§ 24-5. Food Handler License.

(a)

License required. No food handler shall operate within the village without a valid license issued by the village.

(b)

Annual fee. The annual fee for a Food Handler License shall be based upon the facility classifications set forth in the Food Service Code (Ill. Admin. Code, ch. 77, pt. 750, 750.10), and are as follows:

(1)

Category I Facility: $175.00.

(2)

Category II Facility: $305.00.

(3)

Category III Facility: $435.00.

(c)

Single Event Food Handler Permit.

(1)

Requirement. A Single Event Food Handler Permit is required for any food handler preparing food for a single specified event, including, but not limited to, fairs, festivals, fundraisers, and celebrations, where the food will be prepared on-site at a location other than at a facility where a Food Handler License under this section is otherwise required.

a.

The Village Sanitarian shall have the authority to require a Single Event Food Handler Permit when in his/her determination the type of food and/or the conditions under which it is being handled or stored at the event, make it is necessary to protect against, or minimize the risk of, public health hazards.

b.

Food handlers that currently hold a valid Food Handler License issued by the village under subsections (a) and (b) of this section, are not exempt from the requirement to obtain a Single Event Food Handler Permit to the extent that the food preparation is occurring at a location other than at the facility for which the Food Handler License applies.

(2)

Application submittal. A complete application for a Single Event Food Handler Permit shall be made to the Department of Community Development on a form to be supplied by the village and must be filed with the Department of Community Development at least ten business days, excluding holidays, prior to the proposed specified event.

(3)

Permit fee and surcharge for late filing. The fee for the issuance of a Single Event Food Handler Permit shall be $25.00. In addition to payment of the permit fee stated herein, any applicant whose permit application is not filed at least ten business days prior to the proposed specified event as required by subsection (c)(2) of this section, shall also pay to the village a surcharge of $25.00 prior to any review of the application by the Department of Community Development.

(4)

Duration. The Single Event Food Handler Permit shall be valid only for the event and dates specified on the permit. To the extent an event covered by this subsection is held on a subsequent occasion, or on a periodic basis (such as an annual fair), a new permit must be obtained and the permit fee must be paid for each separate event.

(d)

Unwholesome or adulterated food. No licensee shall sell, offer for sale or keep for the purpose of selling or offering for sale any food or beverages intended for human consumption which is spoiled or tainted or is unwholesome or unfit for human consumption, or which has been adulterated in any material way, or which does not comply with applicable federal, state, and county statutes, regulations, or ordinances. All tainted, unwholesome or adulterated food or beverages intended for human consumption may be condemned by the Sanitarian and shall thereupon be seized and destroyed by the Sanitarian or any police officer.

(e)

Condition of premises. Premises used for the sale or storage of food or beverages intended for human consumption must be kept in a clean and sanitary condition under regulations prescribed by the Sanitarian.

(f)

Refrigerated locker. The following regulations shall apply to a food handler that operates a refrigerated locker in which compartments are rented, leased or made available to anyone other than the applicant:

(1)

The application shall state, in addition to the information required under section 24-2(b), the number of units maintained on the premises, the size of each unit, and the number of separate units which will be rented to or used by persons other than the owner.

(2)

No license shall be issued if the refrigerated locker does not comply with the laws of the State pertaining thereto.

(3)

No refrigerated locker shall be operated so as to bear a live load of 100 or more pounds per square foot.

(4)

No food shall be stored in any refrigerated locker unless such food has been frozen to a temperature of zero degrees Fahrenheit or below before being so stored; and the lockers or compartments used for the refrigerated storage of food must be kept at all times at a temperature below 15 degrees Fahrenheit.

(g)

Sale from vehicles. It shall be unlawful to sell, offer for sale, or peddle any candy, ice cream, confection, or other food or beverage for human consumption from any motor vehicle or other vehicle or cart of any kind, upon any public street or other public property, unless pursuant to a temporary use permit issued under the provisions of appendix A, the Zoning Ordinance.

(h)

Incorporation of other laws and regulations. The following federal and state food service sanitation codes, ordinances and regulations are hereby adopted by reference, three copies of which are on file in the office of the Village Clerk:

(1)

The unabridged form of the 1976 and subsequent editions of the U.S. Food and Drug Administration's Food Service Sanitation Ordinance, or such successor regulations as may be promulgated;

(2)

Rules 750.540, 750.550 and 750.560 of the current Illinois Department of Public Health's Food Service Sanitation Rules and Regulations, or such applicable successor regulations as may be promulgated by the Illinois Department of Public Health.

(i)

Inspection. The Sanitarian shall make regular inspections of the building or premises used by a food handler to assure that they are being operated in accordance with this Code, other village ordinances, and the laws of the State pertaining thereto.

(j)

Reinspection and fee. If the Sanitarian, during the course of a regular inspection, finds that a food handler is not operating in accordance with this Code, other village ordinances, or the laws of the State pertaining thereto, the Sanitarian may allow the food handler to continue to operate, provided that the food handler shall be required to correct the unlawful condition by a specified date, and provided that the conduct of the business or activity pending the correction of the condition will not endanger the public health, safety or welfare. The Sanitarian shall reinspect the building or premises used by the food handler to verify that the condition has been corrected by the specified date. If the Sanitarian is required to make more than one reinspection before the food handler corrects the condition, the food handler shall be required to pay a reinspection fee of $100.00 for each reinspection after the first reinspection.

(Code 1993, § 5-2.3; Ord. No. 94-0-5, 3-13-1994; Ord. No. 2003-O-89, 11-24-2003; Ord. No. 2005-O-104, 11-21-2005; Ord. No. 2007-O-87, 11-27-2007; Ord. No. 2009-O-72, 11-24-2009; Ord. No. 2010-O-71, 11-23-2010; Ord. No. 2011-O-20, 4-12-2011)