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)

2-25-100 Failure to secure required license, permit or franchise.

   (a)   If any person conducts any business or occupation in the City of Chicago without first having obtained any license required under this Code or any other applicable law for such activity, the commissioner shall have the authority to order such person to discontinue such activity and may order such business to be closed in accordance with the requirements of Section 4-4-015 until such license is obtained.

   (b)   If any person conducts any business or occupation in the City of Chicago without first having obtained any permit or franchise required under this Code or any other applicable law for such activity, or without first having registered such activity with the city as required by law, the commissioner shall have the authority to order such person to discontinue such activity and may order such business to be closed after serving a 30-day written notice on such person or such person's agent for the purpose of receiving process or other legal documents. Nothing in this subsection (b) shall prevent the commissioner from serving a notice of less than 30 days if a shorter notice period is authorized by an ordinance specifically regulating the activity requiring a permit, license or registration under this Code.

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

2-25-110 Failure to obey an order of the commissioner – Violation – Penalty.

   Except as otherwise provided in Title 4 of this Code in connection with licenses issued under such Title 4, any person who: (1) unless the commissioner's order has been stayed by a court of competent jurisdiction, fails to obey an order issued by the commissioner pursuant to this chapter, or (2) unless the order imposing such fine or penalty has been stayed by a court of competent jurisdiction, fails to pay a fine or penalty imposed under this chapter within a reasonable time specified by the commissioner, or (3) knowingly makes a false statement or knowingly provides misleading information to the commissioner, or (4) violates any of the provisions of this chapter shall be subject to a fine of not less than $2,000.00 nor more than $10,000.00, or imprisonment for a period not to exceed six months, or both, for each offense. Each such violation shall be considered a separate and distinct offense. Such violations shall be punishable as a misdemeanor pursuant to Section 1-2-1.1 of the Illinois Municipal Code, as amended. Except for the sanction of imprisonment, which shall be imposed only after a judicial hearing and only pursuant to an order of the circuit court, all sanctions imposed pursuant to this section shall be imposed only after a judicial or administrative hearing and only pursuant to an order of the circuit court or department of administrative hearings.

(Added Coun. J. 11-19-08, p. 47220, Art. V, § 1; Amend Coun. J. 5-9-12, p. 27485, § 5)

2-25-120 Rules and regulations.

   The commissioner is authorized to adopt such rules and regulations as the commissioner may deem necessary or appropriate for the proper administration and enforcement of the provisions of this chapter and the provisions of this Code pertaining to licensing, the procedures of administrative hearings, and other matters pertaining to the public interest. Such rules and regulations shall be printed and made available at the office of the Department. Provided, however, that if a proposed rule or regulation or amendment to any existing rule or regulation governs public chauffeurs or public passenger vehicles and their operation, the commissioner shall give public notice of such proposed rule or regulation or amendment a minimum of 10 business days prior to its effective date in one or more newspapers of general circulation. Such public notice shall include information concerning where the rule or regulation can be reviewed and where comments may be directed.

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

2-25-130 Succession – Transfer of powers.

   The commissioner and department established under this chapter shall assume all rights, powers, duties, obligations and responsibilities of the former director and department of business affairs and licensing, and of the former commissioner and department of consumer services. The commissioner shall succeed to the rights and duties of the former director of business affairs and licensing and former commissioner of consumer services under existing contracts, agreements or other programs. Any matter pending before the director or department of business affairs and licensing or before the commissioner or department of consumer services on the effective date of this chapter shall be continued under the jurisdiction of the commissioner or department. All books, records, papers, documents, property, real and personal, unexpended appropriations and pending business in any way pertaining to the rights, powers, duties, obligations and responsibilities transferred to or vested in the department shall be delivered and transferred to the commissioner and department. All rules or regulations issued by the former director or department of business affairs and licensing and all rules or regulations issued by the former commissioner or department of consumer services, in effect as of the effective date of this chapter, shall remain in effect until amended or repealed by the commissioner.

   The department and the commissioner of business affairs and consumer protection shall assume all rights, powers, duties, obligations and responsibilities of the former commissioner and department of the environment related to invasive species control.

   All rules or regulations issued by the former commissioner of the environment relating to invasive species control, in effect as of January 1, 2012, shall remain in effect until amended or repealed by the commissioner of business affairs and consumer protection.

(Added Coun. J. 11-19-08, p. 47220, Art. V, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)