(A) Permit.
(1) It shall be unlawful for any individual or organization to provide or offer food and/or beverages to the public or for any person to operate a food establishment within the county in the state, without first obtaining a valid permit issued to them by the Health Authority. Only a person who complies with the requirements of this chapter shall be entitled to receive or retain such a permit.
(2) The permit will be issued with specific operational restrictions in the name of the owner/operator and the establishment. It is not transferable to another owner/operator at the establishment nor is it useable by the same owner/operator at some other location or outside of the permitted fixed facility nor can the facility operate outside the permitted restrictions. A valid permit shall be posted for public display in every food establishment.
(3) Issuance of permit.
(a) Any person desiring to operate a food establishment shall make written application for a permit on forms provided by the Health Authority. If construction or remodeling is required, plans and specifications must be submitted with the application prior to construction (see § 114.075). Such application shall include, but is not limited to, the name and address of the owner, the location and type of the proposed food establishment, the signature of the applicant, and the appropriate annual permit fee. All persons operating a food establishment shall be required to apply for renewal of a permit under this division each calendar year after the first permit is issued.
(b) Prior to approval of an application for permit, the Health Authority shall inspect the proposed establishments and existing establishments coming under new ownership to determine compliance with the requirements of this chapter and/or in accordance with the approved plans.
(c) The Health Authority shall issue a permit if its inspection reveals that the establishment complies with the requirements of this chapter, and the appropriate annual permit fee has been received by the Health Authority.
(d) Permits shall be valid for one calendar (January 1 through December 31) year. The owner/operator must be in compliance with applicable annual permit requirements. Fees for annual permits are included in Appendix A and are non-refundable.
(4) Permit fee. The annual fees to be charged for the issuance of permits to operate by the Health Authority in pursuance of its authority to regulate and supervise food establishments are indicated in Appendix A. Permit fees are non-refundable.
(B) Temporary food establishments. Permits for temporary food establishments shall be valid only for the period of time designated for the temporary permit and must be in conjunction with a single event or celebration. Each temporary permit shall not exceed 14 days for that specific event. Temporary permit applications must be submitted and payment received at least seven days prior to the event or a late fee is assessed as outlined in Appendix A. Temporary permit fees are non-refundable. Temporary permits will not be issued to facilities or operators in place of having an appropriate approved food establishments. Only a person who complies with the requirements of the temporary food guidelines which includes but is not limited to mechanical refrigeration for time/temperature control for safety food shall be entitled to receive or retain such a permit. The Health Authority shall issue a temporary permit if its inspection reveals that the establishment complies with the requirements of this chapter and any other applicable laws, and the appropriate temporary permit fee has been received by the Health Authority. Fees for temporary food establishment permits are included in Appendix A and are non-refundable.
(1) Multiple location temporary event permit. An operator may obtain a multiple location temporary event permit. The permit shall be valid only from January 1 through December 31. An operator shall apply for a multiple location temporary event permit and pay applicable fees as outlined in Appendix A. Multiple location temporary permit applications must be submitted and payment received at least seven days prior to the first event in which the vendor will be participating or a late fee may be assessed as outlined in Appendix A. A list of events in which the vendor is participating shall be included with the multiple location temporary permit application. Multiple location temporary permits will not be issued to facilities or operators in place of having an appropriate approved food establishment. Only a person who complies with the requirements of the temporary food guidelines which includes but is not limited to mechanical refrigeration for time/temperature control for food safety food shall be entitled to receive or retain such a permit. The Health Authority shall issue a multiple location temporary permit if its inspection reveals that the establishment complies with the requirements of this chapter, and the appropriate multiple location temporary permit fee has been received by the Health Authority. Operators shall conspicuously display the multiple location temporary permit at each event in which they participate. Permits shall not be copied nor used at multiple locations on the same day. Fees for multiple location temporary food establishment permits are included in Appendix A and are non-refundable.
(C) Discounted permit fees. The following shall be subject to 50% of the food permit fee, the discounted permit fee does not relieve any person from obtaining a permit and meeting all other requirements of the chapter:
(1) All governmental entities including, but not limited to, townships, cities, fire protection districts, county facilities;
(2) All schools, public or private, which serve food or beverages in conjunction with school authorized activities; this discount does not apply to day care centers, preschools, schools permitted for milk service only and third party operators;
(3) All churches and temples;
(4) Temporary food permit fees for all non-profit, benevolent, charitable, or community organizations. (However, 100% of the annual applicable permit fee must be paid by non-profit benevolent, charitable or community organizations.)
(D) Exempt from permit fees. The following shall be exempt from the food permit fee; the permit fee exemption does not relieve any person from obtaining a permit and meeting all other requirements of the chapter: All soup kitchens, food pantries, and surplus food outlets which provide food to the public at no charge.
(E) One-half year permits. Any permit (with the exception of temporary permits and the supplemental permits) issued after July 1 shall be charged one-half of the annual fee. The annual permit fee shall be made payable to the Will County Health Department and this fee shall not be refundable.
(F) Renewal of annual permits. The annual permit fee shall be due no later than December 31st. Notwithstanding the foregoing, due to the COVID-19 Pandemic, annual permit fee payments for the calendar year 2021 (which are due on or before December 31, 2020) shall not be assessed a penalty fee unless the establishment is operating and the annual permit fee is not paid prior to March 1, 2021. Such late penalty fee shall be an additional 25% of the annual permit fee. For all calendar years subsequent to calendar year 2021, permit fees not received by December 31st of the previous calendar year will be assessed a late penalty of an additional 25% of the annual permit fee.
(G) Failure to apply for an annual permit. Food establishments with new operators who begin operations prior to obtaining a food permit will be charged the annual permit fee and will be assessed a late penalty of an additional 25% of the annual permit fee.
(H) Outdoor grilling at fixed food establishments. Any person, desiring to cook or grill outside the permitted fixed category one or category two food establishment on a periodic or seasonal basis but is not associated with temporary event, shall make written application for a supplemental permit on forms provided by the Health Authority. Such application shall include, but not limited to, the name and address of the owner, the location of the fixed food establishment, the signature of the applicant, the menu, and the appropriate outdoor grilling permit fee.
(1) A HACCP plan must be submitted to and approved by the Health Authority prior to issuing of the supplemental permit to grill outdoors. Failure to comply with all components of the HACCP plan will result in the immediate suspension of the supplemental permit.
(2) Grill cooking must be done on the premises immediately adjacent to the permitted fixed food establishment. All other food preparation and food service must be done within the facility.
(3) The grill must meet the published standards of an American National Standards Institute (ANSI) accredited equipment certification program, or be approved by the Department.
(4) The grill must be located on a smooth and easily cleanable surface during use. Sealed concrete, mortared non-textured brick, commercially designed synthetic floor material, and asphalt are some recommended surface materials.
(5) Grills shall be effectively separated from public access and not in close proximity to waste receptacles or dumpsters.
(6) At least one hand washing lavatory with hot and cold water under pressure, and plumbed to an approved wastewater disposal system, shall be provided. The hand washing station may be located inside the facility if it is easily accessible to the grilling area.
(7) Products being grilled should be protected from the elements. Acceptable protection shall include a closed grill cover, a canopy or a roofed area.
(8) Approved mechanical refrigeration must be provided if raw products or other time/temperature control for safety food items are not immediately brought from inside the approved kitchen facility to the grill.
(9) All cooked time/temperature control for safety food products must be held and served inside the facility at 135 degrees F.
(10) The person in charge shall be onsite at all times that foods are being grilled.
(11) Grilling menu must be limited to food items requiring limited preparation which does not include processes such as smoking and pig roasting.
(a) Prior to approval of an application for supplemental permit, the Health Authority shall inspect the establishment to determine compliance with the requirements of this chapter.
(b) The Health Authority shall issue a permit if its inspection reveals that the establishment complies with the requirements of this chapter, and the appropriate supplemental permit fee has been received by the Health Authority.
(c) Permits shall be valid only for the period of time designated for the supplemental permit per one calendar (January 1 through December 31) year. It shall be unlawful for any fixed facility to
operate as stated above within Will County in the State of Illinois, which does not possess a valid supplemental permit issued to them by the Health Authority. Only a fixed facility which complies with the requirements of this chapter shall be entitled to receive or retain such a permit.
(d) The supplemental permit will be issued in the name of the owner and the establishment. It is not transferable to another owner at the establishment nor is it useable by the same owner at some other location. A valid permit shall be posted for public display.
(I) Cottage food. Any person desiring to operate as a cottage food operation as defined in Section 4 of the Illinois Food Handling Regulation Enforcement Act must register annually by submitting the Will County Health Department Application for Cottage Industry Registration and pay the registration fee as outlined in Appendix A.
(J) Vending machines. Only those vending machines that vend in part or in total time/temperature control for safety food, and/or beverages into an open container shall be subject to the requirements of this chapter. Vending machines must meet all applicable requirements in the Illinois Department of Public Health, Food Code, 77 Ill. Adm. Code 750, and any subsequent revisions. Vending machines that vend in part or in total time/temperature control for safety food, and/or beverages into an open container that are located and serviced by the same operator of a permitted establishment who already holds a Will County establishment permit are not subject to the vending machine fees in Appendix A. These vending machines shall be permitted and inspected under the establishment permit. Fees for annual permits are included in Appendix A and are not refundable.
(Ord. 17-276, passed 10-19-2017; Ord. 18-326, passed 11-15-2018; Ord. 20-428, passed 11-19- 2020; Ord. 20-519, passed 12-22-2020) Penalty, see § 114.999