(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)