(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)