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| Public Act 096-0749 |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Counties Code is amended by changing Section | ||||
5-1115 as follows:
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(55 ILCS 5/5-1115) (from Ch. 34, par. 5-1115)
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Sec. 5-1115. Retail food Food service establishments. | ||||
(a) The
county board of any county having a population of | ||||
2,000,000 1,000,000 or
more inhabitants may license and | ||||
regulate and impose license fees on
all retail food service | ||||
establishments in the county except those retail food service
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establishments which are located within any city, village or | ||||
incorporated
town in such county not including, however, | ||||
establishments where food is
sold only as merchandise and not | ||||
prepared to be consumed on the premises.
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(b) The county board of any county having a population of | ||||
less than
2,000,000 1,000,000 inhabitants and having a health | ||||
department created under Division
5-25 may license and regulate | ||||
and impose license fees on all retail food service
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establishments within both the incorporated and unincorporated | ||||
areas of the
county which fall within the jurisdiction of that | ||||
health department as set
forth in Section 5-25008.
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(c) The license fees which may be
imposed under this | ||||
Section must be reasonably related to the cost of
inspecting | ||
and regulating the retail food service establishments. License | ||
fees
for food establishments operated by a unit of local | ||
government, school
district, or not-for-profit organization | ||
may be waived by ordinance of
the county board.
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(d) A county and a municipality may enter into an | ||
intergovernmental agreement that provides for the county's | ||
certified local health department to perform any or all | ||
inspection functions for the municipality. The municipality | ||
must pay the county's reasonable costs. An intergovernmental | ||
agreement shall not preclude a municipality from continuing to | ||
license retail food establishments within its jurisdiction. | ||
(e) For the purpose of this Section, "retail food | ||
establishment" includes a food service establishment, a | ||
temporary food service establishment, and a retail food store | ||
as defined in the Food Service Sanitation Code, 77 Ill. Adm. | ||
Code Part 750, and the Retail Food Store Sanitation Code, 77 | ||
Ill. Adm. Code Part 760. | ||
(Source: P.A. 86-962; 86-1028.)
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Section 10. The Illinois Municipal Code is amended by | ||
adding Section 11-20-15 as follows: | ||
(65 ILCS 5/11-20-15 new) | ||
Sec. 11-20-15. Retail food establishments. | ||
(a) A municipality in a county having a population of | ||
2,000,000 or more inhabitants must regulate and inspect retail | ||
food establishments in the municipality. A municipality must | ||
regulate and inspect retail food establishments in accordance | ||
with applicable federal and State laws pertaining to the | ||
operation of retail food establishments including but not | ||
limited to the Illinois Food Handling Regulation Enforcement | ||
Act, the Illinois Food, Drug and Cosmetic Act, the Sanitary | ||
Food Preparation Act, the regulations of the Illinois | ||
Department of Public Health, and local ordinances and | ||
regulations. This subsection shall not apply to a municipality | ||
that is served by a certified local health department other | ||
than a county certified local health department. | ||
A home rule unit may not regulate retail food | ||
establishments in a less restrictive manner than as provided in | ||
this Section. This Section is a limitation of home rule powers | ||
under subsection (i) of Section 6 of Article VII of the | ||
Illinois Constitution on the concurrent exercise by home rule | ||
units of the powers and functions exercised by the State. | ||
(b) A municipality may enter into an intergovernmental | ||
agreement with a county that provides for the county's | ||
certified local health department to perform any or all | ||
inspection functions for the municipality. The municipality | ||
must pay the county's reasonable costs. An intergovernmental | ||
agreement shall not preclude a municipality from continuing to | ||
license retail food establishments within its jurisdiction. | ||
(c) For the purpose of this Section, "retail food | ||
establishment" includes a food service establishment, a | ||
temporary food service establishment, and a retail food store | ||
as defined in the Food Service Sanitation Code, 77 Ill. Adm. | ||
Code Part 750, and the Retail Food Store Sanitation Code, 77 | ||
Ill. Adm. Code Part 760.
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Section 90. The State Mandates Act is amended by adding | ||
Section 8.33 as follows: | ||
(30 ILCS 805/8.33 new) | ||
Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 | ||
of this Act, no reimbursement by the State is required for the | ||
implementation of any mandate created by this amendatory Act of | ||
the 96th General Assembly.
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