DIVISION II – ENFORCEMENT PROVISIONS

          18-1-5        PERMIT.  It shall be unlawful for any person to operate a food service establishment, mobile food unit, temporary food service establishment, seasonal food service establishment, or retail food store within the County of Union, State of Illinois, who does not possess a valid permit issued to them by the Health Authority.  Only a person who complies with the requirements of this Code shall be entitled to
receive and retain such a permit.  Permits shall not be transferable from one person to another person or place.  A valid permit shall be posted in a conspicuous place in every food service establishment in view of the consuming public.

Permits for permanent food service establishments, mobile food units, seasonal food service establishments, and retail food stores shall remain the property of the Health Authority and shall expire on December 31 of the year of the date of issuance or expiration of the permit time period.  Permits for temporary food service establishments and temporary retail food stores shall be issued for a period of time not to exceed fourteen (14) days.

          18-1-6        ISSUANCE OF PERMITS.  Any person desiring to operate a food service establishment, mobile food unit, seasonal food service establishment, or retail food store or to renew an expired permit shall make written application for a permit on forms provided by the Health Authority.  Such application shall include; the applicant’s full name and post office address and whether such applicant is an individual, firm, or corporation, and a partnership, the names of partners, together with their addresses shall be included; the location, risk factor, category, seating capacity of food service establishments, square footage of retail stores, and type of the proposed food service establishment or retail food store; and the signature of the applicant or applicants.  If the applicant is for a temporary food service establishment or retail food store it shall also include the inclusive dates of the proposed operation.

          (A)               Upon receipt of an initial application, the Health Authority shall make an inspection of the establishment to determine compliance with the provisions of this Code.  When inspection reveals that the applicable requirements of this Code have been met, a permit shall be issued to the applicant by the Health Authority.

            18-1-7           RENEWAL OF PERMITS.  If upon the receipt of an application to renew a permit the Health Authority, after review of the records or inspection of the facility, determines that the facility has failed to correct serious or repeated violations of this Code, the permit will not be issued and the Health Authority shall notify the applicant immediately thereof.  Such notice shall state the reasons for not renewing the permit.  The applicant will be given a specific time period to correct the violations by the Health Authority.  An inspection of the establishment shall be conducted after the given time period.  If the violations have been corrected, the Health Authority will then issue the permit.  If the violations have not been corrected, the permit will not be issued and a notice for a hearing shall be issued.  Such notice shall state that an opportunity for a hearing shall be provided for the applicant upon their written request.  The hearing will be held at a time and place designated by the Health Authority.  Such hearing shall be scheduled not later than ten (10) working days from the date requested is received.  The notice referred to in this paragraph shall be delivered to the applicant in person by the Health Authority or may be sent registered mail, return receipt requested.  A permit which has expired shall be removed from the establishment and returned to the Health Authority.

          18-1-8        SUSPENSION OF PERMIT.  Permits may be suspended temporarily by the Health Authority for failure of the permit holder to comply with the requirements of this Code.  Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of Division II of this Code, the permit holder or operator shall be notified in writing that the permit is, upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the Health Authority by the permit holder.  Upon suspension of the permit all food service activities shall cease and resume only after the permit is reinstated.

Upon the suspension of the permit, the permit shall be removed from the establishment and returned to the Health Department.  Notwithstanding the other provisions of this Code, whenever the Health Authority finds unsanitary or other conditions on operation of a food service establishment or retail food store which, in their judgment, constitute a substantial hazard to the public health, they may without warning, notice of 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 immediately suspended, and all operations as a food service establishment or retail food store are to be immediately discontinued.  Any person to whom such an order is issued shall comply immediately therewith, but upon written petition to the Health Authority shall be afforded a hearing as soon as possible.

          18-1-9        REINSTATEMENT OF SUSPENDED PERMITS.  Any person whose permit has been suspended may, at any time, make application for reinspection for the purpose of reinstatement of the permit.  Within ten (10) working days following receipt of the written request, including a statement signed by the applicant that in his opinion the conditions causing suspension of the permit have been corrected, the Health Authority shall make a reinspection.  If the applicant is complying with the requirements of this Code, the permit shall be reinstated.

          18-1-10      REVOCATION OF PERMITS.  For serious or repeated violations of any of the requirements of this Code, or for interference with the Health Authority in the performance of their 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 Health Authority 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 (10) working days following service of such notice, unless a request for a hearing is filed with the Health Authority, by the permit holder, within the ten (10) day period.  A permit may be suspended for a cause pending its revocation or a hearing related hereto.

Upon revocation of an establishment’s permit, the Health Authority shall notify the State’s Attorney of the county in which the establishment is located.  It shall be the State’s Attorney’s office to enforce closure of the establishment.

          18-1-11  –  18-1-12       RESERVED.