CHAPTER 4-6
REGULATED BUSINESS LICENSE
Article I.  General Provisions
4-6-010   Regulated business license.
Article II.  Health Club
4-6-020   Health club licenses.
Article III.  Clothing Alteration
4-6-030   Clothing alteration.
Article IV.  Laundry Service
4-6-040   Laundry service.
Article V.  Residential Real Estate Developer
4-6-050   Residential real estate developer.
Article VI.  Tattooing, Body Piercing and Tanning Facility
4-6-060   Tattooing, body piercing and tanning facilities.
Article VII.  Day Labor Agency
4-6-070   Day labor agency.
Article VIII.  Adult Family Care Center
4-6-080   Adult family care center.
Article IX.  Assisted Living Establishment
4-6-090   Assisted living establishment.
Article X.  Long-Term Care Facility
4-6-100   Long-term care facility.
Article XI.  Adult Family Care Home
4-6-110   Adult family care home.
Article XII.  Automatic Amusement Operator
4-6-120   Automatic amusement operator.
Article XIII.  Private Scavenger
4-6-130   Private scavenger.
Article XIV.  Secondhand Dealer in Children's Clothing and Children's Products
4-6-140   Secondhand dealer exclusively in children's clothing and children's products.
Article XV.  Junk Peddler
4-6-150   Junk peddlers.
Article XVI.  Debt Collectors
4-6-160   Debt collectors.
Article XVII.  Hospital
4-6-170   Hospitals.
Article XVIII.  Hotel
4-6-180   Hotel.
Article XIX.  Board-Up Company
4-6-190   Board-up company.
Article XX.  Dry Cleaner.
4-6-200   Dry cleaner.
Article XXI.  Hazardous Materials
4-6-210   Hazardous materials.
Article XXII.  Single-Room Occupancy Building
4-6-220   Single-room occupancy building.
Article XXIII.  Booting of Motor Vehicles
4-6-230   Booting of motor vehicles.
Article XXIV.  Immigration Assistance
4-6-240   Immigration assistance.
Article XXV.  Expediter Company
4-6-250   Expediter company.
Article XXVI.  Expediter/Natural Person
4-6-260   Expediter/natural person.
Article XXVII.  Home Occupations
4-6-270   Home occupations.
Article XXVIII.  Home Repair
4-6-280   Home repair.
Article XXIX.  Bed-and-Breakfast Establishment
4-6-290   Bed-and-breakfast establishment.
Article XXX.  Vacation Rentals
4-6-300   Vacation rentals.
Article XXXI.  Pharmaceutical Representatives
4-6-310   Pharmaceutical representatives.
Article XXXII.  Massage Establishments and Massage Services
4-6-320   Massage establishments and massage services.
ARTICLE I.  GENERAL PROVISIONS (4-6-010 et seq.)
4-6-010  Regulated business license.
   (a)   A regulated business license shall be required for the business activities set forth in this chapter. A separate license shall be required for each separate business location.
   (b)   The terms defined in Section 4-4-005, as well as the general licensing provisions set forth in Chapter 4-4 shall apply to all Chapter 4-6 licenses.
   (c)   Business activities requiring a regulated business license under this chapter shall include the following: (1) health club; (2) clothing alteration; (3) laundry service; (4) residential real estate developer; (5) tattooing, body piercing or tanning facility; (6) day labor agency; (7) adult family care center; (8) assisted living establishment; (9) long-term care facility; (10) adult family care home; (11) automatic amusement operator; (12) private scavenger; (13) secondhand dealer in children's clothing and children's products only; (14) junk peddler; (15) debt collectors; (16) hospital; (17) hotel; (18) board-up company; (19) dry cleaner; (20) hazardous materials; (21) single-room occupancy buildings; (22) booting of motor vehicles; (23) immigration assistance; (24) expediter company: (25) expediter/natural person; (26) home occupation; (27) home repair; (28) bed-and-breakfast establishment; (29) vacation rentals;(30) pharmaceutical representatives; and (31) massage establishments and massage services.
(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 11-8-12, p. 38872, § 50; Amend Coun. J. 1-17-13, p. 45326, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. VII, § 2; Amend Coun. J. 6-28-17, p. 51336, § 1)
ARTICLE II.  HEALTH CLUB (4-6-020 et seq.)
4-6-020  Health club licenses.
   No regulated business license shall be issued for any health club, fitness center or exercise club, unless the health club, fitness center or exercise club provides proof that (1) either through ownership, or by a contractual relationship with a third party, the applicant has available off-street parking within 500 feet of the licensed premises in an amount equal to ten percent of the capacity of the licensed premises; or (2) the patrons of the applicant have access to parking in an accessory garage located on the same zoning lot as the premises of the applicant in an amount equal to ten percent of the capacity of the licensed premises. This section shall not apply to any premises occupied by a licensed health club, fitness center or exercise club on July 8, 2000 until such time that the premises ceases to be used as a health club, fitness center or exercise club, or to any health club, fitness center or exercise club located in the central business district, as defined in Section 9-4-010 of this Code.
(Added Coun. J. 5-9-12, p. 27485, § 16)
ARTICLE III.  CLOTHING ALTERATION (4-6-030 et seq.)
4-6-030  Clothing alteration.
   (a)   Definitions. As used in this section:
   “Clothing alteration” means any person who, for compensation, creates, repairs or alters clothing.
   (b)   Legal duties. Each licensee engaged in the business of clothing alteration shall have a duty to:
      (1)   prominently display a list of its services and the respective current selling price of each listed service;
      (2)   charge customers the price indicated on the list of services required under subsection (b)(1) of this section. Provided, however, that a price higher than the price indicated on such list of services may be charged if the amount of the difference and the reasons for the difference are disclosed to the customer prior to performing the requested clothing alteration.
(Added Coun. J. 5-9-12, p. 27485, § 16)
ARTICLE IV.  LAUNDRY SERVICE (4-6-040 et seq.)
4-6-040  Laundry service.
   (a)   Definitions. As used in this chapter:
   “Coin-operated, self-service laundry” means any establishment where washing machine units are available for use by the general public upon depositing a coin into such unit or paying a fee for the use of such unit to the operator of the establishment or such operator's agent.
   “Laundry service” or “laundry” or “laundered” or “laundering” means any place where, for consideration of any type, wearing apparel, household linens, curtains, draperies or other items of fabric are cleaned, dried, starched or pressed (1) for the general public; or (2) for rental to patrons or customers of a business that rents such items; or (3) commercially or privately in connection with any hotel, restaurant or public institution; or (4) in a coin-operated, self-service laundry as defined herein. The term “laundry service” does not include (i) any hospital or charitable organization where no charge is made for the provision of laundry service(s); (ii) any person who does custom laundry work at home for a regular trade; or (iii) any room or portion thereof located in a residential building in which domestic laundry work is done by or for the occupants of such building exclusively.
   “Laundry vehicle” means any wagon, automobile or other vehicle used to collect or deposit laundry within the City.
   (b)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, a renewal of, a regulated business license to engage in the business of laundry service shall be accompanied by the following information:
      (1)   whether the laundry or any portion thereof is a coin-operated, self-service laundry, and if so, the intended hours of operation.
   (c)   Legal duties. Each licensee engaged in the business of laundry service shall have a duty to:
      (1)   keep every room or place used as a laundry or as a place to store laundered or unlaundered fabrics, and all floors, walls, ceilings, windows, woodwork, machinery, utensils and fixtures in such room or place (i) in good repair; (ii) in clean and sanitary condition; (iii) free from rats, mice and vermin; and (iv) free of all matter of an infectious or contagious nature;
      (2)   keep all laundry vehicles in a clean and sanitary condition;
      (3)   properly equip all laundry vehicles with (i) a means to separate laundered from unlaundered clothing or fabrics; and (ii) separate containers for any clothing, bedding, linen or other fabric taken from places that are under quarantine or where persons are convalescing after a disease;
      (4)   indicate on each side of any laundry vehicle, in plain and legible letters measuring at least one-and-one-half inches high, the name of the laundry that will launder the fabric contained in the laundry vehicle;
      (5)   keep and maintain on file, for a period of not less than three years, all written materials used to document the quantity of each hazardous chemical present at the laundry, if such chemical is present at the laundry in an amount that exceeds the threshold level for reporting as established by regulations promulgated under Title III of the Superfund Amendments and Reauthorization Act of 1986, codified at 42 U.S.C. 11001, et seq. In addition to any other penalty provided by law, a single violation of this subsection may result in license suspension or revocation in accordance with the requirements of Section 4-4-280 of this Code;
      (6)   upon request, make the records required under subsection (c)(5) of this section available for inspection, during regular business hours or in case of emergency, by any city official charged with responsibility for enforcing this chapter.
   (d)   Additional duties – Coin-operated self-service laundry. In addition to the duties set forth in subsection (c) of this section, the licensee of any coin-operated, self-service laundry shall have a duty to:
      (1)   ensure that at least one attendant is physically present on the licensed premises between the hours of 6:00 p.m. and 6:00 a.m., if and while the licensed premises is open for business during such hours or any portion thereof;
      (2)   if the coin-operated, self-service laundry is open for business between the hours of 11:30 p.m. and 6:00 a.m., (i) install and maintain a time-lapse video surveillance system to monitor the licensed premises during such hours, and (ii) retain on the licensed premises the video surveillance footage for a period of at least 30 days;
      (3)   if the coin-operated, self-service laundry is open for business between the hours of 11:30 p.m. and 6:00 a.m., not place, operate or maintain any automatic amusement device on the licensed premises;
      (4)   post a sign on the licensed premises alerting patrons to the fact that it is a violation of subsection (h) of this section for any person, other than employees and necessary maintenance personnel, to be or remain on the licensed premises between the hours of 11:30 p.m. and 6:00 a..m unless such person is using or intends to use the equipment and services offered therein to do such person's laundry.
   (e)   Construction and design standards. Each licensee engaged in the business of laundry service shall comply with the construction and design standards set forth in this subsection (e). All laundries licensed or required to be licensed under this chapter shall be:
      (1)   lighted and ventilated in accordance with the requirements of the building provisions of this Code;
      (2)   provided with adequate and sanitary plumbing installed in accordance with the requirements of the building provisions of this Code. All water closets, sinks or other plumbing fixtures installed in such laundry shall be impermeable, thoroughly sanitary and of an approved type as specified in the building provisions of this Code;
      (3)   in rooms or places where no laundering occurs, provided with floors constructed of hardwood or other impervious material;
      (4)   in rooms or places where laundering occurs, provided with floors constructed of either (i) hardwood with tight joints; (ii) concrete; (iii) cement; (iv) tile or stone laid in cement; or (v) other impervious materials. Such floors shall be watertight, including at all angles where floors and walls join, and shall properly drain to a public sewer;
      (5)   in washrooms, provided with floors constructed of either (i) concrete; (ii) cement; (iii) tile or stone laid in cement; or (iv) other impervious materials. Such floors shall be watertight and shall properly drain to a public sewer.
      (6)   provided with sufficient and suitable lavatory facilities, including approved washbowls, washbasins or sinks that are supplied with hot-and-cold-running water, soap, clean individual towels and any other equipment deemed necessary by the board of health for the health and comfort of the laundry's employees or patrons;
      (7)   provided with sufficient cloak room(s) or locker room(s) for employees to keep their wraps or outer clothing or any special or designated garment required to be worn during the hours of employment. Such rooms shall be entirely separate from the room(s) in which laundry is washed or dried and shall provide employees, who are required to change their garments, with a reasonable degree of privacy;
      (8)   provided with proper seating facilities for each employee who is required to remain stationed at any place for an extended period of time;
      (9)   equipped with proper devices, such as hoods or exhaust fans, to deflect heat from machines or mechanical devices operated by employees and capable of emitting excessive heat;
      (10)   provided with proper facilities and equipment for the separate handling of clean and soiled laundry and other fabrics;
   (f)   Prohibited acts. It shall be unlawful for any licensee engaged in the business of laundry service to:
      (1)   knowingly allow any employee or other person infected with or carrying a communicable disease to work in any capacity in any area of the laundry where there is a likelihood that persons infected with or carrying such disease may contaminate the laundry or laundered items or transmit the communicable disease to other employees or patrons of the laundry;
      (2)   allow any person to sleep in any laundry or to maintain any sleeping room or living room in direct connection with any laundry;
      (3)   keep or store any laundered or unlaundered clothing or fabric belonging to the laundry in any room that is used for living purposes;
      (4)   if the laundry is located in a building that contains any residential occupancy, (i) operate such laundry between the hours of 8:00 p.m. and 6:00 a..m., or (ii) wash laundry by means other than an enclosed washing machine, or (iii) wash laundry using an enclosed washing machine with a capacity exceeding ten pounds of dry goods per machine.
      (5)   permit any vapor, smoke or odor emanating at any time from the laundry to become a nuisance within any portion of the licensed premises or to any adjoining or nearby premises;
      (6)   permit clean and laundered articles of clothing or fabric to come into contact at any time with soiled or unlaundered articles of clothing or fabric;
      (7)   remove or to cause to be removed from the licensed premises any laundered article of clothing or other fabric, unless such article of clothing or fabric has been (i) thoroughly sterilized by keeping such article of clothing or fabric in a washing machine, vat or other vessel provided for that purpose containing water that is either brought to a boiling temperature or maintained at a temperature of 175 degrees Fahrenheit for at least twenty minutes; or (ii) subjected to live steam under pressure; or (iii) kept in a drying house or drying tumbler at a temperature of not less than 215 degrees Fahrenheit for a period of not less than 15 minutes; or (iv) passed through an ironing machine where the ironing surface is at a temperature of not less than 225 degrees Fahrenheit. Provided, however, that if the article of clothing or fabric being laundered is silk or wool or is otherwise subject to damage if the processes set forth in items (i) through (iv) above are used, such article of clothing or fabric shall be treated with soap, bleach or other standard disinfectant solutions as shall be approved by the applicable bureau of the department of buildings;
      (8)   sprinkle or to cause any fabric to be sprinkled with water or any other liquid substance ejected from the mouth or from any device that comes into contact with the mouth of any person;
      (9)   maintain any laundry in a manner that is dangerous or detrimental to the health of the general public or to any employee of such laundry.
   (g)   Departmental duties – Inspections.
      (1)   The department of business affairs and consumer protection, the department of buildings and the department of health are hereby authorized to inspect or to cause to be inspected any laundry service licensed or required to be licensed under this chapter for compliance with the requirements of this Code.
   (h)   Prohibition applicable to the general public – Penalty. It shall be unlawful for any person, other than employees and necessary maintenance personnel, to be or remain on the licensed premises between the hours of 11:30 p.m. and 6:00 a.m., unless such person is using or intends to use the equipment and services offered therein to do such person's laundry. Any person who violates this subsection (h) shall be subject to a fine of 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, § 16; Amend Coun. J. 11-8-12, p. 38872, § 51; Amend Coun. J. 6-28-17, p. 51334, § 1)
ARTICLE V.  RESIDENTIAL REAL ESTATE DEVELOPER (4-6-050 et seq.)
4-6-050  Residential real estate developer.
   (a)   Definitions. As used in this section:
   “Act related to residential real estate development” means: (1) any activity requiring a license under this section; (2) any conduct regulated by this section; or (3) any activity requiring a building permit issued under Chapter 14A-4 of this Code; or (4) any activity requiring a certificate of zoning compliance issued under Section 3-33-045; or (5) any duty or other requirement imposed by this section; or (6) any inspection of a building or premises or performance of other legal or work-related duty by a city inspector, city personnel or any other government official in connection with: (i) the issuance of a regulated business license under this chapter to engage in the business of residential real estate developer, or (ii) the issuance of a building permit under Chapter 14A-4 of this Code, or (iii) the issuance of certificate of zoning compliance under Section 3-33-045, or (iv) enforcing the requirements of the building code, zoning code or any other law regulating building construction or the health or safety of construction site workers, of the current or eventual users or occupants of a building or premises or of the general public.
   “Closing of the sale” means the operation of transferring ownership to the purchaser from the developer.
   “Improves a residential building” means any construction, reconstruction, enlargement, installation, repair, alteration or renovation of a residential building or any portion thereof which requires a permit and either (i) involves increasing the floor area or height of a residential building; or (ii) involves substantially altering the plumbing or electrical service of a residential building; or (iii) encompasses 50% or more of the square footage of a residential building, as measured before the construction, reconstruction, enlargement, installation, repair, alteration or renovation began. For purposes of this definition: “residential building” means a building or portion thereof classified as a Group R-2, R-3, R-4, or R-5 occupancy in accordance with Chapter 14B-3.
   “Knowingly”, with respect to a material fact, means (i) having actual knowledge of the material fact; or (ii) being aware of facts or information that would cause a reasonable person to have actual knowledge of the material fact; or (iii) acting in deliberate ignorance or reckless disregard of the truth or falsity of the material fact.
   “Prospective purchaser” means any person who visits a residential real estate development site for the purpose of inspecting it for possible purchase.
   “Residential real estate developer” means any person who (1) acquires land regardless of whether improved; and (2) either improves vacant land so acquired with a residential building as defined in the Chicago Zoning Ordinance, or improves a residential building as defined in the Chicago Zoning Ordinance on improved land so acquired; and (3) sells the land or residential building, or any portion thereof. The term does not include persons who make improvements on property that constitutes their primary residence if (i) the primary residence is a single-family dwelling, or a multiple-family dwelling that does not exceed three stories in height and contains six or fewer dwelling units as defined in Chapter 14B-2; and (ii) no more than one such property is sold by the person during a calendar year.
   (b)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, a renewal of, a regulated business license to engage in the business of residential real estate developer shall be accompanied by the following information:
      (1)   a description of the type of solicitation in which the applicant will engage;
      (2)   a statement as to whether, within ten years of the date of application or renewal, the applicant or any controlling person has ever been convicted, in custody, under parole or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction for the commission of a felony or criminal offense of whatever type or degree involving bribery, receipt of stolen property, fraud, theft, personal dishonesty, deception or forgery;
      (3)   a statement as to whether the applicant or any controlling person is currently under indictment or has been charged under any State or Federal law with the crime of bribery;
      (4)   the legal name and address of each residential real estate developer with whom the applicant, within the last four years, is or has been affiliated as a controlling person.
   (c)   License issuance and renewal – When. No regulated business license to engage in the business of residential real estate developer shall be issued to the following persons:
      (1)   any applicant or licensee, as applicable, whose license to engage in the business of residential real estate developer under Title 4 has been revoked for cause at any time within the last four years;
      (2)   any applicant or licensee, as applicable, who, within ten years of the date of application or renewal, has been convicted, in custody, under parole or under any other noncustodial supervision resulting from a conviction in a court of any jurisdiction for the commission of a felony or criminal offense of whatever degree involving bribery, unless, upon the request of such person, the commissioner determines that such person has been substantially rehabilitated to warrant the public trust. The burden of proof of substantial rehabilitation shall be on the person seeking such rehabilitation;
      (3)   any applicant or licensee, as applicable, who is currently under indictment or has been charged under any State or Federal law with the crime of bribery.
   (d)   Legal duties. Each licensee engaged in the business of residential real estate developer shall have a duty to:
      (1)   post a photocopy of the license in a conspicuous place at each residential real estate development site and office maintained by the licensee;
      (2)   print the residential real estate developer's license number in the following places: (i) on the front page of every estimate, contract and subcontract for residential real estate development; (ii) in any advertisement placed by or on behalf of the residential real estate developer; (iii) on every application for a building permit; and (iv) on every contract of sale;
      (3)   affix a sign in a conspicuous location at any place where sales information about a residential building or any portion thereof is made available for distribution to prospective purchasers. The sign shall notify prospective purchasers of their right to request and immediately receive a written disclosure statement containing the information described in paragraph (4) of this subsection (d). The lettering on the sign shall be in prominent type, clearly visible to and readable by the public, and in a color that contrasts with the background color of the sign;
      (4)   upon request, provide prospective purchasers with a written disclosure statement identifying (i) the name, business address, business telephone number and license number of the general contractor who did or will construct or improve the residential building; and (ii) the name, business address and business telephone number of every person owning twenty-five percent or more of the interest in the licensee or in any person requiring a license under this chapter;
      (5)   provide every purchaser, at the closing of the sale, with a written disclosure statement identifying (i) the name, business address, business telephone number and license number of the general contractor who constructed or improved the residential building or any portion thereof identified in the sales contract; and (ii) the name, business address and business telephone number of every person owning twenty-five percent or more of the interest in the licensee or in any person requiring a license under this chapter;
      (6)   comply with the requirements of Section 2-45-110, if applicable;
      (7)   comply with the requirements of Chapter 13-72 of this Code, if applicable.
   (e)   Prohibited acts. It shall be unlawful for any licensee engaged in the business of residential real estate developer to:
      (1)   knowingly make or cause to be made a false statement of material fact on or in connection with any license, certificate or permit application connected in any way with an act related to residential real estate development;
      (2)   knowingly submit or cause to be submitted in support of a license, certificate or permit application any document connected in any way with an act related to residential real estate development that contains false or fraudulent information;
      (3)   knowingly affix or cause to be affixed a false signature on any license, certificate or permit application connected in any way with an act related to residential real estate development;
      (4)   bribe or attempt to bribe or cause others to bribe or attempt to bribe any city inspector, city personnel, government official or other person in connection with an act related to residential real estate development;
      (5)   knowingly engage or cause others to engage in any conduct connected in any way with an act related to residential real estate development in violation of the Illinois Architecture Practice Act; the Illinois Professional Land Surveyor Act; the Illinois Professional Engineering Practice Act; or the Illinois Structural Engineering Act;
      (6)   do work related in any way to residential real estate development or to direct, permit, encourage, assist, aid, abet or cause others to do work related in any way to residential real estate development: (i) without first having obtained any license, permit or certificate required by law; or (ii) in violation of any license, permit or certificate required by law; or (iii) contrary to any drawings or plans approved by the appropriate department in connection with the issuance of any building permit required by law; or (iv) in violation of any stop work order; or (v) in violation of the Chicago Zoning Ordinance; or (vi) in a manner that fails to conform to the minimum standards of health or safety set forth in this Code or any other applicable law, or that otherwise endangers the health or safety of workers on a construction site, the current or eventual users or occupants of a building or premises or any part thereof or the general public;
      (7)   use predatory tactics to persuade, convince, cajole, pressure, force, harass or otherwise coerce any homeowner to sell their property. For purposes of this subsection (e)(7), the term “predatory tactics” means: (1) repeated and unsolicited attempts, within any 180-day period, to contact a homeowner via e-mail, telephone calls, house visits, written material or similar means, under circumstances when the homeowner has affirmatively requested the licensee or the licensee’s agent to refrain from such activity; or (2) threats, whether express or implied.
   In addition to any other penalty provided by law, any person who violates any requirement set forth in subsection (e)(1) through (e)(7), inclusive, of this section shall be subject to a fine of not less than $2,000.00 nor more than $10,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
   (f)   License suspension pending final adjudication of bribery charge. If the commissioner has knowledge that a licensee engaged in the business of residential real estate developer under Title 4 or any controlling person has been indicted or charged with any offense set forth in subsection (e)(4) of this section or with a similar offense under any State or Federal law and the commissioner determines that continued operation of the licensed business or activity may pose a threat to the public health, safety or welfare or may threaten to impair public confidence in the licensed business or activity, the commissioner may suspend the regulated business license of such licensee authorizing such licensee to engage in the business of residential real estate developer, in accordance with the requirements of Section 4-4-280, until final adjudication is made with respect to such offense. The subject matter of any hearing conducted under Section 4-4-280 shall be limited to determining: (1) whether the licensee or any controlling person has, in fact, been indicted or charged with any offense set forth in subsection (e)(4) of this section or with a similar offense under any State or Federal law; and (2) whether such offense is connected in any way with an act related to residential real estate development; and (3) whether continued operation of the licensed business or activity may pose a threat to the public health, safety or welfare or may threaten to impair public confidence in the licensed business or activity. The burden of proving that continued operation of the licensed business or activity does not pose a threat to the public health, safety or welfare and does not threaten to impair public confidence in the licensed business or activity shall be on the licensee.
   (g)   License revocation – Four-year wait for new license. No person whose license to engage in the business of residential real estate developer is revoked for cause shall be granted another license under this Code to engage in such business activity at the same or different location, or under the same or different name, for a period of four years from the date of revocation.
   (h)   [Reserved.]
   (i)   Suspension of permit privileges. 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 section 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.
   (j)   License 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 section as provided in Section 14A-3-305 of this Code.
(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 11-8-12, p. 38872, § 52; Amend Coun. J. 2-22-17, p. 43876, § 5; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 18; Amend Coun. J. 9-18-19, p. 5227, § 1)
ARTICLE VI.  TATTOOING, BODY PIERCING AND TANNING FACILITY (4-6-060 et seq.)
4-6-060  Tattooing, body piercing and tanning facilities.
   (a)   Definitions. As used in this section:
   “Aseptic technique” means a practice that (i) prevents and hinders the transmission of disease- producing microorganisms from one person or place to another; and (ii) is approved as effective by the board of health.
   “Body piercing” means penetrating the skin to make a hole, mark or scar that is generally permanent in nature. “Body piercing” does not include (1) practices that are considered to be medical procedures; or (2) puncturing the outer perimeter or lobe of the ear using a pre-sterilized, single-use stud and clasp ear piercing system.
   “Tanning facility” or “tanning facilities” means a room or booth or group of rooms or booths that houses ultraviolet lamps or products containing lamps intended for the irradiation of any part of the living human body for cosmetic or nonmedical related purposes. The term does not include any hotel or motel guest room(s) where sunlamps are installed in the restroom area.
   “Tattooing” means making permanent marks on the skin of a live human being by puncturing the skin and inserting indelible colors. “Tattooing” includes imparting permanent make-up on the skin, such as permanent lip coloring and permanent eye-liner. “Tattooing” does not include any of the following: (1) the practice of electrology, as defined in the Electrologist Licensing Act, codified at 225 ILCS 412/1 et seq.; or (2) the practice of acupuncture, as defined in the Acupuncture Practice Act, codified at 225 ILCS 2/1 et seq.; or (3) the use, by a physician licensed to practice medicine in all of its branches, of colors, dyes or pigments for the purpose of obscuring scar tissue or imparting color to the skin for cosmetic, medical or figurative purposes.
   (b)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, a renewal of, a regulated business license to engage in the business of tattooing, body piercing or tanning facility shall be accompanied by the following information:
      (1)   proof of insurance, as required under subsection (c)(1) of this section.
   (c)   Legal duties. Each licensee engaged in the business of tattooing, body piercing or tanning facility shall have a duty to:
      (1)   obtain commercial general liability insurance, with limits of not less than $300,000.00 per occurrence, for bodily injury, personal injury and property damage arising in any way from the issuance of the license or activities conducted pursuant to the license. The policy of insurance required under this section shall: (i) be issued by an insurer authorized to insure in Illinois; (ii) name the City of Chicago as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the licensee's operations; and (iii) include a provision requiring 30 days' advance notice to the commissioner of health prior to cancellation or lapse of the policy. The licensee shall maintain the insurance required under this subsection in full force and effect throughout the duration of the license period. Proof of insurance shall be kept on the licensed premises, and, upon request by any authorized city official, shall be made available for inspection by such authorized city official. A single violation of this subsection may result in license revocation in accordance with Section 4-4-280;
      (2)   maintain the licensed premises in a clean and sanitary condition;
      (3)   perform body piercing or tattooing in a manner consistent with aseptic technique, as defined in this section;
      (4)   comply with all applicable state laws and regulations, including, but not limited to, the Tanning Facility Permit Act, codified at 210 ILCS 145/1 et seq., and the Tattoo and Body Piercing Establishment Registration Act, codified at 410 ILCS 54/1 et seq.
   (d)   Prohibited acts. It shall be unlawful for any licensee engaged in the business of tattooing, body piercing or tanning facility to:
      (1)   tattoo or to offer to tattoo any person under the age of 18;
      (2)   pierce any area of the body of a person under 18 years of age without written consent, or, in case of any piercing of the oral cavity, without written consent in a form prescribed by the commissioner of health that complies with 720 ILCS 5/12C-40(a) and 77 Illinois Administrative Code 797.400(l), of a parent or legal guardian of that person;
      (3)   allow any person under 18 years of age to tan themselves in a tanning facility, regardless of whether the person has the permission of a parent or guardian.
   (e)   Penalty.
      (1)   Any person who violates subsection (c)(1) of this section or any rule promulgated thereunder 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.
      (2)   Any person who violates subsection (c)(2), (c)(3) or (c)(4) of this section or any rule promulgated thereunder shall be subject to a fine of $250.00 for each serious offense; and a fine of $500.00 for each critical offense. Each day that a violation continues shall constitute a separate and distinct offense. The board of health shall promulgate rules classifying violations of subsections (c)(2), (c)(3) and (c)(4) of this section as serious or critical.
      (3)   Except as otherwise provided in subsections (e)(1) and (e)(2), any person who violates this section or any rule promulgated thereunder shall be subject to a fine of not less than $2,000.00 nor more than $10,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
   (f)   Enforcement – Rules – Closure order. The department of health shall (i) administer and enforce this section; and (ii) promulgate rules and regulations to implement the requirements of this section. In addition to any other penalty provided by law, the department of health may order, in accordance with the requirements of due process, the closure of any place where a violation of subsections (c)(2), (c)(3) or (c)(4) of this section is observed. Such closure shall remain in effect until the commissioner of health determines that the condition giving rise to the closure has been abated.
(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 6-6-12, p. 28356, § 1B; Amend Coun. J. 11-8-12, p. 38872, § 53; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 1; Amend Coun. J. 5-18-16, p. 24253, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 1)
ARTICLE VII.  DAY LABOR AGENCY (4-6-070 et seq.)
4-6-070  Day labor agency.
   (a)   Definitions. As used in this section:
   “Contract employer” means any person who obtains the services of one or more individuals through an agreement with a day labor agency, regardless of whether such agreement is oral or in writing.
   “Day labor” means labor or employment that is (1) irregular or occasional; and (2) not longer than the time required to complete the assignment for which the person was hired; and (3) where wage payments are made directly or indirectly by the day labor agency or the contract employer for work undertaken by one or more day laborers. The term “day labor” does not include secretarial, clerical or professional services.
   “Day laborer” means any person referred by a day labor agency to a contract employer to perform day labor or seeking such a referral.
   “Day labor agency” or “agency” means any entity engaged in providing day labor workers for a contract employer. The term does not include any not-for-profit organization.
   (b)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, a renewal of, a regulated business license to engage in the business of day labor agency shall be accompanied by the following information:
      (1)   if the applicant owns or operates a day labor agency in any jurisdiction other than the City of Chicago, the name, address and location of such day labor agency and the applicant's disciplinary history at each such day labor agency;
      (2)   a copy of the applicant's license issued under the Illinois Day Labor Services Act;
      (3)   a statement as to whether, within five years of the date of application or renewal, the applicant has ever been convicted, in custody, under parole or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction for the commission of a felony or criminal offense of whatever degree involving moral turpitude or dishonesty;
      (4)   a statement as to whether, within five years of the date of application or renewal, the applicant has admitted guilt in any civil or criminal proceeding in connection with the commission of any crime involving moral turpitude or dishonesty;
      (5)   a statement as to whether, within ten years of the date of application or renewal, the applicant has had any license, permit, certificate or its equivalent in any jurisdiction, which authorized such applicant to engage in the business of day care agency or its equivalent in such jurisdiction, suspended or revoked for cause.
   (c)   License issuance and renewal – Prohibited when. No regulated business license to engage in the business of day labor agency shall be issued to the following persons:
      (1)   any applicant or licensee, as applicable, who is required to hold, but does not hold, a valid license issued under the Illinois Day Labor Services Act;
      (2)   any applicant or licensee, as applicable, who, within five years of the date of application or renewal, has been convicted, in custody, under parole or under any other noncustodial supervision resulting from a conviction in a court of any jurisdiction for the commission of a felony or criminal offense of whatever degree involving moral turpitude or dishonesty;
      (3)   any applicant or licensee, as applicable, who, within five years of the date of application or renewal, has admitted guilt in any civil or criminal proceeding in connection with the commission of any crime involving moral turpitude or dishonesty;
      (4)   any applicant or licensee, as applicable, who, within ten years of the date of application or renewal, has had any license, permit, certificate or its equivalent in any jurisdiction, authorizing such applicant or licensee to engage in the business of day care agency or its equivalent in such jurisdiction, suspended or revoked for cause.
   (d)   Legal duties. Each licensee engaged in the business of day labor agency shall have a duty to:
      (1)   provide toilet facilities within its place of business to accommodate the needs of day laborers using the agency;
      (2)   maintain the temperature in the area of the agency where day laborers await referral or transportation to within three degrees Fahrenheit of the temperature of the area reserved for the agency's manager or other non-day labor employees;
      (3)   obtain from the department of buildings and post on the licensed premises an occupancy placard indicating the permitted capacity of the area of the day labor agency where day laborers await referral or transportation to a contract employer;
      (4)   equip the licensed premises with benches or chairs or any combination thereof in numbers sufficient to accommodate the number of persons identified on the agency's occupancy placard required under subsection (d)(3) of this section;
      (5)   pay a day laborer for each hour such laborer works, or for each hour for which the agency receives compensation from a contract employer in relation to such day laborer, whichever number of hours is greater;
      (6)   at the time a day laborer applies for placement with a contract employer, disclose to such day laborer the cost of each item of clothing or equipment required to be used by the day laborer in connection with that placement;
      (7)   be responsible for the conduct and performance of any person who transports a day laborer from the agency to a work site, unless (i) the transporter is the Chicago Transit Authority or another component of the Regional Transportation Authority; or (ii) the day laborer provides his or her own transportation; or (iii) the transporter is selected exclusively by and at the sole choice of the day laborer without mandatory direction from the day labor agency and such transporter is paid by the day laborer for transportation in a vehicle not owned or operated by the day labor agency;
      (8)   if the day labor agency refers a day laborer to a public passenger vehicle licensee for transportation, ensure that the vehicle and its operator are in compliance with Chapter 9-112 of this Code and all regulations promulgated thereunder. Provided, however, that informing a day laborer of the availability of a car pool driven by another day laborer shall not be considered a referral by the agency. Provided further, that directing the day laborer to accept a specific car pool as a condition of work shall be considered to be a referral. Any mention or discussion of the cost of the car pool shall also be considered a referral by the agency;
      (9)   post in a conspicuous location a sign in English, Polish and Spanish, describing the rights and obligations of the agency and day laborers. The content of such sign and description shall be determined by the commissioner;
      (10)   comply with the Chicago Human Rights Ordinance, Chapter 2-160 of this Code, in connection with every decision and action of the day labor agency affecting the selection, hiring, assignment, compensation, retention and all other conditions of employment of day laborers;
      (11)   create an accurate record of each transaction by which a day laborer was sent to a contract employer. Such record shall include (i) the name of the day laborer and the date of the transaction; (ii) the address of the day laborer; (iii) the race and gender of the day laborer, as provided by the laborer; (iv) the name, address and telephone number of the contract employer; (v) the name and title of the individual at the contractor employer's place of business responsible for the transaction; (vi) the type of work to be performed by the day laborer; (vii) any specific qualifications or attributes of a day laborer, requested by the contract employer; (viii) the hourly rate of pay to the day laborer; (ix) the compensation payable by the contract employer to the agency; (x) the number of hours worked by the day laborer; (xi) actual deductions from the day laborer's compensation made either by the contract employer or by the agency for the day laborer's transportation, food, equipment, withheld income tax, withheld social security payments and every other deduction; (xii) the nature, brand and unit price of any equipment given to the day laborer and a listing of all fees, taxes or other items for which a deduction is taken from the laborer's pay; (xiii) the number of hours to be worked by the day laborer; and (xiv) any additional information required by regulations issued by the department;
      (12)   maintain all records under subsection (d)(11) of this section for a period of five years from the date of their creation, and, upon request by any authorized city official, make such records available for inspection during normal business hours by such authorized city official;
      (13)   upon demand by any individual day laborer, make such individual's records within the meaning of subsection (d)(11) of this section available to such day laborer, during normal business hours, for inspection by such day laborer;
      (14)   provide to each day laborer a work ticket, signed by an employee of the agency when the day laborer is dispatched from the agency office. If the day laborer is not placed with a contract employer for that day, the agency shall provide the day laborer with a confirmation signed by an employee of the agency, which shall include the items described in items (i), (ii) and (xiv) of subsection (d)(11) of this section, plus the time that the day laborer receives such confirmation. If the day laborer is placed with a contract employer, the ticket shall include the information described in subsections (i), (iv), (vi), (viii), (xii), (xiii) and (xiv) of subsection (d)(11) of this section, plus the time the day laborer is dispatched to the contract employer and the time of return. If the day laborer returns to the agency at the conclusion of the work day, the agency shall add items (x) and (xi) to the ticket. If the day laborer has a regular assignment where he or she goes directly to the work site, and is not required to appear at the day labor agency, the day labor agency shall coordinate with the work site supervisor to provide the day laborer, upon request, a copy of the record kept at the work site of the hours worked by the day laborer.
   (e)   Prohibited acts. It shall be unlawful for any licensee engaged in the business of day labor agency to:
      (1)   charge a day laborer for use of the agency's toilet facilities;
      (2)   charge, or to allow a contract employer to charge, a day laborer for transportation to or from the contract employer's work site;
      (3)   charge a day laborer for the use of any item of clothing or equipment that is returnable to the agency;
      (4)   require, as a condition of placing a day laborer with a contract employer, that the day laborer purchase or rent from the agency or from the contract employer any item of clothing or equipment, if the employee has in his possession substantially equivalent clothing or equipment;
      (5)   charge a laborer for any item of equipment or clothing that he or she returns to the agency by the end of the next business day and in a usable condition;
      (6)   charge a worker for any disposable item of equipment;
      (7)   make any false, inaccurate or incomplete entry into any record required under subsection (d)(11) or (d)(14) of this section or to delete required information from any such record.
(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 11-8-12, p. 38872, § 54)
ARTICLE VIII.  ADULT FAMILY CARE CENTER (4-6-080 et seq.)
4-6-080  Adult family care center.
   (a)   Definitions. As used in this section:
   “Activities of daily living” means functions and tasks for self-care, including, but not limited to, eating, bathing, grooming, dressing, ambulating and other similar tasks.
   “Adult family care center” or “center” means a dwelling unit, as defined in Section 17-17-0248, that is owned or rented for the purpose of providing three or more adults, ages 55 or older, with room, board and personal care on a 24-hour basis. The term “adult family care center” does not include (1) any hospital, institution or similar place operated by the federal, state or local government; (2) any entity licensed by the State of Illinois as (i) a long term care facility; (ii) a hospital or sanitarium; (iii) a community living facility; (iv) a community-integrated living arrangement; (v) a life care facility; (vi) a hospice; (vii) a shared housing establishment; or (viii) an assisted living establishment; (3) a single-room occupancy unit or bed-and-breakfast establishment licensed by the City; or (4) any arrangement whereby a person who owns or rents a home or dwelling unit provides room, board and personal services only to his or her relatives.
   “Personal services” or “personal care” means individual assistance with or supervision of the activities of daily living and the self-administration of medication and other similar services.
   “Relative” means any person related to the licensee by blood, marriage, legal adoption or guardianship.
   “Resident(s)” means any person, who is not a relative of the licensee, who receives room, board and personal care in an adult family care center.
   “Self-administration of medicine” means and includes, but is not limited to, reminding a resident to take medication; reading the medication label to a resident; checking the medication dosage against the label; confirming that a resident has obtained and is taking the dosage as prescribed; documenting, in writing, that a resident has taken or refused to take the medication; and, if a resident is unable to open the medication container, opening the container for such resident.
   “Semi-private room” means a room occupied by no more than two residents at any given time.
   (b)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a regulated business license to engage in the business of adult family care center shall be accompanied by the following information:
      (1)   proof that the applicant or licensee, as applicable, owns or leases the premises in which the facility will be located;
      (2)   the location of the facility;
      (3)   the total number of residents that will be housed at the facility at any given time;
      (4)   the name and address of the person(s) responsible for supervising or managing the facility;
      (5)   proof of fingerprinting, as required under subsection (e)(1) of this section;
      (6)   proof of insurance, as required under subsection (e)(2) of this section;
      (7)   a statement as to whether, within ten years of the date of application or renewal, (i) the applicant, or (ii) any controlling person, or (iii) any member of the applicant’s household residing at the center who is 18 years of age or older, or (iv) any manager or supervisor at the center has ever been convicted, in custody, under parole or under any other noncustodial supervision resulting from a conviction in a court of any jurisdiction for the commission of a felony of any type or a criminal offense of whatever degree involving neglect or abuse of an elderly person, domestic violence, drugs or narcotics (other than a minor cannabis offense), violence, fraud, theft, personal dishonesty, deception or forgery;
      (8)   proof that the licensee holds a valid certificate of registration in food handling and sanitation issued by the department of health;
      (9)   any other information required by rules and regulations duly promulgated by the board of health.
   (c)   Departmental duties – Inspections.
      (1)   The commissioner of the department of business affairs and consumer protection shall have the following duties: (i) upon receipt by the department of any application for a regulated business license to engage in the business of adult family care center, to forward such application to the department of health; and (ii) upon issuance of a regulated business license to engage in the business of adult family care center, to so notify the alderman of the affected ward.
      (2)   The board of health or commissioner of health, as applicable, shall notify the commissioner of business affairs and consumer protection if such board or commissioner orders an adult family center closed.
      (3)   The: (i) department of health and department of family and support services, and (ii) either the fire department or department of buildings, pursuant to a coordinated inspection schedule, shall conduct annual inspections of every adult family care center licensed or required to be licensed under this section. If, within the 12-month period prior to the date of any inspection required under this section, the adult family care center was inspected either by the fire department or department of buildings in connection with a permit inspection, periodic inspection, code compliance inspection or certificate of occupancy, such inspection shall be deemed to meet the applicable inspection requirement in item (ii) of this subsection (c)(3) and in subsection (d)(4).
      (4)   In addition to the inspections mandated in subsection (c)(3), the department of health, department of family and support services, fire department and department of buildings are authorized to conduct such additional inspections as they deem necessary to maintain health and safety.
   (d)   License issuance and renewal – Prohibited when. No regulated business license to engage in the business of adult family care center shall be issued to:
      (1)   any applicant or licensee, as applicable, who does not own or lease the premises in which the center will be located;
      (2)   any applicant or licensee, as applicable, who has been previously licensed by the city and whose city license has been revoked for cause at any time within two years of the date of application or renewal;
      (3)   any applicant or licensee, as applicable, if, within ten years of the date of application or renewal, the applicant or licensee, or any controlling person, or any member of the applicant’s household residing at the center who is 18 years of age or older, or any manager or supervisor at the center has ever been convicted, in custody, under parole or under any other noncustodial supervision resulting from a conviction in a court of any jurisdiction for the commission of a felony of any type or a criminal offense of whatever degree involving neglect or abuse of an elderly person, domestic violence, drugs or narcotics (other than a minor cannabis offense), violence, fraud, theft, personal dishonesty, deception or forgery;
      (4)   any applicant or licensee, as applicable, unless, prior to issuance of any initial license, the premises identified in the license application are inspected in accordance with subsection (c)(3) to determine whether the adult family care center is in compliance with the requirements of this Code and any rules promulgated thereunder pertaining, respectively, to health, sanitation, fire prevention and the building provisions of this Code;
      (5)   any applicant or licensee, as applicable, unless such person holds a valid certificate of registration in food handling and sanitation issued by the department of health.
   (e)   Legal duties. Each licensee engaged in the business of adult family care center shall have a duty to:
      (1)   submit to fingerprinting, in accordance with rules and regulations promulgated by the commissioner. The following persons shall be fingerprinted: (i) the applicant or licensee, as applicable; (ii) any controlling person, (iii) any member of the applicant's household residing at the center who is 18 years of age or older, and (iv) any manager or supervisor at the center;
      (2)   obtain commercial general liability insurance, with limits of not less than $300,000.00 per occurrence, for bodily injury, personal injury and property damage arising in any way from the issuance of the license or activities conducted pursuant to the license. The policy of insurance required under this section shall: (i) be issued by an insurer authorized to insure in Illinois; (ii) name the City of Chicago as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the licensee's operations; and (iii) include a provision requiring 30 days' advance notice to the commissioner prior to cancellation or lapse of the policy. The licensee shall maintain the insurance required under this subsection in full force and effect throughout the duration of the license period. Proof of insurance shall be kept on the licensed premises, and, upon request by any authorized city official, shall be made available for inspection by such authorized city official. A single violation of this subsection may result in license revocation in accordance with Section 4-4-280;
      (3)   provide all residents of the center with the following: (i) room and board; (ii) assistance necessary to perform the activities of daily living; (iii) assistance necessary for the self-administration of medicine; (iv) supervision of residents; (v) social and leisure activities for residents; (vi) any service required to be provided in duly promulgated rules and regulations issued by the board of health or department of health for the health and well-being of residents; (vii) a private or semi- private room for each resident, with access to common areas; and (viii) on-site personnel, sufficient in numbers and training, to assist and supervise residents at all times that the center is operating;
      (4)   equip the center with an automatic air- cooling system or equipment capable of maintaining the interior summer design temperature of 75 degrees Fahrenheit at 50% relative humidity level in all living quarters, dining areas, bathrooms, common rooms and connecting corridors; monitor the interior temperature and humidity level in all living quarters, dining areas, bathrooms, common rooms and connecting corridors on a regular basis; and provide air cooling as needed to maintain the interior temperature and humidity level specified in this subsection;
      (5)   maintain records to show proof, satisfactory to the commissioner, that the licensee, all controlling persons, every member of the applicant's household residing at the center who is 18 years of age or older, and every employee, supervisor and caregiver working at the center does not have a criminal background or history of offenses of the type set forth in subsection (d)(3) of this section; and to immediately notify the department of health, if any such person has admitted to, been found liable of, or been convicted of, any such offense;
      (6)   maintain a legally enforceable, written agreement with each resident of the center setting forth the term of occupancy and services to be provided to such resident, as well as any additional terms or conditions set forth in duly promulgated rules and regulations issued by the board of health, department of health or department of business affairs and consumer protection;
      (7)   submit any reports to the board of health or department of health as such board or department may from time to time require, as set forth in rules and regulations duly promulgated by such board or department;
      (8)   hold a valid certificate of registration in food handling and sanitation issued by the department of health.
   (f)   Prohibited acts. It shall be unlawful for any licensee engaged in the business of adult family care facility to:
      (1)   operate an adult family care facility on premises that the licensee does not own or lease.
   (g)   Enforcement – Rules. The board of health and department of health are authorized to adopt and enforce reasonable rules and regulations relating to the operation and conduct of adult family care facilities. Such rules and regulations may include, but are not limited to, the following: (i) the terms and conditions of the written agreement required under subsection (e)(6) of this section; (ii) public health and safety issues; (iii) qualifications, training standards and responsibilities of licensees and staff; (iv) criteria and procedures for determining the appropriateness of a resident's placement and continued residency in an adult family care center; and (v) procedures for providing notice and assuring the least possible disruption of residents' lives when residents are relocated, or an adult family care center is closed, or the ownership of an adult family care center is transferred to another person. In addition, the board of health and department of health may adopt and enforce all existing and future laws and regulations adopted by the State of Illinois that relate to the operation of adult family care facilities to the extent that such regulation is permitted under the home rule powers of the city.
   (h)   Penalty. In addition to any other penalty provided by law, any person who violates any requirement of this section or any rule or regulation promulgated thereunder shall be subject to a fine of not less than $300.00 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, § 16; Amend Coun. J. 6-6-12, p. 28356, § 1B; Amend Coun. J. 11-8-12, p. 38872, § 56; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 2; Amend Coun. J. 5-18-16, p. 24131, § 5; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 2; Amend Coun. J. 2-22-17, p. 43916, Art. VIII, § 1; Amend Coun. J. 11-26-19, p. 11547, § 3)
ARTICLE IX.  ASSISTED LIVING ESTABLISHMENT (4-6-090 et seq.)
4-6-090  Assisted living establishment.
   (a)   Definitions. As used in this section:
   “Assisted Living and Shared Housing Act” or “Act” means the Assisted Living and Shared Housing Act, codified at 210 ILCS 9/1, et seq.
   “Assisted living establishment” shall have the meaning set forth in the Act.
   (b)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a regulated business license to engage in the business of assisted living establishment shall be accompanied by the following information:
      (1)   the location of the establishment;
      (2)   the total number of residents that will be housed at the establishment at any given time;
      (3)   the level of care that will be provided at the establishment;
      (4)   the name and address of the person(s) responsible for administering, supervising or managing the establishment;
      (5)   proof that the applicant or licensee, as applicable, is properly licensed by the State of Illinois to engage in the business of assisted living establishment;
      (6)   any other information required by rules and regulations duly promulgated by the board of health or department of health.
   (c)   Departmental duties – Inspections.
      (1)   The commissioner of the department of business affairs and consumer protection shall have the following duties: (i) upon receipt by the department of any application for a regulated business license to engage in the business of assisted living establishment, to forward such application to the department of health; and (ii) upon issuance of a regulated business license to engage in the business of assisted living establishment, to so notify the alderman of the affected ward.
      (2)   The board of health or commissioner of health, as applicable, shall notify the commissioner of business affairs and consumer protection if such board or commissioner orders any assisted living establishment closed.
      (3)   The: (i) department of health, and (ii) either the fire department or department of buildings, pursuant to a coordinated inspection schedule, shall conduct bi-annual inspections of every assisted living establishment licensed or required to be licensed under this section. If, within the 12-month period prior to the date of any inspection required under this section, the assisted living establishment was inspected either by the fire department or department of buildings in connection with a permit inspection, periodic inspection, code compliance inspection or certificate of occupancy, such inspection shall be deemed to meet the applicable inspection requirement set forth in item (ii) of this subsection (c)(3) and in subsection (d)(2).
      (4)   In addition to the inspections mandated in subsection (c)(3), the department of health, department of family and support services, fire department and department of buildings are authorized to conduct such additional inspections as they deem necessary to maintain health and safety.
   (d)   License issuance and renewal – Prohibited when. No regulated business license to engage in the business of assisted living establishment shall be issued to the following persons:
      (1)   any applicant or licensee, as applicable, that is not properly licensed by the State of Illinois to engage in the business of assisted living establishment;
      (2)   any applicant or licensee, as applicable, unless, prior to issuance of any initial license to engage in the business of assisted living establishment, the establishment identified in the license application is inspected in accordance with subsection (c)(3) to determine whether the establishment is in compliance with the requirements of this Code and any rules promulgated thereunder pertaining, respectively, to health, sanitation, fire prevention and the building provisions of this Code.
   (e)   Legal duties. Each licensee engaged in the business of assisted living establishment shall have a duty to:
      (1)   comply with the minimum requirements and standards applicable to assisted living establishments, as set forth in the Assisted Living and Shared Housing Establishment Act, and all rules and regulations promulgated thereunder applicable to assisted living establishments. The Assisted Living and Shared Housing Establishment Act, and all such applicable rules and regulations promulgated thereunder, shall be incorporated herein and shall hereby be made a part of this section;
      (2)   comply with any rules and regulations adopted by the board of health or department of health relating to the operation and conduct of any assisted living establishment licensed or required to be licensed under this chapter;
      (3)   equip the establishment with an automatic air-cooling system or equipment capable of maintaining the interior summer design temperature of 75 degrees Fahrenheit at 50% relative humidity level in all living quarters, dining areas, bathrooms, common rooms and connecting corridors; monitor the interior temperature and humidity level in all living quarters, dining areas, bathrooms, common rooms and connecting corridors on a regular basis; and provide air cooling as needed to maintain the interior temperature and humidity level specified in this subsection;
      (4)   submit any reports to the board of health or department of health as such board or department may from time to time require, as set forth in rules and regulations duly promulgated by such board or department. All such reports shall be made on forms provided by the board or department, as applicable, and shall be verified for truthfulness and accuracy and signed by the chief physician or administrator of such establishment.
   (f)   Enforcement – Rules. The board of health and department of health are authorized to adopt and enforce reasonable rules and regulations relating to the operation and conduct of assisted living establishments. Such rules and regulations (i) shall include all minimum requirements and standards for assisted living establishments set forth in the Assisted Living and Shared Housing Establishment Act and all rules and regulations applicable to assisted living establishments promulgated under such Act; and (ii) may include additional rules and regulations relating to the operation and conduct of assisted living establishments, including, but not limited to, rules and regulations to address public health and safety issues, to the extent that such additional rules and regulation are permitted under the home rule powers of the city.
   (g)   Penalty. In addition to any other penalty provided by law, any person who violates any requirement of this section or any rule or regulation promulgated thereunder shall be subject to a fine of not less than $300.00 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, § 16; Amend Coun. J. 6-6-12, p. 28356, § 1B; Amend Coun. J. 11-8-12, p. 38872, § 57; Amend Coun. J. 5-18-16, p. 24131, § 6; Amend Coun. J. 2-22-17, p. 43916, Art. VIII, § 2)
ARTICLE X.  LONG-TERM CARE FACILITY (4-6-100 et seq.)
4-6-100  Long-term care facility.
   (a)   Definitions. As used in this section:
   “Long-term care facility” has the meaning set forth in the Nursing Home Care Act.
   “Nursing Home Care Act” or “Act” means the Nursing Home Care Act, codified at 210 ILCS 45/1-101 et seq.
   (b)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a regulated business license to engage in the business of long-term care facility shall be accompanied by the following information:
      (1)   the location of the facility;
      (2)   the total number of residents that will be housed at the facility at any given time;
      (3)   the level of care that will be provided at the facility;
      (4)   the name and address of the person(s) responsible for administering, supervising or managing the facility;
      (5)   proof that the applicant or licensee, as applicable, is properly licensed by the State of Illinois to engage in the business of long-term care facility;
      (6)   any other information required by rules and regulations duly promulgated by the board of health or department of health.
   (c)   Departmental duties – Inspections.
      (1)   The commissioner of the department of business affairs and consumer protection shall have the following duties: (i) upon receipt by the department of any application for a regulated business license to engage in the business of long-term care facility, to forward such application to the department of health; and (ii) upon issuance of a regulated business license to engage in the business of long-term care facility, to so notify the alderman of the affected ward.
      (2)   The board of health or commissioner of health, as applicable, shall notify the commissioner of business affairs and consumer protection if such board or commissioner orders any long-term care facility closed.
      (3)   The (i) department of health, and (ii) either the fire department or department of buildings, pursuant to a coordinated inspection schedule, shall conduct bi-annual inspections of every long-term care facility licensed or required to be licensed under this section. If, within the 12-month period prior to the date of any inspection required under this section, the long- term care facility was inspected either by the fire department or department of buildings in connection with a permit inspection, periodic inspection, code compliance inspection or certificate of occupancy, such inspection shall be deemed to meet the applicable inspection requirement in item (ii) of this subsection (c)(3) and in subsection (d)(2).
      (4)   In addition to the inspections mandated in subsection (c)(3), the department of health, department of family and support services, fire department and department of buildings are authorized to conduct such additional inspections as they deem necessary to maintain health and safety.
   (d)   License issuance and renewal – Prohibited when. No regulated business license to engage in the business of long-term care facility shall be issued to the following persons:
      (1)   any applicant or licensee, as applicable, that is not properly licensed by the State of Illinois to engage in the business of long-term care facility;
      (2)   any applicant or licensee, as applicable, unless, prior to issuance of any initial license to engage in the business of long-term care facility, the premises identified in the license application are inspected in accordance with subsection (c)(3) to determine whether the facility is in compliance with the requirements of this Code and any rules promulgated thereunder pertaining, respectively, to health, sanitation, fire prevention and the building provisions of this Code.
   (e)   Legal duties. Each licensee engaged in the business of long-term care facility shall have a duty to:
      (1)   comply with the applicable minimum requirements and standards established in the Nursing Home Care Act and any rule and regulation promulgated thereunder. The Nursing Home Care Act and all rules and regulations promulgated under the Act shall be incorporated herein and shall hereby be made a part of this section;
      (2)   comply with all rules and regulations adopted by the board of health or department of health relating to the operation and conduct of any long-term care facility licensed or required to be licensed under this chapter;
      (3)   equip the facility with an automatic air- cooling system or equipment capable of maintaining the interior summer design temperature of 75 degrees Fahrenheit at 50% relative humidity level in all living quarters, dining areas, bathrooms, common rooms and connecting corridors; monitor the interior temperature and humidity level in all living quarters, dining areas, bathrooms, common rooms and connecting corridors on a regular basis; and provide air cooling as needed to maintain the interior temperature and humidity level specified in this subsection;
      (4)   submit any reports to the board of health or department of health as such board or department may from time to time require, as set forth in rules and regulations duly promulgated by such board or department. All such reports shall be made on forms provided by such board or department, as applicable, and the truthfulness and accuracy of the contents thereof shall be verified and signed by the chief physician or administrator of such facility.
   (f)   Enforcement – Rules. The board of health and department of health are authorized to adopt and enforce reasonable rules and regulations relating to the operation and conduct of long-term care facilities. Such rules and regulations shall include all minimum requirements and standards set forth in the Nursing Home Care Act and all rules and regulations promulgated under such Act, and may include additional rules and regulations relating to the operation and conduct of such facilities, including, but not limited to, rules and regulations to address public health and safety issues, to the extent that such additional rules and regulation are permitted under the home rule powers of the city.
   (g)   Penalty. In addition to any other penalty provided by law, any person who violates any requirement of this section or any rule or regulation promulgated thereunder shall be subject to a fine of not less than $300.00 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, § 16; Amend Coun. J. 6-6-12, p. 28356, § 1B; Amend Coun. J. 11-8-12, p. 38872, § 58; Amend Coun. J. 5-18-16, p. 24131, § 7; Amend Coun. J. 2-22-17, p. 43916, Art. VIII, § 3)
ARTICLE XI.  ADULT FAMILY CARE HOME (4-6-110 et seq.)
4-6-110  Adult family care home.
   (a)   Definitions. As used in this section:
   “Adult family care home” has the meaning ascribed to the term “shared housing establishment” as set forth in the Act.
   “Assisted Living and Shared Housing Act” or “Act” means the Assisted Living and Shared Housing Act, as amended, codified at 210 ILCS 9/1, et seq.
   (b)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a regulated business license to engage in the business of adult family care home shall be accompanied by the following information:
      (1)   the location of the adult family care home;
      (2)   the total number of residents that will be housed at the adult family care home at any given time;
      (3)   the level of care that will be provided at the adult family care home;
      (4)   the name and address of the person(s) responsible for administering, supervising or managing the adult family care home;
      (5)   proof that the applicant or licensee, as applicable, is properly licensed by the State of Illinois as a shared housing establishment;
      (6)   any other information required by rules and regulations duly promulgated by the board of health or department of health.
   (c)   Departmental duties.
      (1)   The commissioner of the department of business affairs and consumer protection shall have the following duties: (i) upon receipt by the department of any application for a regulated business license to engage in the business of adult family care home, to forward such application to the department of health; and (ii) upon issuance of a regulated business license to engage in the business of adult family care home, to so notify the alderman of the affected ward.
      (2)   The board of health or commissioner of health, as applicable, shall notify the commissioner of business affairs and consumer protection if such board or commissioner orders any adult family care home closed.
      (3)   The (i) department of health, and (ii) either the fire department or department of buildings, pursuant to a coordinated inspection schedule, shall conduct bi-annual inspections of every adult family care home licensed or required to be licensed under this section. If, within the 12-month period prior to the date of any inspection required under this section, the adult family care home was inspected either by the fire department or department of buildings in connection with a permit inspection, periodic inspection, code compliance inspection or certificate of occupancy, such inspection shall be deemed to meet the inspection requirement in item (ii) of this subsection (c)(3) and in subsection (d)(2).
      (4)   In addition to the inspections mandated in subsection (c)(3), the department of health, department of family and support services, fire department and department of buildings are authorized to conduct such additional inspections as they deem necessary to maintain health and safety.
   (d)   License issuance and renewal – Prohibited when. No regulated business license to engage in the business of adult family care home shall be issued to the following persons:
      (1)   any applicant or licensee, as applicable, that is not properly licensed by the State of Illinois as a shared housing establishment;
      (2)   any applicant or licensee, as applicable, unless, prior to issuance of any initial license to engage in the business of adult family care home, the premises identified in the license application are inspected in accordance with subsection (c)(3) to determine whether the adult family care home is in compliance with the requirements of this Code and any rules promulgated thereunder pertaining, respectively, to health, sanitation, fire prevention and the building provisions of this Code.
   (e)   Legal duties. Each licensee engaged in the business of adult family care home shall have a duty to:
      (1)   comply with all minimum requirements and standards applicable to shared housing establishments, as set forth in the Assisted Living and Shared Housing Establishment Act, and with all rule and regulations promulgated thereunder applicable to shared housing establishments. All such minimum requirements and standards set forth in such Act, and all such rules and regulations promulgated under the Act, shall be incorporated herein and shall hereby be made a part of this section;
      (2)   comply with any rules and regulations adopted by the board of health or department of health relating to the operation and conduct of any adult family care home licensed or required to be licensed under this chapter;
      (3)   equip the adult family care home with an automatic air-cooling system or equipment capable of maintaining the interior summer design temperature of 75 degrees Fahrenheit at 50% relative humidity level in all living quarters, dining areas, bathrooms, common rooms and connecting corridors; monitor the interior temperature and humidity level in all living quarters, dining areas, bathrooms, common rooms and connecting corridors on a regular basis; and provide air cooling as needed to maintain the interior temperature and humidity level specified in this subsection;
      (4)   submit any reports to the board of health or department of health as such board or department may from time to time require, as set forth in rules and regulations duly promulgated by such board or department. All such reports shall be made on forms provided by such board or department, as applicable, and the truthfulness and accuracy of the contents thereof shall be verified and signed by the chief physician or administrator of such adult family care home.
   (f)   Enforcement – Rules. The board of health and department of health are authorized to adopt and enforce reasonable rules and regulations relating to the operation and conduct of adult family care homes. Such rules and regulations (i) shall include all minimum requirements and standards for shared housing establishments set forth in the Assisted Living and Shared Housing Establishment Act and all rules and regulations applicable to shared housing establishments promulgated under such Act; and (ii) may include additional rules and regulations relating to the operation and conduct of adult family care homes, including, but not limited to, rules and regulations to address public health and safety issues, to the extent that such additional rules and regulations are permitted under the home rule powers of the city.
   (g)   Penalty. In addition to any other penalty provided by law, any person who violates any requirement of this section or any rule or regulation promulgated thereunder shall be subject to a fine of not less than $300.00 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, § 16; Amend Coun. J. 6-6-12, p. 28356, § 1B; Amend Coun. J. 5-18-16, p. 24131, § 8; Amend Coun. J. 2-22-17, p. 43916, Art. VIII, § 4)
ARTICLE XII.  AUTOMATIC AMUSEMENT OPERATOR (4-6-120 et seq.)
4-6-120  Automatic amusement operator.
   (a)   Definitions. As used in this section:
   “Automatic amusement device” means any machine, which, upon the insertion of a coin, slug, token, card or similar object, or upon any other payment method, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score, and includes, but is not limited to, such devices as jukeboxes, marble machines, pinball machines, movie and video booths or stands and all games, operations or transactions similar thereto under whatever name by which they may be indicated. Bingo devices are deemed gambling devices and are therefore prohibited for use except as provided by state law. If a machine consists of more than one game monitor which permits individuals to play separate games simultaneously, each separate game monitor shall be deemed an automatic amusement device.
   “Automatic amusement device operator” means any person who conducts or transacts the business of distributing, placing, leasing or selling automatic amusement devices with an agreement to maintain, service or supply such device(s).
   (b)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a regulated business license to engage in the business of automatic amusement operator shall be accompanied by the following information:
      (1)   a statement as to whether the applicant or licensee, as applicable, has ever been convicted, in custody, under parole or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction of a felony of any type or a criminal offense of whatever degree involving tax evasion, tax delinquency, the failure to pay any tax, the use of coercion or other illegal measures to promote the use of automatic amusement devices, fraud, theft, forgery, personal dishonesty or deception.
   (c)   License issuance and renewal prohibited when. No regulated business license to engage in the business of automatic amusement device operator shall be issued to the following persons:
      (1)   any applicant or licensee, as applicable, who has ever been convicted, in custody, under parole or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction of a felony of any type or criminal offense of whatever degree involving tax evasion, tax delinquency, the failure to pay any tax, the use of coercion or other illegal measures to promote the use of any automatic amusement device(s), fraud, theft, forgery, personal dishonesty or deception.
   (d)   Departmental duties. The commissioner of business affairs and consumer protection, the comptroller and the city clerk shall have the authority to promulgate rules and regulations pertaining to automatic amusement devices and to examine all books and records of automatic amusement device operators necessary or appropriate to ensure compliance with the requirements of this section.
   (e)   Legal duties. Each licensee engaged in the business of automatic amusement operator shall have a duty to:
      (1)   pay all taxes required to be paid by such licensee under Chapter 4-156 of this Code;
      (2)   comply with all applicable requirements set forth in Chapter 4-156 of this Code;
      (3)   upon request of the commissioner, the comptroller or the city clerk, make available for examination all books and records of automatic amusement device operators necessary or appropriate to ensure compliance with the requirements of this chapter.
   (f)   Prohibited acts. It shall be unlawful for any licensee engaged in the business of automatic amusement operator to:
      (1)   use coercive or illegal measures to promote the distribution, placement, leasing, selling or use of any automatic amusement device;
      (2)   install any automatic amusement device in any establishment or location that is ineligible under this Code to have such device(s) on its premises.
(Added Coun. J. 5-9-12, p. 27485, § 16)
ARTICLE XIII.  PRIVATE SCAVENGER (4-6-130 et seq.)
4-6-130  Private scavenger.
   (a)   Definitions. As used in this section:
   “Backhauler” has the meaning ascribed to the term in Section 11-5-020.
   “Construction and demolition debris” has the meaning ascribed to the term in Section 11-4-120.
   “Disposal and Recycling Management Company” means any person engaged in the business of managing the removal and disposal of recyclable material, or grease, fats and oils, or table refuse or animal or vegetative matter usually known as garbage, or other wastes other than construction or demolition debris from any premises through the use of scavenger vehicles owned by another person. The term “Disposal and Recycling Management Company” does not include any person who qualifies as a “City-based business” pursuant to Section 2-92-412 or any person engaged in the business of managing the removal and disposal of recyclable material, or construction and demolition debris, or grease, fats and oils, or table refuse or animal or vegetative matter usually known as garbage, or other wastes from any premises pursuant to a contract with the City.
   “Private scavenger” means any person engaged in the removal and disposal of recyclable material, or construction and demolition debris, or grease, fats and oils, or table refuse or animal or vegetative matter usually known as garbage, or other wastes, from any premises where the removal and disposal of such matter is not provided for by the city. The term “private scavenger” includes any Disposal and Recycling Management Company. The term “private scavenger” does not include any: (i) person who gathers, removes or disposes of garbage or other waste from such person’s own premises without the aid of a licensed private scavenger, if such person has received written permission to do so, in the form of a permit issued by the commissioner of streets and sanitation, and such person gathers, removes and disposes of the aforementioned material in the manner specified in such permit; or (ii) person who removes manure from his own premises; or (iii) backhauler meeting the requirements of Article V of Chapter 11-5 of this Code.
   “Recyclable material” has the meaning ascribed to the term in Section 11-5-020.
   “Recycling container” has the meaning ascribed to the term in Section 11-5-020.
   “Refuse container” means any commercial refuse container or compacter as defined in Section 7-28-210.
   (b)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a regulated business license to engage in the business of private scavenger shall be accompanied by the following information:
      (1)   the number of scavenger vehicles that the applicant owns or intends to operate or use in connection with said business;
      (2)   the method of disposal and place of disposal of garbage or other waste being proposed by the applicant;
      (3)   a valid and current inspection approval license, issued by the State of Illinois for each scavenger vehicle used in the conduct of the business;
      (4)   in the case of an applicant that is a Disposal and Recycling Management Company, the name of each person the applicant intends to subcontract with for the removal and disposal of garbage or other waste, and proof establishing that each such person and all vehicles owned and operated by each such person comply with the provisions of this section and all other provisions of this Code and applicable regulations.
   (c)   License issuance and renewal – Prohibited when. No regulated business license to engage in the business of private scavenger shall be issued to the following persons:
      (1)   any applicant or licensee, as applicable, if such person has not obtained an inspection approval license meeting the requirements of subsection (b)(3) or (b)(4) of this article for each scavenger vehicle owned or used in the conduct of the business;
      (2)   any applicant or licensee, as applicable, if the commissioner of streets and sanitation does not approve the adequacy of any recycling program required to be developed and made available by the private scavenger pursuant to subsection (e)(4) of this section;
      (3)   any applicant or licensee, as applicable, who fails to provide proof of compliance with requirements set forth in subsection (e)(5) of this section; or
      (5)*   any licensee under this section who has failed to submit in a timely manner the annual recycling report required under Section 11-5-220 or who has submitted an incomplete report, until such time that the commissioner of streets and sanitation notifies the department that the annual recycling report required under Section 11-5-220 has been filed and is complete.
* Editor's note – Coun. J. 2-22-17, p. 43916, Art. VI, § 1 failed to renumber subsection (5); future legislation will correct if needed.
   (d)   Departmental duties.
      (1)   The commissioner of streets and sanitation shall enforce the provisions of this section. Such commissioner is authorized to (i) issue such reasonable orders in connection with carrying on the business of private scavenger as the commissioner deems necessary to protect the health of the public; and (ii) to issue permits, subject to reasonable terms and conditions as determined by the commissioner, to persons who desire, without the aid of a licensed private scavenger, to gather, remove or dispose of garbage or other waste from such person's own premises.
      (2)   The commissioner of streets and sanitation shall review and approve the adequacy of any recycling program required to be developed and made available by a private scavenger pursuant to subsection (e)(4) of this section.
      (3)   Along with every notice of violation of subsection (e)(12) of this section, the department of streets and sanitation shall provide to the private scavenger a picture of the refuse or recycling container identified in such notice.
      (4)   If a licensee under this section uses a vehicle to conduct the business of private scavenger, the city clerk shall issue to such person, at the time the license is issued, and any time a new vehicle is added to the licensee's fleet, a metal plate or other emblem for each vehicle used to conduct such business. Such plate or emblem shall be stamped or plainly, marked with the words “Chicago Private Scavenger”. Provided, however, that no metal plate or other emblem shall be issued under this section for any vehicle used in said business unless such vehicle has been inspected by the department of streets and sanitation, as evidenced by an inspection approval certificate issued by the department for such vehicle. Provided further, that if the commissioner of streets and sanitation notifies the city clerk that a licensee under this section has failed to submit in a timely manner the annual recycling report required under Section 11-5-220 or has submitted an incomplete report, no metal plate or other emblem shall be issued or renewed under this subsection for any vehicle used in said business until such time that the commissioner of streets and sanitation notifies the city clerk that the annual recycling report required under Section 11-5-220 has been filed and is complete.
   (e)   Legal duties. Each licensee engaged in the business of private scavenger shall have a duty to:
      (1)   remove any recyclable material as defined in Section 11-5-020 or diseased or dead animal, offal, rubbish, garbage, dirt, street-sweepings or other filthy, offensive or noxious substance that the licensee has contracted or undertaken to remove with dispatch and, in every particular, in a manner as clean and free from offense and with as little danger and prejudice to life and health as possible;
      (2)   comply with any reasonable order issued by the commissioner of streets and sanitation pursuant to authority granted to the commissioner under subsection (d)(1)(i) of this section, and to perform the work required of such licensee in such a way that no public nuisance is created;
      (3)   register with the commissioner of streets and sanitation, in the manner directed by the commissioner, each and every scavenger vehicle operated in the city by the licensee;
      (4)   develop and make available to all refuse collection customers an effective recycling program as required by Chapter 11-5 of this Code. Any hauler may subcontract with a recycling service provider, transfer station or other waste control facility to meet these requirements. The program shall be in writing and shall describe the categories of materials to be recycled, the involvement of the scavenger's or hauler's customers in the program, and the means of recycling. Such program shall be reviewed and approved by the commissioner of streets and sanitation. Included in that program shall be the specific measures required to ensure cooperation between the building manager and the municipal solid waste hauler;
      (5)   submit to the commissioner of streets and sanitation an annual recycling report meeting the requirements of Section 11-5-220;
      (6)   replace any scavenger vehicle that becomes unsuitable for the purpose for which it was originally intended with a vehicle of a type acceptable to the commissioner of streets and sanitation;
      (7)   notify the commissioner of streets and sanitation if the licensee suspends service at any location within the City. Such notice shall be in a form specified by the commissioner, and shall identify the licensed scavenger, the address of the location at which service has been suspended, and the name and nature of the business conducted at the location. The notice shall be delivered to the commissioner within three days after suspension of service. Any person who violates this subsection shall be subject to a fine of not less than $200.00 nor more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense;
      (8)   obtain from the city clerk, at the time the license is issued and any time a new vehicle is added to the private scavenger's fleet of vehicles, a metal plate or other emblem for each scavenger vehicle used to conduct the licensed business, and conspicuously display such plate or emblem on each scavenger vehicle used in said business;
      (9)   provide refuse or recycling containers, as applicable, to customers, and paint or otherwise permanently affix on each such container the name and phone number of the licensee;
      (10)   upon suspension by a customer of any contract for private scavenger service, remove any refuse or recycling container provided to the licensee's customer within 30 days of the date on which such suspension occurred;
      (11)   upon termination by a customer of any contract for private scavenger service, remove any refuse or recycling container provided to the licensee's customer within three days of the date on which such termination occurred;
      (12)   be responsible for the appearance of any refuse or recycling container that the private scavenger provides to its customers; deliver any required refuse or recycling container free of graffiti; and remove graffiti from any refuse or recycling container within 15 business days of receiving written notification from the commissioner of streets and sanitation. Provided, however, that from December 1 to March 1, if weather conditions make removal of the graffiti impracticable, the commissioner may, by written order, extend the time for removal of the graffiti to such time when removal would be practicable. Any person who violates this subsection shall be subject to a fine of not less than $100.00 nor more than $300.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense;
      (13)   carry in each of the licensee's scavenger vehicles a rake, broom, shovel or other implement of sufficient strength and durability, which shall be used by the licensee to remove scattered or spilled refuse or recyclable material. The commissioner of streets and sanitation may issue rules specifying the types and conditions of the implements required to be used to comply with this subsection;
      (14)   whenever collecting refuse or recyclable material, completely remove all scattered refuse or recyclable material lying within six feet of the container or container area which the private scavenger is servicing and all refuse or recyclable material dropped or spilled during collection.
   (f)   Prohibited acts. It shall be unlawful for any licensee engaged in the business of private scavenger to:
      (1)   provide any refuse or recycling container to any person who is not a customer of the private scavenger or to whom the private scavenger is not providing service;
      (2)   violate any applicable requirement set forth in Section 7-28-226;
      (3)   violate any applicable requirement set forth in Section 7-28-215;
      (4)   violate any requirement set forth in Article IV of Chapter 11-5 of this Code; or
      (5)   remove any recyclable material from a recycling container located on the public way in violation of Section 11-5-085, unless the licensee is under contract with a refuse collection customer to collect recyclable material from such refuse collection customer.
   (g)   Any licensee that is a Disposal and Recycling Management Company shall be jointly and severally liable with the scavenger service providers with which it contracts for any failure to perform the duties set forth in Section 4-6-130(e) and for violations of Section 4-6-130(f).
   (h)   Construction of section. Nothing in this section shall be construed to conflict with any existing or future provision of this Code concerning the removal and disposal of dirt, filth, litter, garbage, ashes, manure, offal, swill, dead animals, recyclable material and other material from the public way by the city acting through its contractors or otherwise.
(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 11-8-12, p. 38872, § 59; Amend Coun. J. 7-20-16, p. 28694, § 3; Amend Coun. J. 2-22-17, p. 43916, Art. VI, § 1; Amend Coun. J. 4-18-18, p. 75051, § 2; Amend Coun. J. 11-20-19, p. 9510, Art. IV, § 11)
ARTICLE XIV.  SECONDHAND DEALER INCHILDREN'S CLOTHING AND CHILDREN'S PRODUCTS (4-6-140 et seq.)
4-6-140  Secondhand dealer exclusively in children's clothing and children's products.
   (a)   Definitions. As used in this section:
   “Children's clothing” means any item of apparel for use by children under eight years of age.
   “Children's product” means any item of furniture manufactured for use by children under eight years of age, including, but not limited to, any crib, playpen, stroller or child carrier.
   “Deal” or “transaction” means to purchase, sell, receive, trade, place on consignment or otherwise transfer children's clothing or children's products.
   “Secondhand dealer” means any person who engages exclusively in the business of purchasing, selling, receiving, trading, consignment selling or otherwise transferring for value any children's clothing or children's product or combination thereof.
   (b)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a license to engage in the business of secondhand dealer in children's clothing and children's products shall be accompanied by the following information:
      (1)   an affidavit, signed by the applicant or licensee, as applicable, stating that such applicant or licensee will deal exclusively in children's clothing and/or children's products at the location identified in the license application.
   (c)   Legal duties. Each licensee engaged in the business of secondhand dealer in children's clothing and children's products shall have a duty to:
      (1)   obtain and maintain on file on the licensed premises, in paper form, all recall notifications issued over the preceding nine-year period by the United States Consumer Product Safety Commission or its successor organization;
      (2)   make and maintain complete and accurate records, which may include an accessible computer database capable of being printed at the licensee's business location, of every article of secondhand clothing and every children's product that is the subject of a deal or transaction as defined in subsection (a) of this section. The records required under this subsection (c)(2) shall be (i) in English; (ii) typed or printed in ink, which may include a computer printout; and (iii) made at the time the deal or transaction occurs; and (iv) upon request by any city official, made available for inspection by such city official during the licensee's regular business hours.
      (3)   if any property that is the subject of a deal or transaction is determined by the superintendent of police to be stolen property, return such stolen property, free of charge, to its lawful owner.
   (d)   Prohibited acts. It shall be unlawful for any person engaged in the business of secondhand dealer in children's clothing and children's products to:
      (1)   use any property, whether private or public, that is not included within the licensed premises to store, handle or display any secondhand article of children's clothing or children's product;
      (2)   place, or to cause to be placed by any agent, agency, organization or natural person, any unattended receptacle for the purpose of accepting donations of any kind on public or private property without the specific written consent of the alderman of the ward in which the receptacle is placed. In addition to any other penalty provided by law, any person who violates any requirement of this subsection shall be subject to a fine of up to $500.00 per day for up to five calendar days, at which time the illegally placed receptacle may be confiscated and disposed of by the department of streets and sanitation, under the direction of the ward superintendent, who is also authorized to issue tickets to the offending agency or individual;
      (3)   purchase any article of children's clothing or any children's product from any minor without the written consent of such minor's parent or legal guardian. Any such written consent shall be signed in the presence of the licensee or the licensee's agent;
      (4)   purchase any article of children's clothing or any children's product from any person who (i) appears to be intoxicated or under the influence of any drug; or (ii) is known by the licensee to be a thief or to have been convicted of burglary or theft;
      (5)   purchase, sell, receive, trade, place on consignment or otherwise transfer any secondhand article of children's clothing or any children's product before the hour of 6:00 a.m. or after the hour of 9:00 p.m.;
      (6)   purchase, sell, receive, trade, place on consignment or otherwise transfer any children's product that does not contain the manufacturer's original label, tag or other identification. Provided, however, that this requirement shall not apply if the licensee has documentation or photographic evidence establishing the identity of the product manufacturer;
      (7)   erase, obliterate or deface any record required under subsection (c)(2) of this section.
   (e)   Penalty. In addition to any other penalty provided by law, any person who violates any requirement set forth in subsections (c)(1), (c)(2), (d)(3) or (d)(5) of this section or any rule or regulation promulgated thereunder 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. Any violation of this section or any rule or regulation promulgated thereunder on two different days within any 12-month period may result in license suspension or revocation in accordance with the requirements set forth in Section 4-4-280.
(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 6-6-12, p. 28356, § 1B; Amend Coun. J. 11-8-12, p. 38872, § 60)
ARTICLE XV.  JUNK PEDDLER (4-6-150 et seq.)
4-6-150  Junk peddlers.
   (a)   Definitions. As used in this section:
   “Fence” means and includes any place for the purchase, reception or keeping of stolen goods.
   “Junk” means, but is not limited to, old iron; chain; brass; copper; tin; lead or other base metals; old rope; old bags; rags; wastepaper; paper clippings; scraps of woolens; clips; bagging; rubber and glass; empty bottles of different kinds and sizes when the number of each kind or size is less than one gross; all materials, elements and components that have been used or have been purchased to be used in building construction or rehabilitation projects; and all articles and things discarded or no longer in use.
   “Junk” includes items and materials stored for resale with no more processing than sorting, crushing or separation from other items and materials.
   “Junk peddler” means any person who travels, with or without a vehicle, from place to place within the city for the purpose of collecting, transporting or disposing of junk or who makes a business of purchasing junk from anyone who desires to sell it and carries it away upon purchasing it. The term “junk peddler” does not include any person issued a permit to operate a recycling facility under Article XX of Chapter 11-4 of this Code or any agent of such person.
   (b)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a regulated business license to engage in the business of junk peddler shall be accompanied by the following information:
      (1)   a statement as to whether, within three years of the date of application or renewal, the applicant or any controlling person has ever been convicted, in custody, under parole or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction for the commission of a felony or criminal offense of whatever degree involving keeping, conducting, operating or participating in any illegal operation connected with the junk peddler business;
      (2)   the color, make, model, vehicle license plate number and city wheel tax license emblem number of every vehicle used in relation to junk peddling by the applicant;
      (3)   proof of liability insurance for every vehicle used in relation to junk peddling by the applicant, as required by the Illinois Vehicle Code, codified at 625 ILCS 5/1-100 et seq.
   (c)   License issuance and renewal – Prohibited when. No regulated business license to engage in the business of junk peddler shall be issued to the following persons:
      (1)   any applicant or licensee, as applicable, who, within three years of the date of application or renewal, has ever been convicted, in custody, under parole or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction for the commission of a felony or criminal offense of whatever degree involving keeping, conducting, operating or participating in any illegal operation connected with the junk peddler business.
   (d)   Departmental duties.
      (1)   The commissioner of business affairs and consumer protection shall notify the commissioner of health, the commissioner of streets and sanitation and the superintendent of police of the name and junk peddler license number of every junk peddler licensed under this section.
      (2)   The department of business affairs and consumer protection shall issue to each licensee an identification card stating the junk peddler's name, address, telephone number, driver's license number and junk peddler license number.
   (e)   Legal duties. Each licensee engaged in the business of junk peddler shall have a duty to:
      (1)   observe and comply with all provisions of this Code related to use of the public way, solid waste disposal and sanitation;
      (2)   display on each side and the rear of every junk vehicle used for the collection, transportation or disposal of any junk, in letters not less than two inches in height and in contrasting color, the following information: the licensee's name, business telephone number and city junk peddler license number;
      (3)   carry the identification card issued under subsection (d)(2) of this section at all times while the licensee is engaged in the business of junk peddler;
      (4)   upon request by any authorized city official, make available for inspection by such authorized city official or aldermen (i) any goods, article, thing or junk which may have been lost or stolen, or which is alleged to have been lost or stolen; (ii) the licensee's business premises; (iii) any vehicle used in relation to the licensee's business; and (iv) junk;
      (5)   lawfully dispose of junk by hauling or otherwise bringing junk to a junk facility, recycling facility, transfer station, landfill or other solid waste disposal facility properly permitted by the city in accordance with the requirements of Chapter 11-4 of this Code;
      (6)   keep and maintain, in the form of records and receipts, proof of proper disposal of junk.
   (f)   Prohibited acts. It shall be unlawful for any licensee engaged in the business of junk peddler to:
      (1)   engage in the business of a pawnbroker, secondhand dealer or pop-up retail user;
      (2)   park any vehicle used in relation to junk peddling on any residential or business street in violation of Section 9-64-170 of this Code;
      (3)   or operate any vehicle used in relation to junk peddling in such a manner as to present a danger or hazard to pedestrians and/or other vehicles using the public way. Conduct that may create a hazard includes, but is not limited to, operating a vehicle with unsecured loads or disassembling or discarding items on the public way;
      (4)   purchase any article from any minor without the written consent of such minor's parent or guardian, which consent shall be signed in the presence of the licensee or the licensee's agent;
      (5)   purchase any item from a person who (i) appears to be intoxicated or under the influence of any drug; or (ii) is known by the licensee to be a thief or to have been convicted of burglary or theft;
      (6)   engage in any illegal activity or violate any state law related to stolen goods;
      (7)   transact business before the hour of 6:00 a..m. or after the hour of 9:00 p.m.;
      (8)   purchase, collect, transport or dispose of any catalytic converter that is not attached to a motor vehicle, or any portion of a dismantled catalytic converter that is reasonably identifiable as such;
      (9)   remove any recyclable material from a recycling container located on the public way in violation of Section 11-5-085.
   (g)   Penalty. In addition to any other penalty provided by law, any person who violates any provision of this section or any rule or regulation promulgated thereunder 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, such violation may be punishable as a misdemeanor by incarceration in the county jail for a term of not less than 7 days nor more than 180 days 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, § 16; Amend Coun. J. 6-6-12, p. 28356, § 1B; Amend Coun. J. 11-8-12, p. 38872, § 61; Amend Coun. J. 5-6-15, p. 108540, § 1; Amend Coun. J. 7-20-16, p. 28694, § 2; Amend Coun. J. 9-20-18, p. 84293, § 2)
ARTICLE XVI.  DEBT COLLECTORS (4-6-160 et seq.)
4-6-160  Debt collectors.
   (a)   Definitions. As used in this section:
   “Consumer debt” means money, property, or their equivalent, due or owing, or alleged to be due or owing, from a debtor by reason of a consumer credit transaction.
   “Debt collection” means any act or practice in connection with the collection of consumer debt.
   “Debt collector” means any person who in the ordinary course of business, on behalf of himself or others, regularly engages in consumer debt collection. A “debt collector” does not include any person exempt from registration as a debt collector pursuant to Section 2.03 of the Illinois Collection Agency Act, 225 ILCS 425/2.03.
   “Debtor” means any natural person who resides in the city and from whom a debt collector seeks to collect consumer debt.
   (b)   Legal duties. Each licensee engaged in the business of a debt collector shall have the following duties:
      (1)   comply with all applicable state and federal laws and regulations regulating the collection of consumer debt, including, but not limited to, the Fair Debt Collection Act, 15 U.S.C. § 1692, the Illinois Collection Agency Act, 225 ILCS 425/1, and the Consumer Fraud and Deceptive Practices Act, 815 ILCS 505/1.
      (2)   (A)   unless otherwise restricted or prohibited from communicating with the debtor by state or federal law, within five days of the initial communication with a debtor in connection with the collection of consumer debt, a debt collector shall, unless the following information was contained in the initial communication or the debtor has paid the consumer debt, send the debtor a written notice with each of the following disclosures:
            (i)   the amount of the consumer debt;
            (ii)   the name of the creditor to whom the consumer debt is owed;
            (iii)   that, unless the debtor, within 30 days after receipt of the notice, disputes the validity of the consumer debt, or any portion thereof, the debt collector will assume the consumer debt to be valid;
            (iv)   that, if the debtor notifies the debt collector in writing within the 30-day period that the consumer debt, or any portion thereof, is disputed, the debt collector will obtain verification of the consumer debt or a copy of a judgment against the debtor and will mail a copy of the verification or judgment to the debtor;
            (v)   that, upon the debtor's written request within the 30-day period, the debt collector will provide the debtor with the name and address of the original creditor, if different from the current creditor.
   If the disclosures are placed on the back of the notice, the front of the notice shall contain a statement notifying the debtors of the fact.
         (B)   If the debtor notifies the debt collector in writing within the 30-day period set forth in subsection (b)(2)(A) that the consumer debt, or any portion thereof, is disputed or that the debtor requests the name and address of the original creditor, the debt collector shall cease collection of the consumer debt, or any disputed portion thereof, until the debt collector obtains verification of the consumer debt or a copy of a judgment or the name and address of the original creditor and mails a copy of the verification or judgment or name and address of the original creditor to the debtor.
   For purposes of this subsection (b)(2), verification of the consumer debt shall include a statement of account that: (i) itemizes the interest, charges and fees claimed to be owed prior to the charge-off, the original charge-off balance, and the principal balance, if different from the charge-off balance; (ii) itemizes any interest, charges or fees claimed to be owed after the charge-off balance; and (iii) identifies and describes the basis of the debtor's obligation to pay.
      (3)   unless otherwise prohibited by state or federal law, commencing on July 1, 2013, a debt collector shall maintain a separate file, either in electronic or paper format, for each consumer debt that: the debt collector attempts to collect from each debtor, in a manner that is searchable by the name, address and zip code of the debtor and the creditor who originated the consumer debt which the debt collector is seeking to collect. Each file shall contain the following records:
         (i)   a record of all written communications with the debtor; provided that the debt collector shall produce a copy of any written communication with the debtor, in a manner and time, as requested or required by the commissioner;
         (ii)   a record of each payment received from the debtor that states the date of receipt, the method of payment and the consumer debt to which the payment was applied;
         (iii)   a copy of the consumer debt payment schedule or settlement agreement reached with the debtor to pay the consumer debt; and
         (iv)   with regard to any consumer debt that the debt collector has purchased, a record of the name and address of the entity from which the debt collector purchased the consumer debt, the date of the purchase and the amount of the consumer debt at the time of purchase.
   (c)   License revocation – Four-year wait for new license. No person whose debt collector license under this chapter is revoked for any cause shall be granted a license under this section, under the same or different name, for a period of four years from the date of revocation.
   (d)   Regulations. The commissioner shall have the authority to promulgate rules and regulations necessary to implement this section.
   (e)   Violation – Penalty. In addition to any other penalty provided, any person who violates this section or any rule or regulation promulgated hereunder shall be fined not less than $250.00 nor more than $2,500.00 for the first offense and not less than $500.00 nor more than $5,000.00 for a second or any subsequent offense during any 12-month period. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 1-17-13, p. 45326, § 1)
Editor's note – Coun. J. 11-8-12, p. 38872, §§ 62, 63, repealed a former § 4-6-160, which pertained to funeral businesses.
ARTICLE XVII.  HOSPITAL (4-6-170 et seq.)
4-6-170  Hospitals.
   (a)   Definitions. As used in this section:
   “Hospital” has the meaning ascribed to the term in Section 85/3 of the Hospital Licensing Act, codified at 210 ILCS 85/1 et seq. Provided, however, that the term “hospital” shall not refer to any facility operated by any federal, state, county or local government or any agency thereof.
   (b)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a regulated business license to engage in the business of hospital shall be accompanied by the following information:
      (1)   proof that the applicant holds a current and valid license issued by the State of Illinois;
      (2)   a statement setting forth (i) the location or proposed location of the hospital; (ii) the purpose of the hospital; (iii) whether the hospital is for-profit or not-for-profit; (iv) if the hospital is not-for-profit, whether such not-for-profit hospital qualifies for a disproportionate share adjustment consistent with Section 148.120 of Subchapter d of Chapter 1 of Title 89 of the Illinois Administrative Code, as amended, codified at 89 Ill. Adm. Code § 148.120; (v) the nature of the treatment given or proposed to be given at the hospital; and (vi) the name and address of the chief physician or chief executive officer;
      (3)   any other information that may be required by the department or in rules and regulations promulgated by the board of health.
   (c)   License issuance and renewal – Prohibited when. No regulated business license to engage in the business of hospital shall be issued to the following persons:
      (1)   any applicant or licensee, as applicable, who does not hold a current and valid license issued by the State of Illinois pursuant to the Hospital Licensing Act.
   (d)   Departmental duties – Inspections.
      (1)   The president of the board of health may convene, at his or her discretion, a health facilities review board. Such board shall be composed of the president of the board of health, the commissioner of the department of planning and development, and other individuals who may be appointed at the discretion of the president of the board of health. The board may make recommendations to the city council relating to the construction of new hospital buildings, proposed closings of hospitals, and alterations to buildings now being used as hospitals.
      (2)   The commissioner of health, the fire commissioner, the executive director of emergency management and communications, the commissioner of business affairs and consumer protection and their respective designees are authorized: (1) to inspect, at reasonable hours or in case of an emergency, any hospital licensed or required to be licensed under this chapter for the purpose of determining compliance with the requirements of subsection (e)(6) of this section; and (2) to examine the applicable books and records of any person licensed or required to be licensed under this chapter in order to corroborate the quantities of hazardous chemicals reported or required to be reported by the owner or operator of the facility under Section 11-4-1200.
   (e)   Legal duties. Each licensee engaged in the business of hospital shall have a duty to:
      (1)   comply with the Illinois Hospital Licensing Act and any rules and regulations promulgated thereunder;
      (2)   comply with all applicable building provisions and fire regulations of this Code and with any rules and regulations promulgated thereunder. Failure to comply with such provisions and regulations shall be grounds for license suspension or revocation in accordance with Section 4-4-280;
      (3)   report immediately to the department of police, when a person who is not accompanied by a Chicago police officer, requests treatment for any of the following injuries:
         i.   any injury resulting from the discharge of a firearm;
         ii.   any injury or wound apparently inflicted by any object used as a weapon;
         iii.   any injury sustained in the commission of or as a victim of a criminal offense;
         iv.   any animal or human bite;
         v.   any poisoning;
         vi.   any injury sustained on public property;
         vii.   any injury in which a moving motor vehicle was involved;
         viii.   any injury of any cause where it is evident that death will probably ensue as a direct result thereof, or when death has resulted.
   Provided, however, that the hospital shall not be responsible for an inaccurate report if such report is based on inaccurate information provided by the patient or a person accompanying the patient.
      (4)   Upon reporting a rape, an attempted rape or other felonious sex crime to the police, take the following actions:
         (a)   The victim shall be taken to the nearest hospital designated for the comprehensive emergency treatment of patients as defined in the Illinois Hospital Licensing Act and approved by the board of health;
         (b)   The victim shall be taken into the hospital through an entrance appropriate to the maintenance of privacy;
         (c)   The victim shall receive an immediate preliminary physical examination by the attending physician to identify and treat any emergencies other than the rape, such as fractures, knife wounds, contusions or lacerations;
         (d)   The consenting victim will be interviewed by a trained hospital staff member in a private setting. The hospital staff member will evaluate and counsel the victim and advise follow-up care for the victim, either through the receiving hospital or through the appropriate outside agencies;
         (e)   The hospital staff member, with consent of the victim, will remain with the victim during the preliminary police investigation primarily to provide support to the victim and to also assist the police in obtaining information needed to properly carry out their investigation;
         (f)   During this period, the name of the victim and the circumstances attendant to the incident will not be publicized by the hospital, the police department or any other agency. The hospital staff member will so inform the victim;
         (g)   The consenting victim will be examined by a qualified medical professional who will fill out a prescribed form detailing the time, date, place and findings of the examination, and note the location of any contusions, abrasions, bruises and lacerations;
         (h)   With the victim's written consent, a copy of the prescribed form will be furnished to the appropriate investigating police officer, the State's Attorney, and the venereal disease section of the Chicago Board of Health when appropriate. Within seven days the form will be typewritten, signed by the examining medical professional and furnished upon request to the aforementioned agencies;
         (i)   The consenting victim will be furnished with anticonception and antivenereal disease treatment, unless contraindicated for medical reasons;
         (j)   The comprehensive hospital will accept any alleged victim who appears without police assistance. Such hospitals will continue to notify the police department in accordance with the requirements set forth in subsection (e)(3) of this section. The hospital will then follow the procedure heretofore enumerated;
      (5)   report to the department of health, as such department may require from time to time in rules and regulations duly promulgated by the commissioner of health. All such reports shall be furnished to the department of health on forms prepared by such department and the truthfulness and accuracy of the contents thereof shall be verified and signed by the chief physician or administrator of the applicable hospital;
      (6)   keep and maintain on file, for a period of not less than three years, all written materials used to document the quantity of each hazardous chemical present at the hospital, if such chemical is present at the hospital in an amount that exceeds the threshold level for reporting as established by regulations promulgated under Title III of the Superfund Amendments and Reauthorization Act of 1986, codified at 42 U.S.C. 11001, et seq. In addition to any other penalty provided by law, a single violation of this subsection may result in license suspension or revocation in accordance with Section 4-4-280 of this Code;
      (7)   upon request, to make the records required under this section available for inspection, during regular business hours or in case of emergency, by any city official charged with responsibility for enforcing this chapter.
   (f)   Prohibited acts. It shall be unlawful for any licensee engaged in the business of hospital to:
      (1)   deny to any person admission or treatment on account of such person's race, color, creed, national origin or ancestry. The requirements of this subsection shall apply to the licensed hospital, as well as to it employees and agents.
   (g)   Regulations.
      (1)   Pursuant to Section 2-112-100 of the Code, the board of health may adopt and enforce rules and regulations relating to the operation and conduct of hospitals licensed under this chapter. Pursuant to Section 2-112-160 of the Code, the board of health shall enforce all rules relating to the operation of hospitals promulgated by any federal, state, or local authority with the power to make such rules.
      (2)   The board of health shall adopt and publish rules and regulations regarding facilities rendering care and services in maternity, perinatal and neonatal cases. Such rules and regulations shall comply with all applicable State of Illinois laws and rules and regulations regarding maternity care, and with the guidelines established by the American Academy of Obstetricians and Gynecologists (A.A.O.G.) for perinatal care.
      (3)   The board of health shall adopt and publish rules and regulations regarding the reporting of trauma care cases to the department of health.
((Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 11-8-12, p. 38872, § 64; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 12)
ARTICLE XVIII.  HOTEL (4-6-180 et seq.)
4-6-180  Hotel.
   (a)   Definitions. As used in this section:
   “Anti-sexual harassment policy” means the written policy required under subsection (e)(2) of this section.
   “Employee(s)” means any natural person who works full time or part time at a hotel for or under the direction of the licensee or any subcontractor of the licensee for wages or salary or remuneration of any type under a contract or subcontract of employment, whether express or implied.
   “Guest” means any invitee to a hotel, including registered guests, persons occupying guest rooms with registered guests, visitors invited to guest rooms by a registered guest or other occupant of a guest room, persons patronizing food or beverage facilities provided by the hotel, or any other person whose presence at the hotel is permitted by the licensee. The term “guest” does not include employees.
   “Guest room” means any room made available by a hotel for overnight occupancy by guests.
   “Hotel” means any building or structure kept, used, maintained as, advertised or held out to the public to be an inn, hotel, motel, family hotel, apartment hotel, lodging house, dormitory or other place, where sleeping or rooming accommodations are furnished for hire or rent, and in which seven or more sleeping rooms are used or maintained for the accommodation of guests, lodgers or roomers. The term “hotel” shall not include “single-room occupancy buildings”, “bed-and-breakfast establishments”, “vacation rentals” or “shared housing units” licensed or registered, or required to be licensed or registered, by the city.
   “Panic button” or “notification device” means a portable emergency contact device that is designed so that an employee can quickly and easily activate such button or device to effectively summon to the employee's location prompt assistance by a hotel security officer, manager or other appropriate hotel staff member designated by the licensee.
   “Restroom” means any room equipped with toilets.
   “Sexual harassment” means any unwelcome sexual advance, request for sexual favors, or other verbal or physical conduct of a sexual nature.
   (b)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a regulated business license to engage in the business of hotel shall be accompanied by the following information:
      (1)   A statement as to whether, within ten years prior to the date of application or renewal, the applicant or any controlling person has ever been convicted, in custody, under parole or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction for the commission of any forcible felony, as defined in Section 2-8 of the Criminal Code of 1961, codified at 720 ILCS 5/1-1.
      (2)   A statement verifying the functional presence of an Automated External Defibrillator (AED) as defined in 410 ILCS 4/10, et seq. (The Automated External Defibrillator Act) in each Hotel as required under Chapter 7-52 of the Municipal Code of Chicago entitled the Hotel AED Ordinance.
   (c)   License issuance and renewal – Prohibited when. No regulated business license to engage in the business of hotel shall be issued to the following persons:
      (1)   Any applicant or licensee, as applicable, who, within ten years of the date of application or renewal, has ever been convicted, in custody, under parole or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction for the commission of any forcible felony, as defined in Section 2-8 of the Criminal Code of 1961, codified at 720 ILCS 5/1-1.
   (d)   Departmental duties.
      (1)   The department of buildings shall inspect each licensed hotel at least twice every year. Such inspection shall verify that the premises comply in all respects with the ventilation, sanitary, fire prevention and building provisions of this Code and the laws of the State of Illinois pertaining to such establishments. If, within the 12-month period prior to the date of any such bi-annual inspection, the hotel was inspected by the department of buildings in connection with a periodic inspection, code compliance inspection or certificate of occupancy, such inspection shall be deemed to meet the inspection requirement set forth herein. The department of health, fire department and department of buildings are authorized to conduct such additional inspections as they deem necessary to maintain health and safety.
      (2)   The superintendent of police shall, when making a report relative to criminal activity on or immediately adjacent to the licensed establishment (1) conduct an investigation to determine whether a public nuisance within the meaning of subsection (e)(2) of this section occurred at the establishment or on immediately adjacent property; and (2) prepare a written investigative report summarizing the findings of such investigation and recommending appropriate legal and administrative action which may be taken in response to such public nuisance, including, but not limited to, license suspension or revocation; and (3) transmit the investigative report, within 48 hours of the incident identified in the police report, to the commissioner of business affairs and consumer protection and corporation counsel for further action as warranted. Upon request by any alderman or city council committee, the corporation counsel shall make the report submitted pursuant to this subsection available to such alderman or city council committee for review.
      (3)   Investigations to enforce the provisions of subsection (e) of this section may be conducted, as appropriate, by the Department of Business Affairs and Consumer Protection or Chicago Commission on Human Relations (“CCHR”). Investigations to enforce subsection (f)(3) of this section shall be conducted by CCHR.
   (e)   Legal duties. Each license engaged in the business of hotel shall have a duty to:
      (1)   equip employees who are assigned to clean or to inventory, inspect or restock supplies in a guest room or restroom, under circumstances where no other employee is present in such room, with a panic button or notification device. The employee may use the panic button or notification device to summon help if the employee reasonably believes that an ongoing crime, sexual harassment, sexual assault or other emergency is occurring in the employee’s presence. Panic buttons and notification devices shall be provided by the licensee at no cost to the employee;
Editor’s note – Pursuant to Coun. J. 10-11-17, p. 57510, § 4, subsection (e)(1) shall take full force and effect on July 1, 2018.
      (2)   develop, maintain and comply with a written anti-sexual harassment policy to protect employees against sexual assault and sexual harassment by guests. Such policy shall: (a) encourage employees (“complaining employee”) to immediately report to the licensee instances of alleged sexual assault and sexual harassment by guests (“offending guest”); (b) describe the procedures that the complaining employee and licensee shall follow in such cases; (c) instruct the complaining employee to cease work and to leave the immediate area where danger is perceived until hotel security personnel or members of the Police Department arrive to provide assistance; (d) offer temporary work assignments to the complaining employee during the duration of the offending guest's stay at the hotel, which may include assigning the employee to work on a different floor or at a different station or work area away from the offending guest; (e) provide the complaining employee with necessary paid time off to: (i) sign a complaint with the Police Department against the offending guest, and (ii) testify as a witness at any legal proceeding that may ensue as a result of such complaint, if the complaining employee is still in the licensee's employ at the time such legal proceeding occurs; (f) inform the employee that the Illinois Human Rights Act, Chicago Human Rights Ordinance and Title VII of the Civil Rights Act of 1964 provide additional protections against sexual harassment in the workplace; and (g) inform the employee that subsection (f)(3) of this section makes it illegal for an employer to retaliate against any employee who reasonably uses a panic button or notification device, or in good faith avails himself or herself of the requirements set forth in subsection (e)(2)(c), (e)(2)(d), (e)(2)(e) of this subsection, or discloses, reports or testifies about any violation of this section or rules promulgated thereunder. Nothing in this subsection (e)(2) shall be construed to relieve the licensee from compliance with Section 4-4-306; and
      (3)   provide all employees with a current copy in English, Spanish and Polish of the hotel's anti-sexual harassment policy, and post such policy in English, Spanish and Polish in conspicuous places in areas of the hotel, such as supply rooms or employee lunch rooms, where employees can reasonably be expected to see it.
   (f)   Prohibited acts. It shall be unlawful for any licensee engaged in the business of hotel to:
      (1)   (i)   rent any sleeping room by the hour or for any period of fewer than ten consecutive hours; or (ii) rent any sleeping room more than once within any consecutive ten hour period measured from the commencement of one rental to the commencement of the next; or (iii) advertise an hourly rate or any other rate for a sleeping room based on a rental period of fewer than ten consecutive hours. Provided, however, that clauses (i) and (ii) shall not apply to any hotel that is located within the central area as defined in Section 10-32-220(1) of this Code, or within three miles of property used for airport purposes at the Chicago O'Hare International Airport, Midway Airport or within 1.5 miles of the McCormick Place complex. Any person who violates any requirement of this subsection 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.
      (2)   knowingly permit prostitution, pimping, gambling or illegal possession or delivery of, or trafficking in, controlled substances or other drugs, including cannabis, to occur on or immediately adjacent to the licensed establishment; or to fail to discover such illegal acts on or immediately adjacent to the licensed establishment under circumstances in which a reasonable person, exercising ordinary care and diligence, would infer that such activity is taking place; or to fail to report to the police in a timely manner any criminal activity occurring on or immediately adjacent to the licensed establishment, if such criminal activity is observed by or reported to the licensee. Provided, however, that it shall be an affirmative defense to any prosecution under this subsection if the licensee immediately notified the police of the public nuisance occurring on or immediately adjacent to the licensed establishment. For purposes of this subsection, the term “licensee” also includes employees and agents of the licensee.
      (3)   retaliate against any employee for: (i) reasonably using a panic button or notification device, or (ii) availing himself or herself of the requirements set forth in subsection (e)(2)(c), (e)(2)(d) or (e)(2)(e) of this section, or (iii) disclosing, reporting, or testifying about any violation of this section or any rule promulgated thereunder. Any complaint alleging a violation of this subsection (f)(3) shall be filed by the aggrieved party with the Chicago Commission on Human Relations (“CCHR”) no later than 300 days after the occurrence of the alleged violation and in accordance with rules duly promulgated by the Commissioner of CCHR. Two or more adjudged violations of this subsection (f)(3) within any 12-month period may result in license suspension or revocation in accordance with Section 4-4-280. Provided, however, that: (A) the subject matter of any such disciplinary hearing or proceeding under Section 4-4-280 shall be limited to the issue of whether the required number of adjudged violations of this subsection (f)(3) occurred within any 12-month period; (B) the licensee shall not be permitted at such disciplinary hearing or proceeding to challenge the adjudged violations themselves, nor any underlying facts asserted or determined therein; and (C) no fines shall be imposed on the licensee as a result of such disciplinary hearing or proceeding under Section 4-4-280.
   (g)   Penalty – License revocation – One year wait for new license – Exceptions.
      (1)   Except as otherwise provided in subsection (f)(3)(C) of this section, and in addition to any other penalty provided by law, any person who violates this section or any rule promulgated thereunder shall be subject to a fine of 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.
      (2)   If a regulated business license to engage in the business of hotel is revoked for cause, no license shall be granted to any person for the operation of a hotel at the premises described in the revocation order for a period of one year from the date of revocation. Provided, however, that this subsection shall not apply to any hotel located within the City's central business district, as defined in Section 9-4-010 of this Code; or within three miles of property used for airport purposes at the Chicago O'Hare International Airport; or within the McCormick Place complex.
(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 6-6-12, p. 28356, § 1B; Amend Coun. J. 11-8-12, p. 38872, § 65; Amend. Coun. J. 6-22-16, p. 27712, § 5; Amend Coun. J. 2-22-17, p. 43916, Art. VIII, § 5; Amend Coun. J. 10-11-17, p. 55898, § 1; Amend Coun. J. 10-11-17, p. 57510, § 1; Amend Coun. J. 6-27-18, p. 80805, § 1; Amend Coun. J. 12-12-18, p. 93551, § 3)
ARTICLE XIX.  BOARD-UP COMPANY (4-6-190 et seq.)
4-6-190  Board-up company.
   (a)   Definitions. As used in this section:
   “Board-up company” means any person who, for direct or indirect compensation, does board-up work or contracts with others to do board-up work or solicits contracts for board-up work. The term “board-up company” does not include (1) employees of any person licensed under this chapter working within the scope of their employment; or (2) any public insurance adjuster licensed by the State of Illinois pursuant to the Illinois Insurance Code for work other than the performance of board-up work.
   “Board-up work” means the temporary placement of boards or other material over any opening in a building or other structure in order to protect the interior of the building or structure from damage or unauthorized entry.
   (b)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a regulated business license to engage in the business of board-up company shall be accompanied by the following information:
      (1)   a description of the type of board-up work and board-up work solicitation in which the applicant will engage;
      (2)   a statement as to whether, within five years prior to the date of application or renewal, the applicant or any controlling person has ever been convicted, in custody, under parole or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction for the commission of any felony or criminal offense of whatever degree involving theft, fraud, misrepresentation, dishonesty or deception of any kind;
      (3)   if applicable, the name and address of the principal location from which the applicant has performed board-up work or board-up solicitation any time within five years prior to the date of application or renewal;
      (4)   proof of insurance, as required by subsection (e)(1) of this section.
   (c)   License issuance and renewal – Prohibited when. No regulated business license to engage in the business of board-up company shall be issued to the following persons:
      (1)   any applicant or licensee, as applicable, who, within five years of the date of application has ever been convicted, in custody, under parole or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction for the commission of any felony or criminal offense of whatever degree involving theft, fraud, misrepresentation, dishonesty or deception of any kind, unless, upon the request of such person, the commissioner determines that such person has been substantially rehabilitated to warrant the public trust. The burden of proof of substantial rehabilitation shall be on the person seeking such rehabilitation;
      (2)   any applicant whose license under Title 4 to engage in the business of board-up company has been revoked for cause at any time;
      (3)   any applicant who knowingly files false or incomplete information or signatures on any board-up company application submitted pursuant to subsection (b) of this section.
   (d)   Departmental duties.
      (1)   The provisions of this section shall be enforced by the department of business affairs and consumer protection and by the fire department.
   (e)   Legal duties. Each licensee engaged in the business of board-up company shall have a duty to:
      (1)   maintain in full force and effect at all times throughout the duration of the license period commercial general liability insurance with limits of not less than $300,000.00 per occurrence, for bodily injury, personal injury and property damage arising in any way from the issuance of the license or activities conducted pursuant to the license. The policy of insurance required under this section shall: (i) be issued by an insurer authorized to insure in Illinois; (ii) name the City of Chicago as an additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the licensee's operations; and (iii) include a provision requiring 30 days' advance notice to the commissioner prior to cancellation or lapse of the policy. Proof of insurance shall be kept on the licensed premises, and, upon request by any authorized city official, shall be made available for inspection by such authorized city official. A single violation of this subsection shall result in license suspension or revocation in accordance with Section 4-4-280;
      (2)   before any board-up work begins, give to the customer a written estimate of the total cost of the board-up work and any other work to be done by the board-up company. The word “estimate” shall be conspicuously placed on the document. The estimate shall be signed by the licensee or by such licensee's agent or employee and shall contain the licensee's name, business address, business telephone number and board- up company license number. Such written estimate shall state the total estimated cost of the following items: (i) parts listed with reasonable particularity and identified by a brand name or the equivalent; (ii) labor; (iii) incidental services; and (iv) charges, if any, for making such estimates;
      (3)   record on an invoice all work and services provided by the board-up company. Such invoice shall state the board-up company's name, address and board-up company license number and shall contain a detailed description of all board-up work that was done and all other work or services performed or provided by the board-up company, all parts supplied, and the exact charge for each part or service. One copy of the invoice required under this subsection (e)(3) shall be given to the customer upon completion of all work and services;
      (4)   notify the customer and obtain prior written approval before performing any work that will result in charges in excess of the amount specified in the original estimate. In no event shall a customer be required to pay more than the amount specified in the original estimate if the customer did not receive notification of, and approve in writing, any additional costs not reflected in the original estimate.
   (f)   Prohibited acts. It shall be unlawful for any licensee engaged in the business of board-up company to:
      (1)   commence board-up work without first having received written authorization to proceed from the owner, or an agent of the owner, of the building or structure that is the subject of the board-up work or from the owner's agent;
      (2)   do any of the following acts without written permission from the Chicago Fire Department's Office of Fire Investigation, if the premises that is the subject of the board-up work was damaged by fire or by an explosion and is being investigated by the Office of Fire Investigation: (i) make any physical alteration to the electrical system; or (ii) use a generator to produce electricity; or (iii) move or remove any object from within the interior of the building or structure. In no circumstances shall any electrical connection, disconnection or alteration be made to the electrical system except by a licensed electrician;
      (3)   interfere in any way with the conduct of any investigation by any governmental authority;
      (4)   represent the licensee or his agent or employee in any way to be a member of a fire department, a police department or any other governmental agency in order to solicit board-up work or to influence, persuade or induce any person to authorize the performance of board-up work;
      (5)   act as or claim to be an insurance adjuster unless licensed as such by the State of Illinois;
      (6)   enter into any unconscionable agreement or contract.
   (g)   Penalty.
      (1)   In addition to any other penalty provided by law, any person who violates any provision of this section or any rule or regulation promulgated thereunder shall be subject to a fine of not less than $500.00 nor more than $1,500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
   (h)   Rules. The commissioner of business affairs and consumer protection and the fire commissioner shall have the authority to promulgate reasonable rules and regulations necessary to implement the requirements of this section.
(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 6-6-12, p. 28356, § 1B; Amend Coun. J. 11-8-12, p. 38872, § 66; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 3; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 3)
ARTICLE XX.  DRY CLEANER (4-6-200 et seq.)
4-6-200  Dry cleaner.
   (a)   Definitions. As used in this section:
   “Dry cleaner” means any person keeping or using more than two quarts of any solvent other than water, including, but not by way of limitation, solvents of the petroleum distillate type, coal tar distillate type or chlorinated hydrocarbon type, for the purpose of cleaning or renovating wearing apparel, fabrics, textiles, drapes, curtains, rugs, blankets, furs, leather or other material, for profit or reward. The term shall also include self-service coin-operated dry cleaning establishments.
   “Flammable liquid” has the meaning ascribed to the term in Section 15-24-020.
   (b)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a regulated business license to engage in the business of dry cleaner shall be accompanied by the following information:
      (1)   whether the business will be operated as a full service or self-service coin-operated dry cleaner;
      (2)   proof of arrangements for the disposal of all cleaning solvents and other nonrefuse waste by a properly licensed waste hauler. Such proof may consist of a copy of the contract with, recently dated manifests of, or an affidavit from, the waste hauler who will be responsible for the removal and handling of such waste;
      (3)   if the application is for an initial license for a self-service coin-operated dry cleaner, proof that the applicant has submitted to the building commissioner a complete and explicit set of plans and specifications of the building in which the dry cleaning establishments establishment will be located and a complete diagram of the floor plan of each room to be occupied by such dry cleaning establishments establishment, correctly showing the arrangement or setting of all machinery an