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HomeMy WebLinkAboutOrd 4137 01/16/1990 ORDINANCE NO. 4137 AN ORDINANCE AMENDING ARTICLES I AND II OF CHAPTER 12 ENTITLED "FOOD CODE" OF THE VILLAGE CODE OF MOUNT PROSPECT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the 16th day of January , 1990 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, -Illinois, the .17th day of January , 1990. ORDINANCE NO. 4137 AN ORDINANCE AMENDING ARTICLES I AND II OF CHAPTER 12 ENTITLED "FOOD CODE" OF THE VILLAGE CODE OF MOUNT PROSPECT WHEREAS, in order to guarantee the health, safety and welfare of the residents of the Village of Mount Prospect the President and Board of Trustees of the Village of Mount Prospect have determined that it would be in the best interest of the Village to adopt amendments to the regulations governing food service sanitation regulations in conformance with the State of Illinois. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Article I of Chapter 12 of the Village Code of Mount, as amended, is hereby further amended in its entirety; so that hereinafter said Article I of Chapter 12 shall be and read as follows: ~' ARTICLE I INCORPORATION OF FOOl) SERVICE SANITATION REGULATIONS AND AMENDMENTS THERETO SECTION: 12.lO1. Purpose 12.102. Incorporation of Food Service Regulations 12.103. Incorporation of Retail Food Store Regulations 12.104. Severability Sec. 12.101. Purpose. The provisions of this Article are designed to protect the public health, safety and welfare by providing sanitation regulations governing the storage, preparation and service of food and the condition of the premises where such food is stored, prepared or served in food processing and food service establishments and retail food stores. (Ord. 3044, 9-2-80) Sec. 12.102. Incorporation of Food Service Regulations. For the purpose of establishing sanitation rules and regulations for the storage, preparation and service of food and the condition of the premises where such food is stored, prepared or served in food processing and food service establishments, there is hereby adopted the 1989 Edition of the Rules' and Regulations Pertaining to the Sanitation of Food Service Establishments promulgated by the State of Illinois, Department of Public Health, together with all appendices thereto, and all subsequent editions or amendments. Sec. 12.103. Incorporation of Retail Food Store Regulations. For the purpose of establishing sanitation rules and regulations for the storage, preparation and service of food and the condition of the premises Where such food is stored, prepared or served in retail food stores, there is hereby adopted the 1987 Edition of the Rules and Regulations Pertaining to the Sanitation of Retail Food Store Establishments promulgated by the State of Illinois, Department of Public Health, together with all appendices thereto, and all subsequent editions or amendments. Sec. 12.104. Severabili~y. If any section,' paragraph, sentence, clause, or phrase of this Ordinance is declared unconstitutional or the application thereof is held invalid, the validity of the remainder of this Ordinance and the application of such provisions to other persons and circumstances shall not be effected thereby." SECTION TWO: That Article III of Chapter 12 of the Village Code of Mount, as amended, is hereby further amended in its entirety; so that hereinafter said Article III of Chapter 12 shall be and read as follows: ~l ARTICLE III LICENSES AND ENFORCEMENT SECTION: 12.301. Definitions 12.302. License Required 12.303. License Fees 12.304. Incorporation of Compliance Procedures 12.305. Section Number 12.306. Report of Inspections 12.307. Retail Food Establishments in Other Jurisdictions 12.308. Condemnation of Equipment and Utensils 12.309. Conditional License 12.310. Office Conferences Sec. 12.301. Definitions. For the purposes of this Article, the following words shall have the following definitions: DIRECTOR: The Director of Inspection Services of the Village of Mount Prospect. ESTABLISHMENT: Any location or premses at which the business of food processing, food service, retail food sales, or the sale or distribution of milk or cream is conducted. (Ord. 3044, 9-2-80; Ord. 3618, 3-4-86} SERIOUS VIOLATION: A violation of a four (4) or five {5) point weighted item on the report of inspections. Sec. 12.302. License Required. It shall be unlawful for any person, firm or corporation to engage in or do business in the Village as a food processing establishment, food service establishment, retail food store or to sell or distribute milk or cream, without first having obtained a license therefore pursuant to the provisions of Chapter l0 of the Municipal Code for each location at which said person, firm or corporation engages in or does such business. (Ord. 3044, 9-2-80) Sec. 12.303. License Fees. A. Food processing establishments, food service establishments, retail food stores, and dealers of milk or cream shall be designated as Class II establishments and shall pay the annual fees as set forth in Article XXXIV of Chapter 11 of this Code. B. Any establishment licensed under this article otherwise receiving health inspections from the United .States Food and Drug Administration, shall be designated as a Class I business and shall pay the annual fees as set forth in Article XXXIV of Chapter 11 of this Code. C. Any person selling food and/or beverages from a vehicle shall be designated as a food service vehicle and shall pay the annual fee as set forth in Article XXXIV of Chapter 11 of this Code. (Ord. 3044, 9-2-80; Ord. 3618, 3-4-86) Sec. 12.304. Incorporation of Compliance Procedures. For the purpose of the issuance, suspension, and revocation of licenses to operate retail food establishments and the prohibiting of sale of unsound or mislabeled food or drink, there is hereby adopted Chapter 10, "Compliance Procedures" of the 1976 and all subsequent editions or amendments to the United States Food and Drug Administrations publication currently titled, "Food Service Sanitation Manual" except Sections 10-601 and 10-602, in the "Compliance Procedures" concerning legal remedies such as penalties and injunctions. Sec. 12.305. Section Numbers. Any or all references in the, "Compliance Procedures", to section numbers that appear in any other chapter of the 1976 and all subsequent editions or amendments to the United States Food and Drug Administration's publication currently titled, "Food Service Sanitation Manual"; shall be deemed to mean the corresponding substantive section that appears in the 1988 and all subsequent editions or amendments to the Illinois Department of Public Health's publication currently titled, "Food Service Sanitation Rules and Regulations", and the 1988 and all subsequent editions or amendments to the Illinois Department of Public Health's publication currently titled, "Retail Food Store Sanitation Rules and Regulations". Sec. 12.306. Report of Inspections. An inspectional report form shall be utilized that indicates violations of the Rules Promulgated under the Illinois Food, Drug and Cosmetic Act and/or The Sanitary Inspections Law by representative item numbers 1 through 45 on such form. Such item numbers violated and a statement describing the violation should be indicated in the remarks section of said inspection report form. The section numbers from the Illinois Department of Public Health's publications currently titled, "Food Service Sanitation Rules and Regulations" and "Retail Food Store Sanitation Rules and Regulations", need not be referenced on such inspectional report form. Sec. 12.307. Retail Food Establishments in Other Jurisdictions. Food from retail food establishments outside the jurisdiction of the Mount Prospect Department of Inspection Services may be sold within the jurisdiction of Mount Prospect Department of Inspection Services if such retail food establishments conform to the provisions of this Ordinance. To determine the extent of compliance wi th such provisions, the Mount Prospect Department of Inspection Services may either accept copies of inspectional findings from a regulatory authority in other jurisdictions where such retail food establishments are located or such establishments may voluntarily submit to inspection by the Mount Prospect Department of Inspection Services to determine compliance with the provisions of this Ordinance. Sec. 12.308. Condemnation of Equipment or Utensils. The Mount Prospect Department of Inspection Services may, upon written notice to the owner or the person in charge, specifying with particularly the reasons therefore, place a hold order on any equipment or utensil that it believes is in a state of disrepair, unsafe, unsuitable for use or unsanitary. The hold order shall state that a request for hearing may be filed within l0 days and that if no hearing is requested the equipment or utensil shall, after this l0 day period, either be immediately destroyed, immediately removed from the premises, or brought back into compliance with the provisions of this Ordinance by a certain specified date that is written on the ~nspectional report form. If a request for hearing is received, the hearing shall be held within 20 days after receipt of the request. On the basis of the evidence produced at the hearing, the hold order may be modified or sustained or vacated. A written report of the hearing decision shall be furnished to the holder of the license, by the Mount Prospect Department of Inspection Services. It shall be unlawful for any person to put such equipment or utensil, that has been placed under a hold order, back into service without written permission of the Director of Inspection Services. Sec. 12.309. Conditional License. A conditional license may be issued or an existing l~cense may be withdrawn and and a conditional license issued when health code defects are found to exist in a retail food establishment but are not considered to be imminent health hazards. A Conditional License may be granted at the discretion of the regulatory authority to allow the business owner or operator a reasonable period of time to make the corrections that are required by law. Under no circumstances shall a Conditional License be issued for more than two (2) consecutive twelve {12) month periods. However, the conditional license may be issueq for any shorter period(s) of time at the discretion of the regulatory authority. Under no conditions shall a conditional license exceed a period of twenty-four {24) consecutive months. The purpose of a Conditional License is to allow a reasonable period of time for correction of existing violations in a retail food establishment. Sec. 12.310. Office Conferences. Informal office conferences may be held between the Mount Prospect Department of Inspection Services and the retail food estabishment to discuss sanitation problems. A verbatim record *of these informal conferences need no~ be made.,' SECTION THREE: That this Ordinance shall be in full force and effect from and after its ~passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this __ day of , 1990. Gerald L. Farley Village President ATTEST: Carol A. Fields Village Clerk ORDINANCE NO. AN ORDINANCE AMENDING ARTICLES I AND II OF CHAPTER 12 ENTITLED "FOOD CODE" OF THE VILLAGE CODE OF MOUNT .PROSPECT WHEREAS, in order to guarantee the health, safety and welfare of the residents of the Village of Mount Prospect the President and Board of Trustees of the Village of Mount Prospect have determined that it would be in the best interest of the Village to adopt amendments to the regulations governing food service sanitation regulations in conformance with the State of Illinois. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Article I of Chapter 12 of the Village Code of Mount, as amended, is hereby further amended in its entirety; so that hereinafter said Article I of Chapter 12 shall be and read as follows: "ARTICLE I INCORPOILATION OF FOO0 SERVICE SANITATION REGULATIONS AND AMENDMENTS THERETO SECTION: ]2.lO1. Purpose 12.102. Incorporation of Food Service Regulations 12.103. Incorporation of Retail Food Store Regulations 12.104. Severability Sec. 12.101. Purpose. The provisions of this Article are designed to protect the public health, safety and welfare by providing sanitation regulations governing the storage, preparation and service of food and the condition of the premises where such food is stored, prepared or served in food processing and food service establishments and retail food stores. (Ord. 3044, 9-2-80) Sec. 12.102. Incorporation of Food Service Regulations. For the purpose of establishing sanitation rules and regulations for the storage, preparation and service of food and the condition of the premises where such food is stored, prepared or served in food processing and food service establishments, there is hereby adopted the 1989 Edition of the Rules' and Regulations Pertaining to the Sanitation of Food Service Establishments promulgated by the State of Illinois,.Department of Public Health, together with all appendices thereto, and all subsequent editions or amendments. Sec. lZ.103. Incorporation of Retail Food Store Regulations. For the purpose of establishing sanitation rules and regulations for the storage, preparation and service of food and the condition of the premises where such food is stored, prepared or served in retail food stores, there is hereby adopted the 1987 Edition of the Rules and Regulations Pertaining to the Sanitation of Retail Food Store Establishments promulgated by the State of Illinois, Department of Public Health, together with all appendices thereto, and all subsequent editions or amendments. Sec. 12.104. Severability. If any section, paragraph, sentence, clause, or phrase of this Ordinance is declared unconstitutional or the application thereof is held invalid, the validity of the remainder of this Ordinance and the application of such provisions to other persons and circumstances shall not be effected thereby.'~ SECTION TWO: That Article III of Chapter 12 of the Village Code of Mount, as amended, is hereby further amended in its entirety; so that hereinafter said Article III of Chapter 12 shall be and read as follows: ii ARTICLE III LICENSES AND ENFORCEMENT SECTION: 12.301. Definitions 12.302. License Required 12.303. License Fees 12.304. Incorporation of Compliance Procedures 12.305. Section Number 12.306. Report of Inspections 12.307. Retail Food Establishments in Other Jurisdictions 12.308. Condemnation of Equipment and Utensils 12.309. Conditional License 12.310. Office Conferences Sec. 12.301. Definitions. For the purposes of this Article, the following words shall have the following definitions: DIRECTOR: The Director of Inspection Services of the Village of Mount Prospect. ESTABLISHMENT: Any location or premises at which the business of food processing, food service, retail food sales, or the sale or distribution of milk or cream is conducted. (Ord. 3044, 9-2-80; Ord. 3618, 3-4-86} SERIOUS VIOLATION: A violation of a four (4) or five (5) point weighted item on the report of inspections. Sec. 12.302. License Required. It shall be unlawful for any person, firm or corporation to engage in or do business in the Village ks a food processing establishment, food service establishment, retail food store or to sell or distribute milk or cream, without first having obtained a license therefore pursuant to the provisions of Chapter l0 of the Municipal Code for each location at which said person, firm or corporation engages in or does such business. (Ord. 3044, 9-2-80) Sec. 12.303. License Fees. A. Food processing establishments, food service establishments, retail food stores, and dealers of milk or cream shall be designated as Class II establishments and shall pay the annual fees as set forth in Article XXXIV of Chapter 11 of this Code. B. Any establishment licensed under this article otherwise receiving health inspections from the United States Food and Drug Administration, shall be designated as a Class I business and shall pay the annual fees as set forth in Article XXXIV of Chapter 11 of this Code. C. Any person selling food and/or beverages from a vehicle shall be designated as a food service vehicle and shall pay the annual fee as set forth in Article XXXIV of Chapter 11 of this Code. (Ord. 3044, 9-2-80; Ord. 3618, 3-4-86) Sec. 12.304. Incorporation of Compliance Procedures. For the purpose of the issuance, suspension, and revocation of licenses to operate retail food establishments and the prohibiting of sale of unsound or mislabeled food or drink, there is hereby adopted Chapter 10, "Compliance Procedures" of the 1976 and all subsequent editions or amendments to the United States Food and Drug Administrations publication currently titled, "Food Service Sanitation Manual" except Sections lO-601 and 10-602, in the "Compliance Procedures" concerning legal remedies such as penalties and injunctions. Sec. 12.305. Section Numbers. Any or all references in the, "Compliance Procedures", to section numbers that appear in any other chapter of the 1976 and all subsequent editions or amendments to the United States Food and Drug Administration's publication currently titled, "Food Service Sanitation Manual"; shall be deemed to mean the corresponding substantive section that appears in the 1988 and all subsequent editions or amendments to the Illinois Department of Public Health's publication currently titled, "Food Service Sanitation Rules and Regulations", and the 1988 and all subsequent editions or amendments to the Illinois Department of Public Health's publication currently titled, "Retail Food Store Sanitation Rules and Regulations". Sec. 12.306. Report of Inspections. An inspectional report form shall be utilized that indicates violations of the Rules Promulgated under the Illinois Food, Drug and Cosmetic Act and/or The Sanitary Inspections Law by representative item numbers 1 through 45 on such form. Such item numbers violated and a statement describing the violation should be indicated in the remarks section of said inspection report form. The section numbers from the Illinois Department of Public Health's publications currently titled, "Food Service Sanitation Rules and Regulations" and "Retail Food Store Sanitation Rules and Regulations", need not be referenced on such inspectional report form, Sec. 12.307. Retail Food Establishments in Other Jurisdictions. Food from retail, food establishments outside the jurisdiction of the Mount Prospect Department of Inspection Services may be sold within the jurisdiction of Mount Prospect Department of Inspection Services if such retail food establishments conform to the provisions of this Ordinance. To determine the extent of compliance with such provisions, the Mount Prospect Department of Inspection Services may either accept copies of inspectional findings from a regulatory authority in other jurisdictions where such retail food establishments are located or such establishments may voluntarily submit to inspection by the Mount Prospect Department of Inspection Services to determine compliance with the provisions of this Ordinance. Sec. 12.308. Conde~mation of Equipment or Utensils. The Mount Prospect Department of Inspection Services may, upon written' notice to the owner or the person in charge, specifying with particularly the reasons therefore, place a hold order on any equipment or utensil that it believes is in a state of disrepair, unsafe, unsuitable for use or unsanitary. The hold order shall state that a request for hearing may be filed within l0 days and that if no hearing is requested the equipment or utensil shall, after this l0 day period, either be immediately destroyed, immediately removed from the premises, or brought back into compliance With the provisions of this Ordinance by a certain specified date that is written on the inspectional report form. If a request for hearing is received, the hearing shall be held within 20 days after receipt of the request. On the basis of the evidence produced at the hearing, the hold order may be modified or sustained or vacated. A written report of the hearing decision shall be furnished to the holder of the license, by the Mount Prospect Department of Inspection Services. It shall be unlawful for any person to put such equipment or utensil, that has been placed under a hold order, back into service without written permission of the Oirector of Inspection Services. Sec. 12.309. Conditional License. A conditional license may be issued or an existing license may be withdrawn and and a conditional license issued when health code defects are found to exist in a retail food establishment but are not considered to be imminent health hazards. A Conditional~ License may be granted at the discretion of the regulatory authority to allow the business owner or operator a reasonable period of time to make the corrections that are required by law. Under no circumstances shall a Conditional License be issued for more than two (2} consecutive twelve (12) month periods. However, the conditional license may be issued for any shorter period{s) of time at the ~iscretion of the regulatory authority. Under no conditions shall a conditional license exceed a period of twenty-four {24) consecutive months. The purpose of a Conditional License is to allow a reasonable period of time for correction of existing violations in a retail food establishment. Sec. 12.310. Office Conferences. Informal office conferences may be held between the Mount Prospect Department of Inspection Services and the retail foo¢ estabishment to discuss sanitation problems. A verbatim record 'of these informal conferences need not be made." SECTION THREE: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Arthur, Busse, Corcoran, Floros, Van Geem NAYS: None ABSENT: Wattenber§ PASSED and APPROVED this ]6~h day of January , 1990. Carol A. Fields Village Clerk