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O-92-05 11/28/2005VILLAGE OF LE ONT ORDINANCE NO. ? -o ff RETAIL FOOD ESTABLISHMENT ORDINANCE ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 28TH DAY OF NOVEMBER, 2005 PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, DUPAGE, AND WILL COUNTIES, ILLINOIS THIS 2871 DAY OF NOVEMBER, 2005. v? ORDINANCE NO. b -101 RETAIL FOOD ESTABLISHMENT ORDINANCE WHEREAS, an ordinance defining food, potentially hazardous food, retail food establishment (the term retail food establishment as used in this Ordinance shall mean either a food service establishment or a retail food store); also defining mobile food unit, temporary food service establishment, regulatory authority, utensils, equipment, etc.; providing for the sale of only sound, properly labeled food; regulating the source of food; and, WHEREAS, establishing sanitation standards for food, food protection, food personnel, food operations, food equipment and utensils, sanitary facilities and controls, and other facilities; requiring pennits, licenses, or certificates for the operation of the food service establishments and retail food stores; regulating the inspection of such establishments; and, WHEREAS, providing for compliance procedures; providing for the incorporation by reference (Illinois Compiled Statutes, 65 ILCS 5/1-3-1 et seq.) of the 1998 and all subsequent editions of or amendments to, the Illinois Department of Public Health's publication currently titled, "Food Service Sanitation Code", that are on file with the Secretary of State; providing for the incorporation by reference of the 1992 and all subsequent editions of, or amendments to, the Illinois Department of Public Health's publication currently titled, "Retail Food Store Sanitation Code", that are on file with the Secretary of State; and providing for the enforcement of this Ordinance including the filing of action for injunctive relief, and the fixing of penalties for violation.; and, NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont, Counties of Cook, DuPage, and Will, State of Illinois, as follows: Section 1: Article III Retail Food Establishment Ordinance, Section 5.36.120 is added to the Lemont Municipal Code to read as follows: The issuance, suspension, and revocation of permits, licenses, or certificates to operate retail food establishments; the prohibiting of the sale of unsound or mislabeled food or drink; and the enforcement of this Ordinance shall be regulated in accordance with Section Five of this Ordinance concerning the compliance procedures. The inspection of food service establishments shall be regulated in accordance with the 1998 and all subsequent editions of, or amendments to, the Illinois Department of Public Health's publication currently titled, "Food Service Sanitation Code"' that are on file with the 2 Secretary of State. The inspection of retail food stores shall be regulated in accordance with the 1992 and all subsequent editions of , or amendments to, the Illinois Department of Public Health's publication currently titled, "Retail Food Sanitation Code", that are on file with the Secretary of State. Section 2: Three copies of each of the Illinois Department of Public Health's publications currently titled, "Food Service Sanitation Code," and "Retail Food Store Sanitation Code," shall be on file at the Village/City Clerk's office. Section 3: This ordinance shall be in full force and effect immediately after its adoption and publication as provided by law; and at that time, all Ordinances and parts of Ordinances in conflict with this Ordinance are hereby repealed. Section 4: 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 affected thereby. Section 5: COMPLIANCE PROCEDURES - GENERAL No person shall operate a food establishment who does not have a valid permit, license, or certificate issued to them by the Village of Lemont. Only a person who complies with the requirements of this Ordinance shall be entitled to receive or retain such a permit license, or certificate. Permits, licenses or certificates are not transferable. A valid permit, license or certificate shall be posted in every food establishment. Section 6: ISSUANCE OF PERMIT, LICENSE, OR CERTIFICATE (a) Any person desiring to operate a food establishment shall make written application for a permit, license, or certificate on forms provided by the Village of Lemont. Such application shall include the name address of each applicant, the location and type of the proposed food establishment, and the signature of each applicant. (b) Prior to approval of an application for a permit, license, or certificate, the Village of Lemont and the Cook County Department of Public Health shall inspect the proposed food establishment to determine compliance with the requirements of this Ordinance. (c) The Village of Lemont shall issue a permit, license, or certificate to the applicant if its inspection reveals that the proposed food establishment complies with the requirements of this Ordinance. 3 Section 7: SUSPENSION OF PERMIT, LICENSE OR CERTIFICATE (a) The Village of Lemont may, without warning, notice, or hearing suspend any permit, license, or certificate to operate a food establishment if the holder of the permit, license, or certificate does not comply with the requirements of this Ordinance, or if the operation of the food establishment otherwise constitutes a substantial hazard to public health. Suspension is effective upon service of the notice required by Section 7(b) of this Ordinance. When a permit, license, or certificate is suspended, food operations shall immediately cease. Whenever a permit, license, or certificate is suspended, the holder of the permit, license, or certificate shall be afforded the opportunity for hearing within twenty (20) days of receipt of a request for hearing. (b) Whenever a permit, license, or certificate is suspended, the holder of the permit, license, or certificate or the person in charge shall be notified in writing that the permit, license, or certificate is, upon service of the notice, immediately suspended and that an opportunity for hearing will be provided if a written request for hearing is filed with the Village of Lemont by the holder of the permit, license, or certificate within ten (10) days. If no written request for hearing is filed within ten (10) days, the suspension is sustained. The Village of Lemont may end the suspension at any time if reasons for suspension no longer exist. Section 8: REVOCATION OF PERMIT, LICENSE, OR CERTIFICATE (a) The Village of Lemont may, after providing opportunity for hearing, revoke the permit, license, or certificate for serious or repeated violations of any of the requirements of this Ordinance or for the interference with the Village of Lemont or the Cook County Department of Public Health in the performance of duty. (b) Prior to revocation, the Village of Lemont shall notify, in writing, the holder of the permit, license, or certificate, or the person in charge, of the specific reason(s) for which the permit, license, or certificate is to be revoked and that the permit, license, or certificate is to be revoked and that the permit, license, or certificate shall be revoked at the end of the ten (10) days following service of such notice unless a written request for hearing is filed with the Village of Lemont by the holder of the permit, license, or certificate within such ten (10) day period. If no request for hearing is filed within the (10) day period, the revocation of the permit, license, or certificate becomes final. 4 Section 9: SERVICE OF NOTICES A notice provided for in this Ordinance is properly served when it is delivered to the holder of the permit, license, or certificate, or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit, license, or certificate. A copy of the notice shall be filed in the records of the Village of Lemont. Section 10: HEARINGS The hearings provided for in this Ordinance shall be conducted by the Village of Lemont at a time and place designated by it. Any oral testimony given at a hearing shall be reported verbatim, and the presiding officer, the Village Administrator or their designee, shall make provision for sufficient copies of the transcript. The Village of Lemont shall make a final finding based upon the complete hearing record and shall sustain, modify, or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit, license, or certificate by the Village of Lemont. Section 11: APPLICATION AFTER REVOCATION Whenever a revocation of a permit, license, or certificate has become final, the holder of the revoked permit, license, or certificate may make written application for a new permit, license, or certificate. Section 12: INSPECTION FREQUENCY An inspection of a food establishment shall be performed twice annually. Additional inspections of the food establishment shall be performed as often as necessary for the enforcement of this Ordinance. Section 13: ACCESS Duly authorized representatives of the Village of Lemont or the Cook County Department of Public Health, after proper identification, shall be permitted to enter any food establishment at any reasonable time for the purpose of making inspections to determine compliance with this Ordinance. The representatives shall be permitted to examine the records of the establishment to obtain information pertaining to food and supplies purchased, received, or used. 5 Section 14: REPORT OF INSPECTIONS Whenever an inspection of a food establishment is made, the findings shall be recorded on the inspection report form set out in Section Sixteen of this Ordinance. The inspection form shall summarize the requirements of this Ordinance and shall set forth a weighted point value for each requirement. Inspectional remarks should be written to reference, by item number, the item violated and should state the correction to be made. The rating score of the establishment shall be the total of the weighted point values for all violations, subtracted from one hundred (100). A copy of the completed inspection report form shall be furnished to the person in charge of the establishment at the conclusion of the inspection. The completed inspection report form is a public document that shall be made available for public disclosure to any person who requests it according to law. Section 15: CORRECTION OF VIOLATIONS (a) The completed inspection report form shall specify a reasonable period of time for the correction of the violations found; and correction of the violations shall be accomplished within the period specified, in accordance with the following provisions: (1) If an imminent health hazard exists, such as complete lack of refrigeration or sewage backup into the establishment, the establishment shall immediately cease food operations. Operations shall not be resumed until authorized by the Cook County Department of Public Health. (2) All Violations of four (4) or five (5) point weighted items shall be corrected as soon as possible, but in any event, within ten (10) days following inspection. A follow- up inspection to confirm correction may be conducted at the discretion of the Cook County Department of Public Health. (3) All one (1) or two (2) point weighted items shall be corrected as soon as possible, but in any event, by the time of the next routine inspection. (4) When the rating score of the establishment is less than sixty (60), the establishment shall initiate corrective action on all identified violations within forty-eight (48) hours. One or more reinspections may be conducted at reasonable time intervals to assure correction. (5) In the case of temporary food establishments, all violations shall be corrected within twenty-four (24) hours. If violations are not corrected within twenty-four (24) hours, the establishment shall immediately cease food operations until authorized to resume by the Cook County Department of Public Health. (b) The inspection report shall state that failure to comply with any time limits for corrections may result in cessation of food operations. An opportunity for hearing on the 6 Page 1 of 1 Rose Yates From: Kelleher, Robert P. (LNG-CHO) [Robert. Kelleher@lexisnexis.com] Sent: Thursday, September 14, 2006 8:10 AM To: Rose Yates Subject: Question Concerning Ordinance 0-92-05 Good morning. I was reviewing some material last night when I realized that we had not received a copy of the "inspection report form" that was mentioned in Section 16 of Ordinance 0-92-05 as an attachment. I would appreciate it if you could send a copy to me so that we can complete codifying this ordinance. Sincerely, Bob 9/14/2006 inspection findings or the time limitations or both will be provided if a written request is filed with the Village of Lemont within ten (10) days following cessation of operations. If a request for hearing is received, a hearing shall be held within twenty (20) days of receipt of the request. (c) Whenever a food establishment is required under provisions of Section Fifteen of this Ordinance to cease operations, it shall not resume operations until it is shown on reinspection that conditions responsible for the order to cease operations no longer exist. Opportunity for reinspection shall be offered within a reasonable time. Section 16: INSPECTION REPORT FORM (SEE ATTACHMENT) Section 17: EXAMINATION AND CONDEMNATION OF FOOD Food may be examined or sampled by the Cook County Department of Public Health as often as necessary for enforcement of this Ordinance. The Cook County Department of public Health may, upon written notice to the owner or person on charge, specifying with particularity the reasons therefore, place a hold order on any food which it believes is in violation of Sections 750.100, 750.110, 760.100, or 760.110 of the Illinois Department of Public Health's "Food Service Sanitation Code"' or the "Retail Food Store Sanitation Code", respectively, or any other section of this Ordinance. The Cook County Department of Public Health shall tag, label, or otherwise identify any food subject to the hold order. No food subject to a hold order shall be used, served, or moved from the establishment. The Cook County Department of Public Health shall permit storage of the food under conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished. The hold order shall state that a request for hearing may be filed within ten (10) days and that if no hearing is requested the food shall be destroyed. If a request for hearing is received, the hearing shall be held within twenty (20) days after receipt of the request. On the basis of evidence produced at that hearing, the hold order may be vacated, or the owner or person in charge of the food may be directed by written order to denature or destroy such food or to bring it into compliance with the provisions of the Ordinance. Section 18: SUBMISSION OF PLANS Whenever a food establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a food establishment, properly prepared plans and specifications for such construction, remodeling, or conversion shall be submitted to the Village of Lemont and the Cook County Department of Public Health for review and approval before construction, remodeling, or conversion is begun. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, and construction materials of work areas, and the type and model of proposed fixed equipment and facilities. The Village of Lemont and the Cook County Department of 7 Public Health shall approve the plans and specifications if they meet the requirements of this Ordinance. No food establishment shall be constructed, extensively remodeled, or converted except in accordance with plans and specifications approved by the Village of Lemont and the Cook County Department of Public Health. Section 19: PRE-OPERATIONAL INSPECTION Whenever plans and specifications are required by Section Eighteen of this Ordinance to be submitted to the Village of Lemont and the Cook County Department of Public Health, the Village of Lemont and the Cook County Department of Public Health shall inspect the food establishment prior to the start of operations, to determine compliance with the approved plans and specifications and with the requirements of this Ordinance. Section 20: PROCEDURE WHEN INFECTION IS SUSPECTED When the Cook County Department of Public Health has reasonable cause to suspect possible disease transmission by an employee of a food establishment, it may secure a morbidity history of the suspected employee or make any other investigation as indicated and shall take appropriate action. The Cook County Department of Public Health may require any or all of the following measures: (a) The immediate exclusion of the employee from employment in food establishments; (b) The immediate closing of the food establishment concerned until, in the opinion of the Cook County Department of Public Health, no further danger of disease outbreak exists; (c) Restriction of the employee's services to some area of the establishment where there would be no danger of transmitting disease; (d) Adequate medical and laboratory examination of the employee and of other employees and of his and their body discharges. Section 21: REINSPECTION COSTS In the event a reinspection is deemed necessary by the inspector, the cost of any and all subsequent reinspections shall be borne by the holder of the permit, license, or certificate. Section 22: CONDITIONAL PERMIT, LICENSE, OR CERTIFICATE When structural, plumbing, electrical, ventilation, or similar such defects exist in an established food facility that may require significant expenditures to correct, but are not 8 considered to be imminent health hazards, a conditional permit, license, or certificate may be granted at the discretion of the Village of Lemont. Under no circumstances will a conditional permit, license, or certificate be issued for more than two (2) consecutive twelve (12) month periods. The purpose of the conditional license or permit is to allow a reasonable period of time for correction of existing defects. Section 23: PENALTIES Any person violating the provisions of this Ordinance shall be fined not more than Five Hundred Dollars ($500) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation continues. Section 24: INJUNCTIONS The Village of Lemont shall have the right to enjoin any person or establishment in the event violations occur on a continuing basis. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS, on this 28`h day of November, 2005. AYES NAYS PASSED L/ Debbie Blatzer Peter Coules V Clifford Miklos Brian Reaves ? Ron Stapleton V Jeanette Virgilio ? Approved by me this 28'h day of November, 2005 9 Page 2 of 3 Section 750.APPENDIX A Retail Food Sanitary Inspection Report Establishment Food Service Establishment Illinois Department of Public Health Number Retail Food Store Division of Food, Drugs and Dairies Telephone Temporary 525 West Jefferson Street, Springfield, IL 62761 Mobile Phone: (217)765-2439 Original Inspection RETAIL FOOD SANITARY INSPECTION REPORT Follow-up Inspection Other Name of Establishment Address City Owner/Agent Zip Code Based on an Inspection this day, the items marked below identify violations of the Illinois Food, Drug and Cosmetic Act and/or the Sanitary Inspection Law and Rules Promulgated under these acts. Failure to correct these violations within the time specified may result in prosecution under the Enforcement Provisions of these alts. • = Critical items fre e ulrm Immemate correction. Item z WT DESCRIPTION Item x DESCRIPTION Ile x WT DESCRIPTION 18 1 Pre-flushed scraped, soaked 34 1 Outside storage area, enclosures property FOOD constructed clean; controlled Incineration • 1 5 Source, Wholesome, No 19 2 Wash, rinse water, clean proper INSECT, RODENT ANIMAL CONTROL Spoilage temperature 2 1 Original Container, Property • 20 4 Sanitlzation rinse: clean, • 3 4 Presence of insecUrodents - outer Labeled temperature, concentration openings protected, no birds, turtles, other animals FOOD PROTECTION 21 1 Wiping Goths, clean, use FLOORS, WALLS AND CEILINGS restricted • 3 5 Potentially hazardous food 22 2 Food-contact surtaces of 36 1 Floors. constructed, drained, clean, meets temperature equipment and utensils clean, free good repair, covering installation, requirements during storage, of abrasions and detergents dustless cleaning methods preparation, display service and transportation • 4 4 Facilities to maintain product 23 1 Non-food contact surfaces of 37 1 Walls, calling, attached equipment: temperature equipment and utensils dean constructed good repair, clean surfaces, dustless cleaning methods 5 1 Thermometers provided and 24 1 Storage, handling of clean 38 1 LIGHTING cons icuous equipment, utensils 6 2 Potentially hazardous food 25 1 Single-serving articles, storage, Lighting provided as required -fixtures properly thawed dis ensin shielded • 7 4 Unwrapped and potentially 26 2 No re-use of single-service articles 39 1 hazardous food not re- VENTILATION served- CROSS CONTAMINATION 8 2 Food protection during Rooms and equipment- vented as storage, preparation, display, WATER required service and transportation 9 2 Handling of food (ice) -27 5 Water source, safe, hot and cold 40 1 DRESSING ROOMS minimized methods under pressure 10 1 Food (ics) dispensing utensils SEWAGE Rooms clean, lockers provided, facilities ro erl stored clean PERSONNEL •28 4 Sewage and wastewater disposal •41 5 OTHER OPERATIONS • 11 5 Personnel with infections PLUMBING 42 1 Toxic items property stored, labeled and restricted used • 12 5 Hands washed and cleaned, 29 1 Installed, maintained 43 1 Premises; maintained, free of liner, good hygienic practices unnecessary articles, deaninghnaintenance equipment property authorized personnel 13 1 Clean clothes, hair restraints • 30 5 Cross-connection, back 44 1 Complete separation from ephonage, back flow livin slee in quarters, laundry FOOD EQUIPMENT AND TOILET AND HAND-WASHING • 4 Clean, soiled linen propedy stored UTENSILS FACILITIES 14 2 Food (ice) contact surfaces: 31 4 Number, convenience, accessible, Management personnel certified designed, constructed, designed, installed maintained installed, located Yes No 15 1 Non-Food contact surfaces: 32 2 Toilet rooms enclosed, self-dosing designed, constructed, doors, fixtures, good repair, clean: maintained, Installed, located hand cleanser, sanitary towels/hand drying devise provided, proper water receptacles, tissue 16 2 Dishwashing facilities: designed, constructed, GARBAGE AND REFUSE maintained, installed, located, DISPOSAL operated 17 1 Accurate thermometers, 33 2 Container; or receptacles chemical test kits provided, covered; adequate number gauge cock insecUrodent proof, frequency clean Temp1PPM Temperature: Chemical Manager Cedification No: Cold Foods ITEM I Remarks and Recommendations for Corrections Hot Foods Corrected http://www.ilga.gov/commission/] car/admincode/077/07700750ZZ9996aR.htm1 9/14/2006 Page 3 of 3 Received by/Title: Sanitation Score Time In IL 482-0200 Signature of Owner or Representative) (100 Minus Date Demerits) Time Out By (Sanitarian) Page of _ (Source: Added at 13 III. Reg. 18888, effective December 1, 1989) http://www.ilga.gov/commission/j car/admincode/077/07700750ZZ9996aR.htnil 9/14/2006