§ 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)

4-4-338 Cell phones and other wireless communication equipment.

   It shall be unlawful for any licensee under this Title 4 to unlock any wireless communication device in violation of Section 8-4-052. In addition to any other penalty provided by law, a single violation of this section may result in license suspension or revocation in accordance with Section 4-4-280 of this Code.

(Added Coun. J. 7-30-14, p. 85719, § 1)

4-4-339 Walk-up service windows.

   (a)   For purposes of this section, "walk-up service window" means a window on the exterior wall of a building that is accessible to pedestrians and allows for the dispensing of retail goods to pedestrian customers and the payment for retail goods by pedestrian customers.

   (b)   A business that is licensed by the City and that is located on the ground floor of a building may operate a walk-up service window on the premises of the business. Such operation shall be subject to the requirements of this section, any rules promulgated thereunder, the building provisions of this code, and, if applicable, Section 17-9-0132.

   (c)   The Commissioner of Business Affairs and Consumer Protection, the Commissioner of Public Health, and the Commissioner of Transportation, may jointly and severally promulgate rules regarding the operating requirements and limitations of walk-up service windows and for the administration and enforcement of this section. An operator of a walk-up service window shall comply with rules promulgated pursuant to this section.

   (d)   In addition to any operating requirements set forth by rule, each person that operates a walk-up service window directly accessible from the public way shall be subject to the following operating requirements:

      (1)   No person shall sell or permit sales from a walk-up service window directly accessible from the public way between the hours of 12:00 a.m. (midnight) and 7:00 a.m.

      (2)   No person shall sell alcoholic liquor, as that term is defined in Section 4-60-010, from a walk-up service window directly accessible from the public way. Provided, however, that this requirement shall not apply to:

         (A)   establishments holding a valid liquor license that is subject to the provisions of Section 4-60-071;

         (B)   establishments holding a valid Lakefront Venue liquor license pursuant to Section 4-60-073;

         (C)   establishments holding a valid Riverwalk Venue liquor license pursuant to Section 4-60-074; and

         (D)   establishments holding a valid sidewalk café permit for a sidewalk café that is adjacent to the walk-up service window, during the operating hours of the sidewalk café.

      (3)   No person shall sell cigarettes or other tobacco products, as those terms are defined in Section 4-64-100, from a walk-up service window directly accessible from the public way.

   (e)   The Department of Business Affairs and Consumer Protection, the Department of Public Health, and the Department of Transportation are authorized to enforce this section and any rules promulgated thereunder.

(Added Coun. J. 3-15-23, p. 61261, § 1)

4-4-350 Violation – Penalty.

   In addition to any other penalty provided by law, any person who violates any provision of Title 4 or any rule or regulation promulgated thereunder, where no other penalty is specifically provided, shall be fined not less than $400.00 nor more than $5,000.00 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. 12-16-24, p. 23004, Part 1, Art. IV, § 2)