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ARTICLE XII. AUTOMATIC AMUSEMENT OPERATOR (4-6-120 et seq.)
(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)
ARTICLE XIII. PRIVATE SCAVENGER (4-6-130 et seq.)
(a) Definitions. As used in this section:
"Backhauler" has the meaning ascribed to the term in Section 11-5-020.
"Construction and demolition debris" has the meaning ascribed to the term in Section 11-4-120.
"Disposal and Recycling Management Company" means any person engaged in the business of managing the removal and disposal of recyclable material, or grease, fats and oils, or table refuse or animal or vegetative matter usually known as garbage, or other wastes other than construction or demolition debris from any premises through the use of scavenger vehicles owned by another person. The term "Disposal and Recycling Management Company" does not include any person who qualifies as a "City-based business" pursuant to Section 2-92-412 or any person engaged in the business of managing the removal and disposal of recyclable material, or construction and demolition debris, or grease, fats and oils, or table refuse or animal or vegetative matter usually known as garbage, or other wastes from any premises pursuant to a contract with the City.
“Private scavenger” means any person engaged in the removal and disposal of recyclable material, or construction and demolition debris, or grease, fats and oils, or table refuse or animal or vegetative matter usually known as garbage, or other wastes, from any premises where the removal and disposal of such matter is not provided for by the City. The term “private scavenger” includes any Disposal and Recycling Management Company. The term “private scavenger” does not include any: (i) person who gathers, removes or disposes of garbage or other waste from such person’s own premises without the aid of a licensed private scavenger, if such person has received written permission to do so, in the form of a permit issued by the Commissioner of Streets and Sanitation, and such person gathers, removes and disposes of the aforementioned material in the manner specified in such permit; or (ii) person who removes manure from his own premises; or (iii) backhauler meeting the requirements of Article V of Chapter 11-5 of this Code.
"Recyclable material" has the meaning ascribed to the term in Section 11-5-020.
"Recycling container" has the meaning ascribed to the term in Section 11-5-020.
"Refuse container" means any commercial refuse container or compacter as defined in Section 7-28-210.
(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 private scavenger shall be accompanied by the following information:
(1) the number of scavenger vehicles that the applicant owns or intends to operate or use in connection with said business;
(2) the method of disposal and place of disposal of garbage or other waste being proposed by the applicant;
(3) a valid and current inspection approval license, issued by the State of Illinois for each scavenger vehicle used in the conduct of the business;
(4) in the case of an applicant that is a Disposal and Recycling Management Company, the name of each person the applicant intends to subcontract with for the removal and disposal of garbage or other waste, and proof establishing that each such person and all vehicles owned and operated by each such person comply with the provisions of this section and all other provisions of this Code and applicable regulations.
(c) License issuance and renewal – Prohibited when. No regulated business license to engage in the business of private scavenger shall be issued to the following persons:
(1) any applicant or licensee, as applicable, if such person has not obtained an inspection approval license meeting the requirements of subsection (b)(3) or (b)(4) of this article for each scavenger vehicle owned or used in the conduct of the business;
(2) any applicant or licensee, as applicable, if the Commissioner of Streets and Sanitation does not approve the adequacy of any recycling program required to be developed and made available by the private scavenger pursuant to subsection (e)(4) of this section;
(3) any applicant or licensee, as applicable, who fails to provide proof of compliance with requirements set forth in subsection (e)(5) of this section; or
(4) any licensee under this section who has failed to submit in a timely manner the annual recycling report required under Section 11-5-220 or who has submitted an incomplete report, until such time that the Commissioner of Streets and Sanitation notifies the Department that the annual recycling report required under Section 11-5-220 has been filed and is complete.
(d) Departmental duties.
(1) The Commissioner of Streets and Sanitation shall enforce the provisions of this section. Such Commissioner is authorized to (i) issue such reasonable orders in connection with carrying on the business of private scavenger as the Commissioner deems necessary to protect the health of the public; and (ii) to issue permits, subject to reasonable terms and conditions as determined by the Commissioner, to persons who desire, without the aid of a licensed private scavenger, to gather, remove or dispose of garbage or other waste from such person’s own premises.
(2) The Commissioner of Streets and Sanitation shall review and approve the adequacy of any recycling program required to be developed and made available by a private scavenger pursuant to subsection (e)(4) of this section.
(3) Along with every notice of violation of subsection (e)(12) of this section, the Department of Streets and Sanitation shall provide to the private scavenger a picture of the refuse or recycling container identified in such notice.
(4) If a licensee under this section uses a vehicle to conduct the business of private scavenger, the City Clerk shall issue to such person, at the time the license is issued, and any time a new vehicle is added to the licensee’s fleet, a metal plate or other emblem for each vehicle used to conduct such business. Such plate or emblem shall be stamped or plainly, marked with the words “Chicago Private Scavenger”. Provided, however, that no metal plate or other emblem shall be issued under this section for any vehicle used in said business unless such vehicle has been inspected by the Department of Streets and Sanitation, as evidenced by an inspection approval certificate issued by the Department for such vehicle. Provided further, that if the Commissioner of Streets and Sanitation notifies the City Clerk that a licensee under this section has failed to submit in a timely manner the annual recycling report required under Section 11-5-220 or has submitted an incomplete report, no metal plate or other emblem shall be issued or renewed under this subsection for any vehicle used in said business until such time that the Commissioner of Streets and Sanitation notifies the City Clerk that the annual recycling report required under Section 11-5-220 has been filed and is complete.
(e) Legal duties. Each licensee engaged in the business of private scavenger shall have a duty to:
(1) remove any recyclable material as defined in Section 11-5-020 or diseased or dead animal, offal, rubbish, garbage, dirt, street-sweepings or other filthy, offensive or noxious substance that the licensee has contracted or undertaken to remove with dispatch and, in every particular, in a manner as clean and free from offense and with as little danger and prejudice to life and health as possible;
(2) comply with any reasonable order issued by the Commissioner of Streets and Sanitation pursuant to authority granted to the Commissioner under subsection (d)(1)(i) of this section, and to perform the work required of such licensee in such a way that no public nuisance is created;
(3) register with the Commissioner of Streets and Sanitation, in the manner directed by the Commissioner, each and every scavenger vehicle operated in the City by the licensee;
(4) develop and make available to all refuse collection customers an effective recycling program as required by Chapter 11-5 of this Code. Any hauler may subcontract with a recycling service provider, transfer station or other waste control facility to meet these requirements. The program shall be in writing and shall describe the categories of materials to be recycled, the involvement of the scavenger’s or hauler’s customers in the program, and the means of recycling. Such program shall be reviewed and approved by the Commissioner of Streets and Sanitation. Included in that program shall be the specific measures required to ensure cooperation between the building manager and the municipal solid waste hauler;
(5) submit to the Commissioner of Streets and Sanitation an annual recycling report meeting the requirements of Section 11-5-220;
(6) replace any scavenger vehicle that becomes unsuitable for the purpose for which it was originally intended with a vehicle of a type acceptable to the Commissioner of Streets and Sanitation;
(7) notify the Commissioner of Streets and Sanitation if the licensee suspends service at any location within the City. Such notice shall be in a form specified by the Commissioner, and shall identify the licensed scavenger, the address of the location at which service has been suspended, and the name and nature of the business conducted at the location. The notice shall be delivered to the Commissioner within three days after suspension of service. Any person who violates this subsection shall be subject to a fine of 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;
(8) obtain from the City Clerk, at the time the license is issued and any time a new vehicle is added to the private scavenger’s fleet of vehicles, a metal plate or other emblem for each scavenger vehicle used to conduct the licensed business, and conspicuously display such plate or emblem on each scavenger vehicle used in said business;
(9) provide refuse or recycling containers, as applicable, to customers, and paint or otherwise permanently affix on each such container the name and phone number of the licensee;
(10) upon suspension by a customer of any contract for private scavenger service, remove any refuse or recycling container provided to the licensee's customer within 30 days of the date on which such suspension occurred;
(11) upon termination by a customer of any contract for private scavenger service, remove any refuse or recycling container provided to the licensee's customer within three days of the date on which such termination occurred;
(12) be responsible for the appearance of any refuse or recycling container that the private scavenger provides to its customers; deliver any required refuse or recycling container free of graffiti; and remove graffiti from any refuse or recycling container within 15 business days of receiving written notification from the Commissioner of Streets and Sanitation. Provided, however, that from December 1 to March 1, if weather conditions make removal of the graffiti impracticable, the Commissioner may, by written order, extend the time for removal of the graffiti to such time when removal would be practicable. Any person who violates this subsection shall be subject to a fine of not less than $100.00 nor more than $300.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense;
(13) carry in each of the licensee’s scavenger vehicles a rake, broom, shovel or other implement of sufficient strength and durability, which shall be used by the licensee to remove scattered or spilled refuse or recyclable material. The Commissioner of Streets and Sanitation may issue rules specifying the types and conditions of the implements required to be used to comply with this subsection;
(14) whenever collecting refuse or recyclable material, completely remove all scattered refuse or recyclable material lying within six feet of the container or container area which the private scavenger is servicing and all refuse or recyclable material dropped or spilled during collection;
(15) equip each scavenger vehicle with a permanently installed functioning Global-Positioning-System (GPS) device which sends real-time data to the licensee. The licensee shall have a means of recording, storing for at least one year, and sharing the GPS data.
(f) Prohibited acts. It shall be unlawful for any licensee engaged in the business of private scavenger to:
(1) provide any refuse or recycling container to any person who is not a customer of the private scavenger or to whom the private scavenger is not providing service;
(2) violate any applicable requirement set forth in Section 7-28-226;
(3) violate any applicable requirement set forth in Section 7-28-215;
(4) violate any requirement set forth in Article IV of Chapter 11-5 of this Code; or
(5) remove any recyclable material from a recycling container located on the public way in violation of Section 11-5-085, unless the licensee is under contract with a refuse collection customer to collect recyclable material from such refuse collection customer.
(h) Construction of section. Nothing in this section shall be construed to conflict with any existing or future provision of this Code concerning the removal and disposal of dirt, filth, litter, garbage, ashes, manure, offal, swill, dead animals, recyclable material and other material from the public way by the City acting through its contractors or otherwise.
(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 11-8-12, p. 38872, § 59; Amend Coun. J. 7-20-16, p. 28694, § 3; Amend Coun. J. 2-22-17, p. 43916, Art. VI, § 1; Amend Coun. J. 4-18-18, p. 75051, § 2; Amend Coun. J. 11-20-19, p. 9510, Art. IV, § 11; Amend Coun. J. 11-7-23, p. 5782, § 2)
ARTICLE XIV. SECONDHAND DEALER IN CHILDREN'S CLOTHING AND CHILDREN'S PRODUCTS (4-6-140 et seq.)
(a) Definitions. As used in this section:
"Children's clothing" means any item of apparel for use by children under eight years of age.
"Children's product" means any item of furniture manufactured for use by children under eight years of age, including, but not limited to, any crib, playpen, stroller or child carrier.
"Deal" or "transaction" means to purchase, sell, receive, trade, place on consignment or otherwise transfer children's clothing or children's products.
"Secondhand dealer" means any person who engages exclusively in the business of purchasing, selling, receiving, trading, consignment selling or otherwise transferring for value any children's clothing or children's product or combination thereof.
(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 license to engage in the business of secondhand dealer in children's clothing and children's products shall be accompanied by the following information:
(1) an affidavit, signed by the applicant or licensee, as applicable, stating that such applicant or licensee will deal exclusively in children's clothing and/or children's products at the location identified in the license application.
(c) Legal duties. Each licensee engaged in the business of secondhand dealer in children's clothing and children's products shall have a duty to:
(1) obtain and maintain on file on the licensed premises, in paper form, all recall notifications issued over the preceding nine-year period by the United States Consumer Product Safety Commission or its successor organization;
(2) make and maintain complete and accurate records, which may include an accessible computer database capable of being printed at the licensee's business location, of every article of secondhand clothing and every children's product that is the subject of a deal or transaction as defined in subsection (a) of this section. The records required under this subsection (c)(2) shall be (i) in English; (ii) typed or printed in ink, which may include a computer printout; and (iii) made at the time the deal or transaction occurs; and (iv) upon request by any city official, made available for inspection by such city official during the licensee's regular business hours.
(3) if any property that is the subject of a deal or transaction is determined by the superintendent of police to be stolen property, return such stolen property, free of charge, to its lawful owner.
(d) Prohibited acts. It shall be unlawful for any person engaged in the business of secondhand dealer in children's clothing and children's products to:
(1) use any property, whether private or public, that is not included within the licensed premises to store, handle or display any secondhand article of children's clothing or children's product;
(2) place, or to cause to be placed by any agent, agency, organization or natural person, any unattended receptacle for the purpose of accepting donations of any kind on public or private property without the specific written consent of the alderman of the ward in which the receptacle is placed. In addition to any other penalty provided by law, any person who violates any requirement of this subsection shall be subject to a fine of up to $500.00 per day for up to five calendar days, at which time the illegally placed receptacle may be confiscated and disposed of by the department of streets and sanitation, under the direction of the ward superintendent, who is also authorized to issue tickets to the offending agency or individual;
(3) purchase any article of children's clothing or any children's product from any minor without the written consent of such minor's parent or legal guardian. Any such written consent shall be signed in the presence of the licensee or the licensee's agent;
(4) purchase any article of children's clothing or any children's product from any person who (i) appears to be intoxicated or under the influence of any drug; or (ii) is known by the licensee to be a thief or to have been convicted of burglary or theft;
(5) purchase, sell, receive, trade, place on consignment or otherwise transfer any secondhand article of children's clothing or any children's product before the hour of 6:00 a.m. or after the hour of 9:00 p.m.;
(6) purchase, sell, receive, trade, place on consignment or otherwise transfer any children's product that does not contain the manufacturer's original label, tag or other identification. Provided, however, that this requirement shall not apply if the licensee has documentation or photographic evidence establishing the identity of the product manufacturer;
(7) erase, obliterate or deface any record required under subsection (c)(2) of this section.
(e) Penalty. In addition to any other penalty provided by law, any person who violates any requirement set forth in subsections (c)(1), (c)(2), (d)(3) or (d)(5) of this section or any rule or regulation 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. Any violation of this section or any rule or regulation promulgated thereunder on two different days within any 12-month period may result in license suspension or revocation in accordance with the requirements set forth in Section 4-4-280.
(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, § 60)
ARTICLE XV. JUNK PEDDLER (4-6-150 et seq.)
(a) Definitions. As used in this section:
"Fence" means and includes any place for the purchase, reception or keeping of stolen goods.
"Junk" means, but is not limited to, old iron; chain; brass; copper; tin; lead or other base metals; old rope; old bags; rags; wastepaper; paper clippings; scraps of woolens; clips; bagging; rubber and glass; empty bottles of different kinds and sizes when the number of each kind or size is less than one gross; all materials, elements and components that have been used or have been purchased to be used in building construction or rehabilitation projects; and all articles and things discarded or no longer in use.
"Junk" includes items and materials stored for resale with no more processing than sorting, crushing or separation from other items and materials.
"Junk peddler" means any person who travels, with or without a vehicle, from place to place within the city for the purpose of collecting, transporting or disposing of junk or who makes a business of purchasing junk from anyone who desires to sell it and carries it away upon purchasing it. The term "junk peddler" does not include any person issued a permit to operate a recycling facility under Article XX of Chapter 11-4 of this Code or any agent of such person.
(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 junk peddler shall be accompanied by the following information:
(1) a statement as to whether, within three 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 degree involving keeping, conducting, operating or participating in any illegal operation connected with the junk peddler business;
(2) the color, make, model, vehicle license plate number and city wheel tax license emblem number of every vehicle used in relation to junk peddling by the applicant;
(3) proof of liability insurance for every vehicle used in relation to junk peddling by the applicant, as required by the Illinois Vehicle Code, codified at 625 ILCS 5/1-100 et seq.
(c) License issuance and renewal – Prohibited when. No regulated business license to engage in the business of junk peddler shall be issued to any applicant or licensee, as applicable, who, within three years of the date of application or renewal, 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 keeping, conducting, operating or participating in any illegal operation connected with the junk peddler business, 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.
(1) The Commissioner of Business Affairs and Consumer Protection shall notify the Commissioner of Health, the Commissioner of Streets and Sanitation, and the Superintendent of Police of the name and junk peddler license number of every junk peddler licensed under this section.
(2) The Department of Business Affairs and Consumer Protection shall issue to each licensee an identification card stating the junk peddler's name, address, telephone number, driver's license number, and junk peddler license number.
(e) Legal duties. Each licensee engaged in the business of junk peddler shall have a duty to:
(1) observe and comply with all provisions of this Code related to use of the public way, solid waste disposal and sanitation;
(2) display on each side and the rear of every junk vehicle used for the collection, transportation or disposal of any junk, in letters not less than two inches in height and in contrasting color, the following information: the licensee's name, business telephone number and city junk peddler license number;
(3) carry the identification card issued under subsection (d)(2) of this section at all times while the licensee is engaged in the business of junk peddler;
(4) upon request by any authorized city official, make available for inspection by such authorized city official or aldermen (i) any goods, article, thing or junk which may have been lost or stolen, or which is alleged to have been lost or stolen; (ii) the licensee's business premises; (iii) any vehicle used in relation to the licensee's business; and (iv) junk;
(5) lawfully dispose of junk by hauling or otherwise bringing junk to a junk facility, recycling facility, transfer station, landfill or other solid waste disposal facility properly permitted by the city in accordance with the requirements of Chapter 11-4 of this Code;
(6) keep and maintain, in the form of records and receipts, proof of proper disposal of junk.
(f) Prohibited acts. It shall be unlawful for any licensee engaged in the business of junk peddler to:
(1) engage in the business of a pawnbroker, secondhand dealer or pop-up retail user;
(2) park any vehicle used in relation to junk peddling on any residential or business street in violation of Section 9-64-170 of this Code;
(3) or operate any vehicle used in relation to junk peddling in such a manner as to present a danger or hazard to pedestrians and/or other vehicles using the public way. Conduct that may create a hazard includes, but is not limited to, operating a vehicle with unsecured loads or disassembling or discarding items on the public way;
(4) purchase any article from any minor without the written consent of such minor's parent or guardian, which consent shall be signed in the presence of the licensee or the licensee's agent;
(5) purchase any item from a person who (i) appears to be intoxicated or under the influence of any drug; or (ii) is known by the licensee to be a thief or to have been convicted of burglary or theft;
(6) engage in any illegal activity or violate any state law related to stolen goods;
(7) transact business before the hour of 6:00 a..m. or after the hour of 9:00 p.m.;
(8) purchase, collect, transport or dispose of any catalytic converter that is not attached to a motor vehicle, or any portion of a dismantled catalytic converter that is reasonably identifiable as such;
(9) remove any recyclable material from a recycling container located on the public way in violation of Section 11-5-085.
(g) Penalty. In addition to any other penalty provided by law, any person who violates any provision of this section or any rule or regulation 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. In addition, such violation may be punishable as a misdemeanor by incarceration in the county jail for a term of not less than 7 days nor more than 180 days under the procedures set forth in Section 1-2-1.1 of the Illinois Municipal Code and under the provisions of the Illinois Code of Criminal Procedure.
(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, § 61; Amend Coun. J. 5-6-15, p. 108540, § 1; Amend Coun. J. 7-20-16, p. 28694, § 2; Amend Coun. J. 9-20-18, p. 84293, § 2; Amend Coun. J. 4-19-23, p. 62651, § 5)
ARTICLE XVI. DEBT COLLECTORS (4-6-160 et seq.)
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