ARTICLE IV. LAUNDRY SERVICE (4-6-040 et seq.)

4-6-040 Laundry service.

   (a)   Definitions. As used in this chapter:

   "Coin-operated, self-service laundry" means any establishment where washing machine units are available for use by the general public upon depositing a coin into such unit or paying a fee for the use of such unit to the operator of the establishment or such operator's agent.

   "Laundry service" or "laundry" or "laundered" or "laundering" means any place where, for consideration of any type, wearing apparel, household linens, curtains, draperies or other items of fabric are cleaned, dried, starched or pressed (1) for the general public; or (2) for rental to patrons or customers of a business that rents such items; or (3) commercially or privately in connection with any hotel, restaurant or public institution; or (4) in a coin-operated, self-service laundry as defined herein. The term "laundry service" does not include (i) any hospital or charitable organization where no charge is made for the provision of laundry service(s); (ii) any person who does custom laundry work at home for a regular trade; or (iii) any room or portion thereof located in a residential building in which domestic laundry work is done by or for the occupants of such building exclusively.

   "Laundry vehicle" means any wagon, automobile or other vehicle used to collect or deposit laundry within the City.

   (b)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, a renewal of, a regulated business license to engage in the business of laundry service shall be accompanied by the following information:

      (1)   whether the laundry or any portion thereof is a coin-operated, self-service laundry, and if so, the intended hours of operation.

   (c)   Legal duties. Each licensee engaged in the business of laundry service shall have a duty to:

      (1)   keep every room or place used as a laundry or as a place to store laundered or unlaundered fabrics, and all floors, walls, ceilings, windows, woodwork, machinery, utensils and fixtures in such room or place (i) in good repair; (ii) in clean and sanitary condition; (iii) free from rats, mice and vermin; and (iv) free of all matter of an infectious or contagious nature;

      (2)   keep all laundry vehicles in a clean and sanitary condition;

      (3)   properly equip all laundry vehicles with (i) a means to separate laundered from unlaundered clothing or fabrics; and (ii) separate containers for any clothing, bedding, linen or other fabric taken from places that are under quarantine or where persons are convalescing after a disease;

      (4)   indicate on each side of any laundry vehicle, in plain and legible letters measuring at least one-and-one-half inches high, the name of the laundry that will launder the fabric contained in the laundry vehicle;

      (5)   keep and maintain on file, for a period of not less than three years, all written materials used to document the quantity of each hazardous chemical present at the laundry, if such chemical is present at the laundry in an amount that exceeds the threshold level for reporting as established by regulations promulgated under Title III of the Superfund Amendments and Reauthorization Act of 1986, codified at 42 U.S.C. 11001, et seq. In addition to any other penalty provided by law, a single violation of this subsection may result in license suspension or revocation in accordance with the requirements of Section 4-4-280 of this Code;

      (6)   upon request, make the records required under subsection (c)(5) of this section available for inspection, during regular business hours or in case of emergency, by any city official charged with responsibility for enforcing this chapter.

   (d)   Additional duties – Coin-operated self-service laundry. In addition to the duties set forth in subsection (c) of this section, the licensee of any coin-operated, self-service laundry shall have a duty to:

      (1)   ensure that at least one attendant is physically present on the licensed premises between the hours of 6:00 p.m. and 6:00 a.m., if and while the licensed premises is open for business during such hours or any portion thereof;

      (2)   if the coin-operated, self-service laundry is open for business between the hours of 11:30 p.m. and 6:00 a.m., (i) install and maintain a time-lapse video surveillance system to monitor the licensed premises during such hours, and (ii) retain on the licensed premises the video surveillance footage for a period of at least 30 days;

      (3)   if the coin-operated, self-service laundry is open for business between the hours of 11:30 p.m. and 6:00 a.m., not place, operate or maintain any automatic amusement device on the licensed premises;

      (4)   post a sign on the licensed premises alerting patrons to the fact that it is a violation of subsection (h) of this section for any person, other than employees and necessary maintenance personnel, to be or remain on the licensed premises between the hours of 11:30 p.m. and 6:00 a..m unless such person is using or intends to use the equipment and services offered therein to do such person's laundry.

   (e)   Construction and design standards. Each licensee engaged in the business of laundry service shall comply with the construction and design standards set forth in this subsection (e). All laundries licensed or required to be licensed under this chapter shall be:

      (1)   lighted and ventilated in accordance with the requirements of the building provisions of this Code;

      (2)   provided with adequate and sanitary plumbing installed in accordance with the requirements of the building provisions of this Code. All water closets, sinks or other plumbing fixtures installed in such laundry shall be impermeable, thoroughly sanitary and of an approved type as specified in the building provisions of this Code;

      (3)   in rooms or places where no laundering occurs, provided with floors constructed of hardwood or other impervious material;

      (4)   in rooms or places where laundering occurs, provided with floors constructed of either (i) hardwood with tight joints; (ii) concrete; (iii) cement; (iv) tile or stone laid in cement; or (v) other impervious materials. Such floors shall be watertight, including at all angles where floors and walls join, and shall properly drain to a public sewer;

      (5)   in washrooms, provided with floors constructed of either (i) concrete; (ii) cement; (iii) tile or stone laid in cement; or (iv) other impervious materials. Such floors shall be watertight and shall properly drain to a public sewer.

      (6)   provided with sufficient and suitable lavatory facilities, including approved washbowls, washbasins or sinks that are supplied with hot-and-cold-running water, soap, clean individual towels and any other equipment deemed necessary by the Commissioner of Public Health for the health and comfort of the laundry's employees or patrons;

      (7)   provided with sufficient cloak room(s) or locker room(s) for employees to keep their wraps or outer clothing or any special or designated garment required to be worn during the hours of employment. Such rooms shall be entirely separate from the room(s) in which laundry is washed or dried and shall provide employees, who are required to change their garments, with a reasonable degree of privacy;

      (8)   provided with proper seating facilities for each employee who is required to remain stationed at any place for an extended period of time;

      (9)   equipped with proper devices, such as hoods or exhaust fans, to deflect heat from machines or mechanical devices operated by employees and capable of emitting excessive heat;

      (10)   provided with proper facilities and equipment for the separate handling of clean and soiled laundry and other fabrics;

   (f)   Prohibited acts. It shall be unlawful for any licensee engaged in the business of laundry service to:

      (1)   knowingly allow any employee or other person infected with or carrying a communicable disease to work in any capacity in any area of the laundry where there is a likelihood that persons infected with or carrying such disease may contaminate the laundry or laundered items or transmit the communicable disease to other employees or patrons of the laundry;

      (2)   allow any person to sleep in any laundry or to maintain any sleeping room or living room in direct connection with any laundry;

      (3)   keep or store any laundered or unlaundered clothing or fabric belonging to the laundry in any room that is used for living purposes;

      (4)   if the laundry is located in a building that contains any residential occupancy, (i) operate such laundry between the hours of 8:00 p.m. and 6:00 a..m., or (ii) wash laundry by means other than an enclosed washing machine, or (iii) wash laundry using an enclosed washing machine with a capacity exceeding ten pounds of dry goods per machine.

      (5)   permit any vapor, smoke or odor emanating at any time from the laundry to become a nuisance within any portion of the licensed premises or to any adjoining or nearby premises;

      (6)   permit clean and laundered articles of clothing or fabric to come into contact at any time with soiled or unlaundered articles of clothing or fabric;

      (7)   remove or to cause to be removed from the licensed premises any laundered article of clothing or other fabric, unless such article of clothing or fabric has been (i) thoroughly sterilized by keeping such article of clothing or fabric in a washing machine, vat or other vessel provided for that purpose containing water that is either brought to a boiling temperature or maintained at a temperature of 175 degrees Fahrenheit for at least twenty minutes; or (ii) subjected to live steam under pressure; or (iii) kept in a drying house or drying tumbler at a temperature of not less than 215 degrees Fahrenheit for a period of not less than 15 minutes; or (iv) passed through an ironing machine where the ironing surface is at a temperature of not less than 225 degrees Fahrenheit. Provided, however, that if the article of clothing or fabric being laundered is silk or wool or is otherwise subject to damage if the processes set forth in items (i) through (iv) above are used, such article of clothing or fabric shall be treated with soap, bleach or other standard disinfectant solutions as shall be approved by the applicable bureau of the department of buildings;

      (8)   sprinkle or to cause any fabric to be sprinkled with water or any other liquid substance ejected from the mouth or from any device that comes into contact with the mouth of any person;

      (9)   maintain any laundry in a manner that is dangerous or detrimental to the health of the general public or to any employee of such laundry.

   (g)   Departmental duties – Inspections.

      (1)   The department of business affairs and consumer protection, the department of buildings and the department of health are hereby authorized to inspect or to cause to be inspected any laundry service licensed or required to be licensed under this chapter for compliance with the requirements of this Code.

   (h)   Prohibition applicable to the general public – Penalty. It shall be unlawful for any person, other than employees and necessary maintenance personnel, to be or remain on the licensed premises between the hours of 11:30 p.m. and 6:00 a.m., unless such person is using or intends to use the equipment and services offered therein to do such person's laundry. Any person who violates this subsection (h) shall be subject to a fine of not less than $250.00 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, § 16; Amend Coun. J. 11-8-12, p. 38872, § 51; Amend Coun. J. 6-28-17, p. 51334, § 1; Amend Coun. J. 2-24-21, p. 27657, Art. III, § 2)

ARTICLE V. RESIDENTIAL REAL ESTATE DEVELOPER (4-6-050 et seq.)

4-6-050 Residential real estate developer.

   (a)   Definitions. As used in this section:

   "Act related to residential real estate development" means: (1) any activity requiring a license under this section; (2) any conduct regulated by this section; or (3) any activity requiring a building permit issued under Chapter 14A-4 of this Code; or (4) any activity requiring a certificate of zoning compliance issued under Section 3-33-045; or (5) any duty or other requirement imposed by this section; or (6) any inspection of a building or premises or performance of other legal or work-related duty by a city inspector, city personnel or any other government official in connection with: (i) the issuance of a regulated business license under this chapter to engage in the business of residential real estate developer, or (ii) the issuance of a building permit under Chapter 14A-4 of this Code, or (iii) the issuance of certificate of zoning compliance under Section 3-33-045, or (iv) enforcing the requirements of the building code, zoning code or any other law regulating building construction or the health or safety of construction site workers, of the current or eventual users or occupants of a building or premises or of the general public.

   "Closing of the sale" means the operation of transferring ownership to the purchaser from the developer.

   "Improves a residential building" means any construction, reconstruction, enlargement, installation, repair, alteration or renovation of a residential building, or any portion thereof, which requires a permit and either (i) involves increasing the floor area or height of a residential building; or (ii) involves substantially altering the plumbing or electrical service of a residential building; or (iii) encompasses 50% or more of the square footage of a residential building, as measured before the construction, reconstruction, enlargement, installation, repair, alteration or renovation began. "Improves a residential building" also means the creation of a conversion condominium as described in Chapter 13-72, regardless of whether a permit is required. For purposes of this definition: "residential building" has the meaning ascribed to that term in Section 17-17-02146.

   "Knowingly", with respect to a material fact, means (i) having actual knowledge of the material fact; or (ii) being aware of facts or information that would cause a reasonable person to have actual knowledge of the material fact; or (iii) acting in deliberate ignorance or reckless disregard of the truth or falsity of the material fact.

   "Prospective purchaser" means any person who visits a residential real estate development site for the purpose of inspecting it for possible purchase.

   "Residential real estate developer" means any person who (1) acquires land regardless of whether improved; and (2) either improves vacant land so acquired with a new residential building as defined in Section 17-17-02146, or improves a residential building on improved land so acquired. The term does not include individuals who make improvements on property that constitutes their primary residence if (i) the property contains six or fewer dwelling units as defined in Section 17-17-0248; and (ii) no more than one such property is improved by the individual during a calendar year.

   (b)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, a renewal of, a regulated business license to engage in the business of residential real estate developer shall be accompanied by the following information:

      (1)   a description of the type of solicitation in which the applicant will engage;

      (2)   a statement as to whether, within ten years of the date of application or renewal, the applicant or any controlling person has ever been convicted, in custody, under parole or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction for the commission of a felony or criminal offense of whatever type or degree involving bribery, receipt of stolen property, fraud, theft, personal dishonesty, deception or forgery;

      (3)   a statement as to whether the applicant or any controlling person is currently under indictment or has been charged under any State or Federal law with the crime of bribery;

      (4)   the legal name and address of each residential real estate developer with whom the applicant, within the last four years, is or has been affiliated as a controlling person.

   (c)   License issuance and renewal – When. No regulated business license to engage in the business of residential real estate developer shall be issued to the following persons:

      (1)   any applicant or licensee, as applicable, whose license to engage in the business of residential real estate developer under Title 4 has been revoked for cause at any time within the last four years;

      (2)   any applicant or licensee, as applicable, who, within ten years of the date of application or renewal, has been convicted, in custody, under parole or under any other noncustodial supervision resulting from a conviction in a court of any jurisdiction for the commission of a felony or criminal offense of whatever degree involving bribery, unless, upon the request of such person, the commissioner determines that such person has been substantially rehabilitated to warrant the public trust. The burden of proof of substantial rehabilitation shall be on the person seeking such rehabilitation;

      (3)   any applicant or licensee, as applicable, who is currently under indictment or has been charged under any State or Federal law with the crime of bribery.

   (d)   Legal duties. Each licensee engaged in the business of residential real estate developer shall have a duty to:

      (1)   post a photocopy of the license in a conspicuous place at each residential real estate development site and office maintained by the licensee;

      (2)   print the residential real estate developer's license number in the following places: (i) on the front page of every estimate, contract and subcontract for residential real estate development; (ii) in any advertisement placed by or on behalf of the residential real estate developer; (iii) on every application for a building permit; and (iv) on every contract of sale;

      (3)   affix a sign in a conspicuous location at any place where sales information about a residential building or any portion thereof is made available for distribution to prospective purchasers. The sign shall notify prospective purchasers of their right to request and immediately receive a written disclosure statement containing the information described in paragraph (4) of this subsection (d). The lettering on the sign shall be in prominent type, clearly visible to and readable by the public, and in a color that contrasts with the background color of the sign;

      (4)   upon request, provide prospective purchasers with a written disclosure statement identifying (i) the name, business address, business telephone number and license number of the general contractor who did or will construct or improve the residential building; and (ii) the name, business address and business telephone number of every person owning twenty-five percent or more of the interest in the licensee or in any person requiring a license under this chapter;

      (5)   provide every purchaser, at the closing of the sale, with a written disclosure statement identifying (i) the name, business address, business telephone number and license number of the general contractor who constructed or improved the residential building or any portion thereof identified in the sales contract; and (ii) the name, business address and business telephone number of every person owning twenty-five percent or more of the interest in the licensee or in any person requiring a license under this chapter;

      (6)   comply with the requirements of Section 2-45-110, if applicable;

      (7)   comply with the requirements of Chapter 13-72 of this Code, if applicable.

   (e)   Prohibited acts. It shall be unlawful for any licensee engaged in the business of residential real estate developer to:

      (1)   knowingly make or cause to be made a false statement of material fact on or in connection with any license, certificate or permit application connected in any way with an act related to residential real estate development;

      (2)   knowingly submit or cause to be submitted in support of a license, certificate or permit application any document connected in any way with an act related to residential real estate development that contains false or fraudulent information;

      (3)   knowingly affix or cause to be affixed a false signature on any license, certificate or permit application connected in any way with an act related to residential real estate development;

      (4)   bribe or attempt to bribe or cause others to bribe or attempt to bribe any city inspector, city personnel, government official or other person in connection with an act related to residential real estate development;

      (5)   knowingly engage or cause others to engage in any conduct connected in any way with an act related to residential real estate development in violation of the Illinois Architecture Practice Act; the Illinois Professional Land Surveyor Act; the Illinois Professional Engineering Practice Act; or the Illinois Structural Engineering Act;

      (6)   do work related in any way to residential real estate development or to direct, permit, encourage, assist, aid, abet or cause others to do work related in any way to residential real estate development: (i) without first having obtained any license, permit or certificate required by law; or (ii) in violation of any license, permit or certificate required by law; or (iii) contrary to any drawings or plans approved by the appropriate department in connection with the issuance of any building permit required by law; or (iv) in violation of any stop work order; or (v) in violation of the Chicago Zoning Ordinance; or (vi) in a manner that fails to conform to the minimum standards of health or safety set forth in this Code or any other applicable law, or that otherwise endangers the health or safety of workers on a construction site, the current or eventual users or occupants of a building or premises or any part thereof or the general public;

      (7)   use predatory tactics to persuade, convince, cajole, pressure, force, harass or otherwise coerce any homeowner to sell their property. For purposes of this subsection (e)(7), the term "predatory tactics" means: (1) repeated and unsolicited attempts, within any 180-day period, to contact a homeowner via e-mail, telephone calls, house visits, written material or similar means, under circumstances when the homeowner has affirmatively requested the licensee or the licensee’s agent to refrain from such activity; or (2) threats, whether express or implied.

   In addition to any other penalty provided by law, any person who violates any requirement set forth in subsection (e)(1) through (e)(7), inclusive, of this section shall be subject to a fine of not less than $2,000.00 nor more than $10,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

   (f)   License suspension pending final adjudication of bribery charge. If the commissioner has knowledge that a licensee engaged in the business of residential real estate developer under Title 4 or any controlling person has been indicted or charged with any offense set forth in subsection (e)(4) of this section or with a similar offense under any State or Federal law and the commissioner determines that continued operation of the licensed business or activity may pose a threat to the public health, safety or welfare or may threaten to impair public confidence in the licensed business or activity, the commissioner may suspend the regulated business license of such licensee authorizing such licensee to engage in the business of residential real estate developer, in accordance with the requirements of Section 4-4-280, until final adjudication is made with respect to such offense. The subject matter of any hearing conducted under Section 4-4-280 shall be limited to determining: (1) whether the licensee or any controlling person has, in fact, been indicted or charged with any offense set forth in subsection (e)(4) of this section or with a similar offense under any State or Federal law; and (2) whether such offense is connected in any way with an act related to residential real estate development; and (3) whether continued operation of the licensed business or activity may pose a threat to the public health, safety or welfare or may threaten to impair public confidence in the licensed business or activity. The burden of proving that continued operation of the licensed business or activity does not pose a threat to the public health, safety or welfare and does not threaten to impair public confidence in the licensed business or activity shall be on the licensee.

   (g)   License revocation – Four-year wait for new license. No person whose license to engage in the business of residential real estate developer is revoked for cause shall be granted another license under this Code to engage in such business activity at the same or different location, or under the same or different name, for a period of four years from the date of revocation.

   (h)   [Reserved.]

   (i)   Suspension of permit privileges. The Commissioner of Buildings may suspend the ability of any person licensed, registered or certified or required to be licensed, registered or certified under this section to submit new applications or complete pending applications for a building permit or other permit issued by the Department of Buildings for cause as set forth in Section 14A-3-304 of this Code.

   (j)   License 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 section as provided in Section 14A-3-305 of this Code.

(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 11-8-12, p. 38872, § 52; Amend Coun. J. 2-22-17, p. 43876, § 5; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 18; Amend Coun. J. 9-18-19, p. 5227, § 1; Amend Coun. J. 10-27-21, p. 39543, Art. V, § 2)

ARTICLE VI. TATTOOING, BODY PIERCING AND TANNING FACILITY (4-6-060 et seq.)

4-6-060 Tattooing, body piercing and tanning facilities.

   (a)   Definitions. As used in this section:

   "Aseptic technique" means a practice that (i) prevents and hinders the transmission of disease-producing microorganisms from one person or place to another; and (ii) is approved as effective by the Commissioner of Public Health.

   "Body piercing" means penetrating the skin to make a hole, mark or scar that is generally permanent in nature. "Body piercing" does not include (1) practices that are considered to be medical procedures; or (2) puncturing the outer perimeter or lobe of the ear using a pre-sterilized, single-use stud and clasp ear piercing system.

   "Tanning facility" or "tanning facilities" means a room or booth or group of rooms or booths that houses ultraviolet lamps or products containing lamps intended for the irradiation of any part of the living human body for cosmetic or nonmedical related purposes. The term does not include any hotel or motel guest room(s) where sunlamps are installed in the restroom area.

   "Tattooing" means making permanent marks on the skin of a live human being by puncturing the skin and inserting indelible colors. "Tattooing" includes imparting permanent make-up on the skin, such as permanent lip coloring and permanent eye-liner. "Tattooing" does not include any of the following: (1) the practice of electrology, as defined in the Electrologist Licensing Act, codified at 225 ILCS 412/1 et seq.; or (2) the practice of acupuncture, as defined in the Acupuncture Practice Act, codified at 225 ILCS 2/1 et seq.; or (3) the use, by a physician licensed to practice medicine in all of its branches, of colors, dyes or pigments for the purpose of obscuring scar tissue or imparting color to the skin for cosmetic, medical or figurative purposes.

   (b)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, a renewal of, a regulated business license to engage in the business of tattooing, body piercing or tanning facility shall be accompanied by the following information:

      (1)   proof of insurance, as required under subsection (c)(1) of this section.

   (c)   Legal duties. Each licensee engaged in the business of tattooing, body piercing or tanning facility shall have a duty to:

      (1)   obtain commercial general liability insurance, with limits of not less than $300,000.00 per occurrence, for bodily injury, personal injury and property damage arising in any way from the issuance of the license or activities conducted pursuant to the license. The policy of insurance required under this section shall: (i) be issued by an insurer authorized to insure in Illinois; (ii) name the City of Chicago as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the licensee's operations; and (iii) include a provision requiring 30 days' advance notice to the commissioner of health prior to cancellation or lapse of the policy. The licensee shall maintain the insurance required under this subsection in full force and effect throughout the duration of the license period. Proof of insurance shall be kept on the licensed premises, and, upon request by any authorized city official, shall be made available for inspection by such authorized city official. A single violation of this subsection may result in license revocation in accordance with Section 4-4-280;

      (2)   maintain the licensed premises in a clean and sanitary condition;

      (3)   perform body piercing or tattooing in a manner consistent with aseptic technique, as defined in this section;

      (4)   comply with all applicable state laws and regulations, including, but not limited to, the Tanning Facility Permit Act, codified at 210 ILCS 145/1 et seq., and the Tattoo and Body Piercing Establishment Registration Act, codified at 410 ILCS 54/1 et seq.

   (d)   Prohibited acts. It shall be unlawful for any licensee engaged in the business of tattooing, body piercing or tanning facility to:

      (1)   tattoo or to offer to tattoo any person under the age of 18;

      (2)   pierce any area of the body of a person under 18 years of age without written consent, or, in case of any piercing of the oral cavity, without written consent in a form prescribed by the commissioner of health that complies with 720 ILCS 5/12C-40(a) and 77 Illinois Administrative Code 797.400(l), of a parent or legal guardian of that person;

      (3)   allow any person under 18 years of age to tan themselves in a tanning facility, regardless of whether the person has the permission of a parent or guardian.

   (e)   Penalty.

      (1)   Any person who violates subsection (c)(1) of this section or any rule promulgated thereunder shall be subject to a fine of not less than $500.00 nor more than $1,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

      (2)   Any person who violates subsection (c)(2), (c)(3) or (c)(4) of this section or any rule promulgated thereunder shall be subject to a fine of $250.00 for each serious offense; and a fine of $500.00 for each critical offense. Each day that a violation continues shall constitute a separate and distinct offense. The Commissioner of Public Health shall promulgate rules classifying violations of subsections (c)(2), (c)(3), and (c)(4) of this section as serious or critical.

      (3)   Except as otherwise provided in subsections (e)(1) and (e)(2), any person who violates this section or any rule promulgated thereunder shall be subject to a fine of not less than $2,000.00 nor more than $10,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

   (f)   Enforcement – Rules – Closure order. The department of health shall (i) administer and enforce this section; and (ii) promulgate rules and regulations to implement the requirements of this section. In addition to any other penalty provided by law, the department of health may order, in accordance with the requirements of due process, the closure of any place where a violation of subsections (c)(2), (c)(3) or (c)(4) of this section is observed. Such closure shall remain in effect until the commissioner of health determines that the condition giving rise to the closure has been abated.

(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 6-6-12, p. 28356, § 1B; Amend Coun. J. 11-8-12, p. 38872, § 53; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 1; Amend Coun. J. 5-18-16, p. 24253, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 1; Amend Coun. J. 2-24-21, p. 27657, Art. III, § 3)

ARTICLE VII. DAY LABOR AGENCY (4-6-070 et seq.)

4-6-070 Day labor agency.

   (a)   Definitions. As used in this section:

   "Contract employer" means any person who obtains the services of one or more individuals through an agreement with a day labor agency, regardless of whether such agreement is oral or in writing.

   "Day labor" means labor or employment that is (1) irregular or occasional; and (2) not longer than the time required to complete the assignment for which the person was hired; and (3) where wage payments are made directly or indirectly by the day labor agency or the contract employer for work undertaken by one or more day laborers. The term "day labor" does not include secretarial, clerical or professional services.

   "Day laborer" means any person referred by a day labor agency to a contract employer to perform day labor or seeking such a referral.

   "Day labor agency" or "agency" means any entity engaged in providing day labor workers for a contract employer. The term does not include any not-for-profit organization.

   (b)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, a renewal of, a regulated business license to engage in the business of day labor agency shall be accompanied by the following information:

      (1)   if the applicant owns or operates a day labor agency in any jurisdiction other than the City of Chicago, the name, address and location of such day labor agency and the applicant's disciplinary history at each such day labor agency;

      (2)   a copy of the applicant's license issued under the Illinois Day Labor Services Act;

      (3)   a statement as to whether, within five years of the date of application or renewal, the applicant has ever been convicted, in custody, under parole or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction for the commission of a felony or criminal offense of whatever degree involving moral turpitude or dishonesty;

      (4)   a statement as to whether, within five years of the date of application or renewal, the applicant has admitted guilt in any civil or criminal proceeding in connection with the commission of any crime involving moral turpitude or dishonesty;

      (5)   a statement as to whether, within ten years of the date of application or renewal, the applicant has had any license, permit, certificate or its equivalent in any jurisdiction, which authorized such applicant to engage in the business of day care agency or its equivalent in such jurisdiction, suspended or revoked for cause.

   (c)   License issuance and renewal – Prohibited when. No regulated business license to engage in the business of day labor agency shall be issued to the following persons:

      (1)   any applicant or licensee, as applicable, who is required to hold, but does not hold, a valid license issued under the Illinois Day Labor Services Act;

      (2)   any applicant or licensee, as applicable, who, within five years of the date of application or renewal, has been convicted, in custody, under parole or under any other noncustodial supervision resulting from a conviction in a court of any jurisdiction for the commission of a felony or criminal offense of whatever degree involving moral turpitude or dishonesty, unless, upon request of such person, the Commissioner determines that such person has been substantially rehabilitated to warrant the public trust. The burden of proof of substantial rehabilitation shall be on the person seeking such rehabilitation;

      (3)   any applicant or licensee, as applicable, who, within five years of the date of application or renewal, has admitted guilt in any civil or criminal proceeding in connection with the commission of any crime involving moral turpitude or dishonesty, unless, upon request of such person, the Commissioner determines that such person has been substantially rehabilitated to warrant the public trust. The burden of proof of substantial rehabilitation shall be on the person seeking such rehabilitation;

      (4)   any applicant or licensee, as applicable, who, within ten years of the date of application or renewal, has had any license, permit, certificate or its equivalent in any jurisdiction, authorizing such applicant or licensee to engage in the business of day care agency or its equivalent in such jurisdiction, suspended or revoked for cause.

   (d)   Legal duties. Each licensee engaged in the business of day labor agency shall have a duty to:

      (1)   provide toilet facilities within its place of business to accommodate the needs of day laborers using the agency;

      (2)   maintain the temperature in the area of the agency where day laborers await referral or transportation to within three degrees Fahrenheit of the temperature of the area reserved for the agency's manager or other non-day labor employees;

      (3)   obtain from the department of buildings and post on the licensed premises an occupancy placard indicating the permitted capacity of the area of the day labor agency where day laborers await referral or transportation to a contract employer;

      (4)   equip the licensed premises with benches or chairs or any combination thereof in numbers sufficient to accommodate the number of persons identified on the agency's occupancy placard required under subsection (d)(3) of this section;

      (5)   pay a day laborer for each hour such laborer works, or for each hour for which the agency receives compensation from a contract employer in relation to such day laborer, whichever number of hours is greater;

      (6)   at the time a day laborer applies for placement with a contract employer, disclose to such day laborer the cost of each item of clothing or equipment required to be used by the day laborer in connection with that placement;

      (7)   be responsible for the conduct and performance of any person who transports a day laborer from the agency to a work site, unless (i) the transporter is the Chicago Transit Authority or another component of the Regional Transportation Authority; or (ii) the day laborer provides his or her own transportation; or (iii) the transporter is selected exclusively by and at the sole choice of the day laborer without mandatory direction from the day labor agency and such transporter is paid by the day laborer for transportation in a vehicle not owned or operated by the day labor agency;

      (8)   if the day labor agency refers a day laborer to a public passenger vehicle licensee for transportation, ensure that the vehicle and its operator are in compliance with Chapter 9-112 of this Code and all regulations promulgated thereunder. Provided, however, that informing a day laborer of the availability of a car pool driven by another day laborer shall not be considered a referral by the agency. Provided further, that directing the day laborer to accept a specific car pool as a condition of work shall be considered to be a referral. Any mention or discussion of the cost of the car pool shall also be considered a referral by the agency;

      (9)   post in a conspicuous location a sign in English, Polish and Spanish, describing the rights and obligations of the agency and day laborers. The content of such sign and description shall be determined by the commissioner;

      (10)   comply with the Chicago Human Rights Ordinance, Chapter 6-10 of this Code, in connection with every decision and action of the day labor agency affecting the selection, hiring, assignment, compensation, retention and all other conditions of employment of day laborers;

      (11)   create an accurate record of each transaction by which a day laborer was sent to a contract employer. Such record shall include (i) the name of the day laborer and the date of the transaction; (ii) the address of the day laborer; (iii) the race and gender of the day laborer, as provided by the laborer; (iv) the name, address and telephone number of the contract employer; (v) the name and title of the individual at the contractor employer's place of business responsible for the transaction; (vi) the type of work to be performed by the day laborer; (vii) any specific qualifications or attributes of a day laborer, requested by the contract employer; (viii) the hourly rate of pay to the day laborer; (ix) the compensation payable by the contract employer to the agency; (x) the number of hours worked by the day laborer; (xi) actual deductions from the day laborer's compensation made either by the contract employer or by the agency for the day laborer's transportation, food, equipment, withheld income tax, withheld social security payments and every other deduction; (xii) the nature, brand and unit price of any equipment given to the day laborer and a listing of all fees, taxes or other items for which a deduction is taken from the laborer's pay; (xiii) the number of hours to be worked by the day laborer; and (xiv) any additional information required by regulations issued by the department;

      (12)   maintain all records under subsection (d)(11) of this section for a period of five years from the date of their creation, and, upon request by any authorized city official, make such records available for inspection during normal business hours by such authorized city official;

      (13)   upon demand by any individual day laborer, make such individual's records within the meaning of subsection (d)(11) of this section available to such day laborer, during normal business hours, for inspection by such day laborer;

      (14)   provide to each day laborer a work ticket, signed by an employee of the agency when the day laborer is dispatched from the agency office. If the day laborer is not placed with a contract employer for that day, the agency shall provide the day laborer with a confirmation signed by an employee of the agency, which shall include the items described in items (i), (ii) and (xiv) of subsection (d)(11) of this section, plus the time that the day laborer receives such confirmation. If the day laborer is placed with a contract employer, the ticket shall include the information described in subsections (i), (iv), (vi), (viii), (xii), (xiii) and (xiv) of subsection (d)(11) of this section, plus the time the day laborer is dispatched to the contract employer and the time of return. If the day laborer returns to the agency at the conclusion of the work day, the agency shall add items (x) and (xi) to the ticket. If the day laborer has a regular assignment where he or she goes directly to the work site, and is not required to appear at the day labor agency, the day labor agency shall coordinate with the work site supervisor to provide the day laborer, upon request, a copy of the record kept at the work site of the hours worked by the day laborer.

   (e)   Prohibited acts. It shall be unlawful for any licensee engaged in the business of day labor agency to:

      (1)   charge a day laborer for use of the agency's toilet facilities;

      (2)   charge, or to allow a contract employer to charge, a day laborer for transportation to or from the contract employer's work site;

      (3)   charge a day laborer for the use of any item of clothing or equipment that is returnable to the agency;

      (4)   require, as a condition of placing a day laborer with a contract employer, that the day laborer purchase or rent from the agency or from the contract employer any item of clothing or equipment, if the employee has in his possession substantially equivalent clothing or equipment;

      (5)   charge a laborer for any item of equipment or clothing that he or she returns to the agency by the end of the next business day and in a usable condition;

      (6)   charge a worker for any disposable item of equipment;

      (7)   make any false, inaccurate or incomplete entry into any record required under subsection (d)(11) or (d)(14) of this section or to delete required information from any such record.

(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 11-8-12, p. 38872, § 54; Amend Coun. J. 4-27-22, p. 46382, § 17; Amend Coun. J. 4-19-23, p. 62651, § 3)

ARTICLE VIII. ADULT FAMILY CARE CENTER (4-6-080 et seq.)