ARTICLE XVI. DEBT COLLECTORS (4-6-160 et seq.)

4-6-160 Debt collectors.

   (a)   Definitions. As used in this section:

   "Consumer debt" means money, property, or their equivalent, due or owing, or alleged to be due or owing, from a debtor by reason of a consumer credit transaction.

   "Debt collection" means any act or practice in connection with the collection of consumer debt.

   "Debt collector" means any person who in the ordinary course of business, on behalf of himself or others, regularly engages in consumer debt collection. A "debt collector" does not include any person exempt from registration as a debt collector pursuant to Section 2.03 of the Illinois Collection Agency Act, 225 ILCS 425/2.03.

   "Debtor" means any natural person who resides in the city and from whom a debt collector seeks to collect consumer debt.

   (b)   Legal duties. Each licensee engaged in the business of a debt collector shall have the following duties:

      (1)   comply with all applicable state and federal laws and regulations regulating the collection of consumer debt, including, but not limited to, the Fair Debt Collection Act, 15 U.S.C. § 1692, the Illinois Collection Agency Act, 225 ILCS 425/1, and the Consumer Fraud and Deceptive Practices Act, 815 ILCS 505/1.

      (2)   (A)   unless otherwise restricted or prohibited from communicating with the debtor by state or federal law, within five days of the initial communication with a debtor in connection with the collection of consumer debt, a debt collector shall, unless the following information was contained in the initial communication or the debtor has paid the consumer debt, send the debtor a written notice with each of the following disclosures:

            (i)   the amount of the consumer debt;

            (ii)   the name of the creditor to whom the consumer debt is owed;

            (iii)   that, unless the debtor, within 30 days after receipt of the notice, disputes the validity of the consumer debt, or any portion thereof, the debt collector will assume the consumer debt to be valid;

            (iv)   that, if the debtor notifies the debt collector in writing within the 30-day period that the consumer debt, or any portion thereof, is disputed, the debt collector will obtain verification of the consumer debt or a copy of a judgment against the debtor and will mail a copy of the verification or judgment to the debtor;

            (v)   that, upon the debtor's written request within the 30-day period, the debt collector will provide the debtor with the name and address of the original creditor, if different from the current creditor.

   If the disclosures are placed on the back of the notice, the front of the notice shall contain a statement notifying the debtors of the fact.

         (B)   If the debtor notifies the debt collector in writing within the 30-day period set forth in subsection (b)(2)(A) that the consumer debt, or any portion thereof, is disputed or that the debtor requests the name and address of the original creditor, the debt collector shall cease collection of the consumer debt, or any disputed portion thereof, until the debt collector obtains verification of the consumer debt or a copy of a judgment or the name and address of the original creditor and mails a copy of the verification or judgment or name and address of the original creditor to the debtor.

   For purposes of this subsection (b)(2), verification of the consumer debt shall include a statement of account that: (i) itemizes the interest, charges and fees claimed to be owed prior to the charge-off, the original charge-off balance, and the principal balance, if different from the charge-off balance; (ii) itemizes any interest, charges or fees claimed to be owed after the charge-off balance; and (iii) identifies and describes the basis of the debtor's obligation to pay.

      (3)   unless otherwise prohibited by state or federal law, commencing on July 1, 2013, a debt collector shall maintain a separate file, either in electronic or paper format, for each consumer debt that: the debt collector attempts to collect from each debtor, in a manner that is searchable by the name, address and zip code of the debtor and the creditor who originated the consumer debt which the debt collector is seeking to collect. Each file shall contain the following records:

         (i)   a record of all written communications with the debtor; provided that the debt collector shall produce a copy of any written communication with the debtor, in a manner and time, as requested or required by the commissioner;

         (ii)   a record of each payment received from the debtor that states the date of receipt, the method of payment and the consumer debt to which the payment was applied;

         (iii)   a copy of the consumer debt payment schedule or settlement agreement reached with the debtor to pay the consumer debt; and

         (iv)   with regard to any consumer debt that the debt collector has purchased, a record of the name and address of the entity from which the debt collector purchased the consumer debt, the date of the purchase and the amount of the consumer debt at the time of purchase.

   (c)   License revocation – Four-year wait for new license. No person whose debt collector license under this chapter is revoked for any cause shall be granted a license under this section, under the same or different name, for a period of four years from the date of revocation.

   (d)   Regulations. The commissioner shall have the authority to promulgate rules and regulations necessary to implement this section.

   (e)   Violation – Penalty. In addition to any other penalty provided, any person who violates this section or any rule or regulation promulgated hereunder shall be fined not less than $250.00 nor more than $2,500.00 for the first offense and not less than $500.00 nor more than $5,000.00 for a second or any subsequent offense during any 12-month period. Each day that a violation continues shall constitute a separate and distinct offense.

(Added Coun. J. 1-17-13, p. 45326, § 1)

Editor's note – Coun. J. 11-8-12, p. 38872, §§ 62, 63, repealed a former § 4-6-160, which pertained to funeral businesses.

ARTICLE XVII. HOSPITAL (4-6-170 et seq.)

4-6-170 Hospitals.

   (a)   Definitions. As used in this section:

   "Hospital" has the meaning ascribed to the term in Section 85/3 of the Hospital Licensing Act, codified at 210 ILCS 85/1 et seq. Provided, however, that the term "hospital" shall not refer to any facility operated by any federal, state, county or local government or any agency 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 regulated business license to engage in the business of hospital shall be accompanied by the following information:

      (1)   proof that the applicant holds a current and valid license issued by the State of Illinois;

      (2)   a statement setting forth (i) the location or proposed location of the hospital; (ii) the purpose of the hospital; (iii) whether the hospital is for-profit or not-for-profit; (iv) if the hospital is not-for-profit, whether such not-for-profit hospital qualifies for a disproportionate share adjustment consistent with Section 148.120 of Subchapter d of Chapter 1 of Title 89 of the Illinois Administrative Code, as amended, codified at 89 Ill. Adm. Code § 148.120; (v) the nature of the treatment given or proposed to be given at the hospital; and (vi) the name and address of the chief physician or chief executive officer;

      (3)   any other information that may be required by the department or in rules promulgated by the Commissioner of Public Health.

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

      (1)   any applicant or licensee, as applicable, who does not hold a current and valid license issued by the State of Illinois pursuant to the Hospital Licensing Act.

   (d)   Departmental duties – Inspections.

      (1)   The Board of Health may make recommendations to the City Council relating to the construction of new hospital buildings, proposed closings of hospitals, and alterations to buildings now being used as hospitals.

      (2)   The commissioner of health, the fire commissioner, the executive director of emergency management and communications, the commissioner of business affairs and consumer protection and their respective designees are authorized: (1) to inspect, at reasonable hours or in case of an emergency, any hospital licensed or required to be licensed under this chapter for the purpose of determining compliance with the requirements of subsection (e)(6) of this section; and (2) to examine the applicable books and records of any person licensed or required to be licensed under this chapter in order to corroborate the quantities of hazardous chemicals reported or required to be reported by the owner or operator of the facility under Section 11-4-1200.

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

      (1)   comply with the Illinois Hospital Licensing Act and any rules and regulations promulgated thereunder;

      (2)   comply with all applicable building provisions and fire regulations of this Code and with any rules and regulations promulgated thereunder. Failure to comply with such provisions and regulations shall be grounds for license suspension or revocation in accordance with Section 4-4-280;

      (3)   report immediately to the department of police, when a person who is not accompanied by a Chicago police officer, requests treatment for any of the following injuries:

         i.   any injury resulting from the discharge of a firearm;

         ii.   any injury or wound apparently inflicted by any object used as a weapon;

         iii.   any injury sustained in the commission of or as a victim of a criminal offense;

         iv.   any animal or human bite;

         v.   any poisoning;

         vi.   any injury sustained on public property;

         vii.   any injury in which a moving motor vehicle was involved;

         viii.   any injury of any cause where it is evident that death will probably ensue as a direct result thereof, or when death has resulted.

   Provided, however, that the hospital shall not be responsible for an inaccurate report if such report is based on inaccurate information provided by the patient or a person accompanying the patient.

      (4)   Upon reporting a rape, an attempted rape or other felonious sex crime to the police, take the following actions:

         (a)   The victim shall be taken to the nearest hospital designated for the comprehensive emergency treatment of patients as defined in the Illinois Hospital Licensing Act and approved by the Commissioner of Public Health;

         (b)   The victim shall be taken into the hospital through an entrance appropriate to the maintenance of privacy;

         (c)   The victim shall receive an immediate preliminary physical examination by the attending physician to identify and treat any emergencies other than the rape, such as fractures, knife wounds, contusions or lacerations;

         (d)   The consenting victim will be interviewed by a trained hospital staff member in a private setting. The hospital staff member will evaluate and counsel the victim and advise follow-up care for the victim, either through the receiving hospital or through the appropriate outside agencies;

         (e)   The hospital staff member, with consent of the victim, will remain with the victim during the preliminary police investigation primarily to provide support to the victim and to also assist the police in obtaining information needed to properly carry out their investigation;

         (f)   During this period, the name of the victim and the circumstances attendant to the incident will not be publicized by the hospital, the police department or any other agency. The hospital staff member will so inform the victim;

         (g)   The consenting victim will be examined by a qualified medical professional who will fill out a prescribed form detailing the time, date, place and findings of the examination, and note the location of any contusions, abrasions, bruises and lacerations;

         (h)   With the victim's written consent, a copy of the prescribed form will be furnished to the appropriate investigating police officer, the State's Attorney, and the venereal disease section of the Department of Public Health when appropriate. Within seven days the form will be typewritten, signed by the examining medical professional and furnished upon request to the aforementioned agencies;

         (i)   The consenting victim will be furnished with anticonception and antivenereal disease treatment, unless contraindicated for medical reasons;

         (j)   The comprehensive hospital will accept any alleged victim who appears without police assistance. Such hospitals will continue to notify the police department in accordance with the requirements set forth in subsection (e)(3) of this section. The hospital will then follow the procedure heretofore enumerated;

      (5)   report to the department of health, as such department may require from time to time in rules and regulations duly promulgated by the commissioner of health. All such reports shall be furnished to the department of health on forms prepared by such department and the truthfulness and accuracy of the contents thereof shall be verified and signed by the chief physician or administrator of the applicable hospital;

      (6)   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 hospital, if such chemical is present at the hospital 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 Section 4-4-280 of this Code;

      (7)   upon request, to make the records required under 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.

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

      (1)   deny to any person admission or treatment on account of such person's race, color, creed, national origin or ancestry. The requirements of this subsection shall apply to the licensed hospital, as well as to it employees and agents.

   (g)   Rules.

      (1)   Pursuant to Section 2-112-070, the Commissioner of Public Health may adopt and enforce rules relating to the operation and conduct of hospitals licensed under this chapter. Pursuant to Section 2-112-110, the Commissioner of Public Health shall enforce all rules relating to the operation of hospitals promulgated by any federal, state, or local authority with the power to make such rules.

      (2)   The Commissioner of Public Health shall adopt and publish rules regarding facilities rendering care and services in maternity, perinatal, and neonatal cases. Such rules shall comply with all applicable State of Illinois laws and rules and regulations regarding maternity care, and with the guidelines established by the American Academy of Obstetricians and Gynecologists (A.A.O.G.) for perinatal care.

      (3)   The Commissioner of Public Health shall adopt and publish rules regarding the reporting of trauma care cases to the Department of Public Health.

((Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 11-8-12, p. 38872, § 64; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 12; Amend Coun. J. 2-24-21, p. 27657, Art. III, § 8)

ARTICLE XVIII. HOTEL (4-6-180 et seq.)

4-6-180 Hotel.

   (a)   Definitions. As used in this section:

   "Anti-sexual harassment policy" means the written policy required under subsection (e)(2) of this section.

   "Business day" means those days in which municipal offices are open for conducting City business. A "business day" does not include Saturday, Sunday or the holidays listed in Section 2-152-090.

   "Dwelling unit" has the meaning ascribed to that term in Section 17-17-0248.

   "Employee(s)" means any natural person who works full time or part time at a hotel for or under the direction of the licensee or any subcontractor of the licensee for wages or salary or remuneration of any type under a contract or subcontract of employment, whether express or implied.

   "Guest" means any invitee to a hotel, including registered guests, persons occupying guest rooms with registered guests, visitors invited to guest rooms by a registered guest or other occupant of a guest room, persons patronizing food or beverage facilities provided by the hotel, or any other person whose presence at the hotel is permitted by the licensee. The term "guest" does not include employees.

   "Guest room" means any room made available by a hotel for overnight occupancy by guests.

   "Hotel" means any building or structure kept, used, maintained as, advertised or held out to the public to be an inn, hotel, motel, family hotel, apartment hotel, lodging house, dormitory or other place, where sleeping or rooming accommodations are furnished, used or maintained for hire or rent for the accommodation of guests, lodgers or roomers, and in which seven or more sleeping rooms, in any combination on one or more floors of such building or structure, are not intermingled on any given floor with dwelling units owned by persons other than the hotel. The term "hotel" shall not include "single-room occupancy buildings", "bed-and-breakfast establishments", "vacation rentals" or "shared housing units" licensed or registered, or required to be licensed or registered, by the city.

   "Laid-off employee" means an employee: (1) who had a length of service with a licensee of six months or more in the twelve months preceding their most recent separation from active service; (2) who performed, in a particular workweek, at least two hours of work within the city for that licensee; and (3) whose most recent separation from active service from that licensee occurred on or after January 31, 2020, as a result of a nondisciplinary reason.

   "Licensee" has the meaning ascribed to that term in Section 4-4-005.

   "Panic button" or "notification device" means a portable emergency contact device that is designed so that an employee can quickly and easily activate such button or device to effectively summon to the employee's location prompt assistance by a hotel security officer, manager or other appropriate hotel staff member designated by the licensee.

   "Platform" has the meaning ascribed to that term in Section 4-13-100.

   "Restroom" means any room equipped with toilets.

   "Sexual harassment" means any (i) unwelcome sexual advances or unwelcome conduct of a sexual nature; or (ii) request for sexual favors when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, or (2) submission to or rejection of such conduct by an individual is used as the basis for any employment decision affecting the individual, or (3) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment; or (iii) sexual misconduct, which means any behavior of a sexual nature which also involves coercion, abuse of authority, or misuse of an individual's employment position.

   (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 hotel shall be accompanied by the following information:

      (1)   A statement as to whether, within ten years prior to 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 any forcible felony, as defined in Section 2-8 of the Criminal Code of 1961, codified at 720 ILCS 5/1-1.

      (2)   A statement verifying the functional presence of an Automated External Defibrillator (AED) as defined in 410 ILCS 4/10, et seq. (The Automated External Defibrillator Act) in each Hotel as required under Chapter 7-52 of the Municipal Code of Chicago entitled the Hotel AED Ordinance.

   It is a condition of the license that all information in the application be kept current. Any change in required information shall be reported to the department in accordance with Section 4-4-050(b).

   (c)   License issuance and renewal – Prohibited when. No regulated business license to engage in the business of hotel shall be issued to any applicant or licensee, as applicable, who, within ten 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 any forcible felony, as defined in Section 2-8 of the Criminal Code of 1961, codified at 720 ILCS 5/1-1, 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 Department of Buildings shall inspect each licensed hotel at least twice every year. Such inspection shall verify that the premises comply in all respects with the ventilation, sanitary, fire prevention and building provisions of this Code and the laws of the State of Illinois pertaining to such establishments. If, within the 12-month period prior to the date of any such bi-annual inspection, the hotel was inspected by the Department of Buildings in connection with a periodic inspection, code compliance inspection or certificate of occupancy, such inspection shall be deemed to meet the inspection requirement set forth herein. The Department of Health, Fire Department and Department of Buildings are authorized to conduct such additional inspections as they deem necessary to maintain health and safety.

      (2)   The Superintendent of Police shall, when making a report relative to criminal activity on or immediately adjacent to the licensed establishment (1) conduct an investigation to determine whether a public nuisance within the meaning of subsection (f)(2) of this section occurred at the establishment or on immediately adjacent property; and (2) prepare a written investigative report summarizing the findings of such investigation and recommending appropriate legal and administrative action which may be taken in response to such public nuisance, including, but not limited to, license suspension or revocation; and (3) transmit the investigative report, within 48 hours of the incident identified in the police report, to the Commissioner of Business Affairs and Consumer Protection and Corporation Counsel for further action as warranted. Upon request by any alderman or City Council committee, the Corporation Counsel shall make the report submitted pursuant to this subsection available to such alderman or city Council Committee for review.

      (3)   Investigations to enforce the provisions of subsection (e) of this section may be conducted, as appropriate, by the Department of Business Affairs and Consumer Protection or Chicago Commission on Human Relations ("CCHR"). Investigations to enforce subsection (f)(3) of this section shall be conducted by CCHR.

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

      (1)   equip employees who are assigned to clean or to inventory, inspect or restock supplies in a guest room or restroom, under circumstances where no other employee is present in such room, with a panic button or notification device. The employee may use the panic button or notification device to summon help if the employee reasonably believes that an ongoing crime, sexual harassment, sexual assault or other emergency is occurring in the employee’s presence. Panic buttons and notification devices shall be provided by the licensee at no cost to the employee;

Editor’s note – Pursuant to Coun. J. 10-11-17, p. 57510, § 4, subsection (e)(1) shall take full force and effect on July 1, 2018.

      (2)   develop, maintain and comply with a written anti-sexual harassment policy to protect employees against sexual assault and sexual harassment by guests. Such policy shall: (a) encourage employees ("complaining employee") to immediately report to the licensee instances of alleged sexual assault and sexual harassment by guests ("offending guest"); (b) describe the procedures that the complaining employee and licensee shall follow in such cases; (c) instruct the complaining employee to cease work and to leave the immediate area where danger is perceived until hotel security personnel or members of the Police Department arrive to provide assistance; (d) offer temporary work assignments to the complaining employee during the duration of the offending guest's stay at the hotel, which may include assigning the employee to work on a different floor or at a different station or work area away from the offending guest; (e) provide the complaining employee with necessary paid time off to: (i) sign a complaint with the Police Department against the offending guest, and (ii) testify as a witness at any legal proceeding that may ensue as a result of such complaint, if the complaining employee is still in the licensee's employ at the time such legal proceeding occurs; (f) inform the employee that the Illinois Human Rights Act, Chicago Human Rights Ordinance and Title VII of the Civil Rights Act of 1964 provide additional protections against sexual harassment in the workplace; and (g) inform the employee that subsection (f)(3) of this section makes it illegal for an employer to retaliate against any employee who reasonably uses a panic button or notification device, or in good faith avails himself or herself of the requirements set forth in subsection (e)(2)(c), (e)(2)(d), (e)(2)(e) of this subsection, or discloses, reports or testifies about any violation of this section or rules promulgated thereunder. Nothing in this subsection (e)(2) shall be construed to relieve the licensee from compliance with Section 4-4-306; and

      (3)   provide all employees with a current copy in English, Spanish, and Polish of the hotel's anti-sexual harassment policy required by subsection (e)(2), and post such policy in English, Spanish, and Polish in conspicuous places in areas of the hotel, such as supply rooms or employee lunch rooms, where employees can reasonably be expected to see it. This policy shall be in addition to the written policy document prohibiting sexual harassment required by Section 6-10-040.

      (4)   if the hotel is listed on any platform:

         (i)   not to list, or permit any person to list, the hotel or any guest room on such platform unless the listing includes the hotel's license number;

         (ii)   not to rent, or permit any person to rent, and not to book for future rental, or allow any person to book for future rental, the hotel or any guest room unless the hotel is properly licensed by the department;

      (5)   comply with all applicable federal, state and local laws and regulations regarding the collection and payment of taxes, including but not limited to the Chicago Hotel Accommodation Tax Ordinance, Chapter 3-24 of this Code (where applicable).

      (6)   follow the following procedures when engaging in hiring after laying off employees:

         (A)   A licensee shall offer its Laid-Off Employees all job positions for which the Laid-Off Employees are qualified prior to offering those job positions to others.

            (i)   The offer shall be in writing by registered mail to the Laid-Off Employee's last known physical address, and by email and text message to the extent the licensee possesses such information.

            (ii)   A Laid-Off Employee is Qualified for a position if the Laid-Off Employee: (I) held the same or similar position at the hotel at the time of the Laid-Off Employee's most recent separation from active service with the licensee: or (II) is within the same division or department of the hotel and can meet the job requirements for the position with the same training that would be provided to a new employee hired into that position.

            (iii)   Job positions shall be offered to Laid-Off Employees in an order of preference that corresponds to subsection (e)(6)(A)(ii) above, that is with preference to Laid-Off Employees who are Qualified under (I) first, and then (II). Where more than one Laid-Off Employee is entitled to preference for a position, the licensee shall offer the position to the Laid-Off Employee with the greatest length of service to the Hotel.

            (iv)   A Laid-Off Employee who is offered a position pursuant to this section shall be given no less than five business days from the date of receipt of the offer in which to accept or decline the offer. A licensee may make simultaneous, conditional offers of employment to Laid-Off Employees, with final offer of employment conditioned on application of the priority system set forth in subsection (e)(6)(A)(ii) above.

         (B)   A licensee that declines to offer a Laid-Off Employee a job position because of the Laid-Off Employee's lack of qualifications and instead hires someone other than a Laid-Off Employee shall provide the Laid-Off Employee a written notice within thirty days identifying all reasons for such decision.

\         (C)   The requirements of this subsection (e)(6) also apply when:

            (i)   the licensee changed after the separation from employment of a Laid-Off Employee, but the hotel is conducting the same or similar operations as before January 31, 2020;

            (ii)   the form of organization of the licensee changed after January 31, 2020;

            (iii)   the licensee relocates the operations at which a Laid-Off Employee was employed before January 31, 2020, to a different location within the City; or

            (iv)   any combination of the circumstances described in parts (i) through (iii).

         (D)   It shall be unlawful for any licensee to discriminate in any manner or take any adverse action against any employee in retaliation for exercising any right under this subsection (e)(6), including, but not limited to, seeking to enforce rights under this subsection (e)(6), participating in proceedings related to this subsection (e)(6), opposing any practice proscribed by this chapter, disclosing, reporting, or testifying about any violation, or good faith belief of a violation, of this chapter or rules promulgated thereunder.

         (E)   Nothing in this subsection (e)(6) shall be deemed to interfere with, impede, or in any way diminish the right of employees to bargain collectively with licensees through representatives of their own choosing in order to establish employment arrangements in excess of the applicable minimum standards of this subsection (e)(6). The requirements of this subsection (e)(6) may be waived in a bona fide collective bargaining agreement, but only if the waiver is set forth explicitly in such agreement in clear and unambiguous terms.

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

      (1)   (i) rent any sleeping room by the hour or for any period of fewer than ten consecutive hours; or (ii) rent any sleeping room more than once within any consecutive ten hour period measured from the commencement of one rental to the commencement of the next; or (iii) advertise an hourly rate or any other rate for a sleeping room based on a rental period of fewer than ten consecutive hours. Provided, however, that clauses (i) and (ii) shall not apply to any hotel that is located within the central area as defined in Section 10-32-220(1) of this Code, or within three miles of property used for airport purposes at the Chicago O'Hare International Airport, Midway Airport or within 1.5 miles of the McCormick Place complex. Any person who violates any requirement of this subsection 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)   knowingly permit prostitution, pimping, gambling or illegal possession or delivery of, or trafficking in, controlled substances or other drugs, including cannabis, to occur on or immediately adjacent to the licensed establishment; or to fail to discover such illegal acts on or immediately adjacent to the licensed establishment under circumstances in which a reasonable person, exercising ordinary care and diligence, would infer that such activity is taking place; or to fail to report to the police in a timely manner any criminal activity occurring on or immediately adjacent to the licensed establishment, if such criminal activity is observed by or reported to the licensee. Provided, however, that it shall be an affirmative defense to any prosecution under this subsection if the licensee immediately notified the police of the public nuisance occurring on or immediately adjacent to the licensed establishment. For purposes of this subsection, the term "licensee" also includes employees and agents of the licensee. Nothing in this section shall be construed to prohibit or regulate any conduct authorized by the Illinois Gambling Act, or the Sports Wagering Act, each as in effect on May 4, 2022.

      (3)   retaliate against any employee for: (i) reasonably using a panic button or notification device, or (ii) availing himself or herself of the requirements set forth in subsection (e)(2)(c), (e)(2)(d) or (e)(2)(e) of this section, or (iii) disclosing, reporting, or testifying about any violation of this section or any rule promulgated thereunder. Any complaint alleging a violation of this subsection (f)(3) shall be filed by the aggrieved party with the Chicago Commission on Human Relations ("CCHR") no later than 300 days after the occurrence of the alleged violation and in accordance with rules duly promulgated by the Commissioner of CCHR. Two or more adjudged violations of this subsection (f)(3) within any 12-month period may result in license suspension or revocation in accordance with Section 4-4-280. Provided, however, that: (A) the subject matter of any such disciplinary hearing or proceeding under Section 4-4-280 shall be limited to the issue of whether the required number of adjudged violations of this subsection (f)(3) occurred within any 12-month period; (B) the licensee shall not be permitted at such disciplinary hearing or proceeding to challenge the adjudged violations themselves, nor any underlying facts asserted or determined therein; and (C) no fines shall be imposed on the licensee as a result of such disciplinary hearing or proceeding under Section 4-4-280.

   (g)   Penalties.

      (1)   Except as otherwise provided in subsection (f)(3)(C) of this section, and in addition to any other penalty provided by law, any person who violates this section or any rule promulgated thereunder 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.

      (2)   If a regulated business license to engage in the business of hotel is revoked for cause, no license shall be granted to any person for the operation of a hotel at the premises described in the revocation order for a period of one year from the date of revocation. Provided, however, that this subsection shall not apply to any hotel located within the City's Central Business District, as defined in Section 9-4-010 of this Code; or within three miles of property used for airport purposes at the Chicago O'Hare International Airport; or within the McCormick Place complex.

      (3)   For violations of subsection (e)(6) of this section:

         (A)   Prior to initiating a civil action, a Laid-Off Employee who believes that the licensee is in violation of subsection (e)(6) must provide the licensee with written notice of, and an opportunity to correct, that alleged violation. The Laid-Off Employee may provide such notice directly to the licensee. The licensee shall have fifteen days from the issuance of a written notice to correct any violation.

         (B)   If the licensee has not corrected an alleged violation within the above-referenced fifteen-day period, the Laid-Off Employee may initiate a civil action to enforce this subsection. A Laid-Off Employee shall be entitled to all remedies available under the law or in equity appropriate to remedy such violation. If the complainant prevails in a legal action against the licensee, the court may award reasonable attorney's fees, expert witness fees, and costs as part of the judgment.

         (C)   If it is established that a Laid-Off Employee exercised rights under subsection (e)(6), and the licensee thereafter refused to employ, terminated, demoted, or otherwise took adverse action against the employee, and that action took place within sixty days after such exercise, then a rebuttable presumption shall arise that the licensee's action was taken violation of subsection (e)(6). The licensee must prove that the reason for the adverse action was a legitimate business reason. The alleging party may rebut the licensee's asserted legitimate business reason by showing that it was, in fact, a pretext.

   (h)   Rules. The Commissioner shall have the authority to promulgate rules necessary or appropriate to implement this section.

   (i)   Subsection (e)(6) of this section shall self-repeal without further action of the City Council on December 31, 2023.

(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, § 65; Amend Coun. J. 6-22-16, p. 27712, § 5; Amend Coun. J. 2-22-17, p. 43916, Art. VIII, § 5; Amend Coun. J. 10-11-17, p. 55898, § 1; Amend Coun. J. 10-11-17, p. 57510, § 1; Amend Coun. J. 6-27-18, p. 80805, § 1; Amend Coun. J. 12-12-18, p. 93551, § 3; Amend Coun. J. 9-9-20, p. 20269, § 2; Amend Coun. J. 3-24-21, p. 28843, § 1; Amend Coun. J. 6-25-21, p. 31925, Art. V, § 3; Amend Coun. J. 6-25-21, p. 32150, § 2; Amend Coun. J. 4-27-22, p. 46382, § 18; Amend Coun. J. 5-25-22, p. 48413, § 3; Amend Coun. J. 4-19-23, p. 62651, § 6)

ARTICLE XIX. BOARD-UP COMPANY (4-6-190 et seq.)