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)

4-8-037 Restrictions on mobile food vendors.

   The City Council may from time to time define areas, in the interest of preserving public health and safety or avoiding traffic congestion, in which no mobile food vendor may prepare or dispense food from a wheeled vehicle. The City Clerk shall maintain for public inspection and copying a file of all ordinances defining such areas.

   (a)   Dispensing or preparing food from a wheeled vehicle within the following designated areas is hereby prohibited:

      (1)   Beginning at the intersection of Laflin Street and Monroe Street; thence south on Laflin Street to Jackson Boulevard; thence west on Jackson Boulevard to Paulina Street; thence north on Paulina Street to Monroe Street; thence east on Monroe Street to Laflin Street.

   (b)   No mobile prepared food vendor shall operate in the following designated areas:

      (1)   On the sidewalks adjacent to Wrigley Field; such sidewalks consisting of both sides of Addison Street, both sides of Clark Street, both sides of Waveland Avenue, and both sides of Sheffield Avenue.

      (2)   On the sidewalks on both sides of the following roadways: (i) North Halsted Street, between West Belmont Avenue and West Grace Street; (ii) West Belmont Avenue, between North Halsted Street and North Racine Avenue; (iii) North Broadway, between West Diversey Parkway and West Cornelia Avenue; (iv) North Clark Street, between West Diversey Parkway and West Grace Street; (v) West Diversey Parkway, between North Pine Grove Avenue and North Burling Street.

   (b-1)   No mobile prepared food vendor shall operate on the sidewalk on both sides of the following roadways:

      (1)   On Clinton Street, between Washington Boulevard and Jackson Boulevard;

      (2)   On Halsted Street, between Washington Boulevard and Van Buren Street;

      (3)   On LaSalle Street, between Washington Boulevard and Jackson Boulevard;

      (4)   On Michigan Avenue, between Oak Street and Roosevelt Road;

      (5)   On Rush Street, between Division Street and Pearson Street;

      (6)   On State Street, between Lake Street and Ida B. Wells Drive;

      (7)   On Wabash Avenue, between Lake Street and Ida B. Wells Drive;

      (8)   On Larrabee Street, between Erie Street and Chicago Avenue;

      (9)   On Hudson Street, between Erie Street and Chicago Avenue;

      (10)   On Sedgwick Street, between Erie Street and Hudson Avenue;

      (11)   On McClurg Court, between Illinois Street and Chicago Avenue;

      (12)   On St. Clair Street, between Illinois Street and Superior Street;

      (13)   On Chicago Avenue, between State Street and Michigan Avenue;

      (14)   On Division Street, between Dearborn Street and State Street;

      (15)   On Erie Street, between Rush Street and St. Clair Street;

      (16)   On Grand Avenue, between Wabash Avenue and St. Clair Street;

      (17)   On Huron Street, between Wabash Avenue and St. Clair Street;

      (18)   On Oak Street, between State Street and Michigan Avenue;

      (19)   On Ohio Street, between Wabash Avenue and St. Clair Street;

      (20)   On Ontario Street, between Dearborn Street and St. Clair Street;

      (21)   On Superior Street, between Wabash Avenue and St. Clair Street;

      (22)   On Superior Street, between Kingsbury Street and Sedgwick Street;

      (23)   On Huron Street, between Kingsbury Street and Sedgwick Street;

      (24)   On Erie Street, between Kingsbury Street and Sedgwick Street;

      (25)   On Cedar Street, between State Street and Michigan Avenue;

      (26)   On Bellevue Place, between State Street and Michigan Avenue;

      (27)   On Oak Street, between State Street and Michigan Avenue;

      (28)   On Walton Street, between State Street and Michigan Avenue;

      (29)   On Delaware Place, between State Street and Michigan Avenue;

      (30)   On Chestnut Street, between State Street and Michigan Avenue;

      (31)   On Pearson Street, between State Street and Michigan Avenue.

   (c)   No mobile prepared food vendor shall operate on the sidewalk in any of the following designated areas:

      (1)   the east side of Clybourn Avenue, between Racine Avenue and Willow Street;

      (2)   the south side of West Diversey Parkway, between Pine Grove Avenue and Burling Street;

      (3)   both sides of North Clark Street, between Diversey Parkway and Belden Street;

      (4)   both sides of Armitage Avenue, between Racine Avenue and Halsted Street;

      (5)   both sides of Lincoln Avenue, between Diversey Parkway and Fullerton Parkway;

      (6)   both sides of Lincoln Avenue, between Clark Street and Armitage Avenue;

      (7)   both sides of Fullerton Parkway, between Lakewood Avenue and Halsted Street;

      (8)   both sides of Halsted Street, between Diversey Parkway and Fullerton Avenue; and

      (9)   both sides of Halsted Street, between Willow Place and Armitage Avenue.

   (d)   No mobile prepared food vendor shall operate on the sidewalk on both sides of any roadways within the boundaries of:

      (1)   South Lawndale Avenue, between 7500 South Lawndale Avenue and 8659 South Lawndale Avenue; and westward to

      (2)   South Cicero Avenue, between 7500 South Cicero Avenue and 8659 South Cicero Avenue.

(Added Coun. J. 9-27-00, p. 41923, § 1; Amend Coun. J. 6-3-09, p. 63970, § 1; Amend Coun. J. 7-25-12, p. 31326, § 1; Amend Coun. J. 10-28-15, p. 12699, § 1; Amend Coun. J. 10-28-15, p. 12702, § 2; Amend Coun. J. 2-10-16, p. 18523, § 2; Amend Coun. J. 6-28-17, p. 51347, § 2; Amend Coun. J. 12-13-17, p. 63286, § 2; Amend Coun. J. 11-20-19, p. 9510, Art. I, § 1)

4-8-038 Shared kitchen license.

   (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)

4-8-039 Shared kitchen user license.

   (a)   (1)   Shared kitchen user license required – Covered activities. A shared kitchen user license under this section shall be required to engage in any of the following business activities ("covered business activities"): (1) shared kitchen long-term user; or (2) shared kitchen short-term user. The business activity authorized under the shared kitchen user license shall be indicated on the face of such license.

      (2)   Shared kitchen user license – Scope of authorized activity.

         (i)   Shared kitchen long-term user. A shared kitchen user license under this section authorizing the holder of such license to engage in the business of shared kitchen long-term user is subject to no limitation on (1) the number of calendar days that such long-term user may utilize, lease or rent a properly licensed shared kitchen during the applicable two-year license period, or (2) the number of properly licensed shared kitchens that such long-term user may utilize, lease or rent during the applicable two-year license period. Nothing in this subsection (a)(2)(i) shall be construed to prohibit a shared kitchen from renting, leasing or otherwise authorizing the use of such licensee’s shared kitchen for a period of less than two years.

         (ii)   Shared kitchen short-term user. A shared kitchen user license under this section authorizing the holder of such license, to engage in the business of shared kitchen short-term user entitles such licensee to utilize, lease or rent space at a properly licensed shared kitchen, or any combination of properly licensed shared kitchens, for a period not to exceed ninety (90) consecutive calendar days, as measured from the date that such shared kitchen user license is issued. Nothing in this subsection (a)(2)(ii) shall be construed to prohibit a shared kitchen licensee from renting, leasing or authorizing the use of such licensee’s shared kitchen for a period of less than ninety (90) consecutive calendar days.

   (b)   License application. In addition to meeting the requirements set forth in Section 4-8-030, an application for, and, if requested, a renewal of a shared kitchen user license under this section shall be accompanied by the following information:

      (1)   whether the applicant or licensee, as applicable, is seeking to utilize, lease or rent space at a licensed shared kitchen for (a) 90 or fewer calendar days ("short-term shared kitchen user") or (b) for a two year term ("long-term shared kitchen user");

      (2)   a menu of the food items that such user intends to prepare, store, taste test, develop, package or otherwise handle or use for food-related purposes at the applicable shared kitchen; and

      (3)   a written statement, signed by the owner or operator of each applicable licensed shared kitchen that the applicant uses or intends to use, containing the following information about each such shared kitchen: (i) the name and address of the shared kitchen, (ii) the shared kitchen’s license number, (iii) a written authorization, signed by the owner or operator of the shared kitchen, stating that the applicant for the shared kitchen user license has been authorized by such owner or operator to rent, lease or utilize kitchen space at such shared kitchen; and (iv) the start date and, if any, the end date to which such authorization applies.

   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 user license shall be issued under this section:

      (1)   if the Department of Health fails to approve as safe the contents of any menu required under subsection (b)(2) of this section to be submitted as part of the license application;

      (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 the applicant’s proposed use of the applicable shared kitchen(s) and proposed food safety operations at such shared kitchen.

   (d)   Duties. A shared kitchen user shall have the following duties:

      (1)   Conformity to approved menu required – Notification and approval of changes to approved menu required. A shared kitchen user licensee shall conform to the menu approved by the Department of Health. Prior to adding any new item of food to such menu, or any new and time/temperature control for safety food to any approved item of food on such menu, a shared kitchen user shall first obtain written permission to do so from the Department of Health. The shared kitchen user shall provide a copy of the menu approved by the Department of Health and any written permission obtained from the Department of Health pursuant to the requirements of this subsection (d)(1) to the licensee of each shared kitchen at which such shared kitchen user engages in the business of a shared kitchen user;

      (2)   Conformity to food safety requirements and approved operational practices required. A shared kitchen user shall (i) comply with all food safety requirements set forth in the Municipal Code of Chicago and any rules promulgated thereunder; and (ii) conform to any operational practice required or approved by the Department of Health in connection with the issuance of a license under this section. The shared kitchen user and applicable shared kitchen licensee shall be jointly and severally liable for any violation of the requirements of this subsection (d)(2);

      (3)   Time/temperature control for safety food – Sanitation certificate required. At all times that time/temperature control for safety food is being prepared, tasted, handled, packaged, prepared for storage, served or otherwise used at a shared kitchen by a shared kitchen user, such shared kitchen user shall have on site at the shared kitchen a person who holds a current sanitation certificate issued by the Department of Health. Upon request by any authorized city official, the shared kitchen user shall make such certificate immediately available for inspection by such authorized city official;

      (4)   License – Required on site. A shared kitchen user shall have their city-issued shared kitchen user license or a copy thereof or any badge that may be issued and required by the Department as evidence of such shared kitchen user license on site at all times when the shared kitchen user is utilizing a shared kitchen. Upon request by any authorized city official, the shared kitchen user shall make such license or a copy thereof or any required badge immediately available for inspection by such authorized city official; and

      (5)   Recordkeeping – Required. A shared kitchen user shall keep and maintain on file the following records: (i) a list identifying the date(s) and time(s) such user utilized a shared kitchen, and (ii) a copy of the written statement, signed by the owner or operator of the shared kitchen, stating that the applicant for the shared kitchen user license has been authorized by such owner or operator to rent, lease or utilize such shared kitchen, and identifying the start date and, if any, the end date to which such authorization applies. The records required under this subsection (d)(6) shall be maintained by the user for a period of at least two years after the date of entry of such record. Upon request by any authorized city official, the shared kitchen user shall make such records immediately available for inspection by such authorized city official.

   (e)   License fee – Duration of license.

      (1)   Shared kitchen long-term user. The fee for a shared kitchen user license to engage in the business of shared kitchen long-term user license shall be as set forth in Section 4-8-041. Provided, however, that such fee shall be waived for a properly licensed mobile food vendor as set forth in Section 4-8-041(c). A shared kitchen long-term user license shall expire on the date indicated on the face of the license.

      (2)   Shared kitchen short-term user. The fee for a shared kitchen user license to engage in the business of shared kitchen short-term user license shall be as set forth in Section 4-8-041. Provided, however, that such fee shall be waived for a properly licensed mobile food vendor as set forth with Section 4-8-041(c). A shared kitchen short-term user license shall expire ninety (90) consecutive calendar days from the date of its issuance.

   (f)   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.

   (g)   License suspension or revocation. Any violation of this section may result in license suspension or revocation in accordance with the requirements of Section 4-4-280 of this Code.

(Added Coun. J. 5-4-11, p. 117699, § 5; Amend Coun. J. 6-6-12, p. 28356, § 3; Amend Coun. J. 2-22-17, p. 43916, Art. II, § 2; Amend Coun. J. 12-13-17, p. 63286, § 2; Amend Coun. J. 11-7-18, p. 88803, § 7)

4-8-040 Special event food licenses.

   (a)   Definitions. For purposes of this section, the following definitions shall apply:

   "Chicago Riverwalk" has the meaning ascribed to the term in Section 2-32-1300(a)

   "Commissioner" means the city’s Commissioner of Business Affairs and Consumer Protection.

   "Department" means the city’s Department of Health.

   "Multiple special events" means one or more special events that occur within a 10-day, 180-day or one-year period, depending on which period is applicable. The term "multiple special events" also means one or more special events that occur at an outdoor public enjoyment area developed pursuant to Section 2-102-030.

   "Single special event" means a special event that lasts for a period not longer than ten (10) calendar days.

   "Summer festival food vendor certificate" means a summer festival food sanitation certificate that the Department issues in collaboration with third parties.

   (b)   License required. No person shall serve food at a special event without a special event food license.

   (c)   Classification of special event food licenses. The Commissioner is authorized to issue the following two classes of special events food license: (i) A single special event food license shall be issued for serving food, subject to this section and, if applicable, Section 10-8-335, at a single special event; (ii) A multiple special events food license shall be issued for a 10-day, 180-day or one-year period. Subject to this section and, if applicable, Section 10-8-335, a multiple special events food licensee may serve food at multiple special events that occur within the duration of the license. In addition, subject to this section and Section 4-60-074, a multiple special events food licensee may serve food at any Chicago Riverwalk venue for the duration of any concession agreement executed pursuant to Section 10-36-145.

   (d)   License application. In addition to the requirements of Section 4-8-030, an applicant for a special event food license shall submit:

      (1)   a menu of the food items that the applicant intends to serve at the special event or at a Chicago Riverwalk venue: and

      (2)   the classification of the special event food license that the applicant is applying for, and, in case of application for a single special event food license, the dates and place of the event and a written statement, signed by the event organizer or sponsor of the event, stating that the applicant is authorized to serve food at the event.

   It is a condition of the license that all information in the license application shall be kept current. Any change in required information shall be reported in writing to the Commissioner within fourteen (14) business days of such change.

   (e)   License issuance prohibited when. In addition to the prohibitions set forth in Section 4-8-025, no special event food license shall be issued under this section, if the Department does not approve as safe the contents of the applicant’s menu submitted as part of the license application as required under subsection (d)(1) of this section.

   (f)   Duties. A special event food licensee shall have the following duties:

      (1)   Conformity to approved menu required – Notification and approval of changes to approved menu required. A special event food licensee shall conform to the menu approved by the Department. Prior to adding any new item of food to such menu, or any new and time/temperature control for safety food to any approved item of food on such menu, a special event food licensee shall first obtain written permission to do so from the Department;

      (2)   Conformity to food safety requirements and approved operational practices required. A special event food licensee shall (i) comply with all food safety requirements set forth in the Municipal Code of Chicago and any rules promulgated thereunder: and (ii) conform to any operational practice required or approved by the Department in connection with the issuance of a license under this section;

      (3)   Time/temperature control for safety food – Summer festival food vendor certificate required. At all times when a special event food licensee serves time/temperature control for safety food, such licensee shall have on site a person who holds a current summer festival food vendor certificate. Upon request by any authorized city official, the special event food licensee shall make such certificate immediately available for inspection by such authorized city official; and

      (4)   License – Required on site. A special event food licensee shall have his city-issued license or a copy thereof on site at all times when the licensee is serving food at a special event. Upon request by any authorized city official, the licensee shall make such license or a copy thereof immediately available for inspection by such authorized city official.

      (5)   Recordkeeping – Required. A special event food licensee shall keep and maintain on file the following records: (i) a list identifying the date(s) and time(s) such licensee served food at the event or at a Chicago Riverwalk venue: (ii) a copy of the written statement, signed by the organizer or sponsor of the event, or by a Riverwalk Venue liquor licensee, as applicable, stating that the special event food licensee is authorized to serve food at the event or at a Chicago Riverwalk venue, and identifying the start date and the end date to which such authorization applies; (iii) the copy of the menu approved by the Department for use by the licensee; and (iv) the name of the person holding a valid sanitation certificate, who was present each time time/temperature control for safety food was served by the licensee. The records required under this subsection shall be maintained by the licensee for a period of at least two years after the date of entry of such record. Upon request by any authorized city official, the licensee shall make such records immediately available for inspection by such authorized city official.

   (g)   Special event food licenses – Aldermanic notification. When issuing a single special event food license that is not subject to Section 10-8-335, the Commissioner shall notify the alderman of the ward in which the event is to be located at least five (5) calendar days before issuing the license.

   (h)   Violation – Penalty. In addition to any other penalty provided by law, any person who violates this section shall be subject to the fine set forth in Section 4-8-068.

   (i)   License suspension or revocation. Any violation of this section may result in license suspension or revocation in accordance with Section 4-4-280 of this Code.

(Added* Coun. J. 4-15-15, p. 106578, § 2; Amend Coun. J. 5-6-15, p. 108095, § 5; Amend Coun. J. 12-13-17, p. 63286, § 2; Amend Coun. J. 11-26-19, p. 11390, Art. III, § 10)

* Editor's note – Former § 4-8-040 renumbered as § 4-8-041.

4-8-041 License fees.

   Except as otherwise provided in this section, the license fees shall be as set forth in Section 4-5-010 and shall be paid before any license may be issued. All licenses shall expire on the date indicated on the face of the license.

   (a)   Retail food establishment license. The fee for a retail food establishment license shall be as set forth in Section 4-5-010. A charitable, religious or educational institution not carried on for private gain or profit, which only operates an eating facility or an automatic- food vending machine in connection with the immediate carrying out of its charitable, religious or educational activities, shall be exempt from the retail food establishment license fee.

      At the time of payment of the retail food license renewal fee, a place for eating shall also pay the inspection fees set forth in Section 4-8-042.

   (b)   Wholesale food establishment license. The fee shall be as set forth in Section 4-5-010.

   (c)   Mobile food vendor license. A separate mobile food vendor license is required for each mobile food vehicle, cart or produce stand used by the mobile food vendor in the conduct of his business. The fee for such license shall be as set forth in Section 4-5-010. Provided, however, that if a mobile food vendor also requires a shared kitchen user license under Section 4-8-039 for a vehicle, cart or stand, such mobile food vendor shall be exempt from the applicable shared kitchen user license fee for such vehicle, cart or stand.

   (d)   Shared kitchen and shared kitchen user licenses. Except as otherwise provided in subsection (c) of this section, the fees for a shared kitchen long-term user and shared kitchen short-term user shall be as set forth in Section 4-5-010.

   (e)   Special event food licenses. The fees shall be as set forth in Section 4-5-010.

   (f)   Pop-up food establishment user and host licenses. Except as otherwise provided herein or in Section 4-8-044(c)(2), the fee for a pop-up food establishment user license and pop-up food establishment host license shall be as set forth in Section 4-5-010. Provided, however, that if a person holding a valid shared kitchen user license under this chapter applies for a pop-up food establishment user license under Section 4-8-044, such pop-up food establishment user license shall be issued to the licensee free of charge as required under Section 4-8-020(e)(5), as applicable.

(Prior code § 130-1.3; Added Coun. J. 12-29-87, p. 9169; Amend Coun. J. 11-30-88, p. 19550; Amend Coun. J. 12-21-88, p. 23171; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-15-95, p. 67571; Amend Coun. J. 6-10-96, p. 23652; Amend Coun. J. 9-29-04, p. 32144, § 3; Amend Coun. J. 11-15-06, p. 92532, § 1; Amend Coun. J. 1-13-10, p. 83191, § 1; Amend Coun. J. 5-4-11, p. 117699, § 6; Amend Coun. J. 6-6-12, p. 28356, § 4; Amend Coun. J. 6-6-12, p. 28654, § 1; Amend Coun. J. 7-25-12, p. 31326, § 1; Amend* Coun. J. 4-15-15, p. 106578, § 2; Amend Coun. J. 2-22-17, p. 43916, Art. II, § 3; Amend Coun. J. 9-20-18, p. 84293, § 6)

* Editor's note – Formerly § 4-8-040.

4-8-042 Inspections of and inspection fees for a place for eating.

   (a)   The Building Commissioner shall make an annual inspection of all places for eating. Such annual inspection shall be conducted as one inspection, which shall consist of inspections pursuant to Sections 14A-6-602, 14A-6-606 and 13-20-530. If, within the 12-month period preceding such annual inspection, the place of eating was inspected by the Department of Buildings in connection with a permit inspection, periodic inspection, code compliance inspection or certificate of occupancy, such inspection shall be deemed to meet the annual inspection requirement herein. The Department of Buildings is authorized to conduct such additional inspections as the Department deems necessary to maintain health and safety.

   (b)   The fees for the inspections conducted by the Buildings Department pursuant to subsection (a) of this section are as follows:

      (1)   0 to 1,500 square feet, per year.....$100.00

      (2)   1,501 – 4,500 square feet, per year.....$250.00

      (3)   4,501 – 10,000 square feet, per year.....$400.00

      (4)   Over 10,000 square feet, per year.....$550.00

   (c)   The provisions of this section shall not apply to any inspection by the Buildings Department that is required as a condition of the issuance or renewal of any license or permit issued pursuant to this Code, or to any reinspection, emergency inspection or inspection in response to a complaint conducted by the Buildings Department.

(Added Coun. J. 9-29-04, p. 32144, § 3; Amend Coun. J. 12-2-09, p. 78837, Art. 7, § 1; Amend Coun. J. 2-22-17, p. 43916, Art. VIII, § 8; Amend Coun. J. 12-13-17, p. 63286, § 2; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 25)