(a) License classifications. Shared kitchen licenses shall be divided into the classifications which follow:
Shared kitchen license: A shared kitchen license shall be required if the person seeking to engage in the exclusive or primary business of a shared kitchen does not hold a valid retail food establishment license under this chapter for the premises identified in the shared kitchen license application. The holder of a shared kitchen license may engage at such shared kitchen in any business activity authorized by a retail food establishment license if (1) such business activity is secondary or incidental to the primary business activity of shared kitchen; and (2) such secondary or incidental business activity is permitted under the Chicago Zoning Ordinance, Title 17 of the Municipal Code of Chicago.
Shared kitchen - supplemental license: A shared kitchen-supplemental license shall be required if the person seeking to engage in the business of a shared kitchen (1) does hold a valid retail or wholesale food establishment license under this chapter for the premises identified in the shared kitchen license application; and (2) the business activity authorized by the shared kitchen license is secondary or incidental to the primary business activity for which such retail or wholesale food establishment license has been issued as set forth in the license application for such retail or wholesale food establishment license.
(b) License application. All applications for a shared kitchen license shall be made in conformity with the requirements set forth in Section 4-8-030.
It is a condition of the license that all information in the license application be kept current. Any change in required information shall be reported in writing to the Commissioner of Business Affairs and Consumer Protection within fourteen (14) business days of such change.
(c) License issuance prohibited when. In addition to the prohibitions set forth in Section 4-8-025, no shared kitchen license shall be issued under this section:
(1) to any person who is ineligible under this chapter or under the Chicago Zoning Ordinance, Title 17 of the Municipal Code of Chicago, to obtain a retail food establishment license or wholesale food establishment license, as applicable;
(2) at the time of application for the initial license, unless and until the license applicant completes a consultation with the Department of Health to review equipment and food safety operations at the shared kitchen identified in the shared kitchen license application, as required under subsection (d)(2) of this section;
(3) at the time of application for the initial license, unless and until the Department of Health conducts, in accordance with the requirements set forth in subsection (d)(1) of this section, a health risk assessment and inspection of the applicant’s premises and equipment and food safety operations and determines, based on the results of such assessment and inspection, that the applicant’s premises and equipment and food safety operations comply with the requirements of the Municipal Code of Chicago and any rules promulgated thereunder. Provided, however, that a health risk assessment and inspection within the meaning of this subsection (c)(3) shall not be required as a condition for obtaining a shared kitchen-supplemental license under this section if, within the 12-month period prior to submitting an application for such shared kitchen-supplemental license, the retail food establishment identified in such application passed its most recent inspection by the Department of Health in accordance with the requirements applicable to "Category I facilities" as set forth in subsection (b)(4)(A) of Section 615.310 of the Local Health Protection Grant Rules.
(d) Health risk assessment – Consultation with Health Department – Inspections.
(1) Health risk assessment. For purposes of any health risk assessment required under subsection (c)(3) of this section, shared kitchens shall be classified as a "Category I facility" within the meaning of subsection (b)(3)(A) of Section 615.310 of the Local Health Protection Grant Rules.
(2) Consultation with Department of Health. Prior to the initial issuance of any shared kitchen license, the license applicant shall complete a consultation with the Department of Health to review equipment and food safety operations at the shared kitchen identified in the shared kitchen license application.
(3) Periodic inspections. In addition to any inspections required under subsection (c)(3) of this section, all shared kitchens shall be subject to periodic inspections in accordance with the requirements applicable to "Category I facilities" as set forth in subsection (b)(4)(A) of Section 615.310 of the Local Health Protection Grant Rules. In addition, the Department of Health may inspect a shared kitchen in response to any complaint of any violation at such shared kitchen of the Municipal Code of Chicago or any rules promulgated thereunder.
(e) Duties. A shared kitchen licensee shall have the following duties:
(1) Accountability for use of licensed premises. A shared kitchen licensee shall ensure that any person engaged in the business of a shared kitchen user on the licensed premises is in compliance with (i) all equipment and food safety requirements set forth in the Municipal Code of Chicago and any rules promulgated thereunder; and (ii) all requirements set forth in subsection (e) of Section 4-8-039. The shared kitchen licensee and applicable shared kitchen user shall be jointly and severally liable for any violation of the requirements of this subsection (f)(i)*;
* Editor’s note – Coun. J. 12-13-17, p. 63286, § 2 failed to update this reference when subsection (f) was renumbered as subsection (e). Future legislation will correct the provision if needed.
(2) Ensuring that users are property licensed. A shared kitchen licensee shall ensure that any person engaged in the business of a shared kitchen user on the licensed premises is properly licensed under Section 4-8-039;
(3) Recordkeeping required. A shared kitchen licensee shall keep and maintain on file or otherwise make immediately available on the licensed premises the following records: (i) a list of all shared kitchen users and their contact information; (ii) for each such shared kitchen user, a copy of the menu approved by the Department of Health for use by such shared kitchen user; (iii) a list setting forth the date(s) and time(s) each shared kitchen user used the shared kitchen; (iv) the name of the person holding a valid sanitation certificate, issued by the Department of Health, who was present on the licensed premise each time time/temperature control for safety food was prepared, tasted, handled, packaged, prepared for storage, served or otherwise used by said shared kitchen user; (v) a copy of all agreements entered into by the shared kitchen licensee with each shared kitchen user, including the effective date and, if applicable, the termination date of each such agreement; (vi) a copy of each user’s current shared kitchen user license; (vii) if the shared kitchen licensee discontinues, ends, terminates or otherwise withdraws from any contract or agreement authorizing a shared kitchen user to lease, rent or other utilize such licensee’s shared kitchen, a record of the date on which such contract or agreement was terminated by the shared kitchen licensee; and (viii) if the shared kitchen user discontinues, ends, terminates or otherwise withdraws from any contract or agreement with a shared kitchen licensee or such user otherwise indicates his or her intent to stop using the shared kitchen, a record of the date on which such act occurred. The records required to be kept by the shared kitchen licensee under this subsection (e)(3) shall be maintained or otherwise made immediately available on the licensed premises by such licensee for a period of at least two years after the date of entry of such record. Upon request by any authorized city official, a shared kitchen licensee shall make such record(s) immediately available for inspection by such authorized city official;
(4) Access to equipment and storage areas required. A shared kitchen licensee shall provide access for inspection by the Department of Health or any other authorized city official to all locked equipment located in any storage area maintained by the shared kitchen licensee and used or made available for use by any shared kitchen user; and
(5) Exceeding capacity – Prohibited. A shared kitchen licensee shall ensure that, at any given time, the number of shared kitchen users preparing food in the shared kitchen does not pose a health or safety risk.
(f) License fee – Duration of license.
(1) Shared kitchen license: The fee for a shared kitchen license shall be as set forth in Section 4-5-010 of this Code. Such shared kitchen license shall expire on the date indicated on the face of the license.
(2) Shared kitchen-supplemental license: If the applicant for a shared kitchen-supplemental license applies simultaneously for a shared kitchen-supplemental license and a retail or wholesale food establishment license, the fee for such shared kitchen-supplemental license shall be as set forth in Section 4-5-010; such fee shall be in addition to the applicable retail or wholesale food establishment license fee set forth in Section 4-5-010; and such shared kitchen-supplemental license shall expire on the same date that the applicable retail or wholesale food establishment license expires. If the applicant for a shared kitchen-supplemental license does not apply simultaneously for a shared kitchen-supplemental license and a retail or wholesale food establishment license, the fee for such shared kitchen-supplemental license shall be calculated on a pro rata basis, based on the number of months remaining on the applicant’s retail or wholesale food establishment license, and such shared kitchen-supplemental license shall expire on the same date that the applicant’s applicable retail or wholesale food establishment license expires.
(g) Violation – Penalty. In addition to any other penalty provided by law, any person who violates any requirement of this section shall be subject to the fine set forth in Section 4-8-068.
(h) License suspension or revocation. Any violation of any requirement of this section may result in license suspension or revocation in accordance with the requirements set forth in Section 4-4-280 of this Code.
(Added Coun. J. 5-4-11, p. 117699, § 4; Amend Coun. J. 6-6-12, p. 28356, § 2; Amend Coun. J. 12-13-17, p. 63286, § 2)