Any person who shall violate any of the provisions of this Code shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed One Thousand Five Hundred Dollars ($1,500.00) or imprisonment of not to exceed six (6) months, as may be deemed necessary. In addition thereto, such person may be enjoined from continuing such violations. Each day upon which violation occurs shall constitute a separate violation.
When the Health Authority has reasonable cause to suspect possibility of disease transmission from any food service establishment or retail food store employee, the Health Authority shall secure a morbidity history of the suspected employee, or make such other investigation as may be indicated, and take appropriate action. The Health Authority may require any or all of the following measures: (a) the immediate exclusion of the employee from all food service establishments and retail stores; (b) the immediate closure of the establishment concerned until, in the opinion of the Health Authority, 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 diseases and (d) adequate medical and laboratory examination of the employee, of other employees, and of their body discharges if necessary.
When a food service establishment or retail food store is hereafter constructed or extensively remodeled, or when an existing structure is converted for use as a food service establishment or retail food store, properly prepared plans and specifications of such construction, remodeling or alteration, showing, layout, arrangement, and construction materials of work areas, and the location, size, and type of fixed equipment and facilities shall be submitted to the Health Authority before such work is begun. Fees may be charged by the Board of Health to offset the cost of reviewing plans. Fees are to be set by the Board of Health.
Food from food service establishments outside of the jurisdiction of the Health Authority of the County may be sold within the County, if such food service establishments conform to the provisions of this Code or to substantially equivalent provisions. To determine the extent of compliance with such provisions, the Health Authority may accept reports from responsible authorities in other jurisdictions where such food service establishments are located.
Food may be examined or sampled by the Health Authority as often as may be necessary to determine freedom from adulteration or misbranding. The Health Authority may upon 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, or otherwise, adulterated, or misbranded. 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 labeled, repacked, reprocessed, altered, disposed of, or destroyed, without permission of the Health Authority, except on order by a court of competent jurisdiction. After the owner or person in charge has had a hearing as provided for in Section 18–1‑13, 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 ten (10) days, the Health Authority may vacate the hold order, or may be 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 bring it into compliance with provisions of this Code; provided that such order of the Health Authority to denature or destroy such food or bring it into compliance with the provisions of this Code shall be stayed if the order is appealed to a court of competent jurisdiction within three (3) days.
Inspections of Food Service and Retail Food Establishments will be performed at intervals required under their classification as either “Category I”, “Category II”, and “Category III” as determined by the Health Authority. Additional follow up inspections (rechecks) and complaint investigations will be performed as often as necessary for the proper administration of the Illinois Food Laws.
(A) Access to Establishment. The Health Authority, after proper identification shall be permitted to enter, at any reasonable time, any food service establishment or retail food store within the County for the purpose of making inspections to determine compliance with this Code. They shall be permitted to examine the records of the establishment to obtain pertinent information pertaining to food and supplies purchased, received, or used and persons employed.
(B)Procedures for Reporting Inspection Findings. Whenever an inspection of a retail food establishment is made, the findings will be recorded on the appropriate food inspection form. This inspection report form will summarize the requirements of the Illinois Food Service Sanitation Code and will set forth a weighted point value for each requirement.
Inspection remarks shall be written to reference, by rule number, the section violated and will state the correction to be made. The rating score of the weighted point values of all violations subtracted from 100. A copy of the completed inspection report form will 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 and will be made available for public disclosure to any person who requests it.
A copy of the most recent Inspection Report of the establishment shall be displayed in a prominent location within the establishment, in such a manner as it may be easily observed by the consuming public. Failure to display the previous Inspection Report shall be a 5 point weighted item on the inspection.
(C)Correction of Violations. The completed inspection report form will specify a reasonable period of time for the correction of the violations found. The correction of the violations will be accomplished within the period specified in accordance with the following provisions:
If an imminent health hazard exists, such as complete lack of refrigeration or sewage backup in the establishment, the establishment shall be required to cease operations until the violation has been abated.
All violations of a 4 or 5 point weighted item shall be corrected as soon as possible. Follow-up (Recheck) inspections will be conducted to confirm correction.
All 1 and 2 point weighted items shall be corrected as soon as possible.
When the rating score of the establishment is less than 60, the establishment shall initiate corrective action on all identifiable violations within forty-eight (48) hours. One or more re-inspections (rechecks) will be conducted at reasonable time intervals to determine if correction action has been made.
(D) Service of Notices. Notices provided for under this Section shall be deemed to have been properly served when the original of the inspection report form or other notice has been delivered personally to the permit holder or person in charge, or such notice has been sent by registered or certified mail, return receipt requested, to the last known address or the permit holder. A copy of such notice shall be filed with the records of the Health Authority.
Permits not applied or paid for after sixty (60) days due will be charged one and one-half (1.5) times the original permit fee after the sixty (60) day time period, a late fee of two (2) times the original fee is to be charged for applications over ninety (90) days due.
The following fees shall be required for food service establishments, mobile food units, seasonal food service establishments, and retail food stores. The annual license fee for food service establishments shall be determined by “seating capacity” and “category rating”. Mobile food units and seasonal food service establishments will pay an annual fee. Retail food stores fees shall be based by “square footage”. The following fee schedule shall apply:
(A) Food Service and Seasonal Food Service Units.
Fees Effective January 1, 2010
Seating Capacity Category III Est. Category II Est. Category I Est.
Units serving non-potentially hazardous foods $35.00
Units serving potentially hazardous foods $60.00
(D) Seasonal Food Service.
Effective January 1, 2006
Non-profit organizations No Charge
Profit organizations $40.00
(E) Temporary Food Service. The Board of Health may charge a fee for temporary food service operations, the fee to be set by the Board of Health.
(F) Follow-Up Inspection (Recheck) Fees. Follow-up inspections (recheck) fees may be charged when a follow-up inspection (recheck) is required for critical violations that cannot be corrected at time of the original inspection. A progressive charge is to be made for failure to correct the violation and requiring additional inspections. The fees are as follows:
Charge for first follow-up inspection (recheck) $25.00
Charge for second follow-up inspection (recheck) $50.00
Charge for third follow-up inspection (recheck) $75.00
Follow-up inspection (recheck) fees are to be paid at time of inspection. If not a bill is to be sent and if not paid, added to annual permit fee. The annual permit is not to be issued until all fees are paid.
Any person aggrieved by the decision of the Health Authority rendered as the result of a hearing held in accordance with this Section may file in the office of the Health Department a written request for a hearing at a time and place designated by the Secretary of the Board of Health within thirty (30) days of the date of which the written request was filed. The petitioner for the hearing shall be notified of the time and place of the hearing not less than five (5) days prior to the date on which the hearing is to be held. If, as a result of facts elicited as a result of the hearing, the Board of Health finds that strict compliance with the decision of the Health Authority would cause undue hardship on the petitioner, and that the public health would be adequately protected and substantial justice done by granting a variance from the decision of the Administrator or Acting Administrator, the Board of Health may grant a variance and as
a condition for such variance, may, where it deems necessary, make requirements which are additional to those prescribed by this Code, all for the purpose of properly protecting the public health. The Board of Health shall render a decision within ten (10) days after the date of the hearing which shall be reduced to writing and placed on file in the office of the Health Department and a copy thereof shall be served on the petitioner personally or by delivery to the petitioner personally or by delivery to the petitioner by certified mail.
Any person affected by any order issued by the Health Department in connection with the enforcement of any Section of this Code, may file in the office of the Health Department a written request for a hearing before the Health Authority. The Health Authority shall hold a hearing at a time and place designated by him within thirty (30) days from the date on which the written request was filed. The petitioner for the hearing shall be notified of the time and place of the hearing not less than five (5) days prior to the date on which the hearing is to be held. If, as a result of the hearing, the Health Authority finds that strict compliance with the order or notice would cause undue hardship on the petitioner, and that the public health would be adequately protected and substantial justice done by varying or withdrawing the order or notice, the Health Authority may modify or withdraw the order or notice and as a condition for such action may, where they deem it necessary, make requirements which are additional to those prescribed in this Code for the purpose of properly protecting the public health. The Health Authority shall render a decision within ten (10) working days after the date of the hearing which shall be reduced to writing and placed on file in the office of the Health Department as a matter of public record. Any person aggrieved by the decision of the Health Authority may seek relief therefrom through a hearing before the Board of Health.
For serious or repeated violations of any of the requirements of this Code, or for interference with the Health Authority in the performance of their duties, the permit may be permanently revoked after an opportunity for a hearing has been provided by the Health Authority. Prior to such action, the Health Authority shall notify the permit holder in writing, stating the reasons for which the permit is subject to revocation and advising that the permit shall be permanently revoked at the end of ten (10) working days following service of such notice, unless a request for a hearing is filed with the Health Authority, by the permit holder, within the ten (10) day period. A permit may be suspended for a cause pending its revocation or a hearing related hereto.
Upon revocation of an establishment’s permit, the Health Authority shall notify the State’s Attorney of the county in which the establishment is located. It shall be the State’s Attorney’s office to enforce closure of the establishment.
Any person whose permit has been suspended may, at any time, make application for reinspection for the purpose of reinstatement of the permit. Within ten (10) working days following receipt of the written request, including a statement signed by the applicant that in his opinion the conditions causing suspension of the permit have been corrected, the Health Authority shall make a reinspection. If the applicant is complying with the requirements of this Code, the permit shall be reinstated.
Permits may be suspended temporarily by the Health Authority for failure of the permit holder to comply with the requirements of this Code. Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of Division II of this Code, the permit holder or operator shall be notified in writing that the permit is, upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the Health Authority by the permit holder. Upon suspension of the permit all food service activities shall cease and resume only after the permit is reinstated.
Upon the suspension of the permit, the permit shall be removed from the establishment and returned to the Health Department. Notwithstanding the other provisions of this Code, whenever the Health Authority finds unsanitary or other conditions on operation of a food service establishment or retail food store which, in their judgment, constitute a substantial hazard to the public health, they may without warning, notice of hearing, issue a written notice to the permit holder or operator citing such condition, specifying the corrective action to be taken, and specifying the time period within which such action shall be taken; and, if deemed necessary such order shall state that the permit is immediately suspended, and all operations as a food service establishment or retail food store are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith, but upon written petition to the Health Authority shall be afforded a hearing as soon as possible.
If upon the receipt of an application to renew a permit the Health Authority, after review of the records or inspection of the facility, determines that the facility has failed to correct serious or repeated violations of this Code, the permit will not be issued and the Health Authority shall notify the applicant immediately thereof. Such notice shall state the reasons for not renewing the permit. The applicant will be given a specific time period to correct the violations by the Health Authority. An inspection of the establishment shall be conducted after the given time period. If the violations have been corrected, the Health Authority will then issue the permit. If the violations have not been corrected, the permit will not be issued and a notice for a hearing shall be issued. Such notice shall state that an opportunity for a hearing shall be provided for the applicant upon their written request. The hearing will be held at a time and place designated by the Health Authority. Such hearing shall be scheduled not later than ten (10) working days from the date requested is received. The notice referred to in this paragraph shall be delivered to the applicant in person by the Health Authority or may be sent registered mail, return receipt requested. A permit which has expired shall be removed from the establishment and returned to the Health Authority.
Any person desiring to operate a food service establishment, mobile food unit, seasonal food service establishment, or retail food store or to renew an expired permit shall make written application for a permit on forms provided by the Health Authority. Such application shall include; the applicant’s full name and post office address and whether such applicant is an individual, firm, or corporation, and a partnership, the names of partners, together with their addresses shall be included; the location, risk factor, category, seating capacity of food service establishments, square footage of retail stores, and type of the proposed food service establishment or retail food store; and the signature of the applicant or applicants. If the applicant is for a temporary food service establishment or retail food store it shall also include the inclusive dates of the proposed operation.
(A) Upon receipt of an initial application, the Health Authority shall make an inspection of the establishment to determine compliance with the provisions of this Code. When inspection reveals that the applicable requirements of this Code have been met, a permit shall be issued to the applicant by the Health Authority.
It shall be unlawful for any person to operate a food service establishment, mobile food unit, temporary food service establishment, seasonal food service establishment, or retail food store within the County of Union, State of Illinois, who does not possess a valid permit issued to them by the Health Authority. Only a person who complies with the requirements of this Code shall be entitled to receive and retain such a permit. Permits shall not be transferable from one person to another person or place. A valid permit shall be posted in a conspicuous place in every food service establishment in view of the consuming public.
Permits for permanent food service establishments, mobile food units, seasonal food service establishments, and retail food stores shall remain the property of the Health Authority and shall expire on December 31 of the year of the date of issuance or expiration of the permit time period. Permits for temporary food service establishments and temporary retail food stores shall be issued for a period of time not to exceed fourteen (14) days.
(A) Enforcement and Interpretation; Food Service Establishments. In addition to those provisions set forth in Divisions I and II, this Code shall be interpreted and enforced in accordance with the provisions set forth in the current unabridged form of Section 750.10 through 750.1700 of the State of Illinois, Illinois Administrative Code Title 77: Public Health, Chapter I: Department of Public Health, Subchapter m: Food, Drugs, and Cosmetics, Part 750 Food Service Sanitation Code, and any subsequent revisions thereto and all guidelines and procedures as established by the Illinois Department of Public Health, Division of Food, Drugs, and Dairies, three (3) certified copies of which shall be on file in the office of the County Clerk.
(B) Enforcement and Interpretation; Retail Food Stores. In addition to those provisions set forth in Divisions I and II, this Code shall be interpreted and enforced in accordance with the provisions set forth in the current unabridged form of Section 760.10 through 760.1760 of the State of Illinois, Department of Public Health Publication 19.000 Titled “Retail Food Store Sanitation Rules and Regulations”, and any subsequent revisions thereto and all guidelines and procedures as established by the Illinois Department of Public Health, Division of Food, Drugs, and Dairies, three (3) certified copies of which shall be on file in the office of the County Clerk.
The following definitions shall apply in the interpretation and the enforcement of this Code:
(A)Adequate shall mean acceptable or sufficient as determined by the Health Authority.
(B)Approved shall mean acceptable to the Health Authority based on their determination as to conform with appropriate standards and good public health practices.
(C) Authorized Representative shall mean the legally designated Health Authority of the Southern Seven Health Department and shall include those persons designated by the Health Authority to enforce the provisions of this Code.
(D)Board of Health shall mean forUnion County, Illinois the Southern Seven Board of Health or its authorized representative.
(E)Category I Facility shall mean a food establishment that presents a high relative risk of causing food borne illness based on the large number of food handling operations typically implicated in food borne outbreaks and/or the type of population served by the facility.
(F) Category II Facility shall mean a food establishment that presents a medium risk of causing food borne illness based upon few food handling operations typically implicated in food borne illness outbreaks.
(G) Category III Facility shall mean a food establishment that presents a low risk of causing food borne illness based upon few or no food handling operations typically implicated in food borne illness outbreaks.
(H)Food shall mean any raw, cooked, or processed edible substance, ice, beverage or ingredient used or intended for use in whole or in part for human consumption.
(I) Food Service Establishment shall mean any place where food is prepared and intended for, though not limited to, individual portion service and included the site which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is charge for the food.
(J) Mobile Food Unit shall mean a vehicle-mounted food service establishment designed to be readily movable.
(K) Permit shall mean a written permit issued by the Board of Health or its authorized representative, permitting the operation of a food service establishment or retail food store.
(L)Permit Holder shall mean an individual, firm, partnership, company, corporation, trustee, association or public or private entity who is directly or indirectly responsible for the operation of a food service establishment or retail food store.
(M) Seasonal Food Service Establishments shall mean operations not lasting more than six (6) months and are associated with one event.
(N) Temporary Food Service Establishment shall mean food service establishments that operate at a fixed location for a period of time of not more than fourteen (14) consecutive days in conjunction with a single event or celebration.