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(a) Definitions. As used in this section:
“Boot” or “booting” or “booting operation(s)” means the act of placing on a parked motor vehicle any mechanical device that is designed to be attached to a wheel or tire or other part of such vehicle so as to prohibit the vehicle's usual manner of movement.
“Motor vehicle” means every vehicle which is propelled by a motor.
(b) (1) License required. No person shall engage in the business of booting without first having obtained a license under this section.
(2) Registration – Separate registration fee – Required. A separate registration, and payment of a separate one-time registration fee of $100.00, shall be required for each location where a licensee conducts booting operations. Prior to engaging in booting operations at any location, the licensee shall register such location with the department. Such registration shall include: (i) the licensee's name and license number; (ii) the address of the location where booting operations will be conducted; (iii) the name, address and telephone number of the owner of the property where booting operations will be conducted; (iv) a copy of the written agreement authorizing booting locations at that location, as required under subsection (f)(2) of this section; (v) payment of the registration fee required under this subsection (b)(2); and (vi) any other information that the Commissioner may reasonably require to enforce this section. The information contained in each such registration shall be kept current by the licensee. If a licensee discontinues booting operations at any location registered with the department, the licensee shall notify the department of such fact within 10 business days of the date of such discontinuation.
(3) Exemptions. The requirements of this section shall not apply to the booting of a motor vehicle by the City of Chicago or any other governmental entity, or to any person acting under the direction of the City of Chicago or any other governmental entity, when booting of a motor vehicle is authorized by any law or any rule promulgated thereunder.
(c) 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 booting shall be accompanied by the following information:
(1) proof of commercial general liability insurance, as required under subsection (f)(1) of this section;
(2) a statement as to whether, within three years of the date of application or renewal, (i) the applicant, or (ii) any employee or agent of the applicant who physically installs or removes booting devices or receives payment for removing booting devices, 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 of any type;
(3) an accurate list of all locations where the licensee conducts booting Operations;
(4) a toll-free 24-hour telephone hotline meeting the requirements of paragraph (15) of subsection (f) of this section.
(d) Departmental duties.
(1) The commissioner shall notify the superintendent of police and district police commanders within the affected service area of all licenses issued under this section.
(e) License issuance and renewal – Prohibited when. No license to engage in the business of booting shall be issued to the following persons:
(1) any applicant or licensee, as applicable, if, within three years of the date of application or renewal, (i) such applicant or licensee, or (ii) any employee or agent of such applicant or licensee who physically installs or removes booting devices or receives payment for removing booting devices, 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 of any type.
(2) any applicant or licensee, as applicable, who is found liable of misrepresenting or falsifying his or her criminal history or that of any employee or agent within the meaning of subsection (e)(1) of this section.
(f) Legal duties. Each licensee engaged in the business of booting 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 $1,000,000.00 per occurrence, for bodily injury, personal injury and property damage, arising in any way from the issuance of a license or activities conducted pursuant to the license. The policy of insurance required under this subsection shall: (i) be issued by an insurer authorized to insure in the State of 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. 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;
(2) conduct booting operations exclusively on private property, and only pursuant to a written agreement with the owner or manager of the property;
(4) remove, upon discontinuation of booting operations at a property, the signs required under subsection (f)(3) of this section. The licensee, the property owner and the property manager shall be jointly and severally liable for any violation of this subsection;
(5) station, at each location where a licensee conducts booting operations, at least one employee or agent to install and remove boots and to receive payments of any fees assessed pursuant to paragraph (10) of this section. Each such employee or agent shall: (i) wear a uniform, which may consist of a coat or vest, that: (a) includes the licensed company's name, (b) includes the employee's or agent's name, as applicable, and (c) clearly identifies such person as an employee or agent of the licensee; (ii) wear, in a conspicuous manner, an identification placard clearly displaying the name of such employee or agent, and displaying the name, address and telephone number of the licensee; and (iii) carry, on his or her person, a copy of the license issued under this section. Prior to leaving the location where booting operations are conducted, the employee or agent stationed at the location shall remove all boots from vehicles at that location;
(6) place on the windshield of every vehicle that is booted a copy of the “Consumer Bill of Rights”, using text provided by the department, and to make copies of this document available to persons upon request;
(7) keep copies of the “Consumer Bill of Rights” at the licensed premises and, upon request by any person, to make copies of this document available to such person;
(8) maintain sufficient copies of this Section 4-6-230 for distribution to any person requesting a copy of this ordinance;
(9) immediately remove a boot from any motor vehicle, at no charge, if the owner of the motor vehicle returns prior to complete attachment of the boot;
(10) have available means of collecting any fees, via cash and credit card, at each and every location where a booting operation is conducted;
(11) notify the Chicago Police Department of any booted vehicle that remains in a lot or garage for over 24 hours;
(12) maintain at the licensee's place of business minimum business hours of 9:00 a.m. to 5:00 p.m., Monday through Friday;
(13) provide the owner of a booted vehicle with a legible receipt, which shall indicate: (i) the date and time the boot was placed on the vehicle; (ii) the date and time the owner returned to the vehicle; and (iii) the date and time the boot was removed from the vehicle. Such receipt shall include the name of the person who installed the boot and shall clearly state that the owner has the option to pay any fees assessed in connection with the booting operation by credit card. The licensee shall keep on file at the licensed premises, for a period of at least three years from the date of its issuance, a copy of the receipts required to be provided under this paragraph (13), and, upon request by any authorized city official, shall make a copy of such receipt(s) available for inspection by such authorized city official;
(14) prior to authorizing any manager, employee or agent of the licensee to physically install or remove any booting device: (i) provide such manager, employee or agent with formal training to facilitate compliance with this section; (ii) as part of the formal training, explicitly instruct such managers, employees or agents that they must immediately remove a boot from any vehicle, at no charge, if the owner of the motor vehicle returns prior to complete attachment of the boot; and (iii) upon completion of such formal training, require the applicable manager, employee or agent to sign and date a certification statement indicating: (a) the date on which, and location at which, the formal training required under this subsection (f)(14) occurred; and (b) acknowledging that such formal training included instructions to immediately remove a boot from any vehicle, at no charge, if the owner of the motor vehicle returns prior to complete attachment of the boot. The licensee shall: (A) keep a copy of each signed certification provided pursuant to this subsection on file at all times that any manager, employee or agent is authorized to physically install or remove any booting device and for an additional period of three years after the termination or lapse of any such authorization; and (B) upon request by any authorized city official, make a copy of any such signed certification available for inspection by such authorized city official; and
(15) establish and maintain a toll-free 24-hour telephone hotline for answering questions, and for receiving and responding to complaints, from any person (“the caller”) in connection with booting operations under this section. The telephone hotline shall be adequately staffed at all times by trained live operators, which may include the licensee, the licensee's agent or an answering service. All incoming calls received using the telephone hotline shall be logged and recorded, and the caller shall be notified of such fact by the trained live operator at the time the telephone call is answered. The licensee shall retain such log and recordings on file for a period of at least 12 months from the date the log entry and recording is made. The log entry shall include the following information: (1) the name and contact information of the caller; (2) the date and time the call was received; (3) the licensee's response to the call; and (4) any other information reasonably required by the Commissioner in duly promulgated rules. Upon request by any authorized city official, the licensee shall make such log and recordings available for inspection by such authorized city official. If the telephone hotline number is changed, the licensee shall immediately notify the Commissioner of such fact.
(g) Prohibited acts. It shall be unlawful for any licensee engaged in the business of booting to:
(1) provide booting services at any property at which any person having a beneficial interest in the licensee also has a beneficial interest in the subject property;
(3) assess a fee in excess of $170.00 to remove a boot;
(4) use any boot of a color prohibited by the commissioner in duly promulgated rules and regulations. The commissioner may prohibit any color which might be confused with a boot used by the City as part of the City's vehicle immobilization program; and
(5) engage in booting operations at any location that is outside the 1st Ward, 2nd Ward, 11th Ward, 12th Ward, 15th Ward, 16th Ward, 21st Ward, 22nd Ward, 23rd Ward, 24th Ward, 25th Ward, 26th Ward, 27th Ward, 28th Ward, 29th Ward, 30th Ward, 31st Ward, 32nd Ward, 33rd Ward, 34th Ward, 35th Ward, 36th Ward, 37th Ward, 38th Ward, 40th Ward, 42nd Ward, 43rd Ward, 44th Ward, 45th Ward, 46th Ward, 47th Ward, 48th Ward, or 49th Ward, all bounded as provided in Article III of Chapter 2-8 of the Code.
(h) Violation – Penalty. 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 $1,000.00 nor more than $2,000.00 for each violation. Any licensee who violates this section two times at one location within any 180-day period shall be prohibited from conducting booting operations at that location for a period of one week. 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, § 69; Amend Coun. J. 4-10-13, p. 51200, § 1; Amend Coun. J. 11-26-13, p. 68766, § 1; Amend Coun. J. 6-25-14, p. 83687, § 1; Amend Coun. J. 5-6-15, p. 108483, § 1; Amend Coun. J. 7-29-15, p. 3637, § 1; Amend Coun. J. 7-29-15, p. 3639, § 1; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 4; Amend Coun. J. 10-28-15, p. 12697, § 1; Amend Coun. J. 7-20-16, p. 28849, § 1; Amend Coun. J. 7-20-16, p. 28851, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 4; Amend Coun. J. 1-17-18, p. 65175, § 1; Amend Coun. J. 4-10-19, p. 99044, § 1; Amend Coun. J. 11-20-19, p. 9510, Art. IV, § 12; Amend Coun. J. 1-15-20, p. 12993, § 1)