MAXWELL STREET MARKET

Municipal Code of Chicago tit. 4, ch. 4-11

in effect

Municipal Code of Chicago § 4-11-005 Definitions.

4-11-005 Definitions. As used in this chapter, unless the context clearly indicates otherwise: "Department" means the Department of Cultural Affairs and Special Events. "Commissioner" means the Commissioner of Cultural Affairs and Special Events or the Commissioner’s designee. "Featured vendor" mean any person who has been a regular Market vendor for fewer than five consecutive years. "Food" means any raw, cooked or processed edible substance or ingredient that is used or intended for use, in whole or in part, for human consumption. "Legacy vendor" means any person who has been a regular Market vendor for five or more consecutive years. "Maxwell Street Market" or "Market" has the meaning ascribed to the term "Maxwell Street Market" in Section 4-11-010. "Passenger vehicle" means a car, van, or pick-up truck. The term "passenger vehicle" does not include mobile food trucks or box trucks. "Regular Market vendor" means any person who is properly permitted to occupy space in the Market at all time during each and every month of the applicable calendar year that the Market is open for operation, as evidenced by such person having obtained monthly permits for each of those months. (Added Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 11-17-10, p. 106597, Art. VII, § 2; Amend Coun. J. 3-13-19, p. 96577, § 4)

Municipal Code of Chicago § 4-11-010 Establishment of Maxwell Street Market.

4-11-010 Establishment of Maxwell Street Market. The Maxwell Street Office and adjacent parking lot at 800 South Desplaines Street and the public ways set forth in this section and no other, shall be set apart and used as a public market, which shall be known as the Maxwell Street Market. Except as otherwise provided in rules promulgated pursuant to paragraph (g) of Section 4-11-090, such public ways shall be the roadways from curbline to curbline and the sidewalks adjacent to the following streets: South Desplaines Street from the northern boundary of West Roosevelt Road north to the southern boundary of West Taylor Street; South Desplaines Street from the northern boundary of West Taylor Street north to a point approximately 330 feet south of the centerline of West Harrison Street; the northern half of West Cabrini Street from the eastern boundary of South Desplaines Street east to the western boundary of South Jefferson Street; West Polk Street from the eastern boundary of South Desplaines Street east to the western boundary of South Jefferson Street; and West Polk Street from the western boundary of South Desplaines Street west to the eastern boundary of the Dan Ryan Expressway. (Added Coun. J. 4-13-94, p. 49201; Amend Coun. J. 6-14-95, p. 3180; Amend Coun. J. 9-14-05, p. 55694, § 2; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 3-13-19, p. 96577, § 5)

Municipal Code of Chicago § 4-11-020 Market schedule.

4-11-020 Market schedule. The Maxwell Street Market shall be open to the general public on Sundays in accordance with a schedule determined by the Commissioner. (Added Coun. J. 4-13-94, p. 49201; Amend 6-14-95, p. 3180; Amend Coun. J. 3-13-19, p. 96577, § 6)

Municipal Code of Chicago § 4-11-030 Permit requirements.

4-11-030 Permit requirements. (a) Permit Required – "One Permit Per Person" Limit. No person shall occupy a space in the Market or sell merchandise or food at the Market without first having obtained a permit under this chapter from the Department. Each person shall be eligible for one permit only per market date. (b) Permit Application. The Commissioner shall specify the form and manner in which permits under this chapter shall be issued. (c) Nontransferability. Permits issued under this chapter shall be used only by the person to whom the permit is issued and shall not be transferred to any other person. (d) Permit Issuance – Prohibited When. No permit under this chapter shall be issued to the following persons: (1) [Reserved.] (2) Any person who has any debt, as defined in Section 2-32-094(a), unless such debt has been satisfied or otherwise resolved within the meaning of Section 2-32-094(a); or (3) Any person whose permit under this chapter has been revoked for cause within the past three years. (e) Continuing Eligibility – Required. Eligibility for a permit under this chapter shall be a continuing requirement for maintaining such permit. (Added Coun. J. 4-13-94, p. 49201; Amend Coun. J. 6-14-95, p. 3180; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 11-17-10, p. 106597, Art. VII, § 2; Amend Coun. J. 3-13-19, p. 96577, § 7; Amend Coun. J. 4-19-23, p. 62651, § 9)

Municipal Code of Chicago § 4-11-040 Permit classification.

4-11-040 Permit classification. The permit required under this chapter shall be divided into four classes, as follows: Monthly Food Permit. The holder of a monthly food permit shall be entitled to occupy a space in the Maxwell Street Market during the month(s) indicated on the face of the permit for the purpose of selling food at the Market during such month(s) in accordance with this chapter. Monthly General Merchandise Permit. The holder of a monthly general merchandise permit shall be entitled to occupy a space in the Maxwell Street Market during the month(s) indicated on the face of the permit for the purpose of selling general merchandise at the Market during such month(s) in accordance with this chapter. Single-Day Food Permit. The holder of a single-day food permit shall be entitled to occupy a space in the Maxwell Street Market on the date indicated on the face of the permit for the purpose of selling food at the Market on such date in accordance with this chapter. Single-Day General Merchandise Permit. The holder of a single-day general merchandise permit shall be entitled to occupy a space in the Maxwell Street Market on the date indicated on the face of the permit for the purpose of selling general merchandise at the Market on such date in accordance with this chapter. (Added Coun. J. 4-13-94, p. 49201; Amend Coun. J. 6-14-95, p. 3180; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 11-17-10, p. 106597, Art. VII, § 2; Amend Coun. J. 3-13-19, p. 96577, § 8)

Municipal Code of Chicago § 4-11-050 Permit application.

4-11-050 Permit application. Application for a permit under this chapter shall be made in writing on a form provided by the Commissioner and shall be signed by the applicant. Each application shall include: a. The applicant’s full name, business or residential address, e-mail address, and telephone number; b. The class or classes of permit for which application is being made; c. A brief description of the type of item or items to be sold at the Market (e.g. prepackaged and non- perishable food, cooked food, raw food or produce, beverages, general merchandise); d. If food will be sold, the identity of the food supplier; e. If applicable, the name and address of at least one individual possessing a valid certificate of registration in food handling and sanitation, issued by the Chicago Department of Public Health, who will supervise the sale of food by the applicant; f. The applicant’s Illinois Business Tax (IBT) number or proof of application for the same; g. A statement as to whether, within five years of the date of application, the applicant has ever been convicted, in custody, under parole or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction for the commission of a forcible felony, or crime of whatever degree involving theft, fraud, forgery, dishonesty, or deceit; h. A statement as to whether the applicant owes any debt, as defined in Section 2-32-094(a), and, if so, whether such debt has been satisfied or otherwise resolved within the meaning of Section 2-32-094(a); i. Whether the applicant is requesting a reserved location in the Market, and, if so, whether the applicant is currently a legacy vendor or featured vendor at the Market as defined in Section 4-11-005; j. An indemnification agreement, as required under Section 4-11-089; and k. Any other information that the Commissioner may reasonably require. (Added Coun. J. 4-13-94, p. 49201; Amend Coun. J. 6-14-95, p. 3180; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 11-17-10, p. 106597, Art. VII, § 2; Amend Coun. J. 3-13-19, p. 96577, § 9)

Municipal Code of Chicago § 4-11-060 Permit fees.

4-11-060 Permit fees. (a) Commissioner’s Authority. The fee for a permit under this chapter shall be as set forth in subsection (b) of this section; provided, however, that the Commissioner may establish lower single-day permit fees based on vending space size, but in no case shall the single-day permit fee be less than $20.00 per day. Such lower daily fees shall be established by rule in accordance with Section 4-11-100. (b) Permit Fees. Except as otherwise provided in subsection (a) of this section, the fee for a permit under this chapter shall be as follows: (1) Legacy Vendor Permits: Food 10' by 30' space or food truck | $315.00 per month, or 10' by 30' space or food truck | $90.00 per week 10' by 10' space or food cart | $125.00 per month, or 10' by 10' space or food cart | $35.00 per week General Merchandise 10' by 10' space | $70.00 per month, or 10' by 10' space | $20.00 per week 14' by 24' – 30' space (space and vehicle) | $175.00 per month, or 14' by 24' – 30' space (space and vehicle) | $50.00 per week (2) Featured Vendor Permits: Food 10' by 30' space or food truck | $370.00 per month, or 10' by 30' space or food truck | $150.00 per week 10' by 10' space or food cart | $140.00 per month, or 10' by 10' space or food cart | $40.00 per week General Merchandise 10' by 10' space | $85.00 per month, or 10' by 10' space | $25.00 per week 14' by 24' – 30' space (space and vehicle) | $210.00 per month, or 14' by 24' – 30' space (space and vehicle) | $60.00 per week (3) Single Day Vendor Permits: Food 10' by 30' space or food truck | $125.00 per week 10' by 10' space or food cart | $50.00 per week General Merchandise 10' by 10' space | $30.00 per week (c) Payment of Permit Fee. The permit fee required under this section shall be paid at the time the Department issues the permit. (Added Coun. J. 4-13-94, p. 49201; Amend Coun. J. 6-14-95, p. 3180; Amend Coun. J. 12-4-02, p. 99931, § 3.3; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 11-19-08, p. 48243, Art. I, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. VII, § 2; Amend Coun. J. 3-13-19, p. 96577, § 10; Amend Coun. J. 11-20-19, p. 9510, Art. IV, § 17)

Municipal Code of Chicago § 4-11-070 Permit allocation.

4-11-070 Permit allocation. (a) If space for vendors is available at the Market, and except as otherwise provided in Section 4-11-085, permits to occupy such available space within designated areas shall be issued upon payment of the required permit fee on a first come, nondiscriminatory* basis. Provided, however, that if a person holding an otherwise valid permit under this chapter fails to arrive at the Market within one hour prior to the time the Market is scheduled to open to the public, such person’s reserved space at the Market for that day may be reassigned by the Commissioner to another properly permitted vendor for use on that day. The Commissioner may promulgate rules relating to the issuance of permits, including but not limited to the timing of permit issuance. * Editor’s note – Coun. J. 3-13-19, p. 96577, § 11, read "nondiscrimatory"; future legislation will correct if needed. (b) The Commissioner may promulgate rules in accordance with Section 4-11-100 to: (1) establish procedures and requirements for allocating available space at the Market; and (2) restrict the number of permits issued to individuals who reside in the same household. For purposes of this subsection (b), the term "household" means one or more related individuals who occupy the same residence. (Added Coun. J. 4-13-94, p. 49201; Amend Coun. J. 6-14-95, p. 3180; Amend Coun. J. 11-19-08, p. 48243, Art. I, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. VII, § 2; Amend Coun. J. 3-13-19, p. 96577, § 11)

Municipal Code of Chicago § 4-11-080 Reserved. Editor’s note – Coun. J. 3-13-19, p. 96577, § 12, repealed § 4-11-080, which pertained to permitted sales.

Municipal Code of Chicago § 4-11-085 Reservation of permanent space.

4-11-085 Reservation of permanent space. (a) Eligibility Requirements. Any permittee who is a regular Market vendor may request a permanent location in the Market. To the extent that the Commissioner determines that it is logistically and operationally feasible to accommodate such requests, the Commissioner is authorized to assign permanent locations in the Market to regular Market vendors. Such assignments shall be made on a first-come, nondiscriminatory basis based on the order in which permit applications requesting a permanent location at the Market are received from regular Market vendors, with preference given first to legacy vendors and secondarily to featured vendors who make such a request pursuant to Section 4-11-050(i). Holders of single-day permits are not eligible to request a permanent location in the Market. (b) Retention Requirements. If a permittee is assigned a permanent location in the Market during any calendar year pursuant to subsection (a) of this section, such permittee shall be allowed to retain that permanent space during the next calendar year and each consecutive calendar year thereafter so long as the permittee continues, without lapse, to hold a valid permit under this chapter and to be a regular Market vendor. Provided, however, that the Commissioner, in his or her discretion, may relocate or reassign any permanent vendor space in the event of operational necessity or special circumstances. Provided further, that the Commissioner may also relocate or reassign permanent vendor spaces during the Markers low season, from December to March, for operational purposes. In such case, the affected vendor may be permitted to return to their permanent vendor space in April. (c) Permanent Location Reservation Fee – Payment. Any permittee who requests and is assigned a permanent location in the Market shall be assessed the permanent location reservation fee set forth in subsection (e) of this section. Such fee shall be: (1) in addition to the permit fee required under Section 4-11-060(b); (2) payable to the Department upon notification from the Department that the permanent location has been approved; and (3) non-refundable. (d) Failure to Arrive in a Timely Manner. If a person who has been assigned a permanent space in the Market fails to arrive at the Market within one hour prior to the time the Market is scheduled to open to the public, such person’s permanent space at the Market for that day may be reassigned by the Commissioner to another properly permitted vendor for use on that day in accordance with Section 4-11-070(a). (e) Permanent Location Reservation Fee. The fee to reserve a permanent location in the Market shall be as follows: (1) Legacy vendor.....$50.00 per calendar year (2) Featured vendor.....$75.00 per calendar year (Added Coun. J. 3-13-19, p. 96577, § 13)

Municipal Code of Chicago § 4-11-089 Indemnification agreement - Required.

4-11-089 Indemnification agreement - Required. The applicant for a permit under this chapter shall agree in writing to indemnify, defend and hold the City of Chicago and its assignees and employees harmless from all losses, damages, injuries, claims, demands and expenses arising out of the operation of the permitted event. (Added Coun. J. 3-13-19, p. 96577, § 14)

Municipal Code of Chicago § 4-11-090 Duties and powers of the Commissioner.

4-11-090 Duties and powers of the Commissioner. The Commissioner shall have the following duties and powers with respect to the Maxwell Street Market: a. Determining the total number of vendor spaces and permits that will be made available at the Market; b. Promulgating rules to effectuate the purposes of this chapter, including but not limited to rules pertaining to permit requirements and procedures, vending stand sizes, display restrictions, space allotment, sanitation, security, conduct of vendors, hours of operation and early closures, obstructions, vendor vehicles, storage, proof of origin of inventory sold at the Market, designation of common areas within the Market, ingress and egress routes, Market performers, and rules that otherwise safeguard the public interest; c. Ensuring that the Maxwell Street Market is safe and secure during hours of operation, and that garbage and refuse is removed from the Market site at the end of each day of operation; d. Promulgating necessary or appropriate rules establishing a system of administrative adjudication with respect to alleged violations of this chapter; e. Entering into contracts necessary or appropriate to effectuate the purposes of this chapter; f. Promulgating rules to promote the proper coordination of the Maxwell Street Market with any market located in an area within, or adjacent to, the boundaries of the Maxwell Street Market; g. Making minor adjustments to the boundaries of the Maxwell Street Market, as set forth in Section 4-11-010, as may be necessary or appropriate to minimize inconvenience and disruption, and to ensure the continued successful operation of the Maxwell Street Market. Any such boundary adjustments shall be made by rule in accordance with Section 4-11-100; and h. Entering into and executing agreements for up to three years, and extending such agreements for up to two years, with persons participating in the sponsorship of the Maxwell Street Market or with their agents, including, without limitation, commercial or business sponsors and media sponsors. Such agreements shall contain terms and conditions as the Commissioner deems appropriate, and may include, without limitation, terms and conditions allowing sponsors and their representatives to promote, distribute samples of, or sell goods and services at the Maxwell Street Market. In those sponsorship agreements entered into directly with a sponsor, in which the sponsor’s participation is limited solely to providing money to the City and where the sponsor is only represented at the Maxwell Street Market by signage, the Commissioner may elect not to require the sponsor to indemnify the City. All sponsorship agreements shall provide the City the right to terminate such agreements early. The Commissioner may execute other documents ancillary to such sponsorship agreements, including but not limited to certifications and assurances, as may be reasonably necessary or appropriate in connection with the sponsorship of the Maxwell Street Market. (Added Coun. J. 4-13-94, p. 49201; Amend Coun. J. 6-14-95, p. 3180; Amend Coun. J. 9-14-05, p. 55694, § 3; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 11-17-10, p. 106597, Art. VII, § 2; Amend Coun. J. 3-13-19, p. 96577, § 15)

Municipal Code of Chicago § 4-11-100 Procedures relating to promulgation of rules.

4-11-100 Procedures relating to promulgation of rules. The Commissioner shall cause to be published in a newspaper of general circulation in the City of Chicago any proposed rule no fewer than ten days and no more than 20 days prior to the effective date thereof. The effective date of the applicable rule shall be set forth in the publication. Upon request, the Commissioner shall also provide written notice, by first class mail, of any proposed rule or amended rule, to each person holding a current permit under this chapter. During the time period between the publication and effective date of any proposed rule, the Commissioner shall accept and consider comments, and may hold one or more public hearings, with respect to the proposed rule. Upon finding that exigent circumstances exist, the Commissioner may amend any proposed rule during such period without further publication. On the published effective date, the proposed rules, as amended, shall be published in final form and shall take effect. A copy of the rules promulgated under this chapter shall be maintained by the Department for public inspection during the Department’s normal business hours and shall be posted on-line by the Department on the City of Chicago’s Rules and Regulations Portal. The Commissioner shall succeed to the powers and duties of the former Commissioner of Consumer Services and the former Executive Director of the Mayor’s Office of Special Events set forth in any rules governing the Maxwell Street Market (formerly, the New Maxwell Street Market). (Added Coun. J. 4-13-94, p. 49201; Amend Coun. J. 6-14-95, p. 3180; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 11-17-10, p. 106597, Art. VII, § 2; Amend Coun. J. 3-13-19, p. 96577, § 16)

Municipal Code of Chicago § 4-11-110 Health rules.

4-11-110 Health rules. The Commissioner of Health shall promulgate rules relating to the health and sanitation of food sold at the Maxwell Street Market. Notwithstanding any other provision of this Code to the contrary, the rules promulgated hereunder shall constitute the exclusive local health and sanitation rules applicable to food sold at the Maxwell Street Market. (Added Coun. J. 4-13-94, p. 49201; Amend Coun. J. 3-13-19, p. 96577, § 17)

Municipal Code of Chicago § 4-11-115 Alcoholic beverages - Rules.

4-11-115 Alcoholic beverages - Rules. Nothing in this chapter shall be construed to prohibit the sale of alcoholic beverages for consumption at the Market in accordance with rules jointly promulgated by the Commissioner and Local Liquor Control Commissioner. (Added Coun. J. 3-13-19, p. 96577, § 18)

Municipal Code of Chicago § 4-11-120 Violations - Penalties.

4-11-120 Violations - Penalties. a. In addition to any other penalty provided by law, any person who violates this chapter, or any rule promulgated hereunder, shall be subject to a fine of not less than $50.00 nor more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense. The Commissioner may institute an action with the Department of Administrative Hearings in order to determine liability and to seek fines or other remedies authorized by this section. b. Except as otherwise provided in this chapter, and following notice and the opportunity for a hearing before the Commissioner, the Commissioner may suspend or revoke a person’s permit or deny a person’s permit application if such person is found liable in a judicial or administrative proceeding of two or more violations, in any combination, of this chapter or any rules promulgated hereunder within any 12-month period. The subject matter of any hearing conducted pursuant to this subsection (b) shall be limited to determining whether the permittee has, in fact, been found liable in a judicial or administrative proceeding of two or more violations, in any combination, of this chapter or any rule promulgated hereunder within any 12-month period. c. If the Commissioner has good cause to believe that: (1) a permittee under this chapter is operating a space in the Market in violation of this chapter or any other applicable law; and (2) continued operation of such space in the Market poses an imminent danger to the public health or safety, the Commissioner may order the immediate temporary suspension of the applicable permit for a period not to exceed ten days. Written notice of the temporary suspension and the grounds for that suspension shall be sent or delivered to the permittee without delay. The permittee shall have an opportunity for a hearing before the Commissioner prior to the expiration of the ten-day temporary suspension period. If the permittee fails to request a hearing within the prescribed time indicated on the notice, or requests a hearing but fails without good cause to appear at such hearing, such person’s permit under this chapter shall be deemed to be revoked. Nothing in this subsection shall prevent the suspension or revocation of such permit for a longer period pursuant to an action instituted in the Department of Administrative Hearings. (Added Coun. J. 4-13-94, p. 49201; Amend Coun. J. 6-14-95, p. 3180; Amend Coun. J. 7-10-96, p. 24982; Amend Coun. J. 11-12-97, p. 56813; Amend Coun. J. 12-4-02, p. 99931, § 3.4; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 11-17-10, p. 106597, Art. VII, § 2; Amend Coun. J. 3-13-19, p. 96577, § 19)

Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2611119Fetched: 10/24/2026