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G60-76 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That Section 6.09.140 of Chapter 6 of the Elgin Municipal Code, 1976, entitled "Penalty for Violation" be and is hereby repealed.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. -2- 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. -3- 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. . . . . ". -5- 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 -6- 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 -7- 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. -8- 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. -9- 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. -10- 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. -11- 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. -12- 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. -13- 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 -14- 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. -15- 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. -16- 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. -17- 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. -18- 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. -19- 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. -20- 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