Chicago’s new Shared Kitchen User Ordinance takes effect today. It’s written to regulate just two food facilities in Chicago, out of over 20,000. Our experience over the past two years is unfortunately remaining consistent, with a heavy hand and regulations that would be front page news if restaurants had to live with them:
1. The business license will take the form of a picture ID badge, so owner and license must always be in Kitchen during production. If restaurants had to do this, the owner would have to be in kitchen for breakfast, lunch and dinner every day or be closed. Sick? Funeral? Your business has to shut down, even if you have employees with sanitation certification.
2. Want to grow and have employees? they have to get their own license, $330 per pop. No other food businesses are required to license chefs individually.
3. License must travel with you to remote locations. Let’s imagine the chefs at Lollapallooza posting their business licenses out at the concert. How about every caterer that has a gig at the Chicago Cultural Center or Public Library?
4. Both Kitchen and User must maintain records of dates and times every business used the kitchen for the last two years, and make records immediately available to any inspector. We asked for it to read "within a reasonable time" or "upon request" but no go. (this requirement already exists in federal and state laws).
I challenged Joy Adelizzi, Deputy Director of the Dept of Business Affairs on the phone today. Joy emphasized that she is not responsible for how the law is being implemented. Interesting, since she’s the only high-ranking person still in DBA since last spring when the ordinance was drafted and passed.
Deputy Director Adelizzi was adamant that she’s just following the law. Okay, let’s check. Here’s the language in the law: Section 4-8-025, (e), (4): (page 10 of the link to law here)
"License – Required on site. A shared kitchen user shall have their city-issued shared kitchen user license or a copy thereof or any badge that may be issued and required by the department…" So, a picture badge is NOT required by law, it’s an option.
Shared kitchen Users are defined as "any person who utilizes, leases or rents kitchen space at any shared kitchen…" Any person is defined as : "any individual, partnership, corporation or entity." (Section 4-4-010). How do you take a picture of a corporation? It’s a policy that puts practice into conflict with the fact that a company is also a person.
Joy Adelizzi did not clearly articulate the rationale behind the restrictive badge policy. As Dream Kitchen is set to open in Elgin, Illinois’ Cottage Food Law allows bakers to work at home, and other cities understand the economic benefits of shared kitchens, Chicago’s Dept Business Affairs continues to find new ways to drive business away.
Today is Logan Square Kitchen’s second birthday. A year ago, there were three shared kitchen in Chicago. Today, there are two. You can bet no one else is rushing to open one. If I knew then what I know now, I would have never opened LSK.
