(a) Required; Transferability; Posting. No person shall operate a food service establishment in the Village without first obtaining a valid permit, license or certificate therefor from the regulatory authority. Only a person who complies with this chapter shall be entitled to receive or retain such a permit, license or certificate. A permit, license or certificate is not transferable. A valid permit, license or certificate shall be posted in every food service establishment.
(b) Applications; Inspections; Issuance.
(1) Any person desiring to operate a food service establishment shall make written application for a permit, license or certificate on forms provided by the regulatory authority. Such application shall include the name and address of each applicant, the location and type of the proposed food service establishment and the signature of each applicant, and shall be accompanied by the appropriate regulatory fee as provided by Section 804.14 plus an additional one hundred dollar ($100.00) deposit. The actual costs incurred by the Village in using an independent contractor or the Cook County Health Department to perform the required inspection relative to the application and the additional quarterly inspections during the license year shall be deducted from the one hundred dollars ($100.00) which accompanied the application. Should said inspection fees be less than one hundred dollars ($100.00), the balance on deposit will be returned to the applicant at the end of the license year. Should said inspection fees exceed said one hundred dollar ($100.00) amount, no new permit, license or certificate shall be issued until the applicant has paid the balance due.
(2) Prior to the approval of an application for a permit, license or certificate, the Village Clerk shall cause an inspection of the proposed food service establishment to be made to determine compliance with this chapter.
(3) The Village Clerk shall issue a permit, license or certificate to the applicant if the inspection reveals that the proposed food service establishment complies with this chapter. Said permit, license or certificate shall be valid for a period of one year from its date of issuance.
(c) Suspension; Notice.
(1) The Mayor may, without warning, notice or hearing, suspend any permit, license or certificate to operate a food service establishment if the holder of the permit, license or certificate does not comply with this chapter, or if the operation of the food service establishment otherwise constitutes a substantial hazard to public health. Suspension is effective upon service of the notice required by paragraph (c)(2) hereof. When a permit, license or certificate is suspended, food service 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 a hearing within twenty days of receipt of a request for a 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 a hearing will be provided if a written request for a hearing is filed with the regulatory authority by the holder of the permit, license or certificate within ten days. If no written request for a hearing is filed within ten days, the suspension is sustained. The regulatory authority may end the suspension at any time if reasons for the suspension no longer exist.
(d) Revocation; Notice.
(1) The Mayor may, after providing an opportunity for a hearing, revoke a permit, license or certificate for serious or repeated violations of any of the provisions of this chapter or for interference with the regulatory authority in the performance of its duty.
(2) Prior to revocation, the regulatory authority shall notify, in writing, the holder of the permit, license or certificate, or the person in charge, of the specific reasons 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 ten days following service of such notice unless a written request for a hearing is filed with the regulatory authority by the holder of the permit, license or certificate within such ten-day period. If no request for a hearing is filed within the ten-day period, the revocation of the permit, license or certificate becomes final.
(e) Service of Notices. A notice provided for in this chapter is properly served when it is delivered to the holder of the permit, license or certificate, or to 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 regulatory authority.
(f) Hearings. The hearings provided for in this chapter shall be conducted by the regulatory authority at a time and place designated by it. Any oral testimony given at a hearing shall be reported verbatim and the presiding officer shall make provision for sufficient copies of the transcript. The regulatory authority 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 regulatory authority.
(g) 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 application for a new permit, license or certificate.
(Ord. 1986-19A. Passed 7-14-86; Ord. 1999-6. Passed 1-25-99.)