It shall be unlawful for any person to operate a temporary food
establishment within the County of McLean, or its police jurisdiction,
who does not possess a valid permit issued 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 or establishment to another person
or establishment. A person must have a temporary food permit for each
temporary food establishment or from one mobile unit to another mobile
unit. A valid permit shall be posted in conspicuous view of the public
in every temporary food establishment or the food establishment cannot
open.
A.
Issuance of permits.
(1)
Any person desiring to operate a temporary food establishment shall
make written application for a permit at least five days prior to
the proposed date of opening for each event or for each season on
forms provided by the Health Department. Such application shall be
completed and signed by the owner or his or her representative. Applications
submitted to the Health Department less than five business days prior
to the opening day of any listed event on the application shall be
assessed a penalty fee of $25.
(2)
Upon receipt of such an application for a Class J temporary food
permit, the Health Department, at its discretion, may inspect the
temporary food establishment and determine if the establishment is
in compliance with the provisions of this article before issuing the
permit. The permit is valid for one single special event or celebration
and for a period of time not to exceed 14 days.
(3)
Upon receipt of such an application for a Class K multiple event
temporary food permit, the Health Department shall cause to be inspected
the temporary food establishment named in the application prior to
the issuance of the permit to 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. Multiple event temporary food permits shall expire
six months after the date of issue or December 31, whichever one occurs
sooner.
B.
Suspension of permits.
(1)
Permits may be suspended temporarily by the Health Department for
failure of the holder to comply with the requirements of this article.
(2)
Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of § 216-48D 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 an 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)
Notwithstanding the other provisions of this article, whenever the
Health Department finds insanitary or other conditions in the operations
of a temporary food establishment which, in its judgment, constitute
a substantial immediate hazard to the public health, 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.
(4)
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.
The Health Department shall provide a hearing not later than five
days from the filing of said petition.
C.
Reinstatement of suspended temporary food 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 article, the permit shall be reinstated.
D.
Revocation of temporary food permits. For serious and/or repeated
violations of any of the requirements of this article, 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.
Temporary food permit classifications. Temporary food permits shall
be divided into two classes as follows:
F.
Temporary food permit fees. The fees for temporary food permits shall be as set forth in Chapter 205, Fees.
(1)
Fees shall be nonrefundable and paid before a temporary food permit
can be issued.
(2)
Fee-exempt establishments: includes units of government and bona
fide religious, charitable, educational, tax-exempt and other not-for-profit
organizations registered under Section 501(c)(3) of the Internal Revenue
Service Code.
(3)
The Health Department may require proof of eligibility for any person
or organization applying for a fee-exempt permit.
(4)
Late fees.
(a)
Any temporary food permit applications that are not received five business days prior to the first day of the proposed special event by the Health Department will be charged a late fee as set forth in Chapter 205, Fees, in addition to the required permit fee.
(b)
Any person found operating a temporary food establishment before
submitting a written application to and with approval from the Health
Department shall be assessed two times the corresponding Class J permit
fee.
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.
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.
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.
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.
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)
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)
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)
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 decisions"
is defined in Section 1 of the Administrative Review Act.[1]
[1]
Editor's Note: See 735 ILCS 5/3-101.
Each temporary food establishment located in the County of McLean,
or its police jurisdiction, is subject to an opening inspection and
as many additional inspections and reinspections as are deemed necessary
by the Health Department for the enforcement of this article.
A.
Access to establishments. The Health Department, after proper identification,
shall be permitted to enter, at any reasonable time, any temporary
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.
B.
Inspection records. Whenever the Health Department makes an inspection
of a temporary 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.
C.
Issuance of notices. Whenever the Health Department makes an inspection
of a temporary 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)
Set forth the specific violations found.
(2)
Establish a specific and reasonable period of time for the correction
of the violations found, substantially as follows:
(a)
Class J temporary food establishment. All violations must be
corrected at the time of the inspection or, at the discretion of the
Health Department, within a period of time not to exceed 24 hours.
(b)
Class K temporary food establishment.
[1]
All priority and priority foundation items must be corrected
at the time of the inspection or, at the discretion of the Health
Department, within a period of time not to exceed 24 hours.
[2]
All core items must be corrected within 24 hours or, at the
discretion of the Health Department, before the establishment is operated
at another single event or celebration.
(3)
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 in § 216-45B, herein.
(4)
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.
D.
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. Time/temperature control for safety food shall be maintained
at a safe temperature of 41° F. (5° C.) or below or 140°
F. (60° C.) or above, as appropriate, except during periods of
preparation and serving.
A.
Embargo orders. 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. 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 the 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.
Post-hearing actions. After the owner or person in charge has had a hearing as provided for in § 216-46 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 article; provided that such order of the Health Department to denature or destroy such food or bring it into compliance with the provisions of this article shall be stayed if the order is appealed to a court of competent jurisdiction within three days.
Food from temporary food establishments outside the jurisdiction
of the Health Department of the County of McLean may be offered within
the County of McLean, if such temporary 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.
The Health Department may require that plans for construction,
remodeling, layout, arrangement and construction materials for any
hereafter constructed or remodeled temporary food establishment be
submitted for approval before such work is begun. A proposed menu
shall be submitted with the plans.
A.
Any temporary 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.
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.
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.
The Health Department may grant a variance if:
(1)
Such variance is consistent with the purpose and intent of the most
current edition of the Illinois Food Code and its associated acts
and codes and this article; and
(2)
It is consistent with the protection of the public health; and
(3)
In the opinion of the regulatory authority, a health hazard or nuisance
will not result from the variance; and
(4)
The circumstances of the temporary food establishment are unique;
and
(5)
The cost of compliance is so great that it would threaten the economic
viability of the temporary food establishment or the temporary food
establishment would be in grave jeopardy if compliance were enforced;
and
(6)
The damage to the temporary food establishment's economic viability
is in fact caused by compliance.
F.
Any temporary food establishment for which a variance has been denied
may appeal such denial by requesting a hearing before the Board of
Health.
A.
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. In addition, adequate cold holding equipment
must be provided to maintain cold time/temperature control for safety
food at 41° F. (5° C.) or below. Mechanical refrigeration
must be provided for temporary food events lasting two days or longer.
Mechanical refrigeration is strongly recommended for all temporary
food events.
B.
Hand-washing facilities must be provided, including a hands-free
flowing-type container with a spout, warm water, liquid soap, single-use/disposable
paper towels, and a container for catching wastewater. Avoid direct
hand contact with ready-to-eat foods by providing gloves, tongs, deli
tissue, etc.
C.
All new or replacement three-compartment sinks shall have two integral
drain boards as original equipment from the manufacturer.
When the Health Department has reasonable cause to suspect the
possibility of disease transmission from any temporary 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.
The immediate exclusion of the employee from all temporary food establishments;
B.
The immediate closure of the food establishment concerned until,
in the opinion of the Health Department, no further danger of disease
outbreak exists;
C.
Restriction of the employee's services to some area of the establishment
where there would be no danger of transmitting disease; and
D.
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.
