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)

4-8-043 Seasonal lakefront food establishments.

   (a)   No person shall engage in the business of seasonal lakefront food establishment without first having obtained a license authorizing such activity from the Department of Business Affairs and Consumer Protection. Such license shall be issued in accordance with terms and conditions established by the Department of Health in duly promulgated rules and shall be operated in accordance with such rules. The fee for such license, which shall be issued on an annual basis, shall be as set forth in Section 4-5-010.

   (b)   As used in this section:

   "Department of Health" means the Department of Health of the City of Chicago;

   "Seasonal lakefront food establishment" means a commissary or other fixed food service establishment that: (1) is located on property where a Lakefront Venue liquor license may be issued, as set forth in subsection (c) of Section 4-60-073; and (2) operates only from Memorial Day through September 30th of the applicable calendar year.

(Added Coun. J. 4-19-17, p. 48180, Art. II, § 1)