Division 2. Food Dealers
For statutory provisions authorizing municipalities to regulate the sale of food, see 65 ILCS 5/11-20-2; for provisions authorizing the regulation and inspection of all food for human consumption, see 65 ILCS 5/11-20-3.
Chapter 8.28
GENERAL PROVISIONS
Sections:
8.28.090 Sanitary regulations.
8.28.110 Employee regulations.
8.28.010 Definitions.
A. “Food dealer,” as used in this division, means and includes every person, firm or corporation engaged in conducting or operating any of the following businesses:
1. Beverage dealers, wholesale;
2. Fruit store, or establishment for the retail sale of fresh fruit and berries;
3. Grocery store, or establishment for the sale at retail of butter, cheese, vegetables or other provisions;
4. Ice cream parlor;
5. Meat market, or establishment for the retail sale of fresh meat, poultry or fish;
6. Soft drink dealers, retail;
7. Bakeries, or any establishment for the mixing, compounding or baking for sale or purpose of a restaurant, any bread or breadstuffs, or any food product of which flour or meal is the principal ingredient; provided, that when places where such foodstuffs are baked are in restaurant kitchens for consumption in such restaurants only, or in dwellings where such foodstuffs are baked on ordinary stoves or ranges for consumption on premises only, such places shall not be considered as bakeries;
8. Food manufacturers.
B. “Food,” as used in this division, includes beverages.
8.28.020 License required.
It is unlawful for any food dealer to engage in or do business in the village without first having secured a license therefor. Applications for such licenses shall be made in compliance with the general provisions of this code relating thereto, and shall state the kind of food intended to be sold or handled.
8.28.030 License application.
All applications for a license to conduct a business connected with the storage, handling, sale or preparation of food or drink intended for human consumption shall be referred to the health officer, who shall make or cause to be made an investigation of the premises to be used, and report his finding thereon, recommending or advising against the issuance of the license.
8.28.040 Fees.
The annual fee for such licenses shall be one hundred ten dollars per year for each such food dealer whose store or other place of business occupies two thousand square feet or less of area; for food dealers whose store or other place of business occupies in excess of two thousand square feet of area, an additional fee of twenty-eight dollars shall be added for each additional one thousand square feet or part thereof. In computing square foot area, storage, office and basement space shall be included in such computation. (Ord. 2010-08A § 28, 2010; Ord. 2010-08 § 28, 2010; Ord. 2004-25 § 1, 2004; Ord. 89-5 § 54, 1989; Ord. 84-5 § 47, 1984)
8.28.050 License revocation.
Any food dealer’s license may be revoked by the president and board of trustees for repeated violation of the provisions of this chapter, or for any violation of any other ordinance provision relating to the conduct of the business, the condition of the premises, the article sold, or to the license required.
8.28.060 Double licensing.
Any person, firm or corporation licensed to sell any of the foods or beverages for the sale of which a license is required by the terms of this division may conduct, on the same premises and in connection with the licensed business, any other business mentioned in this chapter without paying any additional fee therefor; provided, that the fee paid for the licensed business is at least as great in amount as the fee required for the other business so conducted. This section shall not be so construed as to relieve any such applicant from the regulatory requirement to such business.
8.28.070 Unwholesome food.
A. No person, firm or corporation shall offer for sale or keep for the purpose of selling or offering for sale, any food of any kind intended for human consumption which is spoiled or tainted or is unwholesome and unfit for human consumption for any reason.
B. All tainted or unwholesome food intended for human consumption may be condemned by the board of health, and shall thereupon be seized and destroyed by the health officer or any policeman.
8.28.080 Adulteration.
It is unlawful to sell, or offer for sale, or keep for such purpose, any food or drink intended for human consumption which has been adulterated by any material harmful in any way, or which does not comply with the statutes governing the same.
8.28.090 Sanitary regulations.
Premises used for the sale or storage of food intended for human consumption must be kept in a clean and sanitary condition. It is unlawful to permit any accumulation of refuse or waste of any kind to remain therein for more than twenty-four hours, and it is unlawful to permit any decaying animal or plant material to remain on such premises. No dogs, cats or other animals shall be permitted on such premises.
8.28.100 Flies and vermin.
Premises used for the storage, preparation or sale of food intended for human consumption shall be kept free from flies, vermin and rodents.
8.28.110 Employee regulations.
A. All persons engaged in handling or coming in contact with food intended for sale for human consumption shall keep themselves clean, both as to person and clothing.
B. It is unlawful for any person who is afflicted with, or a carrier of, any infectious or contagious disease, to handle or be engaged in the care of or preparation of any such food; and it is unlawful to permit any such person to be employed in or about any premises where food is stored, prepared or sold, or to deliver such food.