TITLE 4
BUSINESSES, OCCUPATIONS AND CONSUMER PROTECTION
   Ch. 4-4   General Licensing Provisions
   Ch. 4-5   License Fees for Title 4 Licenses
   Ch. 4-6   Regulated Business License
   Ch. 4-8   Food Establishments
   Ch. 4-11   Maxwell Street Market
   Ch. 4-12   Farmers Markets
   Ch. 4-13   Short Term Residential Rental Intermediaries and Advertising Platforms
   Ch. 4-14   Shared Housing Units
   Ch. 4-16   Shared Housing Unit Operator
   Ch. 4-17   Restricted Residential Zones
   Ch. 4-24   Reserved
   Ch. 4-28   Drain Layers
   Ch. 4-32   Reserved
   Ch. 4-36   Licensing of General Contractors
   Ch. 4-40   Reserved
   Ch. 4-44   Income Tax Preparers
   Ch. 4-48   Reserved
   Ch. 4-52   Reserved
   Ch. 4-58   Restrictions on BYOB
   Ch. 4-60   Liquor Dealers
   Ch. 4-64   Tobacco Dealers
   Ch. 4-68   Ambulances
   Ch. 4-72   Reserved
   Ch. 4-75   Children's Services Facility
   Ch. 4-76   Child Care Institution
   Ch. 4-80   Reserved
   Ch. 4-83   Heliports
   Ch. 4-84   Reserved
   Ch. 4-88   Reserved
   Ch. 4-92   Reserved
   Ch. 4-93   Reserved
   Ch. 4-96   Reserved
   Ch. 4-97   Reserved
   Ch. 4-100   Reserved
   Ch. 4-108   Filling Stations
   Ch. 4-115   Reserved
   Ch. 4-128   Reserved
   Ch. 4-144   Weapons Dealers
   Ch. 4-149   Reserved
   Ch. 4-151   Shooting Range Facility License
   Ch. 4-152   Wholesale Drug, Chemical or Paint Stores
   Ch. 4-156   Amusements
   Ch. 4-160   Sports Plazas
   Ch. 4-164   Reserved
   Ch. 4-165   Reserved
   Ch. 4-168   Bicycle Messenger Services
   Ch. 4-184   Reserved
   Ch. 4-188   Reserved
   Ch. 4-196   Excavators
   Ch. 4-204   Reserved
   Ch. 4-207   Reserved
   Ch. 4-208   Reserved
   Ch. 4-209   Reserved
   Ch. 4-210   Reserved
   Ch. 4-212   Pop-Up Retail Users
   Ch. 4-216   Reserved
   Ch. 4-220   Reserved
   Ch. 4-224   Manufacturing Establishments
   Ch. 4-226   Reserved
   Ch. 4-228   Motor Vehicle Repair Shops
   Ch. 4-229   Tire Facilities
   Ch. 4-232   Motor Vehicle Storage and Sales
   Ch. 4-233   Reserved
   Ch. 4-236   Parking Lot and Garage Operations Tax
   Ch. 4-240   Pawnbrokers
   Ch. 4-244   Street Peddlers and Street Performers
   Ch. 4-250   Commercial Passenger Vessels
   Ch. 4-252   Reserved
   Ch. 4-253   Reserved
   Ch. 4-256   Roofers
   Ch. 4-260   Reserved
   Ch. 4-264   Secondhand Dealers
   Ch. 4-266   Steam Boiler Erectors and Repairers
   Ch. 4-268   Reserved
   Ch. 4-276   Regulation of Weights and Measures
   Ch. 4-280   Cable Communication
   Ch. 4-284   Cable Ethics
   Ch. 4-288   Crane Operators
   Ch. 4-290   Electrical Contractors
   Ch. 4-292   Supervising Electricians
   Ch. 4-296   Reserved
   Ch. 4-298   Elevator Mechanic Contractors
   Ch. 4-304   Reserved
   Ch. 4-305   Remote Service Terminals
   Ch. 4-308   Foreign Fire Insurance Companies
   Ch. 4-312   Reserved
   Ch. 4-324   Reserved
   Ch. 4-328   News Media Credentials
   Ch. 4-332   Plumbers
   Ch. 4-336   Plumbing Contractors
   Ch. 4-340   Special Policemen and Security Guards
   Ch. 4-344   Stationary Engineers and Boiler Tenders
   Ch. 4-348   Reserved
   Ch. 4-352   Telegraph Services
   Ch. 4-360   Vendor Licensing and Regulation at Navy Pier
   Ch. 4-364   Warehouses
   Ch. 4-368   Reserved
   Ch. 4-372   Reserved
   Ch. 4-376   Employing Masons and Mason Contractors
   Ch. 4-380   Reserved
   Ch. 4-384   Animal Care
   Ch. 4-388   Rooftops in Wrigley Field Adjacent Area
   Ch. 4-392   Reserved
   Ch. 4-400   Reserved
CHAPTER 4-4
GENERAL LICENSING PROVISIONS*
* Editor's note – Coun. J. 5-9-12, p. 27485, § 14, amended Ch. 4-4, §§ 4-4-0054-4-350, to read as herein set out and repealed §§ 4-4-010 – 4-4-390, in their entirety. Prior to inclusion of these provisions, Ch. 4-4 pertained to general licensing provisions.
Article I.  General License Requirements
4-4-005   Definitions.
4-4-010   License – Required – Violation – Penalty.
4-4-015   Closure order – Violation – Penalty.
4-4-016   Classification of licenses.
4-4-020   Limited business license – Required for businesses not provided for by other Code provisions – License fee.
4-4-022   Emerging businesses – Non-traditional business activity – Permit requirements.
4-4-023   License review advisory group.
4-4-040   License – Issuance.
4-4-045   Pre-license issuance – Proximity restriction measurement – Application – Fee.
4-4-050   License – Application.
4-4-060   License – Application and renewal – Inspection or investigation.
4-4-070   License – Application – Affidavits.
4-4-080   Bonds.
4-4-084   License suspension or revocation pending payment of fines, costs or other sum of money owed to the city.
4-4-100   Fast-track business sign.
4-4-112   Unlicensed businesses – Liability of property owner.
4-4-130   Rebate or refund of fees.
4-4-135   Reinspection fees.
4-4-150   Indebtedness – License ineligibility.
4-4-152   Child support delinquencies.
4-4-160   Mailing of license and related material.
4-4-170   Change of location.
4-4-175   Change of officers.
4-4-176   Change of business name.
4-4-180   Adjustments.
4-4-190   Nontransferability – Unlawful transfer or use.
4-4-200   License insignia – Loss – Associated fees.
4-4-210   License insignia – Display.
4-4-230   License certificates and insignia – Alteration or removal prohibited.
4-4-250   Expiration.
4-4-260   License renewal.
4-4-265   Remediation conferences.
4-4-270   Building permit privileges – Suspension.
4-4-280   License revocation.
4-4-281   License and registration rescission.
4-4-282   License suspension or revocation – Illegal activities on premises.
4-4-283   Closure due to dangerous or hazardous conditions – Effect on license or application.
4-4-285   Public safety threat – Summary closure – When authorized.
4-4-289   Effect of revocation.
4-4-290   Enforcement of license ordinances.
4-4-295   Unlawful interference with enforcement.
4-4-299   Trademark violations.
4-4-300   Hazardous use units.
4-4-305   Inspections – Duties of licensee.
4-4-306   Illegal conduct on licensed premises – Cooperation with police.
4-4-307   Fingerprinting.
4-4-310   Public ways – Maintenance – Littering prohibited – Snow and ice removal.
4-4-312   Businesses – Chronic illegal activities premises.
4-4-313   Businesses that are or cause a nuisance.
4-4-314   Restrictions on display of merchandise.
4-4-320   License denial, revocation or suspension for certain offenses.
4-4-322   License or registration – Suspension or revocation by building commissioner.
4-4-332   Bed bugs.
4-4-333   Synthetic marijuana.
4-4-334   Synthetic stimulants.
4-4-335   Spray paint cans and markers.
4-4-336   Improper business signs.
4-4-337   Illegal use of parking facilities.
4-4-338   Cell phones and other wireless communication equipment.
4-4-350   Violation – Penalty.
ARTICLE I.  GENERAL LICENSE REQUIREMENTS (4-4-005 et seq.)
4-4-005  Definitions.
   As used in this Title 4, unless the context clearly indicates otherwise:
   “Applicant” means any person applying for a license. The term “applicant” includes all controlling persons.
   “Board of health” means the board of health of the City of Chicago.
   “Building code” or “building provisions of this Code” shall have the meaning ascribed to the term in Section 1-4-090.
   “Chicago Zoning Ordinance” means the City of Chicago Zoning Ordinance set forth in Title 17 of this Code.
   “City” means the City of Chicago.
   “Commissioner” means the commissioner of business affairs and consumer protection or the commissioner's designee.
   “Commissioner of health” means the commissioner of health of the City of Chicago.
   “Controlling person(s)” means any person who (1) is an officer, director, manager, managing member, partner, general partner or limited partner of an entity; or (2) owns, directly or indirectly through one or more intermediate ownership entities, 25 percent or more of the interest or voting shares in an entity seeking or holding a license; or (3) is among the top three persons holding the highest percentage of ownership interest in an entity; or (4) controls or directs in any manner the actions of a legal entity.
   “Department” means the department of business affairs and consumer protection.
   “Department of health” means the department of health of the City of Chicago.
   “Fire commissioner” means the commissioner of the fire department of the City of Chicago or the commissioner's departmental designee.
   “Licensee” means any person licensed or required to be licensed by the City, including all controlling persons.
   “Mayor” means the Mayor of the City of Chicago or the Mayor’s designee.
   “Minor cannabis offense” means a violation of Section 4 or 5 of the Cannabis Control Act, 720 ILCS 550/1, et seq., concerning not more than 30 grams of any substance containing cannabis, provided the violation does not include a penalty enhancement under Section 7 of the Cannabis Control Act and is not associated with an arrest, conviction or other disposition for a violent crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act, 725 ILCS 120/1, et seq.
   “Person” has the meaning ascribed to the term in Section 1-4-090.
(Added Coun. J. 5-9-12, p. 27485, § 14; Amend Coun. J. 5-18-16, p. 24131, § 3; Amend Coun. J. 11-26-19, p. 11547, § 2)
4-4-010  License – Required – Violation – Penalty.
   It shall be unlawful for any person to operate any business for which a City of Chicago license is required without first having obtained the required license(s) for such business. Each location at which a business operates must be separately licensed. Except as otherwise provided in Title 4, any person violating this section shall be fined not less than $250.00 nor more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 5-9-12, p. 27485, § 14; Amend Coun. J. 11-21-17, p. 61755, Art. V, § 3)
4-4-015  Closure order – Violation – Penalty.
   (a)   The Commissioner is authorized to order a business closed, in whole or in part:
      (1)   for engaging in unlicensed business activity, until all the required licenses are obtained, or
      (2)   for failing to pay any required license fee or to renew a license. The Commissioner shall issue a 10-day notice of violation before any closure under this subsection (a)(2) may take place.
   For the purposes of this Chapter, a business that has been issued a cease and desist order for a particular business activity shall be considered closed as to that business activity.
   (b)   If the Commissioner orders a business closed, whether in its entirety or as to one or more business activities, the Commissioner shall post a notice or sign on the licensed premises indicating that the business is closed in its entirety or as to specific business activities and is prohibited from engaging in them. No person shall remove any such notice or sign unless and until the business reopens, whether in its entirety or as to the closed business activities, in compliance with the Code.
   (c)   Any person who continues to operate a business which has been closed, in whole or in part, by the Commissioner pursuant to this section shall be subject to a fine of not less than $500.00 nor more than $1,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense. In addition to any other penalty provided by law, such violation may also be punishable as a misdemeanor by incarceration in the county jail for a term not to exceed six months under the procedures set forth in Section 1-2-1.1 of the Illinois Municipal Code and under the provisions of the Illinois Code of Criminal Procedure.
(Added Coun. J. 5-9-12, p. 27485, § 14; Amend Coun. J. 11-21-17, p. 61755, Art. V, § 4)
4-4-016  Classification of licenses.
   Business licenses issued under this Title 4 shall be one of three general types: (1) a limited business license issued under Section 4-4-020; or (2) a regulated business license issued under Chapter 4-6 of this Code; or (3) a specific license type established under Title 4.
(Added Coun. J. 5-9-12, p. 27485, § 14)
4-4-020  Limited business license – Required for businesses not provided for by other Code provisions – License fee.
   (a)   All businesses must be licensed to operate in the City of Chicago and shall obtain a limited business license from the department unless:
      (1)   the business is required to obtain a regulated business license under Chapter 4-6 of this Code; or
      (2)   the business is required to obtain one or more specific licenses under a specific chapter of Title 4 of this Code; or
      (3)   the City of Chicago is preempted from licensing the business by federal or state law; or
      (4)   a permit has been issued for the business pursuant to Section 4-4-022.
   (b)   The license fee for a limited business license shall be as set forth in Section 4-5-010 and shall accompany the license application.
   (c)   Any person who obtains a limited business license shall limit the activities carried on in such business to those activities identified in the license application. If the licensee adds any activity not identified in, or outside the bounds of, or not incidental to the description of the business activities provided at the time of licensing, the licensee shall so inform the department prior to commencing the additional activity. If a specific license is required for the additional business activity, the licensee shall obtain such specific license prior to commencing the additional activity.
   (d)   A limited business license shall not be required for any business activity that has been disclosed in the license application and that is incidental to the primary business activity for which a license has been obtained. Provided, however, that if a specific license is required for such incidental business activity, the licensee shall obtain such specific license prior to commencing the incidental activity.
   (e)   Notwithstanding the foregoing requirements, the licensing provisions of this chapter shall not apply to the sale or exchange of used merchandise conducted or controlled by charitable organizations.
(Added Coun. J. 5-9-12, p. 27485, § 14)
4-4-022  Emerging businesses – Non-traditional business activity – Permit requirements.
   (a)   In reviewing a license application, the commissioner shall determine whether a proposed business activity is an emerging business type or a non-traditional business activity that falls outside the parameters of any existing regulated business license under Chapter 4-6 or other specific license type under Title 4, and whether the proposed business activity presents potential risks to the public health, safety and welfare such that, for the protection of the public, the activity must be subject to more intense regulation than would be associated with a limited business license.
   (b)   If the commissioner so determines, the commissioner may disapprove the license application. The applicant may seek a hearing on the disapproval pursuant to the procedures of Section 4-4-060.
   (c)   In the alternative, the commissioner is authorized to grant an emerging business permit to the applicant to engage in the proposed business activity on an experimental basis.
   (d)   The emerging business permit shall be non- renewable and valid for a maximum of two years. The emerging business permit shall be a personal privilege and not property. The emerging business permit shall not be transferrable to another location, person or business entity. If the officers or owners of the business change, the emerging business permit shall immediately terminate unless the change has been approved in advance by the commissioner.
   (e)   The commissioner may attach conditions to the emerging business permit as are reasonably required to protect the public health, safety and welfare from risks including, but not limited to: adverse impact on public health, public safety, increased demand on city services, increased environmental impacts, or increased traffic or congestion in the public way. The commissioner may attach any such conditions when the emerging business permit is issued, or the commissioner may attach, remove or modify conditions at any time during the term of the permit, upon reasonable notice to the permit holder.
   (f)   The commissioner may make a determination at any time during the term of the emerging business permit that the permitted business activity as conducted presents an unreasonable risk to the public health, safety and welfare which cannot be mitigated, and may rescind the emerging business permit, with or without prior notice. If an emerging business permit is rescinded, the permit holder shall be given the opportunity to appear before the commissioner to contest the permit rescission before the rescission is effective or no later than ten days after the rescission is effective.
   (g)   At the end of the term of the emerging business permit, the permit holder's permission to engage in the permitted business activity shall terminate unless (1) the City Council has established a new license category or amended an existing license category under which the permitted business activity may be licensed; and (2) the permit holder has applied for and obtained the necessary license.
   (h)   When issuing an emerging business permit, and when attaching, removing or modifying conditions on an existing emerging business permit, the commissioner shall make a report to the license review advisory group and to the chairman of the city council committee on license and consumer protection or its successor committee describing the permitted business activity and the conditions imposed upon that activity.
   (i)   After three-fourths of the emerging business permit term has elapsed, the permit holder may submit a report to the commissioner and to the chairman of the city council committee on license and consumer protection or its successor committee requesting that a license category be created or amended to license the permitted business activity. The report shall describe the permitted business activity, the history of its operation under the emerging business permit, any disciplinary, legal or law enforcement problems that arose out of the permitted business activity, any positive or negative impacts of the permitted business activity on the public health, safety and welfare, and the public benefit derived from the permitted business activity. The city council may, in its discretion, elect to establish a new license category or amend an existing license category on the same or different terms as the emerging business permit.
   (j)   Each application for an emerging business permit shall be considered independently. The issuance of an emerging business permit to an applicant, or the conditions imposed on a permit by the commissioner, shall not be precedent for the issuance of, or imposition of permit conditions upon, a similar emerging business permit to any other applicant or permit holder.
   (k)   Operation of a business under an emerging business permit shall constitute acceptance of the terms and conditions of this ordinance, any applicable rules and regulations, and any special conditions of the permit.
   (l)   The commissioner may issue rules and regulations to effectuate the purposes of this section.
(Added Coun. J. 5-9-12, p. 27485, § 14)
4-4-023  License review advisory group.
   The commissioner may convene, at the commissioner's discretion, a license review advisory group for the purpose of recommending amendments to, repeal of or adoption of new provisions relating to licensing of any business in the city. Such group shall comprise selected representatives of city departments and agencies, and the chairman of the city council committee on license and consumer protection or its successor committee. In addition, such group may include business constituencies affected by the proposed change in law and interested aldermen.
(Added Coun. J. 5-9-12, p. 27485, § 14)
4-4-040  License – Issuance.
   All licenses issued by the city shall bear the seal of the city, and shall contain the following information: (1) the name and address of the licensed establishment; (2) the nature or type of business licensed; (3) the amount of the licensee fee paid; and (4) such other material information as appropriate for the license type.
(Added Coun. J. 5-9-12, p. 27485, § 14)
4-4-045  Pre-license issuance – Proximity restriction measurement – Application – Fee.
   (a)   Proximity restriction measurement – When authorized – Construction of section. If a proximity restriction applies in connection with any license issued under this Title IV, the person seeking such license (for purposes of this section, "prospective license applicant") may, prior to submitting a license application under Section 4-4-050, file an application with the department, on a form prescribed by the commissioner, requesting the department to measure the radius of the applicable area to determine whether, consistent with the applicable proximity restriction, the license(s) being sought by the prospective license applicant may be issued by the department. Provided, however, that nothing in this section shall be construed to prohibit the department from re-measuring the radius of the applicable area under this section or in connection with the submission of a license application under Section 4-4-050.
   (b)   Application – Notice – Duration. The application for a measurement under this section shall contain the following information: (1) the applicant's name; (2) the license(s) being sought by the applicant; (3) the street number and location of the premises for which the license(s) is being sought; (4) the boundaries of the premises for which the license(s) is being sought; and (5) any other information or documentation that the commissioner may require to conduct the measurement. Within 10 business days of completing such measurement, the commissioner shall notify the applicant in writing of: (i) the results of such measurement, and (ii) whether, based on those results and consistent with the applicable proximity restriction, the license(s) being sought may be issued by the department. Except in the case of a measuring error made by the department, a measurement under this section shall be valid for 60 calendar days after the date of notice, as identified on the face of such notice.
   (c)   Non-refundable application fee – Exceptions. An application under this section shall be accompanied by a non-refundable application fee of $250. Provided, however, that if the license(s) being sought by the prospective license applicant, as set forth in the application submitted under this section, is subsequently issued to such person for the premises and at the location described in such application, the $250 application fee required under this section shall be deducted from the total amount of the license fee(s) required to be paid by such person in connection with the initial issuance of such license(s). Provided further, that if a measuring error made by the department prohibits the department from issuing the requested license(s), the $250 application fee required under this section shall be refunded to the applicant under this section.
(Added Coun. J. 10-28-15, p. 11951, Art. X, § 5)
4-4-050  License – Application.
   (a)   Every application for, and renewal of, a license under Title 4 shall, at a minimum, contain, or in the case of license renewal confirm, the following information:
      (1)   If the applicant is an individual:
         (i)   the applicant's full name, residence address, business address, business, home and cellular telephone numbers, and e-mail address;
         (ii)   the name and telephone number of an emergency contact person;
         (iii)   the applicant's date of birth and social security number;
         (iv)   proof that the applicant is at least 18 years of age;
      (2)   If the applicant is a corporation:
         (i)   the applicant's name, the name under which the applicant is doing business, the applicant's address, the business' address, the applicant's telephone number and the business location's telephone number;
         (ii)   the date and state of incorporation;
         (iii)   the name, residence address and residence telephone number of all controlling persons;
         (iv)   the date of birth and social security number of all controlling persons;
         (v)   the name and telephone number of an emergency contact person;
         (vi)   proof that all controlling persons are at least 18 years of age;
         (vii)   proof that the corporation is in good standing under the laws of the State of Illinois;
      (3)   If the applicant is a partnership or limited liability company:
         (i)   the applicant's name, the name under which the applicant is doing business, the applicant's address, the business' address, the applicant's telephone number and the business location's telephone number;
         (ii)   the name, residence address, residence telephone number, date of birth and social security number of all partners, if a general partnership; of all general and limited partners, if a limited partnership; of all managers, managing members and members, if a limited liability company; and of all controlling persons;
         (iii)   the name and telephone number of an emergency contact person;
         (iv)   proof that all controlling persons are at least 18 years of age;
      (4)   If the applicant seeks to do business under an assumed name, proof of compliance with the Illinois Assumed Business Name Act;
      (5)   A description of the activities and services, as applicable, that the applicant will carry on or provide at the licensed premises;
      (6)   Whether the business activity at the location meets the requirements of the Chicago Zoning Ordinance;
      (7)   The license fee; and
      (8)   Any other information that the commissioner may reasonably require in connection with issuance or renewal of a license.
   (b)   It is a condition of the license that all information in the license application be kept current. The licensee shall report to the department any change in the above required information within ten business days of such change.
   (c)   The commissioner of the department responsible for issuing any required license shall promulgate rules and regulations to provide for situations where any of the information required in subsection (a) of this section or in a specific license type is not available.
   (d)   It shall be grounds for revocation or rescission of any license issued under Title 4 if the licensee or license applicant knows or should have known that the license application or renewal documentation contains false or incomplete information.
   (e)   Eligibility for issuance of any license under Title 4 shall be a continuing requirement for maintaining such license.
   (f)   No application for a license shall be accepted for any location if a license issued under this Title 4 at that location is subject to a pending disciplinary hearing seeking revocation of such license.
(Added Coun. J. 5-9-12, p. 27485, § 14; Amend Coun. J. 11-8-12, p. 38872, § 44; Amend Coun. J. 12-10-14, p. 100450, § 1)
4-4-060  License – Application and renewal – Inspection or investigation.
   (a)   All applications for a license submitted to the Department shall be reviewed and approved by the Zoning Administrator for compliance with the Chicago Zoning Ordinance.
   (b)   Upon receipt of an application for a license, the Commissioner shall transmit to the appropriate departments or boards all information necessary for any required investigation, inspection or approval. Within ten days after receipt of such information, the head of the applicable department or board shall investigate the applicant or inspect the business premises, as appropriate, and shall provide the Commissioner with a written report summarizing the results of such investigation or inspection, or, if applicable, whether the license applicant has sufficiently self-certified the requirements necessary for approval of the application. The Commissioner is also authorized to examine the applicant for a license or renewal thereof or its controlling persons under oath, and to examine the books and records of any such applicant. If the applicant fails to appear to answer any question or to produce any book(s) or record(s) required to be produced, such failure shall be sufficient grounds to disapprove the license application. Within two business days of receipt of such written report, the Commissioner shall approve or disapprove the license application.
   If the Commissioner determines that the applicant and all controlling persons have complied with all requirements necessary for the license to be issued, and that the location of the business and the condition of the premises are proper, and that the license applicant is in compliance with all laws and provisions of the Code applicable to the business identified in the license application, the Commissioner shall issue such license.
   If the Commissioner disapproves the license application or renewal, the Commissioner shall notify the applicant in writing of the reasons for such disapproval. Such notice shall be sent to the applicant, by first class mail addressed to the applicant at the address identified in the license application, within five calendar days after the date on which such disapproval occurs. Within ten calendar days after such notice is mailed, the license applicant may make a written request to the Commissioner for a hearing on the disapproved application. Within ten calendar days after such written request for a hearing is made, a public hearing shall be authorized before a hearing officer appointed by the Commissioner. Such public hearing shall be commenced within ten calendar days after such hearing is authorized. Within 14 calendar days after completion of such hearing, the hearing officer shall report the findings to the Commissioner. If the Commissioner determines after such hearing that the license application or renewal should be denied, the Commissioner shall, within 60 calendar days after such hearing has been concluded, state the reasons for the Commissioner's determination in a written finding and shall serve a copy of such written finding upon the license applicant. The Commissioner's determination shall be final and may be appealed in the manner provided by law.
   (c)   Except for licenses issued pursuant to Chapter 4-60 or Articles III, V or VI of Chapter 4-156 of this Code: The license review process shall be completed within 90 calendar days after the license application is filed. If the license review process is not completed within 90 calendar days after the license application is filed, the license application fee shall be forfeited to the City and a new application and filing fee submitted to the Department after expiration of such 90-day period, unless the delay in completing the license review process was caused by the City or is solely due to the failure to complete building inspections.
   (d)   If an inspection is required under Title 4 for a license to be issued or renewed, no fee shall be assessed for such inspection. Provided, however, that a $50.00 reinspection fee may be assessed against an applicant if a subsequent inspection is necessary due to the applicant's failure to take any required action or whenever a scheduled inspection cannot take place because the applicant is absent.
(Added Coun. J. 5-9-12, p. 27485, § 14; Amend Coun. J. 2-10-16, p. 18766, § 1; Amend Coun. J. 11-21-17, p. 61755, Art. VII, § 1)
4-4-070  License – Application – Affidavits.
   All applicants may be required to swear before a notary to any statement made in connection with the application for any license.
(Added Coun. J. 5-9-12, p. 27485, § 14)
4-4-080  Bonds.
   If a bond is required under the license provisions of Title 4, the corporation counsel or comptroller, or their respective designee(s), may review or investigate such bond before a license is granted or renewed. A bond may be rejected by the city on legal or financial grounds. If the bond is rejected, the applicant or licensee shall be notified of the reason(s) why the bond was rejected and may submit a new bond for approval by the corporation counsel or comptroller or their respective designee(s).
(Added Coun. J. 5-9-12, p. 27485, § 14)
4-4-084  License suspension or revocation pending payment of fines, costs or other sum of money owed to the city.
   If a person fails to pay any fine, assessment of costs or other sum of money owed to the city pursuant to an order of the department, a court order or an order of the department of administrative hearings within 30 calendar days of such fine, assessment or sum of money becoming a debt due and owing to the city within the meaning of Chapter 1-19 of this Code, such person's license may be suspended or revoked by the department in accordance with the requirements set forth in Section 4-4-280. If the license is suspended, the suspension shall remain in effect until such time that the fine, assessment of costs or other sum of money is paid in full. If the license is revoked, the licensee shall be barred from applying for a new or different city license for a period of one year after the date of revocation.
(Added Coun. J. 5-9-12, p. 27485, § 14)
4-4-100  Fast-track business sign.
   (a)   Each business that is either licensed by the City or exempt from licensure pursuant to Section 4-4-020(a)(3) and that is located on a ground floor shall be allowed one fast-track business sign without the need for a sign permit issued by the Department of Buildings, subject to the restrictions of this Section 4-4-100.
   (b)   The Commissioner may promulgate rules for the administration of the fast-track business sign program, including, but not limited to, requiring that the sign display a Department issued decal.
   (c)   For purposes of this section, the term “fast-track business sign” is defined as an on-premise sign, as that term is defined in Section 17-17-02109, of no more than 16 square feet (4.87 m2) in area located in the interior side of a ground floor window of the on-premise business. In no event may the sign extend over the public way, be a dynamic image display sign, a flashing sign, or a video display sign. Further, the sign must be of a type allowed for that location under Title 17 of this Code. An on-premise ground floor window sign that is electrically powered must comply with Chapter 14E of this Code. A business sign that is electrically hard-wired is subject to issuance of an electrical permit and must be installed by a registered electrical contractor pursuant to that electrical permit. The exemption from a sign permit requirement under this section is for one on-premises sign per business only and the 16 square feet (4.87 m2) allotment may not be divided among multiple signs. The sign authorized by this Section is in addition to window signs allowed under Section 13-20-550(d) of this Code. The sign authorized by this section shall be not counted in the calculation of the total sign area restrictions imposed by Section 17-12-1003.
   (d)   The fee for each fast-track business sign shall be $250.00.
(Added Coun. J. 11-26-19, p. 11390, Art. IX, § 2)
4-4-112  Unlicensed businesses – Liability of property owner.
   (a)   No property owner shall allow any person to operate on such owner's property any business for which a license is required under this Code without a license first having been obtained for such business.
   (b)   Any property owner who violates subsection (a) of this section shall be notified in writing by the department of the fact of such violation and of the property's duty to correct such violation of this section. If the property owner fails to correct such violation by the date certain set forth in the written notice required under this section, the property owner shall be subject to a fine of up to $500.00 for the first offense of subsection (a) within any five year period; of up to $5,000.00 for the second offense of subsection (a) within any five year period; and of up to $10,000.00 for the third or any subsequent offense of subsection (a) within any five year period. Each day that a violation continues shall constitute a separate and distinct offense. Mitigating factors that may be considered in determining the amount of the fine to be imposed against the property owner shall include the following: (1) proof that the property owner has initiated eviction proceedings against the tenant engaged in the unlicensed business activity; (2) proof that the property owner called 311 in a timely manner to report the unlicensed business activity; (3) proof that the property owner filed a timely complaint with 311 online through www.cityofchicago.org to report the unlicensed business activity; or (4) any other mitigating factor set forth in regulations duly promulgated by the commissioner.
(Added Coun. J. 5-9-12, p. 27485, § 14)
4-4-130  Rebate or refund of fees.
   (a)   No license fee or part thereof shall be refunded or rebated to any person, unless the commissioner determines that (1) the license fee was collected in error, or (2) the holder of a license has been prevented from enjoying the full license privilege because such holder is (i) the sole proprietor of the licensed establishment, and (ii) on active-duty status in the United States Armed Forces regular component, reserve component or National Guard, and (iii) stationed beyond the corporate limits of the city; or (3) the licensed business is forced to close before the license period expires due to an exercise of the power of eminent domain by the government. If a refund or rebate of any license fee is requested and made pursuant to items (2) or (3) of this section, the amount of such refund or rebate shall be prorated to reflect the number of months remaining during the license period, as measured from the date on which the applicable requirements set forth in items (2) or (3) are met.
   (b)   If a license applicant files an incomplete license application with the department, and such applicant fails to complete the license application within 90 days after the date on which such incomplete application is filed, the license fee shall be forfeited to the city and a new application and license fee shall be required to process the application. Provided, however, that this requirement shall not apply to any license issued under Chapters 4-60 or 4-156 of this Code. Provided further, that this requirement shall not apply if the applicant's failure to complete the license application in a timely manner is caused by the city.
(Added Coun. J. 5-9-12, p. 27485, § 14)
4-4-135  Reinspection fees.
   Except as otherwise provided in subsection (d) of Section 4-4-060, a reinspection fee in the amount of $50.00 shall be assessed against the licensee for each necessary or appropriate inspection conducted by or caused to be conducted by the City to address code violation(s) previously identified in any inspection.
(Added Coun. J. 5-9-12, p. 27485, § 14)
4-4-150  Indebtedness – License ineligibility.
   (a)   Whenever used in this section, the term “debt” shall mean:
      (1)   a sum of money owed to the city for which the period granted for payment has expired, including, but not limited to, any obligation or payment of a sum of money owed to the city pursuant to a court order or an order of the department of administrative hearings, and in the case of a “tax” within the meaning of Section 3-4-020 of this Code, includes any unpaid tax liability, whether or not an assessment has been issued;
      (2)   any obligation or payment of a sum of money owed to a third party, including restitution, pursuant to an order of the department of administrative hearings;
      (3)   a parking ticket, notice of parking violation, or parking violation complaint on which full payment has not been made or an appearance has not been filed in the Circuit Court of Cook County within the time specified on the complaint;
      (4)   a sum of money owed to the State of Illinois when the city has received certification from the state that the license applicant or licensee upon renewal has been given notice and an opportunity to contest the state's determination that such applicant or licensee owes the sum of money;
      (5)   a sum of money owed to the Metropolitan Pier and Exposition Authority for the M.P.E.A. Airport Departure Tax;
      (6)   a sum of money owed to the County of Cook when the city has received certification from the county, pursuant to procedures agreed upon by the county and the city, that the license applicant has been given notice and an opportunity to contest the county's determination that such license applicant owes the sum of money.
   (b)   (1)   No initial or renewal license shall be issued under this Title to any license applicant or person owning, either directly or indirectly, 25 percent or more of the interest in such applicant, if (1) such applicant or person has any debt, as defined in subsection (a) of this section, and (2) notice of such debt has been provided to such applicant or person in accordance with the requirements set forth in Section 2-32-094(c); and (3) such debt has not been satisfied or otherwise resolved within the meaning of Section 2-32-094(a).
      (2)   (i)   No initial or renewal license shall be issued under this Title to any license applicant or person owning either directly or indirectly, 25 percent or more of the interest in such applicant, if such applicant or person, at the time of application for such initial or renewal license, has been identified as a building code scofflaw or problem landlord pursuant to Section 2-92-416 of this Code. Except as otherwise specified by rule, the prohibition in this subsection (b)(2)(i) shall apply at all times such applicant or person remains on the city's building code scofflaw or problem landlord list.
         (ii)   Any applicant for any initial or renewal license issued under this Title shall certify to the city with his application whether or not such applicant or any person owning, directly or indirectly, 25 percent or more of the interest in the applicant is, at the time of application for such license or permit, identified as a building code scofflaw or problem landlord pursuant to Section 2-92-416.
   For purposes of this subsection (b), the following definition shall apply: The term “25 percent or more of the interest in the applicant” shall mean 25 percent or more of the combined voting power or fair market value of all stock, partnership interests or other ownership interests in the applicant or the right to receive at any time the distribution of 25 percent or more of the income or profits of the applicant. Provided, however, that with respect to those licenses for which a lesser percentage of ownership interest is required to be disclosed, including, but not limited to, licenses issued under Chapter 4-60 (Liquor Dealers), the percentage of ownership set forth in the specific licensing ordinance shall be substituted for the term “25 percent” in the above definition.
   (c)   A late fee and interest shall be assessed in connection with a license renewal if the license cannot be issued or renewed in a timely manner due to outstanding debt.
(Added Coun. J. 5-9-12, p. 27485, § 14; Amend Coun. J. 1-21-15, p. 102428, § 4; Amend Coun. J. 11-20-19, p. 9510, Art. IV, § 9)
4-4-152  Child support delinquencies.
   No license shall be issued to or renewed by any applicant or person owning, either directly or indirectly, 25 percent or more of the interest in the applicant, and any license may be revoked, if such applicant or person is delinquent on any court-ordered child support arrearage or has failed to comply with a child support withholding notice. All license applicants shall certify in the license application whether the eligibility requirement set forth in this section have been met. For purposes of this section, the definition of the term “25 percent or more of the interest in the applicant”, as set forth in subsection (b) of Section 4-4-150, shall apply. Provided, however, that with respect to those licenses for which a lesser percentage of ownership interest is required, the percentage of ownership set forth in the specific licensing ordinance shall be substituted for the term “25 percent” in such definition.
(Added Coun. J. 5-9-12, p. 27485, § 14)
4-4-160  Mailing of license and related material.
   The city clerk or other issuing department may transmit any license certificate, license plate, tag, badge, emblem or other licensing insignia to a qualified licensee by any cost-effective method available, including electronic transmission, as appropriate.
(Added Coun. J. 5-9-12, p. 27485, § 14)
4-4-170  Change of location.
   If, prior to the expiration of the license period, any person licensed to engage in a business at a particular place seeks to change the location of such place of business, such licensee shall obtain a new license before conducting the business at the new location. The fee for such new license shall be prorated.
(Added Coun. J. 5-9-12, p. 27485, § 14)
4-4-175  Change of officers.
   (a)   Within 60 days of the effective date of any change in any officer, substantial owner, member or other individual required under Section 4-4-050 to be identified in the initial license application, the licensee shall file with the department a written notice of such change on a form provided by the department. Provided, however, that persons holding a liquor license under Chapter 4-60 of this Code shall comply with the notification requirements set forth in Section 4-60-060(c).
   (b)   Except as otherwise provided in Section 4-60-060(c), the notice of change required under subsection (a) of this section shall be accompanied by a filing fee, as follows: If the licensee holds a license that requires an investigation or approval by the department of police or a criminal background check for the license to be issued, the filing fee for the notice of change shall be $250.00, with an additional fee of $40.00 for each person required to be investigated, approved or checked. If the licensee does not hold a license that requires such an investigation, approval or check, the filing fee for the notice of change shall be $100.00.
(Added Coun. J. 5-9-12, p. 27485, § 14; Amend Coun. J. 11-21-17, p. 61858, Art. IV, § 1)
4-4-176  Change of business name.
   (a)   All licensees shall notify the department in writing, on a form provided by the department, within 60 days of the effective date of any change in the name of the licensed business.
   (b)   The notice of change required under subsection (a) of this section shall be accompanied by a filing fee of $40.00.
(Added Coun. J. 5-9-12, p. 27485, § 14)
4-4-180  Adjustments.
   If a licensee makes any change to the licensed business that places the business in a class requiring a higher license fee, the licensee shall obtain the correct license and pay the pro-rated difference between the license currently held and the new license for the time remaining on the current license. Upon issuance of the correct license and payment of the pro-rated license fee, the licensee shall receive additional license plates, badges, tags, emblems or other licensing insignia as appropriate.
(Added Coun. J. 5-9-12, p. 27485, § 14)
4-4-190  Nontransferability – Unlawful transfer or use.
   (a)   All licenses issued under this Code are non- transferable.
   (b)   It shall be unlawful for any licensee to loan or give away to any person any license certificate, plate, tag, badge, emblem or other licensing insignia issued to such licensee.
   (c)   It shall be unlawful for any person to use or display any license certificate, plate, tag, badge, emblem or other licensing insignia which has been unlawfully acquired.
(Added Coun. J. 5-9-12, p. 27485, § 14)
4-4-200  License insignia – Loss – Associated fees.
   (a)   If a licensee is required to obtain and exhibit any plate, tag, badge, emblem or other licensing insignia, the license fee shall include the cost of such licensing insignia.
   (b)   If a licensee loses any plate, tag, badge, emblem or other licensing insignia, the issuing department may authorize the issuance of duplicate insignia, if the licensee or other applicable person submits an affidavit attesting to such loss and pays a replacement fee of $25.00.
(Added Coun. J. 5-9-12, p. 27485, § 14)
4-4-210  License insignia – Display.
   (a)   It shall be the duty of every business for which a license is required to post such license in a conspicuous place on the premises of the business. Provided, however, that if a licensee is required by this Code or any rule or regulation promulgated thereunder to post the license in a specific place on the licensed premises, the more specific provision shall apply.
   (b)   No license certificate, plate, badge, tag, emblem or other licensing insignia shall remain posted or displayed after the license has expired or has been suspended or revoked.
(Added Coun. J. 5-9-12, p. 27485, § 14)
4-4-230  License certificates and insignia – Alteration or removal prohibited.
   (a)   No person shall add to, alter, deface, forge or counterfeit any license certificate or license plate, tag, badge, emblem or other licensing insignia issued by the city.
   (b)   No person shall destroy, obliterate, take, remove or carry away, without the consent of the licensee, any license certificate or license plate, tag, badge, emblem or other licensing insignia issued by the city. Provided, however, that nothing in this subsection (b) shall be construed to prevent any authorized city official from removing any license certificate, emblem or licensing insignia when the applicable license has expired or has been suspended or revoked.
(Added Coun. J. 5-9-12, p. 27485, § 14)
4-4-250  Expiration.
   It shall be the duty of the licensee to take all appropriate steps necessary to renew its license in a timely manner.
(Added Coun. J. 5-9-12, p. 27485, § 14)
4-4-260  License renewal.
   The commissioner of the department responsible for issuing any license required under Title 4 may renew any license at the beginning of a new license period upon proper application and payment of the required fee. Prior to renewal, all licensees and substantial owners shall provide the applicable commissioner with any new information necessary to make the information provided in the initial license application current and accurate. All license renewal applications filed after the expiration date of the license shall be charged a late license fee in the amount of 25 percent of the amount of the annual license fee, but in no event less than $25.00. Renewal may be denied, and a new license application may be required, if the licensee fails to apply for renewal within three months after the expiration date of the license.
(Added Coun. J. 5-9-12, p. 27485, § 14)
4-4-265  Remediation conferences.
   (a)   Any city department or agency that is responsible for enforcing any license requirement of this Code shall have authority to require a licensee to appear at a remediation conference at which the licensee shall be required to produce books and records or answer questions for the purpose of determining the licensee's compliance with any provision of the Code that is within the department's or agency's enforcement authority.
   (b)   If a department or agency requires a licensee to appear at a remediation conference, the licensee shall be given no less than 30 calendar days' notice, sent by first class mail to the licensee's address on file with the applicable department or agency, directing such licensee to appear at the offices of the department or agency for a remediation conference. If the licensee fails, without good cause, as determined by the applicable department or agency head, to appear at such remediation conference, the licensee shall not be eligible to renew the applicable license and the failure to appear shall constitute grounds to suspend or revoke the license.
(Added Coun. J. 5-9-12, p. 27485, § 14)
4-4-270  Building permit privileges – Suspension.
   The Commissioner of Buildings may suspend the ability of any person licensed, registered or certified or required to be licensed, registered or certified under this Chapter, including, but not limited to, contractors providing heat, ventilation, air conditioning or refrigeration services, to submit new applications or complete pending applications for a building permit or other permit issued by the Department of Buildings for cause as set forth in Section 14A-3-304 of this Code.
(Added Coun. J. 2-22-17, p. 43876, § 4; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 14)
4-4-280  License revocation.
   (a)   The Commissioner shall have the power to fine a licensee and/or to suspend or revoke any license for good and sufficient cause or if the issuing department determines that the licensee or its employee or agent has violated any provision of this Code or any rule promulgated thereunder or any applicable state or federal law. Provided, however, that no license shall be suspended or revoked unless the licensee is first given five calendar days' written notice of a public hearing, which shall provide the licensee with an opportunity to appear and defend. Such public hearing shall be held before a hearing officer, who shall report the findings to the Commissioner.
   The Commissioner shall have the right to examine the books and records of any licensee upon whom notice of a public hearing has been served.
   If, after such hearing, the Commissioner imposes a fine and/or suspends or revokes the applicable license, the Commissioner shall, within 60 calendar days after the hearing is completed: (1) state the reason(s) for such determination in a written order; (2) serve a copy of such order upon the licensee; and (3) post a notice or sign on the licensed premises indicating that the business has been closed, if applicable. No person shall remove any notice or sign indicating that a business has been closed by official order until such time, if any, that a business reopens in compliance with the provisions of this Code.
   If the Commissioner determines that a fine is an appropriate penalty, the amount of the fine shall not exceed the fine imposed in the chapter creating the subject license. If no fine is specified in that chapter, the fines specified in this chapter shall apply.
   (b)   For purposes of this Title 4 or any rule promulgated under any chapter of this Title 4: If the term “shall” is used in connection with any time frame for completion by the Commissioner of any required process, such term shall be construed as merely directory rather than mandatory, and the Commissioner's failure to complete such required process within the stipulated time frame shall not result in any loss of jurisdiction by the Commissioner.
   (c)   In the event the Mayor designates a local liquor control commissioner, said local liquor control commissioner shall exercise the power of the Commissioner as set forth in subsections (a) and (b) of this section with respect to liquor licenses.
(Added Coun. J. 5-9-12, p. 27485, § 14; Amend Coun. J. 11-16-16, p. 37901, Art. VIII, § 5; Amend Coun. J. 11-21-17, p. 61755, Art. VII, § 2)
4-4-281  License and registration rescission.
   The commissioner shall have the power to rescind any license or registration erroneously issued by the department. To rescind a license or registration, the commissioner shall: (l) send notice by first class mail to the licensee or registrant, as applicable, identifying the basis for the proposed rescission; (2) set forth a date and time, which shall be no sooner than ten calendar days after notice is mailed, for the licensee or registrant to appear before the commissioner to contest the proposed rescission; and (3) inform the licensee or registrant that such licensee or registrant is entitled at such hearing to present evidence in opposition to the proposed rescission. Following the hearing, the commissioner shall affirm or reverse the decision to rescind the license. If the licensee or registrant fails to appear at such hearing, the license or registration, as applicable, shall be deemed to be rescinded. The commissioner's decision, which shall be in writing, shall be mailed to the licensee at least five days before the effective date of the rescission. The commissioner's decision shall be final and may be appealed as provided by law.
(Added Coun. J. 5-9-12, p. 27485, § 14; Amend. Coun. J. 6-22-16, p. 27712, § 3)
4-4-282  License suspension or revocation – Illegal activities on premises.
   The license of any person may be suspended or revoked pursuant to Section 4-4-280 if the Commissioner determines that the person or such person's agent or employee has violated the provisions of Section 8-4-090 on any premises for which the license was issued.
(Added Coun. J. 5-9-12, p. 27485, § 14; Amend Coun. J. 11-21-17, p. 61755, Art. VII, § 3)
4-4-283  Closure due to dangerous or hazardous conditions – Effect on license or application.
   Whenever any authorized officer issues an order pursuant to Section 14A-3-305 of this Code to vacate and close any building, structure, premises or portion thereof used to conduct any activity requiring a license under this Code, all such activity within such closed portion of the building, structure, premises or portion thereof shall cease immediately.
(Added Coun. J. 5-9-12, p. 27485, § 14; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 15)
4-4-285  Public safety threat – Summary closure – When authorized.
   (a)   Definitions. As used in this section:
   “Acceptable nuisance abatement plan” or “nuisance abatement plan” means any conduct, action, step or acceptance of conditions that is reasonably calculated to prevent the reoccurrence of a public safety threat under this section, as agreed to by the licensee/owner and approved by the Commissioner in consultation with the Superintendent.
   “Appropriate means to effect the summary closure” or “means of closure” means a police order, sign, lock or other barrier or device intended to seal, secure, close or otherwise render an establishment or any part thereof inaccessible to persons.
   “Establishment” means any premises or place of business licensed or required to be licensed by law. The term “establishment” includes adjacent property. As used in this definition, “adjacent property” means (1) any public way located next to an establishment, if such public way is used by the licensee/owner, patrons or employees of the establishment; or (2) any private property that is located next to an establishment, if such private property is owned, leased, rented or used by the licensee/owner; or (3) any private property separated from an establishment by a public way and located next to such public way, if such private property is owned, leased, rented or used by the licensee/owner.
   “Establishment's operating hours” means any time while the establishment is open for business or within one hour or less of the time the establishment is opened or closed for business.
   “Licensee/owner” means the licensee of an establishment licensed under this Code. If an establishment is not licensed under this Code, “licensee/owner” means the owner of record of the building or premises in or on which the establishment is operating.
   “Public safety threat” means the occurrence of all of the following: (1) a violent offense occurs at an establishment during the establishment's operating hours, and (2) the violent offense involves acts of the licensee/owner, or its employees, agents or patrons, or otherwise involves circumstances having a nexus to the operation of the establishment, and (3) the superintendent reasonably determines, based on data or information in the superintendent's possession, that continued operation of the establishment presents a danger to the public.
   “Summary closure” or “summarily closed” means the immediate cessation of all business activities at an establishment and closure of the establishment.
   “Superintendent” means the superintendent of police or the superintendent's designee.
   “Violent offense” means the illegal discharge of a firearm; the killing of a human being by another; aggravated assault or aggravated battery; criminal sexual assault; or any other conduct that causes a person to suffer unconsciousness, severe bruising, severe bleeding, disability or disfigurement.
   (b)   Unlawful act – Public nuisance. It shall be unlawful for any person to operate any establishment in a manner that presents a public safety threat. For purposes of this section, a public safety threat is hereby declared to be a public nuisance subject to abatement under this section. If a public safety threat occurs at an establishment, a rebuttable presumption shall exist, for a period of six months after the date on which the public safety threat occurred, that continued operation of the establishment presents a danger to the public.
   (c)   Summary closure order – Lifting of summary closure order – When authorized. If the Superintendent determines that an establishment presents a public safety threat, the Superintendent may abate the threat by ordering the summary closure of the establishment. Except as otherwise provided in this subsection (c), such order shall remain in effect for an aggregate period of six months as measured from the date on which the public safety threat occurred. Provided, however, that any summary closure order issued by the Superintendent shall be lifted by the Commissioner, and the establishment shall be allowed to reopen, if (1) it is determined at a probable cause hearing or nuisance abatement hearing that a public safety threat did not occur, or (2) it is determined at a nuisance abatement hearing that continued operation of the establishment no longer presents a danger to the public, as may be evidenced by the submission and implementation of an acceptable nuisance abatement plan. Provided further, that no summary closure order shall be lifted by the Commissioner if the establishment is not properly licensed as required by law.
   (d)   Notice of summary closure – required. Upon ordering the summary closure of an establishment, the Superintendent shall cause a dated notice to be posted in a prominent place on the establishment informing the licensee/owner of the following facts: (1) the Superintendent has issued an order requiring the immediate cessation of all business activities at, and closure of, the establishment; (2) the reason(s) for the summary closure; (3) the licensee/owner's right to request in writing, within three business days after notice is posted, a probable cause hearing before the Commissioner to determine whether a public safety threat occurred; (4) if requested in writing, a probable cause hearing shall be commenced within three business days of receipt of such request; (5) the licensee/owner's right, at any time during the period of closure, to seek to resume business activities at the establishment, by requesting, in writing, a nuisance abatement hearing before the Commissioner to contest whether a public safety threat occurred or to rebut the Superintendent's determination that continued operation of the establishment presents a danger to the public; (6) if requested in writing, a nuisance abatement hearing shall be commenced by the Commissioner within five business days of receipt of such request; (7) the name of the person and the address to which a written request for each hearing should be directed; (8) the consequences of not requesting a hearing; and (9) the owner's potential liability for three times the cost or expense incurred by the City in abating a public safety threat under this section.
   If a person apparently in control of the establishment is present at the time the notice is posted at the establishment, a copy of such notice shall be personally served on such person at that time. In addition, a copy of such notice shall be mailed, by first class mail, to the licensee/owner. If the establishment identified in the notice is licensed under this Code, such copy shall be mailed to the licensee or, if applicable, to the registered agent or other officer of the licensee, at the licensee's business address and, if available, at the licensee's home address. If the establishment identified in the notice is not licensed under this Code, such copy shall be mailed to the owner of record as listed with the recorder of deeds, and to the taxpayer of record, of the building or premises in or on which the establishment is operating. At the time the establishment is summarily closed, the Superintendent shall also post a sign at the establishment notifying the public of the penalty which shall attach, as set forth in subsections (m) and (n), if the summary closure order is violated or if any posted notice or means used to effect the closure is removed without authorization.
   (e)   Probable cause hearing. Within three business days after notice is posted under subsection (d), the licensee/owner of the establishment may request a probable cause hearing before the Commissioner to determine whether a public safety threat occurred at such establishment. Such request shall be in writing. Within three business days of receipt of a written request for a probable cause hearing, the Commissioner shall commence such hearing to determine whether a public safety threat occurred. The decision and order of the Commissioner shall be announced no later than two business days after the probable cause hearing is completed. If, after a probable cause hearing, the Commissioner determines, by a preponderance of the evidence, that a public safety threat did occur, the Commissioner shall enter an order authorizing continued closure of the establishment during the interim period prior to expiration of the aggregate six month period. If, after the probable cause hearing, the Commissioner determines, by a preponderance of the evidence, that a public safety threat did not occur, the Commissioner shall enter an order lifting the summary closure order and business operations at the establishment shall be allowed to resume during the interim period prior to expiration of the aggregate six month period. If, after notice is given to the licensee/owner in accordance with subsection (d), the licensee/owner fails to request a probable cause hearing in a timely manner, or requests a probable cause hearing but fails to appear at the hearing, the Commissioner shall enter a default order in favor of the City authorizing continued closure of the establishment during the interim period prior to expiration of the aggregate six month period. Upon entry of any order under this subsection, the Commissioner shall so notify the Superintendent, who shall take appropriate steps to effect the Commissioner's order without delay.
   (f)   Nuisance abatement hearing. At any time during the interim period prior to expiration of the aggregate six month period, the licensee/owner may seek to have the summary closure order lifted by the Commissioner by: (1) requesting, in writing, a nuisance abatement hearing under this subsection, and (2) showing, at such hearing, that there is reasonable cause to believe that continued operation of the establishment no longer presents a danger to the public, as may be evidenced by the submission and implementation of an acceptable nuisance abatement plan. At such hearing, the licensee/owner may also contest whether a public safety threat occurred at the establishment unless it was previously determined at a probable cause hearing that such public safety threat did occur.
   Within five business days of receipt of a written request for a nuisance abatement hearing, the Commissioner shall commence such hearing. The decision and order of the Commissioner shall be announced no later than three business days after the nuisance abatement hearing is completed. If, after the nuisance abatement hearing, the Commissioner determines, by a preponderance of the evidence, that a public safety threat did occur and that continued operation of the establishment presents a danger to the public, the Commissioner shall enter an order authorizing continued closure of the establishment during the interim period prior to expiration of the aggregate six month period. If, after the nuisance abatement hearing, the Commissioner determines, by a preponderance of the evidence, that a public safety threat did not occur or that continued operation of the establishment no longer presents a danger to the public, as may be evidenced by the submission and implementation of an acceptable nuisance abatement plan, the Commissioner shall enter an order lifting the summary closure order, in which case the establishment shall be allowed to reopen prior to expiration of the aggregate six month period.
   If, at any time after an acceptable nuisance abatement plan is implemented at the establishment governed by such plan, the licensee/owner fails to comply with the plan or any part thereof or another violent offense occurs at the establishment, the Superintendent may reinstate the summary closure order in accordance with the notice and hearing requirements of this section. In such case, the establishment shall remain closed for an additional aggregate period of six months, as measured from the date that the City acquired knowledge of the licensee's noncompliance with the nuisance abatement plan or any part thereof or from the date of the occurrence of another violent offense, as applicable, unless: (i) it is determined at a probable cause hearing or nuisance abatement hearing that the licensee/owner was in full compliance with the nuisance abatement plan and all parts thereof or that another violent offense did not occur at the establishment, as applicable; or (ii) it is determined at a nuisance abatement hearing that continued operation of the establishment does not present a danger to the public, as may be evidenced by the submission of a modified nuisance abatement plan, approved by the Commissioner and implemented by the owner/license, containing new or additional reasonable and warranted measures capable of abating a nuisance under this section.
   (g)   Evidentiary standard. At any hearing conducted under this section, any evidence on which a reasonably prudent person would rely may be considered without regard to the formal or technical rules of evidence, and the Commissioner may rely upon written official reports, affidavits and other business records submitted by police officers or other authorized City officials or City employees to determine whether a public safety threat occurred. Provided, however, that only evidence reasonably necessary to demonstrate the existence or absence of elements which must be considered when determining whether a public safety threat occurred shall be heard.
   (h)   Cost recovery authorized. An amount equal to three times the cost or expense incurred by the city in abating a public safety threat under this section may be recovered by the city in an appropriate action instituted by the Corporation Counsel.
   (i)   Right of review. Any order of the Commissioner issued under this section may be appealed to a court of competent jurisdiction or as otherwise provided by law.
   (j)   Stay pending review. No summary closure order issued by the Superintendent under subsection (c), or order of closure issued by the Commissioner under subsections (e) or (f), shall be considered to a be a suspension or revocation of a liquor license subject to review by the License Appeal Commission under the Liquor Control Act of 1934. Nor shall any such order be subject to the automatic stay provision set forth in Section 7-9 of the Liquor Control Act of 1934.
   (k)   Construction of section. Nothing in this section shall be construed to: (1) prohibit the Commissioner from taking disciplinary action under Section 4-4-280 or any other applicable section of this Code against a licensee for any violation of this section or of this Code; or (2) effect the status of any ongoing City prosecution or other action involving such licensee or establishment, including, but not limited to, any ongoing license suspension or revocation hearing under this Code; or (3) prevent the Superintendent from closing any establishment for purposes of conducting an investigation of a crime scene or for any other reason authorized by law; or (4) prevent the arrest and prosecution of any person, pursuant to Section 4-4-010 or other applicable section of this Code, for operating a business or occupation without a license; or (5) prevent the arrest and prosecution of any person, pursuant to Section 4-4-015 or other applicable section of this Code, for operating a business or occupation in violation of any closure order; or (6) constitute an act of possession, ownership or control by the City over the closed premises; or (7) deny common law right to anyone to abate a nuisance.
   (l)   Manner of enforcement. The Superintendent is authorized to use appropriate means to effect the summary closure of an establishment. The summary closure authorized by this section shall not be executed in a manner that prevents legally required ingress to or egress from the residential occupancy portion of a building. Access to the closed establishment by the licensee/owner and other persons able to prove an interest in the establishment may be permitted for the purposes of maintaining the establishment in safe and code-compliant condition, correcting code violations, removing items from the closed establishment and any other purpose authorized in accordance with rules and regulations promulgated by the Superintendent. Entry to the closed establishment by government inspectors and investigators acting within the scope of their employment shall be permitted. No means used to close an establishment pursuant to this section shall be removed by the Superintendent unless the Commissioner or a court of competent jurisdiction orders the removal of such means. For purposes of this section, any period of time during which the means used to close an establishment are temporarily removed pursuant to a court order shall not be included in the calculation of the required closure period.
   (m)   Prohibition on conducting business. It shall be unlawful for any person to conduct any business activity at, or to knowingly frequent, any establishment that has been summarily closed pursuant to this section. In addition to any other penalty provided by law, any person who violates this subsection shall be fined not less than $1,000.00 nor more than $10,000.00 for each offense, or incarcerated for a term of not less than three days nor more than six months, or both. Each day that a violation continues shall constitute a separate and distinct offense.
   (n)   Prohibition on tampering with means of closure. Except as authorized pursuant to subsection (1), it shall be unlawful for any person to damage, tamper with, destroy or remove, or to cause to be damaged, tampered with, destroyed or removed, any means of closure used to summarily close an establishment pursuant to subsection (1) or any notice of summary closure or closure sign affixed at such establishment pursuant to subsection (d).
   In addition to any other penalty provided by law, any person who violates this subsection shall be fined not less than $1,000.00 nor more than $10,000.00 for each offense, or incarcerated for a term of not less than three days nor more than six months, or both. Each day that a violation continues shall constitute a separate and distinct offense.
   (o)   Failure to comply with approved nuisance abatement plan. It shall be unlawful for any person to fail to comply with any nuisance abatement plan or part thereof approved or subsequently modified under subsection (f). In addition to any other penalty provided by law, which may include license suspension or revocation, any person who violates this subsection shall be fined not less than $1,000.00 nor more than $10,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 5-6-15, p. 108476, § 1; Amend Coun. J. 11-21-17, p. 61755, Art. VII, § 4)
4-4-289  Effect of revocation.
   (a)   Except as provided in subsection (e) of this section, any person whose license is revoked shall be ineligible for the issuance of any new license for the same business activity or its equivalent pursuant to Title 4 for a period of one year following the date that the revocation became effective.
   (b)   Except as provided in subsection (e) of this section, any person who has a substantial ownership or controlling interest in an entity whose license is revoked shall be ineligible for the issuance of any new license for the same business activity or its equivalent pursuant to this Title 4 for a period of one year following the date that the revocation became effective. This ineligibility shall also apply to the issuance of a new license for the same business activity to any other entity in which the disqualified person has a substantial ownership or controlling interest. As used in this section, “substantial ownership or controlling interest” means: (1) ownership of 25% or more of the entity, or, if the entity is a corporation, ownership of 25% or more voting shares of stock; or (2) holding a position as a principal officer or serving on the board of directors or as a manager of the entity.
   (c)   The parent, child, sibling, spouse or domestic partner of a person who is ineligible for the issuance of a license under subsection (a) or (b) of this section shall, during that period of ineligibility, be ineligible for the issuance of a new license under Title 4 for the same business activity or its equivalent at the same location as the licensed premises that were subject to the revocation causing the ineligibility under subsection (a) or (b).
   (d)   Whenever the licenses of a licensee holding multiple licenses for the same premises are revoked, the effects of such revocation under subsections (a), (b) and (c) shall apply to each revoked license.
   (e)   If any provision of Title 4 imposes a longer period of ineligibility for the issuance of any license, such longer period shall apply.
(Added Coun. J. 5-9-12, p. 27485, § 14)
4-4-290  Enforcement of license ordinances.
   It shall be the duty of the commissioner to examine or to cause to be examined all persons, books and records and places of business subject to license for the purpose of ascertaining whether such license(s) have been procured or whether the eligibility or other applicable requirements for licenses have been met. In case of the neglect or refusal of any person to procure a license as required by this Code, the commissioner shall have the authority, and it shall be the commissioner's duty, to take such action as the commissioner deems necessary to enforce said license requirement.
   The commissioner and all investigators and employees designated by the commissioner shall have full police powers to enforce the provisions of this chapter; and shall have the right to arrest or to cause to be arrested any person who violates any of the provisions of this Code; and shall have the right-of- entry, at reasonable times, to any place of business for which a license is required under this Code for the purpose of ascertaining compliance with the provisions of this Code.
   It shall be the duty of the head of the department or board charged with the enforcement of any regulatory provision of this Code to take such action as shall be necessary to compel compliance with said regulatory provision. Such department head or board shall call upon the department of police for aid in the enforcement of any regulatory provision of this Code, the enforcement of which is placed upon such department head or board, and it shall be the duty of the superintendent of police, when called upon by said department head or board, to perform such duties as may be required to enforce said regulatory provision.
   The superintendent of police and members of the police department shall also have (1) the authority to enforce the provisions of this Code pertaining to licensing; and (2) to examine all persons, books and records, or places of any business subject to licensing under this Code; and (3) the right-of-entry, at reasonable times, to any place of business for which a license is required under this Code for the purpose of ascertaining compliance with the applicable provisions of this Code.
   For purposes of this section, the term “at reasonable times” means (i) during normal business hours; (ii) during the hours of operation of the business; (iii) any time the business is found to be operating; or (iv) any time when a customer is in the business, including before or after the hours of operation of such business.
(Added Coun. J. 5-9-12, p. 27485, § 14)
4-4-295  Unlawful interference with enforcement.
   It shall be unlawful for any licensee to knowingly obstruct the commissioner or any department investigator in the performance of his or her respective duties, or to knowingly interfere with or impede the commissioner or any department investigator in enforcing the provisions of Title 4. Any person who violates this section shall be subject to a fine of not less than $2,000.00 nor more than $10,000.00, or imprisonment for a term not to exceed six months under the procedures set forth in Section 1-2-1.1 of the Illinois Municipal Code and in the Illinois Code of Criminal Procedure, or both, for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 5-9-12, p. 27485, § 14)
4-4-299  Trademark violations.
   All business licenses of a licensee under Title 4 shall be revoked if the licensee knowingly sells, offers for sale, exposes for sale, or acquires for purpose of sale, any item that (1) bears a false or counterfeit trademark, or (2) bears a genuine trademark that has been attached to the item without permission of the rightful holder of the trademark.
(Added Coun. J. 5-9-12, p. 27485, § 14)
4-4-300  Hazardous use units.
   If a license under Title 4 authorizes a person to engage in any business or to occupy or use any premises, structure or building for any purpose classified as a hazardous use unit under Chapter 13-112 of this Code or as a Group H occupancy under Section 14B-3-307 of this Code, the initial issuance of such license and every extension or renewal thereof shall require: (1) an inspection by, or caused by, the Fire Commissioner; and (2) the approval of the Fire Commissioner. If, as a result of such inspection, the Fire Commissioner determines that such hazardous use unit or Group H occupancy is in compliance with the requirements of this Code governing hazardous uses, the Fire Commissioner shall issue, or shall cause to be issued, a certificate of compliance and approval. Such certificate shall be subject to revocation for cause at any time by the Fire Commissioner. Upon notification of the revocation of such certificate, the Commissioner shall revoke any license conditioned upon said certificate. The provisions of this section shall be construed as remedial and retroactive as well as prospective.
(Added Coun. J. 5-9-12, p. 27485, § 14; Amend Coun. J. 5-18-16, p. 24131, § 4; Amend Coun. J. 11-21-17, p. 61755, Art. VII, § 5; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 16)
4-4-305 Inspections – Duties of licensee.
   If a licensed premises is required under this Code to be inspected by any city department, the licensee and all persons in charge or in control of the licensed premises shall have a duty to ensure that the licensed premises are open at all reasonable times or in the case of an emergency for inspection by the applicable city department.
(Added Coun. J. 5-9-12, p. 27485, § 14)
4-4-306  Illegal conduct on licensed premises – Cooperation with police.
   (a)   No licensee shall permit or allow any illegal activity on the licensed premises.
   (b)   It is the affirmative duty of a licensee to: (1) promptly report to the police department, via a telephone call to 9-1-1, all illegal activity reported to or observed by the licensee on or within sight of the licensed premises; (2) answer fully and truthfully all questions of an identified police officer who inquires or investigates concerning persons or events in or around the licensed business; (3) cooperate with the police in any such inquiry or investigation by giving oral or written statements to the police at reasonable times and locations in the course of any investigation; and (4) sign a complaint against any person if the licensee observes such person engaging in any illegal conduct or activity on or within sight of the licensed premises.
   (c)   For purposes of this section, the term “licensee” means the licensee, any controlling person and any employee or agent of the licensee.
(Added Coun. J. 5-9-12, p. 27485, § 14)
4-4-307  Fingerprinting.
   If an applicant or licensee is required to undergo a criminal background check as a condition to the issuance or renewal of a license under Title 4, such applicant or licensee shall submit to fingerprinting in accordance with rules and regulations duly promulgated by the commissioner.
(Added Coun. J. 5-9-12, p. 27485, § 14)
4-4-310  Public ways – Maintenance – Littering prohibited – Snow and ice removal.
   (a)   Except as otherwise provided in this Code, it shall be unlawful for any licensee to engage in any business on the public way or to use any part of a public way for or in connection with such licensee's business.
   (b)   It shall be unlawful for any licensee to litter or to permit the accumulation of any paper, rubbish or refuse upon that portion of the public way abutting the licensed premises.
   (c)   (1)   It shall be the duty of each licensee licensed under Title 4 to remove snow and ice, as provided in this section, from the sidewalk abutting the licensed premises and any sidewalk ramps intersecting such sidewalks, creating a clear path of at least five feet in width.
      (2)   Snow which falls or accumulates between the hours of seven a.m, and seven p.m. shall be removed as soon as practicable, but no later than ten p.m. of the same day. Snow which falls or accumulates overnight between the hours of seven p.m. and seven a.m. shall be removed as soon as practicable, but no later than ten a.m. of the same day.
      (3)   If snow on the sidewalk is frozen so hard that it cannot be removed without damage to the pavement, the licensee shall, within the time specified for removing the snow, strew, or cause to be strewn, the sidewalk with sand, abrasive material or other products made for the purpose of mitigating slipping hazards and preventing the accumulation of ice, and shall, as soon thereafter as the weather shall permit, thoroughly clean the sidewalk.
      (4)   Any licensee, whether individually or in cooperation with other persons or community groups, who removes snow or ice from the public sidewalk or street shall not, as a result of his acts or omissions in such removal, be liable for civil damages. Provided, however, that this subsection (c)(4) shall not apply to any person who violates Section 8-4-120 of this Code, or to acts or omissions amounting to wilful or wanton misconduct in removing such snow or ice.
   (d)   Upon the issuance or renewal of any license issued under Title 4, the commissioner shall provide the applicant or licensee, as applicable, with information about the provisions of this Code regarding the applicant's or licensee's responsibility for maintaining the public way abutting each business.
(Added Coun. J. 5-9-12, p. 27485, § 14; Amend Coun. J. 10-28-15, p. 11951, Art. VII, § 1)
4-4-312  Businesses – Chronic illegal activities premises.
   The commissioner shall deny an application for a license when the premises identified in the application was found to be a chronic illegal activities premises under Section 8-4-087 within a three-year period prior to the date of the application: provided that the commissioner may approve the application if the applicant agrees to enter into and comply with a plan of corrective action, subjected to the approval of the commissioner, that will abate the conditions that gave rise to the finding of a chronic illegal activities premises. The plan may include conditions upon the licensee's operation of the premises, including, but not limited to: providing security personnel, restricted hours of operation, providing outdoor lighting, the display of signs, providing trash pickup services or any other reasonable restrictions on the licensee's business practices.
   Any licensee who fails to comply with all requirements of the approved plan of corrective action shall be fined not less than $200.00 nor more than $1,000.00 or have his license suspended or revoked for the first violation. For any subsequent violation, the license shall be revoked. Each day that such violation exists shall constitute a separate and distinct offense.
(Added Coun. J. 12-10-14, p. 100450, § 1)
4-4-313  Businesses that are or cause a nuisance.
   (a)   A license may be suspended or revoked if a licensee's business is or creates a nuisance. A licensed business is or creates a nuisance if: (i) within any consecutive 12 months, not less than three separate incidents occur on the licensed premises, on or in the licensed premises' parking facility, or on adjacent property, involving illegal acts; or (ii) the licensee has failed to take reasonable steps to correct objectionable conditions existing or occurring on the licensed premises, on or in the licensed premises' parking facility, or on adjacent property while the licensed premises is open for business or within one hour of the time the establishment is opened or closed for business. The licenses of any business that is or creates a nuisance under clause (i) of this subsection (a) shall be subject to suspension or revocation pursuant to Section 4-4-280. The licenses of any business that is or creates a nuisance under clause (ii) of this subsection (a) shall be subject to suspension or revocation pursuant to the procedures set forth in subsection (b) of this section.
   (b)   (1)   A group of five or more people who reside within 500 feet of a licensed premises, measured from the nearest exterior walls of each applicable building, may file with the commissioner a complaint that a licensee's business is a public nuisance because the licensee has failed to take reasonable steps to correct objectionable conditions existing on the licensed premises, on or in the licensed premises' parking facility or on adjacent property. The commissioner may notify the licensee to appear before the commissioner, in the presence of the complaining persons when the commissioner considers such presence appropriate, to define, discuss and seek resolution of problems giving rise to the complaint. The commissioner may also order subsequent meetings to review progress toward resolution of the problems. A meeting may also be convened at the request of the commissioner or the alderman of the ward in which the licensed premises is located.
   Notice of any meeting scheduled pursuant to this subsection shall be sent to the alderman of the ward in which the licensed premises is located.
   The failure of a licensee to appear in response to a notice, or to attend subsequent meetings as ordered by the commissioner, shall be grounds for the imposition of a fine or the suspension or revocation of a license. The progress made in resolving the problems identified in the complaint and meeting process shall be considered in any proceeding to suspend or revoke a license under this section.
      (2)   After the commissioner determines that the complaint and meeting process has been completed or the licensee has failed to submit a plan of corrective action pursuant to subsection (d), the commissioner may institute a hearing based upon his reasonable belief that the operation of the business is a public nuisance. Notice of a hearing scheduled under this section shall be given to the alderman of the ward in which the licensed premises is located. At the conclusion of the hearing, if the commissioner determines by a preponderance of the evidence that the operation of the licensee's business is a public nuisance because the licensee has failed to take reasonable steps to correct objectionable conditions occurring on the licensed premises or adjacent property, the commissioner shall enter an order suspending or revoking the applicable license.
   When determining what constitutes reasonable steps, the commissioner shall consider site configuration constraints and other factors related to any unique circumstances or the nature of the business, as well as the frequency of complaints of objectionable conditions and the manner in which the licensee has sought to address such conditions.
   “Reasonable steps” include, but are not limited to, the following:
      (A)   Calling the police department. Timely calls to the police department via 911 that are placed by the licensee, or his agents or employees, shall not, in and of themselves, be construed by the commissioner as evidence of objectionable conditions that constitute a nuisance.
      (B)   Directing those persons engaging in activities causing objectionable conditions to cease those activities, unless the licensee, or his agents or employees, reasonably believe that their personal safety would be threatened if such direction was given. Directions of this nature may be provided orally or in writing.
      (C)   Making good-faith efforts to remove items that facilitate loitering, such as furniture.
      (D)   Attending CAPS meetings, beat meetings or other similar city-sponsored informational meetings or educational events designed to alert the licensee and his employees to problems related to the operation of the business and to promote remediation of such objectionable conditions.
   (c)   As part of an order of suspension issued by the commissioner, the commissioner may impose conditions upon the future operation of the licensed business that are useful or necessary to mitigate the public nuisance, including, but not limited to: providing security personnel, restricted hours of operation, providing outdoor lighting, the display of signs, providing trash pickup services or any other reasonable restrictions on business practices until the commissioner concludes that the conditions which gave rise to the public nuisance are abated.
   (d)   (1)   Notwithstanding subsection (b), at any time prior to the initiation of proceedings to revoke or suspend a license under this section, if the commissioner determines that a business meets the criteria for a public nuisance under subsection (a), the commissioner may notify the licensee of his determination. Upon such notification, the commissioner may request the licensee to submit a plan of corrective action that provides reasonable assurance that the operation of the business will not cause, or continue to cause, a public nuisance. Subject to the approval by the commissioner, the plan may include conditions upon the licensee's operation of the premises that are useful or necessary to mitigate the public nuisance, including, but not limited to: providing security personnel, restricted hours of operation, providing outdoor lighting, the display of signs, providing trash pickup services or any other reasonable restrictions on business practices.
      (2)   Any licensee who fails to comply with all requirements of the approved plan of corrective action shall be fined not less than $200.00 nor more than $1,000.00, or have his license suspended or revoked for the first violation. For any subsequent violation, the license shall be revoked. Each day that such violation exists shall constitute a separate and distinct offense.
      (3)   If the licensee does not submit a plan of corrective action after a request by the commissioner, the commissioner may institute a hearing in compliance with subsection (b)(2).
      (4)   The commissioner shall not approve any plan of corrective action after the initiation of proceedings to revoke or suspend a license, unless the commissioner determines that it would be in the best interest of the city to approve such a plan.
   (e)   The commissioner shall deny an application for a license when the premises identified in the application was subject to a license suspension, revocation or a plan of corrective action pursuant to this section or Section 4-4-312 within the three-year period prior to the date of the application; provided that the commissioner may approve an application if the applicant agrees to enter into and comply with the plan of action approved by the commissioner to abate any of the conditions which gave rise to undertaking a plan of corrective action, or the finding of a violation of this section; provided further for any premises which is ineligible for a license due to a license being revoked for cause at that location, no license shall be issued during of the term ineligibility provided in the code.
   (f)   In a proceeding to suspend or revoke the license of a business that is or creates a nuisance under subsection (a) of this section:
      (1)   it shall not be a defense that the licensee or the licensee's employees or agents were not personally involved in the commission of the illegal acts or directly responsible for the objectionable conditions except as provided otherwise in paragraph (2) of this subsection;
      (2)   for purposes of determining whether three or more illegal acts occurred during a 12-month period, illegal acts occurring on the public way shall be limited to acts of the licensee, its employees, agents or patrons or otherwise involving circumstances having a nexus to the operation of the business;
      (3)   the illegal acts or objectionable conditions must occur or exist while the licensed premises is open for business or within one hour of the time the establishment is opened or closed for business; and
      (4)   any evidence on which a reasonably prudent person would rely may be considered without regard to the formal or technical rules of evidence, and the commissioner may rely upon police reports, official written reports, affidavits and business records submitted by authorized city officials or employees charged with inspection or enforcement responsibilities to determine whether such illegal acts or objectionable conditions occurred. If during any 12-month period three separate incidents of illegal acts occur on the licensed premises, on or in the licensed premises' parking facility, or on adjacent property, a rebuttable presumption shall exist that the licensed business is or creates a nuisance in violation of this section.
   (g)   A licensee may offer evidence of mitigating factors in any license disciplinary hearing where it is alleged that the licensed business is or creates a nuisance based upon the occurrence of three or more illegal acts in any 12-month period. Mitigating factors may include evidence of the licensee's reasonable efforts to deter or discourage illegal acts from occurring on the licensed premises or adjacent property such as: the use of strategically placed recording cameras, employment of trained security personnel, and a practice of promptly notifying the police when illegal activity occurs or appears imminent and cooperating with police investigations. When reviewing any evidence of mitigating factors, the commissioner may consider factors related to the unique circumstances of the nature of the business as well as the relative frequency of the occurrence of illegal acts in the surrounding community.
   (h)   For purposes of this section:
      (1)   “Adjacent property” means:
         (A)   any private property that is owned, leased, or rented by the licensee, or used by its patrons, and that is located next to the business premises;
         (B)   any public way located next to the business premises; or
         (C)   any private property which is owned, leased, or rented by the licensee, or used by its patrons with the knowledge or permission of the licensee, and that is: (i) used in connection with the operation of the business; and (ii) located within 500 feet of the licensed premises.
      (2)   “Illegal acts” means any conduct or activity that violates any federal or state law defining a felony, or any federal or state law or municipal ordinance regulating narcotics, controlled substances or weapons.
      (3)   “Objectionable conditions” include, but are not limited to, disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, or excessive loud noise.
(Added Coun. J. 5-9-12, p. 27485, § 14; Amend Coun. J. 11-8-12, p. 38872, § 45; Amend Coun. J. 12-10-14, p. 100450, § 1)
4-4-314  Restrictions on display of merchandise.
   (a)   Except as otherwise provided in this Code, it shall be unlawful for any person licensed to engage in any business under Title 4 to store, place, display or affix any ware, goods or merchandise on the exterior or outside of the licensed premises unless the licensed business is set back at least (10) feet from the public way or the property is fenced or otherwise screened in. If the licensed business is fenced, the fence must remain free and clear of all items.
   (b)   Nothing in this section shall prohibit the placement of signs which are otherwise authorized by this Code.
   (c)   Nothing in this section shall prohibit a business licensed in conformity with the requirements of Title 4 from holding a sidewalk sale, special event, promotion or street fair, if such sidewalk sale, special event, promotion or street fair is properly permitted.
   (d)   Any person who violates any provision of this section or any rule or regulation promulgated thereunder shall be subject to the fine set forth in Section 4-4-350. In addition, any person who violates any provision of this section or any rule or regulation promulgated thereunder or any combination thereof at least 3 times in any 12-month period shall be subject to license suspension or revocation or both. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 5-9-12, p. 27485, § 14; Amend Coun. J. 6-6-12, p. 28356, § 1A)
4-4-320  License denial, revocation or suspension for certain offenses.
   (a)   The commissioner, for good and sufficient cause, may deny an application for any license issued under this Title 4 if:
      (1)   during the 5-year period prior to the date of the application, the applicant admitted guilt or liability or was found guilty or liable in judicial or administrative proceedings of committing or attempting to commit a willful violation, or two or more violations which do not include a willful violation, of the Illinois Wage Payment and Collection Act, 820 ILCS 115/1, or any other federal or state law regulating the payment of wages;
      (2)   during the 5-year period prior to the date of the application, the applicant admitted guilt or liability or was found guilty or liable in a judicial or administrative proceeding of committing or attempting to commit a violation of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, or the Collection Agency Act, 225 ILCS 425/1, or any other federal or state law regulating the collection of debt;
      (3)   during the 24-month period prior to the date of the application, the applicant admitted guilt or liability or was found guilty or liable in judicial or administrative proceedings of committing three or more violations of Chapter 1-24 of this Code; or
      (4)   during the 5-year period prior to the date of the application, one or more determinations of disqualification from participation in the federal Supplemental Nutrition Assistance Program (SNAP) was imposed upon the applicant, where such determination or determinations imposed the sanction of permanent disqualification or disqualification for an aggregate of at least 12 months, whether consecutive or nonconsecutive.
   (b)   The commissioner, for good and sufficient cause, may revoke or suspend a license issued under this Title 4 if:
      (1)   during the previous 5-year period, the licensee admitted guilt or liability or was found guilty or liable in judicial or administrative proceedings of committing or attempting to commit, as applicable, the designated number of violations of the laws set forth in subsections 4-4-320(a)(1), (a)(2), and (a)(3); or
      (2)   during the previous 5-year period, one or more determinations of disqualification from participation in the federal Supplemental Nutrition Assistance Program (SNAP) was imposed upon the licensee, where such determination or determinations imposed the sanction of permanent disqualification or disqualification for an aggregate of least 12 months, whether consecutive or nonconsecutive.
   (c)   Subsections 4-4-320(a)(1), (a)(2), (a)(3), and (b)(1) shall not apply to any applicant or licensee where one or more of the designated number of pertinent administrative adjudications or judicial judgments or convictions was entered prior to June 1, 2013.
   (d)   The procedure for the revocation or suspension of a license shall be as set forth in Section 4-4-280. The procedure for the denial of an application for a license shall be as set forth in Section 4-4-060.
   (e)   The grounds provided in this section for denial of a license application, and for revocation or suspension of a license, shall render ineligible not only the applicant or licensee, as applicable, but also the parent, child, sibling, spouse, or domestic partner of such applicant or licensee, and any other corporation or legal entity in which the applicant or licensee has a substantial ownership or controlling interest. If the applicant or licensee is a corporation or other legal entity, the grounds provided in this section for denial of a license application, and revocation or suspension of a license, shall also render ineligible any person who has a substantial ownership or controlling interest in that entity. As used in this subsection, "substantial ownership or controlling interest" means ownership of 25% or more of the entity, or, if the entity is a corporation, ownership of 25% or more voting shares of stock, or occupation as a principal officer, member of the board of directors, or manager of the entity.
(Added Coun. J. 1-17-13, p. 45324, § 1; Amend Coun. J. 12-2-14, p. 99000, § 6; Amend Coun. J. 12-9-15, p. 15481, § 2)
4-4-322  License or registration – Suspension or revocation by building commissioner.
   The Commissioner of Buildings may suspend or revoke the license, registration or certification of any person licensed, registered or certified under this Chapter who is engaged in the business of providing construction services relating to heat, ventilation, air conditioning or refrigeration systems in accordance with Section 14A-3-305 of this Code.
(Added Coun. J. 2-22-17, p. 43876, § 4; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 17)
4-4-332  Bed bugs.
   (a)   It is the responsibility of every licensee under this Title 4 to provide pest control services when an infestation of bed bugs is found or suspected on any licensed premises. Every licensee shall maintain a written record of the pest control measures performed by the pest management professional and shall include reports and receipts prepared by the pest management professional relating to those measures taken. The record shall be maintained for three years and shall be open to inspection by the departments of health, buildings, and business affairs and consumer protection.
   (b)   It shall be unlawful for any licensee under this Title 4 which provides sleeping accommodations for hire or rent for transient occupancy by guests to rent, hire, or otherwise provide, any such sleeping accommodation in which an infestation of any bed bugs is found or suspected, unless an inspection by the pest management professional has determined that no evidence of bed bugs can be found and verified.
   (c)   For purposes of this section, the following definitions apply:
      “Pest management professional” has the same meaning ascribed to that term in Section 7-28-810.
      “Transient occupancy” means any occupancy on a daily or nightly basis, or any part thereof, for 30 or fewer consecutive days.
(Added Coun. J. 6-5-13, p. 55787, § 2)
Editor's note – Per Coun. J. 6-5-13, p. 55787, § 6, § 4-4-332 becomes effective on 12-2-13.
4-4-333  Synthetic marijuana.
   (a)   As used in this section: “Synthetic marijuana” means any product, whether described as tobacco, potpourri, herbs, incense, spice, aromatic or any combination thereof, and whether marketed for the purpose of being smoked or otherwise marketed, which includes one or more of the following hallucinogenic substances:
      (1)   1-Pentyl-3-(1-naphthoyl) indole; some trade or other names: JWH-018; or
      (2)   1-Butyl-3-(1-naphthoyl) indole; some trade or other names: JWH-073; or
      (3)   1-[2-(4-morpholinyl) ethyl]-3-(1-napthoyl indole; some trade or other names: JWH-200; or
      (4)   5-(1, 1-dimethylheptyl)-2-[(1R,3S)-3-hy- droxycyclohexyl]-phenol; some trade or other names: CP-47,497; or
      (5)   5-H 1-dimethyloctyl)-2-[(IR,3S)-3-hy- droxycyclohexyl]-phenol; some trade other names: cannabicyclohexanol; CP-47,497 C8 homologue; or
      (6)   any other non-prescription substance that has a chemical structure and/or pharmacological effect substantially similar to the active ingredient of marijuana, or tetrahydrocannabinol (THC).
   (b)   No licensee under this Code or his agent or employee shall possess, sell, offer for sale, give away, barter, exchange, or otherwise furnish on the licensed premises any synthetic marijuana in the City of Chicago, or engage in an act of concealment of synthetic marijuana on the licensed premises.
   As used in this subsection (b):
   “Concealment” means to deliberately hide to prevent or evade discovery.
   “Licensed premises” means the premises or location licensed or required to be licensed under this Code. The term “licensed premises” includes (1) the building where the licensed premises is located; (2) all grounds, areas and facilities on, in or immediately adjacent to the licensed premises used by, or held out for use by, the licensee or his agent or employee, including, but not limited to, the licensed premises' parking facility; and (3) all vehicles used by the licensee or his agent or employee to conduct the activity licensed or required to be licensed under this chapter.
   (c)   Except as otherwise provided in this Code, any person who violates any of the requirements of this section or any rule or regulation promulgated thereunder shall be fined not less than $2,000.00 nor more than $5,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.
   (d)   Any violation of this section or any rule or regulation promulgated thereunder may result in license suspension or revocation in accordance with the requirements of Section 4-4-280.
(Added Coun. J. 5-9-12, p. 27485, § 14; Amend Coun. J. 11-8-12, p. 38872, § 46; Amend Coun. J. 7-30-14, p. 85717, § 1)
§ 4-4-334  Synthetic stimulants.
   (a)   As used in this section: “Synthetic stimulant” means any product, whether labeled as bath salts, novelty collector's items, plant food or otherwise labeled, and whether marketed for the purpose of being smoked, sniffed, snorted, injected, ingested or otherwise marketed, which includes one or more of the following substances:
      (1)   3,4-Methylenedioxymethcathinone; some trade or other names: Methylone; or
      (2)   3,4-Methyenedioxypyrovalerone; some trade or other names: MDVP; or
      (3)   4-Methylmethcathinone; some trade or other names: Mephedrone; or
      (4)   4-Methoxymethcathinone; or
      (5)   4-Fluoromethcathinone; or
      (6)   3-Fluoromethcathinone; or
      (7)   any other non-prescription substance that has a chemical structure and/or pharmocological effect substantially similar to amphetamine, cathinone, cocaine, MDEA, MDMA (ecstasy), methcathinone or methamphetamine.
   (b)   No licensee under this Code or his agent or employee shall possess, sell, offer for sale, give away, barter, exchange or otherwise furnish on the licensed premises any synthetic stimulant in the City of Chicago, or engage in an act of concealment of any synthetic stimulant on the licensed premises.
   As used in this subsection (b):
   “Concealment” means to deliberately hide to prevent or evade discovery.
   “Licensed premises” means the premises or location licensed or required to be licensed under this Code. The term “licensed premises” includes (1) the building where the licensed premises is located; (2) all grounds, areas and facilities on, in or immediately adjacent to the licensed premises used by, or held out for use by, the licensee or his agent or employee, including, but not limited to, the licensed premises' parking facility; and (3) all vehicles used by the licensee or his agent or employee to conduct the activity licensed or required to be licensed under this chapter.
      (c)   Except as otherwise provided in this Code, any person who violates any of the requirements of this section or any regulation promulgated thereunder shall be fined not less than $2,000.00 nor more than $5,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.
      (d)   Any violation of this section or any regulation promulgated thereunder may result in license suspension or revocation in accordance with the requirements of Section 4-4-280.
(Added Coun. J. 5-9-12, p. 27485, § 14; Amend Coun. J. 11-8-12, p. 38872, § 47; Amend Coun. J. 7-30-14, p. 85717, § 2)