4-108-032 License – Investigation.

   No license shall be issued under this chapter unless the premises identified in the license application has been inspected by the fire department to determine compliance with the applicable provisions of this Code.

(Added Coun. J. 5-9-12, p. 27485, § 56)

4-108-035 Reserved.

Editor's note – Coun. J. 4-16-97, p. 42588, repealed § 4-108-035, which pertained to filling station omnibus license.

4-108-040 License – Fee.

   The fee for each filling station license shall be as set forth in Section 4-5-010.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 12-15-99, p. 21529, § 1; Amend Coun. J. 11-15-06, p. 92532, § 1; Amend Coun. J. 1-13-10, p. 83191, § 1)

4-108-050 Location and frontage consents.

   No tank, container, pipe or other equipment for the storage and handling of flammable liquids shall be installed within 200 feet of the nearest boundary of any lot or plot of ground used for a school, hospital, church or theater.

   No person shall locate, construct or maintain any filling station in connection with which there is installed any tank for the storage of flammable liquids on any lot or plot of ground without first obtaining the written consents of the property owners representing the majority of the total frontage in feet of any lot or plot of ground lying wholly or in part within lines 150 feet distant from and parallel to the boundaries of the entire lot or plot of ground to be used for and with such filling station, driveways and enclosing fences, if any; provided, however, that for the purpose of this section only the frontage of any such lot or plot of ground or that part of the frontage of any part of such lot or plot of ground as comes within the 150-foot limit herein prescribed shall be considered; and provided further, that any and all petitions containing such consents of property owners shall be based on and contain the legal description of the property affected, and that, for the purposes of this section, whenever the lot or plot of ground in which such tank is to be installed is in any shape other than a rectangle, the 150-foot limiting line aforementioned shall not exceed in distance 150 feet from any point in the boundaries of such lot or plot of ground.

   These provisions shall not be applicable to the installation of a tank containing any of the oils referred to in Section 15-24-020 of this Code when such oils are to be used in connection with garages or manufacturing plants where such oils are incidental to the business conducted or oils used for fuel purposes, and when sold to customers of such garages or plants and dispensed from portable tanks or from pumps located inside of the premises not accessible directly from the street or from an open driveway.

   Except as otherwise permitted by Chapter 15-24 of this Code, storage of flammable liquids shall be outside of buildings.

(Added Coun. J. 12-9-92, p. 25465)

4-108-060 Reserved.

Editor's note – Coun. J. 12-15-99, p. 21529, § 1, repealed § 4-108-160, which pertained to change of location – application – conditions.

4-108-065 Self-service filling station requirements.

   (a)   Every licensee operating a self-service filling station shall comply with the following requirements:

      (1)   All self-service dispensing equipment shall be under the supervision of an attendant at all times that the establishment is open to the public.

      (2)   Upon request, a self-service filling station attendant shall assist an unaccompanied physically handicapped person, senior citizen or other person who is unable to safely refuel or recharge a motor vehicle.

   (b)   The commissioner may waive the requirements of this section for filling stations that are not open to the general public.

(Added Coun. J. 5-9-12, p. 27485, § 57)

4-108-070 Smoking prohibited.

   It shall be unlawful for any person to permit smoking in any filling station.

(Added Coun. J. 12-9-92, p. 25465)

4-108-071 Certain persons permitted to service vehicle – Violation – Penalty.

   It is unlawful for any person to dispense fuel or to provide any other service to a vehicle, or to offer to dispense fuel or to provide any other service to a vehicle at a filling station unless the person is the licensee of the filling station, an employee or agent of the licensee, or the operator or a passenger of the subject vehicle. Any person who violates any provision of this section shall be subject to a fine of $50.00.

(Added Coun. J. 7-14-93, p. 35528; Amend Coun. J. 5-9-12, p. 27485, § 58)

4-108-080 Reserved.

Editor's note – Coun. J. 5-9-12, p. 27485, § 59 repealed § 4-108-080, which pertained to worker's lockers.

4-108-081 Public restroom requirement.

   (a)   The owner or operator of any filling station shall provide at least one clean and functional public restroom. The public restroom must remain open to customers during all hours that the filling station is open, subject to the following: for those filling stations that have a full service convenience store operation on the premises, the restroom can be closed when the convenience store operation is closed; for all other stations, the restroom may be closed at 7.30 p.m. during daylight savings time and at 5.00 p.m. after daylight savings time ends.

   (b)   Subsection (a) of this section may be waived when any legal voters of the precinct, if any, in which the filling station is located, file in the office of the city clerk, a written consent affidavit directed to the city clerk, containing the signatures of not less than 25 percent of the legal voters registered with the board of election commissioners from the precinct. The written consent affidavit shall state that “Due to public safety concerns, we request that a public restroom NOT be provided at the following address....” Notice of the filing shall be simultaneously delivered to the alderman of the ward in which the public restroom exemption is requested. For a period of 30 days after the written consent affidavit is filed, any person who signed the written consent affidavit may submit a written revocation of consent with the city clerk. After the expiration of the 30-day period, and after the city clerk or its designee has verified the legitimacy of all signatures supplied with the written consent affidavit and any revocations that may have been filed, the city clerk shall certify whether sufficient valid signatures have been filed to proceed with the waiver. Any person who knowingly makes any false statement, submits any false information or misrepresents any information required under this paragraph shall be fined not less than $500.00 per offense, or incarcerated for a period not to exceed three months, or both.

   (c)   In the event that, after a good faith effort, the owner or operator is unable to obtain the necessary signatures for the waiver provided for in subsection (b) above, the requirements of subsection (a) may be waived at the election of the owner or operator of the filling station is 800 square feet or less in size. The election shall be made by the owner or operator by submitting a written statement to the city clerk explaining the good faith efforts made to obtain the necessary signatures and a drawing, prepared by a licensed architect or engineer, bearing the certification of the architect or engineer that the station structure is 800 square feet or less.

   (d)   The city clerk shall, and is hereby authorized to, (1) promulgate rules and regulations governing the filing and review of the written consent affidavit provided for herein and (2) enter into an agreement with the board of election commissioners of the City of Chicago regarding the verification of the legitimacy of the signatures supplied with the written consent affidavit.

(Added Coun. J. 7-25-01, p. 64903, § 1; Amend Coun. J. 7-31-02, p. 91333, § 1; Amend Coun. J. 11-6-02, p. 95898, § 1; Amend Coun. J. 3-9-05, p. 43523, § 1; Amend Coun. J. 5-9-12, p. 27485, § 60)

4-108-090 Flammable liquids for cleaning – Restrictions.

   Gasoline, benzine, naphtha and similar flammable liquids shall not be used for washing or cleaning purposes within any filling station nor in the open air within a distance of 50 feet of any repair pit or any opening from any basement space.

(Added Coun. J. 12-9-92, p. 25465)

4-108-100 Waste disposal.

   Waste oil or other flammable liquids shall be stored in metal containers pending removal from the premises. No such waste shall be permitted to drain into any sewers or stormwater drainage system. Rags and soiled waste shall be kept in metal containers.

(Added Coun. J. 12-9-92, p. 25465)

4-108-110 Spills or overflows.

   Provisions shall be made in filling stations, by grading driveways, raising door sills or other means, to prevent spills or overflows from flowing into or under buildings.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 5-9-12, p. 27485, § 61)

4-108-111 Proper disposal of tires.

   No licensee under this chapter shall replace or repair motor vehicle tires unless the licensee maintains in effect a contract for the removal and disposal of motor vehicle tires replaced by the licensee. The contract, or proof thereof, shall be kept on the licensed premises and be made available for inspection by representatives of the city during the licensee's business hours.

(Added Coun. J. 6-14-95, p. 3094; Amend Coun. J. 5-9-12, p. 27485, § 62)