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(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)
(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)
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.
(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.
(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)
(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)
(a) Definitions. As used in this section, unless the context clearly indicates otherwise:
"Day(s)" means calendar days.
"Pop-up food establishment" has the meaning ascribed to that term in Section 4-8-010.
"Potentially hazardous ingredient" has the meaning ascribed to the term "potentially hazardous food" in Section 4-8-038(a).
"Prepackaged and non-perishable food" has the meaning ascribed to that term in Section 4-8-010.
(b) License classifications. Pop-up food establishment user licenses shall be divided into three tiers based on the type of food activity occurring at the premises identified in the license application and the degree of relative risk (low, medium or high) of causing food-borne illness based on the food handling operations typically implicated in food-borne illness outbreaks. The holders of such licenses shall be entitled to engage in the business of pop-up food establishment subject to the following limitations:
(1) Tier I license: The holder of a Tier I license is entitled to sell or serve nonperishable food only that is commercially prepackaged in a food processing plant. On-site food preparation or on-site dining is not allowed under a Tier I license.
(2) Tier II license: In addition to selling or serving food authorized under a Tier I license, the holder of a Tier II license is entitled to sell or serve, in any combination, perishable, non-perishable, hot or cold prepackaged food only that has been prepared, packaged and stored off-site at a: (i) shared kitchen holding a valid shared kitchen license under Section 4-8-038, or (ii) retail food establishment holding a valid shared kitchen-supplemental license under Section 4-8-038. Final on-site preparation involving minimal assembly only of such prepackaged food is allowed (e.g. tossing a prepackaged salad; applying dressing to a prepackaged salad or sandwich; microwaving or heating prepackaged food; plating prepackaged food, etc.). On-site dining is allowed under a Tier II license.
(3) Tier III license: In addition to selling or serving food authorized under a Tier I and Tier II license, the holder of a Tier III license is entitled to sell or serve perishable, nonperishable, hot and cold food prepared on-site at the pop-up food establishment. The holder of a Tier III license is authorized to operate as a full-service restaurant. On-site dining is allowed under a Tier III license.
(c) Duration of license – Change of location authorized when.
(1) Duration of license.
(i) Tier I licenses under this section shall be issued for a 5-day, 30-day, 90-day, 180-day or one-year period, and may be reissued for additional consecutive terms.
(ii) Tier II and Tier III licenses under this section shall be issued for a 5-day, 30-day or 90-day period and may be reissued for additional consecutive terms. Provided, however, that under no circumstances shall a Tier II or Tier III licensee under this section operate a pop-up food establishment at the same location for a period in excess of 90 days within any 365-day period.
(2) Change in location authorized when. The holder of a Tier I, Tier II or Tier III pop-up food establishment user license under this section is authorized, throughout the duration of such user license, to change the location of the premises where the licensed pop-up food establishment operates without having to obtain a separate pop-up food establishment user license under this section for such location, if all of the following conditions are met:
(i) the operation of a pop-up food establishment at the desired location is permitted under the Chicago Zoning Ordinance; and
(ii) the licensee complies with the recordkeeping requirements set forth in subsection (f)(6) of this section; and
(iii) if the licensee is seeking to operate a Tier II or Tier III pop-up food establishment at the desired location, the owner or lessee of the premises where such licensee seeks to operate 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
(iv) the owner or lessee of the premises where the licensee seeks to operate the pop-up food establishment has authorized the licensee to use the premises to operate a pop-up food establishment, as evidenced by a written authorization to such effect identifying the start date and, if any, the end date to which such authorization applies.
(d) License application. In addition to the requirements in Section 4-8-030, an applicant for a pop-up user license shall provide the Department with the following additional information about the pop-up food establishment:
(1) whether the applicant is applying for a Tier I, Tier II, or Tier III pop-up food establishment user license;
(2) a statement describing the proposed menu of the food items that the applicant intends to sell or serve at the pop-up food establishment;
(3) proof that the applicant has completed a consultation with the Department of Health to review the applicant's proposed menu, equipment and food-safety operations at the pop-up food establishment, as required under Section 4-8-044(f)(1); and
(4) any other information that the Commissioner may reasonably require.
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 and without delay to the Commissioner.
(e) License issuance prohibited when. In addition to the prohibitions set forth in Section 4-8-025, no pop-up food establishment user license shall be issued under this section unless all of the following conditions are met:
(1) the operation of the pop-up food establishment at the desired location is permitted under the Chicago Zoning Ordinance; and
(2) if the applicant or licensee, as applicable, is seeking to operate a Tier II or Tier III pop-up food establishment at the desired location, the owner or lessee of the premises where the applicant or licensee seeks to operate the pop-up food establishment 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). Provided, however, that if the applicant or licensee is seeking only to operate a Tier I pop-up food establishment at the desired location, the requirements set forth in items (i) through (iii) of this subsection (e)(2) shall not apply; and
(3) the applicant for such license completes a consultation with the Department of Health, as required under subsection (f)(1) of this section.
(f) Duties. A licensee under this section shall have the following duties:
(1) Consultation with the Department of Health – Required. Prior to the issuance of any initial pop-up food establishment user license under this section, the applicant for such license shall complete a consultation with the Department of Health to review and approve for Code compliance the applicant’s proposed menu, equipment, and food safety operations at the premises identified in the license application.
(2) Conformity to approved menu required – Notification and approval of changes to approved menu required. Each licensee under this section 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 or potentially hazardous ingredient to any approved item of food on such menu, such licensee shall first obtain written permission to do so from the Department of Health.
(3) Special Equipment required when – Sanitation practices.
(i) Tier I licensees. Persons holding a Tier I license only under this section shall not be subject to any special equipment requirements in connection with the operation of a Tier I pop-up food establishment. Provided, however, that such persons shall comply with all applicable sanitation and other requirements set forth in the Department of Health Food Code Rules.
(ii) Tier II licensees. Persons holding a Tier II license under this section shall equip the licensed premises, or ensure that the licensed premises is equipped, with: (A) a hand sink, which may be portable; and (B) sufficient time/temperature control equipment to ensure the safety of heated or refrigerated foods. Such equipment shall conform to the Department of Health Food Code Rules governing hand sinks and time/temperature control equipment. In addition, Tier II licensees shall comply with all applicable sanitation and other requirements set forth in the Department of Health Food Code Rules.
(iii) Tier III licensees. Persons holding a Tier III license under this section shall comply with all equipment and other requirements applicable to restaurants, as set forth in the Department of Health Food Code Rules.
(4) City of Chicago Food Service Sanitation Certificate – When required. Persons holding a Tier III pop-up user license under this section shall have on-site at the licensed location, at all times when such location is open to the public for business, at least one employee who holds a City of Chicago Food Service Sanitation Certificate issued by the Department of Health.
(5) Shared kitchen users – Food preparation, packaging and storage requirements. If a shared kitchen user licensee under this Chapter 4-8 holds a Tier II pop-up food establishment license under this section, only food which has been prepared, packed and stored by such licensee at a properly licensed shared kitchen shall be sold or served at such shared kitchen user licensee’s pop-up food establishment. Provided, however, that any food authorized under a Tier I pop-up food establishment user license may also be sold or served at such licensee’s pop-up food establishment.
(6) Change of location – Recordkeeping – Required when.
(i) Content of records. If a pop-up food establishment user license is issued under this section, the holder of such license, during the duration of such license, changes the location of the premises where such licensee’s pop-up food establishment is operating in accordance with subsection (c)(2) of this section, such licensee shall keep and maintain a written record containing the following information about each such premises: (1) the address of the premises; (2) the name of the owner or lessee of the premises; (3) the date(s) and time(s) of operation of the pop-up food establishment at the premises; (4) a copy of all agreements, which shall be in writing, entered into by the licensee with the owner or lessee of the premises where the pop-up food establishment is operating, including the effective date and, if any, the termination date of any such agreement; (5) if the pop-up food establishment discontinues, ends, terminates or otherwise withdraws from any such agreement, a record of the date on which such act occurred; (6) if the licensee operates a Tier III pop-up food establishment at the premises, the name of the person(s) holding a valid City of Chicago Food Sanitation Certificate, issued by the Department of Health, during the applicable period of operation at such premises; and (7) any other information the Commissioner may reasonably require in duly promulgated rules.
(ii) Maintenance and inspection of records. The records required under subsection (f)(6)(i) of this section shall be maintained by the licensee for a period of at least two years after the date of entry of such records. Except in cases where a licensee under this section consents to disclosure of such records or an exception to a warrant applies, including exigent circumstances, such records shall be subject to disclosure to an authorized city official, upon request by such official, pursuant only to a proper search warrant, administrative subpoena, judicial subpoena or other lawful procedure to compel the production of records that affords the licensee an opportunity for precompliance review by a neutral decisionmaker.
(g) Prohibited acts.
(1) It shall be unlawful for any licensee under this section to cater foods from the licensed pop-up food establishment location.
(2) It shall be unlawful for any licensee under this section to operate a pop-up food establishment in any: (i) non-stationary structure; or (ii) vehicle of any type, whether mobile or non-mobile; or (iii) building or portion thereof that the Commissioner determines, in duly promulgated rules and based on the building’s condition, use or occupancy type, is unsafe or unsuitable for use as a Tier I, Tier II or Tier III pop-up food establishment, as applicable.
(3) It shall be unlawful for any licensee under this section to operate a pop-up food establishment in a private home or in any room used as sleeping or living quarters.
(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 – Imminent threat – Post-deprivation hearing authorized when. Any violation of this section may result in license suspension or revocation in accordance with Section 4-4-280. Provided, however, that if the Commissioner has good cause to believe that a licensee under this section is operating a pop-up food establishment in violation of this Code or any other applicable law and that continued operation of the establishment at the licensed location poses an imminent danger to the public health or safety, the Commissioner may order the immediate temporary suspension of such license for a period not to exceed ten days. Notice of the temporary suspension and the grounds for that suspension shall be sent or delivered to the licensee without delay. The licensee shall have an opportunity for a hearing before the Department of Business Affairs and Consumer Protection prior to the expiration of the ten-day temporary suspension period. If the licensee fails to request a hearing within the prescribed time indicated on the notice, or requests a hearing but fails without good cause to appear at such hearing, the pop-up food establishment user license shall be deemed revoked. Nothing in this section shall prevent the Department from suspending the licensee’s pop-up food establishment user license for a longer period of time or from revoking the license in accordance with Section 4-4-280.
(j) Enforcement. The Department of Business Affairs and Consumer Protection and Department of Health are authorized to enforce this section.
(Added Coun. J. 9-20-18, p. 84293, § 7; Amend Coun. J. 11-20-19, p. 9510, Art. IV, § 15)
(a) Definitions. As used in this section, unless the context clearly indicates otherwise:
"Pop-up food establishment" has the meaning ascribed to that term in Section 4-8-010.
"Pop-up food establishment host" means the owner or lessee of any building, or any premises within a building, or any portion thereof, who rents, leases, or otherwise makes space available, for consideration, within such building or premises for use as a pop-up food establishment.
"Pop-up food establishment user license" has the meaning ascribed to that term in Section 4-8-044.
(b) Pop-up food establishment host license – Required when – Exceptions. No person shall engage in the business of pop-up food establishment host without first having obtained a pop-up food establishment host license under this section. Provided, however, that a pop-up food establishment host license under this section shall not be required if:
(1) the owner or lessee of the building or premises housing the pop-up food establishment holds either: (i) a valid shared kitchen license within the meaning of Section 4-8-038(b); or (ii) a valid retail food establishment license and shared kitchen-supplemental license within the meaning of Section 4-8-038(b); or
(2) the owner or lessee of the building or premises housing the pop-up food establishment only allows Tier I pop-up food establishments to operate in such building or premises; or
(3) the premises is a private residence and the occupant thereof hires a chef to prepare or serve food within that residence for such occupant’s own consumption or for consumption by such occupant’s invited guests.
(c) License classifications. Pop-up food establishment host licenses shall be divided into two tiers based on the type of food activity occurring on the premises identified in the license application. The holders of such licenses shall be entitled to engage in the business of pop-up food establishment host subject to the following limitations:
(1) Tier II host license: The holder of a Tier II host license under this section is authorized to allow Tier I and Tier II pop-up food establishments to operate at the licensed location.
(2) Tier III host license: The holder of a Tier III host license under this section is authorized to allow Tier I, Tier II and Tier III pop-up food establishments to operate at the licensed location.
(3) Duration of license. Pop-up food establishment host licenses shall be issued for a period of one year and shall be renewable for additional one-year terms. The fee for a pop-up establishment host license shall be as set forth in Section 4-5-010, and shall be determined based on the type of food activity occurring on the licensed premises, as follows: (i) If the licensee allows or intends to allow Tier II pop-up establishments only to operate on the licensed premises, the fee for the pop-up food establishment host license shall be $150.00 for a one-year term. If the license allows or intends to allow Tier III pop-up food establishments to operate on the licensed premises, the fee for the pop-up food establishment host license shall be $330.00 for a one-year term.
(d) Application. In addition to the requirements in Section 4-8-030, an applicant for a pop-up food establishment host license shall provide the Department with the following information:
(1) whether the applicant is applying for a Tier II or Tier III pop-up food establishment host license; and
(2) any other information that the Commissioner may reasonably require.
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 and without delay to the Commissioner.
(e) Inspections.
(1) Prior to issuing an initial Tier III pop-up food establishment host license under this section, the Department of Health shall inspect and approve the premises identified in the license application to ensure its suitability to house a Tier III pop-up food establishment.
(2) The Department of Health is authorized to conduct periodic inspections, during regular business hours or in case of an emergency, of the premises in which any Tier II or Tier III pop-up food establishment is located to ensure its compliance the applicable health, safety, equipment and sanitation requirements of the Code and applicable Department of Health Food Code Rules.
(f) License issuance prohibited when. In addition to the prohibitions set forth in Section 4-8-025, no pop-up food establishment host license shall be issued under this section:
(1) if the applicant for such license fails to complete a consultation with the Department of Health, as required under Section 4-8-045(g)(1); or
(2) if the operation of a Tier II or Tier III pop-up food establishment, as applicable, is not permitted under the Chicago Zoning Ordinance at the premises identified in the license application; or
(3) if the condition, use or occupancy type of the building or premises identified in the license application has been determined by the Commissioner, in duly promulgated rules, to be unsafe or unsuitable for use as a Tier II or Tier III pop-up food establishment; or
(4) if the premises identified in the license application is a private home or dwelling unit or is used as living or sleeping quarters.
(g) Duties. A licensee under this section shall have the following duties:
(1) Consultation with Department of Health – Required. Prior to the issuance of any Tier II or Tier III pop-up food establishment host license under this section, the license applicant shall complete a consultation with the Department of Health to review and approve the suitability of the applicant’s premises for housing a Tier II or Tier III pop-up food establishment, as applicable.
(2) Ensuring that users are properly licensed – Required. A licensee under this section shall ensure that any person engaged in the business of pop-up food establishment at the licensed host location: (i) holds a valid pop-up food establishment user license under Section 4-8-044 and is operating within the scope of such license, and (ii) does not operate at the licensed host location for longer than the designated period of time indicated on the face of such person’s user’s license, or (iii) if the person engaged in business of pop-up food establishment at the licensed host location holds a Tier II or Tier III pop-up food establishment user license, such person does not operate such pop-up food establishment at the licensed host location for a period in excess of 90 days within any 365-day period.
(3) Recordkeeping – Required. A licensee under this section shall keep and maintain written records containing the following information: (i) a list of all pop-up food establishment users operating at the licensed host location and their contact information; (ii) for each such user, a copy of the menu approved by the Department of Health for use by such user at the licensed location; (iii) a list setting forth the date(s) and time(s) each such user operated at the licensed location; (iv) if a Tier III pop-up food establishment operates at the licensed location, the name of the person(s) holding a valid City of Chicago Food Service Sanitation Certificate, issued by the Department of Health; (v) a copy of all agreements entered into by the pop-up food establishment host with each pop-up food establishment user, including the effective date and termination date of each such agreement; (vi) if the pop-up food establishment user discontinues, ends, terminates, or otherwise withdraws from any contract or agreement with the pop-up food establishment host or otherwise indicates his or her intent to stop operating at the host’s licensed location, a record of the date on which such act occurred. The records required to be maintained by the pop-up food establishment host under this subsection (f)(3) shall be maintained by such licensee for a period of at least two years after the date of entry of such record. Except in cases where a licensee under this section consents to disclosure of the applicable pop-up food establishment user records required under this section or an exception to a warrant applies, including exigent circumstances, such records shall be subject to disclosure to an authorized city official pursuant only to a proper search warrant, administrative subpoena, judicial subpoena or other lawful procedure to compel the production of records that affords the licensee an opportunity for precompliance review by a neutral decisionmaker.
(4) Special equipment required when – Sanitation practices.
(i) Tier II licensees. Persons holding a Tier II pop-up food establishment host license under this section shall equip the licensed premises, or ensure that the pop-up food establishment user equips the licensed premises, with: (A) a hand sink, which may be portable; and (B) sufficient time/temperature control equipment to ensure the safety of heated or refrigerated foods. Such equipment shall conform to the Department of Health Food Code Rules governing hand sinks and time/temperature control equipment.
(ii) Tier III licensees. Persons holding a Tier III pop-up food establishment host license under this section shall equip the licensed premises, or ensure that the pop-up food establishment user equips the licensed premises, with all equipment required in restaurants in conformity with the Department of Health Food Code Rules.
(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 – Imminent threat – Post-deprivation hearing authorized when. Any violation of this section may result in license suspension or revocation in accordance with Section 4-4-280. Provided, however, that if the Commissioner has good cause to believe that a licensee under this section is hosting pop-up food establishments at the licensed location in violation of this Code or any other applicable law, and that continued hosting operations at the licensed location pose an imminent danger to the public health or safety, the Commissioner may order the immediate temporary suspension of the pop-up food establishment host license for a period not to exceed ten days. Notice of the temporary suspension and the grounds for that suspension shall be sent or delivered to the licensee without delay. The licensee shall have an opportunity for a hearing before the Department of Business Affairs and Consumer Protection prior to the expiration of the ten-day temporary suspension period. If the licensee fails to request a hearing within the prescribed time indicated on the notice, or requests a hearing but fails without good cause to appear at such hearing, the pop-up food establishment host license shall be deemed revoked. Nothing in this section shall prevent the Department from suspending the licensee’s pop-up food establishment host license for a longer period of time or from revoking the license in accordance with Section 4-4-280.
(j) Enforcement. The Department of Business Affairs and Consumer Protection and Department of Health are authorized to enforce this section.
(Added Coun. J. 9-20-18, p. 84293, § 9; Amend Coun. J. 11-7-18, p. 88803, § 8; Amend Coun. J. 11-20-19, p. 9510, Art. IV, § 16)
Every license shall be posted in a conspicuous place in that part of a licensed establishment to which the public has access, but every mobile food vendor shall post each license or emblem in a conspicuous place in that part of the vehicle, cart or produce stand to which the public has access by sight, and every automatic food-vending machine operator shall post evidence of its license on the exterior surface of all automatic food- vending machines in a conspicuous location to which the public has access.
(Added Coun. J. 6-10-96, p. 23652; Amend Coun. J. 7-25-12, p. 31326, § 1; Amend Coun. J. 9-20-18, p. 84293, § 8)
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