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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)
4-4-336 Improper business signs.
   (a)   No sign shall be placed on the exterior of any business in the City of Chicago unless the sign is securely affixed to the property of the business. Unsecure methods of affixing an exterior sign shall include, but are not limited to, attaching the sign with tape, string or staples.
   (b)   Any sign that is erected, altered or maintained in violation of this section shall be removed by the owner or operator of the business.
   (c)   If a sign is erected, altered or maintained in violation of this section, the City of Chicago may remove such sign and charge the expense of such removal to the owner or operator of the business.
   (d)   If a permit is required under Section 10-28-010 to install, erect, maintain or enlarge any sign that is on, under or over the surface of any public way, or if a business contains on-premises signage or other signage for which a permit is required under Section 13-20-550, such permit shall be obtained.
   (e)   In addition to any other penalty provided by law, any person who violates any provision of this section shall be fined not less than $200.00 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. 11-8-12, p. 38872, § 49; Amend Coun. J. 10-16-13, p. 61854, § 1)
4-4-337 Illegal use of parking facilities.
   (a)   No licensee under this Code shall allow the use of the licensee's outdoor parking facilities for any business activity by any other person, except:
      (1)   An outdoor sale conducted by a business served by the parking facilities; or
      (2)   An occasional outdoor sale in support of a tax-exempt charitable, educational, religious or philanthropical institution or organization. Provided, however, that the licensee shall be required to file with the commander of the police district and with the alderman of the ward in which the parking facilities are located a written statement indicating (i) the date(s) and location of the occasional sale; (ii) the name of the tax-exempt charitable, educational, religious or philanthropical institution or organization; (iii) the name, title and telephone number of a contact person for that institution or organization; and (iv) the licensee's consent for the occasional sale;
      (3)   A special event presented by, or pursuant to permits issued by, the City; or
      (4)   A farmers market conducted pursuant to Chapter 4-12 of this Code.
   (b)   The requirements of this section shall not apply to a licensed peddler who sells or offers merchandise for sale on private property as allowed by section 4-244-130 of this Code.
(Added Coun. J. 5-9-12, p. 27485, § 14; Amend Coun. J. 3-13-19, p. 96592, § 1)
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