As restaurants continue to suffer to keep up with the demands of COVID-19, restaurant owners in Illinois should be mindful of new laws now in effect.
Chicago restaurants may not provide plasticware unless requested by the customer. A new City of Chicago ordinance bans restaurants from providing “single-use foodware” such as disposable eating utensils, beverage stirrers, napkins, condiment packets, and chopsticks, unless requested. “Single-use foodware” does not include straws or lids. The ordinance allows restaurants to provide single use foodware at self-service stations and grants general exceptions for airports, drive-thrus, and charities, among other exceptions. The penalty for non-compliance is a fine of $200 – $1,000 for each day that the restaurant does not comply. Only restaurants located in the City of Chicago need to abide by this new ordinance.
Illinois restaurants must provide healthy beverages with packaged children’s meals. Under the Serve Kids Better Act, the healthy beverage can be any of the following: (1) water, sparkling water, or unsweetened flavored water; (2) 100% fruit or vegetable juice without sweeteners; (3) non-fat or 1% dairy milk with no more than 130 calories or; or (4) non-dairy milk alternatives with no more than 130 calories. The healthy beverage is to automatically come with the children’s meal, but can be swapped out for a less healthy beverage if requested by the customer. The penalty for non-compliance is first a warning, $25 for a second offense, and $100 for a third or subsequent offense. Restaurants should update their menus and advertisements relating to kids’ meals so that the approved options are listed as the default beverage.
Restaurants may need to educate their employees about the signs of human trafficking and reporting protocols. The Lodging Services Human Trafficking Recognition Training Act already required this human trafficking education for lodging establishments (hotels, motels, and casino hotel). This law now states, “[A] lodging establishment, restaurant, or truck stop shall provide its employees with training in the recognition of human trafficking and protocols for reporting observed human trafficking to the appropriate authority”. Although this language seems to plainly include restaurants and truck stops, the remainder of the law suggests that it is only meant to apply to restaurants and truck stops that are attached to lodging establishments. The general interpretation is that restaurants and truck stops only need to provide human trafficking training if they are also employed by an associated or attached lodging establishment.