(A) The language set forth in the text of this Chapter shall be interpreted in accordance with the following rules of construction:
(1) The singular number includes the plural number, and the plural the singular.
(2) The word “shall” is mandatory; the word “may” is permissive.
(3) The masculine gender includes the feminine and neuter.
(B) Whenever in this Chapter the following words and phrases are used, they shall, for the purposes of this Chapter, have the meanings respectively ascribed to them in this Section, except when the context otherwise indicates.
ADULTERATED. The condition of food:
(a) If it bears or contains any poison- ous or deleterious substance in a quantity which may render it injurious to health;
(b) If it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by regulation or in excess of such tolerance if one has been established;
(c) If it consists in whole or in part of any filthy, putrid or decomposed substance or if it is otherwise unfit for human consumption;
(d) If it has been processed, prepared, packaged or held under unsanitary conditions, whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health;
(e) If it is in whole or in part the product of a diseased animal or an animal which has died otherwise than by slaughter; or
(f) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.
ALTERNATIVE NICOTINE PRODUCT. A product or device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means. ALTERNATIVE NICOTINE PRODUCT does not include: cigarettes as defined in Section 1 of the Cigarette Tax Act and tobacco products as defined in Section 10-5 of the Tobacco Products Tax Act of 1995; tobacco product and electronic cigarette as defined in this Section; or any product approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose.
AMBULANCE. A vehicle equipped and designed for the conveyance of the infirm or injured.
ANIMAL GROOM SHOP. An establishment for the grooming of small animals by means of washing, cutting of hair or fur, trimming of nails or claws and doing any such other things to improve their appearance. The operator of an animal groom shop shall be specifically prohibited from caring for or treating animals medically, and the keeper of an animal groom shop shall not be permitted to keep animals overnight or to operate a kennel.
APPROVED. Acceptable to the Health Officer based on its determination as to conformance with the appropriate standards and good public health practice.
ATTENDANT. An owner, agent or employee of a licensee; provided such owner, agent or employee is over twenty-one (21) years of age.
AUCTIONEER. An individual person employed to sell or put up material goods, chattel, or real estate at auction or any individual person employed to assist one or more auctioneers or to assist in the proceedings of auctions.
BANKER. One who is engaged in the business of banking by receiving money on deposit with or without interest or for a share in the association with or without interest, by buying and selling bills of exchange, promissory notes, gold or silver coins, bullion, uncurrent money, bonds or stocks, or other securities, and by loaning money.
BARBER SHOP or BEAUTY SHOP. A store establishment or place of business in which one or more persons are engaged in the practice of cutting and/or dressing the hair of patrons or any other practice conducted by a barber or cosmetologist.
BONA FIDE CONTEST. A real contest, conducted openly and sincerely, without fraud or deceit.
BROKER. An agent employed to make bargains and contracts for a compensation, which term shall be deemed to include but shall not be limited to those aspects of brokerage concerned with insurance, pawning, real estate, securities and stock.
CANNABIS. Any form or variety of cannabis as defined by the Cannabis Regulation and Tax Act, ILCS Ch. 410, Act 705, §§ 1-1 et seq., including cannabis contained within edible products.
CANNABIS DISPENSARY. Any facility that sells, dispenses or offers to sell at retail cannabis, cannabis-infused products, cannabis seeds, paraphernalia, or related supplies under the Cannabis Regulation and Tax Act, ILCS Ch. 410, Act 750, §§ 1-1 et seq., for medical or recreational use as authorized by said Act.
CIGARETTE, ALTERNATIVE NICOTINE PRODUCT or ELECTRONIC CIGARETTE VENDING MACHINE. Any mechanical, electric or electronic, self-service device which, upon the insertion of a coin or coins, tokens, or any other form of payment, dispenses cigarettes, matches, other tobacco products, alternative nicotine products, or electronic cigarettes. It shall not include machines or devices used solely for the vending of service, food, or confections.
COMMERCIAL ESTABLISHMENT. A place where commodities are exchanged, bought, or sold; a place wherein professions, businesses, and occupations may be carried on, and includes:
(a) Food Establishment: A building or premises or a portion thereof, the principal use of which is for the sale or dispensing or distribution or storage of food or foodstuff on or off the premises and in or out of the building.
(b) Service Establishment: A building or premises or a portion thereof, the principal use of which is for the rendering of personal or material services for profit, the wholesale distribution or storage of material goods or chattel, the sale or servicing or storage of motor equipment, the washing or cleaning or dyeing or repair of fabrics or wearing apparel or footwear on the premises, the storage or assembly or distribution or servicing or repair of building materials or electrical equipment or mechanical equipment, the storage or distribution of fuels or petroleum products, the servicing of printing or blueprinting or photocopying of multilithing or publishing or duplicating or similar reproduction services, the provision of facilities for instruction or training or participating in or presentation of the fine arts, or athletic skills or dexterity, or physical skills or dexterity.
(c) Retail, Wholesale, Manufacturing Establishment: A building or premises or portion thereof, the principal use of which is for the sale, manufacture, or distribution of material goods or chattels not included with or related to the sale of material goods or chattels or the provision of services
of food establishments or service establishments.
CONTEST. Any race, game, debate, or amusement in which there is a struggle with oneself or another to be a winner.
CONTRACTOR. Any person who enters into a contract and for a fixed price undertakes the performance or to cause the performance of works. This term shall include but shall not be limited to such persons engaging in masonry, electrical, heating, ventilation and air conditioning businesses.
CORPORATE AUTHORITIES. The Presi- dent and Board of Trustees of the Village of Schiller Park.
CORROSION-RESISTANT MATERIAL. A material which maintains its original surface character- istics under prolonged influence of the food, cleaning compounds and sanitizing solutions which may contact it.
COUNTY. The County of Cook, a body politic and corporate entity.
DRY CLEANERS and LAUNDRIES. Places where dirt, grease, paint, spots, stains, and/or any other form of foreign matter is removed from wearing apparel or household furnishings by means of washing with soap or detergent and water, or by any other means.
DRY CLEANING MACHINES. Machines used in the process of removing dirt, grease, paint, spots, stains, or any other form of foreign matter from wearing apparel or household furnishings by any means other than washing with soap or detergent and water.
DRUG, CHEMICAL, or PAINT FACTORY. Any premises or establishment where soda, soda ash,
sal soda, bicarbonate of soda, caustic soda, alcohol, ether, essential oil, carbolic acid gas, chlorine aniline, perfumes, coal tar chemicals, inks, dyes, bluing, boiler compounds, disinfectants, cleaning compounds, explosives, photographic chemicals, glycerin, proprietary or patent medicines, paints, linseed oil, shellac, varnish, enamels or other chemicals, drugs or preparations containing any of the foregoing are made, mixed, compounded, purified or prepared for sale or for commercial or industrial use.
EASILY CLEANABLE. Readily accessible and of material and finish and so fabricated that residue may be completely removed by normal cleaning methods.
ELECTRONIC CIGARETTE. Any device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation; any cartridge or container of a solution or substance intended to be used with or in the device or to refill the device; or any solution or substance, whether or not it contains nicotine intended for use in the device. ELECTRONIC CIGARETTE includes, but is not limited to, any electronic nicotine delivery system, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, or similar product or device, and any components or parts that can be used to build the product or device. ELECTRONIC CIGARETTE does not include: cigarettes as defined in Section 1 of the Cigarette Tax Act and tobacco products as defined in Section 10-5 of the Tobacco Products Tax Act of 1995; tobacco product and alternative nicotine product as defined in this Section; any product approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose; any asthma inhaler prescribed by a physician for that condition and is being marketed and sold solely for that approved purpose; or any therapeutic product approved for use under the Compassionate Use of Medical Cannabis Pilot Program Act.
ENTERTAINMENT. A planned amusement or diversion calculated to hold the interest and attention or to please business invitees entering upon the premises where such amusement takes place.
ENTRY or ENTRANCE. The making of one's way with the whole or part of one's body, hand, foot or any rock, projectile or other instrument or weapon into or onto the property of another.
EXHIBITION. A public show or display that one views or at which one looks, whether the same be pictures, merchandise, entertainers, or athletic feats.
EXPRESSMAN. A person, firm, or corpo- ration engaged in the business of transporting parcels or other movable property, in the capacity of a common carrier, and especially undertaking the safe carriage and speedy delivery of small but valuable packages of goods and money.
FLORIST and/or NURSERY. A place where trees (including Christmas trees), shrubs, vines, flowers, etc. are propagated for transplanting or for use, as stocks for grafting and/or a place where trees (including Christmas trees), shrubs, vines, flowers, etc. are maintained for sale at retail or wholesale or both.
FOOD. Any raw, cooked, or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption.
FOOD CONTACT SURFACES. Those surfaces of equipment and utensils with which food normally comes in contact, those surfaces with which food may come in contact and drain back to surfaces normally in contact with food.
FOOD DEALER. Every person engaged in, conducting or operating any:
(a) Fruit store or any other establishment for the retail sale of fresh fruit and berries.
(b) Grocery store or any other establishment for the sale at retail of butter, cheese, vegetables or other provisions.
(c) Ice cream parlor.
(d) Meat market or any other establishment for the mixing, compounding or baking for sale, for a restaurant, any bread or breadstuffs, or any food product of which flour or meal is the principal ingredient; except, that places where such foodstuffs are baked in restaurant kitchens for consumption on the premises only shall not be considered bakeries.
FOOD ESTABLISHMENT. Every person, firm, or corporation engaged in conducting or operating any of the following businesses:
(a) Bakeries. Any establishment for mixing, pounding or baking for sale, or purpose of a restaurant, any bread or breadstuffs, or any food products of which flour or meal is the principle ingredient; provided places where those foodstuffs are baked in a restaurant kitchen on the premises only shall not be considered bakeries.
(b) Food Delivery Vehicles. The term includes, but is not limited to, any vehicles, wagons, motor vehicles and vehicles propelled by manpower for
the storage or transportation of any meat or meat products, milk products, fish or fish products, bread or bakery products, 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 premises within the Village.
(c) Food Processing Establishment. An establishment in which food is processed, prepared, packaged or distributed for human consumption. This does not include a food service establishment or retail food store.
(d) Food Refrigeration Locker Plant. An establishment in which space in individual lockers is rented for the storage of food at or below a temperature of -18° C (0° F), and which may contain any of the following facilities: A chill room, locker room, sharp freezing facilities, equipment for cutting, preparing, wrapping and packaging meat and meat products, poultry and poultry products, food and food products.
(e) Food Service Establishment. Any place where food is prepared and intended for, though not limited to, individual portion service, and includes the site at which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term also includes delicatessen-type operations that prepare foods intended for individual portion service. The term does not include lodging facilities serving only a continental breakfast (a continental breakfast is one limited to only coffee, tea, and/or juice and commercially prepared sweet goods), private homes or a closed family function where food is prepared or served for individual family consumption, retail food stores or the location of food vending machines.
(f) Mobile Food Unit. A vehicle- mounted food service establishment designed to be readily movable.
(g) Retail Food Store. Means any establishment or section of an establishment where food and food product are offered to the consumer and
intended for, though not limited to, off-premises consumption. The term includes delicatessens that offer prepared food in bulk quantities only. That term does not include establishments which handle only prepackaged spirits; roadside markets that offer only fresh fruits and vegetables for sale; food service establishments; or food and beverage vending machines.
(h) Sharp Freezing Facility. A facility capable of maintaining temperatures of -18° C (0° F) or lower on still air or contact, and temperatures of -18° C (0° F) or lower when forced air circulation is used (with a tolerance of -15° C (5° F)) for either type of cooling for 12 hours after fresh food is put in the facility for freezing.
FROZEN FOODS. Any food or food product which has been preserved by freezing, subjected to a process of refrigeration sufficient to reduce every portion to -18º C (0º F) or lower.
FUNERAL DIRECTOR. A person whose business is to prepare the dead for burial and manage funerals.
GARAGE. A building, shed, or enclosure, or any portion thereof in which more than four (4) motor vehicles may be parked, stored, housed or kept, for which any charge is made.
GARAGE SALES or YARD SALE ACTIVITIES. The conducting of a sale involving open and public display of used household merchandise and materials upon a zoning lot within a residential district, designated as such by the zoning ordinance of the Village, where the zoning lot has as its principal use a permitted use within the district.
HEALTH CLUB. A place or organization offering instruction, training, or assistance in physical culture, body building, exercising, reducing, figure development, dancing or any other physical skill, or offering for the use by an individual patron of the
facilities of the dance studio, ballroom, health studio, gymnasium or other facility used for any of the above purposes; or offering membership in any group, club, association or organization formed to further any of the above purposes.
HEALTH OFFICER. The Health Officer (the Health Authority having jurisdiction) or a designated representative.
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.
JUNK DEALER. A person, firm, or corporation dealing in the gathering, buying, and/or selling in worn out and discarded articles and materials that have outlived their usefulness and which may be turned or converted into another product or put to some other use, either of the same or a different kind.
JUNK YARD. A place where old cordage and ships' tackle, old iron, rags, bottles, paper, chain, copper and/or parts of machinery are kept, purchased and/or sold.
KENNEL, ANIMAL HOSPITAL and PET SHOP. An establishment where dogs and other small animals are housed, bred, hospitalized, treated for ailments, groomed or sold. This term shall include but shall not be limited to animal hospitals and pet shops.
LAUNDROMAT. Any establishment in which coin-operated facilities are available for washing and/or drying clothes, or both, which is open and available to the general public for use.
LICENSEE. A person holding a license pursuant to the terms of this Chapter.
LOCKER PLANT. Any establishment wherein compartments are rented, leased or made available to other than the owner of the establishment for the refrigeration of food.
LUMBER YARD. Any place used for the storage of lumber, wooden containers, or wood.
MACHINE SHOP. As used in this Chapter, every workshop in which machines are made or metal parts thereof are repaired, or where parts or machines or tools, implements, gears, dies, screws, or other metal articles are cut, filed, shaped or repaired by means of a lathe or other machinery.
NICOTINE. Any form of the chemical nicotine, including any salt or complex, regardless of whether the chemical is naturally or synthetically derived.
NUISANCE. That class of wrongs which arise from the unreasonable, unwarrantable, or unlawful use by a person of his own property, either real or personal, or from his own improper, indecent, or unlawful personal conduct, working an obstruction of or injury to the right of another or of the public, and producing such material annoyance, inconvenience, discomfort, or hurt, that the law will presume resulting damages.
NUISANCE IN FACT. An act, occupation, or structure which is not a nuisance per se but may become a nuisance by reason of its circumstances or its location and surroundings.
OCCUPATION. A business, employment, or vocation that engages one's time.
PERSON. A natural person, partnership, firm, corporation, or organization of any kind.
POTENTIALLY HAZARDOUS FOOD. Means any food that requires time/temperature control for safety that consists, in whole or in part, of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacean, or other ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxic microorganisms; growth and toxin production of Clostridium botulinun; or, in raw shell eggs, the growth of Salmonella enteritidis. POTENTIALLY HAZARDOUS FOOD includes an animal food (a food of animal origin) that is raw or heat treated; a food of plant origin that is heat treated or consists of raw seed sprouts; cut tomatoes; cut melons; and garlic-in-oil mixtures that are not modified in a way that results in mixtures that do not support the growth of infectious or toxigenic microorganisms. The term does not include
foods that: Have a pH level of 4.6 or below; have a water activity (aw) of 0.85 or less; Are a food in an unopened hermetically sealed container, that is commercially processed to achieve and maintain commercial sterility under conditions of non-refrigerated storage and distribution; Are eggs with shell intact that have been pasteurized to destroy all viable salmonellae.
PRINTER. Any person engaged for gain or profit in the business of printing. That is, any person engaged for gain or profit in the production of printed matter by impressing letters or characters or photographs upon paper or any other substance.
PRIVATE EMPLOYMENT AGENCY. Any person engaged for gain or profit in the business of securing or attempting to secure employment for persons seeking employment or employees for employers. However, the term shall not include any persons engaged in the business of management consulting or management executive recruiting, and who in the course of such business is retained by, acts solely on behalf of, and is compensated solely by, an employer to identify, appraise or recommend an individual or individuals for consideration for an executive or professional position, provided that:
(a) The compensation of each such position is at the rate of not less than fifteen thousand dollars ($15,000.00) per year; and
(b) In no instance is the individual who is identified, appraised or recommended for consideration for such position charged a fee directly or indirectly in connection with such identification, appraisal or recommendation, or for preparation of any resume, or on account of any other personal service performed by the person engaged in the business of management consulting or management executive recruiting.
The term shall include: theatrical employment agency, which means the business of conducting an agency, bureau, office or any other place for the purpose of procuring or offering, promising or attempting to provide engagements for persons who want employment in the following occupations: circus, vaudeville, theatrical and other entertainment, exhibitions, performances, or of the giving information as to where such engagements may be procured or provided, whether such business is conducted in a building, on the street or elsewhere.
PRIVATE PREMISES. Any dwelling, house, building, or other structure, designed or used, either wholly or in part, for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
PROFESSION. A vocation, calling, occu- pation or employment involving labor, skill, educa- tion, special knowledge and compensation or profit – but in which the labor and skill involved are predominantly mental or intellectual, rather than physical or manual.
PROPERTY. Any realty, including improvements thereon and tangible personalty.
PUBLIC. The community at large.
PUBLIC DANCE. An event involving dancing and usually music, the rules for admission to which are not based upon personal selection or invitation.
PUBLIC PLACE. Any and all streets, boulevards, avenues, lanes, alleys or other public ways, and any and all public parks, squares, spaces, plazas, grounds and buildings.
PUBLIC SCALE. A computing instrument used in the receipt or disbursement of goods and commodities in the normal course of business carried on for profit.
REGISTER or REGISTRY. A book containing a record of facts as they occur.
RESIDENCE. Every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.
RETAIL SALE. A sale in small quantities or in broken lots or parcels, not in bulk, and directly to the consumer.
RETAIL SERVICE. A service made directly to the consumer.
SAFE MATERIALS. Articles manufactured from or composed of materials that may not 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 the materials used are food additives or color additives, as defined in the Federal Food, Drug and Cosmetic Act § 20.1(s) or (t), they are Safe only if they are used in conformity with regulations established pursuant to § 409 or § 706 of the Act. Other materials are Safe only if, as used, they are not food additives or color additives, as defined in §2011(s) or (t) of the Act, and are used in conformity with all applicable regulations of the Food and Drug Administration.
SAFE TEMPERATURES.
(a) As applied to potentially hazardous foods, temperatures at 5° C ( 41° F) or below, and 57° C ( 135° F) or above.
(b) As applied to frozen perishable foods, temperatures at -18° C (0° F) or below, except for a variation of -10° C (15° F) during transit, unloading or defrosting during a mechanical defrosting cycle. Temperatures shall be determined by measurement of the actual product temperature or the ambient air temperature in the storage device.
SECONDHAND DEALER. A person engaged in the business of buying and/or selling articles which have passed through the hands of one or more owners, who were retailers or consumers rather than wholesalers. The term shall be deemed to include but shall not be limited to pawn brokers, dealers in antiques, and dealers in junk.
SELF-SERVICE DRY CLEANING or DRY CLEANING. The process of removing dirt, grease, paint, spots, stains or any other form of foreign matter from wearing apparel or household furnishings, by
any means other than washing with soap or detergent and water.
SELF-SERVICE LAUNDERING or LAUN- DERING. The process of removing dirt, grease, paint, spots, stains or any other form of foreign matter from wearing apparel or household furnishings, by means of washing with soap or detergent and water.
SERVICE STATION. Any place of busi- ness where gasoline or any highly volatile fuel for motor vehicles or internal combustion engines is sold or offered for sale.
SINGLE-SERVICE ARTICLES. Cups, containers, lids or closures; plates knives, forks, spoons, stirrers, paddles, straws, place mats, napkins, doilies, wrapping materials and all similar articles constructed, in whole or in part, from paper, paper- board, molded pulp, foil, wood, plastic, synthetic or other readily destructible material; and which is intended by the manufacturer and generally recognized by the public as being for one use only, then to be discarded.
TEMPORARY FOOD SERVICE ESTA- BLISHMENT. Any food service establishment which operates at a fixed location for a temporary period of time, not to exceed two (2) weeks each year, in connection with a fair, carnival, circus, public exhibition or similar transitory gathering.
THEATER. Any edifice used for the purpose of dramatic, operatic, motion picture or other representations, plays, or performances, for admission to which entrance money is received.
THEATRICAL. An entertainment or exhibition which may include dramatic, operatic, motion picture or other representations, plays or performances, for admission to which entrance money is received.
TOBACCO PRODUCTS. Any product containing or made from tobacco that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, snus, and any other smokeless tobacco product which contains tobacco that is finely cut, ground, powdered, or leaf and intended to be placed in the oral cavity. TOBACCO PRODUCT includes any component, part, or accessory of a tobacco product, whether or not sold separately. TOBACCO PRODUCT does not include: an electronic cigarette and alternative nicotine product as defined in this Section; or any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose.
TOW TRUCK. A truck used in towing or draying, which term shall include, but shall not be limited to, “wrecker”.
TOWING SERVICE. The service of drawing or pulling vehicles or other objects by means of a rope or chain.
UNDERTAKING ESTABLISHMENT. Any place wherein the dead are prepared for burial and from whence the management of funerals is taken charge.
VEHICLE. Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway except devices moved by
human power or used exclusively upon stationary rails or tracks.
VETERINARY HOSPITAL. Any institu- tion, place or enclosure used for the harboring or reception for care and treatment of two (2) or more horses, dogs, cats or other animals.
VILLAGE. The Village of Schiller Park, Cook County, Illinois.
VILLAGE CLERK. The Village Clerk of the Village of Schiller Park.
VILLAGE MANAGER/COMPTROLLER. The Village Manager/Comptroller of the Village of Schiller Park
VILLAGE PRESIDENT AND BOARD OF TRUSTEES. The President and Board of Trustees of the Village of Schiller Park.
WASHING MACHINES or LAUNDERING EQUIPMENT. Machines and equipment used in the process of removing dirt, grease, paint spots, stains and any other form of foreign matter from wearing apparel or household furnishings by means of washing with soap or detergent and water.
(Ord. 02-2350, passed 7-9-02; Am. Ord. 11-2848, passed 11-22-11; Am. Ord. 19-4165, passed 8-1-19; Am. Ord. 19-4194, passed 12-19-19)