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HomeMy WebLinkAboutG60-85 Ordinance No. G60-85 AN ORDINANCE AMENDING THE LICENSE REGULATIONS FOR FOOD SERVICE ESTABLISHMENTS 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 Constitution of 1970; and WHEREAS, subject to the limitations of said section, the City of Elgin may exer- cise any power and perform any function pertaining to its government and affairs; and WHEREAS, the regulation of food service establishments 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 I of the Illinois Municipal Code of 1961, (Ill. Rev. Stat., 1985, Ch. 24, Sec. 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 neces- sary and desirable to adopt the 1983 Edition of Rules and Regulations Pertaining to Food Service Sanitation 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, ILLINOIS: Section I. That Section 9.10.010 of Chapter 9.10 be and is hereby amended by adding the following: "9.10.010 License required. A license shall not be transferrable 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." Section 2. That Section 9.10.020 of Chapter 9.10 be and is hereby amended to read as follows: "9.10.020 Adoption of state regulations. The 1983 Edition of the Food Service Sanitation Rules and Regula- tions as published by the Illinois Department of Public Health, published in pamphlet form, are adopted as the regulations governing the sanitation procedures and controls for the storage, preparation and serving of food within the city with such amendments as are hereinafter set forth in this chapter." Section 3. That Section 9.10.030 of Chapter 9.10 be and is hereby amended to read as follows: "9.10.030 Definitions. A. "Food service establishment" as referred to in Section 750.10 of the Food Services Establishment Rules and Regulations shall be expanded to include day care centers, nursing homes, retirement centers and schools. B. "Health officer" as used in this chapter means the Code Enforcement Officer of the city or his designee. C. "Service accommodation" as used in this chapter means the seating place where one patron or customer to be served can be seated, or in lieu of seating space two lineal feet of counter space which may be used or occupied by one patron or customer to be served while standing and in case of drive-in restaurants, shall include in addition thereto each parking space for motor vehicles provided for the accommodation of patrons or customers. D. "Misbranded" as used in this chapter means the presence of any written, printed or graphic matter, upon or accompanying food containers of food, which is false or misleading, or which violates an applicable state or local labeling requirement." Section 4. That Section 9.10.060 of Chapter 9.10 be and is hereby amended to read as follows: "9.10.060 Unwholesome food. No food service establishment 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 as provided in the Retail Food Store Sanitation Rules and Regulations as adopted in Section 9.08.020." Section 5. That Section 9.10/070 of Chapter 9.10 be and is hereby amended to read as follows: "9.10.070 Examination and condemnation of unwholesome or adulterated food or drink. Samples of food and drink may be examined or sampled by the health officer as often as may be necessary to determine freedom from unwhole- someness, adulteration and misbranding, and determine bacteriological content. The health officer may order condemnation of and forbid the sale of, or cause to be removed, destroyed or denatured, any food which is unwholesome, adulterated or misbranded. Any food or substance which is suspected by the health officer of being unwholesome, adulterated or misbranded may be detained by the placing of a hold order on said food or drink. During said time the hold order is in effect, said food or drink may 411) not be offered for sale, moved, or disposed of until said hold order is released by the health officer in writing." Section 6. That Section 9.10.090(B) of Chapter 9.10 be and is hereby amended by substituting the words "health officer" for "director of community development" in the second sentence of said section. Section 7. That Section 9.10.100(A) of Chapter 9.10 be and is hereby amended to read as follows: "9.10.100 Revocation of license. A. For serious or repeated violations of any requirements of this chapter, or for interference with the health officer in the performance of his duties, the health officer may seek a hearing before the city'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 9.10.090 pending its revocation or a hearing relative thereto." Section 8. That Section 9.10.050(A) of Chapter 9.10 be and is hereby amended to read as follows: "9.10.150 New food service establishments. A. All food service establishments which are hereafter established, remodeled or extensively altered shall conform in such construc- tion to the requirements of this chapter. New and replacement equipment shall be designed for use in a food service estabish- ment meeting the requirements of this chapter as to construction and installation, and shall substantially conform to the standards of the National Sanitation Foundation." Section 9. That all ordinances or parts thereof in conflict with this ordinance be and are hereby repealed. Section 10. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. sr Richard L. Verbic Richard L. Verbic, Mayor r t Presented: August 12, 1985 4111, Passed: August 12 , 1985 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: A/ Marie Yearman Marie Yearman, City Clerk Al)