Posts from: December 2016

Industrial Growth Zones Created

The City of Chicago and Cook County recently announced the creation of an “Industrial Growth Zone” initiative in order to encourage industrial development in seven designated Chicagoland neighborhoods.  These neighborhoods are principally located in existing industrial areas on the south and west sides of the City.  The program is intended to incentivize industrial development in these neighborhoods by removing barriers to further development and by providing services to support property owners and industrial developers in their development efforts.  Specifically, the services to be provided are aimed at two primary impediments to development: evaluation and remediation of environmental conditions and maneuvering complex governmental regulations.

Much of the land located within the Industrial Growth Zone program has been previously developed and used for industrial purposes.  Accordingly, to redevelop these properties, a developer will first need to conduct a Phase I environmental site assessment and, depending on the identification of recognized environmental conditions, to perform some level of environmental remediation.  This can constitute a significant barrier to development as the cost to conduct the required testing and the possible costs associated with remediating hazardous environmental conditions may be substantial both in terms of costs and delays in commencing construction.  The Industrial Growth Zone initiative will provide qualified developers up to $130,000 of financial assistance for environmental evaluation and remediation efforts.  Specifically, developers may be eligible for $5,000 to update an existing Phase I environmental report and up to $25,000 to conduct a Phase II report.  Additional funds in the amount of $100,000 may be available to remediate environmental conditions.

Additionally, the initiative will establish a “concierge” program.  The concierge will serve as a single point of contact for providing assistance to developers in conducting site evaluation and working their way through voluminous and complex layers of governmental regulations and requirements.  The concierge will assist in making available a broad range of site data and documentation required in connection with the development of properties.  This data includes, among other things, zoning maps, aerial photos, surveys, ownership and real estate tax history, analysis of utility availability, flood plain classification, and providing information regarding the presence of wetlands and endangered species.  Having access to this information at the early stages of the development process will save a developer time and effort in conducting its due diligence, evaluating the suitability of a property for development, and commencing the process of obtaining required governmental approvals.

For further information regarding Industrial Growth Zones, real estate development and related issues, please contact:

Jeffrey M. Galkin at:

jgalkin@lgattorneys.com or 312-368-0100.

Restaurant Nutrition Labeling Provisions of the Patient Protection and Affordable Care Act of 2010

More than two-thirds of adults in the U.S. are overweight or obese.  Approximately one-third of consumers’ total caloric intake comes from foods consumed outside the home in restaurants and other retail food businesses.  In order to provide consumers with easily accessible nutrition information, pursuant to the nutrition labeling provisions of the Patient Protection and Affordable Care Act of 2010, the Food and Drug Administration (FDA) now requires the disclosure of certain nutrition information for standard menu items in restaurants.

FDA is now requiring disclosure of certain nutrition information for standard menu items in restaurants and similar retail food establishments that are part of a chain with 20 or more locations doing business under the same name and offering for sale substantially the same menu items.  These businesses will be required to provide calorie and other nutrition information for standard menu items, including food on display and self-service food.  This rule was originally to become effective on December 1, 2015, but the compliance date for the rule was extended to May 5, 2017.

To be covered by this rule, a business must satisfy several criteria.  Primarily, it must be a restaurant or similar retail food establishment.  Restaurants and similar retail food establishments include bakeries, cafeterias, coffee shops, food service facilities located within entertainment venues (such as amusement parks, bowling alleys, and movie theaters), food service vendors such as ice cream shops and mall cookie counters, food take-out and/or delivery establishments, such as pizza take-out and delivery businesses, quick service restaurants, and table service restaurants.

These new rules will require food service operators to revamp their menus, but presumably these changes will lead to healthier public.

For further information regarding this topic, please contact:

Jonathan M. Weis at:

jweis@lgattorneys.com or 312-368-0100.

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