§ 4-8-036

License – Application and category– Mobile food vendors

a.

In addition to the general application requirements,

1.

an applicant for a mobile food vendor license to engage in a mobile food dispenser, mobile food preparer, mobile prepared food vendor or mobile desserts vendor business shall supply the name and address of the commissary where the vehicle or cart will be cleaned and serviced, and 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. The department of health shall approve such locations;

2.

an applicant for a mobile food vendor license to engage in a mobile food dispenser, mobile prepared food vendor or mobile food preparer business shall complete a consultation with the department of health to review the proposed business practices, the vehicle and equipment to be used, and food safety operations prior to obtaining a mobile food vendor license. As part of this consultation, the applicant shall provide a proposed menu including a list of all food items the applicant intends to serve. At the time of consultation, an applicant for a mobile food vendor license to engage in a mobile food preparer business shall provide a City of Chicago Food Sanitation Manager Certificate issued to the applicant or the applicant’s employee who will operate the mobile food truck;

3.

an applicant for a mobile food vendor license to engage in a mobile food dispenser, mobile prepared food vendor or mobile food preparer business shall make the applicant’s mobile food vendor vehicle available for inspection by the department of health at a location determined by the department of health;

4.

an applicant for a mobile food vendor license who will use a propane tank or natural gas in the mobile food vehicle shall produce proof to the commissioner of business affairs and consumer protection that he has obtained general commercial liability insurance with limits of not less than $350,000.00 per occurrence, combined single limit, for bodily injury and property damage arising in any way from the issuance of the license or activities conducted pursuant to the license.  The insurance policy required under this subsection shall: (1) be issued by an insurer authorized to insure in Illinois; (2) name the City of Chicago as additional insured; and (3) include a provision requiring 30 days’ advance notice to the commissioner of business affairs and consumer protection prior to cancellation or lapse of the policy.  If a mobile food vendor license is issued to such applicant, such licensee shall maintain the insurance required under this subsection in full force and effect for the duration of the license 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 by an authorized city official.  Failure to comply with the requirements of this section shall be grounds for the suspension or revocation of the license.

b.

Except as otherwise provided in this subsection, in addition to the general application requirements, an applicant for a mobile food vendor license to engage in a produce merchant business shall provide the commissioner of business affairs and consumer protection 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.  The inspection and approval requirements provided in Section 4-8-030(b) shall not apply to an applicant for a mobile food vendor license to engage in a produce merchant business.

c.

The commissioner of business affairs and consumer protection is authorized to issue color-coded emblems for the following mobile food vendor business categories:

1. A mobile food vendor license to engage in a mobile food preparer business.

2. A mobile food vendor license to engage in a mobile food dispenser business.

3. A mobile food vendor license to engage in a mobile desserts vendor business.

4. A mobile food vendor license to engage in a produce merchant business.

5. A mobile food vendor license to engage in a mobile prepared food vendor business.

d.

The commissioner of business affairs and consumer protection, in consultation with the department of transportation, department of police and the office of emergency management and communications, in the interest of preserving public safety or avoiding traffic congestion, may from time to time, by rule, set a limit on the number of total mobile food vendor licenses, in one or more categories, that may be issued at any given time; provided, however, no more than 10 percent of the total licenses in any mobile food vendor business category shall be issued to any one person.  If the commissioner of business affairs and consumer protection determines that there are more qualified applicants for mobile food vendor licenses than the maximum number of licenses that the commissioner has set to issue at any given time, the commissioner shall conduct a lottery or other neutral process for allocating licenses among qualified applicants as set forth by rules promulgated by the commissioner.

(Amend Coun. J. 6-10-96, p. 23652; Amend Coun. J. 7-6-11, p. 3023, § 1; Amend Coun. J. 5-9-12, p. 27485, § 18; Amend Coun. J. 6-6-12, p. 28654, § 1; Amend Coun. J. 7-25-12, p. 31326, § 1; Amend Coun. J. 9-24-15, p. 6984, § 3)

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