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(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)
(a) A license applicant who is located outside the jurisdiction of the Department of Health may obtain a retail food establishment license from the City of Chicago which authorizes the applicant to engage in the business of an automatic food-vending machine operator provided that the applicant is conducting his business under supervision of a state or local health authority and provided the ordinance regulating same is substantially equivalent to this chapter. The applicant shall, in addition to the application, if requested, provide reports including inspection reports and laboratory results within the previous ninety (90) calendar days from the date of application, from the aforementioned health authority in the jurisdiction where the commissary or commissaries are located, indicating satisfactory compliance with such provision. If such documentation is not available, approval shall be granted by the Department of Health, if the Department determines that applicable health standards are satisfied.
(b) Applicants for a mobile food vendor license to engage in a mobile food dispenser, mobile prepared food vendor, mobile frozen desserts vendor, or mobile food preparer business who are located outside of the jurisdiction of the Department of Health may obtain a license from the City of Chicago; provided, that the vehicle does comply with the applicable requirements of this Code and (i) the mobile food dispenser, prepared food vendor or mobile frozen desserts vendor applicant does dispense foods which are prepared and wrapped in a commissary which conducts its operations under the supervision of a state or local health authority; or (ii) the mobile food preparer applicant prepares food in compliance with rules of the Department of Health and the applicant conducts its operations under the supervision of a state or local health authority; provided that the ordinances regulating mobile food dispensers, prepared food vendors, mobile frozen desserts vendors and mobile food preparers are substantially equivalent to this chapter. The applicant shall, in addition to the application, provide inspection reports and a copy of the business license from the state or local health authority in the jurisdiction where the food source or commissary is located, indicating compliance with such provisions. If such documentation is not available, approval shall be granted by the Department of Health, if the Department determines that applicable health standards are satisfied. The Department of Health may require food to be submitted for laboratory testing.
(Added Coun. J. 6-10-96, p. 23652; Amend Coun. J. 7-25-12, p. 31326, § 1; Amend Coun. J. 12-13-17, p. 63286, § 2; Amend Coun. J. 11-14-18, p. 90308, Art. II, § 1)
It shall be the duty of any owner, licensee or person in charge of any food establishment who has knowledge of, and of any physician who attends or prescribes for, and of every superintendent or person in charge of any hospital caring for, any person suffering from or suspected of suffering from food poisoning or infection or any form of such poisoning or infection, whether bacterial or chemical, at once to report this fact to the Department of Health and thereafter to submit to the Department of Health a written report stating the name and address of the person thus afflicted, the nature of the poisoning or infection and the source or probable source of the same.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 6-10-96, p. 23652; Amend Coun. J. 12-13-17, p. 63286, § 2)
(a) A licensee shall comply with all of the particular regulatory provisions pertaining to: (i) each activity to be performed under a license issued pursuant to this chapter; and (ii) each food product used in the performance of such activities, including the provisions contained in Chapters 7-38, 7-40, and 7-42.
(b) Sections 750.10 – 750.1700 of the Food Service Sanitation Rules and Regulations; 77 Ill. Adm. Code 775, the Illinois Grade A Pasteurized Milk and Milk Products Rules and Regulation; and 77 Ill. Adm. Code 785, the Illinois Manufactured Dairy Products Rules and Regulations, of the Illinois Department of Public Health, as promulgated and amended from time to time pursuant to 20 ILCS 2305/2 (1994), 410 ILCS 620/21 and 410 ILCS 635/15, as amended, are expressly adopted as the rules of the city, except insofar as they may be modified or rejected by rules of the Department of Health. The Commissioner shall promulgate such additional rules as may be necessary for the proper administration and enforcement of this chapter.
(Added Coun. J. 6-10-96, p. 23652; Amend Coun. J. 12-13-17, p. 63286, § 2)
(a) Requirements. In connection with any delivery or take-out order of food or beverage, a food dispensing establishment may only provide single-use foodware upon request from the customer or at a self-service station. Food dispensing establishments shall provide options for customers to affirmatively request single-use foodware when ordering food and beverages for delivery or take-out across all ordering or point of sale platforms, including internet enabled applications, digital platforms, phone orders, and in-person ordering. The Commissioner of Business Affairs and Consumer Protection is authorized to establish, by rule, a standard sign for use by food dispensing establishments in connection with this section, subject to the requirements of Chapter 2-40 of this Code. The requirements of this section are subject to any applicable public health order.
(b) Exceptions. This section shall not apply to:
(1) single-use foodware necessary to address safety concerns, such as lids, drink stoppers, beverage trays, and cup sleeves for beverages served at an average temperature in excess of 170 degrees Fahrenheit;
(2) an automatic food vending machine;
(3) any single-use foodware that is prepackaged with or attached to any food or beverage products by the manufacturer prior to receipt by the food dispensing establishment;
(4) any charitable food dispensing establishment;
(5) single-use foodware provided in connection with any food or beverage order fulfilled at a drive-through facility, as defined in Section 17-17-0247.5;
(6) any food dispensing establishment located at Chicago O'Hare International Airport or Chicago Midway International Airport; or
(7) a food dispensing establishment granted a waiver from the Department of Business Affairs and Consumer Protection, in accordance with rules promulgated by the Commissioner of Business Affairs and Consumer Protection.
(Added Coun. J. 9-14-21, p. 35529, § 2)
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