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HomeMy WebLinkAboutOrd 1028 02/09/1965 ORDINANCE NO. /02. 8 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE VILLAGE OF MOUNT PROSPECT WITH REFERENCE TO FOOD SERVICE SANITATION AN ORDINANCE defining food, potentially hazardous food, adul- terated, misbranded, food-service establishment, temporary food-service establishment, foodstore, health authority, utensils, equipment, etc.; providing for the sale of only unadulterated, wholesome food; regulating the sources of food; establishing sanitation standards for food, food protection, food-service personnel, food-service operations, food equip- ment and utensils, sanitary facilities and controls, and other facilities; requiring permits for the operation of food-service establishments; regu- lating the inspection of such establishments; providing for the examination and condemnation of food; and providing for the enforcement of this ordi- nance, and the fixing of penalties. NOW, THEREFORE, BE IT ORDAINED by the President and the Board of Trustees of the Village of Mount Prospect, County of Co~ State of Illinois: Section 1. That Sections 12.410 to and including 12.420 of Chap- ter 12, Article IV of the Municipal Code be and are hereby repealed. Section 2. That Sections 12.401 to and including 12.409 of Chap- ter 12, Article IV of the Municipal Code be and are hereby amended as fol- lows: "Article IV. Restaurants and Food-Processors and Packers Section 12.401 Definitions. The following definitions shall apply in the interpretation and the enforcement of this ordinance: ADULTERATED shall mean the condition of a food (a) if it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for human consumption; (b) if it has been processed, prepared, packed, or held in the village under unsani- tary conditions, wher~by it may have become contaminated with filth, or whereby it may have been rendered injurious to health~ APPROVED shall mean acceptable to the health authority based on his determination as to conformance with appro- priate standards and good public health practice. CLOSED shall mean fitted together snugly leaving no open- ings large enough to permit the entrance of vermin. CORROSION-RESISTANT MATERIAL shall mean a material which maintains its original surface characteristics under pro- longed influence of the food, cleaning compounds and sanitizing solutions which may contact. EASILY CLEANABLE shall mean readily accessible and of such material and finish, and so fabricated that residue may be completely removed by normal cleaning methods. EMPLOYEE shall mean any person working in a food-service establishment who transports food or food containers, who engages in food preparation or service, or who comes in contact with any food utensils or equipment. EQUIPMENT shall mean all stoves, ranges, hoods, meatblocks, tables, counters, refrigerators, sinks, dishwashing mach- ines, steam-tables, and similar items, other than utensils, used in the operation of a food-service establishment. FOOD shall mean any raw, cooked or processed edible sub- stance, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption. FOOD-CONTACT SURFACES shall mean those surfaces of equipment and utensils with which food normally comes in contact, and those surfaces with which food may come in contact and drain back onto surfaces normally in contact with food. FOOD-PROCESSING ESTABLISHMENT shall mean a commercial estab- lishment in which food is processed or otherwise prepared and packaged for human consumption. - 2 - FOOD-SERVICE ESTABLISHMENT shall mean any fixed or mobile restaurant, coffee-shop, cafet~ria, short-order cafe, luncheonette, grill, tearoom, sandwich shop, soda fountain, tavern, bar, cocktail lounge, night clUb, roadside stand, industrial-feeding establishment, private, public or non- profit organization or institution routinely serving food, catering kitchen, commissary or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere, and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge. FOOD STORE shall mean grocer store, butcher shop, delicates- sen, confectionery, bakery, butter and egg store, or any combination of the foregoing, or any place where food or drink is prepared, handled, stored, offered for sale or sold at retail or wholesale. HEALTH AUTHORITY shall mean the Board of Trustees of the Village of Mount Prospect or its designated representative. KITCHENWARE shall mean all multi-use utensils other than tableware used in the storage, preparation, conveying or serving of food. PERISHABLE FOOD shall mean any food of such type or in such condition as may spoil. PERSON shall mean an individual or a firm, partnership, com- pany, corporation, trustee, association or any public or private entity. POTENTIALLY HAZARDOUS FOOD shall mean any perishable food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish or other ingredients capable of supporting rapid and progressive growth of infec- tious or toxigenic micro-organisms. SAFE TEMPERATURES, as applied to potentially hazardous food, shall mean temperatures of 450F. or below, and 140oF. or above. - 3 - SANITIZE shall mean effective bactericidal treatment of clean surfaces of equipment and utensils by a process which has been approved by the health authority as being effective in destroying micro-organisms, including pathogens. SEALED shall mean free of cracks or other openings which permit the entry or passage of moisture. SINGLE-SERVICE ARTICLES shall mean cups, containers, lids, or closures, plates, knives, forks, spoons, stirrers, paddles, straws, place mats, napkins, doilies, wrapping material and all similar articles which are constructed wholly or in part from paper, paperboard, molded pulp, foil, wood, plastic, synthetic or other readily destructible materials, and which are intended by the manufacturers and. generally recognized by the public as for one usage only, then to be discarded. TABLEWARE shall mean all multi-use eating and drinking utensils, including flatware (knives, forks, and spoons). TEMPORARY FOOD-SERVICE ESTABLISHMENT shall mean any food- service establishment which operates at a fixed location for a temporary period of time, not to exceed two weeks, in con- nection with a fair, carnival, circus, public exhibition, or similar transitory gathering. UTENSIL shall mean any tableware and kitchenware used in the storage, preparation, conveying, or serving of food. WHOLESOME shall mean in sound condition, clean, free from adult~ration and otherwise suitable for use as human food. Section 12.402 Food Supplies. All food in food-service establish- ments shall be clean, wholesome, free from spoilage, free from adulteration and safe for consumption. No hermetically sealed, non-acid and low-acid (below pH 4.5) potentially hazardous food which has been processed in a place other than wholesale food-processing establishment shall be used. - 4 - Sect ion l2.403 Food Protect ion. A~ General: (1) All food, while being stored, prepared, displayed, served or sold in food-service establishments, or transported between such establishments, shall be protected against contamination from dust, flies, rodents and other v~rmin, unclean utensils and work surfaces, unnecessary handling, coughs and sneezes, flooding, drainage and overhead leakage and any other source.. (2) Conveniently located refrigeration facilities, hot food storage and display facilities and effec- tive insulated facilities shall be provided as needed to assure the maintenance of all food at required temperatures during storage, preparation, display and service. Each cold-storage facility used for the storage of perishable food in non- frozen state shall be provided with an indicating thermometer accurate to !2oF., located in the warmest part of the facility in which food is stored and of such type and so situated that the thermometer can easily and readily be observed for reading. B. Temperatures: (1) All perishable food shall be stored at such temper- atures as will protect against spoilage. (2) All potentially hazardous food shall, except when being prepared and served be kept at 450F. or below, or 140oF. or above, while being displayed for ser- vice. (3) All potentially hazardous food, when placed on dis- play for service, shall be kept hot or cold as - 5 - required hereafter: (a) If served hot, the temperature of such food shall be kept at l400F. or above; (b) If served cold, such food shall be: i Displayed in or on a refrigerated facility which can reduce or maintain the product temperature at 450F. or below, or ii Prechilled at 450F. and placed on dis- play for service, and the food tempera- ture shall at no time during the display period exceed 550F. (4) Following preparation, hollandaise and other sauces which, pending service, must be held in the tempera- ture range of 450F. to 1400F., may be exempt from the temperature requirements of this subsection, if they are prepared from fresh ingredients and are discarded as waste Hithin three hours after prepara- tion. Where such sauces require eggs as an ingredi- ent, such eggs shall be removed from their shells only immediately before addition to the sauces. Powdered eggs shall not be used in the preparation of anything not to be cooked. (5) Frozen food shall be kept at such temperatures ~s to remain frozen, except when being thawed for prepara- tion or use. Potentially hazardous frozen food shall be thawed at refrigerator temperatures of 450F. or below; or under cool, potable running water (700F. or below); or' quick-thawed as part of the cooking pro- cess; or by any other method satisfactory to the health authority. - 6 - C. Preparation: (l) Convenient and suitable utensils, such as forks, knives, tongs, spoons, or scoops, shall be pro- vided and used to minimize handling of food at all points where food is prepared. (2) All raw fruits and vegetables shall be washed thoroughly before being cooked or served. (3) Stuffings, poultry, and stuffed meats and poultry, shall be heated, throughout, to a minimum tempera- ture of l650F., with no interruption of the initial cooking process. The dressing shall be cooked in shallow pans separately from the carcass. In cook- ing small poultry, (under 2 lbs.) the dressing shall be cooked separately from the carcass, or it shall be placed in the carcass just prior to cook- ing. (4) Pork and pork products which have not been specially treated to destroy trichinae shall be thoroughly cooked to heat all parts of the meat to at least 150oF~ (5) Meat salads, poultry sal~ds, potato salad, egg salad, cream-filled pastries, and other potentially hazardous prepared food shall be prepared (preferably from chilled products) with a minimum of manual contact, and on surfaces and with utensils which are clean and which, prior to use, have been sanitized. (6) Custards, cream fillings, or similar products which are prepared by hot or cold processes, and which are used as puddings or pastry fillings, shall be kept at safe temp~ratures, except during necessary periods of preparation and service, and shall meet the following requirements as applicable: - 7 - (a) Pastry fillings shall be placed in shells, crust, or other baked goods either while hot (not less than 140oF.) or immediately following preparation, if a cold process is used; or (b) Such fillings and puddings shall be refri- gerated at 450F. or below in shallow pans, immediately after cooking or preparation, and held thereat until combined into pastries, or served. (c) All completed custard-filled and cream- filled pastries shall, unless served immedi- ately following filling, be refrigerated at 450F. or below promptly after preparation, and held thereat pending service. (d) Where the pastries used are not prepared in the food-service establishment, cream-filled or custard-filled pastries shall be wrapped, packaged or otherwise effectively protected from contamination at the place of manufacture and prominently labelled with the name and address of the manufacturer during storage in the food-service establishment. D. Storage: (1) Containers of food shall be stored above the floor, on clean racks, dollies, or other clean surfaces, in such a manner as to be protected from splash and other con- tamination. (2) Food not subject to further washing or cooking before serving shall be stored in such a manner as to be pro- tected against contamination from food requiring wash- ing or cooking. (3) Wet storage of packaged food shall be prohibited. - 8 - E. Display and Service: (l) Where unwrapped food is placed on display in all types of food-service operations, including smorgasbords~ buffets, and cafeterias, it shall be protected against contamination from custom- ers and other sources by effective, easily cleanable, counter-protector devices, cabinets, display cases, containers, or other similar type of protective equipment~ Self-service openings in counter-guards shall be so designed and arranged as to protect food from manual contact by customers. (2) Tongs, forks, spoons, picks, spatulas, scoops, and other suitable utensils shall be provided and shall be used by employees to reduce manual contact with food to a minimum. For self-service by customers, similar implements shall be provided. (3) Dispensing scoops, spoons and dippers used in serving frozen desserts, shall be stored between uses either in an approved running-water dipper well or in a manner approved by the health inspec- tor. (4) Sugar shall be provided only in closed dispensers or in individual packages. (5) Individual portions of food once served to a cus- tomer shall not be served again: Provided, that wrapped food, other than potentially hazardous food, which is still wholesome and has not been unwrapped, may be re-s~rved. F~ Transportation: (l) The requirements for storage, display and general protection against contamination, as contained in ~ - 9 - this subsection, shall apply in the transporting of all food from a food-sarvice ~stablishment to another location for service or catering operations and all potentially hazardous food shall be kept at 450F. Or below, or l40oF. or above, during trans- portation. (2) During the transportation of food from a food-service establishment, all food shall be in covered con- tainers or completely wrapped or packaged so as to be protected f~om contamination~ G. Poisonous and Toxic Materials: (l) Only those poisonous and toxic sanitizing materials required to maintain the establishment in a sanitary condition, and for sanitization of equipment and utensils, shall be present in any area used in con- nection with food-service establishments. (2) All containers of poisonous and toxic materials shall be promin~ntly and distinctively marked or labelled fo~ easy identification as to contents. (3) When not in use, poisonous and toxic materials shall be stored in cabinets which are used for no other purpose, or in a place which is outside the food- storag~, food-preparation and cleaned equipment and utensil storage rooms. Bactericides and cleaning compounds shall not be stored in the same cabinet or area of the room with insecticides, rodenticides or other poisonous materials. (4) Bactericides, cleaning compounds or other compounds intended for use on food-contact surfaces, shall not be used in such a manner as to leave a toxic residue on such surfac~s, nor to constitute a hazard to em- ployees or customers. 10 - (5) Poisonous polishing materials shall not be used on equipment or utensils nor stored in the establishment. (6) Poisonous compounds, such as insecticides and rodenticides, in powdered form, shall have a dis- tinctive color so as not to be mistaken for food. (7) Poisonous materials shall not be used in any way as to contaminate food, equipment or utensils nor to constitute other hazards to employees or cus- tomers. Section l2.404 Personnel. A. Health and Disease Control: No person whiJeaffected with any disease in a communicable form or while a carrier of such disease, or while afflicted with boils, infected wounds, sores or an acute respiratory infection, shall work in tiny area of a food-service establishment in any capacity in which there is a likelihood of such person contaminating food or food-contact surfaces with pathogenic organisms or transmitting disease to other individuals; and no person known or suspected of being affected with any such disease or condition shall be employed in such an area or capacity. If the manager or person in charge of the establishment has reason to suspect that any employee has contracted any disease in a communicable form or has become a carrier of such disease, he shall notify the health authority immediately. Proof of negative chest X-ray re- sults shall be required from all food-handling personnel on a yearly basis. B. Cleanliness: All employees shall wear clean outer garments, maintain a high degree of personal cleanliness, and conform to hygienic practices while on duty. They shall wash their - II - hands thoroUghly in an approved hand-washing facility before starting work and as often as may be necessary to remove soil and contamination. No ~mployee shall resume work after visiting the toilet room without first washing his hands. Section l2~405 Food Equipment and Utensils. A. Sanitary Design, Construction and Installation of Equip- ment and Utensils: All equipment and utensils shall be so d~signed and of such material and workmanship as to be smooth, easily cleanable and durable and shall be in good repair; the food-contact surfaces of such equipment and utensils shall, in addition, be easily accessible for cleaning, non-toxic, corrosion resistant and relatively non-absorbent: Provided, that, when approved by the health authority, exceptions may be made to the above materials requirements for equipment such as cutting boards, blocks and bakers' tables. All equipment shall be so installed and maintained as to facilitate the cleaning thereof and of all adjacent areas. Equipment in use at the time of adoption of this ordinance which does not meet fully the above requirements may be continued in use if it is in good repair, capable of being maintained in a sanitary condition and the food-contact surfaces are non-toxic. Single-service articles shall be made from non-toxic mater- ials. B. Cleanliness of Equipment and Utensils: All eating and drinking utensils shall be thoroughly cleaned and sanitized after each usage~ All kitchenware and food-contact surfaces of equipment, exclusive of cooking surfaces of equipment, used in the - 12 - preparation or serving of food or drink and all food- storage utensils shall be thoroughly cleaned after each use.. Cooking surfaces of equipment shall be cleaned at least once a day.. All utensils and food-contact sUr~ faces of equipm~nt used in the preparation, service, display or storage of potentially hazardous food shall be thoroughly cleaned and sanitized prior to such use., Non-food-contact surfaces of equipment shall be cleaned at such intervals as to keep them in a clean and sanitary condition. After cleaning and until use, all food-contact surfaces of equipment and utensils shall be so stored and handled as to be protected from contamination. All sing1e-servica articles shall be stored, handled, and dispensed in sanitary manner and shall be used only once. Food-service establishments which do not have adequate and effective facilities for cleaning and sanitizing utensils shall use single-service articles. C. Methods and Facilities for Washing and Sanitizing: (1) Prior to washing, all equipment and utensils shall be pre-flushed or prescraped and, when necessary, pre- soaked to remove gross food particles and soil. (2) Effective concentrations of a suitable detergent shall be used in both manual and mechanical dish- waShing. (3) When manual dishwashing is employed, equipment and utensils shall be thoroughly washed in a detergent solution which is kept reasonably clean, and then shall be rinsed free of such solution. All eating and drinking utensils and, where required, the food-contact surfaces of all other equipment and utensils shall be sanitized by one of the following - 13 - methods: (a) Immersion for at least one-half minute in clean, hot water at a temperature of at least l700F. (b) Immersion for a period of at least 1 minute in a sanitizinE solution containing: (i) At least 50 ppm of available chlorine at a temperature not less than 7soF.; Or (ii) At least 12.5 ppm of available iodine in a solution having a pH not higher than 5.0 and a temperature of not less than 7soF.; or (Hi) Any other chemical-sanitizing agent which has been demonstrated to the satis- faction of the health authority to be effective and non-toxic under use condi- tions, and for which a suitable field t~st is available. Such sanitizing agents in use solutions, shall provide the equiva- lent bactericidal effect of a solution con- taining at least 50 ppm of available chlorine at a temperature not less than 750F. (c) Equipment too large to treat by methods (i) and (ii) above may be treated: (.i) Hith live steam from a hose, in the case of equipment in which steam can be confined; (.H) ( Hi) or By rinsing with boiling water; or By spraying or swabbing.with a chemical sani- tizing solution of at least twice the minimum - 14 - strength required for the particular sani- tizing solution when used for immersion sanitization. (d) A three-compartment sink shall be provided and used wherever washing and sanitization of equip- ment or utensils are conducted manually: Provided, that establishments where the utensils to be washed are limited to spatulas, tongs and similar devices, and when the only equipment to be cleaned is sta- tionary and does not requir~ disassembly for proper cleaning, a one-compartment sink may be approved by the health inspector for this purpose. At least a two-compartment sink shall be provided and used for washing kitchenware and equipm~nt which does not require sanitization~ Single compartment utility sinks, such as cooks' and bakers' sinks, may be used for the rinsing of utensils. (e) Sinks used for manual washing and sanitizing opera- tions shall be of adequate length, width and depth to permit the complete immersion of the equipment and utensils, and each compartment of such sinks shall be supplied with hot and cold running water. Dish baskets shall be of such design as to permit complete immersion of the utensils and equipment components being sanitized therein. (f) When hot water is USed as the sanitizing agent in manual operations, thermometers, accurate to ~2oF., shall be provided convenient to the sink to permit frequent checks of the water temperature. (g) Dish tables and drainboards of adequate size for handling of soiled utensils prior to washing and - 15 - for cleaned utensils following rinsing or sanitization shall be provided and shall be so located or constructed as not to interfere with the proper use of the dishwashing faci- lities; provided, that drainboards shall not be required for cooks' and bakel's' rinse sinks. (h) Sinks, dish tables and drain boards shall be con- structed of corrosion-resistant materials other than wood, suitably reinforced, of such thick- ness and design as to resist denting and buckling and sloped so as to be self-draining~ (4) Dishwashing machines shall be of such materials and so designed and constructed as to be easily cleanable and shall be capable, when operated properly, of rendering all surfaces of equipment and utensils clean to sight and touch and sanitized. (a) When spray-type dishwashing machines are used, the following additional requirements shall be met: (l) Wash water shall be kept clean and rinse- water tanks shall be so protected by dis- tance, baffles Or other effective means as to minimize the entry of wash water into the rinse water~ (2) The flow pressure shall be not less than 15 or more than 25 pounds per square inch on the water line at the machine, and not less than 10 pounds per square inch at the rinse nozzles. A suitable gauge shall be provided immediately upstream from the final rinse sprays to permit checking the flow - l6 - pressure of the final rinse water. (3) The wash-water temperature shall be at least l40oF. and in single-tank conveyor machines shall be at least l60oF. When hot water is relied upon for sanitation, the final or fresh rinse water shall be at a t~nperature of at least 180oF. at the dntrance of the manifold. When a pumped rinse is provided the water shall be at a temperature of at least l70oF. When chemicals are relied upon for sanitization, they shall be of a class or type approved by the health authority, and shall be applied in such concentration and for such a period of time as to provide effective bactericidal treatment of the equipment and utensils. (4) Conveyors in dishwashing machines shall be accurately timed to assure proper exposure times in wash and rinse cycles~ (5) An easily readable thermometer shall be pro- vided in each tank of the dishwashing machine \-Thich will indicate to an accuracy of !.20F. the temperature of the water or solution therein. In addition, a thermometer of equal accuracy shall be provided which will indicate the temper- ature of the final rinse water as it enters the manifold. (6) Jets, nozzles and all other parts of each mach- ine shall be maintained free of Chemical deposits, debris and other soil. Automatic detergent dis- pensers, if used, shall be kept in proper operat- ing condition. - 17 - (b) When an immersion-type dishwashing machine is employed for equipment and utensil washing and sanitizing, the applicable requirements pertain- ing to manual dishwashing shall be met: provided, that a two-compartment system shall be deemed adequate when the t~mperature of the wash water is maintained at Or above l40oF~ and hot water at a temperature of at least l70oF. is used as a sanitizing agent~ (c) Any other type of machine, device or facilities and procedures may be approved by the health authority for cleaning or sanitizing equipment and utensils, if it can be readily established that such machine, device or facilities and pro- cedures will routinely render equipment and utensils clean to sight and touch, and provide effective bactericidal treatment as demonstrated by an average plate count per utensil surface examined, of not more than 100 colonies. D~ Storage and Handling of Cleaned Equipment and Utensils: (1) Food-contact surfaces of cleaned and sanitized equip- ment and utensils shall be handled in such a manner so as to be protected from contamination. Cleaned spoons, knives and forks shall be picked up and touched only by their handles. Clean cups, glasses and bowls shall be handled so that fingers and thumbs do not con- tact inside surfaces or lip-contact surfaces. (2) Cleaned and sanitized portable equipment and utensils shall be stored above the floor in a clean, dry location and suitable space and facilities shall be provided for such storage so that food contact surfaces are protected - 18 - from splash, dust and other contamination. Utensils shall be air-dried before being stored or shall be stored in a self-draining position on suitably located hooks or racks constructed of corrosion-resistant material. Wherever practicable, stored containers and utensils shall be covered or inverted. Facilities for the storage of flatware (silverwa~e) shall be provided and shall be dGsigned and maihtained to p~e- sent the handle to the employee or customer. (a) Single service articles shall be stored in closed cartons or containers which protect them from contamination. (b) Such articles shall be handled and dispensed in such a manner as to prevent contamination of sur- faces which may come into contact with food or with thG mouth of the user. (c) Single service articles shall be used only once.. (d) All food service establishments which do not have adequate and effective facilities for cleaning and sanitizing utensils shall use single service articles. Section l2.406 Sanitary Facilities and Controls. A. Water Supply: The water supply shall be adequate, of a safe, sanitary quality and from an approved source. Hot and cold running water under pressure shall be provided in all areas where food is prepared or equipment, utensils or containers are washed. Water, if not piped into the establishment, shall be trans- ported and stored in approved containers and shall be handled and dispensed in a sanitary manner~ Ice used for any purpose shall be made from water which comes - 19 - from an approved source, and shall be used only if it has been manufactured, stored, transported and handled in a sanitary manner. B~ Sewage Disposal: All sewage shall be disposed of in a pub- lic sewerage system or, in the absence thereof, in a manner approved by the health authority~ C. Plumbing: Plumbing shall be so sized, installed and main- tained as to carry adequate quantities of water to required locations throughout the establishment; as to prevent con- tamination of the water supply; as to properly convey sewage and liquid wastes from the establishment to the sewerage or sewage-disposal system; and so that it does not constitute a source of contamination of food, equipment or utensils, or create an unsanitary condition or nuisance. The plumbing m~st comply with the Plumbing Code of the Vil- lage of Mount Prospect. D. Toilet Facilities: Each permanent food-service establish- ment shall be provided with adequate, conveniently located toilet facilities for its employees. Toilet fixtures shall be of sanitary design and readily cleanable~ Toilet faci- lities, including rooms and fixtures, shall be kept in a clean condition and in good repair. The doors of all toilet rooms shall be self-closing. Toilet tissue shall be pro- vided. Easily cleanable receptacles shall be provided for waste materials, and such receptacles in toilet rooms for women shall be covered. When toilet facilities are provided for patrons such facilities shall mGet the requirements of this subsection. E. Hand-washing Facilities: Each permanent food-service estab- lishment shall be provided with adequate, conveniently lo- cated hand-washing facilities for its employees, including - 20 - a lavatory or lavatories equipped with hot and cold or tempered running Hater, hand-cleaning soap or detergent. and approved sanitary towels or other approved hand-drying devices. Such facilities shall be kept clean and in good repair. F~ Garbage and Rubbish Disposal: All garbage and rubbish containing food wastes shall, prior to disposal. be kept in leakproof, non-absorbent containers which shall be kept covered with tight-fitting lids when filled or stored or not in continuous use: provided. that such containers need not be covered when stored in a special vermin-proofed room or enclosure, or in a food-waste refrigerator. All other rubbish shall be stored in containers, rooms or areas in an approved manner. The rooms, enclosures, areas and containers used shall be adequate for the storage of all food and rubbish accumulating on the premises. Adequate cleaning facilities shall be provided and each container, room or area shall be thoroughly cleaned after the emptying or removal of garbage and rubbish.. Food waste grinders, if used, shall be installed in compliance with State and local standards and shall be of suitable construction. All garbage and rubbish shall be disposed of with sufficient frequency and in such a manner as to prevent a nuisance. G. Vermin Control: Effective measures shall be taken to protect against the entrance into the establishment and the breeding or presence on the premises of vermin. Section l2.407 Other Facilities and Operations. A. Floors, Walls, and Ceilings: The floor surfaces in kitchens, in all other rooms and areas in which food is stored or pre- pared and in which utensils are washed, and in walk-in refri- gerators, dressing or locker rooms and toilet rooms, shall be - 21 - of smooth, non-absorbent materials, and so constructed as to be easily cleanable: provided, that the floors of non- refrigerated, dry-food-storage areas need not be non- absorbent, All floors shall be kept clean and in good re- pair. Floor drains shall be provided in all rooms where floors are subjected to flooding-type cleaning or where normal opera- tions release or discharge water or other liquid waste on the floor. All exterior areas where food is served shall be kept clean and properly drained, and surfaces in such areas shall be finished so as to facilitate maintenance and minimize dust~ The walls and ceilings of all rooms shall be kept clean and in good repair. All walls of rooms or areas in which food is prepared, or utensils or hands are washed, shall be easily cleanable, smooth and light-colored, and shall have washable surfaces up to the highest level reached by splash or spray. B. Lighting: All areas in which food is prepared or stored or utensils are Hashed, hand-,..ashing areas, dressing or locker rooms, toilet rooms and garbage and rubbish storage areas shall be well lighted. During all clean-up activities, ade- quate light shall be provided in the area being cleaned, and upon or around equipment being cleaned. C.. Ventilation: All rooms in ,,,hich food is prepared or served or utensils are washed, dressing or locker rooms, toilet rooms and garbage and rubbish storage areas shall be well ventilated. Ventilation hoods and devices shall be designed to prevent grease or condensate from dripping into food or onto food preparation surfaces. Filters, where used, shall be readily removable for cleaning or replacement. Ventila- tion systems shall comply with applicable State and local fire-prevention requirements and shall, when vented to the outside air, discharge in such manner as not to create a nuisance. - 22 - D. Dressing Rooms and Lockers: Adequate facilities shall be provided for th~ orderly storage of employees' clothing and personal belongings~ Hhere employees routinely change clothes within the establishment, one or more dressing rOoms Or designated areas shall be provided for this pur- pose. Such designated areas shall be located outside of the food preparation, storage and serving areas and the utensil-washing and storage areas: provided, that, when approved by the health authority, such an area may be lo- cated in a storage room where only completely packaged food is stored. Designated areas shall be equipped with ade- quate lockers and lockers or other suitable facilities shall be provided in dressing rooms. Dressing rooms and lockers shall be kept clean~ E. Housekeeping: All parts of the establishment and its prem- ises shall be kept neat, clean and free of litter and rub- bish. Cleaning operations shall be conducted in such a manner as to minimize contamination of food and food-contact surfaces. None of the operations connected with a food- service establishment shall be conducted in any room used as living or sleeping quarters. Soiled lines, coats and aprons shall be kept in suitable containers until removed for laun- dering~ No live birds or animals shall be allowed in any area used for the conduct of food-service establishment oper- ation: provided, that guide dogs accompanying blind persons may be permitted in dining areas. F. Exterior Food-Service Areas: The walking and driving surfaces of all exterior areas where food is served, such as drive-in restaurants, sidewalk cafes, patio service, chuck-wagon ser- vice and barbecues shall be kept clean, and free of debris, and shall be properly drained so that water will not accumu- - 23 - late. Such areas shall be surfaced with concrete or asphalt and kept in good repair. Section l2.~ 408 Temporary Food Service Establishments. A tem- porary food-service establishment shall comply with all provisions of this ordinance which are applicable to its operation: provided, that the health authority may augment such requirements when needed to assure the service of safe food, may prohibit the sale of certain potentially hazardous food and may modify specific requirements for physical facilities when in his opinion no imminent health hazard will result. Section 12.409 Enforcement Provisions. A. License: It shall be unlawful for any person to operate a food-service establishment within the municipality of Mount Prospect, who does not possess a valid license to operate such an establishment. Only a person who complies with the requirements of this ordinance shall be entitled to receive and retain such a license. A license shall not be transferable from one person to another person or place. A valid license shall be posted in every food- service establishment. Licenses for temporary food-service establishments shall be issued for a period of time not to exceed fourteen (l4) days. (1) Issuance: Issuance of licenses shall be in com- pliance with Chapter 10: "Licenses and Permits" of the Village Code. (2) Violation: When the health inspector finds a violation of any requirements of this code relat- ing to health and sanitation, he shall report the same to the Village Manager, if the licensee does not comply with his recommendation to correct the violation. If the licensee does not comply with the recommendations of the Village Manager, the - 24 - Village Manag~r shall report this to the Board of Health~ (3) Filing Exceptions or asking for Extension of Timet After receipt from the Village Manager of a notice of violation by the food-service establishment, as evidenced by said inspection report, the food- service establishment may file exceptions to the inspection report, or ask for an extension of time allowed for compliance with the Board of Health. After preparing a final report, the Board of Health shall submit said report to the President and Board of Trustees at their next meeting so that they may act thereon. The power to suspend a license is re- served only to the President and Board of Trustees, unless there is a public menace as defined in Sec- tion l2.409 A (4) of this Article. (4) Immediate Suspension: A license shall be suspended by the Village Manager upon the violations by the holder of any of the provisions of this code where the continued operation of such food-service estab- lishment shall be ~ serious menace to health due to infectious or toxic agents, as determined by the Health Officer. Within twenty-four (24) hours of said suspension, the Board of Health shall conduct a hearing on said suspension. The Board of Health shall within twenty-four (24) hours of said hearing prepare a final report thereon and submit the same to the President and Board of Trustees for their action. (5) Removal of License: Upon suspension of the license it shall be removed from the premises of the food - 25 - establishment and delivered to the Health Inspector. (6) Restoration of License: The holder may, at any time, make application to the health authority for a restor- ation of the license. Hithin twenty-four (24) hours after receipt by the Health Inspector of such applica- tion. accompanied by a statement signed by the licensee to the effect that the provision or provisions previous- ly violated have been complied with. are-inspection shall be made. Within twenty-four hours (24) of said inspection the Health Inspector shall submit his report to the Village Manager who shall within the next twenty-four (24) hours submit a report to the Board of Health. The Board ,~f Health shall within twenty-four (24) hours of rec~ipt of said report conduct a hearing. Within twenty-four (24) hours of said aearing the Board of Health shall prepare a final report to be submitted to the President and Board of Trust~es for their ac- tion. Only the President and Board of Trustees shall have the power to restore a license once suspended. (7) Hearing: A licensee, whose license has been suspended, shall be entitled to a hearing before the Board of Health. The licensee shall be given notice of the hear- ing and shall be allowed to introduce evidence at this hearing~ B~ Inspection of Food-Service Establishments: At least every three (3) months the health authority shall inspect each food-service establishment located in the municipality of Mount Prospect and shall make as many additional inspec- tions and reinspect ions as are necessary for the enforce- ment of this ordinance. (1) Access to Establishments: The health authority, and any members of the Board of Health, when accompanied by the health authority, after proper identification, - 26 - shall be permitted to enter, at any reasonable time, any food service establishment within the municipality of Mount Prospect for the purpose of making inspections to determine compliance with this ordinance. He shall be permitted to examine the records of the establish- ment to obtain pertinent information pertaining to food and supplies purchased, received or used, and persons employed. (2) Inspection Records: Whenever the health authority makes an inspection of a food-service establishment, he shall record his findings on an inspection report form provided for this purpose, and shall furnish the copy of such inspection report form to the holder of the license. (3) Issuance of Notices: Whenever the health authority makes an inspection of a food-service establishment and discovers that any of the requirements of this ordinance have been violated, he shall notify the per- mit holder or operator of such violations by means of an inspection report form or other written notice. In such notification, the health authority shall: (a) Set forth the specific violations found. (b) Establish a specific and reasonable period of time for the correction of the violations found. (c) State that failure to comply with any notice issued in accordance with the provisions of this ordinance may result in immediate suspension of the permit. (d) State that an opportunity for appeal from any notice or inspection findings will be provided if a written request fora hearing is filed with - 27 - the Village Board of Health within the period of time ~stablished in the notice for correction. C~ Examination and Condemnation of Food: Food may be examined or sampled by the health authority as often as may be necessary to determine freedom from adulteration. The health authority may, upoh written notice to the owner Or person in charge, place a hold order on any food which he determines or has probable cause to believe to be unwholesome. Under a hold order, food shall be permitted to be suitably stored. It shall be unlawful for any person to remove or alter a hold order, notice or tag placed on food by the health authority, and neither such food nor the containers thereof shall be relabeled, repacked, repro- cessed, altered, disposed of, or destroyed without permission of the health authority, except on order by a court of compe- tent jurisdiction. After the owner or person in charge has had a hearing and on the basis of evidence produced at such hearing, or on the basis of his examination in the event a written request for a hearing is not received within three (3) days the health authority may vacate the hold order, or may by written order direct the owner or person in charge of the food which was placed under the hold order to denature or destroy such food or to bring it into compliance with the provisions of this ordinance shall be stayed if the order is appealed to a court of competent jurisdiction within three (3) days. D~ Procedure When Infection is Suspected: When the health authority has reasonable cause to suspect possibility of dis- ease transmission from any food-service establishment employee, the health authority shall notify the county Board of Health and State Health Department immediately. E~ Penalties: Any person who shall violate any of the provisions - 28 - of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $200~OO~ In addition thereto, such persons may be en- joined from continuing such violations~ Each day upon which such a violation OCCurs shall constitute a separate viola- tion. F. Repeal and Date of Effect: This ordinance shall be in full force and effect from and after its adoption and publication and, at that time, all ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. G~ Unconstitutionality Clause: Should any section, paragraph, sentence, clause or phrasa of this ordinance be declared unconstitutional or invalid for any reason, the remainder of said ordinance shall remain in full force and effect. Section 3 That the Village Manager is hereby authorized and directed to publish this ordinance in printed pamphlet form in accordance with the Statutes made and provided~ Section 4 This ordinance shall be in full force and effect from and after its passage, approval and publication in accordance with the Law~ PASSED and APPROVED this Cj .dv day of February, 1965. ~~'.'il ~ ~4-.~ Village President ~--. ATTEST: ~~c:; UJ~ Village Clerk - 29 -