ARTICLE XI. ADULT FAMILY CARE HOME (4-6-110 et seq.)

(5) proof that the applicant or licensee, as applicable, is properly licensed by the State of Illinois to engage in the business of assisted living establishment;

(6) any other information required by rules and duly promulgated by the Commissioner of Public Health.

(1) The commissioner of the department of business affairs and consumer protection shall have the following duties: (i) upon receipt by the department of any application for a regulated business license to engage in the business of assisted living establishment, to forward such application to the department of health; and (ii) upon issuance of a regulated business license to engage in the business of assisted living establishment, to so notify the alderman of the affected ward.

(2) The Commissioner of Public Health shall notify the Commissioner of business Affairs and Consumer Protection if the Commissioner of Public Health orders any assisted living establishment closed.

(3) The: (i) department of health, and (ii) either the fire department or department of buildings, pursuant to a coordinated inspection schedule, shall conduct bi-annual inspections of every assisted living establishment licensed or required to be licensed under this section. If, within the 12-month period prior to the date of any inspection required under this section, the assisted living establishment was inspected either by the fire department or department of buildings in connection with a permit inspection, periodic inspection, code compliance inspection or certificate of occupancy, such inspection shall be deemed to meet the applicable inspection requirement set forth in item (ii) of this subsection (c)(3) and in subsection (d)(2).

(4) In addition to the inspections mandated in subsection (c)(3), the department of health, department of family and support services, fire department and department of buildings are authorized to conduct such additional inspections as they deem necessary to maintain health and safety.

(d) License issuance and renewal – Prohibited when. No regulated business license to engage in the business of assisted living establishment shall be issued to the following persons:

(1) any applicant or licensee, as applicable, that is not properly licensed by the State of Illinois to engage in the business of assisted living establishment;

(2) any applicant or licensee, as applicable, unless, prior to issuance of any initial license to engage in the business of assisted living establishment, the establishment identified in the license application is inspected in accordance with subsection (c)(3) to determine whether the establishment is in compliance with the requirements of this Code and any rules promulgated thereunder pertaining, respectively, to health, sanitation, fire prevention and the building provisions of this Code.

(e) Legal duties. Each licensee engaged in the business of assisted living establishment shall have a duty to:

(1) comply with the minimum requirements and standards applicable to assisted living establishments, as set forth in the Assisted Living and Shared Housing Establishment Act, and all rules and regulations promulgated thereunder applicable to assisted living establishments. The Assisted Living and Shared Housing Establishment Act, and all such applicable rules and regulations promulgated thereunder, shall be incorporated herein and shall hereby be made a part of this section;

(2) comply with any rules adopted by the Commissioner of Public Health relating to the operation and conduct of any assisted living establishment licensed or required to be licensed under this chapter;

(3) equip the establishment with cooling and dehumidification equipment in accordance with Section 14X-8-803.2; monitor the interior temperature and humidity level in all living quarters, dining areas, bathrooms, common rooms and connecting corridors on a regular basis; and operate the equipment in accordance with Section 14X-8-803.6;

(4) submit any reports to the Department of Public Health as such department may from time to time require, as set forth in rules duly promulgated by the Commissioner of Public Health. All such reports shall be made on forms provided by the Department of Public Health and shall be verified for truthfulness and accuracy and signed by the chief physician or administrator of such establishment.

(f) Enforcement – Rules. The Commissioner of Public Health is authorized to adopt and enforce reasonable rules relating to the operation and conduct of assisted living establishments. Such rules (i) shall include all minimum requirements and standards for assisted living establishments set forth in the Assisted Living and Shared Housing Establishment Act and all rules and regulations applicable to assisted living establishments promulgated under such Act; and (ii) may include additional rules relating to the operation and conduct of assisted living establishments, including, but not limited to, rules to address public health and safety issues, to the extent that such additional rules are permitted under the home rule powers of the City.

(g) Penalty. In addition to any other penalty provided by law, any person who violates any requirement of this section or any rule or regulation promulgated thereunder shall be subject to a fine of not less than $300.00 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. 6-6-12, p. 28356, § 1B; Amend Coun. J. 11-8-12, p. 38872, § 57; Amend Coun. J. 5-18-16, p. 24131, § 6; Amend Coun. J. 2-22-17, p. 43916, Art. VIII, § 2; Amend Coun. J. 2-24-21, p. 27657, Art. III, § 5; Amend Coun. J. 6-22-22, p. 49372, § 2)

ARTICLE X. LONG-TERM CARE FACILITY (4-6-100 et seq.)

4-6-100 Long-term care facility.

(a) Definitions. As used in this section:

"Long-term care facility" has the meaning set forth in the Nursing Home Care Act.

"Nursing Home Care Act" or "Act" means the Nursing Home Care Act, codified at 210 ILCS 45/1-101 et seq.

(1) the location of the facility;

(2) the total number of residents that will be housed at the facility at any given time;

(3) the level of care that will be provided at the facility;

(4) the name and address of the person(s) responsible for administering, supervising or managing the facility;

(5) proof that the applicant or licensee, as applicable, is properly licensed by the State of Illinois to engage in the business of long-term care facility;

(6) any other information required by rules duly promulgated by the Commissioner of Public Health.

(1) The commissioner of the department of business affairs and consumer protection shall have the following duties: (i) upon receipt by the department of any application for a regulated business license to engage in the business of long-term care facility, to forward such application to the department of health; and (ii) upon issuance of a regulated business license to engage in the business of long-term care facility, to so notify the alderman of the affected ward.

(2) The Commissioner of Public Health shall notify the Commissioner of Business Affairs and Consumer Protection if the Commissioner of Public Health orders any long-term care facility closed.

(3) The (i) department of health, and (ii) either the fire department or department of buildings, pursuant to a coordinated inspection schedule, shall conduct bi-annual inspections of every long-term care facility licensed or required to be licensed under this section. If, within the 12-month period prior to the date of any inspection required under this section, the long- term care facility was inspected either by the fire department or department of buildings in connection with a permit inspection, periodic inspection, code compliance inspection or certificate of occupancy, such inspection shall be deemed to meet the applicable inspection requirement in item (ii) of this subsection (c)(3) and in subsection (d)(2).

(d) License issuance and renewal – Prohibited when. No regulated business license to engage in the business of long-term care facility shall be issued to the following persons:

(1) any applicant or licensee, as applicable, that is not properly licensed by the State of Illinois to engage in the business of long-term care facility;

(2) any applicant or licensee, as applicable, unless, prior to issuance of any initial license to engage in the business of long-term care facility, the premises identified in the license application are inspected in accordance with subsection (c)(3) to determine whether the facility is in compliance with the requirements of this Code and any rules promulgated thereunder pertaining, respectively, to health, sanitation, fire prevention and the building provisions of this Code.

(e) Legal duties. Each licensee engaged in the business of long-term care facility shall have a duty to:

(1) comply with the applicable minimum requirements and standards established in the Nursing Home Care Act and any rule and regulation promulgated thereunder. The Nursing Home Care Act and all rules and regulations promulgated under the Act shall be incorporated herein and shall hereby be made a part of this section;

(2) comply with all rules adopted by the Commissioner of Public Health relating to the operation and conduct of any long-term care facility licensed or required to be licensed under this chapter;

(3) equip the facility with cooling and dehumidification equipment in accordance with Section 14X-8-803.2; monitor the interior temperature and humidity level in all living quarters, dining areas, bathrooms, common rooms and connecting corridors on a regular basis; and operate the equipment in accordance with Section 14X-8-803.6;

(4) submit any reports to the Department of Public Health as such department may from time to time require, as set forth in rules duly promulgated by the Commissioner of Public Health. All such reports shall be made on forms provided by such department, and the truthfulness and accuracy of the contents thereof shall be verified and signed by the chief physician or administrator of such facility.

(f) Enforcement – Rules. The Commissioner of Public Health is authorized to adopt and enforce reasonable rules relating to the operation and conduct of long-term care facilities. Such rules shall include all minimum requirements and standards set forth in the Nursing Home Care Act and all rules promulgated under such Act, and may include additional rules relating to the operation and conduct of such facilities, including, but not limited to, rules to address public health and safety issues, to the extent that such additional rules and regulation are permitted under the home rule powers of the City.

(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, § 58; Amend Coun. J. 5-18-16, p. 24131, § 7; Amend Coun. J. 2-22-17, p. 43916, Art. VIII, § 3; Amend Coun. J. 2-24-21, p. 27657, Art. III, § 6; Amend Coun. J. 6-22-22, p. 49372, § 3)

ARTICLE XI. ADULT FAMILY CARE HOME (4-6-110 et seq.)

4-6-110 Adult family care home.

(a) Definitions. As used in this section:

"Adult family care home" has the meaning ascribed to the term "shared housing establishment" as set forth in the Act.

"Assisted Living and Shared Housing Act" or "Act" means the Assisted Living and Shared Housing Act, as amended, codified at 210 ILCS 9/1, et seq.

(1) the location of the adult family care home;

(2) the total number of residents that will be housed at the adult family care home at any given time;

(3) the level of care that will be provided at the adult family care home;

(4) the name and address of the person(s) responsible for administering, supervising or managing the adult family care home;

(5) proof that the applicant or licensee, as applicable, is properly licensed by the State of Illinois as a shared housing establishment;

(6) any other information required by rules duly promulgated by the Commissioner of Public Health.

(1) The commissioner of the department of business affairs and consumer protection shall have the following duties: (i) upon receipt by the department of any application for a regulated business license to engage in the business of adult family care home, to forward such application to the department of health; and (ii) upon issuance of a regulated business license to engage in the business of adult family care home, to so notify the alderman of the affected ward.

(2) The Commissioner of Public Health shall notify the Commissioner of Business Affairs and Consumer Protection if the Commissioner of Public Health orders any adult family care home closed.

(3) The (i) department of health, and (ii) either the fire department or department of buildings, pursuant to a coordinated inspection schedule, shall conduct bi-annual inspections of every adult family care home licensed or required to be licensed under this section. If, within the 12-month period prior to the date of any inspection required under this section, the adult family care home was inspected either by the fire department or department of buildings in connection with a permit inspection, periodic inspection, code compliance inspection or certificate of occupancy, such inspection shall be deemed to meet the inspection requirement in item (ii) of this subsection (c)(3) and in subsection (d)(2).

(d) License issuance and renewal – Prohibited when. No regulated business license to engage in the business of adult family care home shall be issued to the following persons:

(1) any applicant or licensee, as applicable, that is not properly licensed by the State of Illinois as a shared housing establishment;

(2) any applicant or licensee, as applicable, unless, prior to issuance of any initial license to engage in the business of adult family care home, the premises identified in the license application are inspected in accordance with subsection (c)(3) to determine whether the adult family care home is in compliance with the requirements of this Code and any rules promulgated thereunder pertaining, respectively, to health, sanitation, fire prevention and the building provisions of this Code.

(e) Legal duties. Each licensee engaged in the business of adult family care home shall have a duty to:

(1) comply with all minimum requirements and standards applicable to shared housing establishments, as set forth in the Assisted Living and Shared Housing Establishment Act, and with all rule and regulations promulgated thereunder applicable to shared housing establishments. All such minimum requirements and standards set forth in such Act, and all such rules and regulations promulgated under the Act, shall be incorporated herein and shall hereby be made a part of this section;

(2) comply with any rules adopted by the Commissioner of Public Health relating to the operation and conduct of any adult family care home licensed or required to be licensed under this chapter;

(3) equip the adult family care home with cooling and dehumidification equipment in accordance with Section 14X-8-803.2; monitor the interior temperature and humidity level in all living quarters, dining areas, bathrooms, common rooms and connecting corridors on a regular basis; and operate the equipment in accordance with Section 14X-8-803.6;

(4) submit any reports to the Department of Public Health as such department may from time to time require, as set forth in rules duly promulgated by the Commissioner of Public Health. All such reports shall be made on forms provided by such department, and the truthfulness and accuracy of the contents thereof shall be verified and signed by the chief physician or administrator of such adult family care home.

(f) Enforcement – Rules. The Commissioner of Public Health is authorized to adopt and enforce reasonable rules relating to the operation and conduct of adult family care homes. Such rules (i) shall include all minimum requirements and standards for shared housing establishments set forth in the Assisted Living and Shared Housing Establishment Act and all rules and regulations applicable to shared housing establishments promulgated under such Act; and (ii) may include additional rules relating to the operation and conduct of adult family care homes, including, but not limited to, rules to address public health and safety issues, to the extent that such additional rules are permitted under the home rule powers of the City.

(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 6-6-12, p. 28356, § 1B; Amend Coun. J. 5-18-16, p. 24131, § 8; Amend Coun. J. 2-22-17, p. 43916, Art. VIII, § 4; Amend Coun. J. 2-24-21, p. 27657, Art. III, § 7; Amend Coun. J. 6-22-22, p. 49372, § 4)

ARTICLE XII. AUTOMATIC AMUSEMENT OPERATOR (4-6-120 et seq.)

4-6-120 Automatic amusement operator.

(a) Definitions. As used in this section:

"Automatic amusement device" means any machine, which, upon the insertion of a coin, slug, token, card or similar object, or upon any other payment method, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score, and includes, but is not limited to, such devices as jukeboxes, marble machines, pinball machines, movie and video booths or stands and all games, operations or transactions similar thereto under whatever name by which they may be indicated. Bingo devices are deemed gambling devices and are therefore prohibited for use except as provided by state law. If a machine consists of more than one game monitor which permits individuals to play separate games simultaneously, each separate game monitor shall be deemed an automatic amusement device.

"Automatic amusement device operator" means any person who conducts or transacts the business of distributing, placing, leasing or selling automatic amusement devices with an agreement to maintain, service or supply such device(s).

(b) Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a regulated business license to engage in the business of automatic amusement operator shall be accompanied by a statement as to whether the applicant or licensee, as applicable, 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 of a felony of any type or a criminal offense of whatever degree involving tax evasion, tax delinquency, the failure to pay any tax, the use of coercion or other illegal measures to promote the use of automatic amusement devices, fraud, theft, forgery, personal dishonesty, or deception.

(c) License issuance and renewal prohibited when. No regulated business license to engage in the business of automatic amusement device operator shall be issued to any applicant or licensee, as applicable, who 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 of a felony of any type or criminal offense of whatever degree involving tax evasion, tax delinquency, the failure to pay any tax, the use of coercion or other illegal measures to promote the use of any automatic amusement device(s), fraud, theft, forgery, personal dishonesty, or deception, unless, upon request of such person, the Commissioner has determined 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.

(d) Departmental duties. The Commissioner of Business Affairs and Consumer Protection, the Comptroller, and the City Clerk shall have the authority to promulgate rules pertaining to automatic amusement devices and to examine all books and records of automatic amusement device operators necessary or appropriate to ensure compliance with the requirements of this section.

(e) Legal duties. Each licensee engaged in the business of automatic amusement operator shall have a duty to:

(1) pay all taxes required to be paid by such licensee under Chapter 4-156 of this Code;

(2) comply with all applicable requirements set forth in Chapter 4-156 of this Code;

(3) upon request of the Commissioner, the Comptroller, or the City Clerk, make available for examination all books and records of automatic amusement device operators necessary or appropriate to ensure compliance with the requirements of this chapter.

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

(1) use coercive or illegal measures to promote the distribution, placement, leasing, selling or use of any automatic amusement device;

(2) install any automatic amusement device in any establishment or location that is ineligible under this Code to have such device(s) on its premises.

(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 4-19-23, p. 62651, § 4)

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