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so20l2-4489

Meeting Date: Sponsor(s):

6t27t2012 Emanuel, Rahm (Mayor) Tunney, Thomas (44) Moreno, Proco Joe (1) Reilly, Brendan (42) Burnett, Walter (27) Smith, Michele (43) Waguespack, Scott (32) Mitts, Emma (37) Ordinance Amendment of Titles 2, 4,7 ,9, 10 and 17 of Municipal Code regarding mobile food vehicles Committee on License and Consumer Protection

Type: Title: Committee(s)

Assignment:

o2012-4489

Chicago, July 25,2012 To the President and Members of the City Council: Your Committee on License and Consumer Protection, having under consideration a substitute ordinance introduced by Mayor Emanuel, the Commissioner of Business Affairs and Consumer Protection and Aldermen Tunney, Moreno, Reilly, Burnett, Smith, Waguespack, Mitts and Cochran (which was referred on June 27,2012), to amend the Municipal Code of Chicago regarding Mobile Food Vehicles, begs leave to recommend that Your Honorable Body p a s s the substitute ordinance which is transmitted herewith. This recommendation was concurred in by a viva voce vote of the members of the committee on July 19,2012, Alderman Arena opposed.

Respectfully submitted,

CHAIRMAN, COMMITTEE ON LICENSE AND CONSUMER PROTECTION

OActp't4aq

^\t-Y
SUBSTITUTE ORDINANCE

BE IT ORDAINED BYTHE CITY GOUNGL OF THE CITY OF GHIGAGO:

SEC1ON L Chapter4-8 of the Municipal Code of Chicago is hereby amended by deleting the language struck through and by inserting the langua underscored, as follows:
Thefollowing definitions shallapply in the interpretation and the enforcementof this chapter and chapters 7-38, 7-4Q and 7-42 unless the context clearly ndicates that another meaning is intended. The listing of items as examples in any deflnition is intended to be illustrative and not exhaustive. (Omitted text is not affected by this ordinance)
"Cold storage establishmenf' means a house or room used forthe storage or preservation of food for a period of 30 days or more in which ice, refrigerating machinery or other artificial means of cooling are used.

4-8-010

Definitions.

&

"Gommissary" means any duly licensed food establishment in which food, containers or supplies arestored, kept, handled, prepared, packaged and directlyfrom which vending machines. eretffi mobile food dispensing:or vehicles or otherfood dispensing operations are seruiced, and where mobile food vehicles are cleaned. "Commissioner" means the commissioner of the deparnent of health. (Omitted text is not affected by this ordinance)

that is enclosed or wrapped for sale in public ways, serves previously prepared food indivdual oortions. coffee. other beveraqes or whole and uncooked fruits or vegetables from a wheeled vehicle.
"Mobile desserts vendor" means any person who, by traveling from place to place upon the public ways, serves from a two-wheeled or three- wheeled motorized or non-motorized vehicle, pushcart, or handcart individual portions of ice cream, ice mlk, frozen dessert mix, sundaes or other frozen desse1s that are totally enclosed in a wrapper or container and which have been manufactured, prepared or wrapped in a licensed food establishment.

"Mobile food dispense/'means any person who, by traveling from place to place upon the

ffi(

'Moble food vendof means a mobile food dispenser, mobile food preparer. produce merchant or mobile desserts vendor.

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'Mobile food prepare/' means any person who, by traveling from place to place uoon the public wavs, prepares and serves food from a mobile food truck.
"Mobile food trucK' means a motorized vehicle used to conduct a mobile food Prearer business.

'Mobile food vehicle" means a motorized vehicle used to conduct a mobile food disenser, mobile food preparer or mobile desserls vendor business. (Omitted text is not affected by this ordinance)
',produce merchant' means any person who sells produce outdoors from a produce stand, and who conducts at least 50 percent of his operations in areas underserved by grocery stores, as

defined herein, and whose stand is (1) located on a private or public property with the written permission of the property owner, or located on the public way in connection with a valid public way use permit issued. pursuant to ehapter section 1 0-28-060 of this Code; (2) removed in its entirety from such private properly or public way at the end of each business day and (3) in compliance with all applicable requirements of the Chicago Zoning Ordinance, including, but not limited to, any requirement prohibiting commercial sales within residential districts.

(Omitted text is not affected by this ordinance)

4-8-A20 Licensing requircments- Exceptions. (Omitted fexf s not affected by this ordinance)
(1) No person shall engage in the business of a mobile food dispenserwithout first having obtained a mobile food dispenser vendor license to enoaoe in a mobile food dispenser business. (2) No person shall engage in the business of a produce rnerchant without first

(c)

havng obtained
business.

a mobile food dispenser vendor license to engage in a produce merchant

(3) No person shall engage in the business of a mobile food preparer without first havno obtained a mobile food vendor lcense to enoaoe in.a mobile food preparer business. (4) No person shall engaqe in the business of a mobile desserts vendorwithout first havno obtained a mobile food vendor license to enoaqe in a mobile desserts vendor busness. (Omitted text

is

not affected

by this ordinance)

Nothing n this chaptershallbe construedto prohibitthe sale of whole and uncooked fruits and vegetablesfrom a mobile food vehicle used to conduct a mobile food dispenseror moble food oreparer business. or otherwise as permitted in accordance with Sections 4-244-A1O and 4-Z++-OZOof the Municipal Code perbining to peddlers.

(i)

All charitable food dispensirg establishments shall be exempt from the retail food establshment license.
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4-8-036 License -Application and cateqory- Mobile food dispensers vendors' ln addition b the general applbation requirements,

(a)

dispenser. mobile food preparer or mobile desseds vendor busiress shall supply
the name and address of the commissarywherethe

an applicant for a mobile food dispenservendor license to engage in a mobile food

@ tA

vehicle is or cart will be cleaned and stored serviced. nd if the vehicle or cart is not stored at the commissary. the name and address of the place where such vehicle or cart will be stored when not in use.andthe The department of health shall verifu apProve such locations:

an applcant for a mobile food vendor license to enqaoe in a moile food dispenser on mobile food preparerbusnessshallcomplete a consultation with the department

b,erlsed, and food safety operations prior to obtaininq a mobile food vendor licens. As part of this consultation, the applicant shall provide a proposed menu of lncluding_a list of all food items the applicant intends to serve. At the time for a mobile food vendor license to engaqe in a mobile consuliaton. an applcant food preparer business shall provide a City of Chicaqo Food Sanitation Manager
Certficate issued to the applicant or the applicant's employee who will ooerate the mobile food truck:

of health to review the proposed business practices. the vehicle and equipment to

an applicant for a mobile food vendor license to enoaqe in a fnobil.e.foo-d dispenser

or moble food preparer busness shall make the applicant's mobile food vehicle

avaiable for inspection by the department of health at a location determined

b@; fO

gs in the mobile food vehicle shall produce proof to the commissionerof business ffairs and consumer protecton that he has obtained qeneral commercial labilitv insurance with limits of not less than $350.000.00per occurrence, combined single limt. for bodilv iniurv and property damage arising n any way from the issuance of the license or activities conducted pursuant to the license. The insurance policy requred underthis subsectionshall: (1) be issued byan insurerauthorizgdto insure in lllinos: (2) name the City of Ghicago as additional insured: and (3) include a provsion requiring 30 days' advance notice to the commissioner of business affairs and consumerprotection priorto cancellation or lapse of the policv. lf a mobile food vendor license is issued to such applicant. quch licensee shall maintain the insurance required under ths subsecton in full force and effect for the duration of ihe lcense period. The licensee shall also keep proof of the required insurance in the mobile food vehicle at all times when the vehicle is in use and. upon demand. shall produce such proof for inspection bv an authorized city official. Failure to complvwith the requirements of this section shall be groundsfor the suspension or revocation of the license.
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an applicantfor a mobile food vendor license who.will use a propane tank or natural

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(b)

vendor ail-eomply with all the lieensing requirements applieable to the mobile food disPenser

Except as otherwise provided in this subsection, in addition to the general applicaton requirements, an applicant for a mobile food dispenservendor license to engage in a produce mercirant business shall provide the commissioner of business affairs and consumer Tax rotection with the following information: (1) the applicant's lllinois Retailers'Occupation proposesto sell; and (3) any other information number; (2) thetype(s) of proucethatthe applicant thatthe commissionermay reasonably require. The inspection and approval requirements provided in section 4-8-030(b) shall not apply to an applicant for a mobile food dispenser vendor license to engage in a produce merchant business.

color-co,ded embms for the following mobile food vendor business caqories:

14

The commissioner of business affairs and consuner protection iS authorized to issue

_ Z. 3. 4.

mobile food vendor license to enoaoe in a mobile food rearer business. A moble food vendor license to engage in a mobile food dispenser business. A moble food vendor license to engaqe in a mobile desserts vendor business. A mobile food vendor license to engaqe in a Eoduce merchant business.

rules promulgated by the commissioner'

4-8-037 Restrictions on mobite food ispensers vendorsThe city council may from time to time define areas, in the interest of preserving public health and safetv or avoiding traffc conqestion. in which no mobile food dispenser vendor may pr"p"* * d"p""se fooO from a wheeled vehicle. The city clerk shall maintain for public inspection and copying a file of all ordinances defning such areas'
Dispensing or preparinq food from a wheeled vehicle within the following designated areas is hereby prohibited: (1 Beginning at the intersection of Laflin Street and Monroe Street; thence south on Laflin Streetto Jackson Boulevard, thencewest on Jackson Boulevard to Paulina Street thence north on Paulira Street to Monroe Street; thence east on Monroe Street to Laflin Street.

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4-8-040 License fees.

(Ornitted text is unaffected bythis ordinance)
Mobile food dispenser vendor license. A separate mobile food vendor license is required for each mobile food vehicle. cart or produce stand used by the mobile food dispenser

(c)

vendor@intheconductofhisbusiness.Thefeeforsuchlicenseshallbeas
set forth in Seclion 4-5-010.

(d)

Shared kitchen and shared kitchen user licenses. The fees shall be as set forth in

Section 4-5{10.

- Posting. towhichthepublichaSacceSS,buteverymobilefood@vendorshallpost
4-8-045 License

Every license shall be posted in a conspicuous place in that part of a licensed establishment

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 publ'n has access.

4-8-048 Appticants - Operating under supervision of outside health department. (a) A licenseapplicantwho is located outsidethe jurisdiction of the department of health may obiain 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 includng inspection reports and laboratory results from the aforemenlioned health authority in the jurisdictionwherethe commissary or commissaries are located, indicating satisfactory compliance with such provision. lf such documentation is not available, approval shall be granted by the department of health, if the department determines that applicable health standards are satisfied
Applicants for a mobile food dispenser vendor license to engaoe in a mobile food dispenser or mobile food preparer business who are located outside of the jurisdiction of the
department of heahh may obtain a license from the City of Chicago; provided, that the vehicle does

(b)

dispenser applicant does dispense foods which are prepared and wrapped in a commissary which conducts ts operations underthe supervision of a state or local health authority; or (iil the mobile food preparer applicant prepares food in compliance with rules and reoulations adopted by the board of health and the applicant conducts its operations underthe supervision of a state or local health authority:providing provided thatthe ordinanc regulating sameis mobile foqd dispensers and mobile food preoarers are substantially equivalent to this chapter. The applcant shall, in Cdition to the application, if requested. provide reports iniluding inspection reports and laboratory

complywiththeapplicablerequiremenof@4HthisCodeand(Dthemobilefood

results from the state or local health authority in the jurisdicton where the food source or commissary is located, indicating compliance with such provisions. lf such documentaon is not available, approval shall be granted by the deparnent of health, if the department determines that applicable health standards are satisfied.
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new sections 7-38-075, 7-38-117,7-38-120,7-38-126 to 7-38-138, inclusive, by deleiing the language struck through, and by inserting the language underscored, as follows: 7-38-020 Control of vermin and insects. ln accordance with this section and the rules and regulations of the board of health, all necessarycontrol measures shall be used to effectively minimize, or eliminatewhen possible, the presence of rodents, roaches and othervermin and insects on the preffiisses premses of all food establishments, in food-transporting or mobile food vehicles and vending machines. All garbage and rubbish shall be stored, removed and disposed of as prescribed in this section and he rules and regulations. Every food establishment shall maintain a log containing a written record of the control measures performed by exterminators or other pest control businesses on the premises or mobile food vehicle of the food establishment and receipts and reports prepared by the exterminators or otner pest control businesses for the contnl services. The log shall be open to inspection by city health and sanitation inspectors.
(Omitted text is not affected by this ordinance)

SECTION

ll.

Chapter 7-38 of the Municipal Code of Chicago is hereby amended by adding

7-38-040 Vehicle sanitation requiretrents. (Omittedfexf rs unaffected byths ordinance)

vehele used y a mobile fosd dispenser in the eondueFof said business shalFeomplfwitl'rthe

tz)
dispensen-and

tnanterior rl

(4)

alFfood serviee equipment utilized n the rnsbile food dispensershall be of

easf'y eleanale eo

ARTICLE

II. MOBILE FOOD ISPENSERS VENDORS

Pat

A. General provisions'

7-38-075 Mobile food vehicles. 19 ln addition to the requirements contained in subsection (a) of section 7-38-040, every vehicle used bv a mobile food dispenser or mobile food preparer in the conduct of such business shall complv with the followinq requirements:
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the vehicle shallbe enclosed vrith top and sides: the interior floor, walls and ceiling of each vehicle shall be of smooth. not readily corrodible. impervious material capable of withstandino repeated washing and scrubbinq and shall be finished in a light color: f the vehicle shall not be used for anv purpose other than a mobile food dispenser or as a mobile food oreparer business: t all food service equipment.utilized by the.mobile food dispenser or mobile food preparershall be of easily cleanable construction and shall be maintained in oood repair and a clean condition any ) the vehicle shall be registered as a commercialvehicle andlllinoisperson who or another operates such vehicle must have a valid driver's license issued by the state of state, district or territory of the United Stes: 1o the vehicle shall be inspected and maintained by a licensed professional. including mechancs and. if applicable. by professionals who install and maintain fire p!'evgntion equpmnt, and propane tanks on mobile food vehicles, as often as necessarv but not les5 than every gO days, and copies of the last four maintenance reports must be kept in the vehicle at all times while the vehicle is in use: and g) there shall be no more than 40 pounds of propane in tre vehicle.
Prior to the construction. remodeling. purchase or use of any mobile food truck or the addition of any new equipment for the storaqe or preparation of food. plans for such vehicle

l tA

must be submitted to the_department of health. and. if the mobile food vehicle uses propane. natural gas. or has a fire suppression hood. the fire deoarbnent for approval.

7-38-090 Refrigeration and heathg equipment.

pershab produeb; ineluding meatsandwiehesand eream-filled pieqshall be stored in the vehiele at a temperature+lot irexeess of 40 degrees l-ahrenheihexeept that perishable food produets

ordevieq

Heathg applianee or oven temperatsres shall be keptafa minimum temperature of 180

intervaltemperaHre o

All mobile food vehicles shall have adequate mechanical refrigeration equipment as approved by the department of health. and such equipment shall be capable of maintaining food or drink at a temperature of 40 deqrees Fahrenheit or less. if any food or drink is required to be kept cold. All mobile food vehicles shall have adequate mechanical heatinq equipment as approved by the department of health. and such eouipment shall be capable of maintainlng food or drink at a temperature of 140 degrees Fahrenheit or more, if anv food or drink is required to be kept hot, or capable of heating food or drink to a temperature of 165 deorees Fahrenheitor more, if any food or drink is required to be heated. All mechanical refriqeration and heatino equipment shall be equipped with a thermometer.
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7-38-095 Milk and milk products. A mobile food vendorshallserve all Aft milk and milk productssHl-ffi only in the individual containersor approved dispensersin which the productwas filled in a GradeA milk plant

00 Single-service food ubnsils. A mobie food vendor shall use only ffy single'service food utensils sHl-stsed. All single-service food utensils such as cups, straws, knives, forks, spoons and stirrers shall be
7-38-1

individually wrapped, kept in a clean place, properly handled and shall be used only once. All cups and containers for bulk drinks shallbe stored in closed cartons and served from dispenserswhich protect their rims from contamination by customers, dust, dirt or flies.

7-38-l05 lnformation required on wrapper

and

otherslmilar

i\lFindividually wrap-ed portionsof -erishable food produets; ineluding sandwiehes; pies

iner

provided: Thenameand address oftheestablishmentproeessing or nranufaeturing and wrapping

tem All pre-packaoed food must be individually wrapped and must comoly with the labeling
requirements orovided in 21 CFR Part 101. as amended.
No person shall keep or offerfor sale individual portions of perishable food productswhich have been rewrapped or repackaged or portions of which the identifying date on the wrapper has been altered, disfigured or changed in any manner.

-38-110 Storage provisions. A mobile food vendor shall store all All perishable food products shatl-ffi as provided in this chapter or as provided by the rules and regulations established by the board of health until served to the customer.
7

hours or (i) the maximum permitted period for parkinq. whichevr is lesser. in any one block.

(a) Mobile food dispenservehicles shall move from place to place upon the public ways and shall not be operated at a fixed location except as otherwise provided herein. (b) Stops shall be made only to service customers and shall not exceed !) a total of two
ing

7 -38-11

5 Operational requiremnts.

(c)

No mobile food dispenser vehicle shall be equipped with any electronic sound-

amplfying device. Permitted advertising devices shall be limited to bells, whistles, horns or other musical or noise-making devices which do not employ any electronic sound- amplifying device. Mobile food dispenservehicles employing musicalor noise-making devices shall only sound said devices when traversing the public way and shall be prohibited from sounding said devices vrhite standino or parked. (c-5) No mobile food dispenservehicle equipped with a musical or noise-making device shall sound any such device at any location between the hours of 7:00 p.m. and 9:00 a.m., or at

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quiet any time within 200 feet of a hospital, nursing home or while traversing any zone of esiablished under Chapter 10-8 of the Municipal Code. (d) Unless specifically allowed in a mobile food vehicle stand. No no sales from such vehicle inall Ue made between the hours of 't0tpm:2:00 a'm and +3e 5:00 a'm' feet of a ehureh; a schsol or sehool playground while sehool is in session(i) within 20 feet of a crosswalk: liil within 30 feet of a stop light or stop si@; or (iii) adiacent to a protected bike lane.
(f)

(e)

No operator of sueh a mobile food vehicle shall park or stand such vehicle within-200

feet of any principal customer entrance to a restaurant which is located on the street level; * ^- ^ ^-l
^

No operator of suetr a mobile food vehicle shall park or stand such vehicle within 200

used, maintained, advertised and held out to the public as a place where food and drink is and served for the public for consumption on or off the premises pursuant to the required licenses. Such establishments include, but are not limited to, restaurants, coffee shops, cafeterias, dining rooms, eating houses, short ordercafes, luncheonets, grills, tearooms and sandwich shops. Except as otherwise provided herein. No no sale shall be made from sueh a mobile food veirc except frorn ttre cu side thereof, and then only when such vehicle is ega standinq or parked in a legal parkinq soot. Mobi foOdispenser vehicles that are being used to provide food and drink to persons engaged n construction in the City of Chicago and which are not equipped with noise(f) above. provided such vehicles making Oevicel are exempt from the provisions of parkng spot' are standinLor parked in a legal

@rpurposeSofthissection,meansanypublicplaceatafixedlocationkept, prepared

(g) (h)

(bffiffi

in section 7-38-128 section snalt Oe fined S500 as deemed to have been committed for each and every day on separate and distinct offense shall be wncn any person shall be guilty of such violation; provided that, the intervening days between when a liiense holderwhose license has been suspended applies for restoration of the license and a reinspection has been conducted by the department of health shall not constitute separate offenses if the violation was found to be corrected upon reinspection. A motor vehicle that is used in a second or subsequent violation of subsection (c-5) of this section shall be subject to seizure and impoundment under this subsection (i). The owner of record of such vehicle shall be liable to the city for an administrative penalty of $750.00 in addition to fees for towing and storage of the vehicl. Whenevera police officer has probable causeto believe that a vehicle is subjectto seizure and impoundnent pursuant to this subsecon, the police officer shall provide for the towing of the vehicleto a facility controld by the city or its agents. When the vehicle is towed, the police officer shall notify the person who is found to be in control of the vehicle at the time of the alleged violation if there is-suclr a person, of the fact of the seizure and of the vehicle owne's right to request a preliminaryhearingtobe conducted underSection2-14-132ofthis Code. Theprovisionsof Section 'Z-l+-lSZnafi apfly whenever a motorvehicle is seized and impounded pursuantto this section. A violation of any'piovision of this section other than subsection (c-5) shall be punishable under Section 7-38.675. Moble food vehicles shall be operated only by the mobile food vehicle licensee or by an authorized emoloyee of such licensee.

whoviolatesorresiststheenforcementofsubsection(c-5)ofthis A provided of this Code for each violation.

lD
(a

all of the following requirements are met: Page 9

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The mobile food vendor has obtained the express writtqn cgnsent of the owner or_lesseerof such properly and such written consent is kept in the mobile food vehicle at all times when the vehicle is on the property:

the Chicaoo Zonino Ordinance: and

(fl of this for the private prroperhr that aliws the operation of the mobile food vehicle. subsection section.
(kX1). no tA Notwthstandino any other provision in subsection(i) lot in aoperation of a mobile vacant.buldino. For (i) vacant lot, or food vel'tcle is allowed on a prvately-owned ascribed to the term in section 13the term "vacant" has the meanino @on,
12-125(e) of this Code.

Global-Positoning-System (GPS) device which sends real-Jime data to any service that has a pub,licly-accessib application prooramming interfacq"(A'Pl)..For: qurposes of enforqnq this chapter' rebuitab,le pnesumlion shall be created that a mobile food vehicle is parked at places and times as shown in the data tracked from the vehicle's GPS device-

7-38-ll7 Mobile food vehicle stands prooram

this section.

"Commssione/'means the citv's commissioner of transortation. ;Blck' means both sides of the part of a street that lies between two intersectinq streets, as the term 'streef is defined in seclion 9-4-010 of this Code.
oursuant to this section.

f C] IA

The follownq defnitions shall apply for purposes of this section'

The commissioner is authorized, subiect to the aporoval of the ci.ty council. to establisl-stands wl'rere mobile food vehicles may be operated at all times or durinq certain proposed stand will sp,ecifred p,eriods. if, after consultino with the alderman of the ward in which a that establishing such a bloaated andlhe department of police. the commissioner determines stand (1) wiil no,t create undue safety hazards in the use of the street by vehicular or pedestrian traffci (2) wll not mpede the safe and efficient flow of traffic upon the street on which the mobile
fo,o,d vericle

(g)

ffim

areasre

stand is prooosed: and (3) establishing such a stand provides benefit and convenience of s such stands shall be established in each community area, as such designated n section 1-14-010 of this Code. that has 300 or more retail food

establishments.
The commissionershall designate mobile food vehicle stands byappropriate siqns or curb markinos or both. lt shall be unlawful to stand or park a vehicle, other than mobile food vericles; in violtion of siqns posted. in any mobile food vehicle stands that the commissioner has des,?nated by appropriate signs or markings: provided, however. that this provision shall not apply

fO

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ffiile

to a vehicle engaged in the expeditious loading or unloadinq of passenoers when such standing food vehicle waitino to enter or about to enter into such a stand. stand isstablshed rrursuantio this section, no oerson shall operate a mobile food vehicle from wav n such block face except from the designated mobile food stand.

@ublc f

Operators of mobile food vehicles that ooerate from a mobile food stand shall be prwisio'nsrcf this section and all applcable requir-ements of this chapter, includino subject the ecion 7-38-1 1S(bXi) except for the requirement in section 7B-1 1s(fl.

The commissioner and the commissoner of business affairs and consumer protectn shall have power to adopt rules as may be necessary or useful for the proer dmnistration and enforcement of this program. including rules pertaining to the operation of mobile food vehicles from a designated mobile food stand.
protection shall evaluate the effectiveness of the program and mav recommend changes as maY be adopted by ordinance.

(g)

ft)

The commissioner and the commissioner of business affairs and consumer

7-38-120 Name and license number. Every mobile food vehicle licensee shall have the business name and license number painted in letters and fioures at least two inches in heioht in a conspicuous place on each legiblv lateral side of the vehicle.

vehicle. The ooerator of a mobile food vehicle shall dispose refuse collected from the mobile food vehicle and the environs of the place of operation at a commissary approved by the department of health.

7'5-125 7-38-1 24 Refuse receptacles. Th operator of a mobile food vehicle shall maintain a suitable, tight, non- absorbent washable receptaclefor refuse. HeThe operatorshall be responsible forsanitation of the environs . Said of the place of operatonincludinq the mobl to, but not an integral part ol the mobile food dFspens'erunit refuse receptacle shall be adjacent

7-38-126 lnspections. Mobile food vehicle licensees shall make their vehicles available for inspection at the commissary approved or at a location determined by the department of health on a schedule etermined pursuant to rules and reoulations adopted bv the board of health.
Nothing provided in this section shall be construed to prohibit the department of health from conducting periodic inspection of mobile food vehicles as provided in this Code.
7-38-1

28 Enforcenrent.

to enact rules and requlationsforthe effective mplementation of Article ll of this Chaoter, including

19

Excegtas othenvise provided

in this chapter, the board of health shall have authoritv

regulations pertainng to construction and sze requirements for mobile food vehicles, and. with Page 11

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nput from the fire department, requlations pertaininq to the installation' USe' safetV' and nd natural qas apoaratus in a mobile food vehicle'
Except as otherwise specifed in this chapter. ?nv person who violates Article ll of this Chaptersh be fined as provided n Section Z-38-575 of this Code. protection and tf g gepartment of transportation shall deparln-nt of lrave authority to enforce sections 7-38-1 1 5 and 7-38-1 17 of this Chapter.

ffisumer

ln addition to anv other city depafiment that has enforcement

authoritY, the

Any person who violates sections 7-38-1 15 and 7-38-1 17 of this chapter shall be fined nilless tfian $1O0O.OO and not more than $2.000.00 fo. each offense. Each day that the violation occurs shall be consdereda separate and distinct offense.

lO

Part B. Mobile Food Dispensers 7-38-130 Preparation and sevice of food and drink.
Indvdual portions of food that are totally enclosed in a wrapper or container and which have been mnufactured. prepared orwrapped in a food establishment licensed bv the city is operatng underthe state or local health authority if the statute or establishmentis substantialV equivalentto this chaptr. Such food step mmediately priortq servie to a consumer, provided such frnl p,renaratiorn eps conform with the rules and reoulations of the board of health.

(l

@iwhch @od @ition tA

Coffeewhich is preparedin a duly licensedfood establishment. refrioerated cream whch is-kept n a covered snole-service container or an approved cream dispenser. and suoar pouring- spout type whcfr is served onlv in wrapped indivdual packages or in a covered closed manner approved by the department of health. which is effective in preventinq contamination:

ffiiher

dispenseronlyJhese aporoved bulksoft drinkdispensen shallbe serviced and filled only at a duly icensed foo,d establishment which serves as a commiss?ry for the mobile food dispenser. The ffi[ o,utlet o,n all bulk liquid dspensers shall be protected from flies. dust and contamination:

frozen dsserts that ar totallv enclosed in a wrapper gr:. ontainer and which have been nrarlrfactured. preoared or wrapped in a licensed food establishment and
No mobile food dispenser licensee shall ooerate ?s a mobile food preparerwithout complving with allth requirements to operate as a mobile food preparer.

(!) (

Whole and uncooked fruits orveoetables.

7-38-132 Sinks. water storaqe tanks and otherplumbinq requircments.

adeouaGluy of running hot and cold water. The water storage tank shall be self-draining and
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cleaned and flushed not less than twice in each six-month period. Liquid waste from the percent larqer fandrashno sink shall be pioed in fxed piping to a liouid waste retention tank 50 in a separate area tl-ran the water storage tank. The lquid waste retention tank shall be located from food storaoe orfood-contact surfaces. The connection between the piping from the sink and tfie liquid waste-retention containershall be tiqht-fitting and complywith the plunbing sections of this-C,de. The liquid waste retenton tank shall be emptied daily or more often if necessary, and c,nly into a sanitary dranage facility in a manner and place approved bv the departf.nelt of health.

--Liciuid is in motion.

waste shail o

PART

G. Mobile Food PreParers.

rcquirements'

Any food sold or served by a mobl food preparer shall be prepared or wrapoed in the mobile food vehicle or a or in a dulv licensed food establishment.

7-38-134 Mobilefood preparep

1a (

- Operational

Allpershablefood products shall be stored as provided in this chapterand rules and regulations adopted by the board of health until served to a customer. No food that is sold or served from a mobile food preoarer's vehicle shall be stored or prepared in a residentialhome. Durng transportation and storaoe. food equipment. supplies and food contact surfaces sh all be protected fr:om contamin ation'
Mobile food preparers shall list the food purveyor establishments from where thev purchase articles of food on a daily basis. Mobile food preparers shall also keep in the vehicle co,ries of invoices from the foods' pint of origin for 30 days for all food items except that invoices for shellfish must be kept for 90 dairs.

(g)

fO

handling requirements:

fd -

Moble food preoarers shall also complv with the following food and equipment

lA {O t l

provided for customer self-service shall be pregackaged or contaired in approved dispenshg devices: food products remaining afrer each dav's ooeration shall be stored onlv in a licensed food establishment. Potentially hazardous foods held at or above 140 degrees Fahrenheit on a mobile food vehicle shall be discarded at the end of the dav: utensils and equioment shall be handled and stored so as to be protected from contamination. Sinole-service utensils shall be obtained from sanitary containers or approved sanitary disoensers. stored in a clean. dry place until used. handled in a sanitary manner, and used only once: wiping cloths must be stored in a clean solution containing 100 parts per million of available chlorine as a hvpochlorite, Other approved sanitizinq Page

no food shall be stored. displayed. or served from any place otherthan the mobile food vehicle. The use of tables, benches, and other such devices to display or serve food is prohibited: food condimenb shallbe protected from contamination. Food cndiments

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(Q) tn (8)
g

compounds at appropriate concentrations rnay be used. A testing strips kit check the concenraton of tl're san tinq soluton: customer self-service of unpacl<aqed foods is prchibited: thermometers shall be provided for all warming units and refrioeration units. A orobe-tvoe thermometer shall also be available for use on a mobile food

shliGiro@

allpotentiallv hazardous foods shall be maintained at or elow 40 deqrees -

and

all mobile food trucks must have a certified food service manaqer present when food is beinq orepared or served.

additional sanitalion requiremenb and procedures for the operation of mobile food trucks. 7-38-136 Mobile food trucks. All mobile food trucks shall be equipped with a handwashing sink and a threecompartment sink with a potable uater system under pressure. The system shall be of sufficient

l0

The board of health shall have authoritv to provide bv rules and regulations

capacity to furnish enouoh hot and cold waterforfood prepraon. utensil cleaning and sanitizing,

and handwashing in accordance with the requirements of the department of health. The water
storaoe tank shall be self-drainino and cleaned and flushed once everv 24 hours. The water inlet shall be located so that it will not be contaminated bv waste discharge, road dust. oil. or grease and it shall be kept capped unless being filled. The water inlet shall be provided with a transition connection of a size or type that will prevent its use for any other service. All water distribution pipes or tubinq shall be constructed and installed in accordance with the requrements of the plumbing sections of this Code. A mobile food truck shall be equipped with a permaneny installed liquid waste retention tank that is of at least 50 percent larger capacitythan the water supply tank. Liquid waste shall be piped in a fxed pipinq to the liouid waste retention tank. Additionallv, all connections on the vehicle for servicing shall be of different sze or type than those used for supplvinq potable water. Liqud waste shall not be discharqed from the retention tank when the mobile food vehicle is in motion. The connecton between the pipinq from the sink and the liouid waste tank shall be tiqht-fittno and comlv w emptied daily or more often if necessary. and onlv into a sanitary drainage facilty in a manner and place approved bv the deoartment of health. The liquid waste retention tank shall be located in a

f)

separate area from food storage or food-contact surfaces. The liquid waste retention tank connection shall be located lower than the water inlet connection to preclude contamination of the potable rater svstem. 7-38-138 Swicing a mobile food truck. (a) The commissary linked to a mobile food preparer must have a servicnq area approved bv the department of health. The servicng area shall complv wth the following reouiremenb:

ff)

the servicng area shall include at least an overhead protection for any supplying. cleaninq, or servicing operation. The servicino area must have a location for the flushinLand drainage of liouid waste which is separate from the location for water servicing and for the loadnq and unloadinq of food and related suppls: Page 14

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tA (b)

the surface of the servicino area shall be a smooth non-absorbent material, such as concrerte or machine-lab asphalt and shall be maintained in good repair, kept clean. and oraded to drain.

-tl

--1g1e

fne mone tooO trucf draned'during the servcing operation. All liouid waste shall be discharged to a sanitarv sewaoe disposal. The moble fooiltruck's orease. where used, shall be drained into a storage bin approved by the clepartment of health. No grease shall be discharged to the sanitary sewage disposal. Garbage disposals shall be installed in compliancewith the plumbino sections of this Code. A commissary must keep a log of all mobile food trucks serviced by the commissarv as well as the date and time the trucks were serviced-

PART D. Mobile Desserts Vendors. 7-38-140 Mobile desserts vendor. Except as otherwise provided in this section, a mobile desserts vendor shall comply with all applicable requirements oi ths Code, including the requirements set forth in Article ll, Parts A and'fj of this Chapter, and the rules and regulations of the department of health pertaining to

rnonl"unitshandlingfrozendesserts. Amobiledessertsvendorisnotrequiredtocomplywiththe

itl (2) the sinks, water storage tanks and plumbing requirements set fo1h in Section 7& tffi7-38-',132; ( the refuse receptacle requirements set forth in Section :/-'8'1%7-38-124; i+i the mobile food vehicle requirement set forth in Section 78-40ffl) 7-38075(aX1);and ol the additionatvehicle requirements set forth n section 4-8-293.
090;

following requirements: the hot food storage and heating appliance requirements set forth in Section 7-38-

Part E. Produce Merchants. 7-38-142 Produce lrerchants - Operational requircments - Unlawful acts. It shall be unlawfulfor any produce merchantto engage in any of the following activities at any produce stand operated by such produce merchant
(Omitted fexf
r's

not affected by this ordinance)

To combine any activity authorized under a mobile food dispenser vendor license to engage in a produce merchant business with any activity for which a different or separate license or p"irt is required under this Gode, other than a public way use permit issued under chapter t O-Zg of ths code, including, but not limited to, any permit required in connection with participation Page 15

(g)

of

19

in any farmers' market, as defined in Section 4-12{-10, or any outdoorspecial event, as defined in Section 10-8335;

(10)
(1

To display produce items at such produce stand on the ground or in any area other

than the designated produce Sand;

To fail to affix and display in a conspicuous location at such produce stand a copy of a valid mobile food dispensrvendor license to engage in a produce merchant business, and, if the produce stand s on the public way, a valid public way use permit issued by the department of business affairs and consumer proteclion;

1)

(Omitted fexf rs not affected by this ordinance)

SECTIONIII. Sections2-100-110,4-5-010,9-64-180,9-80-190,10-28-060and17-3-0304 herebyamendedbydeletingthe language struckthrough and by inserting the language underscored, as follows:
of the MunicipalCode of Chicago are

2-100-11 0 Police powers for designated employees. Each ward superintendent and such other employees of the department of streets and sanitation as the commissioner of streets and sanitation shall designate, shall have the powers of members of the police force to serve process or notice within the city for the violation of Sections

4-4-310,4-260-020,4-260-040,4-260460, 4-260-080, 4-260-085, 4-260-090, 4-260-100,7-12387,7-12420,7-28-060, 7-28-065 through 7-28-090, 7-28-120, 7-28-130, 7-28-150,7-28-1BO through 7-28-240,7-28-260 through 7-28-310,7-28-331, 7-28-360 through 7-28-410,7-28-430 through 7-28470,7-28-490through 7-28-510,7-28-660through 7-28-680,7-28-710through7-28720,7-28-735through 7-28-750, 7e8+80-,7-28-785,7880;7-38-115.7-38-117.7-38-124,8-4' 135,8.4-160;9-64-100(c), 10-&180, 10-8-220through 10-8-230,10-8-250through 10-8-271, 10-8310, l0-8-320, 10-8-380, 10-8-402through 10-8-405, 10-8-470, 10-8-480, 10-28-030, 10-28-340, 10-28-792,10-32-050, 10-32-060, 10-32-110through 10-32-150,10-32-170,10-32-180, 10-32-200 and 13-32-235 o'f the Municipal Code of Chicago. A copy of such desgnation, and any amendments thereto, shall be kept by the deputy commissioner of streets and sanitation for the bureau of sanitation and shall be available to the public upon request. The powers granted hereunderare expressly limited to the service of such process or notice, and this section shall not be consfued as granting additional law enforcement powers.

4-5-010 Establishment of license fees.

(Omitted fexf is not affected by this ordinance)

(15)

Food

Retail Food Esbblshment (4-8)

(Omitted text is not affected by this ordinance)

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Food Food Food

Food - Mobile Food Vendor - Mobile Food Prcparer (Omitted fexf

s

- Mobile Food Vendor - Mobile Food Dispenser

Mobile Food ispenser Vendor - Produce ftlbrchant - Mobile Food Vendor - Mobile Dessrb Vendor

$275.00 $275.00

s700.00 $1,000.00

not affected by this ordinance)

9-64-180 Restricted parking

Harrison Street.

- Area bounded by Chicago River, Michigan Avenue

and

Except as provided in subsecon (b), it is unlawful to park any vehicle at any time on the following streets: Garvey Court, from Lake Street to Wacker Drive; State Street and Michigan Avenue, from Wacker Drive to Congress Parkway. Except as provided in subsection (b), it is unlawfulto park any vehicle duringthe hours of 6:00 a.m. to 6:00 p.m., Mondaythrough Friday, except for days established as holidays in Section 9-4-010 on any of the following streets: Washington Street, Madison Sireet and Monroe Street, between State Street and Michigan

(a)

Avenue; Adams Street and Jackson Boulevard, between Canal Street and Michigan Avenue; Dearborn Street, Clark Street and LaSalle Street, between Washington Street and Jackson Boulevard; and Wacker Drive, from Franklin Street to Van Buren Street. (b) The restrictions in this section shall not apply to any designated handicapped parking area or to any ambulance, any emergency vehicle owned by a governmental agency, any vehlcle owned by a public utility while the operator of the vehicle is engaged in the performance of emergencyduties, anymoblefoodvehicle leqally operatingat any officiallydesiqnated mobile food vehicle stand. any taxicab at an officially designated taxicab stand and/or engaged in the expeditious loading or unloading of passengers with disabilities, any passenr vehicle engaged for not more than three minutes in the loading or unloading of passengers, or to the parking of any commercialvehicle engaged in the expeditious loading, unloading, pick-up or delivery of materials in a desgnated loading zone, orto any bus at a designated bus stop or bus stand. Nothing in this section prohibits or prevents more restrictive regulation of parking on any street designated n subsection (a). Where the provisions of subsectlon (a) conflict with more restrictive regulations contained in another ordinance and appropriate signs indicating those regulations have been erected, the more restrictive regulations shallapply. (c) No parking meters shall be installed on those portions of streets listed in subsection (a) where parking is prohibited at all times.
9-80-190 Mobile foodispesersvendors and peddlers prohibibd in medical centerdistrict. No person shall conduct the business of a mobile food dispenser vendor or peddler as defined in this Code, on any portion of the public way within the boundaries of the medical center district and no person shall operate, stop or park any vehicle on any porton of the public way within the medical center district for the purposes of conducting any such businesses. (Omitted text is not affected by this ordinance)

10-28-060A produce stand onthe public way pilot program.

A produce stand on the public way pilot program ("pilot program") is hereby created as provided in this section.

(a)

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The following definitions shall apply for purposes of this section: 'Area undererved by grocerv stores" has the meaning ascribed to that term in Section 4-8{10 of this Code.

(b) 1

@sione,,meansthecommissionerofbusinessaffairsandconsumer
protection.

() (34t
t+51

"Department" means the department of business affairs and consumer protection. "Produce" has the meaning ascribed to that term in Section 4-8-010 of this Code. "Produce stand" has the meaning ascribed to that term in Section 4-8-010 of this

Code.

(Omitted fexf is not affected by this ordinance) An application for a public way use permit for a produce stand shall be made to the department and shall include flre following: the name and address of the applicant; verificationthat the applicant is licensed as a mobile food dispenservendor to engage in a produce merchant business or has applied for such license;

(e)

(i) (U

(Omitted text is not affected by this ordinance)

The commissioner shall forward a copy of an application for a public way use permit for a pruce stand to the commissioner of transportation and the commissioner of housing and

(f)

econmic development within three business days after receipt of the application. The commissionershtt notissuea publicwayuse permitfora producestand unlessthe commissioner of transportation and the commissioner of housing and economic development approve the applcation. ln addition, the issuance of a public way use permit for the operation of a produce sind shall be dependent on the issuance of a valid mobile food dbpeftser vendor license to
engage in a produce merchant business. (Omitted fexf
17
r.s

not affected by this ordinance)

17-3-0304-A P1,F,2,83, and C1 Districts. All allowed business, service and commercial activities in the 81, B2, 83, and C1 districts must be conducted within completely

-3-0304lndoor/Outdoor Operations.

parking or loading areas, automated tetler machrneg outdoor seating areas or drive{hrough iacitiel that are allowed in such disficts as a special use, and produce merchants as defined in property as provided section 4-8-01O of this e6e. and mobile food vehicles operating on private in section 7-98-1 1S(kl
SECTtOl.l lV . The Municipal Code of Chicago is hereby amended by repealing Sections 7-38-080, 7-38-085 and 7 -38-120, in their entirety.

enclosed buildings unless otherwise expressly stated. Ths requirement does not apply to off- street

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is authorized SECTION V. The commissionerof business affairs and consumerprotection mobile food dispenserlicensees pursuant to a schedulethat to implementthis ordinarce to existing business affairs and conforms to the operational and aOminlstratve needs of the department of

within 90 consumer protection. The commissioner (1) shall conclude any such implementalion V of this ordinance, and (2) shall provide during any Vr fror ihe effective date of this Section general public and suh period of implementafion, in written or electronic form available to the the requirements that are being implemented, and the affectd businesses, information regarding timing of such imPlementation.

SEC1ON Vl. Except for subsection (d) of section 7-38-128 created in Section ll of this (d) of section ordinance, this ordinance shall take effect upon passage and approval. subsection passage and publication. 7-38-12}shall take effect 10 days afier

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