(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)