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1970-008ORDINANCE # 70 - 8_ FOOD STORE & FOOD SERVICE ESTABLISHMENT ORDINANCE An Ordinance defining Food Stores, Food Service Establishments, Food, Adulterated Food, Utensils, etc., requiring permits for the operation of food stores; food service establishments; prohibiting the sale of adulterated or unwholesome food; establishing sanitation standards for food, food protection, food service personel, food equipment and utensils, sanitary facilities and controls; regulating the inspection of food store; providing for the examination and condemnation of food; and providing for the enforcement of the ordinance and the fixing of penalties. It is hereby ordained by the Board of Trustees, Village of Buffalo Grove, as follows: SECTION I. DEFINITIONS A. FOOD STORE & FOOD SERVICE ESTABLISHMENTS shall mean resturant retail grocery, meat market, poultry market, fish market, fresh fruit and vegetable market, confectionery, nut store, retail bakery, or any other establishment, whether fixed or moveable, where food, intended for human or animal consumption on or off the premises, is manufactured, produced, prepared, handled, transported, sold or offered for sale at retail or wholesale. A delicatessen, where foods are cooked or prepared, located within a food store, may have to comply with such other food sanitation regulations that apply to such food preparation operations. B. FOOD shall mean any raw, cooked or processed edible substance, beverage or ingredient used or intended for use or for sale in whole or in part for animal or human consumption. PERISHABLE FOOD shall mean any food of a type or in such condition as may spoil, but does not include -a- foods or beverages enclosed in hermetically sealed containers, unless such container is labeled so as to indicate that the contents are perishable. POTENTIALLY HAZARDOUS FOOD shall mean any perishable food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shell- fish, or other ingredients capable of supporting rapid and progressive growth of infectious or toxi- genic micro - organisms. C. EMPLOYEE shall mean any person working in a food store or food service establishment who transports food or food containers, who engages in food pre - paration or service, or who comes in contact with any food, utensil or equipment. D. UTENSIL shall mean all containers or any equipment of any kind or nature with which food comes in contact after delivery to a food store, during storage, preparation, display or sale. E. HEALTH OFFICER shall mean the Sanitarian of the Village of Buffalo Grove or his legally authorized agent. F. PERSON shall mean an individual, or a firm, partner- ship company, corporation, trustee, association or any. public or private entity. G. Safe Temperatures as applied to potentially hazardous food, shall mean temperatures of 450F or below, and 140OF or above. As applied to frozen perishable foods safe temperature shall be OoF or below, except for a variation of 150F during transit, unloading or defrosting during a mechanical defrosting cycle. Temperatures shall be determined by measurement of the actual product temperature or the ambiant air temperature in the storage device. H. 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. 9 I. FOOD CONTACT SURFACES shall mean those surfaces of -3- equipment and utensils with which food normally comes in direct contact, and those surfaces with which food may come in contact and drain back onto surfaces normally in contact with food. J. ADULTERATED shall mean the condition of a food (a) if it bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health; (b) if it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by regulation, or in excess of such tolerance if one has been established; (c) if it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is other- wise unfit for human consumption; (d) if it has been processed, prepared, packed, or held under unsanitary conditions, whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health; (e) if it is in whole or in part the product of a diseased animal, or an animal which has died otherwise than by slaughter; or (f) if its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health. K. CLOSED shall mean fitted together snugly leaving no openings large enough to permit the entrance of vermin. L. SEALED shall mean free of cracks or other openings which permit the entry or passage of poisonous or deliterious substances. SECTION II. PERMITS It shall ltm unlawful for any person to operate a food store or food service establishment within the Village Of Buffalo Grove with- out first obtaining a permit from the Village Manager of the Village of Buffalo Grove. Only a Person who complies with the requirements of this ordinance shall be entitled to receive and retain such a permit. A valid permit is one that is not suspended, revoked or expired. Permits shall be issued annually for the calendar year, shall be issued to the person named in the application, for the premises stated in the application and shall notbe transferable. 9 me i A. SUSPENSION OF PERMITS The Village Manager may temporarily suspend any permit for failure of the holder to comply with the requirements of this ordinance. Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of the ordinance, the permit holder or operator shall be notified in writing that the permit is, upon service of the notice, suspended, and that an opportunity for a hearing will be provided if a written request for one is filed with the Village Manager by the permit holder. Notwithstanding the other provisions of this ordinance, whenever the health authority finds insanitary or other conditions in the operation of a food store, & Food Service Establishment, which, in his judgment, constitutes a substantial hazard to the public health, he may without warning, notice or hearing, issue a notice to the permit holder or operator citing such conditions, specifying the corrective action to be taken, and specifying the time period within which Ssuch action shall be taken; and, if deemed necessary, such order shall state that the permit is immediately - suspended, and all food store & food service establish- ment operations are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith, but upon written petition to the Village Manager, shall be afforded a hearing as soon as possible. B. REINSTATEMENT OF SUSPENDED PERMITS Any person whose permit has been suspended may, at any time, make application for a reinspection for the purpose of reinstatement of the permit. Within 5 days following receipt of a written request, including a statement signed by the applicant that in his opinion the conditions causing suspension of the permit have been corrected, the Village shall cause a reinspection. If the applicant is complying with the requirements of this ordinance, the permit shall be reinstated. C. REVOCATION OF PERMITS 0 For Serious or repeated violations of any of the -5- requirements of this ordinance, for the interference with the Sanitarian in the performance of his 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 Officer 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 10 days following service of such notice, unless a request for a hearing is filed with the Village Manager, by the permit holder, within such 5 -day period. A permit may be suspended for cause pending its revocation or a hearing relative thereto. D. HEARINGS The hearings provided for in this section shall be conducted by the Village Manager at a time and place designated by him. Based upon the record of such hearing, the Village Manager shall make a finding and shall sustain, modify, or rescind any official notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the permit holder by the Village Manager. SECTION II. ENFORCEMENT AND INSPECTION The Health Officer is charged with the enforcement of the provisions of this ordinance. At least once every six months the Health Officer shall inspect each food- service establishment located within the Village of Buffalo Grove and shall make as many additional inspections and reinspections as are necessary for the enforcement of this ordinance. A. ACCESS TO ESTABLISHMENTS The Health Officer, after proper identification, shall be permitted to enter, at any reasonable time, any food - service establishment within the Village for the purpose of making inspections to determine compliance with this ordinance. The owner and operator shall supply such information, data and records as may be necessary to determine the sources of foods suspected of adulteration or of being unwholesome . and regarding the health status of employees. IM ! B. INSPECTION RECORDS AND NOTICES Whenever the Health Officer 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 original of such inspection report form to the permit holder or operator. Such inspection report shall indicate specific vio- lations found and shall establish a specific and reasonable period of time for the correction of them. Failure to comply with any notice issued in accordance with the provisions of this ordinance may result in suspension of the permit. An Opportunity for appeal from any notice or inspection findings will be provided if a written request for a hearing is filed with the Health Officer within the period of time established in the notice of correction. C. 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 the inspection report or notice has been posted by the Health Officer upon a inside wall of the establishment, or such inspection report or notice has been sent by registered or certified mail, return receipt requested, to the last known address of the permit holder, A copy of such inspection reports or notices shall be filed with the records of the Village Manager. SECTION IV. EXAMINATION AND CONDEMNATION OF FOOD Samples of food and other substances may be examined or sampled by the Health Officer as often as may be necessary to determine freedom from adulteration. The Health Officer may condemn and forbid the sale of, or cause to be removed, destroyed or denatured, any food which is unwholesome, or adulterated. SECTION V. MINIMUM SANITARY REQUIREMENTS FOR FOOD STORES 0 A. WHOLESOMENESS OF FOOD. All food shall be from approved -7- sources or sources considered satisfactory by the Village of Buffalo Grove and shall be clean, wholesome, free from adulteration and spoilage, and shall be safe for human consumption. SATISFACTORY COMPLIANCE: 1. All foods are from approved sources or are considered satisfactory by the health authority or are in compliance with applicable state and local laws. 2. Food from such sources have been protected from contamination and spoilage during subsequent handling, packaging and storage and while in transit. 3. All milk and fluid milk products sold meet the Illinois Grade A. Milk law. 4. All oysters, clams and mussels are from sources that are certified by the state of origin, shell stock is in the containers originally packed at the shucking plant and identified with the name and address of the packer, repacker, or distributor along with the appropriate certificate number. 5. Meat, meat Products and poultry have been inspected and approved under an official regulatory program; Provided, that the Department of Health may accept other sources which are in his opinion satisfactory and which are in compliance with applicable state and local laws and regulations. 6. All food is wholesome, free from spoilage and adulter- ation. B. FOOD PROTECTION. All food while being stored, prepared, displayed, served or sold, or during transport shall be protected from contamination. Perishable foods shall be stored such that spoilage will be minimized. All potentially hazardous foods shall be maintained at safe temperature (450) F. or below, or (1400) F. or above, except during necessary periods of preparation and service. 0 Poisonous and toxic substances shall be identified, and E:E shall be used only in such manner and under such conditions as will not contaminate food nor constitute a hazard to employees or customers. SATISFACTORY COMPLIANCE: 1. All foods, while being stored, prepared, displayed, served or sold, or transported, are protected against contamination from dust, flies, rodents or other vermin; unclean utensils and work surfaces; unnecessary handling; coughs and sneezes, flooding, drainage and overhead leakage; and any other source. a. All food is handled so as to minimize the opportunity for contamination; minimum manual contact with food shall be made insofar as is practicable. b. Food on display, such as meats, candy, bakery products, are adequately protected from public handling or other contamination, unless such products are securely wrapped. C. Foods during transportation and delivery are securely wrapped or otherwise protected from flies, dirt, handling or other contamination and delivery trucks and other equipment used for such transportation are kept clean and are so constructed as to protect the food carried from dust and other contamination. Reasonable care is taken in the handling of large cuts of meat. d. No animals or fowls are kept or allowed in any room in which food is prepared, processed or stored. e. Equipment and utensils used in the preparation and processing of poultry are not used in the pre- paration or processing of foods that subsequently would not normally be cooked. 2. Conveniently located refrigeration facilities, hot food storage and display facilities and effective insulated facilities are provided in numbers sufficient to assure the maintenance of all food at required temperatures during storage, preparation, and display; and M0111 a. All potentially hazardous food is, except when being prepared, kept at 450 F or below, or 140OF or above. b. Potentially hazardous foods are pre - chilled to 450 or below before being placed in refrigerated display cases or pre- heated to 1400F or above before being placed in heated display cases. C. Fozen foods are kept at such temperatures as to remain frozen; potentially hazardous frozen foods are kept at 0 0 F or below, except for a variation of 150F during transit and unloading and except when being thawed provided that thawing is at refrigerator temperatures of 450 or below, or by any other method approved by the (Health Department). 3. Containers of food are stored above the floor, on clean racks, dollies, or shelving in such a manner as to be protected from splash and other contamination, and such that accessibility for floor cleaning is provided. 4. Only those poisonous and toxic substances required to maintain the establishment in sanitary condition and for sanitization of equipment and utensils are used and containers are adequately labeled as to contents. When not in use, poisonous and toxic substances are stored in cabinets which are used for no other purpose. Bactericides and cleaning compounds are not stored in the same cabinet with insecticides, rodenticides or other poisonous substances. 5. Poisonous substances are not used in any way as to contaminate food, equipment or utensils, not to constitute a hazard to employees or customers. C. EQUIPMENT AND UTENSILS. All equipment, utensils, display cases, preparation tables, refrigerators, walk -in coolers, freezers, sinks and other equip- ment used in the operation of a food store shall be so constructed, located and installed as to be durable, for cleaning, easily cleanable, shall be kept in good repair and shall not contain or be plated with toxic metals or finishes. -10- • SATISFACTORY COMPLIANCE: 1. Equipment design, construction and materials a. All equipment and utensils shall be so durable under normal conditions and operations as to be resistant to denting, buckling, pitting, chipping, crazing, and excessive wear; and shall be capable of withstanding repeated scrubbing, scouring, and the corrosive action of cleaning and sanitizing agents and food with which they come in contact. b. Food contact surfaces of equipment and utensils shall be smooth; shall be free of breaks, open seams, cracks, chips, pits, and similar imperfections; shall be in good repair, and shall be easily cleanable. C. Materials used as food - contact surfaces of equipment and utensils shall, under use conditions, be corrosion resistant, relatively nonabsorbent and nontoxic. d. Food - contact surfaces of equipment and utensils shall be free of difficult -to clean internal corners and crevices. Threads which routinely contact food shall be of a sanitary design, and no V -type threads shall be used in such a situation. e. Lubricated bearings and gears of equipment shall be so constructed that lubricants can- not get into the food or onto food - contact surfaces. f. All food - contact surfaces, unless designed for in -place cleaning, shall be accessible for manual cleaning and for inspection either: (1) Without being disassembled; or (2) By disassembling without the use of tools; or -11- • (3) By disassembling with the use of only simple tools kept available near the equipment, and such simple tools are kept separate from utensils that come into contact with foods. g. Equipment intended for in -place cleaning shall be so designed and constructed that: (1) Cleaning and sanitizing solutions can be circulated throughout a fixed system. (2) Cleaning and sanitizing soulutions will contact all interior food contact surfaces. (3) The system is self - draining or other wise completely evacuated. (4) Cleaning procedures result in thorough cleaning of the equipment. h. Surfaces of equipment not intended for contact with food, but which are exposed to splash, food debris, or otherwise require frequent cleaning, shall be reasonable smooth; washable; free of unnecessary ledges, projections, or crevices; readily accessible for cleaning; and of such material and in such repair as to be readily maintained in a clean and sanitary condition. i. Hard solder (silver solder), when used as a food- contact surface, shall be of such formulation as to be nontoxic under use con- ditions; shall be corrosion resistant; and shall, consistent with good industrial practice in the refining of its constituent elements, be free of cadmium, toxic amounts of antimony, bis- muth, and other toxic materials. 2. EQUIPMENT INSTALLATION a. Equipment which is placed on tables or counters, unless readily movable, shall be sealed there- to or mounted on legs or feet at least 4 inches -12- • high, and shall be so installed as to facilitate the cleaning of equipment and areas adjacent thereto. b. Floor- mounted equipment, unless readily moveable, is closed at the floor; or installed on raised platforms of concrete or other smooth masonry in such a manner as to prevent liquids or debris from seeping or settling underneath, between or behind such equipment in spaces which are not fully open for cleaning and inspection; or such equip- ment is elevated at least 6 inches above the floor on sanitary feet and legs. The space between adjoining units, and between a unit and the ad- jacent wall, shall be closed unless exposed to seepage, in which event it shall be sealed; or sufficient space shall be provided to facilitate easy cleaning between, behind, and beside all such equipment. c. All sewer and /or water connected fixtures and equipment are installed so as to preclude the backflow or backsiphonage of waste water into the fixture or equipment or into the water supply or distribution system; and are in with the backflow protection require- ments of the Illinois State Plumbing Code. D. CLEANLINESS, CLEANING AND SANITIZATION AND STORAGE OF EQUIPMENT AND UTENSILS. All equipment and utensils, including display cases or windows, preparation tables, refrigerators, walk -in cooler, freezers, sinks, counters, shelving, mixers, grinders, slicers, saws and display and preparation utensils shall be kept clean and free from dust, dirt, food soil accumulations, insects and other contaminating materials. Food contact surfaces shall be effectively sanitized after being washed to remove visible soil. Cleaned and sanitized utensils and equipment shall be stored so as to be protected from flies, dust and other contamination and utensils shall be handled in such a manner as to minimize con - tamination. Single- service utensils shall be pur- chased in sanitary containers, shall be stored there- in in a clean, dry place until used, shall be dispensed and handled in a sanitary manner and shall be used only once. -13- Satisfactory Compliance: 1. Adequate facilities and equipment are provided for effective cleansing and sanitizing. a. Sinks of sufficient size, capacity and con- struction are provided so as to immerse the largest utensil or implement used. Large tubs and containers that may be washed and sanitized separately shall not be used to determine sink size. b. A minimum of three compartments and a drain - board are provided. 2. Utensils and food- contact surfaces of equipment used in the preparation, display and storage of food are thoroughly cleaned and sanitized after each usage or at sufficiently frequent intervals during continous operation to prevent the growth and multiplication of micro - organisms. Cleaning and sanitization shall consist of: a. Washing in warm water containing a sufficient amount of detergent to remove grease, solids and visible soil, and, b. After cleaning, immersion in clean, hot water of at least 1800F for a period of one - half minute, or c. Immersion in a water bath containing at least ' 100 parts per million at all times of available chlorine, or d. Any other method approved by the (Health Department) 3. Non -food contact surfaces of all equipment are cleaned at such frequency as is necessary to be free of accumulations of dust, dirt, food particles and other debris. 4. Food - contact surfaces of cleaned and sanitized utensils and equipment are handled in such a manner 0 0 E -14- so as to be protected from contamination. 5. Cleaned and sanitized portable and removable equipment and utensils are stored above the floor in a clean, dry location and suitable space and facilities are provided for such storage so that food - contact surfaces are protected from splash, dust and other contamination. 6. Food- contact surfaces and swab sanitized in protected from splash, of fixed equipment are cleaned place daily and are dust and other contamination. 7. Utensils are air dried before being stored or are stored in a self draining position on suitably located hooks or racks constructed of corrosion - resistant material. Where practical, stored utensils and containers are covered or inverted. 8. Single- service articles are used only once and are received, stored, handled and dispensed in a sanitary manner. E. HEALTH AND CLEANLINESS OF EMPLOYEES. No person who is affected with any disease in communicable form or is a carrier of such disease shall work in any food store. If the owner or manger suspects that any employee has contracted any disease in a communicable form or has become a carrier of such disease, he shall exclude the employee from the premises or notify the health officer immediately. All employees shall wear clean outer garments and shall keep their hands and fingernails clean at all times while engaged in the handling of food, utensils or equipment. Employees shall not expectorate or use tobacco in any form in room in which food is pre- pared or processed or in which utensils are washed, sanitized or stored. Satisfactory Compliance: All employees must have satisfactory proof of absence of communicable disease including tuberculosis. -15- S1. No person while affected with a disease in a com- municable form or while a carrier of such a disease, or while afflicted with boils, wounds or an acute respiratory infection is working in the food store in an area and capacity in which there is a like- lihood of transmission of disease to patrons or to fellow employees, either through direct contact or through contamination of food or food - contact surfaces with pathogenic organisms. 2. All employees thoroughly wash their hands and arms with soap and warm water before starting work and during work hours as often as may be required to remove soil and contamination, as well as after visiting the toilet room. 3. The hands of all employees are kept clean while engaged in handling food and food - contact surfaces., and fingernails are clean and neatly trimmed. 4. The outer garments of all employees engaged in handling food, utensils and equipment are reasonably clean, and employees maintain a high degree of personal cleanliness and conform to good hygienic practices during all working periods. 5. Freedom from Ecto Parasite. F. TOILET FACILITIES. Every food store or Food service establishment shall have adequate and convenient toilet and handwashing facilities for its employees. Toilet and lavatory fixtures shall be of sanitary design, readily cleanable and maintained in a clean condition and in good repair. The doors of all toilet rooms shall be provided. Easily cleanable receptacles shall be provided for waste materials, and such receptacles in toilet rooms for women shall be covered. Lavatories shall be provided with hot and cold running water, hand cleansing soap or detergent, and approved sanitary towels or other approved hand drying devices. When toilet facilities are provided for patrons, such facilities shall meet the requirements of this section. Satisfactory Compliance: 1. Toilet facilities are adequate, of sanitary design, -16- and conveniently located, and are accessible to employees at all times. 2. Toilet facilities are installed in accordance with the requirements of the Illinois State Plumbing Code and applicable local regulations. 3. Toilet rooms are completely enclosed and have tight fitting, self - closing doors. Toilet rooms vented to the outside air by mechanical exhaust systems may be provided with doors that contain screened louvers. 4. Easily cleanable waste receptacles are provided and such receptacles are emptied at least once a day and more frequently when necessary to prevent excessive accumulation of waste material. 5. Lavatories are located within or immediately ad- jacent to all toilet rooms. If toilet rooms are. not readily accessible, handwashing facilities are provided within or adjacent to food preparation or processing areas. Handwashing facilities are pro- vided in .food preparation areas in all food stores constructed after the effective date of this ordinance. 6. Each lavatory is provided with hot and cold or tempered running water. A mixing valve or com- bination faucet is recommended and is provided in new installations. 7. Toilet tissue, hand cleansing soap or detergent and sanitary towels or approved hand drying devices are conveniently available and provided in adequate supply or number. Common towels shall not be used. 8. Toilet fixtures, lavatories, soap dispensers, hand drying devices and all other components of the toilet facilities and the toilet rooms are maintained clean and in good repair. G. WATER SUPPLY. The water supply shall be adequate, of a safe, sanitary quality, and from an approved source. -17- Hot and cold running water, under pressure, shall be provided in all areas where food is prepared, processed or handled, or utensils, equipment or containers are washed. Ice used for any purpose shall be made from water which comes from an approved source, and shall be used only if it has been manufactured, stored, transported and handled in a sanitary manner. Satisfactory Compliance: 1. The water supply is adequate, of a safe, sanitary quality, and from an approved public or private water supply system which is constructed, pro- tected, operated and maintained in compliance with applicable laws and regulations of the State of Illinois and the Village Of Buffalo Grove. 2. Hot and cold running water, under pressure, is provided in all areas where food is prepared or processed and where utensils or equipment are • washed, except that produce washing sinks need not be provided with hot water. 3. The potable water - supply piping is not directly connected with any nonpotable water - supply system whereby the nonpotable water can be drawn or dis- charged into the potable water - supply system. 4. The water system and all water supplied or connected fixtures or equipment are protected, by air gaps or appropriately located vacuum breakers where needed, against the possibility of backflow or back - siphonage and are otherwise in compliance with the Illinois State Plumbing Code. 5. Ice is made from water meeting.the requirements of (1) above, in an ice making machine which is located, installed, operated and maintained so as to prevent contamination of the ice; or is obtained from a source approved by the Village of Buffalo Grove. 6. Ice is handled, transported and stored in.a manner as to be protected against contamination: : a. Block ice, if used, to remove any soil it is used. is thoroughly rinsed so as from the outer surface before b. Ice crushers, if used, are maintained in a clean condition and are covered when not in use. C. Ice buckets, containers, scoops, unless they are of the single- service type are of a smooth, impervious material, designed to facilitate cleaning, are kept clean, and are stored and handled in a sanitary manner. H. DISPOSAL OF SEWAGE, REFUSE AND OTHER 'WASTES. All wastes shall be properly disposed of; all sewage shall be disposed of in a public sewerage system, or, in the absence thereof, in a manner approved by the (health department). All garbage and refuse shall be stored in suitable containers and in such a manner as not to become a nuisance. Gaseous wastes shall not cause a nuisance. Satisfactory Compliance: 1. Liquid Wastes a. All water carried sewage is disposed of in a public sewerage system or in an approved sew- age disposal system that is constructed and operated in conformance with applicable laws and regulations of the State of Illinois and the Village of Buffalo Grove. b. Where water carried disposal methods are not available, only facilities and methods that have been approved by the Village of Buffalo Grove are used and such facilities are in conformance with applicable state and local laws, ordinances and regulations. C. All plumbing is sized, installed, and maintained in accordance with the Illinois State Plumbing Code and the Village of Buffalo Grove. -19- 9 2. Solid Wastes a. All garbage and other refuse containing food waste is kept in containers, constructed of durable metal or other approved material that does not leak or absorb liquid, provided with tight- fitting lids or covers and is, unless kept in a special vermin - proofed room or en- closure or in a waste refrigerator, kept covered when stored or not in continous use. b. After being emptied, containers are thoroughly cleaned on the inside and outside in a manner so as not to contaminate food, equipment, utensils or food preparation areas. C. Food stores constructed after the effective date of this ordinance are provided with adequate facilities for washing refuse containers, such as a washing platform or sink provided with running water and a proper drain and brushes that are used for no other purpose. d. Waste storage rooms or enclosures, if pro- vided, are constructed of easily cleanable, washable materials, are vermin proof and are cleaned regularly. e. Refuse storage areas, inside and outside, are clean and do not constitute a nuisance. f. Other refuse and rubbish is stored in a manner approved by the health department, is removed regularly, and does not constitute a nuisance. g. All garbage and refuse is disposed of daily, or at such other frequencies as may be approved by the (health department) and in such a manner as to prevent a nuisance. 3. Gaseous Wastes a. Vents, exhaust ducts, and smoke stacks are not located in close proximity to windows or air intake vents of adjacent structures. -20- b. Incinerators are of approved design and are operated in accordance with the regulations of the Illinois Air Pollution Control Board. c. Areas around incinerators are kept in a clean and orderly condition. H. FLOORS. The floors of all rooms shall be of such con - struction as to be easily cleaned and shall be kept clean and in good repair. Satisfactory Compliance: 1. The floors of all rooms in which food is prepared, stored, handled, processed or in which utensils are washed, and toilet zooms, are of such construction as to be easily cleanable, are smooth, non- absor- bent and are kept clean and in good repair; except that the floors of nonrefrigerated, dry -food- storage areas need not be non - absorbent. 2. The floors of rooms in which food is displayed for- asale are of a material that can be readily cleaned and are kept clean and in good repair. 3. All Floors are kept clean, free of filth, oil, litter, and soil accumulations. Dustless methods of floor cleaning are used, all, except emergency, cleaning is done during those periods when the least amount of food is exposed, and adequate cleaning facilities, including service sinks, are provided. 4. The Floors hereafter installed in food preparation, processing, and utensil washing rooms, and in walk -in refrigerators, dressing or locker rooms and toilet rooms are coved at the juncture be- tween the floor and the base of walls. J. WALLS AND CEILINGS. Walls and ceilings of all rooms shall be kept clean and in good repair. Satisfactory Compliance: 1. All walls and ceilings of rooms in which food is prepared or processed or in which utensils are -21- • washed, and toilet rooms have a smooth, washable surface and are finished in.a light color. 2. All walls and ceilings are clean and in good repair. 3. Acoustical materials, easily washable with water, may used on ceilings, provided ventilation is adequate to minimize grease and moisture absorption. K. DOORS AND WINDOWS. When flies are prevalent, all openings to the outside shall be effectively screened and doors shall be self - closing, unless other effective means are provided to prevent the entrance of flies. Doors, windows and screens shall be kept clean. Satisfactory Compliance: 1. All openings to the outside are effectively screened and all screen doors are self - closing and in good repair; or 2. Air Curtains with air velocities sufficient to prevent the entrance of flies are in use at all otherwise ineffectively protected openings; or 3. Window, door, transom and skylight screens are tight fitting and free of holes. 4. Flies are absent. 5. Doors, windows, and screens are clean. L. LIGHTING. All rooms in which food is prepared, processed or stored, or in which utensils are washed and toilet rooms shall be kept adequately lighted. Satisfactory Compliance: 1. Artificial light sources provided approximately 50 foot - candles of illumination on all working sur- faces in rooms in which food is processed or pre- pared or in which utensils are washed except when equivalent natural light is present. 0 -22- is 2. Storage and toilet rooms are provided with illumination sufficient to provide 20 foot - candles at a height 30 inches above the floor. M. VENTILATION. All rooms in which food is prepared, processed, stored or sold or in which utensils are washed shall be adequately ventilated. Satisfactory Compliance: 1. All rooms are reasonably free of odors, excess heat and water vapor. 2. Toilet rooms are vented directly to the outside air in conformance with local building regulations. Doors must be provided with closures. N. VERMIN CONTROL. Adequate means for the elimination of flies, roaches, rodents and other insects and vermin-- shall be taken. Satisfactory Compliance: 1. The premises are rat proof. 2. All openings to the outside are effectively screened or provided with welf - closing doors or other effective vermin control devices and the premises are main- tained reasonably tight so as to minimize vermin entrance. 3. Pesticides and other toxic or poisonous substances are used and stored such that they do not present a hazard to employees or customers and will not contaminate foods or food contact surfaces. O. MISCELLANEOUS. The premises of all food markets shall be kept clean and free from litter and rubbish. None of the operations connected with the food market shall be conducted in any room used as living or sleeping quarters or in any room which opens directly into living or sleeping quarters, Adequate lockers or dressing rooms shall be provided for employees' clothing and shall be kept clean. Soiled linens, coats, and aprons shall be kept in containers provided for this purpose. -23- 40 Satisfactory Compliance: 1. The premises are clean and free of litter and rubbish. 2. None of the operations connected with the estab- lishment are conducted in any room used as living or sleeping quarters or in any room which opens directly into living or sleeping quarters. 3. Dressing rooms or locker rooms or other suitable storage spaces are provided for employees clothing aprons are kept therein. SECTION VI. FOOD STORES WHICH MAY OPERATE From and after the effective date of this ordinance, no existing food store shall continue to operate within (the area of Jurisdiction) unless it conforms with the requirements of this ordinance; provided, that equipment and facilities, installed in a food store prior to the effective date of this ordinance, which do not meet fully all of the design and construction requirements of this section, shall be deemed acceptable in that establishment if they are in good repair, capable of being maintained in a sanitary condition, and the food - contact surfaces are non - toxic. A. NEW FOOD STORES. All food stores which are hereafter constructed, reconstructed, or extensively altered shall conform in such construction to the requirements of this ordinance as to construction and installation. B. PLAN REVIEW - NEW CONSTRUCTION. Properly prepared plans, including equipment specifications and in- stallation layouts, shall be submitted to the Health Officer for review and approval before work is begun on the construction of new food stores or the re- construction or extensive alteration of existing ones. SECTION VII. FOOD SERVICE ESTABLISHMENTS FROM OTHER JURISDICTIONS Food from food - service establishments outside the jurisdiction of the Village of Buffalo Grove may be sold within the Village if such food - service establishments conform to the provisions of this ordinance or to substantially equivalent provisions. To determine the extent of compliance with such provisions, the Health Officer may accept reports from the responsible authority in other jurisdictions where such food - service establishments are located. -24- i SECTION VIII. PENALTIES Any person who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than ($500.00) for each day that the violation exists, in addition thereto, such persons may be enjoined from continuing such violations. Eath day that a violation contines t-) exist shall constitute a separate offense. SECTION IX. REPEAL AND DATE OF EFFECT This ordinance shall be in full force and effect upon its adoption and publication as provided by law; and, at that time, all ordinances and parts of ordinances in conflict with this ordinances are hereby repealed. This ordinance shall be effective on and after its passage. SECTION X. VALIDITY Should any section, paragraph, sentence, clause, or phrase of this ordinance be declared unconstitutional or invalid for any reason, by a court of competent jurisdiction, the remainder of said ordinance shall not be affected thereby. Passed this 11 th day of May, 1970. 5 ayes 0 nayes 1 absent APPROVED Village Pre ident ATTEST Vi lage Clerk'- Published in pamphlet form by order of the President and Board of Trustees this 11 th day of May, 1970.