G34-91 ' I
Ordinance No. G34-91
AN ORDINANCE
AMENDING TITLE 9 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED
ENTITLED "HEALTH AND SAFETY"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS:
Section 1 . That Chapter 9 . 08 of the Elgin Municipal
Code, 1976, as amended, entitled "Food Stores" be and is
hereby repealed.
Section 2 . That Chapter 9 . 10 of the Elgin Municipal
Code, 1976, as amended, entitled "Food Service Establishment"
be and is hereby repealed.
Section 3 . That Title 9 of the Elgin Municipal Code,
1976, as amended, be and is hereby further amended by adding
Chapter 9 . 08 to read as follows :
"Chapter 9 . 08
RETAIL FOOD STORES AND FOOD SERVICE ESTABLISHMENTS
9 . 08 . 010 License required.
It is unlawful to operate a food store or a
food service establishment without first having
obtained a license therefor, or without full
compliance with the provisions of this chapter. A
license shall not be transferable 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.
9 . 08 . 020 Adoption of state regulations .
The current edition of the Retail Food Store
Sanitation Rules and Regulations and Food Service
Sanitation Code, 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 display of food sold within the city
with such amendments as are hereinafter set forth in
this chapter.
9 . 08 . 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. 'Retail food store' means any establishment
or section of an establishment where food and food
products are offered to the consumer and intended
for, though not limited to, off-premises
consumption. The term includes delicatessens that
offer prepared food in bulk quantities only. The
term does not include establishments which handle
only prepackaged spirits; roadside markets that
offer only fresh fruits and fresh vegetables for
sale; food service establishments; or food and
beverage vending machines .
C. 'Health officer' as used in this chapter
means the code enforcement officer of the city or
his designee.
D. '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 .
E. '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.
9 . 08 . 040 License--Application.
All applications for a license to operate a
retail food store and 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 . 08 . 050 License--Fee.
'� �► The annual fee for retail food store licenses
shall be as follows :
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A. Food centers (over ten employees) including
sale of fresh meat and groceries $ 120 .00
B. Specialty retail foods stores $ 80 . 00
including,
1 . Bakeries,
2 . Confectionary and/or ice cream stores,
3 . Meat markets,
4 . Grocery stores (no sale of fresh meats) ,
5 . Food centers (under ten employees)
including sale of fresh meat and groceries,
6 . Wholesale food distributors,
7 . Delicatessens .
C. Convenience food outlets $ 40 . 00
including,
1 . Milk depots, including prepackaged
convenience foods,
2 . Produce stands .
D. The annual license fee of a food service
establishment shall be as follows :
Drive-ins--no seating $ 80 . 00
Restaurants with a customer capacity,
including counter stool or seats of less than
twenty-five persons at one time $ 80 .00
Restaurants with a customer capacity
of twenty-five persons or more at
one time $ 120 . 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 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.
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9 . 08 . 060 Unwholesome food--Unsanitary conditions .
No retail food store or food service
establishment licensee 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
provided in the Retail Food Store Sanitation Rules
and Regulations or the Food Service Sanitation Code
as adopted in Section 9 . 08 . 020 .
9 . 08 . 070 Examination and condemnation of unwhole-
some 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 unwholesomeness,
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 the food
or drink. During the time the hold order is in
effect, the food or drink may not be offered for
sale, moved, or disposed of until the hold order is
released by the health officer in writing.
9 . 08 . 080 Inspection of food stores .
A. At least once during the calendar period of
January 1 through June 30 and at least once during
the period of July 1 through December 31, the health
officer shall inspect every retail food store and
food service establishment 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
the 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.
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elbk B. One copy of the inspection report shall be
posted by the health officer upon an inside wall of
the retail food store or food service establishment
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 retail food store
or 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 . 08 . 090 Food sanitation enforcement procedures .
A. Correction of Violations .
1 . Critical Items . All critical items
require immediate correction, unless a separate
compliance schedule is established for specific
structural items . This may be accomplished:
a. During the sanitarian' s inspection.
b. By denying use of food products or
equipment which are questionable. The
sanitarian would place a hold order on the
food or equipment. This would forbid the
use of the food or equipment until written
permission is obtained from the sanitarian.
2 . Non-critical items . Non-critical items
require correction by the next inspection
regardless if it is a routine or follow-up
inspection.
9 . 08. 100 Non-renewal of license.
Non-renewal of license "For serious repeat
violations" .
A. Causes . When establishment ' s renewal
application is received, the sanitarian shall review
the file for serious repeat violations demonstrated
by:
1 . Repeated violations of three or more
critical items .
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2 . Score of 70 or less on two inspections
within eighteen ( 18) months .
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3 . Score of 60 or less on most recent
inspection.
B. Action.
1 . If the review reveals any of these
conditions, the license may not be issued. The
sanitarian may:
a. Send the non-renewal letter to the
license holder by:
i . hand delivery or,
ii . certified mail with return
receipt requested.
b. Remove the license from the
establishment on the last day of allowed
operation.
2 . The license holder:
a. Shall cease operation on the date
specified on the non-renewal letter.
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b. May make a written request for a
prehearing conference with the health
officer within ten days of the date of the
non-renewal letter.
c. May make a written request for a
reinspection at anytime which includes a
signed statement saying the conditions
causing the non-renewal of the permit have
been corrected. The sanitarian shall make
the reinspection within ten days of the
license holder' s written request.
C. Pre-hearing Conference.
1 . The health officer:
a. Sets the time and date of
pre-hearing within thirty days of request.
b. Notifies license holder of time and
date at least five days before
pre-hearing. (Mail copy of letter to
appropriate liquor commission, if
Ob.
.., applicable. )
c. Renders decision within ten days
after pre-hearing.
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d. Written decision is placed in the
establishment ' s file and a copy is sent to
the permit holder by hand delivery or
certified mail and return of receipt.
D. Hearing Conference.
1 . The license holder may file in the
office of the health officer a written request
for a hearing before the board of health if he
wishes to appeal the pre-hearing decision.
2 . The secretary of the board of health
shall :
a. Set the time and date of hearing
within thirty days of request.
b. Notify license holder of time and
date at least five days before the hearing.
3 . The board of health shall render a
decision within ten days after the hearing.
4 . The written decision is placed in the
establishment 's file and a copy is sent to the
license holder by hand delivery or certified
mail and return of receipt.
5 . The license holder may file an appeal
with the Kane County Circuit Court if he
disagrees with the decision rendered by the
board of health.
9 . 08 . 110 Suspension of license.
Suspension of license "For failure of the
license holder to comply with the requirements of
this ordinance" .
A. Causes .
1 . Lack of substantial progress on
follow-up inspections : (Refer to Follow-up
Inspection Enforcement Procedures) .
2 . Repeated violation of five or more
critical items .
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elk
B. Actions .
1 . The sanitarian may:
a. Send the suspension letter to the
license holder by:
i . hand delivery or,
ii . certified mail with return
receipt requested.
b. Remove the license from the
establishment upon suspension of the permit.
2 . The license holder:
a. Must immediately suspend operation
upon service of the notice.
b. May make a written request for a
prehearing conference with the health
officer within five days from receipt of
the suspension notice.
c. May make a written request for a
reinspection at any time.
C. Pre-hearing Conference.
1 . The health officer:
a. Sets the time and date of
pre-hearing within thirty days of request.
b. Notifies license holder of time and
date at least five days before
pre-hearing. (Mail copy of letter to
appropriate liquor commission, if
applicable. )
c. Renders decision within ten days
after pre-hearing.
d. Written decision is placed in the
establishment ' s file and a copy is sent to
the permit holder by hand delivery or
certified mail and return of receipt.
'` .. D. Hearing Conference.
1 . The license holder may file in the
office of the health officer a written request
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for a hearing before the board of health if he
wishes to appeal the pre-hearing decision.
2 . The secretary of the board of health
shall :
a. Set the time and date of hearing
within thirty days of request.
b. Notify license holder of time and
date at least five days before the hearing.
3 . The board of health shall render a
decision within ten days after the hearing.
4 . The written decision is placed in the
establishment' s file and a copy is sent to the
license holder by hand delivery or certified
mail and return of receipt.
5 . The license holder may file an appeal
with the Kane County Circuit Court if he
disagrees with the decision rendered by the
board of health.
9 .08 . 120 Immediate suspension of license.
Immediate suspension of license "For
substantial hazard to the public health" .
A. Causes .
1 . Utility interruptions .
2 . Severe unsanitary conditions .
3 . Foodborne illness-outbreak traced to
establishment as ongoing.
4 . Employee with communicable disease.
5 . A score not corrected above 60 at the
time of the inspection.
6 . Improper use of insecticide - depending
on situation.
B. Action.
1 . When the sanitarian's inspection reveals
-ow any of the above conditions or any other
conditions which in his judgment constitutes a
substantial hazard to the public health, he
shall:
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a. Contact a supervisor, whenever
possible, to verify the conditions .
b. Issue a written notice to the
license holder or operator stating:
i . Conditions causing the
immediate suspension.
ii . The corrective action to be
taken.
iii . The time period within which
such action shall be taken.
iv. If deemed necessary, that the
license is immediately suspended and
that all operations as a food
establishment are to be immediately
discontinued.
v. Remove the license from the
premises .
2 . The license holder:
a. Shall immediately discontinue
operation upon service of the notice.
b. May make a written request for a
pre-hearing conference with the health
officer within five days of receipt of the
suspension notice.
c. May make a written request for a
reinstatement inspection at any time.
C. Pre-hearing Conference.
1 . The health officer:
a. Sets the time and date of
pre-hearing within thirty days of request.
b. Notifies license holder of time and
date at least five days before
pre-hearing. (Mail copy of letter to
appropriate liquor commission, if
applicable. )
'' �•• c. Renders decision within ten days
after pre-hearing.
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d. Written decision is placed in the
establishment' s file and a copy is sent to
the permit holder by hand delivery or
certified mail and return of receipt.
D. Hearing Conference.
1 . The license holder may file in the
office of the health officer a written request
for a hearing before the board of health if he
wishes to appeal the pre-hearing decision.
2 . The secretary of the board of health
shall :
a. Set the time and date of hearing
within thirty days of request.
b. Notify license holder of time and
date at least five days before the hearing.
3 . The board of health shall render a
decision within ten days after the hearing.
4 . The written decision is placed in the
establishment' s file and a copy is sent to the
license holder by hand delivery or certified
mail and return of receipt.
5 . The license holder may file an appeal
with the Kane County Circuit Court if he
disagrees with the decision rendered by the
board of health.
9 .08 . 130 Revocation of license.
Revocation of license "For serious or repeated
critical violations of any provisions of this
ordinance, or for interference with the health
officer in the performance of his duties" .
A. Causes .
1 . Serious or repeated critical violations
of any of the requirements of the ordinance.
2 . Repeatedly not permitting access to the
facility for an inspection when it is open to
the public.
'` ... 3 . Blatantly or subtly threatening bodily
harm.
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4 . Two or more suspension notices or
non-renewal notices within past two years .
B. Action.
1 . The sanitarian:
a. Shall meet with the public health
officer to discuss the situation; if the
license is to be revoked then:
b. Shall send the revocation letter to
the permit holder by:
i . Hand delivery, or
ii . Certified mail with return
receipt requested.
c. Shall remove the license from the
establishment upon revocation of the permit.
d. May suspend the license for cause
pending the license's revocation or a
hearing relative to the revocation.
2 . The license holder:
a. May make a written request for a
pre-hearing conference within five days of
the receipt of the revocation letter.
b. Shall discontinue all operation as a
food establishment within five days of the
receipt of the revocation letter.
c. May make written applicable for a
new license if revocation of the permit is
final .
C. Pre-hearing Conference.
1 . The health officer:
a. Sets the time and date of
pre-hearing within thirty days of request.
b. Notifies license holder of time and
date at least five days before
pre-hearing. (Mail copy of letter to
*b, appropriate liquor commission, if
applicable. )
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c. Renders decision within ten days
after pre-hearing.
d. Written decision is placed in the
establishment ' s file and a copy is sent to
the permit holder by hand delivery or
certified mail and return of receipt.
D. Hearing Conference.
1 . The license holder may file in the
office of the health officer a written request
for a hearing before the board of health if he
wishes to appeal the pre-hearing decision.
2 . The secretary of the board of health
shall :
a. Set the time and date of hearing
within thirty days of request.
b. Notify license holder of time and
date at least five days before the hearing.
3 . The board of health shall render a
decision within ten days after the hearing.
4 . The written decision is placed in the
establishment' s file and a copy is sent to the
license holder by hand delivery or certified
mail and return of receipt.
5. The license holder may file an appeal
with the Kane County Circuit Court if he
disagrees with the decision rendered by the
board of health.
9 . 08 . 140 Enforcement of action--Employees .
A. When the health officer has reasonable
cause to suspect the possibility of disease
transmission by any retail food store or food
service establishment employee, he shall make such
investigation as may be indicated, 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 person as
an employee from all food stores or food
"•.., service establishments; no employee shall be
allowed to return to work in a food store or
food service establishment until the health
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officer certifies that the employee no longer
presents a health hazard.
2 . Restriction on the employee' s services
to some area of the store or 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 .08 . 150 Existing retail food stores or food
service establishments .
No existing food store or 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 retail food store or 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 the food contact surfaces are
nontoxic.
9 . 08 . 160 New retail food stores and food service
establishments .
A. All retail food stores and food service
establishments which are hereafter constructed,
remodeled or extensively altered shall conform in
such construction to the requirements of this
chapter. New and replacement equipment shall be
designed for use in food stores or food service
establishments meeting the requirements of this
chapter as to construction and installation, and
shall substantially conform to the standards of the
National Sanitation Foundation.
B. Property prepared plans, including
equipment specifications and installation layouts,
shall be submitted to the health officer for review
" +• and approval before work is begun on the
construction of new retail food stores or food
service establishments or the reconstruction or
extensive alteration of existing ones .
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few 9 .08 . 170 Food from establishments in other
jurisdictions .
Food from food service establishments or retail
food stores outside the jurisdiction of the city
health department may be sold within the city if
such food service establishment or food stores
conform to the provisions of this chapter or to
substantially equivalent provisions . To determine
the extent of compliance with such provisions, the
health officer may accept reports from the
responsible authority in other jurisdictions where
such food stores or food service establishments are
located. "
Section 4 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are
hereby repealed.
Section 5 . That this ordinance shall be in full force
and effect from and after its passage and publication in the
manner provided by law.
sI George VanDeVoorde
George VanDeVoorde, Mayor
Presented: June 12 , 1991
Passed: June 12, 1991
Vote: Yeas 6 Nays 0
Recorded:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
Aloft
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