Loading...
A. Persons Who May Secure License: No person may secure a license to conduct or sponsor any teenage dance except an adult sponsoring group, provided, however, that this Section shall not apply to organizations exempted under Section 8-23A-2 of this Article.
1. The approximate attendance expected and the minimum number of adult supervisors who will be in attendance at all times during the holding of said dance, said minimum number of supervisors to be not less than one per one hundred (100) teenagers, or fraction thereof, in attendance;
2. The names and addresses of the supervisors who will be in attendance at said dance;
3. The approximate expenses to be incurred as an incident to the holding of said dance, and the admission charge, if any, required as an incident to the attendance of each said dance;
4. A certificate of the applicant stating that the applicant assumes full and complete responsibility for each event, its direction and any expenditure of funds connected therewith.
C. Parking Lots; Lighting and Supervision: All off-street parking facilities made available for the participants of teenage dances shall be lighted and supervised as follows:
1. Lighting: Parking facilities shall be lighted in such a manner as to provide illumination to all vehicles sufficient to insure the safety of those persons using said facility and to permit supervision of the parking area.
2. Supervision: Parking facilities shall be supervised and inspected at reasonable intervals.
D. Attendance: No minor admitted to a teenage dance shall be permitted to leave and thereafter re-enter the dancing premises during the duration of this dance, and no readmission pass of any kind shall be issued to anyone exiting the premises during a dance.
E. Use of Alcoholic Beverages or Other Intoxicants Prohibited: Admission to a teenage dance shall be denied to any person showing evidence of drinking any alcoholic beverage or taking any other intoxicant or who has any alcoholic beverage or other intoxicant on his person.
F. Participation of Adults Prohibited: A person nineteen (19) years of age or over shall not attend any teenage dance as a participant. This Section does not prohibit the attendance and participation of chaperons or sponsors.
G. Loitering: No person, having first been requested to leave by a chaperon or other person in charge, shall remain or loiter in, around or about the premises at which a teenage dance is being conducted.
H. Closing: All teenage dances shall terminate one half (1/2) hour before the curfew time established for minors.
I. Residence of Sponsors: At least two (2) persons of the sponsoring group shall have been bona fide residents of the Village of Oak Park for at least three (3) months prior to making application for a license under this Article.
The following words and phrases shall have the meanings, and are hereby defined, as follows:
ACCESSIBLE: Capable of being exposed for cleaning and inspection with the use of simple tools such as a screwdriver, pliers or open-end wrench.
ADULTERATED FOOD: The condition of any food that:
1. Contains any poisonous or deleterious substance in a quantity which may render it injurious to health.
2. Contains any added poisonous or deleterious substance for which no safe tolerance has been established by regulation or is in excess of such tolerance if one has been established.
3. Consists in whole or in part of any filthy, putrid, or decomposed substance or if it is otherwise unfit for human consumption.
4. Has been processed, prepared, packed or been held under unsanitary conditions whereby it may have been contaminated with filth or whereby it may have been rendered injurious to the public's health.
5. Is in whole or in part the product of a diseased animal or animal which has died otherwise than by slaughter.
6. Whose containers are composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.
Acceptable to the Health Department of the Village of Oak Park based on a determination of conformity with principles, practices, and generally recognized standards that protect public health.
APPROVED: Acceptable to the Health Department of the Village of Oak Park based on determination as to conformance with appropriate standards and good public health practice.
CLEANING: The physical removal of residues of foods, ingredients and other soiling materials.
CORE ITEM: A provision of the current edition of the U.S. FDA Food Code that is not designated as a priority item or a priority foundation item. A "core item" is related to general sanitation, operational controls, sanitation standard operating procedures, facilities or structures, equipment design or general maintenance.
CRITICAL LIMIT: The maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a critical control point to minimize the risk that the identified food safety hazard may occur.
DEPARTMENT: Oak Park Department of Public Health.
DIRECTOR: The Director of the Department of Public Health or his or her duly appointed representative.
FOOD ESTABLISHMENT: An establishment that 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 used to transport people; institution; or food pantry; and 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.
1. A food establishment includes 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 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.
2. A food establishment does not include an establishment that offers only prepackaged foods that are not time/temperature control for safety foods; a produce stand that only offers whole, uncut fresh fruits and vegetables; a food processing plant including those that are located on the premises of a food establishment; a kitchen in a private home, such as a small family daycare provider or a bed and breakfast operation as defined in the Illinois Bed and Breakfast Act, 50 Illinois Compiled Statutes 820/1 et seq., as amended, that prepares and offers food to guests; a private home that receives catered or home delivered food; a closed family function where food is prepared or served for individual family consumption; or a cottage food operation as defined in 410 Illinois Compiled Statutes 625/4, as amended.
FOOD DELIVERY VEHICLES: Includes, but not necessarily limited to the following: Any vehicles, wagons, motor vehicles and vehicles propelled by manpower, for the storage or transportation of any meat or meat products, milk or milk products, fish or fish products, bread or bakery products or any other provision intended for human consumption, excluding carbonated beverages and alcoholic liquors, within the Village for the purpose of delivering the above commodities to any premise within the Village.
FOOD PROCESSING PLANT: A commercial operation that manufactures, packages, labels, or stores food for human consumption, and provides food for sale or distribution to other business entities such as food processing plants or food establishments. Food processing plant does not include a food establishment.
FROZEN FOODS: Any food or food product which has been preserved by freezing or subjected to a process of refrigeration sufficient to reduce every portion to minus eighteen (-18) Centigrade degrees (0 Fahrenheit degrees) or lower.
GOOD REPAIR: The absence of any deterioration, damage or wear which may harbor dirt or food; items not in good repair would display property which impedes cleaning.
HACCP: Hazard analysis and critical control point (HACCP).
HACCP PLAN: A systematic approach to the identification, evaluation and control of food safety hazards.
HERMETICALLY SEALED CONTAINER: A container designed and intended to be secure against the entry of microorganisms and to maintain the commercial sterility of its contents after processing.
ILLINOIS FOOD CODE: The latest edition of the Illinois Food Code, as amended, promulgated by the Illinois Department of Public Health and adopted herein by reference.
ILLINOIS LOCAL HEALTH PROTECTION GRANT CODE: The latest edition of the Illinois Local Health Protection Grant Code, as amended, promulgated by the Illinois Department of Public Health and adopted herein by reference.
MISBRANDED: Food may be deemed to be misbranded:
1. If the label, brand, tag or notice under which it is sold is false or misleading in any particular as to the kind, grade or quality or composition;
2. If it is sold as the product of one manufacturer when in reality it is the product of another manufacturer; or
3. If on the label, brand, tag or notice under which it is sold there is any false statement concerning the sanitary conditions under which it is manufactured.
MOBILE FOOD ESTABLISHMENT: Any food service establishment capable of being readily moved from location to location; one without a fixed location.
PERISHABLE FOOD: Any food of a type or in such condition as may spoil, but does not include foods or beverages enclosed in hermetically sealed containers, unless such container is labeled so as to indicate that the contents are perishable.
PRIORITY ITEM: A provision in the U.S. FDA Food Code whose application contributes directly to the elimination, prevention or reduction to an acceptable level, hazards associated with food borne illness or injury and there is no other provision that more directly controls the hazard. A priority item includes items with a quantifiable measure to show control of hazards such as cooking, reheating, cooling, hand washing; and an item is an item that is denoted in the U.S. FDA Food Code with a superscript P - P.
PRIORITY FOUNDATION ITEM: A provision in the U.S. FDA Food Code whose application supports, facilitates or enables one or more priority items. A priority foundation item includes an item that requires the purposeful incorporation of specific actions, equipment or procedures by industry management to attain control of risk factors that contribute to food borne illness or injury such as personnel training, infrastructure or necessary equipment, HACCP plans, documentation or record keeping, and labeling; and an item that is denoted in the U.S. FDA Food Code with a superscript Pf - Pf.
RETAIL FOOD STORE: Grocery store; meat market; poultry market; fresh fruit and vegetable market; confectionery; nut store; or any other establishment whether fixed or moveable where food, intended for human consumption off the premise is manufactured, produced, prepared, handled, transported, sold or offered for sale at retail to the general public. A delicatessen or other facility by whatever name, where foods are cooked or prepared, located, within a food store, shall have to comply with such other food sanitation regulations that apply to such food preparation operations.
SAFE MATERIALS: Articles manufactured from or composed of materials that may reasonably be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of any food with which they may contact. If materials used are food additives or color additives as defined in section 20.1(s) or (t) of The Federal Food, Drug or Cosmetic Act, they are "safe" only if they are used in conformity with regulations established pursuant to section 409 or section 706 of the Act. Other materials are "safe" only if, as used, they are not food additives or color additives as defined in section 20.1(s) or (t) of The Federal Food, Drug and Cosmetic Act and are used in conformity with all applicable regulations of the Food and Drug Administration.
TEMPORARY FOOD ESTABLISHMENT: A food establishment that operates for a period of no more than fourteen (14) consecutive days in conjunction with a single event or celebration.
TIME/TEMPERATURE CONTROL FOR SAFETY FOOD: A food that requires time/temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation.
U.S. FDA FOOD CODE: The current edition of the United States Food and Drug Administration Model Food Code, as amended, and adopted herein by reference.
WHOLESOME: In sound condition, clean, free from adulteration and otherwise suitable for use as human food.
A. License Required, Posting; Duration. It shall be unlawful for any person who does not possess a valid license obtained from the Village, which is neither revoked nor suspended, to establish, maintain or operate a food establishment within the Village. Such license shall be posted in a conspicuous place at the food establishment. The license for a food establishment shall be valid for the licensing period unless revoked or suspended as provided herein and must be renewed annually. Licenses are not transferable from one person to another or from one location to another. Every person licensed and operating vehicles under the provisions of this Article shall maintain a copy of their active Village license in their vehicle.
B. Application for and Issuance of License; License to Remain in Force. The application for a food establishment license shall be made in conformity with the general requirements of this Code. The application shall convey to the Village Clerk such pertinent information as may be necessary and required in order to inform that office fully as to the size and nature of the place to be used for the purpose of the business and the conditions, equipment and facilities for conducting the business therein. Before any license shall be issued, and before any food may be dispensed, the Village Clerk shall refer all applications for a license to operate a food establishment to the Public Health and Code Administration Departments for inspection. The Public Health and Code Administration Departments shall inspect the premises for which the license application is made and report the findings thereon to the Village Clerk within seven (7) days with a recommendation for either approval of the license or advising against the issuance of the license applied for.
When a person who has applied for a license has complied with all of the requirements of this Chapter, and the General Licensing Chapter, the Village Clerk shall issue the license requested.
All licenses for the operation of a food establishment now held by any person shall continue in force for the period for which they are issued.
C. Transferability. No license issued for the operation of any food establishment shall be assigned or transferred to any other person, nor to any other location; but a new license must be obtained by any new operator or owner of any such business, or if the location thereof be changed, the old license must be surrendered, and a new license shall be obtained and the fees therefor must be paid. No refund shall be granted by an unexpired period of the former license.
D. Suspension and Revocation of License. The Village Manager and/or Director of Public Health may, without warning, notice or hearing, suspend any license to operate a food establishment if the holder of the license does not comply with the requirements of this Article, or if the operation of the establishment does not comply with the requirements of this Article, or if the operation of the food establishment otherwise constitutes a substantial hazard to public health.
When a license is suspended, food operations shall immediately cease. The holder of the license shall be notified in writing that the license, upon service of the notice, is immediately suspended and that an opportunity for a hearing before the Director of Public Health will be provided if a written request for a hearing is filed within ten (10) days. The Director of Public Health may end the suspension at any time if reasons for the suspension no longer exist.
The Board of Health may, after providing opportunity for a hearing, revoke a license for serious or repeated violations of any of the requirements of this Article or for interference with the Director of Public Health or his or her duly appointed representative in the performance of duty.
Prior to revocation or refusal to renew a license for a food establishment, a hearing shall be held before the Board of Health. Acting as the hearing board authorized by Section 8-1-15 the Board of Health may act upon its own motion, or upon the verified complaint in writing of any person setting forth facts which if proven would constitute grounds for the denial of an application for a license, the refusal or removal of a license, and the revocation of a license, or upon the petition of an applicant investigate the applicant or licensee. Proceeding shall be as provided in Section 8-1-15, provided the hearing body shall be the Board of Health.
The Board of Health shall make findings of fact and render a decision which shall be entered upon record of the Board.
The decision of the Board of Health may be appealed to the Board of Trustees in which event the proceedings shall be reviewed and a decision rendered by the Board of Trustees based on the written record before the Board of Health.
Whenever a revocation of a license has become final, the holder of the revoked license may make written application for a new license.
E. Construction and Remodeling Food Establishments. Any person who desires or proposes to remodel an existing building or portion thereof which is being used or is proposed to be used to conduct a food establishment, or who desires or proposes to construct a new building which is to be used in whole or in part to conduct a food establishment, shall, prior to such remodeling or construction, submit plans and specifications to the Village for review and approval. The plans and specifications shall include a menu and indicate the proposed layout, arrangement, mechanical plans and construction materials of work areas, and the type and model of fixed equipment and facilities. All equipment installed pursuant to this Section shall be listed in the most recently published National Sanitation Foundation Annual Listing of Food Service Equipment or meet equivalent standards. The Village shall review the plans, and if they conform to the sanitation and construction requirements of this code, the Village shall approve them and return one copy thereof with approval written thereon. The Village shall retain the other copies for the files and records of the Village.
If the Village finds that the plans do not conform to the sanitation and construction requirements of this Code, the Village shall communicate in writing said item to be corrected prior to Village approval. Whenever plans and specifications have been approved by the Village, the Village shall cause to have made such inspections as may be necessary prior to the start of operations, to determine compliance with the approved plans and specifications and with the requirements of this Code.
F. Reopening of Discontinued Food Establishments. If any food establishment which is now being maintained and operated shall be vacated, discontinued or unused for a period of six (6) consecutive months or more and shall thereafter be reopened or reestablished as a food establishment, it shall be considered a new food establishment for the purpose of this Article and treated accordingly.
G. Inspection of Food Establishments. The Director of Public Health shall make or cause to have made an inspection of all food establishments at least as often as prescribed in the Illinois Local Health Protection Grant Code, but no less than at least once each six (6) months. Other inspections, surveys, investigations and studies of food establishments shall be performed as may be necessary to determine that all food establishments are constructed, operated and maintained in compliance with the standards and requirements set forth in this Article. In case a violation of any item of sanitation shall be discovered by the Health Inspector he shall make a second inspection after the lapse of such time as he deems necessary for the defect to be remedied, and the second inspection shall be used in determining compliance with the requirements of this Article.
H. Report of Inspections. Whenever an inspection of a food establishment is made, the findings shall be recorded on an inspection report form provided by the Director of Public Health. The inspection report form shall summarize the sanitary requirements of this article. A copy of the completed inspection report form shall be furnished to the license holder at the conclusion of the inspection.
The most recent copy of the inspection report provided to the license holder shall be posted upon the inside wall of the food establishment under the license. The most recent inspection report shall not be defaced or removed by any person except the Director of Public Health or his or her representative. Another copy of the inspection report shall be filed with the records of the Department of Public Health. The completed inspection report form is a public document and shall be made available for public disclosure to any person who requests it according to law.
1. The inspection report shall state the penalty (including license suspension or revocation) for failure to correct inspection determined deficiencies within the time limits for corrections. An opportunity for hearing on the inspection findings or the time limitations or both will be provided if a written request is filed with the Director of Public Health within ten (10) days after delivery of the inspection report. If a request for hearing is received, a hearing shall be held by the Director of Public Health within twenty (20) days of receipt of the request.
2. Whenever a food service establishment is required under the provision 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.
I. Correction Of Violations: Violations shall be corrected as follows:
1. Priority Item or Priority Foundation Item Violation: A licensee shall correct a priority item or priority foundation item violation or HAACP plan deviation as follows unless otherwise required by the Village:
a. Seventy two (72) hours after an inspection for the licensee to correct a priority item violation; or
b. Ten (10) calendar days after an inspection for the licensee to correct a priority foundation item violation or HACCP plan deviation.
2. Core Item Violation: A license holder shall correct a core item violation by a date and time as required by the Village but no later than ninety (90) calendar days after an inspection. The Village may approve an extension of said period if a written schedule of compliance is submitted by a licensee and approved by the Village.
3. Temporary Food Establishment Violation: In the case of temporary food service establishments, all violations shall be corrected within twenty four (24) hours. If violations are not corrected within twenty four (24) hours, the food establishment shall immediately cease food service operations until authorized to resume by the Director of Public Health.
4. Imminent Health Hazard/Ceasing Operations And Reporting: A licensee shall immediately discontinue operations and notify the Village if an imminent health hazard exists because of an emergency such as a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of a food borne illness outbreak, gross insanitary occurrence or condition, or other circumstance that may endanger public health.
a. A licensee is not required to discontinue operations in an area of an establishment unaffected by an imminent health hazard.
b. The Village may allow a licensee to continue operations in the event of an extended interruption of electrical or water service based upon the nature of the potential hazard and the complexity of the necessary corrective action if:
(1) A written emergency operating plan has been approved;
(2) Immediate corrective action is taken to eliminate, prevent, or control any food safety risk and imminent health hazard associated with the electrical or water service interruption; and
(3) The Village is informed upon implementation of the written emergency operating plan.
J. Access: Free access to all food establishments shall be accorded to the Director of Public Health or his or her representatives at all reasonable times for the purpose of inspection and examination of such places and of the food stored, manufactured, processed, prepared, displayed, handled, served, sold or offered for sale therein or thereon. No person holding a valid license, including such person's agents and employees, shall obstruct or otherwise hinder, delay or detain the Director or his or her representative in making such inspections in pursuance of his or her duty. Free access to any or all records of food received, used or purchased shall also be accorded the Director or his or her representative.
K. Food Establishments Located Outside The Village: Food establishments not located in the Village but whose products are sold or served in the Village must be approved by the State Department of Public Health in the state in which such food establishment is located, or by other properly constituted enforcing agencies. At the direction of the Director, such extraterritorial food establishments may be required to have placed on file with the department the latest copy of an inspection report from the State Board of Health or other proper enforcing agency having cognizance over the nonlocal establishment stating this food establishment is in compliance with all the requirements of the applicable code relating to sanitation. On receipt of such report, the department may permit the sale or serving of the products from such food establishments in the Village as long as such establishment remains in compliance with the requirements of the applicable code. (1981 Code)
L. Sanitation Requirements For Food Establishments: The sanitation requirements for food establishments shall be regulated in accordance with the terms of the Illinois Food Code, as may from time to time thereunder be amended, three (3) copies of which are and shall remain on file in the office of the Village Clerk.
M. Education of Food Establishment Employees. Food establishment license holders and their employees may be required to attend a foodhandlers' educational program at a time and place designated by the Director of Public Health.
N. Inspection of Food Establishments Upon Sale or Change of Ownership; Penalties: No existing food establishment, as defined in this Article, shall be sold or otherwise undergo a transfer of ownership unless the seller furnishes the buyer or prospective new owner or operator with a Health Department report of change of ownership inspection, said report to be provided no more than sixty (60) days prior to the sale or transfer of ownership of the business but no later than the day of said sale or transfer of ownership. The change of ownership inspection report shall be based on an inspection, performed by the Public Health Department, of all food supplies, equipment and utensils, sanitary facilities and controls, and the construction and maintenance of the physical facilities as defined in the Code of the Village or any other applicable code(s) adopted by reference herein. The report shall list all known violations, if any, of applicable sanitary rules and regulations of the Village. The request for a change of ownership inspection must be made by the seller or seller's agent at least two (2) weeks prior to the scheduled sale or transfer of ownership. A sale for the purpose of this Section includes contract sales, exchanges and transfers of possession or control of a food establishment.
Any person participating in such a sale in violation of this Section, either as a seller or by receipt of a sales commission in conjunction therewith, shall be deemed in violation thereof and be subject to penalties as provided in Section 1-1-5 of this Code. Any contract executed in violation of this Section shall be voidable by the buyer. Nothing herein shall relieve the buyer of complying with this Section or other applicable provisions of this Code. (Ord. 1985-0-48, 7-15-85; amd. Ord. 18-394, 7-30-2018; Ord. 19-73, 9-3-2019)
Loading...