4-4-313 Businesses that are or cause a nuisance.

   (a)   A license may be suspended or revoked if a licensee's business is or creates a nuisance. A licensed business is or creates a nuisance if: (i) within any consecutive 12 months, not less than three separate incidents occur on the licensed premises, on or in the licensed premises' parking facility, or on adjacent property, involving illegal acts; or (ii) the licensee has failed to take reasonable steps to correct objectionable conditions existing or occurring on the licensed premises, on or in the licensed premises' parking facility, or on adjacent property while the licensed premises is open for business or within one hour of the time the establishment is opened or closed for business. The licenses of any business that is or creates a nuisance under clause (i) of this subsection (a) shall be subject to suspension or revocation pursuant to Section 4-4-280. The licenses of any business that is or creates a nuisance under clause (ii) of this subsection (a) shall be subject to suspension or revocation pursuant to the procedures set forth in subsection (b) of this section.

   (b)   (1)   A group of five or more people who reside within 500 feet of a licensed premises, measured from the nearest exterior walls of each applicable building, may file with the commissioner a complaint that a licensee's business is a public nuisance because the licensee has failed to take reasonable steps to correct objectionable conditions existing on the licensed premises, on or in the licensed premises' parking facility or on adjacent property. The commissioner may notify the licensee to appear before the commissioner, in the presence of the complaining persons when the commissioner considers such presence appropriate, to define, discuss and seek resolution of problems giving rise to the complaint. The commissioner may also order subsequent meetings to review progress toward resolution of the problems. A meeting may also be convened at the request of the commissioner or the alderman of the ward in which the licensed premises is located.

   Notice of any meeting scheduled pursuant to this subsection shall be sent to the alderman of the ward in which the licensed premises is located.

   The failure of a licensee to appear in response to a notice, or to attend subsequent meetings as ordered by the commissioner, shall be grounds for the imposition of a fine or the suspension or revocation of a license. The progress made in resolving the problems identified in the complaint and meeting process shall be considered in any proceeding to suspend or revoke a license under this section.

      (2)   After the commissioner determines that the complaint and meeting process has been completed or the licensee has failed to submit a plan of corrective action pursuant to subsection (d), the commissioner may institute a hearing based upon his reasonable belief that the operation of the business is a public nuisance. Notice of a hearing scheduled under this section shall be given to the alderman of the ward in which the licensed premises is located. At the conclusion of the hearing, if the commissioner determines by a preponderance of the evidence that the operation of the licensee's business is a public nuisance because the licensee has failed to take reasonable steps to correct objectionable conditions occurring on the licensed premises or adjacent property, the commissioner shall enter an order suspending or revoking the applicable license.

   When determining what constitutes reasonable steps, the commissioner shall consider site configuration constraints and other factors related to any unique circumstances or the nature of the business, as well as the frequency of complaints of objectionable conditions and the manner in which the licensee has sought to address such conditions.

   "Reasonable steps" include, but are not limited to, the following:

      (A)   Calling the police department. Timely calls to the police department via 911 that are placed by the licensee, or his agents or employees, shall not, in and of themselves, be construed by the commissioner as evidence of objectionable conditions that constitute a nuisance.

      (B)   Directing those persons engaging in activities causing objectionable conditions to cease those activities, unless the licensee, or his agents or employees, reasonably believe that their personal safety would be threatened if such direction was given. Directions of this nature may be provided orally or in writing.

      (C)   Making good-faith efforts to remove items that facilitate loitering, such as furniture.

      (D)   Attending CAPS meetings, beat meetings or other similar city-sponsored informational meetings or educational events designed to alert the licensee and his employees to problems related to the operation of the business and to promote remediation of such objectionable conditions.

   (c)   As part of an order of suspension issued by the commissioner, the commissioner may impose conditions upon the future operation of the licensed business that are useful or necessary to mitigate the public nuisance, including, but not limited to: providing security personnel, restricted hours of operation, providing outdoor lighting, the display of signs, providing trash pickup services or any other reasonable restrictions on business practices until the commissioner concludes that the conditions which gave rise to the public nuisance are abated.

   (d)   (1)   Notwithstanding subsection (b), at any time prior to the initiation of proceedings to revoke or suspend a license under this section, if the commissioner determines that a business meets the criteria for a public nuisance under subsection (a), the commissioner may notify the licensee of his determination. Upon such notification, the commissioner may request the licensee to submit a plan of corrective action that provides reasonable assurance that the operation of the business will not cause, or continue to cause, a public nuisance. Subject to the approval by the commissioner, the plan may include conditions upon the licensee's operation of the premises that are useful or necessary to mitigate the public nuisance, including, but not limited to: providing security personnel, restricted hours of operation, providing outdoor lighting, the display of signs, providing trash pickup services or any other reasonable restrictions on business practices.

      (2)   Any licensee who fails to comply with all requirements of the approved plan of corrective action shall be fined not less than $200.00 nor more than $1,000.00, or have his license suspended or revoked for the first violation. For any subsequent violation, the license shall be revoked. Each day that such violation exists shall constitute a separate and distinct offense.

      (3)   If the licensee does not submit a plan of corrective action after a request by the commissioner, the commissioner may institute a hearing in compliance with subsection (b)(2).

      (4)   The commissioner shall not approve any plan of corrective action after the initiation of proceedings to revoke or suspend a license, unless the commissioner determines that it would be in the best interest of the city to approve such a plan.

   (e)   The commissioner shall deny an application for a license when the premises identified in the application was subject to a license suspension, revocation or a plan of corrective action pursuant to this section or Section 4-4-312 within the three-year period prior to the date of the application; provided that the commissioner may approve an application if the applicant agrees to enter into and comply with the plan of action approved by the commissioner to abate any of the conditions which gave rise to undertaking a plan of corrective action, or the finding of a violation of this section; provided further for any premises which is ineligible for a license due to a license being revoked for cause at that location, no license shall be issued during of the term ineligibility provided in the code.

   (f)   In a proceeding to suspend or revoke the license of a business that is or creates a nuisance under subsection (a) of this section:

      (1)   it shall not be a defense that the licensee or the licensee's employees or agents were not personally involved in the commission of the illegal acts or directly responsible for the objectionable conditions except as provided otherwise in paragraph (2) of this subsection;

      (2)   for purposes of determining whether three or more illegal acts occurred during a 12-month period, illegal acts occurring on the public way shall be limited to acts of the licensee, its employees, agents or patrons or otherwise involving circumstances having a nexus to the operation of the business;

      (3)   the illegal acts or objectionable conditions must occur or exist while the licensed premises is open for business or within one hour of the time the establishment is opened or closed for business; and

      (4)   any evidence on which a reasonably prudent person would rely may be considered without regard to the formal or technical rules of evidence, and the commissioner may rely upon police reports, official written reports, affidavits and business records submitted by authorized city officials or employees charged with inspection or enforcement responsibilities to determine whether such illegal acts or objectionable conditions occurred. If during any 12-month period three separate incidents of illegal acts occur on the licensed premises, on or in the licensed premises' parking facility, or on adjacent property, a rebuttable presumption shall exist that the licensed business is or creates a nuisance in violation of this section.

   (g)   A licensee may offer evidence of mitigating factors in any license disciplinary hearing where it is alleged that the licensed business is or creates a nuisance based upon the occurrence of three or more illegal acts in any 12-month period. Mitigating factors may include evidence of the licensee's reasonable efforts to deter or discourage illegal acts from occurring on the licensed premises or adjacent property such as: the use of strategically placed recording cameras, employment of trained security personnel, and a practice of promptly notifying the police when illegal activity occurs or appears imminent and cooperating with police investigations. When reviewing any evidence of mitigating factors, the commissioner may consider factors related to the unique circumstances of the nature of the business as well as the relative frequency of the occurrence of illegal acts in the surrounding community.

   (h)   For purposes of this section:

      (1)   "Adjacent property" means:

         (A)   any private property that is owned, leased, or rented by the licensee, or used by its patrons, and that is located next to the business premises;

         (B)   any public way located next to the business premises; or

         (C)   any private property which is owned, leased, or rented by the licensee, or used by its patrons with the knowledge or permission of the licensee, and that is: (i) used in connection with the operation of the business; and (ii) located within 500 feet of the licensed premises.

      (2)   "Illegal acts" means any conduct or activity that violates any federal or state law defining a felony, or any federal or state law or municipal ordinance regulating narcotics, controlled substances or weapons.

      (3)   "Objectionable conditions" include, but are not limited to, disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, illegal gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, or excessive loud noise.

(Added Coun. J. 5-9-12, p. 27485, § 14; Amend Coun. J. 11-8-12, p. 38872, § 45; Amend Coun. J. 12-10-14, p. 100450, § 1; Amend Coun. J. 5-25-22, p. 48413, § 2)

4-4-314 Restrictions on display of merchandise.

   (a)   Except as otherwise provided in this Code, it shall be unlawful for any person licensed to engage in any business under Title 4 to store, place, display or affix any ware, goods or merchandise on the exterior or outside of the licensed premises unless the licensed business is set back at least (10) feet from the public way or the property is fenced or otherwise screened in. If the licensed business is fenced, the fence must remain free and clear of all items.

   (b)   Nothing in this section shall prohibit the placement of signs which are otherwise authorized by this Code.

   (c)   Nothing in this section shall prohibit a business licensed in conformity with the requirements of Title 4 from holding a sidewalk sale, special event, promotion or street fair, if such sidewalk sale, special event, promotion or street fair is properly permitted.

   (d)   Any person who violates any provision of this section or any rule or regulation promulgated thereunder shall be subject to the fine set forth in Section 4-4-350. In addition, any person who violates any provision of this section or any rule or regulation promulgated thereunder or any combination thereof at least 3 times in any 12-month period shall be subject to license suspension or revocation or both. 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. 6-6-12, p. 28356, § 1A)

4-4-320 License denial, revocation or suspension for certain offenses.

   (a)   The Commissioner, for good and sufficient cause, may deny an application for any license issued under this Title 4 if:

      (1)   during the 5-year period prior to the date of the application, the applicant admitted guilt or liability or was found guilty or liable in judicial or administrative proceedings of committing or attempting to commit a willful violation, or two or more violations which do not include a willful violation, of the Illinois Wage Payment and Collection Act, 820 ILCS 115/1, Article II of Title 6, or any other federal or state law regulating the payment of wages;

      (2)   during the 5-year period prior to the date of the application, the applicant admitted guilt or liability or was found guilty or liable in a judicial or administrative proceeding of committing or attempting to commit a violation of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, or the Collection Agency Act, 225 ILCS 425/1, or any other federal or state law regulating the collection of debt;

      (3)   during the 24-month period prior to the date of the application, the applicant admitted guilt or liability or was found guilty or liable in judicial or administrative proceedings of committing three or more violations of Article II of Title 6 of this Code; or

      (4)   during the 5-year period prior to the date of the application, one or more determinations of disqualification from participation in the federal Supplemental Nutrition Assistance Program (SNAP) was imposed upon the applicant, where such determination or determinations imposed the sanction of permanent disqualification or disqualification for an aggregate of at least 12 months, whether consecutive or nonconsecutive.

   (b)   The Commissioner, for good and sufficient cause, may revoke or suspend a license issued under this Title 4 if:

      (1)   during the previous 5-year period, the licensee admitted guilt or liability or was found guilty or liable in judicial or administrative proceedings of committing or attempting to commit, as applicable, the designated number of violations of the laws set forth in subsections 4-4-320(a)(1), (a)(2), and (a)(3); or

      (2)   during the previous 5-year period, one or more determinations of disqualification from participation in the federal Supplemental Nutrition Assistance Program (SNAP) was imposed upon the licensee, where such determination or determinations imposed the sanction of permanent disqualification or disqualification for an aggregate of least 12 months, whether consecutive or nonconsecutive.

   (c)   Subsections 4-4-320(a)(1), (a)(2), (a)(3), and (b)(1) shall not apply to any applicant or licensee where one or more of the designated number of pertinent administrative adjudications or judicial judgments or convictions was entered prior to June 1, 2013.

   (d)   The procedure for the revocation or suspension of a license shall be as set forth in Section 4-4-280. The procedure for the denial of an application for a license shall be as set forth in Section 4-4-060.

   (e)   The grounds provided in this section for denial of a license application, and for revocation or suspension of a license, shall render ineligible not only the applicant or licensee, as applicable, but also the parent, child, sibling, spouse, or domestic partner of such applicant or licensee, and any other corporation or legal entity in which the applicant or licensee has a substantial ownership or controlling interest. If the applicant or licensee is a corporation or other legal entity, the grounds provided in this section for denial of a license application, and revocation or suspension of a license, shall also render ineligible any person who has a substantial ownership or controlling interest in that entity. As used in this subsection, "substantial ownership or controlling interest" means 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 occupation as a principal officer, member of the board of directors, or manager of the entity.

(Added Coun. J. 1-17-13, p. 45324, § 1; Amend Coun. J. 12-2-14, p. 99000, § 6; Amend Coun. J. 12-9-15, p. 15481, § 2; Amend Coun. J. 6-25-21, p. 32156, § 4; Amend Coun. J. 11-9-23, p. 5853, § 4; Amend Coun. J. 3-20-24, p. 10146, § 4)

4-4-322 License or registration – Suspension or revocation by building commissioner.

   The Commissioner of Buildings may suspend or revoke the license, registration or certification of any person licensed, registered or certified under this Chapter who is engaged in the business of providing construction services relating to heat, ventilation, air conditioning or refrigeration systems in accordance with Section 14A-3-305 of this Code.

(Added Coun. J. 2-22-17, p. 43876, § 4; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 17)

4-4-332 Bed bugs.

   (a)   It is the responsibility of every licensee under this Title 4 to provide pest control services when an infestation of bed bugs is found or suspected on any licensed premises. Every licensee shall maintain a written record of the pest control measures performed by the pest management professional and shall include reports and receipts prepared by the pest management professional relating to those measures taken. The record shall be maintained for three years and shall be open to inspection by the departments of health, buildings, and business affairs and consumer protection.

   (b)   It shall be unlawful for any licensee under this Title 4 which provides sleeping accommodations for hire or rent for transient occupancy by guests to rent, hire, or otherwise provide, any such sleeping accommodation in which an infestation of any bed bugs is found or suspected, unless an inspection by the pest management professional has determined that no evidence of bed bugs can be found and verified.

   (c)   For purposes of this section, the following definitions apply:

      "Pest management professional" has the same meaning ascribed to that term in Section 7-28-810.

      "Transient occupancy" means any occupancy on a daily or nightly basis, or any part thereof, for 30 or fewer consecutive days.

(Added Coun. J. 6-5-13, p. 55787, § 2)

Editor's note – Per Coun. J. 6-5-13, p. 55787, § 6, § 4-4-332 becomes effective on 12-2-13.

4-4-333 Synthetic marijuana.

   (a)   As used in this section: "Synthetic marijuana" means any product, whether described as tobacco, potpourri, herbs, incense, spice, aromatic or any combination thereof, and whether marketed for the purpose of being smoked or otherwise marketed, which includes one or more of the following hallucinogenic substances:

      (1)   1-Pentyl-3-(1-naphthoyl) indole; some trade or other names: JWH-018; or

      (2)   1-Butyl-3-(1-naphthoyl) indole; some trade or other names: JWH-073; or

      (3)   1-[2-(4-morpholinyl) ethyl]-3-(1-napthoyl indole; some trade or other names: JWH-200; or

      (4)   5-(1, 1-dimethylheptyl)-2-[(1R,3S)-3-hy- droxycyclohexyl]-phenol; some trade or other names: CP-47,497; or

      (5)   5-H 1-dimethyloctyl)-2-[(IR,3S)-3-hy- droxycyclohexyl]-phenol; some trade other names: cannabicyclohexanol; CP-47,497 C8 homologue; or

      (6)   any other non-prescription substance that has a chemical structure and/or pharmacological effect substantially similar to the active ingredient of marijuana, or tetrahydrocannabinol (THC).

   (b)   No licensee under this Code or his agent or employee shall possess, sell, offer for sale, give away, barter, exchange, or otherwise furnish on the licensed premises any synthetic marijuana in the City of Chicago, or engage in an act of concealment of synthetic marijuana on the licensed premises.

   As used in this subsection (b):

   "Concealment" means to deliberately hide to prevent or evade discovery.

   "Licensed premises" means the premises or location licensed or required to be licensed under this Code. The term "licensed premises" includes (1) the building where the licensed premises is located; (2) all grounds, areas and facilities on, in or immediately adjacent to the licensed premises used by, or held out for use by, the licensee or his agent or employee, including, but not limited to, the licensed premises' parking facility; and (3) all vehicles used by the licensee or his agent or employee to conduct the activity licensed or required to be licensed under this chapter.

   (c)   Except as otherwise provided in this Code, any person who violates any of the requirements of this section or any rule or regulation promulgated thereunder shall be fined not less than $2,000.00 nor more than $5,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.

   (d)   Any violation of this section or any rule or regulation promulgated thereunder may result in license suspension or revocation in accordance with the requirements of Section 4-4-280.

(Added Coun. J. 5-9-12, p. 27485, § 14; Amend Coun. J. 11-8-12, p. 38872, § 46; Amend Coun. J. 7-30-14, p. 85717, § 1)

§ 4-4-334 Synthetic stimulants.

   (a)   As used in this section: "Synthetic stimulant" means any product, whether labeled as bath salts, novelty collector's items, plant food or otherwise labeled, and whether marketed for the purpose of being smoked, sniffed, snorted, injected, ingested or otherwise marketed, which includes one or more of the following substances:

      (1)   3,4-Methylenedioxymethcathinone; some trade or other names: Methylone; or

      (2)   3,4-Methyenedioxypyrovalerone; some trade or other names: MDVP; or

      (3)   4-Methylmethcathinone; some trade or other names: Mephedrone; or

      (4)   4-Methoxymethcathinone; or

      (5)   4-Fluoromethcathinone; or

      (6)   3-Fluoromethcathinone; or

      (7)   any other non-prescription substance that has a chemical structure and/or pharmocological effect substantially similar to amphetamine, cathinone, cocaine, MDEA, MDMA (ecstasy), methcathinone or methamphetamine.

   (b)   No licensee under this Code or his agent or employee shall possess, sell, offer for sale, give away, barter, exchange or otherwise furnish on the licensed premises any synthetic stimulant in the City of Chicago, or engage in an act of concealment of any synthetic stimulant on the licensed premises.

   As used in this subsection (b):

   "Concealment" means to deliberately hide to prevent or evade discovery.

   "Licensed premises" means the premises or location licensed or required to be licensed under this Code. The term "licensed premises" includes (1) the building where the licensed premises is located; (2) all grounds, areas and facilities on, in or immediately adjacent to the licensed premises used by, or held out for use by, the licensee or his agent or employee, including, but not limited to, the licensed premises' parking facility; and (3) all vehicles used by the licensee or his agent or employee to conduct the activity licensed or required to be licensed under this chapter.

      (c)   Except as otherwise provided in this Code, any person who violates any of the requirements of this section or any regulation promulgated thereunder shall be fined not less than $2,000.00 nor more than $5,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.

      (d)   Any violation of this section or any regulation promulgated thereunder may result in license suspension or revocation in accordance with the requirements of Section 4-4-280.

(Added Coun. J. 5-9-12, p. 27485, § 14; Amend Coun. J. 11-8-12, p. 38872, § 47; Amend Coun. J. 7-30-14, p. 85717, § 2)

4-4-335 Spray paint cans and markers.

   It shall be unlawful for any licensee under this Code to sell at retail to any person (1) any paint in spray cans; or (2) etching materials; or (3) any marker containing a fluid which is not water soluble and has a point, brush, applicator or other writing surface of three-eighths of an inch or greater.

(Added Coun. J. 5-9-12, p. 27485, § 14; Amend Coun. J. 11-8-12, p. 38872, § 48)