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Municipal Code of Chicago
MUNICIPAL CODE OF CHICAGO
TITLE 1 GENERAL PROVISIONS
TITLE 2 CITY GOVERNMENT AND ADMINISTRATION
TITLE 3 REVENUE AND FINANCE
TITLE 4 BUSINESSES, OCCUPATIONS AND CONSUMER PROTECTION
CHAPTER 4-4 GENERAL LICENSING PROVISIONS*
ARTICLE I. GENERAL LICENSE REQUIREMENTS (4-4-005 et seq.)
4-4-005 Definitions.
4-4-010 License - Required - Violation - Penalty.
4-4-015 Closure order - Violation - Penalty.
4-4-016 Classification of licenses.
4-4-020 Limited business license - Required for businesses not provided for by other Code provisions - License fee.
4-4-022 Emerging businesses - Non-traditional business activity - Permit requirements.
4-4-023 License review advisory group.
4-4-040 License - Issuance.
4-4-045 Pre-license issuance - Proximity restriction measurement - Application - Fee.
4-4-050 License - Application.
4-4-060 License - Application and renewal - Inspection or investigation.
4-4-070 License - Application - Affidavits.
4-4-080 Bonds.
4-4-084 License suspension or revocation pending payment of fines, costs or other sum of money owed to the city.
4-4-100 Fast-track business sign.
4-4-112 Unlicensed businesses - Liability of property owner.
4-4-120 Unlicensed businesses - Liability of third-party facilitator.
4-4-130 Rebate or refund of fees.
4-4-135 Reinspection fees.
4-4-150 Indebtedness - License ineligibility.
4-4-152 Child support delinquencies.
4-4-160 Mailing of license and related material.
4-4-170 Change of location.
4-4-175 Change of officers.
4-4-176 Change of business name.
4-4-180 Adjustments.
4-4-190 Nontransferability - Unlawful transfer or use.
4-4-200 License insignia - Loss - Associated fees.
4-4-210 License insignia - Display.
4-4-230 License certificates and insignia - Alteration or removal prohibited.
4-4-240 Customer service placards required to be displayed.
4-4-250 Expiration.
4-4-260 License renewal.
4-4-265 Remediation conferences.
4-4-270 Building permit privileges - Suspension.
4-4-280 License revocation.
4-4-281 License and registration rescission.
4-4-282 License suspension or revocation - Illegal activities on premises.
4-4-283 Closure due to dangerous or hazardous conditions - Effect on license or application.
4-4-285 Public safety threat - Summary closure - When authorized.
4-4-289 Effect of revocation.
4-4-290 Enforcement of license ordinances.
4-4-295 Unlawful interference with enforcement.
4-4-299 Trademark violations.
4-4-300 Hazardous occupancies.
4-4-305 Inspections - Duties of licensee.
4-4-306 Illegal conduct on licensed premises - Cooperation with police.
4-4-307 Fingerprinting.
4-4-310 Public ways - Maintenance - Littering prohibited - Snow and ice removal.
4-4-312 Businesses - Chronic illegal activities premises.
4-4-313 Businesses that are or cause a nuisance.
4-4-314 Restrictions on display of merchandise.
4-4-320 License denial, revocation or suspension for certain offenses.
4-4-322 License or registration - Suspension or revocation by building commissioner.
4-4-332 Bed bugs.
4-4-333 Synthetic marijuana.
§ 4-4-334 Synthetic stimulants.
4-4-335 Spray paint cans and markers.
4-4-336 Improper business signs.
4-4-337 Illegal use of parking facilities.
4-4-338 Cell phones and other wireless communication equipment.
4-4-339 Walk-up service windows.
4-4-350 Violation - Penalty.
CHAPTER 4-5 LICENSE FEES FOR TITLE 4 LICENSES
CHAPTER 4-6 REGULATED BUSINESS LICENSE
CHAPTER 4-8 FOOD ESTABLISHMENTS*
CHAPTER 4-9 RESERVED*
CHAPTER 4-11 MAXWELL STREET MARKET
CHAPTER 4-12 FARMERS MARKETS*
CHAPTER 4-13 SHORT TERM RESIDENTIAL RENTAL INTERMEDIARIES AND ADVERTISING PLATFORMS
CHAPTER 4-14 SHARED HOUSING UNITS
CHAPTER 4-16 SHARED HOUSING UNIT OPERATOR
CHAPTER 4-17 RESTRICTED RESIDENTIAL ZONES
CHAPTER 4-24 LITHIUM-ION BATTERIES*
CHAPTER 4-28 DRAIN LAYERS
CHAPTER 4-32 RESERVED*
CHAPTER 4-36 LICENSING OF GENERAL CONTRACTORS
CHAPTER 4-40 RESERVED*
CHAPTER 4-44 INCOME TAX PREPARERS*
CHAPTER 4-48 RESERVED*
CHAPTER 4-52 RESERVED*
CHAPTER 4-58 RESTRICTIONS ON BYOB
CHAPTER 4-60 LIQUOR DEALERS
CHAPTER 4-64 TOBACCO DEALERS*
CHAPTER 4-68 AMBULANCES*
CHAPTER 4-72 RESERVED*
CHAPTER 4-75 CHILDREN'S SERVICES FACILITY
CHAPTER 4-76 CHILD CARE INSTITUTION*
CHAPTER 4-80 RESERVED*
CHAPTER 4-83 HELIPORTS
CHAPTER 4-84 RESERVED*
CHAPTER 4-88 RESERVED*
CHAPTER 4-92 RESERVED*
CHAPTER 4-93 RESERVED*
CHAPTER 4-96 RESERVED*
CHAPTER 4-97 RESERVED*
CHAPTER 4-100 RESERVED*
CHAPTER 4-108 FILLING STATIONS
CHAPTER 4-115 RESERVED*
CHAPTER 4-128 RESERVED*
CHAPTER 4-144 WEAPONS DEALERS
CHAPTER 4-149 RESERVED*
CHAPTER 4-151 SHOOTING RANGE FACILITY LICENSE
CHAPTER 4-152 WHOLESALE DRUG, CHEMICAL OR PAINT STORES*
CHAPTER 4-156 AMUSEMENTS
CHAPTER 4-160 SPORTS PLAZAS*
CHAPTER 4-164 RESERVED*
CHAPTER 4-165 RESERVED*
CHAPTER 4-168 BICYCLE MESSENGER SERVICES
CHAPTER 4-180 RESERVED*
CHAPTER 4-184 RESERVED*
CHAPTER 4-188 RESERVED*
CHAPTER 4-196 RESERVED*
CHAPTER 4-204 RESERVED*
CHAPTER 4-207 RESERVED*
CHAPTER 4-208 RESERVED*
CHAPTER 4-209 RESERVED*
CHAPTER 4-210 RESERVED*
CHAPTER 4-212 POP-UP RETAIL USERS*
CHAPTER 4-216 RESERVED*
CHAPTER 4-220 RESERVED*
CHAPTER 4-224 MANUFACTURING ESTABLISHMENTS
CHAPTER 4-226 RESERVED*
CHAPTER 4-227 TOWING
CHAPTER 4-228 MOTOR VEHICLE REPAIR SHOPS
CHAPTER 4-229 RESERVED*
CHAPTER 4-232 MOTOR VEHICLE STORAGE AND SALES
CHAPTER 4-233 RESERVED*
CHAPTER 4-236 PARKING LOT AND GARAGE OPERATIONS TAX
CHAPTER 4-240 PAWNBROKERS
CHAPTER 4-244 STREET PEDDLERS AND STREET PERFORMERS*
CHAPTER 4-250 COMMERCIAL PASSENGER VESSELS
CHAPTER 4-252 RESERVED*
CHAPTER 4-253 RESERVED*
CHAPTER 4-256 RESERVED*
CHAPTER 4-260 RESERVED*
CHAPTER 4-264 SECONDHAND DEALERS
CHAPTER 4-266 BOILER AND PRESSURE VESSEL REPAIRERS*
CHAPTER 4-268 RESERVED*
CHAPTER 4-276 REGULATION OF WEIGHTS AND MEASURES
CHAPTER 4-280 CABLE COMMUNICATION
CHAPTER 4-284 CABLE ETHICS
CHAPTER 4-288 CRANE OPERATORS
CHAPTER 4-290 ELECTRICAL CONTRACTORS
CHAPTER 4-292 SUPERVISING ELECTRICIANS
CHAPTER 4-296 RESERVED*
CHAPTER 4-298 ELEVATOR MECHANIC CONTRACTORS
CHAPTER 4-304 RESERVED*
CHAPTER 4-305 REMOTE SERVICE TERMINALS
CHAPTER 4-308 FOREIGN FIRE INSURANCE COMPANIES
CHAPTER 4-312 RESERVED*
CHAPTER 4-324 RESERVED*
CHAPTER 4-328 NEWS MEDIA CREDENTIALS
CHAPTER 4-332 PLUMBERS
CHAPTER 4-336 PLUMBING CONTRACTORS
CHAPTER 4-340 SPECIAL POLICEMEN AND SECURITY GUARDS
CHAPTER 4-344 STATIONARY ENGINEERS*
CHAPTER 4-348 RESERVED*
CHAPTER 4-352 TELEGRAPH SERVICES
CHAPTER 4-360 VENDOR LICENSING AND REGULATION AT NAVY PIER
CHAPTER 4-364 WAREHOUSES*
CHAPTER 4-368 RESERVED*
CHAPTER 4-372 RESERVED*
CHAPTER 4-376 MASON CONTRACTORS*
CHAPTER 4-380 RESERVED*
CHAPTER 4-384 ANIMAL CARE
CHAPTER 4-388 ROOFTOPS IN WRIGLEY FIELD ADJACENT AREA
CHAPTER 4-392 RESERVED*
CHAPTER 4-400 RESERVED*
TITLE 5 HOUSING AND ECONOMIC DEVELOPMENT
TITLE 6 HUMAN RIGHTS*
TITLE 7 HEALTH AND SAFETY
TITLE 8 OFFENSES AFFECTING PUBLIC PEACE, MORALS AND WELFARE
TITLE 9 VEHICLES, TRAFFIC AND RAIL TRANSPORTATION
TITLE 10 STREETS, PUBLIC WAYS, PARKS, AIRPORTS AND HARBORS
TITLE 11 UTILITIES AND ENVIRONMENTAL PROTECTION
TITLE 12 RESERVED
TITLE 13 BUILDINGS AND CONSTRUCTION
TITLE 14 RESERVED*
TITLE 14A ADMINISTRATIVE PROVISIONS OF THE CHICAGO CONSTRUCTION CODES*
TITLE 14B BUILDING CODE*
TITLE 14C CONVEYANCE DEVICE CODE*
TITLE 14E ELECTRICAL CODE*
TITLE 14F FIRE PREVENTION CODE*
TITLE 14G FUEL GAS CODE*
TITLE 14M MECHANICAL CODE*
TITLE 14N 2022 ENERGY TRANSFORMATION CODE*
TITLE 14P PLUMBING CODE*
TITLE 14R BUILDING REHABILITATION CODE*
TITLE 14X MINIMUM REQUIREMENTS FOR EXISTING BUILDINGS*
TITLE 15 FIRE PREVENTION
TITLE 16 LAND USE
TITLE 17 CHICAGO ZONING ORDINANCE
TITLE 18 BUILDING INFRASTRUCTURE
APPENDIX TO THE MUNICIPAL CODE OF CHICAGO (RESERVED)*
TABLES
Chicago Zoning Ordinance and Land Use Ordinance
TITLE 4
BUSINESSES, OCCUPATIONS AND CONSUMER PROTECTION
   Ch. 4-4   General Licensing Provisions
   Ch. 4-5   License Fees for Title 4 Licenses
   Ch. 4-6   Regulated Business License
   Ch. 4-8   Food Establishments
   Ch. 4-11   Maxwell Street Market
   Ch. 4-12   Farmers Markets
   Ch. 4-13   Short Term Residential Rental Intermediaries and Advertising Platforms
   Ch. 4-14   Shared Housing Units
   Ch. 4-16   Shared Housing Unit Operator
   Ch. 4-17   Restricted Residential Zones
   Ch. 4-24   Lithium-Ion Batteries
   Ch. 4-28   Drain Layers
   Ch. 4-32   Reserved
   Ch. 4-36   Licensing of General Contractors
   Ch. 4-40   Reserved
   Ch. 4-44   Income Tax Preparers
   Ch. 4-48   Reserved
   Ch. 4-52   Reserved
   Ch. 4-58   Restrictions on BYOB
   Ch. 4-60   Liquor Dealers
   Ch. 4-64   Tobacco Dealers
   Ch. 4-68   Ambulances
   Ch. 4-72   Reserved
   Ch. 4-75   Children's Services Facility
   Ch. 4-76   Child Care Institution
   Ch. 4-80   Reserved
   Ch. 4-83   Heliports
   Ch. 4-84   Reserved
   Ch. 4-88   Reserved
   Ch. 4-92   Reserved
   Ch. 4-93   Reserved
   Ch. 4-96   Reserved
   Ch. 4-97   Reserved
   Ch. 4-100   Reserved
   Ch. 4-108   Filling Stations
   Ch. 4-115   Reserved
   Ch. 4-128   Reserved
   Ch. 4-144   Weapons Dealers
   Ch. 4-149   Reserved
   Ch. 4-151   Shooting Range Facility License
   Ch. 4-152   Wholesale Drug, Chemical or Paint Stores
   Ch. 4-156   Amusements
   Ch. 4-160   Sports Plazas
   Ch. 4-164   Reserved
   Ch. 4-165   Reserved
   Ch. 4-168   Bicycle Messenger Services
   Ch. 4-184   Reserved
   Ch. 4-188   Reserved
   Ch. 4-196   Reserved
   Ch. 4-204   Reserved
   Ch. 4-207   Reserved
   Ch. 4-208   Reserved
   Ch. 4-209   Reserved
   Ch. 4-210   Reserved
   Ch. 4-212   Pop-Up Retail Users
   Ch. 4-216   Reserved
   Ch. 4-220   Reserved
   Ch. 4-224   Manufacturing Establishments
   Ch. 4-226   Reserved
   Ch. 4-227   Towing
   Ch. 4-228   Motor Vehicle Repair Shops
   Ch. 4-229   Tire Facilities
   Ch. 4-232   Motor Vehicle Storage and Sales
   Ch. 4-233   Reserved
   Ch. 4-236   Parking Lot and Garage Operations Tax
   Ch. 4-240   Pawnbrokers
   Ch. 4-244   Street Peddlers and Street Performers
   Ch. 4-250   Commercial Passenger Vessels
   Ch. 4-252   Reserved
   Ch. 4-253   Reserved
   Ch. 4-256   Reserved
   Ch. 4-260   Reserved
   Ch. 4-264   Secondhand Dealers
   Ch. 4-266   Boiler and Pressure Vessel Repairers
   Ch. 4-268   Reserved
   Ch. 4-276   Regulation of Weights and Measures
   Ch. 4-280   Cable Communication
   Ch. 4-284   Cable Ethics
   Ch. 4-288   Crane Operators
   Ch. 4-290   Electrical Contractors
   Ch. 4-292   Supervising Electricians
   Ch. 4-296   Reserved
   Ch. 4-298   Elevator Mechanic Contractors
   Ch. 4-304   Reserved
   Ch. 4-305   Remote Service Terminals
   Ch. 4-308   Foreign Fire Insurance Companies
   Ch. 4-312   Reserved
   Ch. 4-324   Reserved
   Ch. 4-328   News Media Credentials
   Ch. 4-332   Plumbers
   Ch. 4-336   Plumbing Contractors
   Ch. 4-340   Special Policemen and Security Guards
   Ch. 4-344   Stationary Engineers
   Ch. 4-348   Reserved
   Ch. 4-352   Telegraph Services
   Ch. 4-360   Vendor Licensing and Regulation at Navy Pier
   Ch. 4-364   Warehouses
   Ch. 4-368   Reserved
   Ch. 4-372   Reserved
   Ch. 4-376   Mason Contractors
   Ch. 4-380   Reserved
   Ch. 4-384   Animal Care
   Ch. 4-388   Rooftops in Wrigley Field Adjacent Area
   Ch. 4-392   Reserved
   Ch. 4-400   Reserved
CHAPTER 4-4
GENERAL LICENSING PROVISIONS*
* Editor's note – Coun. J. 5-9-12, p. 27485, § 14, amended Ch. 4-4, §§ 4-4-0054-4-350, to read as herein set out and repealed §§ 4-4-010 – 4-4-390, in their entirety. Prior to inclusion of these provisions, Ch. 4-4 pertained to general licensing provisions.
Article I. General License Requirements
4-4-005   Definitions.
4-4-010   License – Required – Violation – Penalty.
4-4-015   Closure order – Violation – Penalty.
4-4-016   Classification of licenses.
4-4-020   Limited business license – Required for businesses not provided for by other Code provisions – License fee.
4-4-022   Emerging businesses – Non-traditional business activity – Permit requirements.
4-4-023   License review advisory group.
4-4-040   License – Issuance.
4-4-045   Pre-license issuance – Proximity restriction measurement – Application – Fee.
4-4-050   License – Application.
4-4-060   License – Application and renewal – Inspection or investigation.
4-4-070   License – Application – Affidavits.
4-4-080   Bonds.
4-4-084   License suspension or revocation pending payment of fines, costs or other sum of money owed to the city.
4-4-100   Fast-track business sign.
4-4-112   Unlicensed businesses – Liability of property owner.
4-4-120   Unlicensed businesses – Liability of third-party facilitator.
4-4-130   Rebate or refund of fees.
4-4-135   Reinspection fees.
4-4-150   Indebtedness – License ineligibility.
4-4-152   Child support delinquencies.
4-4-160   Mailing of license and related material.
4-4-170   Change of location.
4-4-175   Change of officers.
4-4-176   Change of business name.
4-4-180   Adjustments.
4-4-190   Nontransferability – Unlawful transfer or use.
4-4-200   License insignia – Loss – Associated fees.
4-4-210   License insignia – Display.
4-4-230   License certificates and insignia – Alteration or removal prohibited.
4-4-240   Customer service placards required to be displayed.
4-4-250   Expiration.
4-4-260   License renewal.
4-4-265   Remediation conferences.
4-4-270   Building permit privileges – Suspension.
4-4-280   License revocation.
4-4-281   License and registration rescission.
4-4-282   License suspension or revocation – Illegal activities on premises.
4-4-283   Closure due to dangerous or hazardous conditions – Effect on license or application.
4-4-285   Public safety threat – Summary closure – When authorized.
4-4-289   Effect of revocation.
4-4-290   Enforcement of license ordinances.
4-4-295   Unlawful interference with enforcement.
4-4-299   Trademark violations.
4-4-300   Hazardous occupancies.
4-4-305   Inspections – Duties of licensee.
4-4-306   Illegal conduct on licensed premises – Cooperation with police.
4-4-307   Fingerprinting.
4-4-310   Public ways – Maintenance – Littering prohibited – Snow and ice removal.
4-4-312   Businesses – Chronic illegal activities premises.
4-4-313   Businesses that are or cause a nuisance.
4-4-314   Restrictions on display of merchandise.
4-4-320   License denial, revocation or suspension for certain offenses.
4-4-322   License or registration – Suspension or revocation by building commissioner.
4-4-332   Bed bugs.
4-4-333   Synthetic marijuana.
4-4-334   Synthetic stimulants.
4-4-335   Spray paint cans and markers.
4-4-336   Improper business signs.
4-4-337   Illegal use of parking facilities.
4-4-338   Cell phones and other wireless communication equipment.
4-4-339   Walk-up service windows.
4-4-350   Violation – Penalty.
ARTICLE I. GENERAL LICENSE REQUIREMENTS (4-4-005 et seq.)
4-4-005 Definitions.
   As used in this Title 4, unless the context clearly indicates otherwise:
   "Applicant" means any person applying for a license. The term "applicant" includes all controlling persons.
   "Board of health" means the board of health of the City of Chicago.
   "Building code" or "building provisions of this Code" shall have the meaning ascribed to the term in Section 1-4-090.
   "Chicago Zoning Ordinance" means the City of Chicago Zoning Ordinance set forth in Title 17 of this Code.
   "City" means the City of Chicago.
   "Commissioner" means the Commissioner of the Department of Business Affairs and Consumer Protection or his or her designee.
   "Commissioner of Public Health" means the Commissioner of the Department of Public Health of the City of Chicago or his or her designee.
   "Controlling person(s)" means any person who (1) is an officer, director, manager, managing member, partner, general partner or limited partner of an entity; or (2) owns, directly or indirectly through one or more intermediate ownership entities, 25 percent or more of the interest or voting shares in an entity seeking or holding a license; or (3) is among the top three persons holding the highest percentage of ownership interest in an entity; or (4) controls or directs in any manner the actions of a legal entity.
   "Department" means the Department of Business Affairs and Consumer Protection.
   "Department of Health" or "Department of Public Health" means the Department of Public Health of the City of Chicago.
   "Fire Commissioner" means the Commissioner of the Fire Department of the City of Chicago or his or her designee.
   "Licensee" means any person licensed or required to be licensed by the City, including all controlling persons.
   "Mayor" means the Mayor of the City of Chicago or the Mayor’s designee.
   "Minor cannabis offense" means a violation of Section 4 or 5 of the Cannabis Control Act, 720 ILCS 550/1, et seq., concerning not more than 30 grams of any substance containing cannabis, provided the violation does not include a penalty enhancement under Section 7 of the Cannabis Control Act and is not associated with an arrest, conviction or other disposition for a violent crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act, 725 ILCS 120/1, et seq.
   "Person" has the meaning ascribed to the term in Section 1-4-090.
(Added Coun. J. 5-9-12, p. 27485, § 14; Amend Coun. J. 5-18-16, p. 24131, § 3; Amend Coun. J. 11-26-19, p. 11547, § 2; Amend Coun. J. 2-24-21, p. 27657, Art. III, § 1)
4-4-010 License – Required – Violation – Penalty.
   It shall be unlawful for any person to operate any business for which a City of Chicago license is required without first having obtained the required license(s) for such business. Each location at which a business operates must be separately licensed. Except as otherwise provided in Title 4, any person violating this section shall be fined not less than $250.00 nor more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 5-9-12, p. 27485, § 14; Amend Coun. J. 11-21-17, p. 61755, Art. V, § 3)
4-4-015 Closure order – Violation – Penalty.
   (a)   The Commissioner is authorized to order a business closed, in whole or in part:
      (1)   for engaging in unlicensed business activity, until all the required licenses are obtained, or
      (2)   for failing to pay any required license fee or to renew a license. The Commissioner shall issue a 10-day notice of violation before any closure under this subsection (a)(2) may take place.
   For the purposes of this Chapter, a business that has been issued a cease and desist order for a particular business activity shall be considered closed as to that business activity.
   (b)   If the Commissioner orders a business closed, whether in its entirety or as to one or more business activities, the Commissioner shall post a notice or sign on the licensed premises indicating that the business is closed in its entirety or as to specific business activities and is prohibited from engaging in them. No person shall remove any such notice or sign unless and until the business reopens, whether in its entirety or as to the closed business activities, in compliance with the Code.
   (c)   Any person who continues to operate a business which has been closed, in whole or in part, by the Commissioner pursuant to this section shall be subject to a fine of not less than $500.00 nor more than $1,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense. In addition to any other penalty provided by law, such violation may also be punishable as a misdemeanor by incarceration in the county jail for a term not to exceed six months under the procedures set forth in Section 1-2-1.1 of the Illinois Municipal Code and under the provisions of the Illinois Code of Criminal Procedure.
(Added Coun. J. 5-9-12, p. 27485, § 14; Amend Coun. J. 11-21-17, p. 61755, Art. V, § 4)
4-4-016 Classification of licenses.
   Business licenses issued under this Title 4 shall be one of three general types: (1) a limited business license issued under Section 4-4-020; or (2) a regulated business license issued under Chapter 4-6 of this Code; or (3) a specific license type established under Title 4.
(Added Coun. J. 5-9-12, p. 27485, § 14)
4-4-020 Limited business license – Required for businesses not provided for by other Code provisions – License fee.
   (a)   All businesses must be licensed to operate in the City of Chicago and shall obtain a limited business license from the department unless:
      (1)   the business is required to obtain a regulated business license under Chapter 4-6 of this Code; or
      (2)   the business is required to obtain one or more specific licenses under a specific chapter of Title 4 of this Code; or
      (3)   the City of Chicago is preempted from licensing the business by federal or state law; or
      (4)   a permit has been issued for the business pursuant to Section 4-4-022.
   (b)   The license fee for a limited business license shall be as set forth in Section 4-5-010 and shall accompany the license application.
   (c)   Any person who obtains a limited business license shall limit the activities carried on in such business to those activities identified in the license application. If the licensee adds any activity not identified in, or outside the bounds of, or not incidental to the description of the business activities provided at the time of licensing, the licensee shall so inform the department prior to commencing the additional activity. If a specific license is required for the additional business activity, the licensee shall obtain such specific license prior to commencing the additional activity.
   (d)   A limited business license shall not be required for any business activity that has been disclosed in the license application and that is incidental to the primary business activity for which a license has been obtained. Provided, however, that if a specific license is required for such incidental business activity, the licensee shall obtain such specific license prior to commencing the incidental activity.
   (e)   Notwithstanding the foregoing requirements, the licensing provisions of this chapter shall not apply to the sale or exchange of used merchandise conducted or controlled by charitable organizations.
(Added Coun. J. 5-9-12, p. 27485, § 14)
4-4-022 Emerging businesses – Non-traditional business activity – Permit requirements.
   (a)   In reviewing a license application, the commissioner shall determine whether a proposed business activity is an emerging business type or a non-traditional business activity that falls outside the parameters of any existing regulated business license under Chapter 4-6 or other specific license type under Title 4, and whether the proposed business activity presents potential risks to the public health, safety and welfare such that, for the protection of the public, the activity must be subject to more intense regulation than would be associated with a limited business license.
   (b)   If the commissioner so determines, the commissioner may disapprove the license application. The applicant may seek a hearing on the disapproval pursuant to the procedures of Section 4-4-060.
   (c)   In the alternative, the commissioner is authorized to grant an emerging business permit to the applicant to engage in the proposed business activity on an experimental basis.
   (d)   The emerging business permit shall be non- renewable and valid for a maximum of two years. The emerging business permit shall be a personal privilege and not property. The emerging business permit shall not be transferrable to another location, person or business entity. If the officers or owners of the business change, the emerging business permit shall immediately terminate unless the change has been approved in advance by the commissioner.
   (e)   The commissioner may attach conditions to the emerging business permit as are reasonably required to protect the public health, safety and welfare from risks including, but not limited to: adverse impact on public health, public safety, increased demand on city services, increased environmental impacts, or increased traffic or congestion in the public way. The commissioner may attach any such conditions when the emerging business permit is issued, or the commissioner may attach, remove or modify conditions at any time during the term of the permit, upon reasonable notice to the permit holder.
   (f)   The commissioner may make a determination at any time during the term of the emerging business permit that the permitted business activity as conducted presents an unreasonable risk to the public health, safety and welfare which cannot be mitigated, and may rescind the emerging business permit, with or without prior notice. If an emerging business permit is rescinded, the permit holder shall be given the opportunity to appear before the commissioner to contest the permit rescission before the rescission is effective or no later than ten days after the rescission is effective.
   (g)   At the end of the term of the emerging business permit, the permit holder's permission to engage in the permitted business activity shall terminate unless (1) the City Council has established a new license category or amended an existing license category under which the permitted business activity may be licensed; and (2) the permit holder has applied for and obtained the necessary license.
   (h)   When issuing an emerging business permit, and when attaching, removing or modifying conditions on an existing emerging business permit, the commissioner shall make a report to the license review advisory group and to the chairman of the city council committee on license and consumer protection or its successor committee describing the permitted business activity and the conditions imposed upon that activity.
   (i)   After three-fourths of the emerging business permit term has elapsed, the permit holder may submit a report to the commissioner and to the chairman of the city council committee on license and consumer protection or its successor committee requesting that a license category be created or amended to license the permitted business activity. The report shall describe the permitted business activity, the history of its operation under the emerging business permit, any disciplinary, legal or law enforcement problems that arose out of the permitted business activity, any positive or negative impacts of the permitted business activity on the public health, safety and welfare, and the public benefit derived from the permitted business activity. The city council may, in its discretion, elect to establish a new license category or amend an existing license category on the same or different terms as the emerging business permit.
   (j)   Each application for an emerging business permit shall be considered independently. The issuance of an emerging business permit to an applicant, or the conditions imposed on a permit by the commissioner, shall not be precedent for the issuance of, or imposition of permit conditions upon, a similar emerging business permit to any other applicant or permit holder.
   (k)   Operation of a business under an emerging business permit shall constitute acceptance of the terms and conditions of this ordinance, any applicable rules and regulations, and any special conditions of the permit.
   (l)   The commissioner may issue rules and regulations to effectuate the purposes of this section.
(Added Coun. J. 5-9-12, p. 27485, § 14)
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