3-56-075 Sale of wheel tax license emblems.

   (a)   Service contracts. In addition to distribution by the city clerk of wheel tax license emblems, the city clerk may enter into contracts ("services contract") with no more than 5 entities to be selected by the city clerk to sell license emblems in any calendar year (each such entity shall be known as a "contractor"). Such contractors may sell such emblems directly or through subcontractors to be selected by the contractors, subject to the approval of the city clerk (each subcontractor that is vending wheel tax license emblems may be known herein as a vendor). Sales of wheel tax license emblems shall be in accordance with the provisions of this Code and with such regulations and rules as are promulgated by the city clerk.

   The services contracts may contain such terms as the city clerk deems necessary to effectuate the sale of the emblems, including but not limited to terms obligating the contractors to pick up the emblems from the city, transmit the emblems to the locations at which they will be sold by vendors, verify that the purchasers of the emblems have submitted a complete and correct information, and to provide a detailed accounting of the transactions to enable the city clerk's office to verify that the services have been performed in accordance with legal requirements.

   Any contractor or vendor of such contractor shall derive its entire compensation by collecting a fee from those purchasing wheel tax license emblems, which may not exceed $5.50 per emblem ("fee"). All proceeds from the sale of the emblems by any contractor or vendor of such contractor, but not including the fee, shall be deposited by the contractor or its vendor into a city account in a depository designated by the city council as an approved depository; such deposits shall be made no later than four business days after the contractor or its vendors receive payment from the purchaser of the emblem. Contractors may not deduct any costs or fees from the proceeds before depositing them into the city accounts.

   (b)   Rules governing sale of wheel tax license emblems. Any contractor or any vendor of such contractor shall sell wheel tax license emblems to any person desiring a license for any motor vehicle or other vehicle upon (i) verifying that the purchasers of the emblems have submitted complete and correct information as required by the city clerk; and (ii) payment of a license fee in accordance with Section 3-56-050 of this Code. Any sale of wheel tax license emblems by any contractor or any of its vendors must be conducted in person in a single over-the-counter transaction and any such contractor or vendor shall not sell any such emblems by mail or on the Internet. The city clerk or his designee is authorized to limit the classes and types of wheel tax license emblems that may be sold by any contractor or any of its vendors.

   (c)   Rules and regulations and fine for violations. The city clerk is authorized to adopt such rules and regulations as he may deem appropriate for the proper administration and enforcement of the provisions of this section. Any contractor or vendor that violates any of the provisions of this section or any rules or regulations promulgated pursuant to this section shall be fined $200.00 for the first offense and $1,000.00 for any second or subsequent offense occurring within a period of one year. Each such violation shall constitute a separate and distinct offense. The fines provided in this subsection are in addition to any sanction or remedy available for the city under the service contract.

   The provisions of this section or any rules or regulations promulgated pursuant to this section may be enforced by investigators of the city clerk's office or the members of the police department.

(Added Coun. J. 12-12-07, p. 16793, § 1)

3-56-080 Sale of vehicle.

   Immediately upon the sale of any vehicle licensed under this chapter, when such sale is made prior to the date of expiration of such wheel tax license, the vehicle dealer or seller shall remove any wheel tax license emblem from the vehicle so sold. Thereupon such wheel tax license emblem shall cease to apply to the vehicle so sold.

   Except where a vehicle license has been regularly transferred as hereinafter provided in Section 3-56-100, it shall be the duty of the purchaser of any used automobile or other vehicle to remove and deliver to the vendor or the vendor's agent immediately any wheel tax license emblem which may be attached to such vehicle at the time of the purchase thereof, which the vendor of such vehicle may have refused, failed or omitted to detach from such vehicle as hereinabove required. It shall be unlawful for any such purchaser to use, sell or offer for sale such used automobile or other vehicle without first having removed any such wheel tax license emblem.

(Prior code § 29-8; Amend Coun. J. 9-4-40, p. 3086; Amend Coun. J. 12-12-07, p. 16793, § 1)

3-56-090 Affixing wheel tax license emblems.

   (a)   It shall be unlawful for any person to affix or cause to be affixed any wheel tax license emblem to any automobile or other vehicle other than the vehicle to which such wheel tax license emblem was intended to be affixed at the time of the issuance thereof by the city clerk.

   (b)   It shall be unlawful for any person other than the city clerk or a contractor or any of its vendors as provided in Section 3-56-075 of this Code, to knowingly sell, offer for sale, expose for sale, or acquire for the purposes of sale any wheel tax license emblem.

   (c)   It shall be unlawful for any person to purchase any wheel tax license emblem from any person other than the city clerk or a contractor or-any of its vendors as provided in Section 3-56-075 of this Code.

   (d)   Any person violating any of the provisions of this section shall be fined not less than $200.00 nor more than $500.00 for each offense, and each day such a violation continues shall be deemed a separate and distinct offense.

(Prior code § 29-9; Amend Coun. J. 3-9-05, p. 44095, § 1; Amend Coun. J. 12-12-07, p. 16793, § 1)

3-56-100 Transfer to new vehicle.

   (a)   Transfer of wheel tax licenses.

      (1)   Whenever the owner of any vehicle licensed under this chapter, before the expiration of such license, sells or otherwise disposes of such vehicle, and thereafter acquires another vehicle and desires to transfer the vehicle license originally issued for the vehicle disposed of, to such newly acquired vehicle, such owner shall immediately make application to the City Clerk for a transfer of said vehicle license to the newly purchased vehicle. Said application shall state the name and address of the licensee and the name and address of the purchaser of said vehicle, together with a description of the newly purchased vehicle. Upon surrender of the original wheel tax license emblem or upon proof that the wheel tax license emblem has been destroyed, the City Clerk or his designee shall transfer said license to apply to the newly acquired vehicle upon payment of the proper license fee, provided, that the City Clerk or his designee shall not transfer any license when the wheel tax license emblem issued under said license is defaced or mutilated so as to prevent identification of the emblem. It shall be unlawful for any person to display a wheel tax license emblem on any vehicle other than the vehicle for which the emblem was originally issued, without first transferring the license to such other vehicle, as provided for herein.

      (2)   The transfer fee shall be $5.00 for individuals 65 years of age and older and $20.00 for all other individuals. If the newly acquired vehicle is of a class requiring the payment of a license fee higher than was paid for the license originally obtained for the vehicle disposed of, the fee required to be paid for such transfer shall be a sum equal to the difference between the fee paid for the original license and the fee fixed for licenses for vehicles of such class, plus the transfer fee of $5.00 for individuals 65 years of age and older and $20.00 for all other individuals.

   (b)   The owner of any vehicle licensed under this chapter shall promptly notify the clerk and the department of police whenever the wheel tax license emblem issued under such license is lost, stolen, or destroyed.

   (c)   The fee for replacing a wheel tax license emblem shall be $5.00 for individuals 65 years of age and older and $20.00 for all other individuals. A replacement wheel tax license emblem shall be issued only for the same vehicle, license plate, and owner as the original. It is the responsibility of the owner of any vehicles licensed under this chapter to promptly notify the City Clerk whenever the wheel tax emblem is lost, stolen, or destroyed.

(Prior code § 29-11; Amended Coun. J. 12-15-93, p. 43704; Amend Coun. J. 11-10-99, p. 14998, § 3.1; Amend Coun. J. 11-17-99, p. 17487, § 3.1; Amend Coun. J. 11-19-03, p. 14216, § 3.4; Amend Coun. J. 12-12-07, p. 16793, § 1; Amend Coun. J. 9-14-16, p. 31387, § 1; Amend Coun. J. 12-16-24, p. 23004, Part 1, Art. III, § 2)

3-56-110 Allocation of revenues.

   All revenues derived from license and transfer fees shall be kept as a separate fund and used for paying the cost of repair, maintenance and improvement of streets and alleys; traffic law enforcement; automobile emission control testing and such other uses as the city council shall authorize in the annual appropriation ordinance, or otherwise direct.

(Prior code § 29-12)

3-56-120 Vehicle manufacturers and dealers.

   If any manufacturer or dealer in any of the motor vehicles mentioned in this chapter shall make application to the city clerk and shall state that he is a manufacturer operating a plant for the construction of motor vehicles within the city or dealer in such motor vehicles with a salesroom located within the city and that he desires a wheel tax license emblem to be used by him or it, the city clerk or his designee shall upon payment by such applicant to the comptroller of the fee hereinafter set forth issue to such manufacturer or dealer a distinctive wheel tax license emblem with a number thereon. Said emblem must be attached to or borne by any such motor vehicles while being operated on the streets of the city. When any such vehicle is in use and carries such wheel tax license emblem, no other license fee shall be collected under the provisions of this chapter.

   The annual license fee to be paid for each such wheel tax license emblem for motor vehicles, except motorcycles, shall be $90.00, and said fee shall not be prorated.

   The annual license fee to be paid for each such wheel tax license emblem for motorcycles shall be $45.00, and said fee shall not be prorated.

   Every manufacturer or dealer applying for said wheel tax license emblems must submit to the city clerk satisfactory proof of his status as such manufacturer or dealer and satisfactory proof of the number of sets of dealer's plates issued to the applicant by the State of Illinois. Provided, that no wheel tax license emblems shall be issued hereunder unless the applicant is in possession of an Illinois state manufacturer's or dealer's license for the current year. The total number of wheel tax license emblems that may be obtained hereunder shall not exceed the number of sets of dealer's license plates issued to the applicant by the state.

   No such license emblem shall be used on any motor vehicle rented by such manufacturer or dealer, or on any vehicle used to transport persons or property for hire, or on any vehicle unless such vehicle is operated under a dealer's license issued by the State of Illinois and to which both state license plates are attached.

(Prior code § 29-13; Amend Coun. J. 5-9-84, p. 6280; Amend Coun. J. 11-22-91, p. 9188; Amend Coun. J. 11-10-99, p. 14998, § 3.1; Amend Coun. J. 11-17-99, p. 17487, § 3.1; Amend Coun. J. 11-19-03, p. 14216, § 3.5; Amend Coun. J. 11-13-07, p. 15814, § 1; Amend Coun. J. 12-12-07, p. 16793, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 3; Amend Coun. J. 3-5-14, p. 75830, § 4)

3-56-121 Motor vehicle rental fleet – Payment of wheel tax.

   (a)   Notwithstanding any provision of this chapter, the owner of a rental fleet used in the city as well as elsewhere shall purchase wheel tax licenses in accordance with the procedures of this section. No later than July 15 of each year, the owner of a rental fleet shall file with the city clerk a remittance return in a form approved by the department of finance and, for each category of motor vehicle listed in Section 3-56-050 of this chapter, indicating the owner's Chicago rental revenues, national revenue rentals, and the number of motor vehicles in the owner's fleet. Revenue figures shall be for the most recently completed 12-month period from April 1 to March 31. Fleet size shall be determined as of March 31. The return shall also include, for each category of motor vehicle listed in Section 3-56-050 of this chapter, the net additions to the fleet (number of motor vehicles added to the fleet for any purpose less those disposed of and replaced) during the most recently completed 12-month period from April 1 to March 31 and the number of motor vehicles in the fleet disposed of and replaced during the most recently completed 12-month period from April 1 to March 31. All figures shall be certified by an independent auditor. For each category of motor vehicle listed in Section 3-56-050 of this chapter, the return shall also include the payment for wheel tax licenses for the owner's rental fleet, calculated as follows (the following calculation to be made separately for each category):

      Step 1: Chicago rental revenue divided by national rental revenue, and the resulting number expressed as a percentage;

      Step 2: The number of vehicles in such category in the national fleet multiplied by the Step 1 percentage;

      Step 3: The product of Step 2 times the license fee set forth in Section 3-56-050 of this chapter for such category;

      Step 4: The number of vehicles in such category added to the fleet since the last annual return times the Step 1 percentage;

      Step 5: The product of Step 4 times the license fee set forth in Section 3-56-050 of this chapter for such category;

      Step 6: The number of motor vehicles replaced in the fleet since the last annual return times the Step 1 percentage;

      Step 7: The product of Step 6 times the transfer fee described in Section 3-56-100;

      Step 8: The sum of the results of Steps 3, 5 and 7 is the annual rental fleet fee.

   The city clerk shall issue the appropriate number of wheel tax licenses, based on combining Steps 3 and 5.

   (b)   If a fleet owner fails or refuses to provide audited revenue and fleet size figures for the specified period, the owner shall purchase a wheel tax license for each and every motor vehicle in its rental fleet that is used in the City of Chicago, at the rate set forth in Section 3-56-050 of this chapter for the category of motor vehicle being licensed.

   (c)   Nothing in this section prevents the comptroller and the city clerk from disputing any figure provided by a fleet owner. Whenever not inconsistent with the provisions of this section, or when this section is silent, the provisions of the Uniform Revenue Procedures Ordinance, Chapter 3-4 of this Code, shall apply to and supplement this section.

(Added Coun. J. 7-2-97, p. 48683, § 2; Amend Coun. J. 11-13-07, p. 15814, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. III, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 3)

3-56-125 Commercial motor vehicle fleet – Payment of wheel tax.

   (a)   (1)   The owner of a fleet shall purchase a wheel tax license for each fleet vehicle. Such license may be purchased individually per vehicle, or in accordance with the procedures of this section. For purposes of this section, "fleet" means 10 or more commercial motor vehicles under common ownership.

      (2)   No later than July 15 of each year, the owner of a fleet seeking to purchase wheel tax licenses pursuant to this section shall file a return (for purposes of this section, "annual return") with the city clerk, in a form approved by the city clerk. The annual return shall contain the following:

      (i)   the number of commercial motor vehicles in the owner's fleet and the category of each commercial motor vehicle as listed in Section 3-56-050 of this chapter as of March 31;

      (ii)   for each category of commercial motor vehicle listed in Section 3-56-050 of this chapter, the net commercial motor vehicles added to the owner's fleet (the number of commercial motor vehicles added to the owner's fleet for any purpose less those disposed of and replaced) during the most recently completed 12-month period from April 1 to March 31;

      (iii)   the number of commercial motor vehicles in the owner's fleet disposed of and replaced during the most recently completed 12-month period from April 1 to March 31; and

      (iv)   payment of wheel tax licenses for each category of commercial motor vehicle in the owner's fleet as listed in Section 3-56-050 of this Code, calculated as follows:

         Step 1: The number of commercial motor vehicles in each category times the license fee set forth in Section 3-56-050 of this chapter for such category;

         Step 2: The number of commercial motor vehicles in each category added to the fleet since the last annual return times the license fee set forth in Section 3-56-050 of this chapter for such category;

         Step 3: The number of commercial motor vehicles replaced in the fleet since the last annual return times the transfer fee described in Section 3-56-100;

            Step 4: The sum of the results of Steps 1, 2 and 3 shall be the annual wheel tax license fee for the owner's fleet.

   The above calculation shall be made separately for each category of commercial motor vehicle in the owner's fleet as listed in Section 3-56-050 of this Code.

   The city clerk shall issue the appropriate number of wheel tax licenses, based on combining Steps 1 and 2.

   (b)   All fleet size figures included in the annual return shall be certified by an independent auditor. If a fleet owner fails or refuses to provide audited fleet size figures for any annual return period, the owner shall purchase a wheel tax license for each vehicle in the owner's fleet for which a wheel tax license is required under this chapter, at the rate set forth in Section 3-56-050 of this chapter.

   (c)   Nothing provided in this section shall prevent the comptroller and the city clerk from disputing any figure provided by a fleet owner.

   (d)   (1)   No owner of a fleet licensed pursuant to this section shall be required to display a wheel tax license emblem in or on any commercial motor vehicle that is a part of such fleet.

      (2)   Regardless of the method of purchasing a wheel tax license, no owner of a commercial motor vehicle shall be required to display a wheel tax license emblem in or on any commercial motor vehicle that:

         (i)   has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater;

         (ii)   is designed to transport more than 10 passengers including the driver; or

         (iii)   is used in transporting hazardous material pursuant to Section 5103 of Title 49 of the United States Code and transported in a quantity requiring placarding under regulations prescribed by the Secretary under Section 5103 of Title 49 of the United States Code.

      (3)   The owner of a fleet may show that a wheel tax license has been obtained for such commercial motor vehicle by presenting a receipt, issued by the office of the city clerk, showing that the owner purchased wheel tax license emblems for the owner's fleet in accordance with this section.

   (e)   Nothing in this section shall be construed to relieve the owner of a fleet from purchasing and displaying any wheel tax license emblem required under this chapter for such owner's non-commercial motor vehicles or for any commercial vehicles that are not part of the fleet licensed pursuant to this section.

   (f)   Whenever not inconsistent with the provisions of this section, or when this section is silent, the provisions of the Uniform Revenue Procedures Ordinance, Chapter 3-4 of this Code, shall apply to and supplement this section.

(Added Coun. J. 7-28-11, p. 5048, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 3; Amend Coun. J. 4-15-15, p. 106576, § 1; Amend Coun. J. 7-20-16, p. 28845, § 1)