ARTICLE XXI. HAZARDOUS MATERIALS (4-6-210 et seq.)

4-6-210 Hazardous materials.

   (a)   Definitions. As used in this section:

   "Hazardous material(s)" means:

      (1)   Use or maintenance of any hazardous material for which a license is required under Section 15-4-130;

      (2)   Use or maintenance of acetylene gas for which a license is required under Section 15-4-160(a);

      (3)   Use or maintenance of acetylene gas for which a license is required under Section 15-4-160(b);

      (4)   Use or maintenance of calcium carbide for which a license is required under Section 15-4-160(c);

      (5)   Use or maintenance of flammable liquids for which a license is required under Section 15-4-210;

      (6)   Use or maintenance of liquefied fume hazard gases for which a license is required under Section 15-4-230;

      (7)   Use or maintenance of oxygen or hydrogen for which a license is required under Section 15-4-240;

      (8)   Use or maintenance of nitrocellulose products for which a license is required under Section 15-4-250;

      (9)   Use or maintenance of a lumberyard or lumber storehouse for which a license is required under Section 15-4-252;

      (10)   Use or maintenance of sawdust, shavings, excelsior or other similar flammable materials for which a license is required under Section 15-4-254;

      (11)   Use or maintenance of solid fuel for which a license is required under Section 15-4-256 or Section 15-4-257;

      (12)   Use or maintenance of fuel oil for which a license is required under Section 15-4-258 or Section 15-4-259; or

      (13)   The business of extermination by fumigation as defined in Section 7-44-010.

   (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 use or maintain any hazardous material in connection with any place of business shall be accompanied by the following information:

      (1)   the location where the hazardous material(s) will be used or stored;

      (2)   the chemical name or common name of such hazardous material(s);

      (3)   the maximum aggregate quantity of the hazardous material(s) to be stored for use at each location identified pursuant to subsection (b)(1) of this section;

      (4)   a description of (i) the applicable business, (ii) the location and capacity of all containers or tanks that will be used to store any hazardous material(s); and (iii) all vehicles used in connection with the business; and

      (5)   any other information that the fire commissioner, commissioner of health, executive director of emergency management and communications or commissioner of business affairs and consumer protection may require to implement the requirements of this section.

   (c)   Departmental duties – Inspections.

      (1)   Before any initial license is issued under this section, and, thereafter, as often as the fire commissioner deems necessary, the fire commissioner shall investigate, or cause to be investigated, (i) the place of business described in the license application, (ii) all containers, tanks and buildings where any hazardous material(s) will be stored, (iii) all vehicles that will be used in connection with the business; and (iv) the methods and equipment that will be used in connection with the business, to determine whether such places, equipment or methods are in compliance with the fire prevention provisions of this Code.

      (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: (i) to inspect, at reasonable hours or in case of an emergency, any place of business using or maintaining any hazardous material(s) for the purpose of determining compliance with the requirements of this section; (ii) to examine the applicable books and records of such place of business to corroborate the quantities of hazardous chemicals reported or required to be reported by the owner or operator of such place of business under Section 11-4-1200; and (iii) to enforce the requirements of this section.

   (d)   License issuance and renewal – Prohibited when. No regulated business license to use or maintain any hazardous material in connection with any place of business shall be issued to the following persons:

      (1)   any applicant or licensee, as applicable, unless, in the case of an initial license application only, the fire commissioner has conducted or caused to be conducted an inspection meeting the requirements set forth in subsection (c)(1) of this section.

   (e)   Legal duties. Each licensee that uses or maintains any hazardous material in connection with such licensee's business shall have a duty to:

      (1)   notify the fire commissioner, within seven days of discontinuing the use or maintenance of any hazardous material(s) in quantities sufficient to require a license under this section, of the fact of such discontinuation. The notice required under this subsection shall be in the form of a verified written statement, signed by the licensee or the licensee's agent, attesting to the fact that the licensee is no longer using such hazardous material(s) in quantities sufficient to require a license under this section;

      (2)   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 licensee's business, if such chemical is present at the business 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 suspension or revocation of all licenses held by such licensee in accordance with Section 4-4-280 of this Code;

      (3)   upon request by any authorized city official, to make available for inspection by such city official, during regular business hours or in case of emergency, the records required to be kept and maintained under subsection (e)(2) of this section.

   (f)   Prohibited acts. It shall be unlawful for any licensee that uses or maintains any hazardous material in connection with such licensee's business to:

      (1)   fail to comply with the requirements set forth in Section 11-4-1200 of this Code, if applicable.

(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 11-8-12, p. 38872, § 68; Amend Coun. J. 5-18-16, p. 24131, § 9)

ARTICLE XXII. SINGLE-ROOM OCCUPANCY BUILDING (4-6-220 et seq.)

4-6-220 Single-room occupancy building.

   (a)   Definitions. As used in this section:

   "Single-room occupancy building" has the meaning ascribed to the term "single-room occupancy" in Section 17-17-02163.

   "Transient occupancy" means occupancy by any person on a daily or nightly basis or any part thereof for a period of 31 or fewer consecutive days.

   (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 single-room occupancy building shall be accompanied by the following information:

      (1)   whether transient occupancy will be allowed in the single-room occupancy building; and if so, the number and location of the units within the building that will be available for transient occupancy.

   (c)   Departmental duties.

      (1)   Each building operated and maintained, in whole or in part, as a single-room occupancy building shall be inspected annually either by the building commissioner or the fire commissioner, or their respective designees, pursuant to a coordinated inspection schedule. In addition, it shall be the responsibility of the commissioner of health or the commissioner’s designee to inspect those units in a single-room occupancy building, if any, that are maintained for transient occupancy. If, within the 12-month period prior to the date of any inspection required under this subsection, the single-room occupancy building was inspected either by the department of buildings or fire department 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 herein and in subsection (d)(l). The buildings department, fire department and department of health are authorized to conduct such additional inspections as they deem necessary to maintain health and safety.

      (2)   Except as otherwise provided in Section 14A-6-601.1.5, the inspection fee for single-room occupancy buildings shall be assessed only once within any 12-month period.

   (d)   License issuance and renewal – Prohibited when. No regulated business license to engage in the business of single-room occupancy building shall be issued to the following persons:

      (1)   any applicant or licensee, as applicable, unless either the building commissioner or fire commissioner, or their respective designees, have conducted an annual inspection of the single-room occupancy building and determined that the premises comply with all building, fire prevention and sanitary provisions of this Code;

      (2)   if any unit(s) in the single-room occupancy building will be used for transient occupancy, any applicant or licensee, as applicable, unless the commissioner of health or the commissioner's designee has inspected such unit(s) and determined that such unit(s) comply with all building, fire prevention and sanitary provisions of this Code.

   (e)   Legal duties. Each licensee engaged in the business of single-room occupancy building shall have a duty to:

      (1)   maintain on an annual basis written records identifying (i) the name(s) of the occupant(s) of each unit residing within the building; and (ii) the date(s) of tenancy of each such occupant;

      (2)   upon request by any authorized city official, to make the records required under subsection (e)(1) of this section available for inspection by such authorized city official;

      (3)   include the words "Single-Room Occupancy" or the abbreviation "SRO" in the business name or identification of the single-room occupancy building. Such business name or identification may include the word "Hotel" if the other requirements of this subsection (e)(3) are also met.

(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 2-22-17, p. 43916, Art. VIII, § 6; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 20)

ARTICLE XXIII. BOOTING OF MOTOR VEHICLES (4-6-230 et seq.)

4-6-230 Booting of motor vehicles.

   (a)   Definitions. As used in this section:

   "Boot" or "booting" or "booting operation(s)" means the act of placing on a parked motor vehicle any mechanical device that is designed to be attached to a wheel or tire or other part of such vehicle so as to prohibit the vehicle's usual manner of movement.

   "Motor vehicle" means every vehicle which is propelled by a motor.

   (b)   (1)   License required. No person shall engage in the business of booting without first having obtained a license under this section.

      (2)   Registration – Separate registration fee – Required. A separate registration, and payment of a separate one-time registration fee of $100.00, shall be required for each location where a licensee conducts booting operations. Prior to engaging in booting operations at any location, the licensee shall register such location with the department. Such registration shall include: (i) the licensee's name and license number; (ii) the address of the location where booting operations will be conducted; (iii) the name, address and telephone number of the owner of the property where booting operations will be conducted; (iv) a copy of the written agreement authorizing booting locations at that location, as required under subsection (f)(2) of this section; (v) payment of the registration fee required under this subsection (b)(2); and (vi) any other information that the Commissioner may reasonably require to enforce this section. The information contained in each such registration shall be kept current by the licensee. If a licensee discontinues booting operations at any location registered with the department, the licensee shall notify the department of such fact within 10 business days of the date of such discontinuation.

      (3)   Exemptions. The requirements of this section shall not apply to the booting of a motor vehicle by the City of Chicago or any other governmental entity, or to any person acting under the direction of the City of Chicago or any other governmental entity, when booting of a motor vehicle is authorized by any law or any rule promulgated thereunder.

   (c)   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 booting shall be accompanied by the following information:

      (1)   proof of commercial general liability insurance, as required under subsection (f)(1) of this section;

      (2)   a statement as to whether, within three years of the date of application or renewal, (i) the applicant, or (ii) any employee or agent of the applicant who physically installs or removes booting devices or receives payment for removing booting devices, 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 of any type (other than a minor cannabis offense);

      (3)   an accurate list of all locations where the licensee conducts booting Operations;

      (4)   a toll-free 24-hour telephone hotline meeting the requirements of paragraph (15) of subsection (f) of this section.

   (d)   Departmental duties. The Commissioner shall notify the Superintendent of Police and district police commanders within the affected service area of all licenses issued under this section.

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

      (1)   any applicant or licensee, as applicable, if, within three years of the date of application or renewal, (i) such applicant or licensee, or (ii) any employee or agent of such applicant or licensee who physically installs or removes booting devices or receives payment for removing booting devices, 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 of any type (other than a minor cannabis offense), unless, upon request of such person, the Commissioner determines that such person has been substantially rehabilitated to warrant the public trust. The burden of proof of substantial rehabilitation shall be on the person seeking such rehabilitation.

      (2)   any applicant or licensee, as applicable, who is found liable of misrepresenting or falsifying his or her criminal history or that of any employee or agent within the meaning of subsection (e)(1) of this section.

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

      (1)   maintain in full force and effect at all times throughout the duration of the license period commercial general liability insurance, with limits of not less than $1,000,000.00 per occurrence, for bodily injury, personal injury and property damage, arising in any way from the issuance of a license or activities conducted pursuant to the license. The policy of insurance required under this subsection shall: (i) be issued by an insurer authorized to insure in the State of Illinois; (ii) name the City of Chicago as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the licensee's operations; and (iii) include a provision requiring 30 days' advance notice to the commissioner prior to cancellation or lapse of the policy. Proof of insurance shall be kept on the licensed premises, and, upon request by any authorized city official, shall be made available for inspection by such authorized city official;

      (2)   conduct booting operations exclusively on private property, and only pursuant to a written agreement with the owner or manager of the property;

      (3)   post signs, no fewer than 14 days prior to the commencement of a booting operation at each location where a booting operation will be conducted. Such signs shall be at least 24 inches in height and 36 inches in width, and shall contain the following information: (i) the date upon which a booting operation shall commence; (ii) the terms of use of the subject property; (iii) the fee for removing a boot; (iv) the licensee’s name and address, and 24-hour telephone hotline meeting the requirements of paragraph (15) of this subsection (f); (v) the name and telephone number of the owner or manager of the property where booting operations are being conducted; and (vi) a statement notifying consumers of their rights under this section using text provided by the department. The signs required under this paragraph (3) shall be: (a) conspicuously posted as close as physically possible at each vehicle entry point to, and at each vehicle exit point from, the property where booting operations are being conducted; (b) posted in a place and manner such that the signs are not obstructed from plain view by parked vehicles or foliage; and (c) maintained, and remain in place, as long as booting operations are being conducted at such location;

      (4)   remove, upon discontinuation of booting operations at a property, the signs required under subsection (f)(3) of this section. The licensee, the property owner and the property manager shall be jointly and severally liable for any violation of this subsection;

      (5)   station, at each location where a licensee conducts booting operations, at least one employee or agent to install and remove boots and to receive payments of any fees assessed pursuant to paragraph (10) of this section. Each such employee or agent shall: (i) wear a uniform, which may consist of a coat or vest, that: (a) includes the licensed company's name, (b) includes the employee's or agent's name, as applicable, and (c) clearly identifies such person as an employee or agent of the licensee; (ii) wear, in a conspicuous manner, an identification placard clearly displaying the name of such employee or agent, and displaying the name, address and telephone number of the licensee; and (iii) carry, on his or her person, a copy of the license issued under this section. Prior to leaving the location where booting operations are conducted, the employee or agent stationed at the location shall remove all boots from vehicles at that location;

      (6)   place on the windshield of every vehicle that is booted a copy of the "Consumer Bill of Rights", using text provided by the department, and to make copies of this document available to persons upon request;

      (7)   keep copies of the "Consumer Bill of Rights" at the licensed premises and, upon request by any person, to make copies of this document available to such person;

      (8)   maintain sufficient copies of this Section 4-6-230 for distribution to any person requesting a copy of this ordinance;

      (9)   immediately remove a boot from any motor vehicle, at no charge, if the owner of the motor vehicle returns prior to complete attachment of the boot;

      (10)   have available means of collecting any fees, via cash and credit card, at each and every location where a booting operation is conducted;

      (11)   notify the Chicago Police Department of any booted vehicle that remains in a lot or garage for over 24 hours;

      (12)   maintain at the licensee's place of business minimum business hours of 9:00 a.m. to 5:00 p.m., Monday through Friday;

      (13)   provide the owner of a booted vehicle with a legible receipt, which shall indicate: (i) the date and time the boot was placed on the vehicle; (ii) the date and time the owner returned to the vehicle; and (iii) the date and time the boot was removed from the vehicle. Such receipt shall include the name of the person who installed the boot and shall clearly state that the owner has the option to pay any fees assessed in connection with the booting operation by credit card. The licensee shall keep on file at the licensed premises, for a period of at least three years from the date of its issuance, a copy of the receipts required to be provided under this paragraph (13), and, upon request by any authorized city official, shall make a copy of such receipt(s) available for inspection by such authorized city official;

      (14)   prior to authorizing any manager, employee or agent of the licensee to physically install or remove any booting device: (i) provide such manager, employee or agent with formal training to facilitate compliance with this section; (ii) as part of the formal training, explicitly instruct such managers, employees or agents that they must immediately remove a boot from any vehicle, at no charge, if the owner of the motor vehicle returns prior to complete attachment of the boot; and (iii) upon completion of such formal training, require the applicable manager, employee or agent to sign and date a certification statement indicating: (a) the date on which, and location at which, the formal training required under this subsection (f)(14) occurred; and (b) acknowledging that such formal training included instructions to immediately remove a boot from any vehicle, at no charge, if the owner of the motor vehicle returns prior to complete attachment of the boot. The licensee shall: (A) keep a copy of each signed certification provided pursuant to this subsection on file at all times that any manager, employee or agent is authorized to physically install or remove any booting device and for an additional period of three years after the termination or lapse of any such authorization; and (B) upon request by any authorized city official, make a copy of any such signed certification available for inspection by such authorized city official; and

      (15)   establish and maintain a toll-free 24-hour telephone hotline for answering questions, and for receiving and responding to complaints, from any person ("the caller") in connection with booting operations under this section. The telephone hotline shall be adequately staffed at all times by trained live operators, which may include the licensee, the licensee's agent or an answering service. All incoming calls received using the telephone hotline shall be logged and recorded, and the caller shall be notified of such fact by the trained live operator at the time the telephone call is answered. The licensee shall retain such log and recordings on file for a period of at least 12 months from the date the log entry and recording is made. The log entry shall include the following information: (1) the name and contact information of the caller; (2) the date and time the call was received; (3) the licensee's response to the call; and (4) any other information reasonably required by the Commissioner in duly promulgated rules. Upon request by any authorized city official, the licensee shall make such log and recordings available for inspection by such authorized city official. If the telephone hotline number is changed, the licensee shall immediately notify the Commissioner of such fact.

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

      (1)   provide booting services at any property at which any person having a beneficial interest in the licensee also has a beneficial interest in the subject property;

      (2)   place a boot upon any occupied motor vehicle or upon any motor vehicle parked in accordance with the terms of use for the subject property;

      (3)   assess a fee in excess of $170.00 to remove a boot;

      (4)   use any boot of a color prohibited by the commissioner in duly promulgated rules and regulations. The commissioner may prohibit any color which might be confused with a boot used by the City as part of the City's vehicle immobilization program; and

      (5)   engage in booting operations at any location that is outside the 2nd Ward, 6th Ward, 9th Ward, 10th Ward, 11th Ward, 12th Ward, 15th Ward, 16th Ward, 21st Ward, 22nd Ward, 23rd Ward, 24th Ward, 26th Ward, 27th Ward, 28th Ward, 29th Ward, 30th Ward, 31st Ward, 32nd Ward, 34th Ward, 35th Ward, 36th Ward, 37th Ward, 38th Ward, 40th Ward, 42nd Ward, 43rd Ward, 44th Ward, 45th Ward, 46th Ward, 47th Ward, or 48th Ward, all bounded as provided in Article III of Chapter 2-8 of the Code.

   (h)   Violation – Penalty. 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 $1,000.00 nor more than $2,000.00 for each violation. Any licensee who violates this section two times at one location within any 180-day period shall be prohibited from conducting booting operations at that location for a period of one week. 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, § 69; Amend Coun. J. 4-10-13, p. 51200, § 1; Amend Coun. J. 11-26-13, p. 68766, § 1; Amend Coun. J. 6-25-14, p. 83687, § 1; Amend Coun. J. 5-6-15, p. 108483, § 1; Amend Coun. J. 7-29-15, p. 3637, § 1; Amend Coun. J. 7-29-15, p. 3639, § 1; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 4; Amend Coun. J. 10-28-15, p. 12697, § 1; Amend Coun. J. 7-20-16, p. 28849, § 1; Amend Coun. J. 7-20-16, p. 28851, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 4; Amend Coun. J. 1-17-18, p. 65175, § 1; Amend Coun. J. 4-10-19, p. 99044, § 1; Amend Coun. J. 11-20-19, p. 9510, Art. IV, § 12; Amend Coun. J. 1-15-20, p. 12993, § 1; Amend Coun. J. 4-21-21, p. 30263, § 1; Amend Coun. J. 6-25-21, p. 31925, Art. IV, § 3; Amend Coun. J. 10-14-21, p. 37481, § 1; Amend Coun. J. 11-17-21, p. 41294, § 1; Amend Coun. J. 7-20-22, p. 50852, § 1; Amend Coun. J. 4-19-23, p. 62651, § 8; Amend Coun. J. 7-19-23, p. 1956, § 1; Amend Coun. J. 1-24-24, p. 8537, § 1)

ARTICLE XXIV. IMMIGRATION ASSISTANCE (4-6-240 et seq.)

4-6-240 Immigration assistance.

   (a)   Definitions. As used in this section:

   "Immigration matter" means any proceeding, filing or action affecting the non-immigrant, immigrant or citizenship status of any person which arises under immigration and naturalization law, executive order or presidential proclamation, or which arises under action of the United States Department of Homeland Security, the United States Department of Labor, the United States Department of State or its successor department(s).

   "Compensation" means money, property, services, promise of payment, or anything else of value.

   "Employed by" means that a person is on the payroll of the employer and the employer deducts from the employee's paycheck social security and withholding taxes, or receives compensation from the employer on a commission basis or as an independent contractor.

   "Reasonable costs" means actual costs or, if actual costs cannot be calculated, reasonably estimated cost of such things as photocopying, telephone calls, document requests, and filing fees for immigration forms, and other services and overhead costs incidental to assistance in an immigration matter.

   (b)   Exemptions. The requirements of this section shall not apply to any of the following persons if such person can prove by a preponderance of the evidence that such person is eligible for an exemption under this section: (1) an attorney licensed to practice law in the State of Illinois, to the extent the attorney renders services in immigration matters in the course of his or her practice as an attorney; (2) a legal intern, as described by rules of the Illinois Supreme Court, employed by and under the direct supervision of a licensed attorney and rendering services in immigration matters in the course of such employment; and (3) a not- for-profit organization recognized by the Board of Immigration Appeals pursuant to 8 C.F.R. § 292.2(a), as amended, and employees of such organizations accredited pursuant to 8 C.F.R. § 292.2(d), as amended. Provided, however, that nothing in this section shall regulate any business to the extent that such regulation is prohibited by state or federal law.

   (c)   Scope of license. A license under this section authorizes the licensee to perform only the following services: (1) providing the customer with a government agency form appropriate to the customer's needs if only that form can reasonably be considered appropriate and if the selection of the form does not involve a legal judgment; (2) transcribing responses to a government agency form which is related to an immigration matter, but not advising a customer as to his or her answers on those forms; (3) translating information on forms to a customer and translating the customer's answers to questions posed on those forms; (4) securing for the customer supporting documents currently in existence, such as birth and marriage certificates, which may be needed to submit with government agency forms; (5) translating documents from a foreign language into English; (6) notarizing signatures on government agency forms, if the person performing the service is a notary public of the State of Illinois; (7) making referrals, without fee, to attorneys who could undertake legal representation for a person in an immigration matter; (8) preparing or arranging for the preparation of photographs and fingerprints; (9) arranging for the performance of medical testing (including X-rays and A.I.D.S. tests) and the obtaining of reports of such test results; (10) conducting English language and civics courses; and (11) such other services that the commissioner determines by rule may be appropriately performed by such persons to help immigrants reside and work in the United States, establish and maintain stable families and business relationships, promote honesty and fair dealing and preserve the public confidence.

   (d)   Departmental duties.

      (1)   The commissioner may promulgate regulations establishing maximum fees that may be charged for the services described in items (1) through (11), inclusive, of subsection (c) of this section. Provided, however, that such maximum fees shall be reasonable in light of the costs of providing such services and the degree of professional skill required to provide the services.

      (2)   If the commissioner determines that a person has engaged in, is engaging in or is about to engage in a practice prohibited by this section, the commissioner may: (i) order the person to discontinue the prohibited practice; (ii) order the person to pay restitution to persons aggrieved by the practice; (iii) take action to revoke or suspend the regulated business license of the person; and/or (iv) request the corporation counsel to bring an action in circuit court for injunctive or such other relief as may be appropriate.

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

      (1)   (A)   at the time a customer indicates that he is contemplating retaining the licensee for assistance with an immigration matter, and prior to entering into a contract or charging any compensation or costs for assistance in the immigration matter, provide the customer with a written disclosure that includes the following: (i) an explanation of the services to be performed; (ii) a statement that prior to entering into any contract, the licensee shall provide the customer with a written estimate of the total compensation and costs to be charged based on the services selected by the customer; (iii) a statement that documents submitted in support of an application for non-immigrant, immigrant or naturalization status may not be retained by the licensee for any purpose, including payment of compensation or costs; (iv) a statement, which shall be on the face of the disclosure and shall be in print larger and more conspicuous than other print on the disclosure, that the licensee is not an attorney and may not perform legal services.

         (B)   prior to entering into any contract or charging any fee for assistance in an immigration matter, a licensee shall provide a written estimate of the total charge, including any fees or costs, a customer will incur based upon the services selected by the customer.

   A licensee shall not enter into any contract with a customer, or charge the customer any fee, prior to the licensee reviewing the written estimated total charges with the customer.

   No customer shall be liable to a licensee for any charge or cost for assistance in an immigration matter without a written contract; and

         (C)   prior to charging any compensation or cost, provide a customer with a written contract that includes the following conditions: (i) a list of the services to be performed; (ii) the total amount of compensation and cost to be charged based upon the services selected by the customer; (iii) a provision that the documents submitted in support of an application for non-immigrant, immigrant or naturalization status may not be retained by the licensee for any purpose, including the payment of compensation or costs; (iv) a provision that the customer may rescind the contract within 72 hours, which shall be conspicuously set forth in the contract in understandable language substantially similar to "You may cancel this contract within 3 days and get your money back for work not performed." The written contract required under this subsection shall be in both English and in the language of the customer. A copy of the contract shall be provided to the customer upon the customer's execution of the contract. The customer shall have the right to rescind such contract within 72 hours of signing of the contract;

      (2)   upon demand of the customer, return to the customer any documents submitted in support of an application for non-immigrant, immigrant or naturalization status;

      (3)   post signs at the licensee's place of business, setting forth in English and in every other language in which the person provides or offers to provide assistance in immigration matters. Each language shall be on a separate sign. Signs shall be posted in a location where the signs will be visible to customers. Each sign shall be at least 11 inches by 17 inches, and shall contain the following: (i) the statement "I am not an attorney"; (ii) if applicable, the statement that "I am not accredited to represent you before the United States Department of Homeland Security"; (iii) the fee schedule; (iv) the statement that "You may cancel any contract within three days and get your money back for services not performed"; (v) the statement that "If you have a complaint about this business, contact: City of Chicago, Department of Business Affairs and Consumer Protection (Insert the Department's current address). (Insert, within a box in bold-faced type, the Department's current telephone number and current web address to which complaints may be sent). Business name: (Insert legal name of business). Business address: (Insert address of business). Business phone: (Insert current business phone number); and (vi) such other additional information as the commissioner may require by rule;

      (4)   if the licensee or any other person is engaged in the business of fingerprinting or providing fingerprinting services at the licensed premises, conspicuously display in each location of business, in a clearly visible place, a sign stating the following: "This Office Is Not An Authorized Government Agency. This Office Is Not A Part Of And Is Not Associated With The United States Department of Homeland Security Or Any Government Agency. Fingerprints Taken At This Location Will Not Be Accepted By The United States Department of Homeland Security For Any Purpose." Such sign shall be (i) in black print on a white background, in letters no smaller than 48-point typeface; and (ii) posted in the following languages: English, Spanish, Polish, Korean, Arabic, Hindi and Mandarin.

   (f)   Advertising – Additional duties.

      (1)   Every licensee who advertises immigration assistance services by signs, pamphlets, newspapers or any other means shall post or otherwise include with the advertisement a notice in English and in the language in which the advertisement appears. The notice shall be of a conspicuous size and shall state the following: "The individual providing assistance to you is not at attorney licensed to practice law or accredited by the board of immigration appeals to provide representation to you before the bureau of citizenship and immigration services, the department of law, the department of state or any immigration authorities and may not give legal advice or accept fees for legal advice;

      (2)   No advertisement for immigration assistance services shall expressly or implicitly guarantee any particular government action, including, but not limited to, the granting of residency or citizenship status.

   (g)   Prohibited acts. It shall be unlawful for any licensee engaged in the business of immigration assistance to:

      (1)   in the course of dealing with customers or prospective customers, (i) make any statement that the person can or will obtain special favors from or has special influence with the United States Department of Homeland Security or any other government agency; (ii) retain any compensation for service not performed; (iii) refuse to return documents supplied by, prepared by, or paid for by the customer upon the request of the customer, even if there is a fee dispute between the immigration assistant and the customer; (iv) represent or to advertise, in connection with the provision of assistance in immigration matters, other titles or credentials, including, but not limited to, "notary public" or "immigration consultant," that could reasonably cause a customer to believe that the person possesses any form of license, accreditation, or official authorization to provide advice on an immigration matter. Provided, however, that a notary public appointed by the Illinois Secretary of State may use the term "notary public" if such use is accompanied by the statement that the person is not an attorney; and (v) to give any legal advice concerning an immigration matter;

      (2)   state, imply, offer or otherwise represent that a person, business, agency, office or organization is authorized to provide fingerprinting services which will be accepted by the United States Department of Homeland Security for the process of DHS applications or for any other purpose;

      (3)   charge fees, directly or indirectly, for referring an individual to an attorney or for any immigration matter not authorized under subsection (c) of this section. Provided, however, that a person may charge a fee for notarizing documents as permitted by the Illinois Notary Public Act;

      (4)   make any guarantee or promise to a customer, unless there is a basis in fact for such guarantee or promise, and the guarantee or promise is in writing;

      (5)   represent that a fee may be charged, or to charge a fee, for the distribution, provision or submission of any official document or form issued or promulgated by a state or federal governmental entity, for the referral of the customer to another person or entity that is qualified to provide services or assistance which the licensee will not provide;

      (6)   disclose any information to, or file any forms or documents with, immigration or other authorities without the knowledge or consent of the customer.

   (h)   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 $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, or imprisonment for a period not to exceed six months, or both, for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

   (i)   Private right of action. Any person aggrieved by any violation of this section or any rule or regulation promulgated thereunder may bring an action in an appropriate court against any person subject to this section, for injunction against the violation or for such other or additional relief as may be appropriate to deter, prevent or compensate for the violation. It is the express intention of the city council that remedies for violation of this ordinance shall be cumulative.

(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 11-8-12, p. 38872, § 70; Amend Coun. J. 12-9-15, p. 15481, § 3)