All food establishments that serve alcoholic beverages for consumption
on the premises shall provide adequate public toilet facilities that
are separate for men and women. Table 7.21.2 of the Illinois State
Plumbing Code, 1983, and any other subsequent amendments or revisions
thereto, will be used for the recommended number of fixtures. However,
the minimum number of fixtures provided shall be a water closet, urinal
and lavatory in the men's room and a water closet and lavatory in
the women's room. Other food establishments that provide public toilet
facilities shall also satisfy the above requirements.
Time/temperature control for safety food shall be maintained
at safe temperatures of 41° F. (5° C.) or below or 140°
F. (60° C.) or above, as appropriate, except during necessary
periods of preparation and serving.
It shall be unlawful for any person to operate a food establishment
within the County of McLean, or its police jurisdiction, who does
not possess a valid permit which shall be issued annually to him or
her by the Health Department. Only a person who complies with the
requirements of this article shall be entitled to receive and retain
such a permit. Permits shall not be transferable from one person and
place to another person or place or from one mobile unit to another
mobile unit. A valid permit shall be framed and posted in conspicuous
view of the public in every food establishment.
A.Â
Issuance of permits.
(1)Â
Any person desiring to operate a food establishment shall make written
application for a permit at least one week prior to the proposed date
of opening on forms provided by the Health Department. Such application
shall be completed and signed by the owner or his or her representative.
(2)Â
Upon receipt of such an application, the Health Department shall
cause to be inspected the establishment named in the application prior
to the date of opening; and it shall determine if the establishment
is in compliance with the provisions of this article. When an inspection
reveals that the provisions of the article have been met, a permit
shall be issued. The permit for full-time establishments is valid
through December 31 of the year issued. Seasonal permits expire six
months after the date of issue or December 31, whichever one occurs
sooner.
(3)Â
Any person who has not paid his or her annual fee for the renewal
of his or her food permit by January 1 of the permit renewal year
shall be considered to be operating a food establishment without a
valid permit. However, the annual fee for the renewal of seasonal
permits shall be paid at least one week prior to the reopening of
the establishment.
B.Â
Suspension of permits.
(1)Â
Permits may be suspended temporarily by the Health Department for
failure of the holder to comply with the requirements of this article.
(2)Â
Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of § 216-9D of this article, the permit holder or operator shall be notified in writing that the permit is, upon service of the notice, suspended and that the opportunity for a hearing will be provided if, within 72 hours, a written request for a hearing is filed with the Health Department by the permit holder.
(3)Â
Notwithstanding the other provisions of this article, whenever the
Health Department finds insanitary or other conditions in the operations
of a food establishment which, in its judgment, constitute an imminent
health hazard, it may, without warning, notice or 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 suspended at the time of
inspection, and all food service operations are to be immediately
discontinued.
(a)Â
Any person to whom such an order is issued shall comply therewith,
but, upon written petition filed not more than 72 hours after the
discontinuance order, may request a hearing for abatement of the order.
(b)Â
The Health Department shall provide a hearing not later than
five days from the filing of said petition.
C.Â
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 five days following
receipt of a written request, including a statement signed by the
applicant that, in his or her opinion, the conditions causing suspension
of the permit have been corrected, the Health Department shall make
a reinspection. If the applicant is in compliance with the requirements
of this chapter, the permit shall be reinstated.
D.Â
Revocation of permits. For serious and/or repeated violations of
any of the requirements of this chapter, or for interference with
the Health Department in the performance of its duties, the permit
may be permanently revoked after an opportunity for a hearing has
been provided by the Health Department. Prior to such hearing, the
Health Department 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 five days
following service of such notice unless, within such five-day period,
a written petition for a hearing is filed with the Health Department.
The Health Department shall provide a hearing not later than five
days from the filing of said petition. A permit may be suspended for
cause pending its revocation or a hearing relative thereto.
E.Â
Food permit classifications. Food permits shall be divided into the
following classes:
(1)Â
Class A.
(a)Â
A food establishment that meets all of the following criteria:
[1]Â
Foods requiring time/temperature control for safety are routinely
heated, cooled and reheated.
[2]Â
Prepares and serves foods requiring time/temperature control
for safety for more than one meal period a day.
[3]Â
Prepares and serves foods requiring time/temperature control
for safety a minimum of six days a week.
[4]Â
Preparation and service of foods requiring time/temperature
control for safety is the principal feature of the food service business
of the food establishment.
[5]Â
The total occupancy of the food establishment is a minimum of
200, excluding banquet rooms and bar rooms where food from the kitchen
is not routinely served.
[6]Â
Total occupancy is based on the 1993 National Fire Protection
Association Life Safety Code 101 and any subsequent amendments or
revisions thereto.
(b)Â
A State of Illinois licensed nursing home or hospital.
(c)Â
A food establishment with three or more of the following food
operations: meat cutting, a bakery where food items are prepared on-site
from two or more ingredients, delicatessen or fresh fish.
(d)Â
A food establishment that engages in a food preparation process
that requires a variance or HACCP plan as required by FDA Code.
(2)Â
Class B.
(a)Â
A food establishment that prepares and serves foods requiring
time/temperature control for safety but does not meet the requirements
for either a Class A or Class C food permit.
(b)Â
A bakery where food items are prepared on-site from two or more
ingredients.
(c)Â
A food establishment with one or two of the following food operations:
meat cutting, a bakery where food items are prepared on-site from
two or more ingredients, delicatessen or fresh fish.
(d)Â
A caterer where the primary operation of the food business is
preparation of food items for consumption at a location other than
its base of operation.
(e)Â
A mobile food unit with food preparation of foods requiring
time/temperature control for safety other than frankfurters.
(f)Â
A vending commissary where food is prepared, processed, packaged
or repackaged.
(g)Â
A State of Illinois licensed day-care center where food is prepared
on-site.
(3)Â
Class C.
(a)Â
A food establishment that serves only beverages such as alcoholic
drinks, soft drinks, juices, espresso, cappuccino, tea and milk.
[1]Â
Any food preparation of foods requiring time/temperature control
for safety is limited to commercially prepared, prepackaged foods
requiring time/temperature control for safety, such as sandwiches,
soups, frozen pizzas, frankfurters and nacho cheese that require no
preparation other than heating prior to service.
[2]Â
Foods requiring time/temperature control for safety cannot be
cooled and reheated.
[3]Â
Hand-dipped ice cream can be served.
(b)Â
Mobile food units or pushcarts limited to serving foods not
requiring time/temperature control for safety, commissary-wrapped
or commercially prepackaged foods requiring time/temperature control
for safety and/or the preparation and service of frankfurters.
(c)Â
All foods requiring time/temperature control for safety for
service are catered to the facility by a food establishment with a
McLean County food permit.
(d)Â
Only foods not requiring time/temperature control for safety
are prepared, processed, packaged, repackaged, or served. Commercially
prepared baked goods are baked off-site.
(e)Â
A State of Illinois licensed day-care center where all food
served is catered to the facility by a food establishment with a McLean
County food permit.
(f)Â
A Department of Agriculture inspected meat facility with a meat
case that offers commercially prepackaged cuts of meat to consumers.
(4)Â
Class D. (Reserved)
(5)Â
Class E.
(a)Â
A food establishment where all foods requiring time/temperature
control for safety arrive at the store commercially prepared and prepackaged
from the supplier and are offered to the customers without further
processing or packaging or repackaging.
(b)Â
A vending commissary where all foods requiring time/temperature
control for safety arrive commercially prepared and prepackaged from
the distributor and leave the commissary without further processing
or repackaging.
(6)Â
Class F, exempt establishments: churches, schools, governmental units
and charitable, tax-exempt, not-for-profit corporations registered
under Section 501(c)(3) of the Internal Revenue Service Code.
F.Â
Food establishment permit fees. The annual fees for food permits shall be set forth in Chapter 205, Fees.
(1)Â
Such fees shall be payable upon receipt of an invoice issued by the
Health Department.
(2)Â
Fees for permits issued after June 30 shall be reduced by 1/2 the
annual fee.
(3)Â
Fees for seasonal permits issued for periods of six months or less
during any calendar year shall be reduced by 1/2 of the annual fee.
G.Â
Fees for first permits. The fee for the first permit issued to an
owner, for each food establishment owned or operated, shall be increased
by 40% of the annual fee for that establishment. If a business changes
location, the owner shall be required to pay the surcharge of 40%
for the first permit at the new location.
H.Â
Penalty fee for late permit renewal payments. A late penalty fee as set forth in Chapter 205, Fees, shall be assessed for permit renewal payments received after January 7 of the permit renewal year. The late penalty fee shall be increased as set forth in Chapter 205, Fees, for payments received after January 21 of the renewal year. Any food establishment operating after February 4 of the permit renewal year without a renewed, valid permit shall discontinue operation or be subject to prosecution pursuant to this § 216-6 and to the penalties contained in § 216-16 of this article.
Any permit holder that has had its permit suspended, revoked
or nonrenewed by the Health Department may seek a review of the decision
by the Board of Health by:
A.Â
Filing within seven days of receipt of the decision, written notice
with the Board of Health of intent to seek review of the decision;
B.Â
Filing a written brief with the Board of Health which states the
permit holder's arguments as to why the decision of the Health Department
should be reversed. In addition to the permit holder's arguments for
reversal, this brief shall contain a short recitation of relevant
facts, citation to any relevant legal authority and copies of any
documentary evidence the permit holder wishes to be considered by
the Board of Health; and
C.Â
Appearing at the meeting of the Board of Health at which the Board
of Health is scheduled to consider the review requested by the permit
holder.
D.Â
The hearings provided for in this section shall be conducted by a
quorum of the members of the Board of Health at a time and place designated
by the Board within 30 days of the date on which the written request
was filed.
(1)Â
Notification. The petitioner for the hearing shall be notified of
the time and place of the hearing not less than five days prior to
the date on which the hearing is to be held.
(2)Â
Findings. Based upon the record of such hearing, the Board of Health
shall make a finding and shall sustain, modify, or rescind any official
notice or order considered in the hearing.
(3)Â
Written report. A written report of the hearing decision shall be
furnished either personally or by certified mail to the petitioner
by the Board of Health.
Any person, firm or corporation affected by the decisions, rules
or regulations of the Board of Health of McLean County, Illinois,
may have the decisions of said Board of Health reviewed in the Circuit
Court of McLean County, Illinois, and all amendments and modifications
thereof, and the rules adopted pursuant thereto, shall apply to and
govern all proceedings for the judicial review of final administrative
decisions of the Board of Health. The term "administrative decision"
is defined in Section 1 of the Administrative Review Act.[1]
[1]
Editor's Note: See 735 ILCS 5/3-101.
A.Â
The Health Department shall routinely inspect each food establishment
located in the County of McLean, or its police jurisdiction, at a
minimum frequency in accordance with the following schedule and shall
make as many additional inspections and reinspections as are necessary
for the enforcement of this article:
Permit
|
Frequency of Inspection
|
---|---|
Class A
|
Four times per year
|
Class B
|
Three times per year
|
Class C
|
Two times per year
|
Class E
|
One time per year
|
Class F
|
Two times per year*
|
NOTE:
| |
---|---|
*
|
State of Illinois licensed nursing homes and hospitals shall
be inspected at the same frequency as Class A.
|
B.Â
Access to establishments. The Health Department, after proper identification,
shall be permitted to enter, at any reasonable time, any food establishment
within the County of McLean, or its police jurisdiction, for the purpose
of making an inspection to determine compliance with this article.
It 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.
C.Â
Inspection records. Whenever the Health Department makes an inspection
of a food establishment, it shall record its findings on an inspection
report form provided for this purpose and shall furnish a paper or
electronic copy of such inspection report form to the permit holder
or operator.
D.Â
Issuance of notices. Whenever the Health Department makes an inspection
of a food establishment and discovers that any of the provisions of
this article have been violated, it shall notify the permit holder
or operator of such violations by means of an inspection report form
or other written notice. In such notifications, the Health Department
shall:
(1)Â
Set forth the specific violations found;
(2)Â
Establish a specific and timely period for the correction of the
violations found, substantially as follows:
(a)Â
When one or more items are identified as out of compliance,
those items must be corrected by the completion of the inspection
or, considering the nature of the violation involved and the complexity
of the corrective action needed, corrections may be completed as follows:
[1]Â
All priority as soon as possible but not to exceed 10 calendar
days from the time of inspection;
[2]Â
All priority, priority foundation items, or HACCP plan deviation
items must be corrected within 10 calendar days from the time of the
inspection; and
[3]Â
When one or more core items is identified as out of compliance,
such items must be corrected no later than the next inspection or
within a time period proposed in writing by the permit holder approved
by the Health Department provided the extended existence of the item
does not present or result in a health hazard.
(b)Â
When the existence of an imminent health hazard is identified, the permit is subject to immediate suspension as provided in § 216-6B, herein. In case immediate suspension is not invoked, the hazard and all priority items shall be corrected within 48 hours from the time of inspection. Corrective action shall be initiated on all of the remaining items. Reinspections shall be conducted at timely intervals to ensure correction. If, within the specified forty-eight-hour time period, corrective action has not occurred, the establishment shall be closed as provided for in § 216-6B herein.
(c)Â
Repeat violations of priority and priority foundation items documented on two or more previous routine inspections will subject the food establishment permit to suspension as provided in § 216-6B. Suspension of the permit may be deferred upon the permit holder's submission of a written corrective action plan within 72 hours of the inspection. The corrective action plan shall include the repeat violations noted on the inspection, the time period in which the violation will be permanently corrected, and procedures implemented by the food establishment to mitigate risks and hazards associated with the repeat violations.
(d)Â
In case of temporary food establishments, violations must be
corrected within a specified period of time not to exceed 24 hours.
Failure to comply with such notice shall result in immediate suspension
of the permit.
(3)Â
State that failure to comply with any notice issued in accordance with the provisions of this article may result in suspension of the permit as provided for in § 216-6B herein.
(4)Â
State that 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 Department within the period of time established in
the notice for correction.
E.Â
Service of notices. Notices provided for under this section shall
be deemed to have been properly served when a copy 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
of the permit holder. A copy of such notice shall be filed with the
records of the Health Department.
Food may be examined or sampled by the Health Department as
often as may be necessary to determine freedom from adulteration or
misbranding.
A.Â
Embargo orders.
(1)Â
The Health Department may, upon written notice to the owner or person
in charge, place an embargo order on any food which it determines
or has probable cause to believe to be unwholesome or otherwise adulterated
or misbranded. Under an embargo order, food shall be permitted to
be suitably stored.
(2)Â
It shall be unlawful for any person to remove or alter an embargo
order, notice or tag placed on food by the Health Department, and
neither such food nor containers thereof shall be relabeled, repacked,
reprocessed, altered, disposed of, or destroyed without permission
of the Health Department, except on order by a court of competent
jurisdiction.
B.Â
Post-hearing actions. After the owner or person in charge has had a hearing as provided for in § 216-7 herein, 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, the Health Department may vacate the embargo order or may by written order direct the owner or person in charge of the food which was placed under the embargo order to denature or destroy such food or to bring it into compliance with the provisions of this chapter; provided that such order of the Health Department 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 three days.
Food from food establishments outside the jurisdiction of the
Health Department of the County of McLean may be sold within the County
of McLean if such food establishments conform to the provisions of
this article or to substantially equivalent provisions. To determine
the extent of compliance with such provisions, the Health Department
may accept reports from regulatory authorities in other jurisdictions
where such food establishments are located.
When a food establishment is hereafter constructed or extensively
remodeled, or when an existing structure is converted for use a food
establishment, properly prepared plans and specifications for such
construction, remodeling, or alteration, showing layout arrangement,
and construction materials of work areas, and the location, size and
type of equipment and facilities, shall be submitted to the Health
Department in a manner prescribed by the Health Department for approval
before such work is begun. A proposed menu must be submitted with
the plans.
A.Â
Any food establishment may request a variance from the requirements
of this article and adopted references when such an establishment
believes that the requirements result in an undue economic hardship
or when it is believed a standard may not apply to the specific situation.
B.Â
Requests shall be submitted in writing to the Health Department and
shall include the name and location of the business, the name of the
licensee or prospective licensee when applicable, and the section
for which a variance is being requested. Evidence of undue economic
hardship should include estimates and costs for compliance. If it
is believed that a standard may not apply to the specific situation,
an explanation shall be included.
C.Â
Any person who requests a variance from the provisions of these regulations
shall have the burden of supplying the Health Department with information
that demonstrates that conditions exist which warrant the granting
of a variance. All doubts shall be resolved in the interest of the
public's health and safety and in the favor of denial.
D.Â
The Health Department may grant a variance if:
(1)Â
Such variance is consistent with the purpose and intent of the most
current edition of the Illinois Food Service Sanitation Code and its
associated acts and codes and this article; and
(2)Â
It is consistent with the protection of the public health; and
(3)Â
In the opinion of the regulatory authority, a health hazard or nuisance
will not result from the variance; and
(4)Â
The circumstances of the food establishment are unique; and
(5)Â
The cost of compliance is so great that it would threaten the economic
viability of the food establishment or the food establishment would
be in grave jeopardy if compliance were enforced; and
(6)Â
The damage to the food establishment's economic viability is in fact
caused by compliance.
F.Â
Any food establishment for which a variance has been denied may appeal
such denial by requesting a hearing before the Health Department.
A.Â
All new and replacement equipment shall meet or be equivalent to
applicable National Sanitation Foundation (NSF) standards, or equivalent
commercial food equipment standards of another recognized testing
agency that tests to NSF commercial food equipment standards. If NSF
commercial food equipment standards do not exist for a piece of equipment,
the equipment must be inspected and approved by this department before
being placed into service.
B.Â
All new or replacement three-compartment sinks shall have two integral
drain boards as original equipment from the manufacturer.
C.Â
All new and replacement ice binds, where ice is used for both cooling
beverage products and stored for human consumption, shall have an
integral cold plate as original equipment from the manufacturer.
When the Health Department has reasonable cause to suspect the
possibility of disease transmission from any food establishment employee,
the Health Department shall secure a morbidity history of the suspected
employee, or make such other investigation as may be indicated, and
take appropriate action. The Health Department may require any or
all of the following measures:
A.Â
The immediate exclusion of the employee from all food establishments;
B.Â
The immediate closure of the food establishment concerned until,
in the opinion of the Health Department, no further danger of disease
outbreak exists;
C.Â
Restriction of the employee's services to some areas of the establishment
where there would be no danger of transmitting disease; and
D.Â
Adequate medical and laboratory examinations of the employee, of
other employees, and of their body discharges.
Any person who shall violate any provisions of this article
shall be guilty of a Class B misdemeanor and, upon conviction thereof,
shall be punished by a fine of not more than $1,500 or imprisonment
of not more than six months, or both. In addition thereto, such persons
may be enjoined from continuing such violations. Each day upon which
such violation occurs shall constitute a separate violation.