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1. Breaking into the Food Business
September 2, 2011

2. IJ Clinic on Entrepreneurship
• Trains a corps of University of Chicago Law
School students to provide legal assistance to
low-income entrepreneurs

3. IJ Clinic on Entrepreneurship
• Provides free legal representation
• Presents educational workshops and events
• Advocates for economic liberty in Chicago

4. Institute for Justice
• National civil liberties law firm
• Fights for individuals’ rights to earn an honest
living
• Started a National Street Vendor’s initiative:
– El Paso
– Atlanta
– Chicago
– Streets of Dreams

5. First steps
What kind of food business would you like to
start? There are several ways to start small
and legally. There should be more!

6. Green Grocer Cart
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
• Wear badge
• May sell uncut fruits and vegetables only
• Many no peddling zones, hard to map out
• Fines of $50-$200 for violations

7. Prepare Food for Sale
Shared Kitchen User License
• Business that uses space in a licensed shared kitchen
• Kitchen designed to be shared
• Restaurant that shares as supplement to regular
activity
• $330 fee for 2 years; $75 fee for 90 days
• Food Sanitation Manager Certificate
• Owners with badge must be present
• Menu
• Consultation with Department of Health at kitchen
• Keep records of dates and times in kitchen

8. Sell at Farmers Market
Farmers Market Producer
• Get sales tax ID
• Apply to Mayor’s Office of Special Events
• $25 per day per farmers market
• May sell prepackaged, non-perishable food
prepared in an approved food-processing
establishment
• Preparation at home is approved for some baked
goods and preserves with proper labeling and
sanitation course – new Illinois Cottage Foods law

9. Sell on the Go
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
• 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

10. Sell on the Go
Mobile Food Dispenser License (cont.)
• Vehicle must be enclosed with top and sides and
interior must be of smooth, impervious material
that is easily washed and light in color
• 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

11. Sell on the Go
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 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

12. Prepare on the Go?
Proposed Mobile Food Facility License
• Vehicle used in conjunction with a commissary or other
food dispensing establishment to cook or sell food
• 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

13. Prepare on the Go?
Proposed Mobile Food Facility License (cont.)
• MFF must have owner or employee with food service sanitation
manager certificate
• Written agreement for washroom within 200 feet of parking
spot if staying more than 2 hours
• 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

14. Prepare on the Go?

15. Prepare on the Go?

16. Prepare on the Go?
Proposed Mobile Food Facility License (cont.)
• Hand-washing sink, 3-compartment ware-washing sink,
running hot water with wastewater emptied daily or more
• Potentially hazardous foods < 41° or > 135°
• Vehicle must be registered as a commercial vehicle – no
carts!
• Before building or buying vehicle, submit 3 copies of plan
to health department and $750 plan review fee.
• Before using, bring to health department for inspection
with $400 inspection fee. Initial inspection not necessary
if standardized vehicle already approved.

17. Change the Law
• Do you think mobile food should be allowed
before 10am?
• Do you think mobile food businesses should
be allowed to sell near restaurants?
• Do you think trucks should be allowed to
prepare food on board? How about carts?
DO SOMETHING ABOUT IT!

18. Change the Law
• Sign up for My Streets! My Eats! emails.
• Like Institute for Justice Clinic on
Entrepreneurship on Facebook.
• Follow @IJClinic on Twitter.
• Rally customers.
• Contact the Health Department to explore
alternative, affordable equipment options.
• Contact your alderman, Alderman Mitts, and
Alderman Tunney with your opinions.
• Attend the hearing on the new MFF law.

19. Change the Law
• Spread the word and the campaign:
Entrepreneurs should be free to prepare and
sell healthy food on the go from trucks and
carts all over Chicago!