4-4-060 License – Application and renewal – Inspection or investigation.

   (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)

4-4-070 License – Application – Affidavits.

   All applicants may be required to swear before a notary to any statement made in connection with the application for any license.

(Added Coun. J. 5-9-12, p. 27485, § 14)

4-4-080 Bonds.

   If a bond is required under the license provisions of Title 4, the corporation counsel or comptroller, or their respective designee(s), may review or investigate such bond before a license is granted or renewed. A bond may be rejected by the city on legal or financial grounds. If the bond is rejected, the applicant or licensee shall be notified of the reason(s) why the bond was rejected and may submit a new bond for approval by the corporation counsel or comptroller or their respective designee(s).

(Added Coun. J. 5-9-12, p. 27485, § 14)

4-4-084 License suspension or revocation pending payment of fines, costs or other sum of money owed to the city.

   If a person fails to pay any fine, assessment of costs or other sum of money owed to the city pursuant to an order of the department, a court order or an order of the department of administrative hearings within 30 calendar days of such fine, assessment or sum of money becoming a debt due and owing to the city within the meaning of Chapter 1-19 of this Code, such person's license may be suspended or revoked by the department in accordance with the requirements set forth in Section 4-4-280. If the license is suspended, the suspension shall remain in effect until such time that the fine, assessment of costs or other sum of money is paid in full. If the license is revoked, the licensee shall be barred from applying for a new or different city license for a period of one year after the date of revocation.

(Added Coun. J. 5-9-12, p. 27485, § 14)

4-4-100 Fast-track business sign.

   (a)   Each business that is either licensed by the City or exempt from licensure pursuant to Section 4-4-020(a)(3) and that is located on a ground floor shall be allowed one fast-track business sign without the need for a sign permit issued by the Department of Buildings, subject to the restrictions of this Section 4-4-100.

   (b)   The Commissioner may promulgate rules for the administration of the fast-track business sign program, including, but not limited to, requiring that the sign display a Department issued decal.

   (c)   For purposes of this section, the term "fast-track business sign" is defined as an on-premise sign, as that term is defined in Section 17-17-02109, of no more than 16 square feet (4.87 m2) in area located in the interior side of a ground floor window of the on-premise business. In no event may the sign extend over the public way, be a dynamic image display sign, a flashing sign, or a video display sign. Further, the sign must be of a type allowed for that location under Title 17 of this Code. An on-premise ground floor window sign that is electrically powered must comply with Chapter 14E of this Code. A business sign that is electrically hard-wired is subject to issuance of an electrical permit and must be installed by a registered electrical contractor pursuant to that electrical permit. The exemption from a sign permit requirement under this section is for one on-premises sign per business only and the 16 square feet (4.87 m2) allotment may not be divided among multiple signs. The sign authorized by this Section is in addition to window signs allowed under Section 13-20-550(d) of this Code. The sign authorized by this section shall be not counted in the calculation of the total sign area restrictions imposed by Section 17-12-1003.

   (d)   The fee for each fast-track business sign shall be $250.00.

(Added Coun. J. 11-26-19, p. 11390, Art. IX, § 2)

4-4-112 Unlicensed businesses – Liability of property owner.

   (a)   No property owner shall allow any person to operate on such owner's property any business for which a license is required under this Code without a license first having been obtained for such business.

   (b)   Any property owner who violates subsection (a) of this section shall be notified in writing by the department of the fact of such violation and of the property's duty to correct such violation of this section. If the property owner fails to correct such violation by the date certain set forth in the written notice required under this section, the property owner shall be subject to a fine of up to $500.00 for the first offense of subsection (a) within any five year period; of up to $5,000.00 for the second offense of subsection (a) within any five year period; and of up to $10,000.00 for the third or any subsequent offense of subsection (a) within any five year period. Each day that a violation continues shall constitute a separate and distinct offense. Mitigating factors that may be considered in determining the amount of the fine to be imposed against the property owner shall include the following: (1) proof that the property owner has initiated eviction proceedings against the tenant engaged in the unlicensed business activity; (2) proof that the property owner called 311 in a timely manner to report the unlicensed business activity; (3) proof that the property owner filed a timely complaint with 311 online through www.cityofchicago.org to report the unlicensed business activity; or (4) any other mitigating factor set forth in regulations duly promulgated by the commissioner.

(Added Coun. J. 5-9-12, p. 27485, § 14)

4-4-120 Unlicensed businesses – Liability of third-party facilitator.

   (a)   No third-party facilitator shall allow any customer to use such facilitator's application to arrange to use, or to use, a client's services or property unless such client has obtained all licenses required under this Code or under any other applicable law.

   (b)   Any third-party facilitator who violates subsection (a) of this section shall be notified in writing by the department of the fact of such violation and of the facilitator's duty to correct the violation of this section. If the facilitator fails to correct such violation by the date certain set forth in the written notice required under this subsection (b), the facilitator shall be fined up to $500.00 for the first violation of subsection (a) within any five-year period; up to $5,000.00 for the second violation of subsection (a) within any five-year period; and up to $10,000.00 for the third or any subsequent violation of subsection (a) within any five-year period. Each day that a violation continues shall constitute a separate and distinct offense. Mitigating factors that may be considered in determining the amount of the fine to be imposed against the third-party facilitator shall include the following: (1) proof that the facilitator had removed from its application the client engaged in the unlicensed business activity prior to date on which the written notice required under this subsection (b) was mailed or otherwise provided; (2) proof that the facilitator had called 311 to report the client's unlicensed business activity prior to the date on which the written notice required under this subsection (b) was mailed or otherwise provided; (3) proof that the facilitator had filed a complaint with 311 online through www.cityofchicago.org to report the client's unlicensed business activity prior to the date on which the written notice required under this subsection (b) was mailed or otherwise provided; or (4) any other mitigating factor set forth in rules duly promulgated by the commissioner.

   (c)   As used in this section:

   "Application" means any software installed and available for download on a computer, tablet, smart phone or other electronic device, or any website, mobile application or platform, internet-enabled application or platform, digital platform or internet service used by a third-party facilitator to connect the facilitator's customers with the facilitator's clients.

   "Client" means any person who has an agreement, whether express or implied, with a facilitator to directly or indirectly provide services of any type to the facilitator's customers or to allow the facilitator's customers to directly or indirectly use such client's property for any purpose if such client requires a license under this Code or under any other law to engage in the applicable business activity.

   "Customer" means any person who uses a facilitator's application to arrange to use or to use any services or property owned or leased by a facilitator's client.

   "Property" means real or personal property.

   "Third-party facilitator" or "facilitator" means any person who operates or maintains an application to connect customers with clients. The term "third-party facilitator" or "facilitator" does not include: (1) short term residential rental intermediaries as that term is defined in Section 4-13-100; or (2) transportation network providers as defined in Section 9-115-010; or (3) any other category of persons exempt from this section by express provisions of this Code.

(Added Coun. J. 6-25-21, p. 31925, Art. V, § 2; Amend Coun. J. 11-7-22, p. 54948, Art. V, § 1)

4-4-130 Rebate or refund of fees.

   (a)   No license fee or part thereof shall be refunded or rebated to any person, unless the commissioner determines that (1) the license fee was collected in error, or (2) the holder of a license has been prevented from enjoying the full license privilege because such holder is (i) the sole proprietor of the licensed establishment, and (ii) on active-duty status in the United States Armed Forces regular component, reserve component or National Guard, and (iii) stationed beyond the corporate limits of the city; or (3) the licensed business is forced to close before the license period expires due to an exercise of the power of eminent domain by the government. If a refund or rebate of any license fee is requested and made pursuant to items (2) or (3) of this section, the amount of such refund or rebate shall be prorated to reflect the number of months remaining during the license period, as measured from the date on which the applicable requirements set forth in items (2) or (3) are met.

   (b)   If a license applicant files an incomplete license application with the department, and such applicant fails to complete the license application within 90 days after the date on which such incomplete application is filed, the license fee shall be forfeited to the city and a new application and license fee shall be required to process the application. Provided, however, that this requirement shall not apply to any license issued under Chapters 4-60 or 4-156 of this Code. Provided further, that this requirement shall not apply if the applicant's failure to complete the license application in a timely manner is caused by the city.

(Added Coun. J. 5-9-12, p. 27485, § 14)

4-4-135 Reinspection fees.

   Except as otherwise provided in subsection (d) of Section 4-4-060, a reinspection fee in the amount of $50.00 shall be assessed against the licensee for each necessary or appropriate inspection conducted by or caused to be conducted by the City to address code violation(s) previously identified in any inspection.

(Added Coun. J. 5-9-12, p. 27485, § 14)