4-8-020 Licensing requirements – Exceptions.

   (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.

   (f)   Pop-up food establishment – User license required when. Except as otherwise provided in Section 4-8-020(a)(2), no person shall engage in the business of a pop-up food establishment without first having obtained a pop-up food establishment user license under Section 4-8-044.

   (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.

   (h)   Except as otherwise provided in Section 4-8-020(a)(2), Section 4-8-039(b), or Section 4-8-044(c)(2), or Section 4-212-040(c), a separate license shall be required for each separate place of business.

   (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)

4-8-025 License issuance prohibited.

   No license shall be issued to:

   (a)   A person whose license issued under this chapter has been revoked for cause within the past three years; or

   (b)   A corporation, partnership, limited partnership or limited liability company, if any of the officers, substantial owners, members or other individuals required to be identified in the license application pursuant to Section 4-4-050 would not be eligible to receive a license under subsection (a).

(Added Coun. J. 3-10-99, p. 91044)

4-8-030 License – Application and nontransferability.

   (a)   Unless otherwise provided, an application for any license required pursuant to this chapter shall be made in conformity with the general requirements of Chapter 4-4 of the Municipal Code relating to applications for licenses. The applicant shall provide the Department of Health such information as the Department may require in order to inform it fully as to the size and nature of the place to be used for the purpose of the business, the conditions, equipment, vehicles and facilities used for conducting the business, and such other information as may be required in the provisions of this chapter pertaining to the particular type of license applied for. As part of the written application, the applicant shall specify the activities to be carried out under the license. If at any time following the issuance of a license the licensee plans to add other activities not referred to in application, then the licensee shall so inform the Department of Business Affairs and Consumer Protection and the Department of Health – food and dairy division in writing.

   (b)   Except as otherwise provided in this chapter, the Commissioner of Business Affairs and Consumer Protection shall issue no license pursuant to this chapter, and the applicant shall neither prepare, process nor sell any food, unless the Department of Health shall have inspected and approved the applicant’s premises, vehicles, vending machines and other equipment and facilities for compliance with the Municipal Code of Chicago and the rules of the Department of Health.

   (c)   In addition, an applicant for a retail food establishment license or shared kitchen license shall file an affidavit with the Department of Business Affairs and Consumer Protection verifying that any structural, plumbing, electrical, or ventilation changes made to the premises for which the license is sought, while such premises were under the ownership or control of the applicant, were done pursuant to a valid building permit.

   (d)   No license issued pursuant to this chapter shall be transferred from one person to another or from one place of business to another. Upon change of ownership, a new application made in conformity with the general requirements of this Municipal Code shall be submitted and the Department of Health shall inspect and recommend for approval as provided in this chapter.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 6-10-96, p. 23652; Amend Coun. J. 9-29-04, p. 32144, § 3; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 5-4-11, p. 117699, § 3; Amend Coun. J. 12-13-17, p. 63286, § 2)

4-8-031 Retail food establishment – Dog-friendly areas.

   (a)   For purposes of this section the following definitions apply:

   "Commissioner" means the Commissioner of Business Affairs and Consumer Protection.

   "Dog-friendly area" means a dining area of a retail food establishment that is:

      (1)   located outside; and

      (2)   accessible from the street.

   (b)   No retail food establishment shall permit any animal, other than a service animal assisting a person with a disability, on any portion of the retail food establishment’s premises, unless all of the requirements in subsection (d) of this section are complied with.

   (c)   In addition to the general application requirements for a retail food establishment license, a retail food establishment shall provide a statement as to whether the applicant desires to establish a dog-friendly area at the retail food establishment, other than persons with a disability requiring the assistance of a service animal, to bring their dogs while the patron is frequenting the retail food establishment.

   (d)   If a retail food licensee allows patrons of the establishment to bring dogs on any portion of the retail food establishment, other than a service animal assisting a person with a disability, the following requirements shall apply:

      (1)   dogs shall only be permitted in dog-friendly areas;

      (2)   dogs shall not be permitted to be in or travel through any indoor portion of the retail food establishment, or in any area where food is prepared;

      (3)   any dog not kept on a leash at all times or not kept under control by its owner shall be immediately removed from the retail food establishment’s premises. The licensee shall have the right to refuse to serve the owner of any dog if the owner fails to keep the dog on a leash, or to exercise reasonable control over the dog, or the dog is otherwise behaving in a manner that compromises or threatens to compromise the health or safety of any person present in the retail food establishment;

      (4)   only dogs bearing a current rabies vaccination tag or other proof of current rabies vaccinations shall be permitted in the dog-friendly areas;

      (5)   a sign shall be posted in a conspicuous place in the retail food establishment indicating whether the retail food establishment permits dogs. The size and language on the sign shall be as set forth in the rules of the Department of Health;

      (6)   the dog-friendly area, including all furniture, fixtures, and walking surfaces, shall be made of hard surfaces that can be washed with soap and water, hosed down and sanitized;

      (7)   the table and chairs at which patrons with dogs are seated shall be cleaned and sanitized between seating of patrons;

      (8)   in the event any patron’s dog bites or attacks a person while on the retail food establishment’s premises, the licensee shall immediately notify 311;

      (9)   while on the retail food establishment’s premises, a dog shall not be provided food, either by the employees or by patrons, though a dog may be provided water;

      (10)   dogs shall not have any contact with any food, food contact surfaces, serving dishes, utensils, tableware, linens, paper products or any other food serving products; and

      (11)   the retail food establishment’s employees shall not have contact with the dogs. If any employee has contact with a dog or a surface touched by a dog, the employee shall immediately wash his/her hands before continuing with any food service work.

   (e)   The Department of Health shall promulgate rules for the administration and enforcement of this section. The rules shall include, but not be limited to, adequate controls to ensure compliance with the Illinois Food, Drug and Cosmetic Act, the Illinois Food Handling Regulation Enforcement Act, the Illinois Sanitary Food Preparation Act, and any other applicable statutes and ordinances.

   (f)   Upon the determination that a person has violated a provision of this section, or any rule promulgated hereunder, the Commissioner of Business Affairs and Consumer Protection or Commissioner of Health may institute an administrative adjudication proceeding with the Department of Administrative Hearings by forwarding a copy of a notice of violation or a notice of hearing, which has been properly served, to the Department of Administrative Hearings; provided however, that if the Commissioner recommends the suspension or revocation of the retail food establishment license, the Commissioner shall make such recommendation to the Department of Business Affairs and Consumer Protection in accordance with the requirements of Chapter 4-4 of the Municipal Code.

   (g)   This section shall be enforced by the Department of Business Affairs and Consumer Protection and the Department of Health.

   (h)   Any person who violates any provision of this section or any rule or regulation promulgated hereunder shall be fined not less than $200.00 and not more than $1,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

(Added Coun. J. 9-5-07, p. 6866, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 1-13-10, p. 83191, § 1; Amend Coun. J. 5-9-12, p. 27485, § 19; Amend Coun. J. 12-13-17, p. 63286, § 2)

4-8-032 License – Application – Automatic food vending machine business.

   (a)   In addition to the general application requirements for a retail food establishment license, if a license applicant intends to engage in the automatic food vending machine (A.F.V.M.) business, he shall supply the following information:

      1.   A list of all vending machines operated by him and their location and the location of all commissaries or other establishments from which his machines are serviced. This information shall be available to the health authority upon request, and shall be kept current;

      2.   The identity and form of the products to be dispensed through vending machines; the types of A.F.V.M. machines intended to be operated, a description of each type, the number of employees, and such other information as the Department of Health may require in order to inform it fully as to the types of machines and kinds of food to be dispensed of therein. The applicant shall notify the Department of Health of any change in operations involving new types of vending machines, or conversion of existing machines to dispense products other than those for which the machine was built and for which the license was issued.

   (b)   Prior to issuing a retail food establishment license which shall authorize a licensee to engage in the automatic food-vending machine business, the Department of Health shall approve the type of vending machine intended to be operated and shall make an inspection of the premises of the applicant, the commissary, supply storage, servicing, cleaning and sanitizing, and transport facilities and representative vending machines to determine their fitness from the standpoint of insuring protection of the food from improper handling, contamination and spoilage.

(Amend Coun. J. 6-10-96, p. 23652; Amend Coun. J. 4-16-97, p. 42588; Amend Coun. J. 12-13-17, p. 63286, § 2)

4-8-034 Automatic food vending machine identification.

   Every automatic food vending machine, including machines operated under the prepackaged, nonperishable food exemption, shall be identified with the name and business address of the person or firm responsible for the maintenance of the machine and the address of the commissary serving that particular machine. Identification should be placed in a location visible to the public by means of a card, emblem, sticker or similar device. If the machine is maintained by a licensed food vending machine business, the identification shall also include the business’ retail food establishment license number. Failure to properly affix and maintain such identification shall constitute a violation of this chapter, and in addition to any other measures provided for herein the Department of Health may order any such unidentified machine removed or sealed and disabled.

(Amend Coun. J. 4-16-97, p. 42588; Amend Coun. J. 12-13-17, p. 63286, § 2)

4-8-036 License – Application and category– Mobile food vendors.

   (a)   In addition to the general application requirements,

      (1)   an applicant for a mobile food vendor license to engage in a mobile food dispenser, mobile food preparer, mobile prepared food vendor or mobile frozen desserts vendor business shall supply the name and address of the commissary where the vehicle or cart will be cleaned and serviced, and if the vehicle or cart is not stored at the commissary, the name and address of the place where such vehicle or cart will be stored when not in use. The Department of Health shall approve such locations;

      (2)   an applicant for a mobile food vendor license to engage in a mobile food dispenser, mobile prepared food vendor or mobile food preparer business shall complete a consultation with the Department of Health to review the proposed business practices, the vehicle and equipment to be used, and food safety operations prior to obtaining a mobile food vendor license. As part of this consultation, the applicant shall provide a proposed menu including a list of all food items the applicant intends to serve. At the time of consultation, an applicant for a mobile food vendor license to engage in a mobile food preparer business shall provide a City of Chicago Food Sanitation Manager Certificate issued to the applicant or the applicant’s employee who will operate the mobile food truck;

      (3)   an applicant for a mobile food vendor license to engage in a mobile food dispenser, mobile prepared food vendor or mobile food preparer business shall make the applicant’s mobile food vendor vehicle available for inspection by the Department of Health at a location determined by the Department of Health;

      (4)   an applicant for a mobile food vendor license who will use a propane tank or natural gas in the mobile food vehicle shall produce proof to the Commissioner of Business Affairs and Consumer Protection that such applicant has obtained commercial general liability insurance, with limits of not less than $350,000.00 per occurrence, for bodily injury, personal injury and property damage and obtained a commercial automobile liability insurance with limits of not less than $350,000.00, combined single limit, per occurrence for bodily injury and property damage arising in any way from the issuance of the license or activities conducted pursuant to the license. The insurance policy required under this subsection shall: (1) be issued by an insurer authorized to insure in Illinois; (2) name the City of Chicago as additional insured on a primary, noncontributory basis for any liability arising directly or Indirectly from the licensee’s operations; and (3) include a provision requiring thirty (30) calendar days’ advance notice to the Commissioner of Business Affairs and Consumer Protection prior to cancellation or lapse of the policy. If a mobile food vendor license is issued to such applicant, such licensee shall maintain the insurance required under this subsection in full force and effect for the duration of the license period. The licensee shall also keep proof of the required insurance in the mobile food vehicle at all times when the vehicle is in use and, upon demand, shall produce such proof for inspection by an authorized city official. Failure to comply with the requirements of this section shall be grounds for the suspension or revocation of the license.

   (b)   Except as otherwise provided in this subsection, in addition to the general application requirements, an applicant for a mobile food vendor license to engage in a produce merchant business shall provide the Commissioner of Business Affairs and Consumer Protection with the following information: (1) the applicant’s Illinois Retailers’ Occupation Tax number; (2) the type(s) of produce that the applicant proposes to sell; and (3) any other information that the commissioner may reasonably require. The inspection and approval requirements provided in Section 4-8-030(b) shall not apply to an applicant for a mobile food vendor license to engage in a produce merchant business.

   (c)   The Commissioner of Business Affairs and Consumer Protection is authorized to issue color-coded emblems for the following mobile food vendor business categories:

      1.   A mobile food vendor license to engage in a mobile food preparer business.

      2.   A mobile food vendor license to engage in a mobile food dispenser business.

      3.   A mobile food vendor license to engage in a mobile frozen desserts vendor business.

      4.   A mobile food vendor license to engage in a produce merchant business.

      5.   A mobile food vendor license to engage in a mobile prepared food vendor business.

   (d)   The Commissioner of Business Affairs and Consumer Protection, in consultation with the Department of Transportation, Department of Police and the Office of Emergency Management and Communications, in the interest of preserving public safety or avoiding traffic congestion, may from time to time, by rule, set a limit on the number of total mobile food vendor licenses, in one or more categories, that may be issued at any given time; provided, however, no more than 10 percent of the total licenses in any mobile food vendor business category shall be issued to any one person. If the Commissioner of Business Affairs and Consumer Protection determines that there are more qualified applicants for mobile food vendor licenses than the maximum number of licenses that the Commissioner has set to issue at any given time, the Commissioner shall conduct a lottery or other neutral process for allocating licenses among qualified applicants as set forth by rules promulgated by the Commissioner.

(Amend Coun. J. 6-10-96, p. 23652; Amend Coun. J. 7-6-11, p. 3023, § 1; Amend Coun. J. 5-9-12, p. 27485, § 18; 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. 10-28-15, p. 11951, Art. VI, § 10; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 8; Amend Coun. J. 12-13-17, p. 63286, § 2)