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1984-027o � ORDINANCE NO. 84- 27 AN ORDINANCE AMENDING TITLE 8 OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1970. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: gVrTTnW 1- Title 8, Chapter 8.08, of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows: CHAPTER 8.08 FOOD SERVICE SANITATION AND RETAIL FOOD STORE Section 8.08.010 Adoption by Reference. The 1983 editions of the Illinois Department of Public Health "Food Service Sanitation Rules and Regulations" and the Illinois Department of Public Health "Retail Food Store Sanitation Rules and Regulations" are hereby adopted by reference. Section 8.08.020 Permit -- Required. It is unlawful for any person to operate a food store or food service establishment within the Village without first obtaining a permit therefor from the Village. Only a person who complies with the requirements of this chapter 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 not be transferable. Section 8.08.030 Permit -- Suspension. A. The Village Manager may temporarily suspend any permit for failure of the holder to comply with the requirements of this chapter.. Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of this chapter, 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 pro- vided if a written request for one is filed with the Village Manager by the permit holder. B. Notwithstanding the other provisions of this chapter, whenever the Health Authority finds insanitary or other conditions in the operation of a food store or a food service establishment which, in its judgement, constitutes a substantial hazard to the public health, it may without notice of a 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 such action shall be taken. If deemed necessary, such notice shall state that the permit is imme- diately suspended, and all food store and food service establishment operations are to be immediately discontinued. Any person to whom such a notice is issued shall comply immediately therewith, but upon written petition to the Village Manager shall be afforded a hearing as soon as possible. o • Section 8.08.040 Permit -- Reinstatement. 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 five 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 chapter, the permit shall be reinstated. Section 8.08.050 Permit -- Revocation -- Cause. For serious or repeated violations of any of the requirements of this chapter, or for the interference with the Health Authority in the performance of its 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 Village 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 days following service of such notice, unless a request for a hearing is filed with the Village Manager by the permit holder within such ten -day period. A permit may be suspended for cause pending its revocation or a hearing relative thereto. Section 8.08.060 Permit -- Revocation -- Hearing. The hearings provided for in this chapter 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 8.08.070 Conditional Permit.' When structural, plumbing, electrical, ventilation, or similar such defects exist in an established food facility that may require a significant expenditure to correct, but are not considered to be an imminent health hazards, a Conditional Permit may be granted at the discretion of the Health Authority. Under no circumstances will a conditional permit be issued for more than two (2) consecutive twelve (12) month periods. The purpose of the condi- tional license or permit is to allow a reasonable period of time for correction of existing defects. Section 8.08.080 Inspection -- Authorized. The Health Authority is charged with the enforcement of the provisions of this chapter. At least once every six months, the Health Authority shall inspect each food service establishment /retail food store located within the Village and shall make as many additional inspections and reinspections as are deemed necessary for the enforcement of this chapter. Section 8.08.090 Inspection -- Access to establishments. The Health Authority, after proper identification and permission, shall be permitted to enter, at any reasonable time, any food service establish- ment /retail food store within the Village for the purpose of making inspections to determine compliance with this chapter. The permit holder or operator shall supply such information, data and records as may be necessary to determine the sources of foods suspected of adulter- ation or of being unwholesome and regarding the health status of employees. Section 8.08.100 Inspection -- Records and Notices. A. Whenever the Health Authority makes an inspection of a food service establishment, it shall record its 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 violations found and shall establish a specific and reasonable period of time for the correction of the violations which shall be accomplished within the period specified, in accordance with the following provisions: - 2 - o • (1) If an imminent health hazard exists, such as may be created by an extended loss of water supply, an extended power outage, a sewage back -up into the establishment, or inadequate refrigera- tion, the establishment shall immediately cease operations. Such operations shall not be resumed until authorized by the Health Authority. (2) All violations of 4- or 5 -point weighted items shall be cor- rected within the period of time specified by the Health Authority, but in any event, not to exceed 10 days following inspection. Within 15 days after the inspection, the holder of the permit shall submit a written report to the Health Authority stating the action taken to correct the 4- or 5 -point weighted violations. Purchase orders or work contracts with a work completion date satisfactory to the Health Authority may be accepted as interim corrective action. A follow -up inspection shall be conducted to confirm correction within a given time period. (3) All 1- or 2 -point weighted items shall be corrected as soon as possible, but in any event, by the time of the next routine inspec- tion. (4) When the rating score of the establishment is less than 60, the establishment shall initiate corrective action on all identi- fied violations within 48 hours. One or more reinspections will be conducted at reasonable time intervals to assure correction. (5) In the case of temporary food service and temporary retail food stores, all violations shall be corrected within 24 hours. If violations are not corrected with 24 hours, the establishment shall immediately cease operations until authorized to resume by the Health Authority. B. Failure to comply with any notice issued in accordance with the provisions of this chapter 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 Authority within the period of time established in the notice of correction. Section 8.08.110 Inspection -- Service of Notices. Notices provided for under this chapter 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 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 on file with the Health Authority. Section 8.08.120 Examination and Condemnation of Food. Food may be examined or sampled by the Health Authority as often as may be necessary to determine freedom from adulteration or misbranding. The Health Authority may, upon written notice to the permit holder or oper- ator, place a hold order on any food which it determines or has probable cause to believe to be unwholesome or otherwise adulterated, or mis- branded. Under a hold order, food shall be permitted to be suitably stored, but not sold. It shall be unlawful for any person to remove or alter a hold order, notice or tag placed on food by the Health Authority, and neither such food nor the containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of, or destroyed without permission of the Health Authority, except on order by a court of competent jurisdiction. After the permit holder or operator has had a hearing as provided for in this chapter and on the basis of evidence produced at such hearing, or on the basis of its examination in the event a written request for a hearing is not received within 10 days, - 3 - o • the Health Authority may vacate the hold order, or may by written order direct the permit holder or operator of the food which was placed under the hold order to denature or destroy such food or to bring it into compliance with the provisions of the chapter. Such order of the Health Authority to denature or destroy such food or bring it into compliance with the provisions of this chapter shall be stayed if the order is appealed to a court of competent jurisdiction within 3 days. Section 8.08.130 Review of Plans, Submission of Plans. Whenever a food service establishment /retail food store is constructed or exten- sively remodeled and whenever an existing structure is converted to use as a food service establishment, or retail food store, properly prepared plans and specifications for such construction, remodeling, or conver- sion shall be submitted to the Health Authority for review and approval before construction, remodeling or conversion of an existing structure to a food facility. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, and construction mate- rials of work areas, and the type and model of proposed fixed equipment and facilities. The Health Authority shall approve the plans and specifications if they meet the requirements of this chapter and other applicable Village ordinances. No food service establishment /retail food store shall be constructed, remodeled, or converted except in accordance with plans and specifications approved by the Health Authority. Section 8.08.140 Pre - operational Inspection. Whenever plans and specifications are required by this chapter of this ordinance to be submitted to the Health Authority, the Health Authority shall inspect the food service establishment /retail food store prior to the start of operations, to determine compliance with the approved plans and specifications and with the requirements of this chapter. Section 8.08.150 Procedure When Infection is Suspected. When the Health Authority has reasonable cause to suspect possible disease transmission by an employee of a food service establishment /retail food store, it may secure a morbidity history of the suspected employee or make any other investigation as indicated and shall take appropriate action. The Health Authority may require any or all of the following measures: A. The immediate exclusion of the employee from employment in the facility; B. The immediate closing of the facility 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 facility 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 8.08.160 Food Service Establishments or Retail Food Stores in Other Jurisdictions. Food from food service establishments /retail food stores outside the jurisdiction of the Village may be sold within the Village if such facilities conform to the provisions of this chapter or to substantially equivalent provisions. To determine the extent of compliance with such provisions, the Health Authority may accept reports from the responsible authority in other jurisdictions where such facilities are located. Section 8.08.170 Violation -- Penalty. Any person violating the provisions of this chapter shall be punished according to the provisions of Chapter 1.08, GENERAL PENALTY. - 4 - SECTION 2: Chapter 8.28, of the Village of Buffalo Grove Municipal Code is hereby repealed. SECTION 3: Separability. If any provision or application of any provision of this ordinance is held invalid, that invalidity shall not affect other provisions or applications of this ordinance. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law. AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None ABSENT: 0 - None PASSED: March 19 , 1984 APPROVED: March 19 , 1984 PUBLISHED: March 20 , 1984 ATTEST:, �ilL'�ALi V11.1age Clerk APPROVED: Village President - 5 - i F VILLAGE OF BUFFALO GROVE ORDINANCE NO. ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE THIS / DAY OF-)grL&, , 19 fZ. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois, this !10t6 day of 19rz. I Vi C1er `e 0 ORDINANCE NO. 84— 27 AN ORDINANCE AMENDING TITLE 8 OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1970. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: SECTION 1: Title 8, Chapter 8.08, of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows: CHAPTER 8.08 FOOD SERVICE SANITATION AND RETAIL FOOD STORE Section 8.08.010 Adoption by Reference. The 1983 editions of the Illinois Department of Public Health "Food Service Sanitation Rules and Regulations" and the Illinois Department of Public Health "Retail Food Store Sanitation Rules and Regulations" are hereby adopted by reference. Section 8.08.020 Permit -- Required. It is unlawful for any person to operate a food store or food service establishment within the Village without first obtaining a permit therefrom from the the Village. Only a person who complies with the requirements of this chapter 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 not be transferable. Section 8.08.030 Permit -- Suspension. A. The Village Manager may temporarily suspend any permit for failure of the holder to comply with the requirements of this chapter,. Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of this chapter, 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 pro- vided if a written request for one is filed with the Village Manager by the permit holder. B. Notwithstanding the other provisions of this chapter, whenever the Health Authority finds insanitary or other conditions in the operation of a food store or a food service establishment which, in its judgement, constitutes a substantial hazard to the public health, it may without notice of a 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 such action shall be taken. If deemed necessary, such notice shall state that the permit is imme- diately suspended, and all food store and food service establishment operations are to be immediately discontinued. Any person to whom such a notice is issued shall comply immediately therewith, but upon written petition to the Village Manager shall be afforded a hearing as soon as possible. Section 8.08.040 Permit -- Reinstatement. 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 five 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 chapter, the permit shall be reinstated. Section 8.08.050 Permit -- Revocation -- Cause. For serious or repeated violations of any of the requirements of this chapter, or for the interference with the Health Authority in the performance of its duties, the permit may be permanently revoked after an opportunity for hearing has been provided by the Health Authority. Prior to such action, the Village 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 days following service of such notice, unless a request for a hearing is filed with the Village Manager by the permit holder within such ten -day period. A permit may be suspended for cause pending its revocation or a hearing relative thereto. Section 8.08.060 Permit -- Revocation -- Hearing. The hearings provided for in this chapter 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 8.08.070 Conditional Permit. When structural, plumbing, electrical, ventilation, or similar such defects exist in an established food facility that may require a significant expenditure to correct, but are not considered to be an imminent health hazards, a Conditional Permit may be granted at the discretion of the Health Authority. Under no circumstances will a conditional permit be issued for more than two (2) consecutive twelve (12) month periods. The purpose of the condi- tional license or permit is to allow a reasonable period of time for correction of existing defects. Section 8.08.080 Inspection -- Authorized. The Health Authority is charged with the enforcement of the provisions of this chapter. At least once every six months, the Health Authority shall inspect each food service establishment /retail food store located within the Village and shall make as many additional inspections and reinspections as are deemed necessary for the enforcement of this chapter. Section 8.08.090 Inspection -- Access to establishments. The Health Authority, after proper identification and permission., shall be permitted to enter, at any reasonable time, any food service establish- ment /retail food store within the Village for the purpose of making inspections to determine compliance with this chapter. The permit holder or operator shall supply such information, data and records as may be necessary to determine the sources of foods suspected of adulter- ation or of being unwholesome and regarding the health status of employees. Section 8.08.100 Inspection -- Records and Notices. A. Whenever the Health Authority makes an inspection of a food service establishment, it shall record its 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 violations found and shall establish a specific and reasonable period of time for the correction of the violations which shall be accomplished within the period specified, in accordance with the following provisions: - 2 - (1) If an imminent health hazard exists, such as may be created by an extended loss of water supply, an extended power outage, a sewage back -up into the establishment, or inadequate refrigera- tion, the establishment shall immediately cease operations. Such operations shall not be resumed until authorized by the Health Authority. (2) All violations of 4- or 5 -point weighted items shall be cor- rected within the period of time specified by the Health Authority, but in any event, not to exceed 10 days following inspection. Within 15 days after the inspection, the holder of the permit shall submit a written report to the Health Authority stating the action taken to correct the 4- or 5 -point weighted violations. Purchase orders or work contracts with a work completion date satisfactory to the Health Authority may be accepted as interim corrective action. A follow -up inspection shall be conducted to cns "confirm - correction within a ;given time period. ,_,.0 .,. .. - (3) All 1- or 2 -point weighted items shall be corrected as soon as possible, but in any event, by the time of the next routine inspec- tion. (4) When the rating score of the establishment is less than 60, the establishment shall initiate corrective action on all identi- fied violations within 48 hours. One or more reinspections will be conducted at reasonable time intervals to assure correction. (5) In the case of temporary food service and temporary retail food stores, all violations shall be corrected within 24 hours. If violations are not corrected with 24 hours, the establishment shall immediately cease operations until authorized to resume by the Health Authority. B. Failure to comply with any notice issued in accordance with the provisions of this chapter 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 Authority within the period of time established in the notice of correction. Section 8.08.110 Inspection -- Service of Notices. Notices provided for under this chapter 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 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 on file with the Health Authority. Section 8.08.120 Examination and Condemnation of Food. Food may be examined or sampled by the Health Authority as often as may be necessary to determine freedom from adulteration or misbranding. The Health Authority may, upon written notice to the permit holder or oper- ator, place a hold order on any food which it determines or has probable cause to believe to be unwholesome or otherwise adulterated, or mis- branded. Under a hold order, food shall be permitted to be suitably stored, but not sold. It shall be unlawful for any person to remove or alter a hold order, notice or tag placed on food by the Health Authority, and neither such food nor the containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of, or destroyed without permission of the Health Authority, except on order by a court of competent jurisdiction. After the permit holder or operator has had a hearing as provided for in this chapter and on the basis of evidence produced at such hearing, or on the basis of its examination in the event a written request for a hearing is not received within 10 days, - 3 - the Health Authority may vacate the hold order, or may by written order direct the permit holder or operator of the food which was placed under the hold order to denature or destroy such food or to bring it into compliance with the provisions of the chapter. Such order of the Health Authority to denature or destroy such food or bring it into compliance with the provisions of this chapter shall be stayed if the order is appealed to a court of competent jurisdiction within 3 days. Section 8.08.130 Review of Plans, Submission of Plans. Whenever a food service establishment /retail food store is constructed or exten- sively remodeled and whenever an existing structure is converted to use as a food service establishment, or retail food store, properly prepared plans and specifications for such construction, remodeling, or conver- sion shall be submitted to the Health Authority for review and approval before construction, remodeling or conversion of an existing structure to a food facility. The plans and specifications shall indicate the proposed. layout ;::axxangementrimechanical .plans „,and construction mate- rials of work areas, and the type and model of proposed fixed equipment and facilities. The Health Authority shall approve the plans and specifications if they meet the requirements of this chapter and other applicable Village ordinances. No food service establishment /retail food store shall be constructed, remodeled, or converted except in accordance with plans and specifications approved by the Health Authority. Section 8.08.140 Pre - operational Inspection. Whenever plans and specifications are required by this chapter of this ordinance to be submitted to the Health Authority, the Health Authority shall inspect the food service establishment /retail food store prior to the start of operations, to determine compliance with the approved plans and specifications and with the requirements of this chapter. Section 8.08.150 Procedure When Infection is Suspected. When the Health Authority has reasonable cause to suspect possible disease transmission by an employee of a food service establishment /retail food store, it may secure a morbidity history of the suspected employee or make any other investigation as indicated and shall take appropriate action. The Health Authority may require any or all of the following measures: A. The immediate exclusion of the employee from employment in the facility; B. The immediate closing of the facility 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 facility 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 8.08.160 Food Service Establishments or Retail Food Stores in Other Jurisdictions. Food from food service establishments /retail food stores outside the jurisdiction of the Village may be sold within the Village if such facilities conform to the provisions of this chapter or to substantially equivalent provisions. To determine the extent of compliance with such provisions, the Health Authority may accept reports from the responsible authority in other jurisdictions where such facilities are located. Section 8.08.170 Violation -- Penalty. Any person violating the provisions of this chapter shall be punished according to the provisions of Chapter 1.08, GENERAL PENALTY. - 4 - r SECTION 2: Chapter 8.28, of the Village of Buffalo Grove Municipal Code is hereby repealed. SECTION 3: Separability. If any provision or application of any provision of this ordinance is held invalid, that invalidity shall not affect other provisions or applications of this ordinance. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law. AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None ABSENT: 0 - None PASSED: March 19 1984 APPROVED: March 19 1984 PUBLISHED: March 20 , 1984 ATTEST:anA' V age Clerk APPROVED: Village President -5-