4-4-289 Effect of revocation.

   (a)   Except as provided in subsection (e) of this section, any person whose license is revoked shall be ineligible for the issuance of any new license for the same business activity or its equivalent pursuant to Title 4 for a period of one year following the date that the revocation became effective.

   (b)   Except as provided in subsection (e) of this section, any person who has a substantial ownership or controlling interest in an entity whose license is revoked shall be ineligible for the issuance of any new license for the same business activity or its equivalent pursuant to this Title 4 for a period of one year following the date that the revocation became effective. This ineligibility shall also apply to the issuance of a new license for the same business activity to any other entity in which the disqualified person has a substantial ownership or controlling interest. As used in this section, "substantial ownership or controlling interest" means: (1) ownership of 25% or more of the entity, or, if the entity is a corporation, ownership of 25% or more voting shares of stock; or (2) holding a position as a principal officer or serving on the board of directors or as a manager of the entity.

   (c)   The parent, child, sibling, spouse or domestic partner of a person who is ineligible for the issuance of a license under subsection (a) or (b) of this section shall, during that period of ineligibility, be ineligible for the issuance of a new license under Title 4 for the same business activity or its equivalent at the same location as the licensed premises that were subject to the revocation causing the ineligibility under subsection (a) or (b).

   (d)   Whenever the licenses of a licensee holding multiple licenses for the same premises are revoked, the effects of such revocation under subsections (a), (b) and (c) shall apply to each revoked license.

   (e)   If any provision of Title 4 imposes a longer period of ineligibility for the issuance of any license, such longer period shall apply.

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

4-4-290 Enforcement of license ordinances.

   It shall be the duty of the commissioner to examine or to cause to be examined all persons, books and records and places of business subject to license for the purpose of ascertaining whether such license(s) have been procured or whether the eligibility or other applicable requirements for licenses have been met. In case of the neglect or refusal of any person to procure a license as required by this Code, the commissioner shall have the authority, and it shall be the commissioner's duty, to take such action as the commissioner deems necessary to enforce said license requirement.

   The commissioner and all investigators and employees designated by the commissioner shall have full police powers to enforce the provisions of this chapter; and shall have the right to arrest or to cause to be arrested any person who violates any of the provisions of this Code; and shall have the right-of- entry, at reasonable times, to any place of business for which a license is required under this Code for the purpose of ascertaining compliance with the provisions of this Code.

   It shall be the duty of the head of the department or board charged with the enforcement of any regulatory provision of this Code to take such action as shall be necessary to compel compliance with said regulatory provision. Such department head or board shall call upon the department of police for aid in the enforcement of any regulatory provision of this Code, the enforcement of which is placed upon such department head or board, and it shall be the duty of the superintendent of police, when called upon by said department head or board, to perform such duties as may be required to enforce said regulatory provision.

   The superintendent of police and members of the police department shall also have (1) the authority to enforce the provisions of this Code pertaining to licensing; and (2) to examine all persons, books and records, or places of any business subject to licensing under this Code; and (3) the right-of-entry, at reasonable times, to any place of business for which a license is required under this Code for the purpose of ascertaining compliance with the applicable provisions of this Code.

   For purposes of this section, the term "at reasonable times" means (i) during normal business hours; (ii) during the hours of operation of the business; (iii) any time the business is found to be operating; or (iv) any time when a customer is in the business, including before or after the hours of operation of such business.

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

4-4-295 Unlawful interference with enforcement.

   It shall be unlawful for any licensee to knowingly obstruct the commissioner or any department investigator in the performance of his or her respective duties, or to knowingly interfere with or impede the commissioner or any department investigator in enforcing the provisions of Title 4. Any person who violates this section shall be subject to a fine of not less than $2,000.00 nor more than $10,000.00, or imprisonment 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 in the Illinois Code of Criminal Procedure, or both, 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)

4-4-299 Trademark violations.

   All business licenses of a licensee under Title 4 shall be revoked if the licensee knowingly sells, offers for sale, exposes for sale, or acquires for purpose of sale, any item that (1) bears a false or counterfeit trademark, or (2) bears a genuine trademark that has been attached to the item without permission of the rightful holder of the trademark.

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

4-4-300 Hazardous occupancies.

   If a license under Title 4 authorizes a person to engage in any business or to occupy or use any premises, structure or building for any purpose classified as a Group H occupancy under Section 14B-3-307, the initial issuance of such license and every extension or renewal thereof shall require: (1) an inspection by, or caused by, the Fire Commissioner; and (2) the approval of the Fire Commissioner. If, as a result of such inspection, the Fire Commissioner determines that such Group H occupancy is in compliance with the requirements of this Code governing hazardous uses, the Fire Commissioner shall issue, or shall cause to be issued, a certificate of compliance and approval. Such certificate shall be subject to revocation for cause at any time by the Fire Commissioner. Upon notification of the revocation of such certificate, the Commissioner shall revoke any license conditioned upon said certificate. The provisions of this section shall be construed as remedial and retroactive as well as prospective.

(Added Coun. J. 5-9-12, p. 27485, § 14; Amend Coun. J. 5-18-16, p. 24131, § 4; Amend Coun. J. 11-21-17, p. 61755, Art. VII, § 5; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 16; Amend Coun. J. 10-7-20, p. 21791, Art. VII, § 3)

4-4-305 Inspections – Duties of licensee.

   If a licensed premises is required under this Code to be inspected by any city department, the licensee and all persons in charge or in control of the licensed premises shall have a duty to ensure that the licensed premises are open at all reasonable times or in the case of an emergency for inspection by the applicable city department.

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

4-4-306 Illegal conduct on licensed premises – Cooperation with police.

   (a)   No licensee shall permit or allow any illegal activity on the licensed premises.

   (b)   It is the affirmative duty of a licensee to: (1) promptly report to the police department, via a telephone call to 9-1-1, all illegal activity reported to or observed by the licensee on or within sight of the licensed premises; (2) answer fully and truthfully all questions of an identified police officer who inquires or investigates concerning persons or events in or around the licensed business; (3) cooperate with the police in any such inquiry or investigation by giving oral or written statements to the police at reasonable times and locations in the course of any investigation; and (4) sign a complaint against any person if the licensee observes such person engaging in any illegal conduct or activity on or within sight of the licensed premises.

   (c)   For purposes of this section, the term "licensee" means the licensee, any controlling person and any employee or agent of the licensee.

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

4-4-307 Fingerprinting.

   If an applicant or licensee is required to undergo a criminal background check as a condition to the issuance or renewal of a license under Title 4, such applicant or licensee shall submit to fingerprinting in accordance with rules and regulations duly promulgated by the commissioner.

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

4-4-310 Public ways – Maintenance – Littering prohibited – Snow and ice removal.

   (a)   Except as otherwise provided in this Code, it shall be unlawful for any licensee to engage in any business on the public way or to use any part of a public way for or in connection with such licensee's business.

   (b)   It shall be unlawful for any licensee to litter or to permit the accumulation of any paper, rubbish or refuse upon that portion of the public way abutting the licensed premises.

   (c)   (1)   It shall be the duty of each licensee licensed under Title 4 to remove snow and ice, as provided in this section, from the sidewalk abutting the licensed premises and any sidewalk ramps intersecting such sidewalks, creating a clear path of at least five feet in width.

      (2)   Snow which falls or accumulates between the hours of seven a.m. and seven p.m. shall be removed as soon as practicable, but no later than ten p.m. of the same day. Snow which falls or accumulates overnight between the hours of seven p.m. and seven a.m. shall be removed as soon as practicable, but no later than ten a.m. of the same day.

      (3)   If snow on the sidewalk is frozen so hard that it cannot be removed without damage to the pavement, the licensee shall, within the time specified for removing the snow, strew, or cause to be strewn, the sidewalk with sand, abrasive material or other products made for the purpose of mitigating slipping hazards and preventing the accumulation of ice, and shall, as soon thereafter as the weather shall permit, thoroughly clean the sidewalk.

      (4)   Any licensee, whether individually or in cooperation with other persons or community groups, who removes snow or ice from the public sidewalk or street shall not, as a result of his acts or omissions in such removal, be liable for civil damages. Provided, however, that this subsection (c)(4) shall not apply to any person who violates Section 8-4-120 of this Code, or to acts or omissions amounting to willful or wanton misconduct in removing such snow or ice.

      (5)   No licensee with a surface parking lot may shovel, plow, or otherwise place any snow or ice removed from such surface parking lot onto the public way. Licensees with a surface parking lot shall store any snow or ice upon the licensee's property in a manner and in a location that does not impede or restrict the public way in any fashion. If a licensee with a surface parking lot is unable to store snow and ice in accordance with this subsection (c)(5), such licensee shall contract for private snow and ice removal.

   (d)   Upon the issuance or renewal of any license issued under Title 4, the commissioner shall provide the applicant or licensee, as applicable, with information about the provisions of this Code regarding the applicant's or licensee's responsibility for maintaining the public way abutting each business.

(Added Coun. J. 5-9-12, p. 27485, § 14; Amend Coun. J. 10-28-15, p. 11951, Art. VII, § 1; Amend Coun. J. 3-24-21, p. 28891, § 1)