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)

ARTICLE XXV. EXPEDITER COMPANY (4-6-250 et seq.)

4-6-250 Expediter company.

   (a)   Definitions. As used in this section:

   "Act related to expediting" means: (1) any activity or service requiring a license under this section; (2) any activity requiring a building permit issued under Chapter 14A-4 of this Code or any other license, certificate or permit; or (3) any conduct regulated by this section; or (4) any duty or other requirement imposed by this section; or (5) any inspection of a building or premises or performance of any other legal or work-related duty by a city inspector, city personnel or other government official in connection with: (i) the issuance of an expediter license under this section, or (ii) the issuance of any license, permit or certificate under this Code, or (iii) enforcing the requirements of this Code or any other law regulating building construction or the health or safety of construction site workers, current or eventual users or occupants of a building or premises or the general public.

   "Company" means any corporation, general partnership, limited partnership, limited liability company or other legal entity of any type. The term "company" does not include natural persons or sole proprietors, who shall be governed by the requirements set forth in Section 4-6-260 of this Code.

   "Expediter" or "expediter company" means any company that, for compensation of any type from a person seeking to procure a license, certificate or permit from any city department, provides to such person any of the following services: (1) preparing or submitting any license, certificate or permit application; or (2) monitoring the progress of any license, certificate or permit application at any stage of the application review process, including, but not limited to, plan review of any type; or (3) inquiring as to the status of any license, certificate or permit application; or (4) attempting, in any way, to persuade city personnel to issue a license, certificate or permit or to adopt or approve a particular processing schedule or interpretation of any provision of the Chicago Municipal Code in connection with a license, certificate or permit application.

   Exemptions: The term "expediter" does not include the following persons: (1) any attorney, certified public accountant, architect or engineer licensed by the State of Illinois or employee thereof if such person is acting within the scope of such license; (2) any condominium unit owner authorized by such condominium's board of directors or governing association to file a building permit application on behalf of such condominium; (3) any cooperative shareholder authorized by such cooperative's board of directors or governing association to file a building permit application on behalf of such cooperative. In addition, on license applications, certificate applications and permit applications other than building permit applications, the term "expediter" does not include any of the following persons identified on the application as: (a) the applicant; (b) any salaried employee of the applicant; or (c) any immediate relative of the applicant, such as the applicant's father, mother, sister, brother, grandparent, spouse or domestic partner. On a building permit application, the term "expediter" does not include any of the following persons identified for a project on the permit application as: (i) the building owner or tenant; (ii) any salaried employee of the building owner or tenant; (iii) any immediate relative of the building owner or tenant, such as the building owner's or tenant's father, mother, sister, brother, grandparent, spouse or domestic partner; (iv) the general contractor; or (v) the licensed trade contractor.

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

   (b)   License 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 expediter company shall be accompanied by the following information:

      (1)   a description of the services that the applicant will provide;

      (2)   a statement as to whether the applicant or any controlling person has ever been: (i) 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 theft, fraud, forgery, perjury, bribery, dishonesty, deceit or any offense set forth in subsections (e)(1) through (e)(6), inclusive, of this section; or (ii) found liable in the department of administrative hearings or the department of business affairs and consumer protection or any other administrative tribunal for the commission of any offense set forth in subsections (e)(1) through (e)(6), inclusive, of this section;

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

      (4)   fingerprints, as required under subsection (d)(2) of section;

      (5)   proof of insurance, as required under subsection (d)(3) of this section.

   Provided, however, that for purposes of Section 4-4-050, a post office box shall not suffice as an address.

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

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

      (2)   any applicant or licensee, as applicable, who has ever been: (i) 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 theft, fraud, forgery, perjury, bribery, dishonesty, deceit or any offense set forth in subsections (e)(1) through (e)(6), inclusive, of this section; or (ii) found liable in the department of administrative hearings or department of business affairs and consumer protection or any other administrative tribunal for the commission of any offense set forth in subsections (e)(1) through (e)(6), inclusive, of this section, unless, upon request of such person, the director determines that such person has been substantially rehabilitated to warrant the public trust. The burden of proof of substantial rehabilitation shall be on the person seeking such rehabilitation;

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

      (4)   any person under the age of eighteen.

   (d)   Legal duties. Each licensee engaged in the business of expediter company shall have a duty to:

      (1)   print the expediter license number legibly in all of the following places: (1) on every application for a license, certificate or permit issued under this Code in connection with an act related to expediting; (ii) on the front page of every estimate, contract or subcontract provided or entered into in connection with an act related to expediting; and (iii) in all advertisements of the licensee's services as an expediter;

      (2)   submit to fingerprinting in accordance with regulations and procedures prescribed by the commissioner;

      (3)   obtain commercial general liability insurance with limits of not less than $300,000.00, per occurrence, for bodily injury, personal injury and property damage arising in any way from the issuance of the license or activities conducted pursuant to the license. Each policy of insurance required under this section shall: (1) be issued by an insurer authorized to insure in Illinois; (2) 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 (3) include a provision requiring 30 days' advance notice to the commissioner prior to cancellation or lapse of the policy. The licensee shall maintain the insurance required under this subsection in full force and effect for the duration of the license period. Proof of insurance shall be kept on the licensed premises, and, upon request by any authorized city official, shall be made available for inspection by such authorized city official;

      (4)   comply with all reasonable requests made by any authorized city official necessary or appropriate to implement the requirements of this chapter;

      (5)   cooperate fully with any authorized city official in any inquiry, inspection or investigation necessary or appropriate to implement the requirements of this chapter; and

      (6)   if applicable, register as a lobbyist in accordance with the requirements of Article III of Chapter 2-156 of ths Code.

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

      (1)   knowingly make or to cause to be made a false statement of material fact on or in connection with any license, certificate or permit application connected in any way with an act related to expediting, including, but not limited to, a false address or false property identification or index number (PIN) of the building or premises at which the scope of work identified in a building permit application will be done;

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

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

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

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

      (6)   knowingly provide or offer to provide a gift to a city employee in violation of Section 2-156-142 or in violation of any city department’s zero gift policy;

      (7)   fail to report immediately to the commissioner any violation of subsections (e)(1) through (e)(6), inclusive, of this section if: (i) such violation is committed by an employee of the licensee and such employee holds or is required to hold an expediter natural person license under Section 4-6-260; and (ii) such violation is known or reasonably should have been known by the licensee under this section;

      (8)   solicit business or to cause business to be solicited within any portion of City Hall or any main office, satellite office or other place of business owned, leased or controlled by a city department;

      (9)   negligently fail to provide in a building permit application the correct address and property identification or index number (PIN) of the building or premises at which the scope of work identified in such application will be done. As used in this subsection, the term "negligently" means on three or more occasions within any 12-month period;

      (10)   misrepresent or to cause to be misrepresented to any person the nature, type, extent or level of service to be provided, performed or rendered by the licensee;

      (11)   misrepresent or to cause to be misrepresented to any person that the licensee can obtain city review, approval or issuance of a city license, certificate or permit by a date certain;

      (12)   misrepresent or to cause to be misrepresented to any person the status of a city review, approval or issuance of a city license, certificate or permit or the status of any task order related to the same;

      (13)   misrepresent or to cause to be misrepresented to any city supervisor regarding the time period that a matter has been pending before a city employee or before a city contractor

      (14)   use or to cause to be used terms such as "licensed by the department of business affairs and consumer protection" or "licensed" or "registered" to convey the impression that such person is licensed by the department under this chapter when, in fact, the person is not so licensed;

      (15)   fail to notify the commissioner of the termination of employment for any reason of any person requiring an expediter/natural person license under Section 4-6-260, if such expediter/natural person was hired by, employed on a contractual basis by or receiving any remuneration for services from a licensee under this section. The notification required under this subsection shall be provided to the commissioner in writing within 14 business days of termination of employment of such licensee.

   In addition to any other penalty provided by law: Any person who violates any requirement of subsection (e)(1) through (e)(7), inclusive, of this section shall be subject to a fine of not less than $2,000.00 nor more than $5,000.00 for each offense. Any person who violates any requirement of subsection (e)(8) through (e)(15), inclusive, of this section shall be subject to a fine of $1,000.00 for the first offense; $1,500.00 for the second offense; and $2,000.00 for the third or any subsequent offense. Each day that a violation continues shall constitute a separate and distinct offense.

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

   (g)   License revocation – Four year wait for new license. No person whose expediter license under this section 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.

   (h)   Violation – Penalty. Except as otherwise provided in this section, and in addition to any other penalty provided by law, any person who violates any requirement of this section or any rule or regulation promulgated hereunder shall be fined not less than $250.00 nor more than $500.00 for each offense.

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

   (j)   License suspension or revocation by Building Commissioner. The Commissioner of Buildings may suspend or revoke the license, registration or certification of any person licensed, registered or certified under this section as provided in Section 14A-3-305 of this Code.

(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 6-6-12, p. 28356, § 1B; Amend Coun. J. 11-8-12, p. 38872, § 71; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 5; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 5; Amend Coun. J. 2-22-17, p. 43876, § 6; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 21; Amend Coun. J. 11-20-19, p. 9510, Art. IV, § 13)

ARTICLE XXVI. EXPEDITER/ NATURAL PERSON (4-6-260 et seq.)

4-6-260 Expediter/natural person.

   (a)   Definitions. As used in this section:

   "Act related to expediting" means: (1) any activity or service requiring a license under this section; (2) any activity requiring a building permit issued under Chapter 14A-4 of this Code or any other license, certificate or permit; or (3) any conduct regulated by this section; or (4) any duty or other requirement imposed by this section; or (5) any inspection of a building or premises or performance of any other legal or work-related duty by a city inspector, city personnel or other government official in connection with: (i) the issuance of an expediter license under this section, or (ii) the issuance of any license, permit or certificate under this Code, or (iii) the requirements of this Code or any other law regulating building construction or the health or safety of construction site workers, current or eventual users or occupants of a building or premises or the general public.

   "Employee" means any person who performs services for wages or salary or remuneration of any type under a contract of employment, express or implied, for an employer.

   "Expediter" means any natural person who, for compensation of any type from a person seeking to procure a license, certificate or permit from any city department, or who, as an employee of an expediter company licensed or requiring a license under Section 4-6-250, provides to any person any of the following services: (1) preparing or submitting any license, certificate or permit application; or (2) monitoring the progress of any license, certificate or permit application at any stage of the application review process, including, but not limited to, plan review of any type; or (3) inquiring as to the status of any license, certificate or permit application; or (4) attempting, in any way, to persuade city personnel to issue a license, certificate or permit or to adopt or approve a particular processing schedule or interpretation of any provision of the Chicago Municipal Code in connection with a license, certificate or permit application.

   Exemptions: The term "expediter" does not include the following persons: (1) any attorney, certified public accountant, architect or engineer licensed by the State of Illinois or employee thereof if such person is acting within the scope of such license; (2) any condominium unit owner authorized by such condominium's board of directors or governing association to file a building permit application on behalf of such condominium; or (3) any cooperative shareholder authorized by such cooperative's board of directors or governing association to file a building permit application on behalf of such cooperative. In addition, on license applications, certificate applications and permit applications other than building permit applications, the term "expediter" does not include any of the following persons identified on the application as: (a) the applicant; (b) any salaried employee of the applicant; or (c) any immediate relative of the applicant, such as the applicant's father, mother, sister, brother, grandparent, spouse or domestic partner. On a building permit application, the term "expediter" does not include any of the following persons identified for a project on the permit application as: (i) the building owner or tenant; (ii) any salaried employee of the building owner or tenant; (iii) any immediate relative of the building owner or tenant, such as the building owner's or tenant's father, mother, sister, brother, grandparent, spouse or domestic partner; (iv) the general contractor; or (v) the licensed trade contractor.

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

   "Photographic identification" means identification issued by a federal, state or local governmental entity, including, but not limited to, a state driver's license, state identification card, passport or military identification card.

   (b)   License 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 authorizing a natural person to engage in the business of expediter shall be accompanied by the following information:

      (1)   whether the applicant is a sole proprietor engaged in the business of expediter or an employee of an expediter company as defined in Section 4-6-250(a);

      (2)   if applicable, the name, business address and business telephone number of the company or organization that employs or otherwise retains the applicant as an expediter;

      (3)   a description of the services that the applicant will provide;

      (4)   a statement as to whether the applicant has ever been: (i) 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 theft, fraud, forgery, perjury, bribery, dishonesty, deceit or any offense set forth in subsections (e)(1) through (e)(5), inclusive, of this section; or (ii) found liable in the department of administrative hearings or the department of business affairs and consumer protection or any other administrative tribunal for the commission of any offense set forth in subsections (e)(1) through (e)(5), inclusive, of this section;

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

      (6)   fingerprints, as required under subsection (d)(2) of section;

      (7)   if the applicant is a sole proprietor engaged in the business of expediter, proof of insurance, as required under subsection (d)(3) of this section.

   Provided, however, that for purposes of Section 4-4-050, a post office box shall not suffice as an address.

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

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

      (2)   any applicant or licensee, as applicable, who has ever been: (i) 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 theft, fraud, forgery, perjury, bribery, dishonesty, deceit or any offense set forth in subsections (e)(l) through (e)(5), inclusive, of this section; or (ii) found liable in the department of administrative hearings or department of business affairs and consumer protection or any other administrative tribunal for the commission of any offense set forth in subsections (e)(1) through (e)(5), inclusive, of this section, unless, upon request of such person, the director determines that such person has been substantially rehabilitated to warrant the public trust. The burden of proof of substantial rehabilitation shall be on the person seeking such rehabilitation;

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

      (4)   any person under the age of eighteen.

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

      (1)   print the expediter license number legibly in all of the following places: (i) on every application for a license, certificate or permit issued under this Code in connection with an act related to expediting; (ii) on the front page of every estimate, contract or subcontract provided or entered into in connection with an act related to expediting; and (iii) in all advertisements of the licensee's services as an expediter;

      (2)   submit to fingerprinting in accordance with regulations and procedures prescribed by the commissioner;

      (3)   if the expediter is a sole proprietor, obtain commercial general liability insurance with limits of not less than $300,000.00, per occurrence, for bodily injury, personal injury and property damage arising in any way from the issuance of the license or activities conducted pursuant to the license. Each policy of insurance required under this section shall: (1) be issued by an insurer authorized to insure in Illinois; (2) 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 (3) include a provision requiring 30 days' advance notice to the commissioner prior to cancellation or lapse of the policy. The licensee shall maintain the insurance required under this section in full force and effect for the duration of the license period. Proof of insurance shall be kept on the licensed premises, and, upon request by any authorized city official, shall be made available for inspection by such authorized city official;

      (4)   comply with all reasonable requests made by any authorized city official necessary or appropriate to implement the requirements of this chapter;

      (5)   cooperate fully with any authorized city official in any inquiry, inspection or investigation necessary or appropriate to implement the requirements of this chapter;

      (6)   if applicable, register as a lobbyist in accordance with the requirements of Article III of Chapter 2-156 of ths Code;

      (7)   while engaged in the business of expediter or otherwise while on duty as an expediter in City Hall or in any main office, satellite office or other place of business maintained, owned, leased or controlled by a city department, (i) to carry, at all such times on his or her person, a copy of the licensee's license; and (ii) upon request of any department head or department head's designee, to produce a copy of such license and photographic identification; and (iii) in a conspicuous place on the outside of such licensee's outer clothing, to wear a badge issued by the city indicating that such individual is licensed as an expediter under this section. Such badge shall state the licensee's full name and license number; the name of the licensee's employer; and the expiration date of the license; and

      (8)   upon termination by the licensee of his or her employment with the employer identified in the license application, obtain a new license under this section prior to engaging in the business of expediter with a new employer.

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

      (1)   knowingly make or to cause to be made a false statement of material fact on or in connection with any license, certificate or permit application connected in any way with an act related to expediting, including, but not limited to, a false address or false property identification or index number (PIN) of the building or premises at which the scope of work identified in a building permit application will be done;

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

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

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

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

      (6)   knowingly provide or offer to provide a gift to a city employee in violation of Section 2-156-142 or in violation of any city department’s zero gift policy;

      (7)   solicit business or to cause business to be solicited within any portion of City Hall or any main office, satellite office or other place of business owned, leased or controlled by a city department;

      (8)   negligently fail to provide in a building permit application the correct address and property identification or index number (PIN) of the building or premises at which the scope of work identified in such application will be done. As used in this subsection, the term "negligently" means on three or more occasions within any 12-month period;

      (9)   misrepresent or to cause to be misrepresented to any person the nature, type, extent or level of service to be provided, performed or rendered by the licensee;

      (10)   misrepresent or to cause to be misrepresented to any person that the licensee can obtain city review, approval or issuance of a city license, certificate or permit by a date certain;

      (11)   misrepresent or to cause to be misrepresented to any person the status of a city review, approval or issuance of a city license, certificate or permit or the status of any task order related to the same;

      (12)   misrepresent or to cause to be misrepresented to any city supervisor regarding the time period that a matter has been pending before a city employee or before a city contractor; or

      (13)   use or to cause to be used terms such as "licensed by the department of business affairs and consumer protection" or "licensed" or "registered" to convey the impression that such person is licensed by the department under this section when, in fact, the person is not so licensed.

   In addition to any other penalty provided by law: Any person who violates any requirement of subsection (e)(1) through (e)(5), inclusive, of this section or any rule or regulation promulgated thereunder shall be subject to a fine of not less than $2,000.00 nor more than $5,000.00 for each offense. Any person who violates any requirement of subsection (e)(6) through (e)(9), inclusive, of this section or any rule or regulation promulgated thereunder shall be subject to a fine of $1,000.00 for the first offense; $1,500.00 for the second offense; and $2,000.00 for the third or any subsequent offense. Each day that a violation continues shall constitute a separate and distinct offense.

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

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

   (h)   Violation – Penalty. Except as otherwise provided in this section, and in addition to any other penalty provided by law, any person who violates any requirement of this section or any rule or regulation promulgated thereunder shall be fined not less than $250.00 nor more than $500.00 for each offense.

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

   (j)   License suspension or revocation by Building Commissioner. The Commissioner of Buildings may suspend or revoke the license, registration or certification of any person licensed, registered or certified under this section as provided in Section 14A-3-305 of this Code.

(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 6-6-12, p. 28356, § 1B; Amend Coun. J. 11-8-12, p. 38872, § 73; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 6; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 6; Amend Coun. J. 2-22-17, p. 43876, § 7; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 22; Amend Coun. J. 11-20-19, p. 9510, Art. IV, § 14)

ARTICLE XXVII. HOME OCCUPATIONS (4-6-270 et seq.)