HomeMy WebLinkAboutG3-20 1
Ordinance No. G3-20
AN ORDINANCE
AMENDING TITLE 9 OF ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED "HEALTH AND SAFETY," REGARDING FOOD SERVICE
ESTABLISHMENTS, FOOD REFRIGERATION AND LOCKER PLANTS, AND
AUTOMATIC VENDING MACHINES
WHEREAS, 65 ILCS 5/11-20-2 provides in part that the corporate authorities of each
municipality may regulate the sale of all beverages and food for human consumption; and
WHEREAS, the City of Elgin is a home rule unit pursuant to the Illinois constitution; and
WHEREAS, the City of Elgin, as a home rule unit, may exercise any power and perform
any function relating to its government and affairs; and
WHEREAS, regulations relating to the operation of food service establishments within the
City of Elgin pertain to the government and affairs of the City of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Chapter 9.08 of the Elgin Municipal Code, 1976, as amended, entitled
"Retail Food Stores and Food Service Establishments," be and is hereby further amended in its
entirety to read as follows:
"Chapter 9.08
FOOD SERVICE ESTABLISHMENTS
9.08.010: LICENSE REQUIRED:
It is unlawful to operate a food service establishment without first having obtained a license
therefore, or without full compliance with the provisions of this chapter. A license shall not be
transferable from one person or business to another, nor from one establishment to another at
another location. A valid license is one that is not suspended, revoked or expired.
9.08.020: ADOPTION OF STATE REGULATIONS:
The current edition of the Illinois Food Code, 77 Ill. Admin. Code 750.100 et seq., as amended,
and the Illinois Department of Children and Family Services Licensing Standards for Daycare
Centers, 89 Ill. Admin. Code 407 et seq., as amended,are adopted as the regulations governing the
sanitation procedures and controls for the storage, preparation and display of food sold within the
city with such amendments as are set forth in this chapter.
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9.08.030: DEFINITIONS:
As used in this chapter,the following terms shall be defined as indicated in this section, unless the
context clearly requires otherwise:
ADULTERATED: Shall have the same definition as defined in section 402 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. §342).
AUTHORIZED REPRESENTATIVE: A designated employee of the City of Elgin.
BUILDING: Any structure which is designed,used or intended for the support, enclosure, shelter,
or protection of persons, animals, or other property and which is, permanently affixed to the land.
CERTIFIED FOOD PROTECTION MANAGER: Shall have the same definition as defined in
section 750.100 of the Illinois Food Code, 77 Ill. Admin Code 750.100.
COMMISSARY: A catering establishment, restaurant, or any other place in which food,
containers, or supplies are kept, handled, prepared, packaged or stored.
EMBARGO: To detain the sale or place a hold on the service of any food.
ENVIRONMENTAL HEALTH PRACTITIONER: An employee of the City of Elgin credentialed
as a licensed environmental health practitioner or licensed environmental health practitioner in
training engaged in the carrying out of any activity pursuant to this chapter including but not
limited to inspections and investigations.
EXTERMINATION: The control and elimination of insects, rodents or other pests by eliminating
their harborage places, by removing or making inaccessible materials that may serve as their food,
by poisoning, spraying, trapping or by any other recognized and legal method of pest elimination
approved by the health coordinator or authorized representative.
FOOD EMPLOYEE OR FOOD WORKER: An individual working with unpackaged food, food
equipment, or utensils, or food-contact surfaces. "Food employee" or "food handler" does not
include unpaid volunteers in a food establishment, whether permanent or temporary.
FOOD ESTABLISHMENT: An operation that stores, prepares, packages, serves, or 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 a home delivery of grocery orders or
restaurant takeout orders, or delivery service that is provided by common carriers.
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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. This inclusion applies regardless of whether the consumption is on or off the
premises and whether there is a charge for the food.
Food Establishment does not include:
An establishment that offers only prepackaged foods that are not time/temperature
controlled for safety;
A produce stand that only offers whole, uncut 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 family daycare provider or a bed and breakfast
operation as defined in the Bed and Breakfast Act that prepares and offers food to guests;
A private home that receives catered or home delivered food for a closed family function
where food is prepared or served for individual family consumption; or
A cottage food operation.
GARBAGE: Organic waste resulting from the preparation, processing, handling and storage of
food and all decayed or spoiled food from any source whatsoever.
HEALTH COORDINATOR: The Neighborhood Services Director of the city or his or her
designee.
HEALTH DEPARTMENT: The City of Elgin Public Health Division.
HEARING COMMITTEE: The Board of Health of the City of Elgin.
HIGHLY SUSCEPTIBLE POPULATION: Persons who are more likely than other people in the
general population to experience food-borne disease because they:
A. Are immunocompromised, preschool age children or older adults; and
B. Obtain food at a facility that provides services such as custodial care, health care, or
assisted living(such as a child or adult day care center, kidney dialysis center, hospital
or nursing home), or nutritional or socialization services (such as a senior center).
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MISBRANDED: Thean resence of written, printed or graphic matter, upon or accompanying
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containers of food, which is false or misleading, or which violates an applicable state or local
labeling requirement.
MOBILE FOOD UNIT: A vehicle mounted mobile food service establishment designed and
operated as readily movable (e.g., a mobile truck moving from location to location continuously).
The unit shall return daily to a commissary for supplies, cleaning and for all servicing operations.
The unit shall not have permanent potable water, wastewater, or electric connections.
NON-MOBILE FOOD UNIT: A vehicle mounted mobile food service establishment designed to
be stationary in a fixed location throughout the day(e.g., a trailer, etc.). The unit shall be removed
from the fixed location daily to a commissary for supplies, cleaning and for all servicing
operations. The unit shall be provided with permanent potable water, wastewater and electric
connections at the fixed location to ensure no interruption in operation (e.g., potable water tank
empty, wastewater tank full, generator malfunction, etc.).
OCCUPANT:Any individual living or sleeping in a building,or having possession of space within
a building.
OWNER: Any person, agent, operator, firm or corporation having a legal or equitable interest in
the property; or recorded in the official records of the state, county or municipality as holding title
to the property; or otherwise having control of the property, including the guardian of the estate of
any such person, and the executor or administrator of the estate of such person if ordered to take
possession of real property by a court.
PERMIT: A written authorization issued by the health department or its authorized representative.
PERSON IN CHARGE: The individual present at a food establishment who is responsible for the
operation at the time of inspection.
PRE-HEARING CONFERENCE: An informal conference between an authorized representative
of the health department and the party affected by a notice pursuant to this chapter, conducted by
the health coordinator or authorized representative.
PRE-PACKAGED: Bottled, canned, cartoned, or securely wrapped. The term "pre-packaged"
does not include a wrapper,carry-out box,or other non-durable container used to containerize food
for the purpose of facilitating food protection during service and receipt of the food by the
consumer.
PROPERTY OWNER: The person in whose name legal title to the real estate is recorded including
beneficiaries and/or trustees of a land trust.
PUSHCART: A cart that is limited to precooked hot dogs, unshucked cooked corn, whole fresh
fruit, canned beverages, condiments, and prepackaged non-time/temperature control for safety
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food. The unit shall return daily to a commissary for supplies, cleaning and for all servicing
operations. The unit shall not have permanent potable water, wastewater, or electric connections.
READY TO EAT FOOD: Shall have the same definition as defined in the United States Public
Health Service 2017 Food and Drug Administration Food Code, as amended.
REVOCATION: To permanently remove a permit to operate a food service establishment or
temporary food establishment.
RODENTS: An animal of the order Rodentia, including, but not limited to, mice, rats, squirrels,
chipmunks, porcupines, beavers, prairie dogs, and groundhogs.
SEASONAL TEMPORARY FOOD SERVICE: Seasonal temporary events that include multiple
temporary events within the city.
SHARED KITCHEN: Any food establishment that has more than one vendor preparing food in
that establishment.
SHARED KITCHEN VENDOR: Any individual operator or entity, who is not the owner of the
kitchen preparing foods in shared kitchen. This does not include the individual using the food
establishment as a commissary.
SUSPENSION: To temporarily remove a permit to operate a food establishment or temporary food
establishment.
TEMPORARY FOOD ESTABLISHMENT:A food establishment that operates at a fixed location
for a period of time not to exceed fourteen(14)consecutive days in conjunction with a single event
or celebration.
TENANT: A person, corporation, partnership or group, whether or not the legal owner of record,
occupying a building or portion thereof as a unit.
TIME/TEMPERATURE CONTROL FOR SAFETY FOOD (Formerly "Potentially Hazardous
Food"): Shall have the same definition as in the United States Public Health Service 2017 Food
and Drug Administration Food Code, as amended.
VENDING LOCATION: The room,enclosure,space or area where one or more vending machines
are installed and operated, and includes the storage areas and areas on the premises that are used
to service and maintain the vending machines.
VERMIN: Roaches, bedbugs, fleas, lice, termites or similar pest-like insects.
Other definitions as stated in rules and regulations that are referenced in this chapter shall apply.
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9.08.040: PERMITS; FEES:
A. Permits: It shall be unlawful for any person to operate a food establishment or temporary food
establishment within the city who does not possess a valid permit issued to him by the health
coordinator or authorized representative. Only a person who complies with the requirements
of this chapter shall be entitled to receive and retain such a permit.
Permits shall not be transferable from one person to another person nor shall said permit be
applicable to any locations, buildings, or places other than that for which it is issued. Each
facility shall have a valid permit. A valid permit shall be posted in every food establishment
so as to be clearly visible to all customers. A valid permit is one that is not suspended,revoked
or expired.
B. Term: A permit for a food establishment shall expire December 31 of each year unless sooner
suspended or revoked. A permit for a temporary food establishment shall be issued for a period
of time not to exceed fourteen(14) days.
C. Fees:
1. Schedule of Fees: The fee schedule for this section is on file in the office of the city clerk.
2. Definition of Categories:
Category I-1 Facility: Category I facility means a large food establishment that presents a
high relative risk of causing food-borne illness based on the large number of food handling
operations typically implicated in food-borne outbreaks and/or the type of population
served by the facility. Category I-1 facilities include those where the following operations
occur:
Time/temperature control for safety foods are cooled, as part of the food handling
operation at the facility;
Time/temperature control for safety foods are prepared hot or cold and held hot or cold
for more than 12 hours before serving;
Time/temperature control for safety cooked and cooled foods must be reheated;
Time/temperature control for safety foods are prepared for off-premises serving for
which time-temperature requirements during transportation, holding and service are
relevant;
Complex preparation of foods or extensive handling of raw ingredients with hand
contact for ready-to-eat foods occurs as part of the food handling operations at the
facility;
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Vacuum packaging and/or other forms of reduced oxygen packaging are performed at
the retail level; or,
Immunocompromised individuals such as the elderly, young children under age four
(4) and pregnant women are served, where these individuals compose the majority of
the consuming population.
Examples of category I-1 facilities would include but are not limited to, large (greater
than 15,000 square feet) multi-department retail grocery stores which may include
delicatessen, bakery, meat/seafood, produce and food service.
Category I-2 Facility: Category I-2 facility means a food establishment that presents a high
relative risk of causing food-borne illness based on the large number of food handling
operations typically implicated in food-borne outbreaks and/or the type of population
served by the facility. Category I-2 facilities include those where the following operations
occur:
Time/temperature control for safety foods are cooled, as part of the food handling
operation at the facility;
Time/temperature control for safety foods are prepared hot or cold and held hot or cold
for more than 12 hours before serving;
Time/temperature control for safety cooked and cooled foods must be reheated;
Time/temperature control for safety foods are prepared for off-premises serving for
which time-temperature requirements during transportation, holding and service are
relevant;
Complex preparation of foods or extensive handling of raw ingredients with hand
contact for ready-to-eat foods occurs as part of the food handling operations at the
facility;
Vacuum packaging and/or other forms of reduced oxygen packaging are performed at
the retail level; or,
Immunocompromised individuals such as the elderly, young children under age four
(4) and pregnant women are served, where these individuals compose the majority of
the consuming population.
Examples of category 1-2 facilities would include but are not limited to, full menu
restaurants, caterers, hospitals, small (less than 15,000 square feet) grocery stores,
daycares/preschools providing a full service meal.
Category II Facility: Category II facility means a food establishment that presents a
medium relative risk of causing food-borne illness based upon few food handling
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operations typically implicated in food-borne illness outbreaks. Category II facilities
include those where the following operations occur:
Hot or cold foods are held at required temperatures for no more than 12 hours and are
restricted to same day services;
Foods are prepared from raw ingredients using only minimal assembly; or,
Foods that require complex preparation(whether canned, frozen or fresh prepared)are
obtained from approved food processing plants, high risk food service establishments
or retail food stores.
Examples of category II facilities would include but are not limited to, fast food
restaurants and daycares/preschools that provide time/temperature control for safety
prepackaged or catered food that must be kept hot or cold.
Category III Facility: Category III facility means a food establishment that presents a low
relative risk of causing food-borne illness based upon few or no food handling operations
typically implicated in food-borne illness outbreaks. Category III facilities include those
where the following operations occur:
Only pre-packaged foods are available or served in the facility, and any
time/temperature control for safety foods available are commercially pre-packaged in
an approved processing plant;
Only limited preparation of non-time/temperature control for safety foods and
beverages, such as snack foods and carbonated beverages, occurs at the facility; or,
Only beverages (alcoholic and non-alcoholic) are served at the facility.
Examples of category III facilities would include but are not limited to, retail outlets
selling only prepackaged foods,movie theaters with popcorn and soda,bars that do not
prepare time/temperature control for safety food and daycares/preschools that serve
limited time/temperature control for safety foods such as milk or snacks.
Mobile Food Units, Nonmobile Food Units and Pushcarts: Mobile food units, nonmobile
food units, and pushcarts within the city shall be charged a fee according to the current
environmental health fee schedule. Permits expire on December 31 of each year unless
sooner suspended or revoked.
Temporary Food Establishments: Temporary food service establishments that operates at
a fixed location for a period of time not to exceed fourteen (14) days per single event or
celebration shall be charged a fee according to the current environmental health fee
schedule. There will be a late fee according to the current environmental health fee
schedule for any application received within seven (7) days of an event or celebration.
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a. Seasonal Temporary Events: Seasonal temporary events will include multiple
temporary events within the city. Permits expire on December 31 of each year
unless sooner suspended or revoked.
3. Proration of Fees: Permit fees will be nonrefundable and prorated on a semiannual basis
for newly opened establishments and/or establishments with a change of ownership. To
obtain a valid permit, the new owner must reapply and complete the permit application
process. Establishments opening or changing ownership prior to July 1 will pay one
hundred percent(100%)of the appropriate annual fee. Establishments opening or changing
ownership July 1 or after will pay fifty percent (50%) of the annual fee for the remainder
of the calendar year. Establishments opening or changing ownership October 1 or after
will pay twenty-five percent(25%)of the annual fee for the remainder of the calendar year.
4. Late Payment Penalty: All permit fees for the annual renewal of permits are due by
December 31 of the previous year. The permitted year is the calendar year, January 1
through December 31. Failure to submit the total fee required by December 31 will result
in expiration of the permit and cessation of food establishment operations due to lack of a
valid permit. Establishments failing to submit the required fee by December 31 shall be
assessed a late payment penalty fee of twenty five percent (25%) of the required fee in
addition to the appropriate permit fee. Establishments failing to submit the required fee by
January 31 shall be assessed a late payment penalty fee of fifty percent (50%) of the
required fee in addition to the appropriate permit fee.
D. Issuance: Any person desiring to operate a food establishment or temporary food service, or
person desiring to renew an expired permit shall make written application for a permit on forms
provided by the health coordinator or authorized representative. Effective January 1, 2011,
food establishments shall provide a dedicated fax number/machine that is available 24 hours
per day, and/or an e-mail account to receive emergent food safety information related to but
not inclusive of food recalls. Establishments failing to provide the fax number/machine and/or
e-mail account shall have the food establishment license suspended until compliance is
verified. An application for a permit shall include: the applicant's full name, post office
address,state sales tax identification number,and whether such applicant is an individual,firm,
corporation or partnership; the names and type of proposed food establishment; and the
signature of the applicant or applicants. The information provided on the application shall be
current at all times. If the application is for a temporary food service establishment, it shall
also include the inclusive dates of the proposed operation. Upon receipt of such an application
for a new establishment, the health coordinator or authorized representative shall make an
inspection of the food establishment to determine compliance with the provisions of this
chapter. When inspection reveals that the applicable requirements of this chapter have been
met, a permit shall be issued to the applicant by the health coordinator or authorized
representative.
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E. Exemptions:
1. Persons operating establishments which have only prepackaged nonperishable and/or non-
time/temperature control food and whose principal order of business is not to sell food for
human consumption shall be exempt from the provisions of this chapter.
2. Roadside stands operated for the sale of unprocessed agricultural products produced and
offered for sale shall be exempt from the provisions of this chapter.
3. Temporary food services selling prepackaged nonperishable and/or non-time/temperature
control food shall be exempt from the provisions of this chapter.
9.08.050: UNWHOLESOME FOOD; UNSANITARY CONDITIONS:
No food establishment licensee shall offer for sale, or keep for the purpose of selling or offering
for sale, any food of any kind intended for human consumption which is unwholesome and unfit
for human consumption for any reason, or violate any rule or regulation provided in the food code
as adopted in section 9.08.020 of this chapter.
9.08.060: EXAMINATION AND CONDEMNATION OF UNWHOLESOME OR
ADULTERATED FOOD OR DRINK:
A. Food may be examined or sampled by the health coordinator or authorized representative as
may be necessary to determine freedom from adulteration or misbranding. The health
coordinator or authorized representative may, upon written notice to the owner or person in
charge, embargo any food which he determines or has probable cause to believe to be
unwholesome or otherwise adulterated or misbranded. Under an embargo, food shall be
permitted to be suitably stored. It shall be unlawful for any person to move or alter an embargo
notice or tag placed on food by the health coordinator or authorized representative. Neither
such food nor the containers therefore shall be relabeled, repackaged or reprocessed, altered,
disposed of or destroyed without permission of the health coordinator or authorized
representative, except on an order by a court of competent jurisdiction.
B. After the owner or person in charge has had a prehearing conference as provided in section
9.08.160 this chapter, and on the basis of evidence produced at such prehearing conference, or
on the basis of an examination in the event a written request for a prehearing conference is not
received within ten (10) days, the health coordinator or authorized representative may vacate
the embargo or may, by written order direct the owner or person in charge of food which was
placed under the embargo, to denature or destroy such food or bring it into compliance with
the provisions of this chapter.
C. Where equipment used in the preparation of food products is found to be in a state of disrepair,
unsafe, unsuitable for use, or unsanitary, such equipment shall be taken out of use and an
embargo placed on said items by the health coordinator or authorized representative. Such
equipment may not be put back into service until written permission is obtained from the health
coordinator or authorized representative. It shall be unlawful for any person to move or alter
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an embargo, notice or tag placed on equipment by the health coordinator or authorized
representative. Such equipment will not be altered, disposed of or destroyed without
permission of the health coordinator or authorized representative except on an order by a court
of competent jurisdiction.
D. After the owner or person in charge has had a prehearing conference as provided in section
9.08.160 of this chapter, and on the basis of the evidence produced at such prehearing
conference,or on the basis of an examination in the event a written request for a hearing is not
received within ten (10) days, the health coordinator or authorized representative may vacate
the embargo or may by written notice direct the owner or person in charge of the equipment to
bring it into compliance with the provisions of this chapter. Such orders shall be stayed if the
order is appealed to a court of competent jurisdiction within three (3) days.
9.08.070: INSPECTION OF FOOD STORES:
A. Frequency: The health coordinator or authorized representative or authorized representative
shall inspect each food establishment within the city as follows:
Category I-1 2-3 times annually
Category I-2 2-3 times annually
Category II 1-2 times annually
Category III 1 time annually
The following activities may be used in place of one annual inspection of a category I facility:
1. A certified food protection manager is present at the facility at all times food is being
prepared.
2. A hazard analysis critical control point (HACCP) inspection/menu review.
3. Facility employees attend an in-service training or educational conference on food
sanitation.
The health coordinator or authorized representative shall make as many additional inspections
and reinspections as are necessary for the enforcement of this chapter.
B. Right of Entry: The health coordinator or authorized representative, after proper identification,
shall be permitted to enter,during normal business hours,any food establishment or temporary
food service in the city for the purpose of making inspections, and to determine compliance
with this chapter. The health coordinator or authorized representative shall be permitted to
examine the records of the food establishment or temporary food service to obtain pertinent
information pertaining to food and supplies purchased, received or used, and persons
employed. Failure to permit access after proper identification shall be grounds for immediate
suspension or revocation of the permit. After such suspension or revocation, the permit holder
may submit, in writing, a request for reinstatement of the permit.
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C. Consent to Inspection: The receipt of any permit or license issued by the health department
pursuant to this chapter to any person, firm, or corporation shall constitute the agreement of
such person, firm, or corporation to such investigations or inspections.
D. Reports: Whenever an inspection of a food establishment or temporary food service is made,
the findings shall be recorded on an inspection report. One copy of the inspection report form
shall be furnished to the person in charge of the food establishment or temporary food service.
9.08.080: NOTICES:
A. Issuance: Whenever a health coordinator or authorized representative makes an inspection and
discovers that any of the requirements of this chapter have been violated, he may notify the
permit holder or operator of such violations by means of an inspection report form or other
written notice. In such written notice,the health coordinator or authorized representative shall:
1. Set forth the specific violations found;
2. Establish a specific and reasonable period of time for the correction of the violations found
in accordance with current food safety code;
3. State that failure to comply with any notice issued in accordance with the provisions of this
chapter may result in immediate suspension of the permit, and/or the possibility of further
legal action;
4. State that an opportunity for appeal from any notice or inspection findings will be provided
if a written request for a prehearing conference is filed with the health coordinator or
authorized representative within the period of time established in the notice of correction.
B. Service: Notices provided for under this section shall be deemed properly served when a copy
of the inspection report form or other notice has been delivered personally to the permit holder
or person in charge, or such notice has been sent by certified mail, return receipt requested, to
the last known address of the permit holder. Copy of such notice shall be filed with the records
of the health coordinator or authorized representative.
9.08.085: VARIANCES
A. Whenever approval as required by this chapter is denied by the health coordinator or authorized
representative, or where compliance with the requirements of this chapter is impossible or
impractical, an applicant may request a variance as follows:
1. Variance
a. Written Requests:Variance requests shall be in writing and shall detail those conditions
where compliance is impossible or impractical due to cost, physical environment, or
other factors.
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b. Supporting Data: Variance requests shall include all pertinent data and information, as
stipulated in applicable code(s), to support the requested waiver of the requirements of
this chapter as being consistent with the responsibility of the health coordinator or
authorized representative to protect and provide for the health, safety, and general
welfare of the people of the city and of other affected communities.
c. Review Process: The health coordinator or authorized representative shall review
variance requests and shall approve or deny the request within fifteen (15) business
days of receipt of variance request provided all conditions of this chapter are met
including payment of fee and submission of supporting data.
d. Notification: The health coordinator or authorized representative shall send notification
in writing to the person requesting a variance of the approval or denial of the request
and shall state the reasons for that decision within fifteen (15) business days.
e. Separate Request: Each non-food item submitted for a variance shall be considered a
separate variance request and a separate fee shall apply.
f. Fees: Fees for variance requests shall be in accordance with the then-current fee
schedule adopted by the city, and shall be paid at the time of submission.
2. Variances to the Illinois Food Code regarding Special Processes:
a. Written Requests:Variance requests shall be in writing and shall detail those conditions
where compliance is impossible or impractical.
b. Supporting Data: Variance requests shall include pertinent data, as stipulated in
applicable code(s), to support the requested waiver of the requirements of this chapter
as being consistent with the responsibility of the health coordinator or authorized
representative to protect and provide for the health, safety, and general welfare of the
people of the City of Elgin.
c. Review Process: The health coordinator or authorized representative shall review
variance requests and shall approve or deny the request within twenty (20) business
days of receipt of variance request provided all conditions of this chapter are met
including payment of fee and submission of supporting data.
d. Notification: The health coordinator or authorized representative shall notify in writing
the person requesting a variance of the approval or denial of the request and shall state
the reasons for that decision.
e. Each food item submitted for a variance shall be considered a separate variance request
and a separate fee shall apply.
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f. Fees: Fees for variance requests shall be in accordance with the then-current fee
schedule adopted by the city, and shall be paid at the time of submission.
9.08.090: CORRECTION OF VIOLATIONS:
A. The completed inspection report form shall specify a reasonable period of time for the
correction of the violations found. The correction of the violations shall be accomplished
within the period specified in accordance with the current food code. The inspection report
shall state that failure to comply with any time limits for corrections may result in immediate
suspension of all food service operations. An opportunity for a conference on the inspection
findings or the time limitation or both will be provided if a written request is filed with the
health coordinator or authorized representative within five (5) days following suspension of
operations. If a request for a prehearing conference is received, the prehearing conference
shall be held within thirty (30) days of receipt of the request.
B. When more than one (1) follow-up inspection of a food service facility is necessary to ensure
compliance with a previous inspection, a fee per sanitarian per hour will be assessed pursuant
to the current environmental health fee schedule.
C. Whenever a food establishment or temporary food service is required under provisions of
subsection 9.08.090.A 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 period.
9.08.100: RENEWAL OF LICENSE:
Renewal: Upon receipt of an application to renew an annual permit, the health coordinator or
authorized representative shall review the food establishment record to determine compliance with
the provisions of this chapter. Whenever the review process for renewal of permit reveals serious
repeat violations of this chapter,defined as violations of three(3)or more priority foundation items
and/or priority items, the permit will not be issued and the health coordinator or authorized
representative shall notify the applicant immediately thereof. Such notice shall state the reasons
for not renewing the permit. Such notice shall also state that an opportunity for a hearing shall be
provided for the applicant, if requested, at a time and place designated by the health coordinator
or authorized representative. Such hearing shall be scheduled as soon as possible,but no later than
five (5) days from the date of notice. The notice referred to in this subsection shall be delivered
to the applicant in person by the health coordinator or authorized representative or may be sent by
certified mail, return receipt requested. A permit which has expired shall be removed from the
food establishment by the health coordinator or authorized representative.
9.08.110: SUSPENSION OF LICENSE:
Suspension of license for failure of the license holder to comply with the requirements of this
chapter is as follows:
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A. Suspension: Permits may be suspended by the health coordinator or authorized representative
for failure of the permit holder to comply with the requirements of this chapter. Whenever a
permit holder or operator has failed to comply with any notice issued under the provisions of
section 9.08.170 of this chapter, the permit holder or operator shall be notified, in writing, that
the permit 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 health coordinator
or authorized representative by the permit holder within five(5)days from receipt of the notice.
Upon suspension of the permit, the permit shall be removed from the food establishment by
the health coordinator or authorized representative. Notwithstanding the other provisions of
this chapter, whenever the health coordinator or authorized representative finds unsanitary or
other conditions in the operation of a food establishment which in his judgment constitute a
substantial hazard to the public health, he may without warning, notice or hearing, issue a
written notice to the permit holder or operator,citing such conditions,specifying the corrective
action to be taken and specifying the time period within which such action shall be taken; and
if deemed necessary, such order shall state that the permit is immediately suspended, and all
operations as a food establishment are to be immediately discontinued. Any person to whom
such an order is issued shall comply immediately therewith, but upon written petition to the
health coordinator or authorized representative, shall be afforded a hearing as soon as possible
but no later than five (5) days of written request.
B. Causes:
1. Lack of substantial progress on follow-up inspections;
2. Violation of five (5) or more priority foundation and/or priority items.
9.08.120: IMMEDIATE SUSPENSION OF LICENSE:
Immediate suspension of license "for substantial hazard to the public health" is as follows:
A. The procedure for the immediate suspension of a license shall be as set forth in section 9.08.110
of this chapter.
B. Causes:
1. Utility interruptions;
2. Severe unsanitary conditions;
3. Foodborne illness outbreak traced to establishment as ongoing;
4. Employee with communicable disease;
5. Improper use of insecticide that may result in the contamination of food, or that may result
in harm to the establishment's employees or the public.
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9.08.130: REVOCATION OF LICENSE:
Revocation of license "for serious or repeated critical violations of any provisions of this
ordinance, or for interference with the health coordinator in the performance of his duties" is as
follows:
A. Revocation:
1. For serious or repeated violations of any of the requirements of this chapter, or for
interference with the health coordinator or authorized representative in the performance of
his duties, a permit may be revoked after an opportunity for a hearing has been provided
by the health coordinator or authorized representative. Prior to such action, the health
coordinator or authorized representative shall notify a permit holder, in writing, stating the
reasons for which the permit is subject to revocation, and advising that the permit shall be
permanently revoked at the end of five (5) days following service of such notice unless a
request for a hearing is filed with the health coordinator or authorized representative by the
permit holder within such five (5) day period. A permit may be suspended for cause
pending its revocation or a hearing relative thereto.
2. Whenever a revocation of a permit has become final,the holder of the revoked permit may
make written application for a new permit in accordance with this section.
B. Causes:
1. Serious or repeated priority foundation and/or priority violations of any of the requirements
of this chapter;
2. Repeatedly not permitting access to the facility for an inspection when it is open to the
public;
3. Blatantly or subtly threatening bodily harm to the health coordinator or authorized
representative;
4. Two (2) or more suspension notices or nonrenewal notices within past two (2) years.
9.08.140: CESSATION OF OPERATIONS:
Permits for all food establishments shall be automatically suspended should the holder or operator
cease operation of the food establishment for thirty (30) consecutive days or longer, irrespective
of whether such cessation of operations shall be due to the seasonal nature of such food
establishments, or any other reason. Said permit shall be reinstated upon application to the health
coordinator or authorized representative for re-inspection of the food establishment if the
establishment is in compliance with the applicable requirements of this chapter.
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9.08.150: REINSTATEMENT:
Any person whose permit has been suspended may at any time make application for a reinspection
for the purpose of reinstatement of the permit. As soon as possible, but no later than five (5) days
following receipt of a written request, including a statement signed by the applicant that in his
opinion the conditions causing suspension of the permit have been corrected, the health
coordinator or authorized representative shall make a reinspection. If the applicant is compliant
with the requirements of this chapter, the permit shall be reinstated.
9.08.160: HEARINGS AND CONFERENCES:
A. Prehearing Conferences Before The Health Coordinator: Any person affected by any order or
notice issued by the health department in connection with the enforcement of any section of
this chapter, may file in the office of the health department a written request for a prehearing
conference before the health coordinator or authorized representative. Unless stated elsewhere
in this chapter, the health coordinator or authorized representative shall hold a prehearing
conference at a time and place designated by him as soon as possible but no later than five (5)
days from the date of which the written request was filed. The petitioner for the prehearing
conference shall be notified of the time and place of the prehearing conference not less than
five(5)days prior to the date on which the prehearing conference is to be held. The prehearing
conference shall be an informal proceeding and there shall be no testimony by witnesses. If,
as a result of the prehearing conference, the health coordinator or authorized representative
finds that strict compliance with the order or notice would cause undue hardship on the
petitioner,and that the public health would be adequately protected and substantial justice done
by varying or withdrawing the order or notice, the health coordinator or authorized
representative may modify or withdraw the order or notice and as a condition for such action
may,where he deems it necessary,make requirements which are additional to those prescribed
in this chapter for the purpose of properly protecting the public health. The health coordinator
or authorized representative shall render a decision within ten (10) days after the date of the
prehearing conference which shall be reduced to writing and placed on file in the office of the
health department as a matter of public record. Any person aggrieved by the decision of the
health coordinator or authorized representative may seek relief therefrom through a hearing
before the hearing committee.
B. Hearings Before Hearing Committee: Any person aggrieved by the decision of the health
coordinator or authorized representative rendered as the result of a prehearing conference held
in accordance with this section,may file in the office of the health department a written request
for a hearing at a time and place designated by the secretary of the hearing committee as soon
as possible but no later than five (5) days of the date on which the written request was filed.
The petitioner for the hearing shall be notified of the time and place of the hearing not less than
five (5) days prior to the date on which the hearing is held. If as a result of facts elicited as a
result of the hearing, the hearing committee finds that strict compliance with the decision of
the health coordinator or authorized representative would cause undue hardship on the
petitioner,and that the public health would be adequately protected and substantial justice done
by granting a variance from the decision of the health coordinator or authorized representative,
the hearing committee may grant a variance and as a condition for such variance, may, where
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it deems necessary,make requirements which are additional to those prescribed by this chapter.
The hearing committee shall render a decision within five(5) days after the date of the hearing
which shall be reduced to writing and placed on file in the office of the health coordinator or
authorized representative and a copy thereof shall be served on the petitioner personally or by
delivery to the petitioner by certified mail. A certified transcript of the record shall be provided
at the expense of the person requesting the hearing. All witnesses called shall be required to
testify under sworn oath. An appeal from a decision of the hearing committee may be made to
the circuit court of Kane County, pursuant to the provisions of the Illinois Administrative
Review Law in force and effect at that time in the State.
9.08.170: ENFORCEMENT:
A. The health coordinator or authorized representative may issue a complaint against the owners
and occupant of said property or the person responsible for causing the violation charging a
violation of any section or subsection of this chapter.
B. The health coordinator or authorized representative upon observing any violation of this
chapter may issue a notice of violation directed to the recorder of deeds of the county, or to the
occupant of said property, or both, which said notice shall describe the violation and shall
establish a reasonable time limit for the abatement thereof by such owner or occupant, which
time shall not be less than ten (10) business days after service of such notice. An authorized
representative shall serve the notice herein provided for upon the owner, occupant, tenant or
agent of the property where such violation exists, or upon both of them, and shall make upon
his or her return a copy of such notice, showing the time of service the person upon whom it
was served, or the manner in which it was served.
1. Immediately upon the termination of the time allowed in any such notice for the abatement
of such violation, a health coordinator or authorized representative shall investigate to
determine whether or not such violation has been abated.
2. In the event the owner or occupant of the property upon which such violation exists has
failed within the prescribed time to abate such violation, then the health coordinator or
authorized representative shall file a complaint pursuant to the processes and methods
prescribed by Chapter 1.25 of the Elgin Municipal Code entitled Administrative
Adjudication of Nonvehicular Code Violations, or with the Kane County Circuit Court.
9.08.180: EXISTING FOOD ESTABLISHMENTS:
No existing food establishment shall operate within the city unless it conforms with the
requirements of this chapter; provided, that equipment and facilities, installed in a food
establishment prior to the effective date of this chapter, which do not fully meet all of the design
and construction requirements of this chapter, shall be deemed acceptable in that establishment if
they are in good repair, capable of being maintained in a sanitary condition, and the food contact
surfaces are nontoxic.
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9.08.190: NEW FOOD ESTABLISHMENTS:
A. Schedule of Fees: The fee schedule for this section is on file in the office of the city clerk.
B. General: Whenever a food establishment is hereafter constructed or remodeled or whenever an
existing structure is converted to use as a food establishment, an application for permit is
required including properly prepared plans and specifications for such construction,
remodeling or conversion which shall be submitted to the health coordinator or authorized
representative for review and approval before construction,remodeling or conversion is begun.
The plans and specifications shall indicate the proposed layout,arrangement,mechanical plans
and construction materials of work areas; and the type and model of proposed fixed equipment
and facilities. The health coordinator or authorized agent shall approve the plans and
specifications if they meet the requirements of this chapter. No food establishment shall be
constructed, remodeled or converted except in accordance with plans and specifications
approved by the health coordinator or authorized representative. Construction, remodeling
and/or conversion activities shall not begin until the plans and specifications have been
approved by the health coordinator or authorized representative.
C. When the health coordinator or authorized representative issues an approval letter, the
construction documents shall be approved, by stamp, as "Reviewed for Code Compliance."
One set of the construction documents so reviewed shall be retained by the health department.
The other set shall be returned to the applicant, shall be kept at the site of work and shall be
open to inspection by the health coordinator or authorized representative.
D. Pre-opening Inspections: Whenever plans and specifications are required by subsection B of
this section to be submitted to the health coordinator or authorized representative, the health
coordinator or authorized representative shall inspect the food establishment prior to the
beginning or resumption of operations, to determine compliance with the approved plans and
specifications and with the requirements of this chapter.
9.08.200 FOOD FROM ESTABLISHMENTS IN OTHER JURISDICTIONS:
Food from food establishments outside the jurisdiction of the city health department may be sold
within the city if such food establishment conform to the provisions of this chapter or to
substantially equivalent provisions. To determine the extent of compliance with such provisions,
the health coordinator may accept reports from the responsible authority in other jurisdictions
where such food stores or food service establishments are located.
9.08.210: RESTAURANT HOURS OF OPERATION LIMITATIONS:
No person shall operate or keep open to the public any restaurant located adjacent to any
residentially zoned property in the city, or separated from any residentially zoned property in the
city only by a public right of way, between the hours of twelve o'clock(12:00)midnight until five
thirty o'clock (5:30) A.M. Mondays through Saturdays, and between the hours of one o'clock
(1:00) A.M. until five thirty o'clock (5:30) A.M. on Sundays. For the purposes of this section
"restaurant" shall be defined to mean an establishment in which the principal use is the service of
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prepared food and/or beverages for consumption on and/or off the premises but shall not include
establishments where incidental prepared food and beverages is accessory to a bakery,
convenience store, meat market, or similar principal use nor shall it include cafeterias that are
accessory to hospitals, colleges, universities, schools, or other similar principal uses. For the
purposes of this section restaurant operations shall not include restaurants which are providing off
site deliveries only or service limited to a drive-through window. For the purposes of this section
residentially zoned properties shall not include properties located in the CC 1 center city district or
the CC2 center city district.
9.08.220: VIOLATIONS AND PENALTIES:
A. Any person found to have violated any provision of this chapter shall be subject to a minimum
fine of fifty dollars($50.00)per day per violation to a maximum of seven hundred fifty dollars
($750.00) per day per violation, in addition to any other legal or equitable remedies available
to the city.
B. A separate and distinct offense shall be committed each day on which such person or persons
shall violate the provisions of this chapter.
C. The city may enforce this chapter in its administrative adjudication system or through filing an
appropriate action in the circuit court for the sixteenth judicial circuit, Kane County, Illinois,
or the circuit court of Cook County, Illinois."
Section 2. That Chapter 9.11 of the Elgin Municipal Code, 1976, as amended, entitled
"Food Refrigeration and Locker Plants" be and is hereby repealed in its entirety.
Section 3. That Chapter 9.14 of the Elgin Municipal Code, 1976, as amended, entitled
"Automatic Food Vending Machines" be and is hereby repealed in its entirety.
Section 4. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
Section 5. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
David J. Kap in, s<'yor
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Presented: January 22, 2020
Passed: January 22, 2020
Omnibus Vote: Yeas: 9 Nays: 0 , 4.:-.145%44t ., ','
,,,Com..
Recorded: January 22, 2020 ` :; ',
Published: January 24, 2020 ' r� lk_ -
Attest: �`
4t,(/,, Al
imberly Dewis, if Clerk
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