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(Added Coun. J. 5-9-12, p. 27485, § 14)
(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)
(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)
The commissioner may convene, at the commissioner's discretion, a license review advisory group for the purpose of recommending amendments to, repeal of or adoption of new provisions relating to licensing of any business in the city. Such group shall comprise selected representatives of city departments and agencies, and the chairman of the city council committee on license and consumer protection or its successor committee. In addition, such group may include business constituencies affected by the proposed change in law and interested aldermen.
(Added Coun. J. 5-9-12, p. 27485, § 14)
All licenses issued by the city shall bear the seal of the city, and shall contain the following information: (1) the name and address of the licensed establishment; (2) the nature or type of business licensed; (3) the amount of the licensee fee paid; and (4) such other material information as appropriate for the license type.
(Added Coun. J. 5-9-12, p. 27485, § 14)
(a) Proximity restriction measurement – When authorized – Construction of section. If a proximity restriction applies in connection with any license issued under this Title IV, the person seeking such license (for purposes of this section, "prospective license applicant") may, prior to submitting a license application under Section 4-4-050, file an application with the department, on a form prescribed by the commissioner, requesting the department to measure the radius of the applicable area to determine whether, consistent with the applicable proximity restriction, the license(s) being sought by the prospective license applicant may be issued by the department. Provided, however, that nothing in this section shall be construed to prohibit the department from re-measuring the radius of the applicable area under this section or in connection with the submission of a license application under Section 4-4-050.
(b) Application – Notice – Duration. The application for a measurement under this section shall contain the following information: (1) the applicant's name; (2) the license(s) being sought by the applicant; (3) the street number and location of the premises for which the license(s) is being sought; (4) the boundaries of the premises for which the license(s) is being sought; and (5) any other information or documentation that the commissioner may require to conduct the measurement. Within 10 business days of completing such measurement, the commissioner shall notify the applicant in writing of: (i) the results of such measurement, and (ii) whether, based on those results and consistent with the applicable proximity restriction, the license(s) being sought may be issued by the department. Except in the case of a measuring error made by the department, a measurement under this section shall be valid for 60 calendar days after the date of notice, as identified on the face of such notice.
(c) Non-refundable application fee – Exceptions. An application under this section shall be accompanied by a non-refundable application fee of $250. Provided, however, that if the license(s) being sought by the prospective license applicant, as set forth in the application submitted under this section, is subsequently issued to such person for the premises and at the location described in such application, the $250 application fee required under this section shall be deducted from the total amount of the license fee(s) required to be paid by such person in connection with the initial issuance of such license(s). Provided further, that if a measuring error made by the department prohibits the department from issuing the requested license(s), the $250 application fee required under this section shall be refunded to the applicant under this section.
(Added Coun. J. 10-28-15, p. 11951, Art. X, § 5)
(a) Every application for, and renewal of, a license under Title 4 shall, at a minimum, contain, or in the case of license renewal confirm, the following information:
(1) If the applicant is an individual:
(i) the applicant's full name, residence address, business address, business, home and cellular telephone numbers, and e-mail address;
(ii) the name and telephone number of an emergency contact person;
(iii) the applicant's date of birth and social security number;
(iv) proof that the applicant is at least 18 years of age;
(2) If the applicant is a corporation:
(i) the applicant's name, the name under which the applicant is doing business, the applicant's address, the business' address, the applicant's telephone number and the business location's telephone number;
(ii) the date and state of incorporation;
(iii) the name, residence address and residence telephone number of all controlling persons;
(iv) the date of birth and social security number of all controlling persons;
(v) the name and telephone number of an emergency contact person;
(vi) proof that all controlling persons are at least 18 years of age;
(vii) proof that the corporation is in good standing under the laws of the State of Illinois;
(3) If the applicant is a partnership or limited liability company:
(i) the applicant's name, the name under which the applicant is doing business, the applicant's address, the business' address, the applicant's telephone number and the business location's telephone number;
(ii) the name, residence address, residence telephone number, date of birth and social security number of all partners, if a general partnership; of all general and limited partners, if a limited partnership; of all managers, managing members and members, if a limited liability company; and of all controlling persons;
(iii) the name and telephone number of an emergency contact person;
(iv) proof that all controlling persons are at least 18 years of age;
(4) If the applicant seeks to do business under an assumed name, proof of compliance with the Illinois Assumed Business Name Act;
(5) A description of the activities and services, as applicable, that the applicant will carry on or provide at the licensed premises;
(6) Whether the business activity at the location meets the requirements of the Chicago Zoning Ordinance;
(7) The license fee; and
(8) Any other information that the commissioner may reasonably require in connection with issuance or renewal of a license.
(b) It is a condition of the license that all information in the license application be kept current. The licensee shall report to the department any change in the above required information within ten business days of such change.
(c) The commissioner of the department responsible for issuing any required license shall promulgate rules and regulations to provide for situations where any of the information required in subsection (a) of this section or in a specific license type is not available.
(d) It shall be grounds for revocation or rescission of any license issued under Title 4 if the licensee or license applicant knows or should have known that the license application or renewal documentation contains false or incomplete information.
(e) Eligibility for issuance of any license under Title 4 shall be a continuing requirement for maintaining such license.
(f) No application for a license shall be accepted for any location if a license issued under this Title 4 at that location is subject to a pending disciplinary hearing seeking revocation of such license.
(Added Coun. J. 5-9-12, p. 27485, § 14; Amend Coun. J. 11-8-12, p. 38872, § 44; Amend Coun. J. 12-10-14, p. 100450, § 1)
(a) All applications for a license submitted to the Department shall be reviewed and approved by the Zoning Administrator for compliance with the Chicago Zoning Ordinance.
(b) Upon receipt of an application for a license, the Commissioner shall transmit to the appropriate departments or boards all information necessary for any required investigation, inspection or approval. Within ten days after receipt of such information, the head of the applicable department or board shall investigate the applicant or inspect the business premises, as appropriate, and shall provide the Commissioner with a written report summarizing the results of such investigation or inspection, or, if applicable, whether the license applicant has sufficiently self-certified the requirements necessary for approval of the application. The Commissioner is also authorized to examine the applicant for a license or renewal thereof or its controlling persons under oath, and to examine the books and records of any such applicant. If the applicant fails to appear to answer any question or to produce any book(s) or record(s) required to be produced, such failure shall be sufficient grounds to disapprove the license application. Within two business days of receipt of such written report, the Commissioner shall approve or disapprove the license application.
If the Commissioner determines that the applicant and all controlling persons have complied with all requirements necessary for the license to be issued, and that the location of the business and the condition of the premises are proper, and that the license applicant is in compliance with all laws and provisions of the Code applicable to the business identified in the license application, the Commissioner shall issue such license.
If the Commissioner disapproves the license application or renewal, the Commissioner shall notify the applicant in writing of the reasons for such disapproval. Such notice shall be sent to the applicant, by first class mail addressed to the applicant at the address identified in the license application, within five calendar days after the date on which such disapproval occurs. Within ten calendar days after such notice is mailed, the license applicant may make a written request to the Commissioner for a hearing on the disapproved application. Within ten calendar days after such written request for a hearing is made, a public hearing shall be authorized before a hearing officer appointed by the Commissioner. Such public hearing shall be commenced within ten calendar days after such hearing is authorized. Within 14 calendar days after completion of such hearing, the hearing officer shall report the findings to the Commissioner. If the Commissioner determines after such hearing that the license application or renewal should be denied, the Commissioner shall, within 60 calendar days after such hearing has been concluded, state the reasons for the Commissioner's determination in a written finding and shall serve a copy of such written finding upon the license applicant. The Commissioner's determination shall be final and may be appealed in the manner provided by law.
(c) Except for licenses issued pursuant to Chapter 4-60 or Articles III, V or VI of Chapter 4-156 of this Code: The license review process shall be completed within 90 calendar days after the license application is filed. If the license review process is not completed within 90 calendar days after the license application is filed, the license application fee shall be forfeited to the City and a new application and filing fee submitted to the Department after expiration of such 90-day period, unless the delay in completing the license review process was caused by the City or is solely due to the failure to complete building inspections.
(d) If an inspection is required under Title 4 for a license to be issued or renewed, no fee shall be assessed for such inspection. Provided, however, that a $50.00 reinspection fee may be assessed against an applicant if a subsequent inspection is necessary due to the applicant's failure to take any required action or whenever a scheduled inspection cannot take place because the applicant is absent.
(Added Coun. J. 5-9-12, p. 27485, § 14; Amend Coun. J. 2-10-16, p. 18766, § 1; Amend Coun. J. 11-21-17, p. 61755, Art. VII, § 1)
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