For purposes of this chapter the following words and phrases shall have the following meanings ascribed to them respectively.
(A) “Bakery.” Any place or establishment used for any process of mixing, compounding, or baking, for sale or the purpose of a restaurant, bakery, or hotel, any bread, biscuits, pretzels, crackers, buns, rolls, macaroni, cake, pies, or any food product of which flour or meal is the principal ingredient shall be deemed a bakery for the purpose of this chapter. Restaurant kitchen stoves or ranges, and kitchens or rooms in dwellings where any of these food products are mixed and baked in an ordinary kitchen stove or range shall not be considered to be bakeries.
(B) “Employee.” Any person who handles food or drink during preparation or serving, who comes in contact with any eating or cooking utensils or who is employed at any time in a room in which food or drink is prepared or served.
(C) “Food dealer.” Every person, firm, or corporation engaged in conducting or operating any of the following businesses:
(1) Fruit store or establishment for the retail sale of fresh fruits or berries;
(2) Grocery store or establishment for the sale at retail of butter, cheese, vegetables, or other provisions;
(3) Ice cream parlor;
(4) Meat market or establishment for the retail sale of fresh meat, poultry, or fish;
(5) Retail beverage store or establishment for the sale at retail of any malted, cereal, or vinous nonintoxicating beverages as defined by law; or
(6) Bakery.
(D) “Health officer.” The Will County health department or its designated representatives.
(E) “Itinerant restaurant.” One operating for a temporary period in connection with a fair, carnival, circus, public exhibition, or other similar gathering.
(F) “Restaurant.” Restaurant, coffee shop, cafeteria, short order cafe, luncheonette, tavern, sandwich stand, soda fountain, and all other public eating and drinking establishments as well as all kitchens in which food and drink are prepared for sale to the public.
(G) “Utensils.” Any kitchenware, tableware, glassware, cutlery, utensils, containers, or other equipment with which food or drink comes in contact during storage, preparation, or serving. (‘68 Code, §§ 115.001, 115.100, 115.300; Am. Ord. 956, passed 11-19-85)

(A) It shall be unlawful for any food dealer to engage in or do business in the city without having secured a license therefor. Applications for 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.
(B) The annual fee for licenses shall be as follows:
(1) Fruit store; $30.
(2) Grocery store; $50.
(3) Ice cream parlor; $30.
(4) Meat market or establishment for the retail sale of fresh meat, poultry, or fish; $30.
(5) Retail beverage store or establishment for the sale at retail of any malted, cereal, or vinous nonintoxicating beverage as defined by law; $30. (‘68 Code, § 115.005; Am. Ord. 975, passed 4-22-86; Am. Ord. 1002, passed 4-21-87)

Any food dealer’s license may be revoked by the city council for any violation of the provisions of this chapter or for any violations of any other ordinance provisions relating to the conduct of the business, the condition of the premises, or the license. (‘68 Code, § 115.010) Penalty, see Section 115.99

(A) No person, firm, or corporation shall sell, offer for sale, or keep for the purpose of selling or offering for sale any food of any kind 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 Board of Health or any police officer of the city. (‘68 Code, § 115.015) Penalty, see Section 115.99

No person shall sell, offer for sale, or keep for such purposes, 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 state statutes governing the same. (‘68 Code, § 115.020) Penalty, see Section 115.99

Premises used for the sale or storage of food intended for human consumption must be kept in a clean and sanitary condition. It shall be unlawful to permit any accumulation of refuse or waste of any kind thereon for more than 24 hours. It shall be unlawful to permit any decaying animal or plant matter or waste to remain on any such premises at all. (‘68 Code, § 115.025) Penalty, see Section 115.99

The health officer shall inspect or cause to be inspected every place, building, or establishment used for the storage, handling, sale, or preparation of food or drink intended for human consumption. It shall be the duty of every food dealer to give to the health officer samples of each food or drink necessary for the purpose of making an analysis of the same to determine whether it is clean and wholesome. (‘68 Code, § 115.030) Penalty, see Section 115.99

Cross-reference: Health officer, see Sections 32.50 through 32.53.

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 by the clerk to the health officer for investigation before a license shall be issued. The health officer shall inspect or cause to be inspected the premises used or intended to be used and shall report thereon, recommending or advising against the issuance of the license. (‘68 Code, § 115.035) Penalty, see Section 115.99

Premises used for the storage of food intended for human consumption shall be kept free from flies and vermin of all kinds. (‘68 Code, § 115.040) Penalty, see Section 115.99

All persons engaged in handling or coming in contact with food intended for human consumption shall keep themselves clean and shall keep their clothes clean. It shall be unlawful to permit any person afflicted with a contagious or venereal disease to handle any food intended for sale for human consumption. (‘68 Code, § 115.045) Penalty, see Section 115.99

No person shall use or permit the use of any vehicle including wagons, motor vehicles, and vehicles propelled by human power for the storage or carrying of any meat, poultry, fish, butter, cheese, lard, vegetables, bread or bakery products, or any other provisions intended for human consumption including beverages and milk into the city for the purpose of delivering foodstuffs to any place in the city for use and consumption or for resale in the city for such purposes, unless a license for the vehicle is secured and the provisions of this chapter are fully complied with. (‘68 Code, § 115.050) Penalty, see Section 115.99

Cross-reference: Delivery of milk, see Sections 115.54 and 115.56.

(A) Applications for licenses shall be made to the city clerk and shall recite the name and address of the owner of the vehicle, the name or names of the persons from whom the deliveries are made, and the nature of the goods carried. The clerk shall issue the licenses and shall give to the mayor a list of all licenses issued.
(B) The annual fee for licenses for each vehicle shall be as follows:
(1) Vehicles carrying one ton or less. A fee of $25 if purchased on or before August 15, 1984 or the 15th of each August thereafter; and if purchased after August 15, 1984 or after the 15th of each August thereafter, the fee shall be $35.
(2) Vehicles carrying over one ton but excluding semi-tractors and trailers. A fee of $35 if purchased on or before August 15, 1984 or the 15th of each August thereafter; and if purchased after August 15, 1984 or after the 15th of each August thereafter, the fee shall be $45.
(3) Semi-tractors and trailer. A fee of $45 if purchased on or before August 15, 1984 or the 15th of each August thereafter; and if purchased after August 15, 1984 or after the 15th of each August thereafter, the fee shall be $55. (‘68 Code, § 115.055; Ord. 916, passed 5-15-84) Penalty, see Section 115.99

No license fee shall be required for any vehicle used to deliver foodstuffs from any establishment which is licensed and inspected as a food-dealing establishment in the city. All provisions of this ordinance, other than that providing for the payment of a fee, shall be complied with in connection with such vehicles. (‘68 Code, § 115.060) Penalty, see Section 115.99

(A) All such vehicles shall be kept in a clean and sanitary condition and shall be thoroughly cleaned each day they are so used. It shall be unlawful to permit stale food, decaying matter, or any other waste material or product to accumulate in or on any such vehicle while it is so used.
(B) If unwrapped foodstuffs are transported in any such vehicle, the goods shall be carried in a portion or compartment of the vehicle which is screened and protected against dust and insects. (‘68 Code, § 115.065) Penalty, see Section 115.99

It shall be the duty of the mayor to make or cause to be made such inspections as may be necessary to insure compliance with the provisions of Sections 115.15 through 115.20. (‘68 Code, § 115.070)

Any license issued under the provision of Sections 115.15 through 115.20 may be revoked by the mayor for any violation hereof. The revocations shall be in addition to any fine imposed by virtue of this chapter. (‘68 Code, § 115.075) Penalty, see Section 115.99

(A) No person shall conduct or operate a bakery in the city without having obtained a license therefor.
(B) Applications for licenses shall be referred to the health officer for such inspections as may be necessary to see that the provisions of Sections 115.25 through 115.37 are complied with. (‘68 Code, § 115.105) Penalty, see Section 115.99

Cross-reference: Health officer, see Sections 32.50 through 32.53.

The annual fee for licenses shall be $30.
(‘68 Code, § 115.110; Am. Ord. 975, passed 4-22-86) Penalty, see Section 115.99

Every place used as a bakery shall be kept in a clean and sanitary condition. All parts of the bakery shall be adequately lighted at all times and shall be ventilated by means of windows, skylights, airshafts, ducts, or mechanical apparatus if necessary, to insure a free circulation of fresh air at all times. The ventilation construction and equipment shall be of such character that a complete change of air in all parts of the bakery may be made at least four times each hour. However, it shall not be necessary to ventilate at such times or in such manner that the process of mixing or raising dough shall of necessity be interfered with or prevented. (‘68 Code, § 115.115) Penalty, see Section 115.99

The floor of every place used as a bakery, if below street level, shall be constructed of concrete, cement, asphalt, or other impervious material of tile laid on cement. The floor may, if desired, be covered with a hardwood floor having tight joints or may be of any impervious material, as above provided. (‘68 Code, § 115.120) Penalty, see Section 115.99

Every place used as a bakery shall be kept free from flies, rodents, and vermin of all kinds. (‘68 Code, § 115.125) Penalty, see Section 115.99

No person shall sleep and no sleeping accommodations shall be maintained in any bakery, or in the rooms where flour or meal used in connection therewith or the food products made therein are handled or stored. (‘68 Code, § 115.130) Penalty, see Section 115.99

No animals, except cats, shall be permitted in a bakery or where flour or meal is stored in connection therewith. Suitable provision shall be made to prevent nuisances from the presence of cats. (‘68 Code, § 115.135) Penalty, see Section 115.99

All workmen and employees while engaged in the manufacture or handling of bakery products in a bakery shall provide themselves with slippers or shoes and a suit of washable material which shall be used for that purpose only. These garments shall be kept clean at all times. (‘68 Code, § 115.140) Penalty, see Section 115.99

No person shall expectorate on the floor, walls or furniture of any bakery. Cuspidors sufficient in number to supply the need therefor shall be provided in every bakery and shall be cleaned daily. (‘68 Code, § 115.145) Penalty, see Section 115.99

The use of tobacco in any form in a bakery is prohibited. Notices to this effect shall be placed in a prominent place in every bakery by the proprietor thereof. The absence of such notice shall not excuse any person for a violation of this provision. (‘68 Code, § 115.150) Penalty, see Section 115.99

All rooms for the storage of flour or meal for use in connection with any bakery shall be dry and well-ventilated. Every bakery and room used for the storage of materials and food products in connection therewith shall be arranged so that the shelves, cupboards, trays, troughs, bins, cases, and all other appliances for handling and storing the same can be easily removed and cleaned. (‘68 Code, § 115.155) Penalty, see Section 115.99

Each loaf of bread sold or offered for sale at retail shall bear a tag showing the true weight of the loaf. (‘68 Code, § 115.160) Penalty, see Section 115.99

It shall be the duty of the health officer to make or cause to be made such inspections as may be necessary to insure that the provisions of Sections 115.25 through 115.37 are fully complied with. (‘68 Code, § 115.165) Penalty, see Section 115.99

Cross-reference: Health officer; see Sections 32.50 through 32.53

(A) No person shall operate a restaurant in the city if he does not possess an unrevoked license from the city and if the permit is not posted in a conspicuous place in the place of business. Only persons who comply with the requirements of Sections 115.60 through 115.70 shall be entitled to receive and retain such license. The fee for the license shall be $50 per year.
(B) The license may be suspended by the health officer or revoked after an opportunity for a hearing by the health officer on the violation by the holder of any of the terms of Sections 115.60 through 115.70. (‘68 Code, § 115.305; Am. Ord. 956, passed 11-19-85; Am. Ord. 974, passed 4-22-86) Penalty, see Section 115.99

Every restaurant shall display at all times in a place designated by the health officer a notice approved by the health officer stating the grade of the establishment. (‘68 Code, § 115.310) Penalty, see Section 115.99

Samples of food and drink may be taken and examined by the health officer as often as he deems necessary for the detection of unwholesomeness or adulteration. The health officer may condemn and forbid the sale of or cause to be removed or destroyed any food or drink which he deems unwholesome or adulterated. (‘68 Code, § 115.315) Penalty, see Section 115.99

(A) At least once every six months the health officer shall inspect every restaurant located within the city. In case the health officer discovers the violation of any item of sanitation required for the grade then held, he shall make a second inspection after the lapse of such time as he deems necessary for the defect to be remedied. The second inspection shall be used in determining compliance with the grade requirements of this chapter. Any violation of the same item of this chapter on two consecutive inspections shall call for immediate degrading or suspension of license.
(B) One copy of the inspection report shall be posted by the health officer upon an inside wall of the restaurant. The inspection report shall not be defaced or removed by any person except the health officer. Another copy of the inspection report shall be filed with the records of the health department.
(C) In addition to the posting of the copy of the inspection report, there shall also be posted in the window or on the exterior of the door of the restaurant a placard:

This will certify that

______________________________________________________________

(Insert name of restaurant)

located at

______________________________________________________________

(Insert address of restaurant)

has complied with the City of Wilmington’s standards for a grade

______________________________________________________________

(Insert grade)

restaurant.

______________________________________________________________ City Health Officer

(‘68 Code, § 115.320) Penalty, see Section 115.99

The grading of all restaurants shall be based on the following standards:
(A) Sanitation requirements for grade A restaurants. All grade A restaurants shall comply with all of the following items of sanitation.
(1) Floors. The floors of all rooms in which food or drink is stored, prepared, or served, or in which utensils are washed, shall be of such construction as to be easily cleaned, shall be smooth, and shall be kept clean and in good repair.
(2) Walls and ceilings. Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of rooms in which food or drink is stored or prepared shall be finished in light color. The walls or all rooms in which food or drink is prepared or utensils are washed shall have a smooth, washable surface up to the level reached by splash or spray.
(3) Doors and windows. When flies are prevalent all openings into the outer air shall be effectively screened and doors shall be self-closing, unless other effective means are provided to prevent the entrance of flies.
(4) Lighting. All rooms in which food or drink is stored or prepared or in which utensils are washed shall be well-lighted.
(5) Ventilation. All rooms in which food or drink is stored, prepared, or served, or in which utensils are washed shall be well-ventilated.
(6) Toilet facilities. Every restaurant shall be provided with adequate and conveniently located toilet facilities for its employees, conforming with the ordinances of the city. In restaurants hereafter constructed toilet rooms shall not open directly into any room in which food, drink, or utensils are handled or stored. The doors of all toilet rooms shall be self-closing. Toilet rooms shall be kept in a clean condition, in good repair and shall be well-lighted and well-ventilated. Handwashing signs shall be posted in each toilet room used by employees. In case privies or earth closets are permitted and used, they shall be separate from the restaurant building, and shall be of a sanitary type constructed and operated in conformity with the standards of the State Board of Health.
(7) Water supply. The water supply shall be easily accessible to all rooms in which food is prepared or utensils are washed. It shall be adequate and of safe, sanitary quality.
(8) Lavatory facilities. Adequate and convenient hand-washing facilities shall be provided including warm water, soap, and approved sanitary towels. The use of a common towel is prohibited. No employee shall resume work after using the toilet rooms without washing his hands.
(9) Construction of utensils and equipment. All multi-use utensils and all show and display cases or windows, counters, shelves, tables, refrigerating equipment, sinks, and other equipment or utensils used in connection with the operation of a restaurant shall be so constructed as to be easily cleaned. They shall be kept in good repair.
(10) Cleaning and bactericidal treatment of utensils and equipment.
(a) All equipment including display cases or windows, counters, shelves, tables, refrigerators, stoves, hoods, and sinks, shall be kept clean and free from dust, dirt, insects, and other contaminating material. All cloths used by waiters, chefs, and other employees shall be clean. Single-service containers shall be used only once.
(b) All multi-use eating and drinking utensils shall be thoroughly cleaned and effectively subjected to an approved bactericidal process after each usage. All multi-use utensils used in the preparation or serving of food and drink shall be thoroughly cleaned and effectively subjected to an approved bactericidal process immediately following the day’s operation. Drying cloths, if used, shall be clean and shall be used for no other purpose.
(11) Storage and handling of utensils and equipment. After bactericidal treatment no utensil shall be stored except in a clean dry place protected from flies, dust, or other contamination and no utensil shall be handled except in a manner to prevent contamination as far as practicable. Single-service utensils shall be purchased only in sanitary containers, shall be stored therein in a clean dry place until used, and shall be handled in a sanitary manner.
(12) Disposal of wastes. All wastes shall be properly disposed of and all garbage and trash shall be kept in suitable receptacles in such manner as not to become a nuisance.
(13) Refrigeration. All readily perishable food or drink shall be kept at or below 50° F. except when being prepared or served. Waste water from refrigeration equipment shall be properly disposed of.
(14) Wholesomeness of food and drink. All food and drink shall be wholesome and free from spoilage. All milk, fluid milk products, ice cream, and other frozen desserts served shall be from sources approved by the health officer. Milk and fluid milk products shall be served in the original containers in which they were received from the distributor or from a bulk container equipped with an approved dispensing device. This requirement shall not apply to cream, which may be served from the original bottle or from a dispenser approved for such services. All oysters, clams, and mussels shall be from approved sources.
(15) Storage and display of food and drink. All food and drink shall be stored and displayed to be protected from dust, flies, vermin, unnecessary handling, droplet infection, overhead leakage, and other contamination. No animals or fowls shall be kept or allowed in any room in which food or drink is prepared or stored. All means necessary for the elimination of flies shall be used.
(16) Cleanliness of employees. All employees shall wear clean outer garments and shall keep their hands clean at all times while engaged in handling food, drink, utensils, or equipment.
(17) Miscellaneous. The premises of all restaurants shall be kept clean and free of litter or rubbish. None of the operations connected with a restaurant shall be conducted in any room used as living or sleeping quarters. Adequate lockers or dressing rooms shall be provided for employees’ clothing and shall be kept clean. Soiled linens, coats, and aprons shall be kept in containers provided for this purpose.
(B) Grade B restaurants. Grade B restaurants are those which fail to comply with items 1, 2, 4, 5, or 17 of (A) above but which conform with all other items of sanitation required for grade A restaurants.
(C) Grade C restaurants. Grade C restaurants are those which fail to comply with either the grade A or the grade B requirements.
(D) Itinerant restaurants. Itinerant restaurants shall be constructed and operated in a manner approved by the health officer. (‘68 Code, § 115.325) Penalty, see Section 115.99

(A) No restaurant shall be operated within the city or its police jurisdiction, unless it conforms with the grade A or grade B or approved itinerant restaurant requirements of this article. When any restaurant fails to qualify for any of these grades, the health officer is authorized to revoke the license or, in lieu thereof, to degrade the restaurant and permit its operation during a temporary period not exceeding 30 days.
(B) Any restaurant designated grade C shall be permitted to operate under that grading for a period of 30 days only. At the expiration of the 30-day period the restaurant shall be reinspected. If upon reinspection the restaurant has not qualified for an A or B grade, then its license or permit shall thereupon be immediately revoked and it shall immediately cease to operate within the city. (‘68 Code, § 115.330) Penalty, see Section 115.99

(A) Any restaurant, the grade of which has been lowered and for which all grade displays have been changed or the permit of which has been suspended, may at any time make application for regrading or the reinstatement of the permit.
(B) Within one week after the receipt of a satisfactory application accompanied by a statement signed by the applicant to the effect that the violated item or items of the specifications have been conformed with, the health officer shall make a reinspection and thereafter as many additional reinspections as he may deem necessary to assure himself that the applicant is again complying with the higher grade requirements. In case the findings indicate compliance, he shall award the higher grade or reinstate the permit. (‘68 Code, § 115.335) Penalty, see Section 115.99

No article, polish, or other substance containing any cyanide preparation or other poisonous material shall be used for the cleansing or polishing of utensils. (‘68 Code, § 115.340) Penalty, see Section 115.99

Notice shall be sent to the health officer immediately by the restaurant manager or by the employee concerned if he or any employee contracts any infectious, contagious, or communicable disease or has a fever, a skin eruption, a cough lasting more than 3 weeks, or any other suspicious symptom. It shall be the duty of any employee to notify the restaurant manager immediately when any of the aforementioned conditions exist. If neither the manager nor the employee concerned notifies the health officer immediately when any of the conditions exist, they shall be held jointly and severally to have violated this section. A placard containing this section shall be posted in all toilet rooms. (‘68 Code, § 115.345) Penalty, see Section 115.99

When suspicion arises as to the possibility of the transmission of infection from any restaurant employee, the health officer is authorized to require any or all of the following measures:
(A) The immediate exclusion of the employee from all restaurants;
(B) The immediate closing of the restaurant concerned until in the opinion of the health officer no further danger of disease outbreak exists;
(C) Adequate medical examinations of the employee and of his associates, with such laboratory examinations as may be indicated. (‘68 Code, § 115.350) Penalty, see Section 115.99

Sections 115.60 through 115.69 shall be enforced by the health officer of the city. If any provision of Sections 115.60 through 115.69 shall conflict with any law, rule, or regulation of the county health department or of the state, then such law, rule, or regulation shall control to the extent of such conflict. (‘68 Code, § 115.355; Am. Ord. 956, passed 11-19-85) Penalty, see Section 115.99

Any person, firm or corporation violating any provision in this title, for which another penalty is not provided, shall for a first conviction be fined not less than $25 nor more than $750, for a second conviction within one year thereafter, the person, firm or corporation shall be fined not less than $100 nor more than $750 and for a third or subsequent conviction within one year after the first conviction, the person, firm or corporation shall be fined not less than $250 nor more than $750. A separate offense shall be deemed committed on each day during or which a violation occurs or continues. (Ord. 850, passed 4-6-82; Am. Ord. 956, passed 11-19-85; Ord. 1574, passed 7-15-03)