives of the Village or the Cook County Department of Public Health, after proper identification, shall be permitted to enter any food establishment at any reasonable time for the purpose of making inspections to determine compliance with this section. The representatives shall be permitted to examine the records of the establishment to obtain information pertaining to food and supplies purchased, received or used.
(N) Report of inspections. Whenever an inspection of a food establishment or commissary is made, the findings shall be recorded on the inspection report form on file with the Village. The inspection report form shall summarize the requirements of this section and shall set forth a weighted point value for each requirement. Inspectional remarks should be written to reference, by item number, the item violated and should state the correction to be made. The rating score of the establishment shall be the total of the weighted point values for all violations, subtracted from 100. A copy of the completed inspection report form shall be furnished to the person in charge of the establishment at the conclusion of the inspection. The completed inspection report form is a public document that shall be made available for public disclosure to any person who requests it according to law.
(O) Correction of violations.
(1) The completed inspection report form shall specify a reasonable period of time for the correction of the violation found; and correction of the violations shall be accomplished within the period specified, in accordance with the following provisions:
(a) If an imminent health hazard exists, such as complete lack of refrigeration or sewage backup into the establishment, the establishment shall immediately cease food operations. Operations shall not be resumed until authorized by the Cook County Department of Public Health;
(b) All violations of 4 or 5 point weighted items shall be corrected as soon as possible, but in any event, within 10 days following inspection. A followup inspection shall be conducted to confirm correction at the discretion of the Cook County Department of Public Health;
(c) All 1 or 2 point weighted items shall be corrected as soon as possible, but in any event, by the time of the next routine inspection;
(d) When the rating score of the establishment is less than 60, the establishment shall initiate corrective action on all identified violations within 48 hours. One or more reinspections will be conducted at reasonable time intervals to assure correction;
(e) In case of temporary food establishments, all violations shall be corrected within 24 hours. If violations are not corrected within 24 hours, the establishment shall immediately cease food operations until authorized to resume by the Cook County Department of Public Health.
(2) The inspection report shall state the failure to comply with any time limits for correction may result in cessation of food operations. An opportunity for hearing on the inspection findings or the time limits or both will be provided if a written request is filed with the Village within 10 days following cessation of operations. If a request for hearing is received, a hearing shall be held within 20 days of receipt of the request.
(3) Whenever a food establishment is required under the provisions of this section to cease operations, it shall not resume operations until it is shown on reinspection that conditions responsible for the order to cease operations no longer exist. Opportunity for reinspection shall be offered within a reasonable time.
(P) Inspection report form. On file in the Village offices.
(Q) Examination and condemnation of food. Food may be examined or sampled by the Cook County Department of Public Health as often as necessary for enforcement of this section. The Cook County Department of Public Health may, upon written notice to the owner or persons in charge, specify with particularity the reasons therefore, place a hold order on any food which it believes is in violation of §§ 750.100, 750.110, 760.100, 760.110, of the Illinois Department of Public Health's publications currently titled, “Food Service Sanitation Rules and Regulations,” or “Retail Food Store Sanitation Rules and Regulations,” respectively, or any other section of this section. The Cook County Department of Public Health shall tag, label or otherwise identify any food subject to the hold order. No food subject to a hold order shall be used, served or moved from the establishment. The Cook County Department of Public Health shall permit storage of the food under conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished. The hold order shall state that a request for hearing may be filed within 10 days and that if no hearing is requested the food shall be destroyed. If a request for hearing is received, the hearing shall be held within 20 days after receipt of the request. On the basis of evidence produced at that hearing, the hold order may be vacated, or the owner or person in charge of the food may be directed by written order to denature or destroy such food or to bring it into compliance with the provisions of this section.
(R) Submission of plans.
(1) Whenever a food establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a food establishment, properly prepared plans and specifications for such constructions, remodeling, or conversion shall be submitted to the Village and the Cook County Department of Public Health for review and approval before construction, remodeling or conversion is begun.
(2) The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans and construction materials of work areas and the type and model of proposed fixed equipment and facilities. The Village and the Cook County Department of Public Health shall approve the plans and specifications if they meet the requirements of this section. No food establishment shall be constructed, extensively remodeled, or converted except in accordance with plans and specifications approved by the Village and the Cook County Department of Public Health.
(S) Pre-operational inspection. Whenever plans and specifications are required by division (R) of this section to be submitted to the Village and the Cook County Department of Public Health, the Village and the Cook County Department of Public Health shall inspect the food establishment prior to the start of operations to determine compliance with the approved plans specifications and with the requirements of this section.
(T) Procedure when infection is suspected. When the Cook County Department of Public Health has reasonable cause to suspect possible disease transmission by an employee of a food establishment, it may secure a morbidity history of the suspected employee or make any other investigations as indicated and shall take appropriate action. The Cook County Department of Public Health may require any or all of the following measures:
(1) The immediate exclusion of the employee from employment in food employments;
(2) The immediate closing of the food establishment concerned until, in the opinion of the Cook County Department of Public Health, no further danger of disease outbreak exists;
(3) Restriction of employee’s services to some area of the establishment where there would be no danger of transmitting disease;
(4) Adequate medical and laboratory examination of the employee and of other employees and of his and their body discharges.
(U) Reinspection costs. In the event a reinspection is deemed necessary by the inspector, the cost of any and all subsequent reinspection shall be borne by the holder of the license.
(V) Conditional license or permit. When structural, plumbing, electrical, ventilation or similar such defects exist in an established food facility that may require significant expenditures to correct, but are not considered to be imminent health hazards, 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 2 consecutive 12 month periods. The purpose of the conditional license or permit is to allow a reasonable period of time for correction of existing defects.
(W) Penalties. Any person violating the provisions of this section shall be fined not more than $1,000 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation continues.
(X) Injunctions. The Village shall have the right to enjoin any person or establishment in the event violations occur on a continuing basis.
(1997 Code, § 14.03) (Ord. CO-92-10, passed 8-13-1992; Am. Ord. C0-00-19, passed 11-20-2000; Am. Ord. C0-00-38, passed 12-4-2000; Am. Ord. C0-04-36, passed 11-15-2004; Am. Ord. CO-2014-35, passed 11-5-2014)