4-212-030 License – Application – Investigation – Prohibition on license issuance – Revocation.

   (a)   An application for any pop-up retail user license issued under this chapter shall be made to the Commissioner on forms provided by the Commissioner, in conformity with the general requirements of this Code relating to applications for licenses and with the specific requirements set forth in Section 4-4-050.

   (b)   In addition to the information required under subsection (a) of this section, any applicant who is the organizer or sponsor of a trade show or exhibition shall identify the location, date(s) and time(s) of the applicable trade show or exhibition and shall provide the Commissioner with the following information about each pop-up retail user participating in such trade show or exhibition: (1) the user’s full legal name; (2) the user’s residence address and telephone number; (3) the user’s business address and business telephone number; (4) the user’s Illinois Retailers’ Occupation Tax number; (5) the name of the business entity or entities that the user represents; (6) the type(s) of merchandise or service that the user desires to sell at the trade show or exhibition; (7) the time(s) and date(s) that the user will be present at the trade show or exhibition; and (8) any other information that the Commissioner may reasonably require.

   (c)   In addition to the information required under subsection (a) of this section, the applicant for a pop-up retail user license shall provide the Commissioner with the following information: (1) the applicant’s Illinois Retailers’ Occupation Tax number; (2) the name of the business entity or entities that the applicant represents; (3) the type(s) of merchandise or service that the applicant desires to sell; (4) the location(s) where the applicant proposes to sell such merchandise or service; and (5) any other information that the Commissioner may reasonably require.

   (d)   In addition to the information required under subsection (a) of this section, the applicant for a produce merchant license shall provide the Commissioner with the following information: (1) the applicant’s Illinois Retailers’ Occupation Tax number; (2) the type(s) of produce that the applicant proposes to sell; and (3) any other information that the Commissioner may reasonably require.

   (e)   The Commissioner may investigate to ascertain whether any applicant for a pop-up retail user license under this chapter is a proper representative of a reliable and responsible business entity, and whether the proposed sale of merchandise or commodities complies with other provisions of this Code. If the Commissioner finds that an applicant or licensee has misrepresented his affiliation or authority to represent any business entity or to sell such business entity’s merchandise or services, or that the merchant or business entity that the merchant represents has admitted to committing deceptive business practices, or has been convicted of or entered a plea of nolo contendere to charges of deceptive business practices in any jurisdiction or has failed to remit taxes or fees owed to the city, or that the applicant or licensee has failed to comply with any provision of this Code applicable to the sale of merchandise or services, the Commissioner shall, as applicable, withhold or revoke the license. In the case of revocation, the Commissioner may summarily revoke the license so long as the Commissioner provides the licensee with an opportunity for a hearing within 24 hours after such summary revocation occurs.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 5-9-12, p. 27485, § 94; Amend Coun. J. 11-8-12, p. 38872, § 108; Amend Coun. J. 9-20-18, p. 84293, § 15)

4-212-040 License – Fee – Duration – Change of location.

   (a)   License fee. The fee for a pop-up retail user license shall be as set forth in Section 4-5-010.

   (b)   Duration of license. Pop-up retail user licenses under this section shall be issued for a 5-day, 30-day, 90-day, 180-day or one-year period.

   (c)   Change in location authorized when. The holder of a pop-up retail user license under this chapter is authorized, throughout the duration of such license, to change the location of the premises where such licensee operates the business of pop-up retail user without having to obtain a separate pop-up retail user license for such location, if all of the following conditions are met:

      (1)   the operation of such business at the desired location is permitted under the Chicago Zoning Ordinance; and

      (2)   the location of the premises where the licensee conducts the business of pop-up retail user is a fixed indoor retail space for the sale of merchandise or provision of services and not an outdoor space; and

      (3)   the licensee complies with the recordkeeping requirements set forth in Section 4-212-043.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 5-9-12, p. 27485, § 95; Amend Coun. J. 9-20-18, p. 84293, § 16)

4-212-043 Change of location – Recordkeeping – Required when.

   (a)   Content of records. If the holder of a pop-up retail user license, during the duration of such license, changes the location of the premises where such licensed user is operating in accordance with of Section 4-212-040(c), such licensee shall keep and maintain a written record containing the following information about each such premises: (l) 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 retail user business at such 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 retail user business is operating, including the effective date and, if any, the termination date of each such agreement; (5) if the licensee discontinues, ends, terminates or otherwise withdraws from any such agreement , a record of the date on which such act occurred; and (6) any other information the Commissioner may reasonably require in duly promulgated rules.

   (b)   Maintenance and inspection of records. The records required under subsection (a) 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.

(Added Coun. J. 9-20-18, p. 84293, § 17)

4-212-045 Trade shows and exhibitions – Free samples of food – When authorized.

   Pop-up retail users who conduct their business at a properly licensed trade show or exhibition shall be allowed to give away free samples of food at such trade show or exhibition, without having to obtain a pop-up food establishment user license under Section 4-8-044, if all of the following requirements are met: (1) such food is not a potentially hazardous food, as defined in Section 4-8-010; and (2) such food is processed or manufactured by a properly licensed entity.

(Added Coun. J. 5-9-12, p. 27485, § 96; Amend Coun. J. 9-20-18, p. 84293, § 18)

4-212-050 Reserved.

Editor's note – Coun. J. 5-9-12, p. 27485, § 97, repealed § 4-212-050, which pertained police reports.

4-212-055 Exemption from prohibition on outdoor operations.

   Notwithstanding any language to the contrary in Section 17-3-0304, a licensee under this chapter shall not be required to conduct the business of pop-up retail user within a completely enclosed building and may conduct the business of merchant outdoors.

(Added Coun. J. 5-9-12, p. 27485, § 98; Amend Coun. J. 9-20-18, p. 84293, § 19)