2-25-020 Establishment – Composition.

   There is hereby established an executive department of the City of Chicago, which shall be known as the department of business affairs and consumer protection. Such department shall be headed by a commissioner of business affairs and consumer protection and shall include such other deputies, assistants, officers and employees as the city council may provide by the annual appropriation ordinance.

(Added Coun. J. 11-19-08, p. 47220, Art. V, § 1)

2-25-030 Commissioner of business affairs and consumer protection – Appointment and authority.

   There is hereby created the office of commissioner of business affairs and consumer protection. The commissioner shall head the department of business affairs and consumer protection, and shall supervise, manage and control the department and its employees and all matters and things pertaining to the department. The commissioner shall be appointed by the mayor, by and with the advice and consent of the city council.

(Added Coun. J. 11-19-08, p. 47220, Art. V, § 1)

2-25-040 Officers and employees.

   All deputies, assistants, officers and employees of the department shall be under the direction and supervision of the commissioner and shall perform the duties required of them by the commissioner or by the provisions of this Code.

(Added Coun. J. 11-19-08, p. 47220, Art. V, § 1)

2-25-050 Powers and duties of the department.

   (a)   General powers and duties. The Commissioner and department shall have powers and duties related to business affairs and consumer protection as set forth in this section and elsewhere in this chapter and Code.

   (b)   Powers and duties of the Commissioner and the Department. The powers and duties of the Commissioner and Department shall be as follows:

      (1)   To provide a gateway to assist businesses in obtaining City licenses;

      (2)   To advocate on behalf of businesses and consumers to facilitate their interaction with City departments;

      (3)   To provide ongoing assistance to start-up and existing businesses;

      (4)   To serve as the Mayor's designee and to exercise the powers and perform the duties and responsibilities of the Mayor regarding all matters pertaining to City business licenses, including but not limited to:

         (i)   processing and reviewing license applications;

         (ii)   investigating applicants and licensed businesses for compliance with the requirements of this Code or any other applicable law related to licensing;

         (iii)   enforcing ordinances and statutes related to licensing and all applicable rules promulgated thereunder, including through the issuance of cease and desist orders for engaging in unlicensed business activity;

         (iv)   conducting license disciplinary hearings and proceedings; and

         (v)   issuing orders to rescind, revoke or suspend licenses and to impose fines for violation of the requirements of this Code or any other applicable law related to licensing.

         Provided, however, that in the event the Mayor designates a local liquor control commissioner, said local liquor control commissioner shall exercise the license-related powers, duties and responsibilities as are vested in the local liquor control commissioner pursuant to the Local Liquor Control Act of 1934, as amended, and this Code;

      (5)   To exercise all powers and perform all duties relating to the issuance, suspension and revocation of licenses and the investigation and discipline of licensees previously given to the department of business affairs and licensing pursuant to this Code, the Liquor Control Act of 1934 or any other law. Provided, however, that in the event the Mayor designates a local liquor control commissioner, said local liquor control commissioner shall exercise the license-related powers, duties and responsibilities as are vested in the local liquor control commissioner pursuant to the Local Liquor Control Act of 1934, as amended, and this Code;

      (6)   To exercise all rights, powers, duties, obligations and responsibilities that relate to:

         (i)   the issuance, denial, rescission, or revocation of licenses and public way use permits; and

         (ii)   the enforcement of license, permit and business taxation requirements formerly administered by the department of business affairs and licensing. Provided, however, that nothing in this item (6) shall be construed to limit the powers of the Department of Finance provided for in Chapter 2-32 of this Code;

      (7)   To prepare, establish, maintain and preserve the following records:

         (i)   statistical records containing information required by the Commissioner to be provided by licensees and permittees pertaining to any license or permit issued by the department or otherwise compiled by the department at the request of the Commissioner or Mayor. Such records shall be reported to the Mayor as often as the Mayor may deem necessary or appropriate;

         (ii)   a register containing the name and Chicago address of all cabmen, coachmen and their affiliates;

         (iii)   a register containing a description of all licensed public passenger vehicles, including each such vehicle's license number and a complete record of all inspections of each such vehicle and its equipment;

         (iv)   a register containing the name and Chicago address of all public chauffeurs, including each public chauffeur's license number;

         (v)   all suspensions and revocations of any license or permit administered by the department;

         (vi)   all records as required by ordinance or as may be necessary or appropriate for the efficient and orderly conduct of the business of the department;

      (8)   To provide appropriate duties and responsibilities for deputies, assistants, officers and employees of the department;

      (9)   To take such actions as may be necessary or appropriate to investigate, make findings, prosecute or request prosecutions by the Corporation Counsel for the purpose of:

         (i)   enforcing ordinances relating to licenses and public way use permits and applications and fees therefor, and business taxes and license and permit fees receivable by the City of Chicago; and

         (ii)   determining whether all persons required by this Code to pay any tax or to secure any license, permit or franchise have complied with such requirements. In cases of evasion of payment or failure to obtain the necessary license, permit or franchise, the Commissioner shall issue the appropriate notice of violation and may request the Corporation Counsel to institute an appropriate legal proceeding to enforce such requirements and collections;

      (10)   To require the production and examination of books, papers, records and documents pertinent to any license, registration or permit or lack thereof, or to any license, registration or permit application or lack thereof, or to any license, registration or permit fee or business tax paid or required to be paid under this Code, and to issue and enforce subpoenas therefor, as well as to institute investigations, inquiries or hearings and to take testimony and proof under oath at such hearings;

      (11)   To adopt such orders as the Commissioner may deem to be necessary or appropriate for the proper administration and enforcement of the provisions of this Code;

      (12)   To adopt, in accordance with the requirements of section 2-25-120, such rules as the Commissioner may deem to be necessary or appropriate for the proper administration and enforcement of the provisions of this Code;

      (13)   To authorize, subject to City Council approval, the leasing of City conduits, tunnels or lateral connections;

      (14)   To determine the rate of compensation for any privilege granted in any public way or public place according to rates established therefor and to advise the City Council in fixing such rates where none is established;

      (15)   To investigate, including the power:

         (i)   to determine whether all persons required by this Code to pay any tax or to secure any license, permit or franchise have complied with such requirements. Provided, however, that nothing in this item (15) shall be construed to limit the powers of the department of finance provided for in Chapter 2-32. Provided further, that if the department finds that further investigation into a tax matter is warranted, the Commissioner shall notify the Department of Finance of such findings;

         (ii)   to investigate complaints to ascertain whether any person or business has engaged in, is engaging in, or is about to engage in, any illegal, fraudulent or other deceptive practice that violates any law or regulation in connection with the advertisement or sale for cash or on credit of any merchandise to any consumer, and to institute an action with the department of administrative hearings in order to determine liability and seek remedies authorized by this Code or to report forthwith to the corporation counsel, the state's attorney, the attorney general and such other governmental agency as may have jurisdiction over or an interest in the subject matter, the name and place of business of all persons suspected of having engaged in such fraud, false pretense, misrepresentation or any other deceptive practice; and

         (iii)   to make such investigations as the Commissioner deems to be necessary or appropriate for the proper performance of the Commissioner's functions; and

      (16)   To enter into agreements or contracts with the state or federal government or with state or federal agencies for the purpose of submitting fingerprints and fees for criminal background checks of licensees and license applicants as required by law. Such agreements and contracts shall be subject to approval by the Corporation Counsel as to form and legality;

      (17)   To enter into and execute sponsorship agreements with sponsors of department events, programs and initiatives. Such sponsorship agreements shall contain such terms and conditions that the Commissioner deems to be appropriate. All sponsorship agreements shall be subject to the approval of the Corporation Counsel as to form and legality. For purposes of this item (17), "sponsors" means those persons providing money or other in-kind goods or services to the City in exchange for advertising or promotional rights at department events, programs or initiatives. Persons meeting the definition of "sponsor" as herein defined may, in the discretion of the Commissioner, and upon such terms as the Commissioner determines, sell goods and services to the public at such events, programs or initiatives;

      (18)   To do research, conduct educational programs and disseminate information to the public regarding business and consumer affairs;

      (19)   To supervise the investigation, execution and enforcement of Code sections administered or enforced by the Department, including all rules pertaining thereto or promulgated thereunder, including Section 6-10-040(b), (c), (d), and (e); Article II of Title 6; the Toy Safety Ordinance, Chapter 7-36; and the Condominium Ordinance, Chapter 13-72;

      (20)   To administer and enforce all ordinances relating to public passenger vehicles and ambulances; provided that the Comptroller shall administer Section 4-68-130; and to enter into taxicab-related agreements provided for in Sections 9-112-565 and 9-112-570;

      (21)   To advise, consult, enter agreements to share, interpret, and make recommendations based on, data, and otherwise cooperate with, public and private entities in furtherance of the duties prescribed herein. Any such agreement may provide for indemnification;

      (22)   To investigate and to make recommendations, from time to time, to the Mayor with respect to additions to or revisions of this Code as may be necessary for the enforcement and regulation of the duties and powers described herein;

      (23)   To enforce the provisions of Title IV of this Code, including all rules promulgated thereunder, except as otherwise provided in subsections (b)(4) and (b)(5) of this section, and to oversee the enforcement of Chapters 4-280 and 4-284 of this Code and of the various cable franchises awarded by the City Council;

      (24)   To inspect or examine, or to cause to be inspected or examined, all standard test meters for electricity, as provided in Chapter 4-296 of this Code, and gas meters, as provided in Chapter 11-20 of this Code;

      (25)   To inspect or examine, or to cause to be inspected or examined, all truck scales of a capacity of three tons or upwards;

      (26)   To inspect or examine, or to cause to be inspected or examined, once each year all weights, measures, scales and weighing and measuring devices other than those set forth in subsection (24) of this section, and all automatic or mechanical pumps or liquid measuring devices at stores and other places where such objects may be used;

      (27)   To stamp, with a suitable seal, all weights, measures, scales and weighing and measuring devices determined by the Commissioner to be accurate and to deliver to the owner(s) thereof a certificate of its accuracy. The Commissioner shall also provide a table of tolerances and specifications in conformity with those approved by the National Bureau of Standards. Once the Commissioner has caused a stamp or seal to be affixed to any weight, measure, scale, weighing or measuring device as provided herein, it shall be unlawful for any person to remove, destroy or erase such stamp or seal;

      (28)   To establish a compliance procedure to determine whether any violation relating to Section 2-25-090 has been corrected. Except as otherwise provided in this Code, if such violation(s) is not corrected within 30 days from date of the first inspection showing such violation(s) to exist, a request for prosecution shall be forwarded to the Corporation Counsel. Provided, however, that if within such 30 day period the person subject to prosecution presents to the Commissioner an executed contract for the completion of the work necessary to correct such violation(s) and obtains all permits for such work required by this Code, prosecution may be withheld for a period not to exceed 45 days;

      (29)   (a)   To operate and maintain one or more scales to weigh vehicles that operate on the public way(s) of the City in order to determine whether such vehicles are in violation of the weight limitations imposed by Chapter 9-72 of this Code, and to enforce such limitations;

         (b)   The Commissioner may issue a notice of violation and seek administrative fines for violations of any weight limitation imposed by this Code as well as institute an action with the Department of Administrative Hearings in order to determine liability;

      (30)   To take any and all actions necessary or helpful to enforce all child support compliance ordinances set forth in this Code, including, but not limited to, investigating the child support payment records of all City license applicants, licensees, applicants for employment, employees, bidders, potential contractors, contractors, loan applicants, borrowers and, where applicable, any substantial owner thereof;

      (31)   To review City records regarding property owners who pay City water bills and persons who have worker's compensation claims against the City, and in cooperation with the Commissioner of Water Management and Corporation Counsel, respectively, (i) to identify those owners and claimants with child support delinquencies, and (ii) to provide information, to the extent allowed by law, on such owners and claimants to the appropriate Cook County and State of Illinois governmental entities and to assist those offices in enforcement of child support obligations, and (iii) to provide, to the extent allowed by law, the names of such property owners or claimants, and, if known, the business address of such property owners or claimants, to persons or their legal representatives seeking to enforce court-ordered child support arrearages and child support withholding notices on the condition that such information be used solely for the purpose of assisting in enforcement of child support obligations. Provided, however, that the names and identifying information of persons seeking to enforce child support orders shall be deemed to be confidential;

      (32)   To exercise powers and perform duties pursuant to an agreement between the City of Chicago and the County of Cook that is approved by the City Council, including the sharing of documents and information, and including the withholding of the issuance or renewal of a license under Section 4-4-150 or the suspension of a license under Section 4-4-280, for the purpose of facilitating the collection of taxes, fees, accounts payable, debts, and other revenues by the City and the County;

      (33)   To exercise all rights, powers, duties, obligations and responsibilities that relate to the issuance or revocation of permits for the installation or maintenance of collection bins pursuant to Section 7-28-785;

      (34)   To administer and enforce Chapter 5-14;

      (35)   To administer and enforce Section 10-36-265 jointly with the Commissioner of Aviation.

(Added Coun. J. 11-19-08, p. 47220, Art. V, § 1; Amend Coun. J. 5-12-10, p. 91354, § 1; Amend Coun. J. 10-5-11, p. 8551, § 4; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 2; Amend Coun. J. 10-31-12, p. 38171, § 1; Amend Coun. J. 11-15-12, p. 42188, § 1; Amend Coun. J. 6-5-13, p. 54734, § 2; Amend Coun. J. 11-19-14, p. 98037, § 2; Amend Coun. J. 12-2-14, p. 99000, § 2; Amend Coun. J. 10-28-15, p. 12062, Art. XI, § 1; Amend Coun. J. 6-22-16, p. 27188, § 2; Amend Coun. J. 6-22-16, p. 27712, § 1; Amend Coun. J. 11-21-17, p. 61755, Art. V, § 2; Amend Coun. J. 5-20-20, p. 17024, § 1; Amend Coun. J. 6-25-21, p. 32156, § 1; Amend Coun. J. 4-27-22, p. 46382, § 1; Amend Coun. J. 5-31-23, p. 427, Art. I, § 1; Amend Coun. J. 11-9-23, p. 5853, § 1; Amend Coun. J. 3-20-24, p. 10146, § 1; Amend Coun. J. 12-16-24, p. 22879, Art. II, § 1)

2-25-060 Powers and duties – Permits to use public ways and grounds.

   The commissioner shall receive and submit to the department of transportation for review all applications for permits to use the public way or public grounds or any space above or beneath any public way or public grounds. Upon approval by the department of transportation, the commissioner shall issue permits in accordance with the requirements of this Code. The commissioner shall determine the rate of compensation for any privilege granted in any public way, public grounds or other public place, according to fixed and established scales therefor, and shall act in an advisory capacity to the city council in fixing such rates where no scale is established in granting such privileges by special ordinance.

   In no event shall a permit be issued under this section for any use of the public way within, or for any sidewalk that abuts, Millennium Park, as that term is defined in section 10-36-140.

(Added Coun. J. 11-19-08, p. 47220, Art. V, § 1)

2-25-070 Powers and duties – Commercial passenger vessels.

   The commissioner shall administer and enforce the commercial passenger vessel license set forth in Chapter 4-250 of this Code and shall promulgate rules or regulations applicable to commercial passenger vessels in accordance with the requirements of Section 2-25-120 and Section 4-250-070.

(Added Coun. J. 11-19-08, p. 47220, Art. V, § 1)

2-25-080 Prohibited acts – Interfering with or obstructing official duties unlawful.

   It shall be unlawful for any person, in any way or manner, to do any of the following:

   (1)   to obstruct the commissioner or the commissioner's designee in the performance of his or her respective duties, or

   (2)   to refuse to permit the examination of any document relating to a business's operations, or

   (3)   to refuse to weigh or measure any article of merchandise or other commodity which may be sold or offered for sale, or

   (4)   to otherwise obstruct, interfere with or prevent the commissioner or the commissioner's designee from exercising any of his or her powers under this Code or any other applicable law, or

   (5)   to falsely represent that he or she is the commissioner of business affairs and consumer protection or one of the commissioner's deputies, assistants, employees or designees.

(Added Coun. J. 11-19-08, p. 47220, Art. V, § 1)

2-25-090 Prohibited acts – Consumer fraud, unfair competition or deceptive practices – Duty to enforce.

   (a)   No person shall engage in any act of consumer fraud, unfair method of competition, or unfair, abusive, or deceptive act or practice while conducting any trade or business in the City. Any conduct constituting an unlawful act or practice under the Illinois Consumer Fraud and Deceptive Business Practices Act, as now or hereafter amended, or constituting a violation of Chapter 5-8, Chapter 5-12, Section 7-4-040, Section 7-4-060, Section 8-4-325, or any other section of this Code relating to business operations or consumer protection, shall be a violation of this section. In construing this section, consideration shall be given to court interpretations relating to the Illinois Consumer Fraud and Deceptive Business Practices Act, as amended. In construing this section, consideration shall also be given to the interpretations of the Federal Trade Commission and the federal courts relating to Section 5(a) of the Federal Trade Commission Act, 15 U.S.C. § 45, as well as interpretations of the Consumer Financial Protection Bureau and the federal courts relating to the Consumer Financial Protection Act of 2010, 12 U.S.C. § 5531. Where this section provides broader authority than the Illinois Consumer Fraud and Deceptive Business Practices Act, the Consumer Financial Protection Act of 2010, or the Federal Trade Commission Act, limitations provided in those Acts shall not constrain the City’s authority under this section. Nothing in this section shall be construed as permitting the regulation of any business to the extent that such regulation is not permitted under the statutory or home rule powers of the City.

   (b)   Except as stated in sections (e) and (g), the Commissioner shall be charged with enforcement of this section. The Commissioner shall construe this section in accordance with the requirements set forth in subsection (a) of this section.

   (c)   Compliance with applicable rules and regulations promulgated pursuant to the Consumer Fraud and Deceptive Business Practices Act and with court interpretations relating to such Act shall be an absolute defense to a finding of a violation of this section, except when those rules, regulations, or interpretations are inconsistent with this chapter. Compliance with applicable Federal Trade Commission rules, regulations and guidelines, and with interpretations by the Federal Trade Commission and the federal courts relating to Section 5(a) of the Federal Trade Commission Act, 15 U.S.C. § 45, shall be an absolute defense to a finding of a violation of this section, except when those rules, regulations, or interpretations are inconsistent with this chapter.

   (d)   If it appears to the Commissioner, after receiving a written complaint or otherwise, that a person has engaged in, is engaging in or is about to engage in a practice that is in violation of this section, the Commissioner may, after serving a 14-day notice:

      (1)   require such person to file, on such terms as the Commissioner may prescribe, a written statement or report setting forth all relevant and material information pertaining to the allegation(s) set forth in any complaint;

      (2)   examine any person in connection with relevant and material issues concerning the conduct of any trade or business in the City;

      (3)   examine any merchandise or sample thereof, or any record, book, document, account or paper relevant and material to such inquiry; and

      (4)   retain, in the Commissioner’s possession, copies of any record, book, document, account, paper or sample of merchandise that is produced in accordance with this section until the completion of all proceedings in connection with which such copy or copies are produced.

   (e)   Whenever the Corporation Counsel has reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to an investigation of potential violations of this section, the Corporation Counsel may issue in writing and cause to be served a subpoena in accordance with the procedures of Section 1-22-050.

   (f)   If, after completing an investigation pursuant to this section, the Commissioner determines that a person has engaged in, is engaging in, or is about to engage in a practice prohibited by this section, the Commissioner may:

      (1)   order such person to discontinue the prohibited practice;

      (2)   order such person to pay restitution to persons aggrieved by the practice;

      (3)   take action under Section 4-4-280 of this Code to revoke or suspend such person’s license;

      (4)   request the Corporation Counsel to bring an action for injunctive relief or such other equitable relief that the Commissioner deems to be appropriate.

   (g)   Whenever the Corporation Counsel has reason to believe that a violation of this section has occurred, the Corporation Counsel may bring a civil action for all available relief, including civil fines as set forth in subsection (h); restitution; disgorgement; equitable; injunctive; declaratory relief; and attorney’s fees and costs.

   (h)   Except as otherwise provided in this chapter, for any claim for which the City seeks fines, any person who violates any of the requirements of this section shall be subject to a civil fine of not less than $500.00 nor more than $10,000.00 for each offense. Each day that a violation continues or occurred, and each violation committed per day, shall constitute a separate and distinct offense to which a separate fine shall apply. In determining the amount of a fine, consideration shall be given to the violator’s degree of culpability, any history of similar conduct, the violator’s ability to pay, and other matters as justice may require. Fines issued under this subsection are in addition to any other remedy or penalty provided by law.

   (i)   Alleged violations of this section may be adjudicated and relief may be awarded by a court of competent jurisdiction, the Department of Administrative Hearings, or the Commissioner. Prosecution of a violation of this section does not preempt the City from prosecution under any other ordinance that the Commissioner or the Corporation Counsel are authorized to enforce.

(Added Coun. J. 11-19-08, p. 47220, Art. V, § 1; Amend Coun. J. 5-9-12, p. 27485, § 4; Amend Coun. J. 11-7-18, p. 88797, § 4; Amend Coun. J. 11-14-18, p. 90376, Art. I, § 1; Amend Coun. J. 11-15-23, p. 6542, Art. VI, § 4; Amend Coun. J. 12-16-24, p. 22879, Art. IV, § 8)