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)

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)

2-25-140 Effect of chapter on prior actions.

   This ordinance shall not affect any act done, ratified or confirmed, or any right accrued or established, or any action or proceeding had or commenced in an administrative, civil or criminal cause before this chapter takes effect. Such action or proceeding may be prosecuted and continued by the department, which shall retain jurisdiction of the subject matter to which such litigation or proceeding pertains.

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

ARTICLE II. OFFICE OF LABOR STANDARDS (2-25-200 et seq.)

2-25-200 Office of Labor Standards.

   (a)   Definitions. As used in this section:

   "Chapter 6-105" means Chapter 6-105 of the Municipal Code of Chicago.

   "Chapter 6-110" means Chapter 6-110 of the Municipal Code of Chicago.

   “Chapter 6-130” means Chapter 6-130 of the Municipal Code of Chicago.

   "Commissioner" means the Commissioner of Business Affairs and Consumer Protection or the Commissioner’s designee.

   “Covered employee” has the meaning ascribed to that term in Section 6-105-010, 6-110-020, or 6-130-010, as appropriate.

   "Department" means the Department of Business Affairs and Consumer Protection.

   "Director" means the Director of the Office of Labor Standards or the Director’s designee within the Office of Labor Standards.

   "Office" means the Office of Labor Standards established pursuant to subsection (b) of this section.

   (b)   Office of Labor Standards – Establishment – Powers and duties. There is hereby established within the Department of Business Affairs and Consumer Protection an office of the municipal government, which shall be known as the Office of Labor Standards. Such Office shall include a Director, who shall be appointed by the Commissioner, and such other assistants and employees as provided for in the annual appropriation ordinance. The duties of the Office of Labor Standards, and of its Director, shall be to:

      (1)   Promote Chicago’s labor standards through outreach, education, technical assistance, and training for employers and employees;

      (2)   Collect and analyze available federal, State and local data on the City’s workforce and workplaces, and coordinate with federal and State officials and other City agencies, to: (i) identify gaps in existing labor laws affecting employees and independent contractors within the City and within particular industries operating therein; and (ii) prioritize areas for improving working conditions and practices affecting employees and independent contractors within the City and within particular industries operating therein; and (iii) enforce, and improve the enforcement of, existing laws and rules, to the extent permitted by law, in order to improve working conditions and practices within the City and within particular industries operating therein;

      (3)   Plan, make recommendations, conduct research and develop programs for employer education, worker education and worker protection;

      (4)   Facilitate the exchange and dissemination of information pertaining to employer education, worker education and worker protection in consultation with City agencies, federal and State officials, businesses, employees, independent contractors, and not-for-profit organizations that promote employer education, worker education and worker protection;

      (5)   Recommend initiatives to enhance worker protection and improve labor standards for all Chicago workers;

      (6)   Administer and enforce Article II of Title 6, and administer Section 4-6-180(e)(6), of this Code;

      (7)   Receive and assemble information identifying: (i) license applicants and licensees under Title 4 of this Code who, within the last five years, have admitted guilt or liability, or who have been found guilty or liable in judicial or administrative proceedings, of willful or repeated violations of the Illinois Wage Payment and Collection Act or of Article II of Title 6 of the Code, for referral to the Commissioner for appropriate action under Section 4-4-320(a)(1), (a)(3) or (b)(1), as applicable; or (ii) persons or business entities that are ineligible to participate in City transactions under Section 2-92-320(a)(6) due to repeated violations of Article II of Title 6 of the Code, for referral to the Chief Procurement Officer or other applicable department head for appropriate action under Section 2-92-320; and

      (8)   Perform any other duties or exercise any other powers that the Commissioner may reasonably require to implement this article.

   (c)   Director – Duties pertaining to Article II of Title 6. In connection with subsection (b)(6) of this section, the Director, consistent with the requirements of due process of law and in accordance with rules duly promulgated by the Commissioner, is authorized to: (i) receive complaints, which shall be filed by a worker or other person on behalf of a worker, of alleged violations, or initiate investigation to ascertain compliance with Article II of Title 6; (ii) mediate disputes in connection with such complaints, if appropriate; (iii) investigate such complaints, as appropriate, and make findings of fact in connection with such investigations; (iv) issue notices of violation, as appropriate, if, following an investigation, the Director determines that there is reasonable cause to believe that a violation has occurred; (v) provide for a hearing following the issuance of any such notice of violation; (vi) conduct hearings; (vii) administer oaths, take testimony, issue subpoenas, and receive evidence in connection with such investigations or hearings; and (viii) otherwise enforce Article II of Title 6. Any investigation conducted pursuant to this section shall be conducted in a fair and impartial manner. The name and other identifying information of the worker or person reporting a violation of Article II of Title 6 shall be kept confidential to the extent permitted by law unless such worker or person authorizes the Director in writing to disclose this information as the Director deems necessary or appropriate to enforce this section. The Director may investigate complaints in cases where the complainant is unknown or anonymous.

   (d)   Director – Recordkeeping and reporting – Required. No later than March 15, 2020, and on or before each March 15 thereafter, the Director shall post on the City of Chicago Office of Labor Standards website the following information pertaining to enforcement of Chapters 6-105, 6-110, and 6-130, and Section 4-4-320(a)(1), (a)(3), and (b)(1):

      (1)   Number of complaints received by the Office alleging violations of Chapters 6-105, 6-110, and 6-130;

      (2)   Number of investigations opened by the Office in connection with alleged violations of Chapters 6-105, 6-110, and 6-130;

      (3)   Number of employers cited for violations of Chapters 6-105, 6-110, and 6-130;

      (4)   Results of each enforcement action initiated under Chapters 6-105, 6-110, and 6-130;

      (5)   Number of license applications denied by the Commissioner pursuant to Section 4-4-320(a)(1) and (a)(3) for violations of the Illinois Wage Payment and Collection Act or Article II of Title 6, as applicable;

      (6)   Number of licenses suspended or revoked by the Commissioner pursuant to Section 4-4-320(b)(1) for violations of the Illinois Wage Payment and Collection Act or Article II of Title 6, as applicable; and

      (7)   Such other information as may be necessary or appropriate, as determined by the Commissioner in consultation with the Director.

   Nothing in this subsection (d) shall prohibit the Director from posting the information described in items (1) through (7) of this subsection (d) at more frequent intervals than required herein.

   (e)   Commencement of action. Except as otherwise provided herein, any investigation conducted by the Office pursuant to this section shall commence within three years of the alleged violation of Chapter 6-105 or Chapter 6-130. Provided, however, that: (1) if evidence exists that the applicable employer concealed such violation or in any way misled employees as to the employer’s or employee’s rights or responsibilities under Chapter 6-105 or Chapter 6-130, such investigation shall commence within three years of the date on which the employee or Office discovered, or reasonably should have discovered, the alleged violation of Chapter 6-105 or Chapter 6-130; (2) in the case of a continuing violation, the investigation shall commence within three years of the date of the last occurrence or discovery of the violation; and (3) the running of the applicable period for commencing an action under this section shall be tolled during the duration of any civil action brought by a covered employee pursuant to Section 6-105-110 or 6-130-100 to recover the amount of any underpayment of wages or leave denied or lost resulting from a violation of Chapter 6-105 or Chapter 6-130.

   (f)   Notification to Chief Procurement Officer – Required. Upon a determination of liability for any violation of Chapter 6-105 or Chapter 6-130, the Director shall report such fact to the Chief Procurement Officer for appropriate action under Section 2-92-320(a)(6), including but not limited to suspension or cancellation of the employer’s current transactions with the City or debarment from doing business with the City.

   (g)   Annual report to City Council – Required. No later than June 1, 2020, and on or before June 1st of each year thereafter, the Director shall submit to the City Council Committee on Workforce Development, or to its successor committee, a written report describing the activities undertaken by the Office during the previous year to implement this section, along with recommendations for improving the efficient and effective enforcement of this section. The chairman of that committee may request the Commissioner or Director, or their respective designees, to appear at a hearing of the committee to explain and respond to questions about such annual report.

(Added Coun. J. 10-31-18, p. 87769, § 1; Amend Coun. J. 7-24-19, p. 3633, § 3; Amend Coun. J. 11-20-19, p. 9510, Art. II, § 3; Amend Coun. J. 6-25-21, p. 32150, § 1; Amend Coun. J. 6-25-21, p. 32156, § 2; Amend Coun. J. 11-7-22, p. 54948, Art. II, § 1; Amend Coun. J. 11-9-23, p. 5853, § 2; Amend Coun. J. 12-13-23, p. 7601, § 1; Amend Coun. J. 3-20-24, p. 10146, § 2)