The following definitions shall apply in the interpretation and the enforcement of this Ordinance:
“Caterer” means any person, firm or corporation who provides food service to an event or location usually for a single event or celebration whether the food is prepared at an approved facility or at the location of the event.
“Commissary” means a catering establishment, restaurant, or any other place in which food, containers, or supplies are kept, handled, prepared, packaged or stored, and/or directly from which mobile food units or vending machines are serviced.
“Conditional Permit” means a permit issued when any condition other than those that require immediate abatement prohibits a regular permit from being issued.
“Department” means the McHenry County Department of Health.
“Festival” means a particular feast, holiday or celebration occurring each year at which food is served to the public for a period of no more than fourteen (14) days.
“Fixed Food Establishment” means a food establishment that is not a mobile food unit, a temporary food establishment, vending machine or vending machine location.
“Fixed Location – Drinks only” means a fixed food establishment that serves only beverages or beverages and pre-packaged snacks and/or frozen pizzas.
“Food Establishment”
A. means an operation that:
1. 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 to transport people; institution or food bank; and
2. 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.
B. “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.
C. “Food Establishment” does not include:
1. A produce stand that only offers whole, uncut fresh fruits and vegetables;
2. A food processing establishment; including those that are located on the premises of a food establishment;
3. 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;
4. An area where food that is prepared as specified in C3 above of this definition is sold or offered for human consumption;
5. A kitchen in a private home, such as a small day-care provider; or a bed-and-breakfast operation as defined in the Bed and Breakfast Act that prepares and offers food to guests;
6. A private home that receives catered or home-delivered food;
7. A cottage food operation;
8. A school or park district home economics class that prepares food providing food is not sold or offered to the general student body or the public.
“Health Authority” means the Administrator of the McHenry County Department of Health or his designated agent.
“Mobile Food Unit” means a food establishment designed to be readily moveable and which returns each day to the commissary for cleaning and servicing.
“Non-seasonal” Mobile Food Establishment” means a mobile unit that operates five (5) or more months per permit year.
“Nursing Home, Hospital, Other Institutions” means the primary fixed food establishment in a nursing home, hospital, long-term care facility or other similar institution. It includes satellite food dispensing areas on patient floors, but does not include additional food establishments such as bars and restaurants throughout those facilities.
“Pre-packaged” means bottled, canned, cartoned, bagged, or securely wrapped.
“Repetitious violation” means any violation, which has been noted on two or more inspection reports within a calendar year.
“Retail Food – No Food Preparation” means a fixed food establishment that provides only pre-packaged food and/or beverages for retail sale.
“Retail Food with Food Preparation” means a fixed food establishment whose primary business is providing pre-packaged foods and/or beverages for retail sale, but also includes food services such as a coffee station, soda dispenser, deli, bakery, etc.
“Satellite Food Establishment” means a fixed food establishment which receives all prepared food from an approved food establishment or commissary. The service of prepared foods may take place at a satellite food establishment. Satellite food establishment does not include facilities that only provide a venue for private parties and all food is provided by a variety of caterers.
“Schools, Daycares, Churches” means a fixed food establishment located in a private or public school, day care facility (child or adult) or church.
“Seasonal Food Establishment” means a fixed or mobile food establishment that operates less than five (5) months per permit year.
“Seasonal Temporary Food Permit” means a permit issued to a single temporary food vendor to operate multiple times at a single location throughout the permit year. A seasonal temporary food permit is not intended to replace a seasonal fixed food establishment permit for non-compliant facilities.
“Substantial compliance” means that there are no outstanding or repetitious critical violations at the food establishment.
“Supplemental Outdoor Grilling Health Permit” means a permit issued by the Health Authority to a fixed food establishment, in addition to the annual or seasonal health permit, which allows the outdoor grilling or cooking of food items.
“Temporary Food Establishment” means a food establishment that operates at a fixed location for a period of time of not more than 14 consecutive days in conjunction with a single event or celebration. For the purposes of this Ordinance, “Temporary Food Events” and Temporary Food Establishments” shall have the same meaning. Temporary Food Establishments shall be classified into three categories as follows:
1. Category I: Foods with extensive or complicated preparation of high-risk foods, or high-risk populations.
2. Category II: Food with limited preparation or handling.
3. Category III: Pre-packaged, non time/temperature control for safety foods, and pre-packaged ice cream products.
“Vending Machine” means a self-service device that, upon insertion of a coin, paper currency, token, card, or key, dispenses unit servings of food in bulk or in packages without the necessity of replenishing the device between each vending operation. Vending machines shall be classified into three categories as follows:
1. Category I: vending machines that vend in part or in total time/temperature control for safety foods and/or beverages into an open container.
2. Category II: vending machines that vend only pre-packaged, non time/temperature control for safety foods.
3. Category III: vending machines that vend only bottled or canned beverages and/or gum and loose candy.
“Wholesome” means in sound condition, clean, free from adulteration, and otherwise suitable for use as human food.
(Ord. O-201711-51-031, passed 11-14-2017)