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Strategy Meeting
 August 30, 2011
Agenda
•   Introduction of IJ Clinic on Entrepreneurship
•   Current Legal Rules
•   Amended Ordinance in Committee
•   Speaking from Experience
•   Preparing for Opposition
•   Crafting a Strategy
IJ Clinic on Entrepreneurship
• Trains a corps of University of Chicago Law
  School students to provide legal assistance to
  low-income entrepreneurs
IJ Clinic on Entrepreneurship
• Provides free legal representation
• Presents educational workshops and events
• Advocates for economic liberty in Chicago
Institute for Justice
• National civil liberties law firm
• Fights for individuals’ rights:
   –   To earn an honest living
   –   To protect their homes from government takeover
   –   To choose their children’s schools, and
   –   To speak freely
• Started a National Street Vendor’s initiative:
   –   El Paso
   –   Atlanta
   –   Chicago
   –   Streets of Dreams
Current Legal Rules
Food Peddler License
• Individual who, going from place to place, whether on private
  property or on the public way, sells fruits and vegetables from
  wagons, pushcarts, handcarts or other vehicles , or from packs,
  baskets or similar containers.
• $165 fee
• Display name and address on cart, in letters at least 2 inches high
• Wear badge
• May sell fruits and vegetables only, uncut
    – Can sell other (non-food) items if no more than 15% of sales
• Many no peddling zones, hard to map out
• Fines of $50-$200 for violations
Current Legal Rules
Mobile Food Dispenser License
• “any person who, by traveling from place to place upon the
  public ways, serves food or drink from a wheeled vehicle”
• $275 fee
   – $330 for shared kitchen user license
• Display name and address on vehicle
• No food except individual portions that are totally enclosed
  in a wrapper or container and which have been
  manufactured, prepared or wrapped in a licensed food
  establishment
   – Exception for coffee, soda, some frozen desserts
   – Mark wrapper with date of preparation and name of preparing
     business
Current Legal Rules
Mobile Food Dispenser License (cont.)
• Vehicle must be enclosed with top and sides
• Vehicle must cover food and hold food > 18 in. above public way
• Interior of vehicle must be of smooth, impervious material that is
  easily washed and light in color
• Vehicle must be used only as mobile food dispenser
• Meat and dairy must be in refrigerator at < 40° or in oven with
  thermometer showing > 180°. Hot food must be kept > 145°
• Must have handwashing sink and running hot water, empty
  wastewater daily
• Must keep food enclosed and protected from contamination
• Must provide washable trash can nearby and clean environs
• Special equipment and inspections for frozen dessert vehicles
Current Legal Rules
Mobile Food Dispenser License (cont.)
• Must move; may stop only to serve customers for no more than 2
  hours in any one block
• A few districts prohibited, especially for frozen desserts
• No stopping within 200 feet of a restaurant entrance, church, a
  school or school playground while school is in session
• No sound system; no music while stopped; no music between
  7:00pm and 9:00am
• No sales between 10:00pm and 10:00am
• No sale except from curb side and only when vehicle is legally
  parked
• Fines of $200-$1000 for each day of violations
Ordinance in Committee
• Inspired and nurtured by Matt Maroni of Gaztrowagon
• Introduced last summer and again June 8, 2011 by Alderman
  Scott Waguespack
• Referred to Committee on License and Consumer Protection
   – Committee Chair, Alderman Emma Mitts
Ordinance in Committee
• Mobile Food Dispenser license remains the
  same for serving prepared, wrapped portions,
  beverages, and frozen desserts
• Mobile Food Facility license required for a
  vehicle used in conjunction with a commissary
  or other food dispensing establishment to
  cook, sell, or distribute at retail, food
Ordinance in Committee
• Mobile Food Facility license application:
   – Name and address
   – Sample route map for five business days
   – Plan of MFF and any mobile support unit, approved by
     department of health
   – Name and address of commissary or other location
     approved by the department of health where MFF
     and MSU will be stored and cleaned.
• $660 fee
   – $330 for shared kitchen user license
Ordinance in Committee
Mobile Food Facility License
• MFF must be cleaned by MSU or at commissary daily
• MSU must be cleaned at commissary daily
• MFF and MSUs must be stored at or within a licensed
  commissary or other location approved by department of health
• Food must be made in licensed MFF or food establishment
• MFF must have owner or employee with food service sanitation
  manager certificate
• Must comply with food handler regulations and store food
  according to code
• List sources of food daily and keep records on board for 30 days
Ordinance in Committee
Mobile Food Facility License (cont.)
• City Council may prohibit issuance of licenses in
  specified areas to preserve health and safety or avoid
  traffic congestion
• No operation in medical center district
• No parking or standing:
   – Within 200 feet of food establishment that offers a similar
     service;
   – Within 100 feet of any food establishment without written
     consent
   – On private property without written consent
   – At special events or in parks without permits
Ordinance in Committee
Ordinance in Committee
Ordinance in Committee
Ordinance in Committee
Ordinance in Committee
Mobile Food Facility License (cont.)
• All service from MFF: no tables, etc.
• No open condiment containers
• Discard hot food at end of day
• Wiping cloths stored in acceptable solution, with
  testing strips available
• No self-service
• Thermometers in heating and refrigeration units and
  probing thermometers available
• Potentially hazardous foods < 41° or > 135°
• Any other board of health regulations
Ordinance in Committee
Mobile Food Facility License (cont.)
• Hand-washing sink, 3-compartment ware-
  washing sink, running hot water with
  wastewater emptied daily or more
• Washable trash can adjacent to MFF
• Keep environs clean
• Written agreement for washroom within 200
  feet of parking spot if staying more than 2 hours
Ordinance in Committee
Mobile Food Facility License (cont.)
• Vehicle must be registered as a commercial vehicle
• Vehicle must be inspected and maintained every 90 days;
  copies of 4 maintenance reports on board
• Operator must have a driver’s license
• Vehicle must be enclosed with top and sides
• Vehicle must cover food and hold food > 18 in. above public
  way
• Interior of vehicle must be of smooth, impervious material
  that is easily washed and light in color
• Name and address painted on each side of vehicle
• Plate showing license period and license number
Ordinance in Committee
Mobile Food Facility License (cont.)
• Before building or buying vehicle, submit 3 copies
  of plan to health department and $750 plan
  review fee. Submit plans for menu change.
• Board of health can regulate construction.
• Before using, bring to health department for
  inspection with $400 inspection fee. Initial
  inspection not necessary if standardized vehicle
  already approved.

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Strategy for Amending Chicago's Street Food Vending Rules

  • 2. Agenda • Introduction of IJ Clinic on Entrepreneurship • Current Legal Rules • Amended Ordinance in Committee • Speaking from Experience • Preparing for Opposition • Crafting a Strategy
  • 3. IJ Clinic on Entrepreneurship • Trains a corps of University of Chicago Law School students to provide legal assistance to low-income entrepreneurs
  • 4. IJ Clinic on Entrepreneurship • Provides free legal representation • Presents educational workshops and events • Advocates for economic liberty in Chicago
  • 5. Institute for Justice • National civil liberties law firm • Fights for individuals’ rights: – To earn an honest living – To protect their homes from government takeover – To choose their children’s schools, and – To speak freely • Started a National Street Vendor’s initiative: – El Paso – Atlanta – Chicago – Streets of Dreams
  • 6. Current Legal Rules Food Peddler License • Individual who, going from place to place, whether on private property or on the public way, sells fruits and vegetables from wagons, pushcarts, handcarts or other vehicles , or from packs, baskets or similar containers. • $165 fee • Display name and address on cart, in letters at least 2 inches high • Wear badge • May sell fruits and vegetables only, uncut – Can sell other (non-food) items if no more than 15% of sales • Many no peddling zones, hard to map out • Fines of $50-$200 for violations
  • 7. Current Legal Rules Mobile Food Dispenser License • “any person who, by traveling from place to place upon the public ways, serves food or drink from a wheeled vehicle” • $275 fee – $330 for shared kitchen user license • Display name and address on vehicle • No food except individual portions that are totally enclosed in a wrapper or container and which have been manufactured, prepared or wrapped in a licensed food establishment – Exception for coffee, soda, some frozen desserts – Mark wrapper with date of preparation and name of preparing business
  • 8. Current Legal Rules Mobile Food Dispenser License (cont.) • Vehicle must be enclosed with top and sides • Vehicle must cover food and hold food > 18 in. above public way • Interior of vehicle must be of smooth, impervious material that is easily washed and light in color • Vehicle must be used only as mobile food dispenser • Meat and dairy must be in refrigerator at < 40° or in oven with thermometer showing > 180°. Hot food must be kept > 145° • Must have handwashing sink and running hot water, empty wastewater daily • Must keep food enclosed and protected from contamination • Must provide washable trash can nearby and clean environs • Special equipment and inspections for frozen dessert vehicles
  • 9. Current Legal Rules Mobile Food Dispenser License (cont.) • Must move; may stop only to serve customers for no more than 2 hours in any one block • A few districts prohibited, especially for frozen desserts • No stopping within 200 feet of a restaurant entrance, church, a school or school playground while school is in session • No sound system; no music while stopped; no music between 7:00pm and 9:00am • No sales between 10:00pm and 10:00am • No sale except from curb side and only when vehicle is legally parked • Fines of $200-$1000 for each day of violations
  • 10. Ordinance in Committee • Inspired and nurtured by Matt Maroni of Gaztrowagon • Introduced last summer and again June 8, 2011 by Alderman Scott Waguespack • Referred to Committee on License and Consumer Protection – Committee Chair, Alderman Emma Mitts
  • 11. Ordinance in Committee • Mobile Food Dispenser license remains the same for serving prepared, wrapped portions, beverages, and frozen desserts • Mobile Food Facility license required for a vehicle used in conjunction with a commissary or other food dispensing establishment to cook, sell, or distribute at retail, food
  • 12. Ordinance in Committee • Mobile Food Facility license application: – Name and address – Sample route map for five business days – Plan of MFF and any mobile support unit, approved by department of health – Name and address of commissary or other location approved by the department of health where MFF and MSU will be stored and cleaned. • $660 fee – $330 for shared kitchen user license
  • 13. Ordinance in Committee Mobile Food Facility License • MFF must be cleaned by MSU or at commissary daily • MSU must be cleaned at commissary daily • MFF and MSUs must be stored at or within a licensed commissary or other location approved by department of health • Food must be made in licensed MFF or food establishment • MFF must have owner or employee with food service sanitation manager certificate • Must comply with food handler regulations and store food according to code • List sources of food daily and keep records on board for 30 days
  • 14. Ordinance in Committee Mobile Food Facility License (cont.) • City Council may prohibit issuance of licenses in specified areas to preserve health and safety or avoid traffic congestion • No operation in medical center district • No parking or standing: – Within 200 feet of food establishment that offers a similar service; – Within 100 feet of any food establishment without written consent – On private property without written consent – At special events or in parks without permits
  • 19. Ordinance in Committee Mobile Food Facility License (cont.) • All service from MFF: no tables, etc. • No open condiment containers • Discard hot food at end of day • Wiping cloths stored in acceptable solution, with testing strips available • No self-service • Thermometers in heating and refrigeration units and probing thermometers available • Potentially hazardous foods < 41° or > 135° • Any other board of health regulations
  • 20. Ordinance in Committee Mobile Food Facility License (cont.) • Hand-washing sink, 3-compartment ware- washing sink, running hot water with wastewater emptied daily or more • Washable trash can adjacent to MFF • Keep environs clean • Written agreement for washroom within 200 feet of parking spot if staying more than 2 hours
  • 21. Ordinance in Committee Mobile Food Facility License (cont.) • Vehicle must be registered as a commercial vehicle • Vehicle must be inspected and maintained every 90 days; copies of 4 maintenance reports on board • Operator must have a driver’s license • Vehicle must be enclosed with top and sides • Vehicle must cover food and hold food > 18 in. above public way • Interior of vehicle must be of smooth, impervious material that is easily washed and light in color • Name and address painted on each side of vehicle • Plate showing license period and license number
  • 22. Ordinance in Committee Mobile Food Facility License (cont.) • Before building or buying vehicle, submit 3 copies of plan to health department and $750 plan review fee. Submit plans for menu change. • Board of health can regulate construction. • Before using, bring to health department for inspection with $400 inspection fee. Initial inspection not necessary if standardized vehicle already approved.