A.
1. No person, firm or corporation shall operate a food establishment or operate one or more food vending machines in McHenry County, unless he holds a valid operator's permit issued by the Health Authority in his name for the specific food establishment or vending machine. Category II and Category III vending machines, Category III Temporary Food Establishments and Category III Food Establishments serving only pre-packaged, non time/temperature control for safety food items are exempt from the permit and fee requirements; however, all other requirements of this Ordinance must be met.
2. Food prepared for human consumption outside of McHenry County and transported into McHenry County shall conform to the standards and provisions of this Ordinance. To determine the extent of compliance with such provisions, the Health Authority may require/accept reports from responsible authorities where such establishments are located.
B. Permit Renewal. Every operating permit shall be issued for the period May 1 – April 30, unless sooner revoked or suspended and may be renewed for successive periods not to exceed 1 year: Any operating permit not renewed by April 30, shall be considered delinquent, and a conditional permit may be issued May 1, provided that that the conditional permit fee specified in the Public Health Fee Ordinance is received at the Department within 5 working days. The conditional permit fee is in addition to the full permit renewal fee. Failure to submit the conditional permit fee within 5 working days will result in suspension of the permit until the permit renewal and permit reinstatement fees are paid. Any operating permit not renewed by June 1, will require that the food establishment immediately cease operations until the facility is fully compliant with this Ordinance as verified by Department inspection, and all applicable fees have been paid.
C. Condition for Permits. The Health Authority is hereby authorized upon application thereof, to issue new operating permits and renewals in the names of the applicant, owners or operators of food establishments. Within thirty (30) days of receipt of the permit application, the Health Authority shall either issue the permit or provide written justification for the denial of the permit. No permit shall be issued unless said establishment is found upon inspection to be in substantial compliance with all the requirements of this Ordinance. When conditions exist that a regular permit cannot be issued a conditional permit will be issued. A conditional permit suspends the regular health permit. A conditional permit is not intended for new food establishments or for food establishments under new ownership.
D. Conditional Permit. A conditional permit is issued for a period not to exceed 30 days at which time either the regular permit is issued or another conditional permit is issued if the conditions causing the conditional permit are not corrected. The cost of the conditional permit is due at the Health Department within 5 working days of receipt or the permit is suspended until such time that the fees have been received. A maximum of three (3) consecutive conditional permits will be issued in a permit year (May 1 – April 30.) A conditional permit suspends the regular health permit.
E. Application for Permit. No operating permit shall be issued or renewed unless the applicant, owner or operator has first made application therefore on an application form provided by the Health Authority. The Health Authority shall develop such forms and make them available to the public. Such application shall include:
1. Applicant's full name and post office address.
2. Whether applicant is an individual, firm or corporation, and if a corporation or partnership, the names of the officers or partners, together with their addresses.
3. Location of the commissary or commissaries where vending machines are repaired or renovated.
4. Type of Establishment.
5. The identity and form of the products to be dispensed through vending machines and the number of each such type vending machine in his possession.
6. The location and number of vending machines operated in McHenry County, Illinois.
7. Signature of the applicant or applicants.
F. Permit Fee. No operating permit shall be issued or renewed unless the completed application form is accompanied by a payment in accordance with the approved fee schedule contained in the Public Health Fee Ordinance approved by the McHenry County Board. A fee as contained in the Public Health Fee Ordinance shall be required for all replacement permits (i.e. due to loss, name changes, etc.).
G. Permit Display. The operator’s permit, as provided by the Health Authority, shall be displayed and be readily visible in each food establishment, vending machine location or on each vending machine operated by him.
H. Variations. When circumstances exist which make impractical full compliance with the requirements of this Ordinance, as listed in this paragraph, an applicant may request that the Public Health Administrator grant a variance. Such request shall be made in writing, shall cite the relevant Section numbers, and shall accompany any other pertinent data which might support the request or which the Public Health Administrator may require. An explanation of how the potential public health hazards and nuisances addressed by the relevant Sections of this Ordinance will be alternatively addressed shall be included. A Hazard Analysis Critical Control Point (HACCP) Plan shall be included if required by the Code for the specific procedure or process for which the variance is being requested. The Public Health Administrator may grant the request for variance provided the variance does not conflict with the stated purpose of this Ordinance. Variations will be considered for items in this Ordinance that do not compromise the wholesomeness, storage, handling, or service of foods. The Health Administrator or his designated representative shall respond to all variation requests, in writing, within thirty (30) days of receipt of the request. The Department may attach conditions to a variance to ensure that a variance does not result in creating a public health hazard or nuisance condition. Failure to continue to meet the conditions of a variance is a violation of this Ordinance and may result in the variance being rescinded.
I. Outdoor Cooking. Beer Gardens, pig roasts, fish boils, outdoor grilling and other outdoor food service events that are held in conjunction with permitted establishments shall only be allowed with a valid Supplemental Outdoor Grilling Health Permit or Temporary Food Permit issued by the Health Authority.
(Ord. O-201711-51-031, passed 11-14-2017)