4-8-065 Single-use foodware.

   (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)

4-8-066 Prepackaged and nonperishable food – Exemption.

   (a)   No establishment where the only food, drink, confection or condiment that is stored, sold or offered for sale is prepackaged and nonperishable shall be required to obtain a retail food establishment license. A limited business license may, however, be required pursuant to Chapter 4-4.

   (b)   In no event, however, shall this section exempt persons in the automatic food-vending machine business from the license requirements of this chapter.

(Added Coun. J. 6-10-96, p. 23652; Amend Coun. J. 11-8-12, p. 38872, § 78)

4-8-068 Violation – Penalty.

   Any person who violates or who resists enforcement of any provision of this chapter or any rule duly promulgated thereunder shall be fined not less than $200.00 nor more than $1,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

(Added Coun. J. 6-10-96, p. 23652; Amend Coun. J. 4-19-17, p. 48180, Art. II, § 2)

4-8-293 Mobile food vehicle – Additional requirements for selling frozen desserts from commercial motor vehicles.

   In addition to the requirements of Section 4-8-037, every motor vehicle used by a mobile food dispenser or mobile food preparer for the sale, offering or display of frozen desserts shall be equipped with a signal arm. Any person who violates this section and the applicable rules of the Department of Health shall be subject to a fine of not less than $200.00 and not more than $500.00 for each offense.

(Added Coun. J. 5-20-98, p. 69356, § 1; Amend Coun. J. 7-6-11, p. 3023, § 1; Amend Coun. J. 12-13-17, p. 63286, § 2)