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(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)
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)
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)
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)
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)
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