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HomeMy WebLinkAboutG43-78 j Ordinance No. G43-78 AN ORDINANCE eft PROVIDING FOR THE REGULATION AND LICENSING OF AUTOMATIC FOOD VENDING MACHINES WHEREAS, the City of Elgin has a population of more than 25,000 and is a home rule unit within the meaning of Section B of Article 7 of the Con- stitution of 1970; and WHEREAS, subject to the limitations of said section, the City of Elgin may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the regulation of automatic food vending machines is within the government and affairs of the City of Elgin; and WHEREAS, the City of Elgin may adopt certain codes and public ordinances, by reference, pursuant to the provisions of Division 3 of Article 1 of the Illinois Municipal Code of 1961, (Illinois Revised Statutes, 1975, Chapter 24, Section 1-3-2, et seq.) ; and WHEREAS, said rules and regulations have been on file in the office of the City Clerk for more than thirty (30) days preceding the passage of this ordinance; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to adopt the 1968 edition of the Rules and Regu- lations Pertaining to the Sanitary Vending of Food and Beverages, as published by the State of Illinois Department of Public Health, as amended from time to time, and as further amended herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, IN THE EXERCISE OF ITS HOME RULE AUTHORITY: Section 1. That Chapter 9.14 entitled "Automatic Food Vending Machines" be and is hereby added to the Elgin Municipal Code, as amended, as follows: "9.14 Automatic Food Vending Machines 9.14.010 License Required No persons shall install, keep, or maintain an automatic food vending machine in the City, or permit the installation, keeping, maintenance or use upon his premises of an automatic food vending machine, without first having obtained a license therefor. 9.14.020 Adopted The 1968 edition of the Rules and Regulations Pertaining to the Sanitary Vending of Food and Beverages, as published by the State of Illinois Department of Public Health, published in pamphlet form, are adopted as the regulations governing the fir.. sanitation procedures and controls for the storage, preparation E and display of food sold within vending machines within the City with such amendments as are hereinafter set forth in this Chapter. 9.14.030 Definitions "Health Officer" as used in this chapter means the Sanitarian, Public Health Officer for the City or his designated assistant. 9.14.040 Application An application for said license shall be in conformity with standard application procedures in Chapter 6.03 and in addition shall set forth the items to be sold, the cost of those items and the type of automatic food vending machines to be operated. 9.14.050 Fees The annual fee for a license for an automatic food vending machine shall be as follows: a. Machines dispensing candy, nuts, gum.. .. . .. . No Fee b. Machines dispensing capped or sealed Bottled or Canned Beverages. .. .. ... . . . .. . ... No Fee c. Machines dispensing beverages in a cup .. . .. . . . . .. ... . ... .. . .. . .. . ... . . .. . $ 5.00 d. Machines dispensing milk, sandwiches, pastry or fruit .. ... ... ..... . .. . .. . . . . ... . . $10.00 e. All other .. . .. . . .. ..... . .. . .... . . . . . . .. .... $10.00 9.14.060 Machine Maintenance There shall be posted in a conspicuous place on each machine the name, address and telephone number of the person responsible for the maintenance of such machine. 9.14.070 Unwholesome Food - Unsanitary Conditions No vending machine owner or operator 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, tainted or unwholesome and unfit for human consumption for any reason or violate any rule or regulation as provided in the Sanitary Vending of Food and Beverages rules and regulations as adopted in 9.14.020. 9.14.080 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. 1 9.14.090 Inspection of Automatic Food Vending Machines a, At least once every six months the Health Officer shall inspect every automatic food vending machine located within the City. In case the Health Officer discovers the violation of any item of sanitation, he shall issue a written inspection report to the license holder or operator citing such conditions, specifying the corrective action to be taken, and specifying the time period within which action shall be taken. The Health Officer 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 Chapter. Any violation of the same requirement of this Chapter on such second inspection may call for immediate suspension of the license. b. The person operating the automatic food vending machi e 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. 9.14.100 Suspension a. The Health Officer shall be authorized to summarily prohibit the operation of the vending machine, and the suspension of any license for the failure of the holder to comply with the requirements of this Chapter so that the continued use of the automatic food vending machine does not constitute a nuisance or present a danger to the public health, safety or general welfare. b. The license holder and/or operator shall be given written notice, along with the inspection report, that upon service of the notice the license is immediately suspended. A license holder may appeal an order of suspension by written request for a hearing by the Board of Health filed with the Director of Community Development who shall promptly notify the chairman of the Board of Health, 9.14.110 Revocation of License a. For serious or repeated violations of any requirements of this Qiapter, or for interference with the Health Officer in the perfoihance of his duties, the Health Officer may request the Director of Community Development to seek a hearing before the City of Elgin's Board of Health for the purpose of determining whether or not the license should be revoked. Such revocation, if ordered, shall not preclude prosecution and imposition of any other penalties. A license may be suspended for cause under Section 9,14.100 pending its revocation or a hearing relative thereto. b. The license holder and/or operator shall be given written notice, along with the inspection report, that upon service of the notice the license is immediately suspended pending a hearing on the request for revocation before the Board of Health. 9.08.120 Reinstatement of License Any person whose license has been suspended, may, at any time, make application for a reinspection for the purpose of reinstatement of the license. Within two (2) days following a receipt of a written request, including a statement signed by the applicant that in his opinion the condition causing suspension of the license have been corrected, the Health Officer shall make a reinspection. If the applicant is complying with the requirements of this chapter, the license shall be reinstated and the request for revocation shall be dismissed by the Board of Health. 9.08.130 Hearings a. All hearings required by this Chapter shall be before the Board of Health. The Chairman of the Board of Health shall cause a hearing to be held not later than ten (10) days from the date of the notice or application for hearing. Hearings shall be conducted by not less than four members of the Board of Health. The license holder or person in charge shall be given notice of the time and place of the hearing by certified mail to the licensee's last known address or delivered personally to the license holder or person in charge at least three (3) days prior to the hearing date. At the hearing the licensee shall be permitted counsel and shall have the right to submit evidence and cross-examine witnesses. b. At the conclusion of the hearing, the Board of Health may sustain, modify, or reverse any order of the Health Officer and may suspend or revoke the license. The decision of the Board of Health shall be rendered in writing within two (2) days and shall be final." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: May 24, 1978 Passed: May 24, 1978 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk