(a) (1) Retail food establishment – License required – Exceptions. Except as otherwise provided in subsection (e)(2) of this section, no person shall engage in the business of a retail food establishment without first having obtained a retail food establishment license.
(2) Retail food establishment operating a pop-up food establishment at another location – Recordkeeping required. A person holding a valid retail food establishment license under this chapter is authorized, during the duration of such license, to operate a pop-up food establishment at a location other than the premises for which the retail food establishment license was obtained without first having to obtain a pop-up food establishment user license under Section 4-8-044. Provided, however, that the following requirements shall apply: (A) Such retail food establishment licensee shall keep and maintain written records meeting the requirements of items (i) through (vii), inclusive, of Section 4-8-044(f)(6)(i) and of Section 4-8-044(f)(6)(ii) for each premises where the retail food establishment licensee operates a pop-up food establishment; and (B) If such retail food establishment licensee seeks to operate a Tier II or Tier III pop-up food establishment at such premises, the retail food establishment licensee shall ensure that the owner or lessee of that premises holds either a valid: (i) pop-up food establishment host license under Section 4-8-045; or (ii) shared kitchen license within the meaning of Section 4-8-038(b); or (iii) retail food establishment and shared kitchen supplemental license within the meaning of Section 4-8-038(b); and (C) If such retail food establishment licensee operates a Tier II pop-up food establishment at the applicable premises, only food which has been prepared, packaged and stored at such licensee’s properly licensed retail food establishment shall be sold or served at such licensee’s pop-up food establishment; and (D) Under no circumstances shall the retail food establishment licensee operate a pop-up food establishment at the same location for a period in excess of 90 days within any 365-day period or at a location where such operation is prohibited under the Chicago Zoning Ordinance.
(b) Wholesale food establishment – License required – Exceptions. Except as otherwise provided in subsection (e)(3) of this section, no person shall engage in the business of a wholesale food establishment without first having obtained a wholesale food establishment license.
(c) (1) Mobile food dispenser – License required. No person shall engage in the business of a mobile food dispenser without first having obtained a mobile food vendor license to engage in a mobile food dispenser business.
(2) Produce merchant – License required. No person shall engage in the business of a produce merchant, or operate or maintain a produce stand, without first having obtained a mobile food vendor license to engage in a produce merchant business.
(3) Mobile food preparer – License required. No person shall engage in the business of a mobile food preparer without first having obtained a mobile food vendor license to engage in a mobile food preparer business.
(4) Mobile desserts vendor – License required. No person shall engage in the business of a mobile frozen desserts vendor without first having obtained a mobile food vendor license to engage in a mobile frozen desserts vendor business.
(5) Mobile prepared food vendor – License required. No person shall engage in the business of a mobile prepared food vendor without first having obtained a mobile food vendor license to engage in a mobile prepared food vendor business.
(d) Shared kitchen – License required. No person shall engage in the business of a shared kitchen without first having obtained a shared kitchen license under Section 4-8-038.
(e) (1) Shared kitchen user – License required. Except as otherwise provided in subsection (e)(4) of this section, no person shall engage in the business of a shared kitchen long-term user or shared kitchen short- term user without first having obtained a shared kitchen user license under Section 4-8-039.
(2) Shared kitchen user – No retail food establishment license required when. If a person holds a valid shared kitchen user license under this chapter to engage in the business activity of shared kitchen long-term user or shared kitchen short-term user, such person shall not be required to obtain a retail food establishment license to engage in such activity in a properly licensed shared kitchen.
(3) Shared kitchen user – No wholesale food establishment license required when. If a person holds a valid shared kitchen user license under this chapter to engage in the business activity of shared kitchen long- term user or shared kitchen short-term user, such person shall not be required to obtain a wholesale food establishment license to sell or offer for sale at wholesale any article of food, confection, condiment, drink or ice prepared by such person in a properly licensed shared kitchen.
(4) Outdoor special event permittees – No shared kitchen user license required when. If a person holds a valid outdoor special event permit issued under Section 10-8-335, such person shall not be required to obtain a shared kitchen user license under this chapter to rent, lease or otherwise use kitchen space in a properly licensed shared kitchen to prepare any article of food, confection, condiment, drink or ice used or intended for use at the outdoor special event for which such outdoor special event permit has been issued.
(5) Shared kitchen user – Pop-up food establishment user license required when. A person holding a valid shared kitchen long-term or short-term user license under Section 4-8-039 is authorized, during the duration of such license, to operate a pop-up food establishment at a particular location, if the shared kitchen user licensee obtains a pop-up food establishment user license under Section 4-8-044. Any such user license shall be issued free of charge to shared kitchen user licensees under this chapter.
(g) Pop-up food establishment – Host license required when. No owner or lessee of any premises shall allow any person to engage in the business of pop-up food establishment on such premises unless:
(1) the premises is properly zoned for such activity; and
(2) if the pop-up food establishment user requires a Tier II or Tier III pop-up food establishment user license under Section 4-8-044 to operate on the premises, such owner or lessee holds either a valid: (i) pop-up food establishment host license under Section 4-8-045; or (ii) shared kitchen license within the meaning of Section 4-8-038(b); or (iii) retail food establishment license and shared kitchen-supplemental license within the meaning of Section 4-8-038(b); and
(3) the person engaged in the business of pop-up food establishment at such premises holds, as applicable, a valid Tier I, Tier II or Tier III pop-up food establishment user license under Section 4-8-044 and is operating at all times within the scope of the applicable license.
(i) Except as otherwise provided in subsections (e)(2) or (e)(3) of this section, if a person engages in both retail and wholesale food sales at the same establishment, only a retail food establishment license shall be required.
(j) It shall be unlawful for any person to permit the installation, operation, or maintenance upon his premises of any automatic food-vending machine owned or operated by a person who has not obtained a license in accordance with the provisions of this chapter.
(k) Nothing in this chapter shall be construed to prohibit the sale of whole and uncooked fruits and vegetables from a mobile food vehicle used to conduct a mobile food dispenser or mobile food preparer business, or otherwise as permitted in accordance with Section 4-244-010 and 4-244-020 pertaining to peddlers.
(l) All charitable food dispensing establishments shall be exempt from the retail food establishment license.
(m) A charitable food vendor shall not need to obtain a mobile food vendor license to operate as a charitable food vendor.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 6-10-96, p. 23652; Amend Coun. J. 1-11-07, p. 95881, § 2; Amend Coun. J. 5-4-11, p. 117699, § 2; Amend Coun. J. 5-9-12, p. 27485, § 17; Amend Coun. J. 6-6-12, p. 28654, § 1; Amend Coun. J. 7-25-12, p. 31326, § 1; Amend Coun. J. 9-24-15, p. 6984, § 3; Amend Coun. J. 2-22-17, p. 43916, Art. II, § 1; Amend Coun. J. 12-13-17, p. 63286, § 2; Amend Coun. J. 9-20-18, p. 84293, § 5; Amend Coun. J. 3-23-22, p. 45620, § 2; Amend Coun. J. 6-21-23, p. 1515, § 2)