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.