G35-78 Ordinance No. G35-78
AN ORDINANCE
REQUIRING BUSINESS LICENSES 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 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 govern-
ment 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 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 1975 edition of "Rules and Regula-
tions 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,
KANE AND COOK COUNTIES, ILLINOIS, IN THE EXERCISE OF ITS HOME RULE AUTHORITY:
Section 1. That Chapter 9.10 entitled "Food Service Establishment" be
and is hereby added to the Elgin Municipal Code, 1976, as fnllows:
"9.10 Food Service Establishment
9.10.010 License required
It shall be unlawful to operate a food service establishment
in the City without first having obtained a license therefor, or
without full compliance with the provisions of this ordinance.
9.10.020 Adopted
The 1975 edition of the Food Service Sanitation Rules and
Regulations, as published by the State of 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
ribk such amendments as are hereinafter set forth in this chapter.
9.10.030 Definitions
a. "Health Officer" as used in this chapter means the
Sanitarian, the City Public Health Officer or his designated
assistant.
b. "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 the case of drive-in restaurants,
shall include in addition thereto each parking space for motor
vehicles provided for the accommodation of patrons or customers.
c. "Food Service Establishment" as referred to in Rule 1.01
of the Food Service Establishment Rules and Regulations shall be
expanded to include day care centers, nursing homes and retirement
centers.
9.10.040 License--Application
All applications for a license to operate a food service
establishment shall be made in conformity with the standard
application procedure in Chapter 6.03. All applications 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.
9.10.050 License fee
The annual license fee of a food service establishment 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 coarpoartion 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 fees as provided for in Chapter 6.06 of this
Code shall not be required to pay the food service establishment fee
provided for herein, but shall comply with all the requirements of this
chapter.
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 spoiled, tainted or is
f.' unwholesome and unfit for human consumption for any reason or
violate any rule or regulation as provided in the Food Service
Sanitation Rules and Regulations as adopted in 9.10.020.
9.10.070 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 unwholesome 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.
9.10.080 Inspection of Food Service Establishments
a. At least once every six months the Health Officer shall
inspect every food service establishment located within the City.
Upon discovery by the Health Officer of any sanitation violation,
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. One copy of the inspection report shall be posted by the
Health Officer upon an inside wall of the food service establish-
ment in public view, 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.
c. The person operating the food service establishment 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.
9.10.090 Suspension of licenses
a. The Health Officer shall be authorized to order the cessation
of business, the closing of the premises, and the temporary suspension
of any license for the failure of the holder to comply with the require-
ments of this chapter so that the continued conduct of the food service
establishment 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.
9.10.100 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 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 9.10.090 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.
9.10.110 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.
9.10.120 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.
9.10.130 Enforcement of action--Employees
a. When the Health Officer has reasonable cause to suspect the
possibility of disease transmission by any food-service establish-
ment employee, he shall make such investigation as may be indicated, ii
including the morbidity history of suspected employees, and take
appropriate action. The Health Officer may require any or all of the
following measures
1. The immediate exclusion of the employee from
all food service establishments . No employee shall be
allowed to return to work in a food establishment until
the Health Officer certifies that the employee no longer
presents a health hazard.
2. Restriction of the employee's services to some
area of the establishment where there would be no danger
of transmitting disease.
3. Adequate medical and laboratory examinations of the
employee and, if deemed necessary, other employees.
b. Any person to whom such an order is issued shall comply immediately
therewith, but upon written application to the Board of Health, shall be
afforded a hearing.
9.10.140 Existing food service establishments
No existing food service establishment shall operate within the City
unless it conforms with the requirements of this chapter, provided, that
equipment and facilities, installed in a food service establishment prior
to the effective date of this chapter, which do not fully meet all of the
design and construction requirements of this chapter, shall be deemed
acceptable in that establishment if they are in good repair, capable of
being maintained in a sanitary condition, and food contact surfaces are
eftnontoxic.
9.10.150 New food service establishments
a. All food service establishments which are hereafter established,
constructed, reconstructed or substantially altered shall conform in such
construction to the requirements of this chapter. New and replacement
equipment shall meet the requirements of this chapter as to design, con-
struction and installation.
b. Complete plans, including equipment specifications and installa-
tion layouts, shall be submitted to the Health Officer for review and
approval before work is begun on the construction of new food service
establishments or the reconstruction or extensive alteration of existing
ones.
9.10.160 Food service establishments in other jurisdictions
Food from food service establishments or food stores located outside
the jurisdiction of the corporate limits of the City of Elgin may be sold
within the City if such food service establishments or food stores conform
to the provisions of this article or to substantially equivalent provisions.
To determine the extent of compliance with such provisions, the Health
Office may accept reports from the responsible authority in other juris-
diction where such food service establishments are located."
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. erbic, Mayor
Presented: April 26 , 1978
Passed: April 26 , 1978
Vote: Yeas 7 Nays 0
Recorded:
Published:
Attest:
s/ Marie Yearman
rie earman, ity Cler