HomeMy WebLinkAboutG60-76 Ordinance No. G60-76
AN ORDINANCE
PROVIDING FOR CERTAIN BUSINESS LICENSES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Section 6.09.140 of Chapter 6 of the Elgin Municipal
Code, 1976, entitled "Penalty for Violation" be and is hereby repealed.
Section 2. That Chapter 6 of the Elgin Municipal Code, 1976, is
amended by adding Section 6.09.140 entitled "Billiard Halls and Bowling
Alleys" to read as follows:
"6.09.140. Billiard Halls and Bowling Alleys. No person,
firm or corporation shall operate, maintain or conduct a billiard,
pool, bagatelle, or pigeon table or bowling alley open to the
public without having first obtained a license therefor as is
herein provided. All applications for such a license shall state
thereon the intended location of the place of business and the
number of tables and/or the alleys to be used therein. An annual
license fee of $10.00 for each alley or table maintained or
operated shall be paid."
Section 3. That Section 6.09.150 is hereby added to Chapter 6 of the
Elgin Municipal Code, 1976, to read as follows:
"6.09.150. Coin Operated Musical Devices.
A. Definition. The term "coin operated musical device"
means any phonograph, piano, player, music box, "juke box", or
other instrument or device capable of producing or reproducing
any vocal or instrumental sounds, other than a motion picture sound
machine, which is governed or controlled by the deposit of a coin
or token.
B. License Required. No person, firm or corporation
shall keep, or permit to be kept, for gain or profit from operation
within the city, any coin operated musical device without first
having obtained a license as herein provided.
C. Application. An application for said license shall
be made to the city clerk, in conformity with the chapter on
licenses in this code except as otherwise herein provided. In addi-
tion, the applicant shall set forth the description of the coin
operated musical device or devices intended to be kept for use on
his premises.
D. License Fee--Terms of License. The annual fee for
such license shall be ten dollars for each such instrument kept
or installed on the licensed premises.
E. Transfer of License. No license issued to any
person, firm or corporation shall be transferable.
F. Regulations. No license issued hereunder shall
permit the operation of any coin operated musical instrument at
any place or in any manner which will disturb the peace and quiet
of persons outside the licensed premises. No immoral or indecent
selections shall be presented in any such instrument.
G. Penalty. Any person, firm or corporation violating
or refusing or failing to comply with any of the provisions of
this ordinance shall be fined not less than five dollars nor more
than one hundred dollars for each offense; and a separate offense
shall be deemed committed on each day during or on which a viola-
tion occurs or continues."
Section 4. That Chapter 6 of the Elgin Municipal Code, 1976, is amended
by adding the following:
"6.09.160. Penalty for Violation. Any person, firm or
corporation violating any provision of this chapter shall be fined
not less than five dollars nor more than one hundred dollars for
each offense. A separate offense shall be deemed committed on
each day during or on which a violation occurs or continues."
Section 5. That Chapter 9.09 entitled "Milk Dealers" be,.and is hereby
added to the Elgin Municipal Code, 1976, to read as follows:
"9.09. Milk Dealers.
9.09.010. Definitions. The following definitions shall
apply in the interpretation and the enforcement of this article:
A. Milk. Milk is hereby defined to be the lacteal
secretion obtained by the complete milking of one or more healthy
cows, excluded that obtained within fifteen days before and five
days after calving, or such longer period as may be necessary to
render the milk practically colostrum free; which contains not
less than eight and one-half per cent of milk solids-not-fat, and
not less than three and one-fourth per cent of milk fat.
B. Milk Fat or Butter Fat. Milk fat or butter fat is
the fat of the milk.
C. Sweet Cream; Sour Cream. Sweet cream is a portion of
milk which contains not less than eighteen per cent milk fat, and the
acidity of which is not more than 0.20 per cent, expressed as lactic
acid. Sour cream is a portion of milk which contains not less than
eighteen per cent milk fat, and the acidity of which is more than
0.20 per cent, expressed as lactic acid.
D. Skimmed Milk. Skimmed milk is milk which has a milk
fat content of less than three and one-quarter per cent.
E. Milk Beverage or Skimmed-Milk Beverage. A milk
beverage or a skimmed-milk beverage is a food compound or confection
consisting of milk or skimmed milk, as the case may be, to which has
been added a syrup or flavor consisting of wholesome ingredients.
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F. Buttermilk. Buttermilk is the product which remains
when fat is removed from milk or cream in the process of churning.
It shall contain not less than eight and one-half per cent of milk
solids-not-fat.
G. Cultured Buttermilk. Cultured buttermilk is the
product resulting from the souring or treatment, by a lactic acid
culture, or other treatment approved by the Board of Health, of
milk or milk products. It shall contain not less than eight and
one-half per cent of milk solids-not-fat, and shall be pasteurized
before adding the culture.
H. Vitamin D.Milk. Vitamin D milk is milk the vitamin
D content of which has been increased by a method and in an amount
approved by the Board of Health.
I. Reconstituted or Recombined Milk and Cream. Recon-
stituted or recombined milk and cream are products resulting from
the recombining of milk constituents with water or other combining
substance in accordance with the rules and regulations of the Board
of Health, and which comply with the standard for milk fat and
solids-not-fat as defined herein.
J. Milk Products. Milk products shall be taken to mean
and include sweet cream, sour cream, vitamin D milk, buttermilk,
cultured buttermilk, skimmed-milk, milk beverages and skimmed-milk
beverages, and such other products as may, from time to time, be
designated by the Board of Health.
K. Pasteurization. The term "pasteurization," "Pasteurized,"
and similar terms shall be taken and defined as provided, or shall be
provided, by the statutes of the State of Illinois.
L. Adulterated Milk and Milk Products. Any milk or milk
product not conforming with the requirements of composition and sani-
tation required by this article, or to which any substance has been
added, except as may be specifically permitted by the Board of Health,
shall be deemed adulterated and misbranded.
M. Milk Producer. A milk producer is any person who owns
or controls one or more cows, a part or all of the milk products
from which is sold.
N. Milk Distributor. A milk distributor is any person who
offers for sale, or sells or delivers to another, any milk or milk
products for human consumption.
0. Dairy or Dairy Farm. A dairy or fairy farm is any place
or premises where one or more cows are kept, a part or all of the milk
or milk products from which is sold or delivered.
P. Milk Plant and Milk Receiving Station. A milk plant is
any place, or premises, or establishment where milk or milk products
are collected, handled, processed, stored, bottled, pasteurized, or
prepared for distribution, for sale for human consumption in the City
of Elgin. A milk receiving station is any place, premises, or esta-
blishment where milk is collected, handled or processed preparatory
to pasteurization elsewhere for human consumption in the City of Elgin.
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Q. Board of Health. The term, "Board of Health" shall
mean the Board of Health of the City of Elgin, or its authorized
representative, Where the tern "Health Officer" is used herein
such term shall be interpreted to be the "Authorized representative"
of the Bo-,rd of Health.
R. Average Llcterial Plate Count, Average Direct Micro-
scopic Count, Average Reduction Time and Average Cooling Temperature.
Average bacteri:Ll plate count shall be tAken to mean the logarithmic
average of the bacterial pi-te counts of the last four consecutive
samples, t ken upon separate days. Average direct microscopic count
shall be taken to mean logarithmic :-v-rage of the direct microscopic
counts of the 1;-st four consecutive samples taken upon separate days,
irrespective of periodic grade announcements, Aver-ge reduction time
shall be taken to mean the arithmetic average of the reduction times
of the last four consecutive samples, t�-ken upon separate days.
Average cooling temperature shall be taken to mean the arithmetic
average of the temperature of the last four consecutive samples,
taken upon sep.:.r to days
So Grading Period. The grading period shall be such period
for time as the Board of Health may designate, within which compliance
with this article and the rules and regulations adopted herein shall
be determined for milk and milk products, provided that the grading
period shall in no case exceed six months.
T. Bactericide. The term "Bactericide" shall be taken to '''
mean any bactericidal substance or process approved by the Board of
Health°
U. Person. The word "Person" shall mean "Person, firm,
corporation, or association,"
Vo Goat Milk, Ewe Milk. Goat milk, ewe milk, are the
fresh, clean,. l..cteal secretions, free from colostrum, obtained by
the complete milking of healthy animals other than cows, properly
fed and kept and conform in name to the species of animal from which
they are obtained, and shall comply with ;.,21 of the requirements of
this article and the rules and regul,.;tions as ,:dopted herein with
reference to pasteurized or certified milk, except for such modifica-
tions as the Board of Health may deem appropriate,
W. Breed Milk. No milk or milk products shall be labeled
as breed milk or milk products unless 10% or more of the herd from
which the milk is produced is of a registered br-ed and the balance
of the herd is of the same breed but not registered.
9.09.020. The Sale of Adulterated or Misbranded Milk or Milk
Products:;?rohibiteda No person shall produce, sell, offer, or expose
for sale, or deliver, or have in possession with intent to sell or
deliver, any milk or milk products, all or any part of which is
ultimately to be delivered or consumed in the City of Elgin, which
is adulterated, misbranded or pasteurized in plants not complying
with the requirements of section above herein.
9.09.030. (a) Permit to Sell-- (b) License Fees and Applica-
tion Therefor--(c) Vehicles to Bear Permit No.-- (d) Revocation of
Permit.
A. Permits. It shall be unlawful for any person to bring
into or receive into the City of Elgin for sale, or to sell, or to
offer for sale therein; or to have in storage, where milk or milk
products are sold or served, any milk or milk products defined
herein, who does not possess a permit or license from the City of
Elgin for that purpose.
Upon written application to the Board of Health and upon
compliance with the provisions of this article, the City Clerk
shall issue a permit and permit number to milk producers, milk
distributors, milk plants and milk receiving stations and other
retailers described herein. Such permits and permit numbers shall
be renewable annually puon payment of the annual license fee and
continued compliance with the provisions of this article. If the
milk plant operator is also a distributor no more than one permit
number shall be furnished. Upon the payment of the annual fee for
distributor's vcehicles the City Clerk shall furnish the distributor
with one emblem, to be affixed to each vehicle, which shall be of a
distinctive color for each year.
9.09.040B. License Fees. Every person selling, disposing of
or delivering milk products, either at wholesale or retail, in the
City shall annually pay a license fee as hereinafter provided:
1. Milk Producers. License or permit issued by Health
Officer without fee, subject to-revocation for failure to
comply with city ordinances or lawful orders of Health Officer.
2. Milk Distributors. Every person, other than Milk
Producers or persons holding a Milk Plant license as hereinbefore
provided, bring or delivering milk or milk products from sources
of supply beyond the territorial jurisdiction of the City, into
the City, for sale at wholesale or retail, or for consumption in
the City shall pay an annual fee of $100.00.
3. Milk Delivery Vehicles. For each delivery vehicle
delivering milk or milk products at wholesale or retail in
the City $75.00.
4. Stores. For selling or offering for sale milk or milk
products at retail and not for consumption on the premises in and
from a milk depot, store, booth, stand or other similar place $5.00.
C. Vehicles to Bear Permit Number. All vehicles used in the
transportation of milk or milk products either for delivery to milk
plants, milk receiving stations, or for delivery at retail shall display
conspicuously on both sides thereof, a Permit Number in figures at least
3 inches high and 11/2 inches wide, and identified further as "Elgin
Permit No. . . . . ".
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D. Revocation of Permit. The permit herein required may
be revoked by the Health Officer upon the violation by the holder of
any of the terms of this article or in any emergency when the judg-
ment of the Health Officer, the milk or milk produce in question has
become a health menace, provided that the holder of said permit shall,
after complying with such revocation, have the right of appeal to
the Board of Health.
9.09.050. Labeling and Placarding. A11 bottles, cans, packages,
and other containers enclosing milk or any milk product defined in
this article shall be plainly marked or labeled with the following and
only such other information as may be designated by the Board of Health
1. The name of the contents as given in the definitions
of this article.
2. The word "Pasteurized" only if the contents have
been pasteurized.
3. The word "raw" only if the contents are raw.
4. The name and address of the producer if the contents
are raw, and the name and address of the plant at which the
contents were pasteurized if the contents are pasteurized.
5. In the case of vitamin D milk, the designation
"Vitamin D milk," and such other information as may be
required by the Board of Health.
6. The permit number.
7. On all cans, bottles, and other containers of
pasteurized or certified milk, the words "to be sold before
noon" and thereafter the day of the week on which the milk
or milk product is to be sold to the final customer, the
height of the letters of the day of the week to be not less
than 3/16 inch on bottle caps, and not less than 5/8 inch on
tags attached to each container when contained in cans.
All milk received by pasteurization plants must be pasteurized
within 24 hours of production. All pasteurized milk and milk products
shall be sold not later than midnight of the day beginning 25 hours
after the day of pasteurization and shall not be sold at any time after
that designated on the label.
Every restaurant, cafe, soda fountain or other establishment serv-
ing milk or milk products, shall display at all times, in a place
designated by the Board of Health, a notice approved by the Board of
Health, giving all information required in this section, and such other
information required by the Board of Health, including thereon a state-
ment of the lowest grade of milk served.
9.09.060. (a) Inspection of Dairy Farms and Milk Plants for the
Purpose of Grading or Regrading--Name of Producer. At least once in
each grading period the Hleath Officer shall inspect all dairy farms and
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all milk plants whose milk or milk products are intended for consump-
a tion within the City of Elgin, or its police jurisdiction. In case
the Health Officer discovers the violation of any item of sanitation,
he shall make a second inspection after a lapse of such time as he
deems necessary for the defect to be remedied, but not before the
lapse of 3 days and the second inspection shall be used in determining
the grade of milk and/or milk products. Any violation of any item of
this article on two consecutive inspections within any one grading
period shall call for immediate degrading.
One copy of the inspection report shall be posted by the Health
Officer in a conspicuous place upon an outside wall of one of the
dairy farm or milk plant buildings, and said inspection report shall
not be defaced or removed by any person except the Health Officer.
Another copy of the inspection report shall be filed with the records
of the Health Department.
It shall be the duty of each pasteurizer or distributor who
receives milk or milk products to be sold or used for human consump-
tion in the City of Elgin to file in the Office of the Health
Officer, a full and complete list of all milk producers delivering
milk or about to deliver milk to the plant.
9.09.070. Examination of Samples. During each inspection period,
a number of samples of milk or milk products from each dairy farm and
eacn milk plant, as designated by the rules and regulations of the Board
of Health, shall be taken on separate days and examined by the Board of
Health. Samples of milk and/or milk products from stores, cafes, soda
fountains, restaurants, and other places where milk or milk products are
sold shall be examined as often as the Board of Health may require.
Bacterial plate counts and direct microscopic counts shall be made in
confirmity with the latest standard methods recommended by the American
Public Health Association, or any other method approved by the Board of
Health. Examinations may include such other chemical and physical
determinations as the Board of Health may deem necessary for the detec-
tion of adulteration, these examinations to be made in accordance with
the latest standard methods of the American Public Health Association and
the Association of Official Agricultural Chemists, or any other method
approved by the Board of Health. Bacterial plate counts, direct microscopic
counts, reductase test, and cooling temperature results shall be given to
the producer or distributor concerned as soon as determined if said
results fall without the limits prescribed. Samples may be taken by the
Board of Health at any time prior to the final delivery of the milk or
milk products. All proprietors of stores, cafes, restaurants, soda
fountains, and other similar places shall furnish the Board of Health with
the name of the producer or distributor from whom their milk and/or milk
products are obtained. Bioassays of the vitamin D content of vitamin D
milk shall be made when required by the Board of Health in a laboratory
acceptable to it for such examination.
9.09.080. The Grading of Milk and Milk Products, Certified--Grade
A Raw--Grade A Pasteurized.
A. Grading. At least once every 6 months the Health Officer
shall announce the grades of all milk and milk products delivered by all
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producers or distributors and ultimately consumed within the City
of Elgin, said grades shall be based upon the following standards,
the grading of milk products being identical with the grading of milk
except that the bacterial standards shall be doubled in the case of
cream, and omitted in the case of sour cream, buttermilk, and
cultured buttermilk. Vitamin D milk shall be only of grade A pasteurized
or certified quality.
B. Certified Milk. Certified milk is milk which conforms
with the requirement of the American Association of Medical Milk
Commissions in force at the time of production and of the Board of
Health of the City of Elgin.
C. Raw Milk for Pasteurization. Raw milk for pasteurization
is milk the average bacterial plate count of which, as determined under
Section 1 (r) and 9.09.070 of this article, does not exceed 200,000 per
cubic centimeter, or the average direct microscopic count of which does
not exceed 200,000 per cubic centimeter if clumps are counted, or
800,000 per cubic centimeter if individual organisms are counted, or
the average reduction time of which is not less than 6 hours, and which
is produced upon dairy farms conforming with all of the following items
of sanitation:
ITEM lr. Cows: Tuberculosis, and Other Diseases.
A physical examination and, except as provided hereinafter,
a tuberculin test of all herds and additions thereto shall be
made before any milk therefrom is sold, and at least once every
12 months thereafter, by a licensed veterinarian approved by
the State livestock sanitary authority. Said tests shall be
made and any reactors disposed of in accordance with the require-
ments approved by the United States Department of Agriculture,
Bureau of Animal Industry, for accredited herds.
A certificate signed by the veterinarian or attested to
by the Health Officer, and filed with the Health Officer, shall
be evidence of the above test. It being further provided that
in modified accredited counties the modified accredited area
system approved by the United States Bureau of Animal Industry
shall be accepted in lieu of annual testing.
For disease other than tuberculosis such tests and examina-
tion as the Health Officer may require shall be made at intervals
and by methods prescribed by him, and any diseased animals or
reactors shall be disposed of as he may require.
ITEM 2r. Dairy Barn, Lighting. A dairy or milking barn
shall be required and in such sections thereof where cows are
milked windows shall be provided and kept clean and so arranged
as to insure adequte light properly distributed, and when
necessary shall be provided with adequate supplementary artificial
light.
ITEM 3r. Dairy Barn, Air Space and Ventilation. Such sec-
tions of all dairy barns where cows are kept or milked shall be
well ventilated and shall be so arranged as to avoid overcrowding.
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ITEM Oro Dairy Barn, Floors. The floors and gutters
of such parts of all dairy barns in which cows are milked
shall be constructed of concrete or other approved impervious
and easily cleaned material, shall be graded to drain properly
and shall be kept clean and in good repair. No horses, pigs,
fowl, calves, etc. , shall be permitted in parts of the barn
used for milking.
ITEM 5r. Dairy Barn, Walls and Ceilings. The walls and
ceilings of all dairy barns shall be whitewashed once each
year or painted once every 2 years, or more often if ;necessary,
or finished in an approved manner, and shall be kept clean and
in good repair. In case there is a second story above that
part of the barn in which cows are milked, the ceiling shall
be tight. If the feed room adjoins the milking space, it shall
be separated therefrom by a dust-tight partition and door. No
feed shall be stored in the milking portion of the barn.
ITEM 6r. Manure Disposal. All manure shall be removed
and stored or disposed of in such manner as best to prevent
the breeding of flies therein or the access of cows to piles
thereof.
ITEM 7r. Milk House or Room, Construction. There shall be
provided a milk house or milk room for the cooling, handling,
and storage of milk and/or milk products and the washing,
bactericidal treatment, and storage of milk apparatus and
utensils. The milk house or room (a) shall be provided with a
tight floor constructed of concrete or other impervious material,
in good repair, and graded to provide proper drainage; (b) shall
have walls and ceilings of such construction as to permit easy
cleaning, and shall be well painted or finished in an approved
manner; (c) shall be well lighted and ventilated; (d) shall have
all openings effectively screened including outward-opening,
self-closing doors, unless other effective means are provided
to prevent the entrance of flies and (e) shall be used for no
other purposes than those specified above except as may be approved
by the Health Officer; shall not open directly into a stable or
into any room used for domestic purposes; shall be provided with
adequate facilities for the heating of water for the cleaning of
utensils; shall be equipped with stationary waste and rinse vats
of the 2-compartment type.
ITEM 8r. Milk House or Room, Cleanliness and Flies. The
floors, walls, ceilings, and equipment of the milk house or room
shall be kept clean at all times. All means necessary for the
elimination of flies shall be used.
ITEM 9r. Toilet. Every dairy farm shall be provided with
one or more sanitary toilets conveniently located, constructed,
and operated, and shall be easily accessible, adequate, and of a
safe, sanitary quality.
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ITEM 10r. Water Supply. The water supply for the milk
room and the dairy barn shall be properly located, constructed,
and operated, and shall be easily accessible, adequate, and
of a safe, sanitary quality.
ITEM llr. Utensils, Construction. All containers or other
utensils used in the handling, storage, or transportation of
milk or milk products must be made of non-absorbent material and
of such good construction as to be easily cleaned, and must be
in good repair. Joints and seams shall be soldered flush. All
milk pails shall be of small-mouth design approved by the Health
Officer.
ITEM 12r. Utensils, Cleaning. All containers, equipment,
and other utensils used in the handling, storage, or transportation
of milk and milk products must be thoroughly cleaned after each
usage.
ITEM 13r. Utensils, Bactericidal Treatment. All containers,
equipment, andother utensils used in the handling, storage, or
transportation of milk or milk products shall between each usage
be subjected to an Approved bactericidal process with steam, hot
water, or chlorine.
ITEM 14r. Utensils, Storage. All containers and other
utensils used in the handling, storage, or transportation of
milk or milk products shall be stored so as to not become con-
taminated before again being used.
ITEM 15r.. Utensils, Handling. After bactericidal treat-
ment no container or other milk or milk product utensil shall
be handled in such manner as to permit any part of any person
or his clothing to come in contact with any surface with which
milk or milk products come in contact.
ITEM 16r. Milking, Udders and Teats, Abnormal Milk. The
udders and teats of all milking cows shall be clean at the time
of milking. Abnormal milk shall be kept out of the milk supply
and so handled and disposed of as to preclude the infection of
the cows and the contamination of the milk utensils.
ITEM 17r. Milking, Flanks. The flanks, bellies, and
tails of all milking cows shall be free from visible dirt at
the time of milking.
ITEM 18r. Milkers' Hands. Milkers' hands shall be clean,
rinsed with bactericidal solution, and dried with a clean towel,
immediately before milking and following any interruption in the
milking operation. Wet-hand milking is prohibited. Convenient
facilities shall be provided for the washing of milkers' hands.
ITEM 19r. Clean Clothing. Milkers and milk handlers shall
wear clean outer garments while milking or handling milk, milk
products, containers, utensils, or equipment.
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ITEM 20r. Milk Stools. Milk stools shall be kept
clean.
ITEM 21r. Removal of Milk. Each pail of milk shall
be removed immediately to the milk house or straining room.
No milk shall be strained or poured in the dairy barn.
ITEM 22r. Cooling. Milk must be cooled within 1 hour
after completion of milking at 65°F. or less, and maintained at
that average temperature, as defined in section (lr) until
delivery.
ITEM 23r. Miscellaneous. All vehicles used for the trans-
portation of milk or milk products shall be so constructed and
operated as to protect the milk or milk products from the sun and
from contamination. Such vehicles shall be kept clean, and no
substance capable of contaminating milk or milk products shall
be transported with milk or milk products in such manner as to
permit contamination. The immediate surroundings of the dairy
shall be kept in a neat, clean condition.
ITEM 1p. Floors. The floors of all rooms in which milk
or milk products are handled or stored shall be constructed of
concrete or other equally impervious and easily cleaned material
and shall be smooth, properly drained, provided with trapped
drains, and kept clean.
ITEM 2p. Walls and Ceilings. Walls and ceilings of rooms
in which milk or milk products are handled or stored shall have
a smooth, washable, light-colored surface and shall be kept clean.
ITEM 3p. Doors and Windows. Unless other effective means
are provided to prevent the access of flies, all openings into
the outer air shall be effectively screened and doors shall be
self-closing.
ITEM 4p. Lighting and Ventilation. All roams shall be well
lighted and ventilated.
ITEM Sp. Miscellaneous Protection from Contamination. The
various milk-plant operations shall be so located and conducted
as to prevent any contamination of the milk or of the cleaned
equipment. All means necessary for the elimination of flies
shall be used. This requirement shall be interpreted to include
separate rooms for (a) the pasteurizing, cooling, and bottling
operations; (b) the washing and bactericidal treatment of con-
tainers and equipment. Cans of raw milk shall not be unloaded
directly into the pasteurizing room. Pasteurized milk or milk
products shall not be permitted to come in contact with equip-
ment with which unpasteurized milk or milk products have been
in contact, unless such equipment has first been thoroughly
cleaned and subject to bactericidal treatment. Rooms in which milk,
milk products, cleaned utensils or containers are handled or
stored shall not open directly into any stable or living quarters.
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ITEM 6p. Toilet Facilities. Every milk plant shall be
provided with toilet facilities conforming with the ordinances
of the City of Elgin. Toilet rooms shall not open directly
into any room in which milk, milk products, equipment, or
containers are handled or stored. The doors of all toilet
rooms shall be self-closing. Toilet rooms shall be kept in a
clean condition, in good repair and well ventilated.
ITEM 7p. Water Supply. The water supply shall be easily
accessible, adequate, and of a safe, sanitary quality.
ITEM 8p. Hand-washing Facilities. Convenient hand-washing
facilities shall be provided, including warm running water, soap,
and approved sanitary towels. The use of a common towel is
prohibited.
ITEM 9p. Milk Piping. Only "sanitary milk piping" of a
type which can be easily cleaned with a brush shall be used.
ITEM 10p. Construction and Repair of Equipment. All con-
tainers and equipment with which milk or milk products come in
contact shall be constructed in such manner as to be easily
cleaned and shall be kept in good repair.
ITEM 11p. Disposal of Wastes. All wastes shall be properly
disposed of.
ITEM 12p. Cleaning and Bactericidal Treatment of Containers
and Apparatus. All milk and milk products containers and apparatus
shall be thoroughly cleaned after each usage and subjected
immediately before each usage to an approved bactericidal process.
When empty and before being returned to a producer by a milk plant
each container shall be effectively cleaned and subjected to
bactericidal treatment.
ITEM 13p. Storage of Containers. After bactericidal
treatment all bottles, cans, other milk or milk products con-
tainers shall be stored in such manner as to be protected from
contamination.
ITEM 14p. Handling of Containers and Apparatus. Between
bactericidal treatment and usage and during usage containers
and apparatus shall not be handled or operated in such manner
as to permit contamination, of milk.
ITEM 15p. Storage of Caps and Parchment Paper. Milk bottle
caps and parchment paper for milk cans shall be purchased and
stored only in a sanitary tube and carton, respectively, and
shall be kept therein in a clean dry place until used.
ITEM 16p. Pasteurization. Pasteurization shall be per-
formed as described in section 9.09.010K of this article. The
time and temperature record charts shall be dated, preserved
and delivered to the Health Officer not later than the 5th of
each succeeding month for a period of 3 months for the informa-
tion of the Health Officer.
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ITEM 17p. Cooling. All milk and cream received for
pasteurization but not pasteurized within 2 hours after it
is received at the plant shall within 2 hours of receipt be
cooled to a temperature of 50° F. or less and maintained
thereat until pastuerized, except during separation; and
all pasteurized milk and milk products shall be immediately
cooled to an average temperature of 50° F. or less, as
defined in section 1(r) and maintained thereat until delivery.
ITEM 18p. Bottling. Bottling of milk and milk products
shall be done at the place of pasteurization in approved
mechanical equipment.
ITEM 19p. Overflow Milk. Overflow milk or milk products
shall not be sold for human consumption.
ITEM 20p. Capping. Capping of milk and milk products
shall be done by approved mechanical equipment. Hand capping
is prohibited. The cap or cover shall completely cover the
pouring lip of the container.
ITEM 21p. Personnel Health. Every person connected with
a pasteurization plant whose work brings him in contact with
the production, handling, storage, or transportation of milk,
milk products, containers, or equipment shall furnish such infor-
mation, permit such physical examinations, and submit such
laboratory specimens as the Health Officer may require for the
purpose of determining freedom from infection.
The Health Officer, or a physician authorized by him, shall
in each such instance take a careful history and if such history
suggests that such person may be a carrier of or infected with
the organisms of typhoid or paratyphoid fever or of any other
communicable disease likely to be transmitted through milk or
milk products he shall secure appropriate specimens of bodily
discharges and cause them to be examined in a laboratory
approved by him or by the State health authorities for such
examinations.
ITEM 22p. Personnel, Cleanliness. All persons coming
in contact with milk, milk products, containers, or equipment
shall wear clean washable outer garments as approved by the
Board of Health and shall keep their hands clean at all times
while thus engaged.
ITEM 23p. Miscellaneous. All venicles used for the trans-
portation of milk or milk products shall be so constructed and
operated as to protect the milk or milk products from the sun
and from contamination. Such vehicles shall be kept clean, and
no substance capable of contaminating milk or milk products shall
be transported with milk or milk products in such manner as to
permit contamination. All vehicles used for the distribution
of milk or milk products shall have the name of the distributor
prominently displayed.
The immediate surroundings of the milk plant shall be kept
in a neat, clean condition.
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D. Grade A Pasteurized Milk. Grade A pasteurized milk
is a raw milk which has been produced in compliance with the provi-
sion of this article and pasteurized, cooled and bottled in a milk
plant conforming with all of the following items of sanitation and
the average bacterial plate count of which at no time after pasteuriza-
tion and until delivery exceeds 30,000 per cubic centimeter, as
determined under sections 1 (r) and 9.09.070.
E. Hold for Investigation. The Health Officer is hereby
authorized to tab "Hold for Investigation" any pasteurized milk or
pasteurized milk products which in his opinion violates any provi-
sion of this article. Pasteurized milk and pasteurized milk products
tagged "Hold for Investigation" shall not be disposed of nor shall
the tag be removed until release is secured from the Health Officer
and shall then be disposed of in accordance with the order of the
Health Officer.
9.09.090. Kinds of Milk--Requirements. From and. after 90 days
after the passage and publication of this ordinance, no milk or milk
products shall be sold in the City of Elgin except grade A pasteurized
milk and grade A pasteurized milk products, and certified milk and
milk products.
A. Grade A Pasteurized milk and milk products. Grade A
Pasteurized milk and milk products are milk and milk products which
conform with the rules and regulations adopted herein for grade A
pasteurized milk and milk products, and have been pasteurized within
the corporate limits of the City of Elgin or pasteurized under the
provisions and conditions which shall have been determined by the
health officer of the City of Elgin to be the equivalent of the
requirements of this Ordinance.
B. Certified milk and milk products. Certified milk and
milk products which conform with the rules and regulations of the
Board of Health for certified milk and milk products.
9.09.100. Supplementary Grading Prescribed and Regrading
Authorized. Any producer or distributor of milk or milk products
whose permit has been revoked by the Health Officer may at any time
thereafter make application for the reinstatement of his permit.
Upon receipt of a satisfactory application, in case the said
revocation is the result of an excessive average bacterial count,
reduction time, or cooling temperature, the Health Officer shall take
further samples of the applicant's output at a rate of not more than
two samples per week. The Health Officer shall immediately reinstate
the permit whenever the average of the last four samples results indicates
the necessary quality.
In case the said revocation of the applicant's permit is due to a
violation of an item of the specifications prescribed above, other
than average bacterial count, reduction time, or cooling temperature,
All
the said application must be accompanied by a statement signed by the
applicant to the effect that the violated item of the specifications
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has been conformed with. Within 1 week of the receipt of such an
application and statement the Health Officer shall make a reinspec-
tion of the applicant's establishment, and thereafter as many addi-
tional reinspections as he may deem necessary to assure himself that
the applicant is again complying with the requirements, in case the
findings justify, shall reinstate said permit.
9.09.110. Transferring or Dipping Milk; Delivery Containers;
Handling of More Than One Grade; Delivery of Milk at Quarantined
Residences. No milk producer or distributor shall transfer milk or
milk products from one container to another on the street, or in any
vehicle or store, in any place except a bottling or milk room especially
used for that purpose. The sale of dip milk is hereby prohibited.
All pasteurized milk and milk products shall be place in their
final delivery containers in the plant in which they are pasteurized
and all certified raw milk and milk products sold for consumption in
the raw state shall be placed in their final delivery containers at
the farm at which they are produced. Milk and milk products sold in
the distributor's containers in quantities less than one gallon shall
be delivered in standard milk bottles. It shall be unlawful for hotels,
soda fountains, restaurants, groceries, and similar establishments to
sell or serve any milk except in the original container in which it
was received from the distributor provided that this requirement shall
not apply to cream or milk products consumed on the premises which may be served from the original bottle or from a dispenser approved for such
service.
No milk or milk products shall be permitted to come in contact with
equipment with which a lower grade of milk or milk products has been in
contact unless such equipment has first been thoroughly cleaned and
subject to bactericidal treatment.
It shall be the duty of all persons to whom milk or milk products
are delivered to clean thoroughly the containers in which such milk or
milk products are delivered before returning such container. Apparatus,
containers, equipment and utensils used in the handling, storage,
processing, or transporting of milk and milk products shall not be
used for any other purpose without the permission of the Health Officer.
9.09.120. Inspections. In order that inspections by the Board of
Health may be adequate, thorough, and effective, the Board of Health
may confine its inspections within such pointsand territorial limits
as the City Council may deem necessary, from time to time, under condi-
tions determined by it, to insure economic and proper supervision, and
to safeguard and promote the public health of the City of Elgin.
9.09.130. Notification of Disease. Notice shall be sent to the
Health Officer immediately by any producer or distributor of milk or
milk products upon whose dairy farm or in whose milk plant any infections,
contagious, or communicable disease occurs.
9.09.140. Delivery of Milk at Quarantined Residences. The delivery
of milk or milk products to and the collection of milk or milk products
containers from quarantined residences shall be subject to the special
requirements of the Health Officer.
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9.09.150. Future Dairies and Milk Plants. All dairies and
milk plants from which milk or milk products are supplied to the All
City which are hereafter constructed shall conform in their construc-
tion to grade A requirements of this ordinance.
9.09.160. Procedure When Infection Suspected. When suspicion
arises as to the possibility of transmission of infection from any
person concerned with the handling of milk or milk products the Health
Officer is authorized to require any and/or all of the following
measures: (1) The immediate exclusion of that person from handling
milk; (2) The immediate exclusion of the milk supply concerned from
distribution and use; (3) Adequate medical and bacteriological
examination of the person, of his associates, and of his and their
bodily discharges.
9.09.170. Penalty. Any person who shall violate any provision
of this article shall be fined not less than five dollars ($5.00) nor
more than two hundred dollars ($200.00) for each offense."
Section 6. That Chapter 9.10 entitled "Restaurants and Lunchrooms" be
and is hereby added to the Elgin Municipal Code, 1976, to read as follows:
"9.10. Restaurants and Lunchrooms.
9.10.010. License Required. It shall be unlawful to operate a
restaurant in the City without first having obtained a license therefor,
or without full compliance with the provisions of this ordinance.
Applications for such licenses shall be made in writing to the
Clerk, on a form to be furnished by him; and shall comply with the
general provisions of the ordinance relating to licenses.
9.10.020. Fees. The annual license fees shall be as follows:
Drive-Ins--no seating $ 10.00
Restaurants with a customer capacity,
including counter stool or seats of
less than twenty-five (25) persons at
one time $ 10.00
Restaurants with a customer capacity of
twenty-five (25) persons or more at
one time $ 25.00
Provided, however, that any person, firm or corporation operating
a restaurant or serving food in conjunction with a tavern where alcoholic
liquor is served for consumption on the premises and is subject to the
alcoholic liquor license fee as provided for in chapter 6.06 of this
Code shall not be required to pay the restaurant fee provided for herein,
but shall comply with all the requirements of this article.
9.10.030. Definitions. As used in this article the term "restaurant"
shall be construed to include any place where food or drink (other than
alcoholic liquor) is prepared or served to the public for consumption on
the premises; and the term "food" shall include beverages other than
alcoholic liquor.
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9.10.040. Revocation of License. Any restaurant license
may be revoked by the Mayor for repeated violation of the provisions
of this article, or for any violation of any ordinance, relating
to the conduct of the business, the condition of the premises, the
article sold, or to the license required.
9.10. 050. Unwholesome Food. No person, firm or corporation
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 spoiled or tainted or is unwholesome and unfit for human consump-
tion for any reason.
9.10.060. Application for License. All applications for a
license to conduct a restaurant shall be referred to the Health
Officer, who shall make or cause to be made an investigation of
the premises to be used, and report his finding thereon, recommending
or advising against the issuance of the license.
9.10.070. Employees. All persons engaged in handling or coming
in contact with food intended for sale for human consumption shall
keep themselves clean, both as to person and clothing.
It shall be unlawful for any person who is afflicted with or a
carrier of, any infectious or contagious disease to handle or be engaged
in the care or preparation of any such food; and it shall be unlawful
to permit any such person to be employed in or about any premises where
food is stored, prepared or sold, or to deliver such food.
9.10.080. Examination and Condemnation of Unwholesome or Adulterated
Food or Drink. Samples of food, drink, or other substances may be taken
and examined by the Health Officer as often as may be necessary for the
detection of unwholesomeness or adulteration. The Health Officer may
condemn and forbid the sale of, or cause to be removed or destroyed, any
food or drink which is unwholesome or adulterated.
9.10.090. Inspection of Restaurants. At least once every six
months the Health Officer shall inspect every restaurant located within
the city. In case the Health Officer discovers the violation of any
item of sanitation, he shall make a second inspection after the lapse
of such time as he deems necessary for the defect to be remedied, and
the second inspection shall be used in determining compliance with the
requirements of this ordinance. Any violation of the same requirement
of this ordinance on such second inspection shall call for immediate
revocation.
One copy of the inspection report shall be posted by the Health
Officer upon an inside wall of the restaurant, and said inspection report
shall not be defaced or removed by any person except the Health Officer.
Another copy of the inspection report shall be filed with the records of
the Health Department.
The person operating the restaurant shall upon request of the
Health Officer permit access to all parts of the establishment and shall
permit copying any or all records of food purchased.
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9.10.100. Toilet Facilities. Every restaurant shall be provided
with adequate and conveniently located toilet facilities for its
employees, conforming with the ordinances of the city. In restaurants
hereafter constructed, toilet rooms shall not open directly into any
room in which food, drink, or utensils are handled or stored, the
doors of all toilet rooms shall be self-closing. Toilet rooms shall
be kept in a clean condition, in good repair, and well lighted and
ventilated. Hand-washing signs shall be posted in each toilet room
used by employees.
9.10.110. Water Supply. Running water under pressure shall be
easily accessible to all rooms in which food is prepared or utensils
are washed, and the water supply shall be adequate, and of a safe,
sanitary quality.
9.10.120. Lavatory Facilities. Adequate and convenient hand-washing
facilities shall be provided, including hot and cold running water, soap,
and approved sanitary towels. The use of a common towel is prohibited.
No employee shall resume work after using the toilet room without first
having washed his hands.
9.10.130. Construction of Utensils and Equipment. All multi-use
utensils and all show and display cases or windows, counters, shelves,
tables, refrigerating equipment, sinks, and other equipment or utensils
used in connection with the operation of a restaurant shall be so con-
structed as to be easily cleaned and shall be kept in good repair.
Utensils containing or plated with cadmium or lead shall not be used;
provided, that solder containing lead may be used for jointing.
9.10.140. Cleaning and Bactericidal Treatment of Utensils and
Equipment. All equipment, including display cases or windows, counters,
shelves, tables, refrigerators, stoves, hoods, and sinks, shall be kept
clean and free from dust, dirt, insects, and other contaminating
material. All cloths used by waiters, chefs, and other employees shall
be clean. Single-service containers shall be used only once.
All multi-use eating and drinking utensils shall be thoroughly
cleaned and effectively subjected to an approved bactericidal process
after each usage. All multi-use utensils used in the preparation or
serving of food and drink shall be thoroughly cleaned and effectively
subjected to an approved bactericidal process immediately following the
day's operation. Drying cloths, if used, shall be clean and shall be
used for no other purpose.
No article, polish, or other substance containing any cyanide
preparation or other poisonous material shall be used for the cleansing
or polishing of utensils.
9.10.150. Storage and Handling of Utensils and Equipment. After
bactericidal treatment utensils shall be stored in a clean, dry place
protected from flies, dust, and other contamination, and shall be
handled in such a manner as to prevent contamination as far as practicable.
Single-service utensils shall be purchased only in sanitary containers,
shall be stored therein in a clean, dry place until used, and shall be
handled in a sanitary manner.
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9.10.160. Disposal of Wastes. All wastes shall be properly
(ow disposed of, and all garbage and trash shall be kept in suitable
receptacles, in such manner as not to become a nuisance.
9.10.170. Refrigeration. All readily perishable food and
drink shall be kept at or below 50° F. except when being prepared
or served. Waste water from refrigeration equipment shall be properly
disposed of.
9.10.180. Wholesomeness of Food and Drink. All food and drink
shall be clean, wholesome, free from spoilage, and so prepared as
to be safe for human consumption. All milk, fluid milk products, ice
cream, and other frozen desserts served shall be from approved sources.
Milk and fluid milk products shall be served in the individual original
containers in which they were received from the distributor or from a
bulk container equipped with an approved dispensing device; provided,
that this requirement shall not apply to cream, which may be served
from the original bottle or from a dispenser approved for such service.
All oysters, clams, and mussels shall be from approved sources, and if
shucked shall be kept until used in the containers in which they were
placed at the shucking plant.
9.10.190. Storage, Display, and Serving of Food and Drink. All
food and drink shall be so stored, displayed and served as to be protected
from dust, flies, vermin, depredation and pollution by rodents, unnec-
essary handling, droplet infection, over-head leakage, and other con-
'' tamination. No animals or fowls shall be kept or allowed in any room in
which food or drink is prepared or stored. All means necessary for the
elimination of flies, roaches, and rodents shall be used.
9.10.200. Miscellaneous. The premises of all restaurants shall
be kept clean and free of litter or rubbish. None of these operations
connected with a restaurant shall be conducted in any room used as
living or sleeping quarters. Adequate lockers and dressing rooms shall
be provided for employees' clothing and 'shall be kept clean. Soiled
linens, coats, and aprons shall be kept in containers provided for this
purpose.
9.10.210. Penalty. Any person, firm or corporation violating any
provision of this article shall be fined not less than five dollars
($5.00) nor more than two hundred dollars ($200.00) for each offense;
and a separate offense shall be deemed committed on each day during or
on which a violation occurs or continues."
Section 7. That Chapter 9.11 entitled"Food Refrigeration and Locker
Plants" be and is hereby added to the Elgin Municipal Code, 1976, to read as
follows:
"9.11. Food Refrigeration and Locker Plants.
9.11.010. Definition. "Food refrigeration locker plant" shall
mean and include any establishment wherein compartments are rented,
leased or made available to other than the owner of the establishment
for the refrigeration of food.
"Food" shall mean and include any edible or beverage used or intended
for human consumption.
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9.11.020. Application for License. No person shall operate a
food refrigeration locker plant in the city without having first
secured a license therefor. Application for such license shall
conform to the provisions of the ordinances relative thereto. In
addition to all other information contained in such application, it
shall state the number of units maintained on the premises, and the
size of each unit; and each application shall also state whether a
unit is maintained in which food will be stored belonging to several
individuals in addition to the separate units rented to other than
the owner of the premises.
9.11.030. Fee. The annual fee for such license shall be twenty-
five dollars ($25.00).
9.11.040. Building Regulations. No food refrigeration locker
plant shall be operated or conducted in a building which is not con-
structed in full compliance with the ordinances of the city; and no
such plant shall be operated in a frame building, nor in any building
other than one where the floors are so constructed as to bear a live
load of one hundred pounds per square foot.
9.11.050. Temperature Requirements. No food shall be stored in
any such plant unless such food has been frozen to a temperature of
Zero Fahrenheit or below before being so stored; and the lockers or
compartments used for the refrigerated storage of food must be kept
at all times at a temperature of below fifteen degrees Fahrenheit.
9.11.060. Wiring. The wiring of the refrigeration plant shall
conform to the ordinances of the city relative to electric wiring and
to the installation of refrigeration units.
9.11.070. Premises. All premises used for the operation of a
refrigeration locker plant shall be kept in a clean and sanitary condi-
tion, and shall be thoroughly cleaned of all refuse, dust and debris
at least once in every twenty-four hours. It shall be unlawful to
store or keep in such plants any unwholesome, spoiled, contaminated or
adulterated food.
9.11.080. Compliance with State Laws. No license shall be issued
for any food refrigeration plant which does not comply with the laws of
the State of Illinois pertaining thereto.
9.11.090. Penalty. Any person, fine or corporation violating
any provision of this ordinance shall be fined not less than five
dollars nor more than one hundred dollars for each offense; and a
separate offense shall be deemed committed on each day during or on
which a violation occurs or continues."
Section 8. That Chapter 6.80 entitled "Pet Shops and Kennels" be and
is hereby added to the Elgin Municipal Code, 1976, to read as follows:
"6.80. Pet Shops and Kennels.
6.80.010. License Required. It shall be unlawful to operate a
small animal store anywhere in the city without having first obtained
a license therefor. The annual fee for such license shall be twenty-
five dollars.
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9.80.020. Definitions. The term small animal store shall be
construed to include any establishment for the raising, training,
boarding or selling dogs, cats, birds, mice, rats or other small
animals for hire or profit, or where more than three dogs or three
cats are harbored or kept.
9.80.030. Sanitation. Every place used as a small animal
shop shall be kept in a clean and sanitary condition. No refuse or
waste material shall be allowed to remain thereon for more than
twenty-four hours. All animals therein shall be humanely treated,
and any animal having a contagious disease shall be isolated and
properly treated.
9.80.040. Penalty. Any person, firm or corporation violating
any provision of this article shall be fined not less than twenty-five
dollars nor more than two hundred dollars for each offense; and a
separate offense shall be deemed committed on each day during or on
which a violation occurs or continues."
Section 9. That all ordinances or parts of ordinances in conflict with
the provisions of this ordinance be and are hereby repealed.
Section 10. That this ordinance shall be in full force and effect ten
days after its passage and publication in pamphlet form by authority of the
City Council.
s/ Richard L. Verbic
Richard L. Verbic, Mayor
Presented: December 22, 1976
Passed: December 22 , 1976
Vote: Yeas 5 Nays 1
Recorded:
Published:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk