Attorney General Opinions

Counties may regulate school district cafeterias

Counties may require school districts to obtain food service licenses and to pay fees for them. The Illinois attorney general released this opinion on May 8 in response to an inquiry from the state's attorney of Peoria County. The decision rests on statutes allowing counties to regulate public health (Ill. Rev. Stat. 1985, ch. 111 1/2, sec. 20c et seq. and ch. 34, sec. 419), on earlier opinions and on case law going back to 1924.

The opinion holds that counties have the duty to inspect school cafeterias for compliance with health regulations. Regulations governing licensing and inspection of food service facilities may be applied to schools if a county has a public health department. License fees "must bear a reasonable relationship to the cost of regulation and inspection. "(File 86-4)

Medical center district authorized to build center for elderly

The Medical Center Commission may authorize the construction of a multipurpose center for the elderly and disabled within the Chicago Medical Center District. The aims of such a center meet the requirements of the Medical Center District Act, which allows the commission to authorize the construction of "any building or structure which may be of use or benefit in the practice of medical science treatment of human aliments" (Ill. Rev. Stat. 1983, ch. 111 1/2, sec. 5005).

The proposed center would be constructed on city land at 2102 West Ogden Avenue. The Chicago Department on Aging and Disability plans to use it to offer health and nutritional services to residents of the city's central west region. These include health education, screening, nutrition education and a communal dining site. Cooperative programs will be undertaken with the University of Illinois' Geriatric Medicine Program, the West Side Medical Center of the Veterans' Administration and the Chicago Department of Health. (File 86-3)

July 1986/Illinois Issues/37