Code of Ordinances

of Union County, Illinois.

Ordinance Chapter: Division II - Enforcement Provisions

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.