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.)

4-6-270 Home occupations.

   (a)   Definitions. As used in this section:

   "Accessory use," "accessory building" or "accessory structure" have the meaning ascribed to those terms in Section 17-9-0201-B.

   "Base metal" means any metal in unwrought, semi- processed (e.g. as powder, wire, rods, cable) or waste/scrap form, including, but not limited to, iron, steel, copper, nickel, aluminum, calcium, lead, magnesium, tin, titanium, zinc, and zirconium.

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

   "Hazardous material" has the meaning ascribed to that term in Section 4-6-210.

   "Home occupation" means the accessory use, of a business or commercial nature, of a dwelling unit by the person(s) residing in such dwelling unit. The term "home occupation" does not include persons who, as an owner or employee, perform administrative, clerical or research work in their home for an entity whose principal place of business is located elsewhere. Nor does the term "home occupation" include any child care institution, day care center, part-day child care facility, group home, day care home or group day care home that is properly licensed by a state agency or by the City of Chicago. Nor does the term "home occupation" include any cottage food operation or home kitchen operation properly registered by a state or county agency or the City of Chicago.

   "Non-resident external employee(s)" or "external employee(s)" have the meaning ascribed to those terms in subsection (g)(9)(ii) of this section.

   "Non-resident internal employee(s)" or "internal employee(s)" have the meaning ascribed to those terms in subsection (g)(9)(i) of this section.

   "Residential building" has the meaning ascribed to the term in Section 17-17-02146.

   (b)   Scope of license. A regulated business license for a home occupation shall entitle its holder to conduct more than one home occupation within the licensed dwelling unit if the license applicant indicates, on the license application form, the occupations that will be carried on in such dwelling unit.

   (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 a home occupation shall be accompanied by the following information:

      (1)   the location of the dwelling unit where the home occupation will be carried on;

      (2)   the name of the person(s) who will be designated as the licensee;

      (3)   whether more than one home occupation will be carried on in the dwelling unit;

      (4)   the type(s) of occupation(s) that will be carried on in the dwelling unit;

      (5)   the total square footage of the floor area of the applicable dwelling unit;

      (6)   the total square footage of the floor area of the dwelling unit that will be permanently occupied by the home occupation;

      (7)   the percentage of the floor area of the dwelling unit that will be permanently occupied by the home occupation;

      (8)   whether any accessory building or accessory structure, such as a garage, will be permanently used to store any material used in connection with the occupation(s) identified pursuant to item (4) of this subsection (c), and, if so, the total square footage of the floor area of such accessory building or accessory structure that will be used for such purpose.

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

      (1)   any applicant or licensee, as applicable, if the home occupation identified in the license application is the principal use of the dwelling unit. In order for a home occupation license to be issued under this section, the home occupation must be accessory, incidental and secondary to the principal residential use of the dwelling unit;

      (2)   any applicant or licensee, as applicable, if the home occupation identified in the license application will change the residential character of the dwelling unit or adversely affect the character of the surrounding neighborhood;

      (3)   any applicant or licensee, as applicable, if the home occupation identified in the license application is for an occupation or activity prohibited under subsection (e) of this section;

      (4)   any applicant or licensee, as applicable, if the total square footage of the home occupation exceeds the permitted percentage or square footage requirements set forth in subsection (g)(7) of this section;

      (5)   any applicant or licensee, as applicable, if the home occupation does not comply with Section 17-9-0202 or other applicable provisions of the Chicago Zoning Ordinance.

   (e)   Activities not subject to licensure as a home occupation – Standards. The following activities shall not be licensed as home occupations under this section:

      (1)   any repair of motorized vehicles, including the painting or repair of automobiles, trucks, trailers, boats, and lawn equipment;

      (2)   the dispatch, for compensation of any type, of any type of motor vehicle;

      (3)   animal hospitals;

      (4)   astrology, card reading, palm reading or fortune-telling in any form;

      (5)   kennels;

      (6)   stables;

      (7)   bird keeping facilities;

      (8)   barber shops or beauty parlors;

      (9)   dancing schools;

      (10)   restaurants or pop-up food establishments as defined in Section 4-8-010;

      (11)   massage establishments, including massage therapy;

      (12)   caterers / catering / food preparation businesses / shared kitchens as defined in Section 4-8-010;

      (13)   funeral chapels or funeral homes;

      (14)   crematoria;

      (15)   mausoleums;

      (16)   medical or dental services and/or clinics;

      (17)   public places of amusement;

      (18)   the sale of firearms, antique firearms as defined in Section 8-20-010, or ammunition;

      (19)   a weapons dealer;

      (20)   firearm training or instruction;

      (21)   storage of machines or bulk materials to be utilized in the operation of construction businesses or landscaping businesses;

      (22)   warehousing;

      (23)   welding or machine shops; and

      (24)   any activity that requires a children's services facility license under Chapter 4-75 of this Code.

   (f)   Legal duties – Standards. Each licensee engaged in a home occupation shall have a duty to:

      (1)   conduct the home occupation completely within the dwelling unit. Provided, however, that services offered or performed in conjunction with the home occupation may be provided off-site. Provided further, that an attached or unattached accessory building or accessory structure, such as a garage, may also be used for incidental storage of materials, supplies and business records related to the home occupation if all of the following requirements are met: (i) the accessory building or structure is fully enclosed; (ii) no hazardous materials are stored in the accessory building or structure; (iii) if business records or paper supplies are stored in the accessory building or structure, such records or supplies are enclosed in boxes, file cabinets or other containers and all storage of materials, supplies, and records complies with all applicable provisions of this Code, including applicable ordinances relating to fire prevention; (iv) the square footage limitations set forth in subsection (g)(7) of this section are not exceeded; and (v) use of a garage for incidental storage shall not displace any off-street parking required under Chapter 17-10 of the Zoning Ordinance.

   (g)   Prohibited acts – Standards. It shall be unlawful for any licensee engaged in a home occupation to:

      (1)   conduct a home occupation in violation of Section 17-9-0202 or other applicable provisions of the Chicago Zoning Ordinance;

      (2)   allow the home occupation to become the principal use of the dwelling unit. The home occupation shall be accessory, incidental and secondary to the principal residential use of the dwelling unit;

      (3)   add to the dwelling unit a separate entrance from outside the building for the sole use of the home occupation;

      (4)   display signage or any other evidence of operation of the home occupation: (i) on the exterior of the dwelling unit or residential building or accessory building or accessory structure in which the dwelling unit is located, or (ii) if the dwelling unit is located in a residential building containing 2 or more dwelling units, on any interior wall or other interior location within such residential building other than the interior of the dwelling unit itself, or (iii) in any location within the dwelling unit or residential building or accessory building or accessory structure that is clearly visible from the public way;

      (5)   make any internal or external structural alterations or construction to the dwelling unit, whether permanent or accessory, of the type that will change the residential character of the dwelling unit or the residential building in which the dwelling unit is located;

      (6)   install any equipment of the type that will change the residential character of the dwelling unit or the residential building in which the dwelling unit is located;

      (7)   allow the total square footage of any home occupation, including any accessory building or accessory structure used for storage or other home occupation business-related activities, to permanently occupy more than 300 square feet or 25 percent of the total floor area of any dwelling unit, whichever number is larger;

      (8)   produce or emit any noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, obstruction to the public way, or any other effect that unreasonably interferes with any person's enjoyment of his or her residence;

      (9)   (i)   hire or retain, or otherwise permit or allow, more than one non-resident employee to work within the dwelling unit in connection with the home occupation. All other employees of the licensee who work within the dwelling unit shall reside in the dwelling unit in which the home occupation is located.

         (ii)   Nothing in this subsection (g)(9) shall be construed to prohibit a licensee under this section from hiring or retaining non-resident employees to work exclusively outside the dwelling unit in connection with the home occupation.

         (iii)   In the event of an alleged violation of subparagraph (i) of this subsection (g)(9), the following requirements shall apply: (A) A rebuttable presumption shall exist that an employee has been authorized by the licensee to work within the dwelling unit in connection with the home occupation if such employee is present in the dwelling unit for more than three consecutive hours in any given day. (B) The burden of proof shall be on the licensee to prove, by a preponderance of evidence, that the non-resident employee is an external employee;

      (10)   regardless of whether a dwelling unit is used for one or more home occupations: (i) allow more than two patrons or clients or non-resident external employees of the home occupation to be present, in any combination, in the dwelling unit at any one time; or (ii) allow more than ten patrons or clients or external employees of the home occupation to be present, in any combination, in the dwelling unit during any 24-hour period; or (iii) allow any person, other than the person(s) who reside in the dwelling unit and not more than one non-resident internal employee, to perform any work in the dwelling unit in connection with the home occupation(s) being carried on in such dwelling unit. Provided, however, that the restrictions set forth in this subsection (g)(10) on the number of patrons, clients and non-resident external employees allowed in a dwelling unit shall apply to all home occupations within such dwelling unit and shall not be cumulative. Provided further, that in the event of an alleged violation of this subsection (g)(10), the rebuttable presumption and burden of proof set forth in items (A) and (B), respectively, of subsection (g)(9)(iii) of this section shall apply;

      (11)   permit any tractor trailer delivery; or

      (12)   permit or accept more than one bulk delivery per day (in addition to United States mail service, Federal Express, U.P.S. and messenger services). Any such bulk delivery shall occur between the hours of 8:00 a.m. and 6:00 p.m. and such bulk delivery complies with all applicable provisions of this Code, including applicable ordinances relating to fire prevention and the governing of special types of vehicles on City of Chicago streets set forth under Section 9-64-170.

   (h)   Construction of section.

      (1)   Nothing in this section shall affect the applicability of any federal or state law pertaining to the production, manufacture or assembly of products, or the applicability of the Fair Labor Standards Act, the Occupational Health and Safety Act, or any child labor, workers' compensation, unemployment compensation, wage and hour or other applicable law.

      (2)   Nothing in this section shall prevent a condominium association's board of directors, a cooperative association's board of directors or a landlord from adopting a rule, declaration, or bylaw prohibiting home occupations on the premises under which circumstances such rule shall supersede this section in effect. Nothing in this section shall preclude, invalidate or override any existing covenant, bylaw or rule of a condominium association, common interest community, housing cooperative or landlord which prohibits, restricts or regulates, in a stricter manner than this section, home occupations.

(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 11-8-12, p. 38872, § 73; Amend Coun. J. 6-25-14, p. 83727, § 3; Amend Coun. J. 2-22-17, p. 43916, Art. I, § 1; Amend Coun. J. 9-20-18, p. 84293, § 3; Amend Coun. J. 4-21-21, p. 29591, § 1)

ARTICLE XXVIII. HOME REPAIR (4-6-280 et seq.)

4-6-280 Home repair.

   (a)   Definitions. As used in this section:

   "Home repair" means fixing, replacing, altering, converting, modernizing, improving or making an addition to any real property primarily designed or used as a residence. The term "home repair" includes the construction, installation, replacement or improvement of driveways, swimming pools, porches, kitchens, bathrooms, basements, chimneys, chimney liners, garages, fences, fallout shelters, central air conditioning, central heating, boilers, furnaces, hot water heaters, electrical wiring, sewers, plumbing fixtures, storm doors, storm windows, roofs, awnings and other improvements to structures within a residence or upon the land adjacent thereto. The term "home repair" does not include (i) the sale, installation, cleaning or repair of carpets; (ii) the sale of goods or materials by a merchant who does not, directly or through a subsidiary, perform any work or labor in connection with the installation or application of the goods and materials; (iii) the repair, installation, replacement or connection of any home appliance, including, but not limited to, disposals, refrigerators, ranges, garage door openers, television antennas, washing machines, telephones or other appliances when the persons replacing, installing, repairing or connecting such home appliance are employees or agents of the merchant that sold the home appliance; (iv) television repair; or (v) landscaping.

   "Residence" means any building or portion of a building used or intended to be used as a dwelling unit. The provisions of this chapter shall not apply to original construction of a residence.

   (b)   Exemptions. The requirements of this section shall not apply to (1) persons who perform home repairs to their own property; or (2) individuals who are employees of persons licensed under this section when such individual is working within the scope of their employment; or (3) except as otherwise provided in Section 4-36-120(G), persons holding a valid general contractor's license under Chapter 4-36 of this Code.

   (c)   Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, or renewal of, a regulated business license to engage in the business of home repair shall be accompanied by the following information:

      (1)   a description of the type of home repair or improvement in which the applicant will engage;

      (2)   a statement indicating whether there are any outstanding judgments against the applicant; and if so, the amount of such judgment, the case number and the court rendering such judgment;

      (3)   a statement listing the name and address of the principal location from which the applicant has performed home repair at any time within the last five years;

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

   (d)   Legal duties. Any licensee engaged in the business of home repair shall have a duty to:

      (1)   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. 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 an 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. The licensee shall maintain the insurance required under this subsection in full force and effect throughout 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. A single violation of this subsection may result in license suspension or revocation in accordance with Section 4-4-280;

      (2)   print the licensee's license number legibly on the front page of every contract or estimate for home repair and upon every application for a building permit. In addition, the license number shall appear in any advertisement placed by or on behalf of a home repair contractor. The licensee shall also affix his license number and the licensee's name on all vehicles used in the course of his business as a home repair contractor;

      (3)   furnish to the licensee's home repair customer a written estimate of repairs, which shall state the total estimated cost of: (i) parts listed with reasonable particularity and identified by brand name or equivalent; (ii) labor; (iii) incidental services; and (iv) charges, if any, for making such estimates;

      (4)   give to the licensee's customer a signed copy of the written estimate with the word "estimate" conspicuously placed thereon. Such estimate shall include the licensee's name and business address. No person engaged in the business of making home repairs shall demand a waiver of any customer's rights herein enumerated as a precondition to acceptance of repair work;

      (5)   record on an invoice all home repair work performed by the licensee. Such invoice shall include the licensee's name and address and shall describe in detail all services or work performed and all parts supplied and the exact charge for each part or service. One copy of such invoice shall be given to the customer upon completion of the home repair;

      (6)   notify the customer and obtain prior approval before performing any work that would result in charges in excess of the amount specified in the original estimate. In no event shall a customer be required to pay more than the amount specified in the original estimate if the customer did not receive notification of additional costs not reflected in the original estimate.

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

      (1)   demand a waiver of any customer's rights as a precondition to acceptance of repair work;

      (2)   knowingly charge for any service which was not actually performed in making a home repair, or knowingly misinform a customer about what is wrong with an item that is subject to repair, or fraudulently substitute parts when such substitution has no relation to repair of an item or service on an item;

      (3)   make repairs or charge for repairs before obtaining a signed work order or providing an estimate for such repairs;

      (4)   fail to disclose, prior to preparing any estimate, any service charge or minimum charge that will apply in connection with the preparation of such estimate;

      (5)   knowingly allow any other person to use the licensee's name or license identification on a building permit application if such licensee will not be performing the work which the permit application states the licensee will perform unless the permit application has been amended to (i) remove the licensee's name or license identification; and (ii) insert the name of the licensee who will perform the work. Any person who violates any provision of this subsection shall be subject to a fine of $1,000.00 for the first offense; a fine of $1,500.00 and a 90-day license suspension for the second offense; and a fine of $2,000.00 and license revocation for the third and any subsequent offense.

   (f)   Penalty. Except as otherwise provided in this section, and 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 fined not less than $500.00 nor more than $5,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

   (g)   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. 6-6-12, p. 28356, § 1B; Amend Coun. J. 11-8-12, p. 38872, § 74; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 7; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 7)

ARTICLE XXIX. BED-AND-BREAKFAST ESTABLISHMENT (4-6-290 et seq.)

4-6-290 Bed-and-breakfast establishment.

   (a)   Definitions. As used in this section:

   "Bed and Breakfast Act" means the Illinois Bed and Breakfast Act, codified at 50 ILCS 820, et seq.

   "Bed-and-breakfast establishment" or "establishment" means an owner-occupied single-family residential building, or an owner-occupied, multiple-family residential building, or an owner-occupied condominium, townhouse or cooperative, in which 11 or fewer sleeping rooms are available for rent or for hire for transient occupancy by registered guests. The term "bed-and-breakfast establishment" does not include: (1) single-room occupancy buildings, as defined in Section 4-6-220; (2) shared housing units, as defined in Section 4-14-010, that are registered or required to be registered with the City pursuant to Chapter 4-14 of this Code; (3) vacation rentals, as defined in Section 4-6-300(a), that are licensed or required to be licensed by the City pursuant to Section 4-6-300; (4) hotels, as defined in Section 4-6-180; (5) conversion units, as defined in Section 17-17-0240.6; or (6) coach houses, as defined in Section 17-17-0234.6, unless the coach house was being used for residential purposes as of January 16, 2003. If the bed-and-breakfast establishment is a single-family residential building located on a lot that includes a principal house and an accessory building that was being used for residential purposes as of January 16, 2003, the accessory building shall be considered to be part of the establishment. The term "guests" does not include members of the owner's household within the meaning of the Chicago Zoning Ordinance; nor does it include persons who have signed a lease to use and occupy residential property unless the leased residential property is held out by its owner, or by any person acting on the owner's behalf, to be a bed-and-breakfast establishment.

   "Breakfast" means any morning meal provided between the hours of 5:00 a.m. and 2:00 p.m.

   "Immediately adjacent" means the front yard, rear yard, side yard, inner court and contiguous public way.

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

   "Minimal preparation" means any food that is not cooked in the establishment's kitchen, such as coffee, milk, juice, fruit, sandwiches and prepackaged, hermetically-sealed foods.

   "Permanent occupancy" means occupancy on a daily or nightly basis, or any part thereof, for a period of 32 or more consecutive days.

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

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

   (b)   License – Scope. A bed-and-breakfast license issued under this section allows the licensee to provide sleeping accommodations and foods that require minimal preparation and breakfast to registered guests. A licensee under this section shall not be required to obtain any City of Chicago license, other than the regulated business license to engage in the business of bed-and-breakfast establishment required under this section, to conduct the activities described in this section. Provided, however, that a city license for the retail sale of alcoholic liquor shall be required if alcoholic liquor is sold or otherwise provided by the licensee for use or consumption by registered guests on the licensed premises.

   (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 bed-and-breakfast establishment shall be accompanied by the following information:

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

      (2)   a statement as to whether the applicant or any controlling person has ever been convicted in any jurisdiction of any felony (other than a minor cannabis offense);

      (3)   proof that the applicant has legal title to or leasehold interest in the property on which the establishment is located;

      (4)   a written statement that the establishment shall be the owner's legal primary residence throughout the duration of the license period;

      (5)   proof of adequate off-street parking, as required by the Chicago Zoning Code;

      (6)   a copy of an evacuation diagram, as required under subsection (f)(5)(vi) of this section;

      (7)   a valid certificate of registration in food handling and sanitation issued by the department of health, as required under subsection (f)(6) of this section.

   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).

   (d)   Departmental duties. Either the department of buildings or fire department, pursuant to a coordinated inspection schedule, shall inspect each bed-and-breakfast establishment before any initial license is issued for such establishment. Thereafter, either the department of buildings or fire department, pursuant to a coordinated inspection schedule, shall inspect the establishment once every two years to determine whether the establishment complies with all applicable requirements of this Code. If, within the 12-month period prior to the date of any inspection required under this section, the bed-and-breakfast establishment 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 applicable inspection requirement set forth herein. The department of buildings and fire department are authorized to conduct such additional inspections as they deem necessary to maintain health and safety.

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

      (1)   any applicant or licensee, as applicable, unless the establishment identified in the license application is: (A) an owner-occupied, single-family residential building; or (B) an owner-occupied multiple-family dwelling that does not exceed four stories in height and contains no more than 11 sleeping rooms; or (C) an owner-occupied condominium, townhouse or cooperative. Throughout the duration of any rental period, occupancy of the establishment by any person owning 25 percent or more of the interest in the establishment shall be a continuing requirement for maintaining a license under this chapter; provided, however, that it shall not be a violation of this requirement if the owner: (i) is absent from the establishment overnight or for any longer period of time not to exceed 120 days within a 12-month period; or (ii) is on active military duty for any length of time; and (iii) appoints a designated agent or employee to manage, control and reside in the establishment during the owner's absence;

      (2)   any applicant or licensee, as applicable, unless, prior to issuance of any initial license, the premises identified in the license application are inspected in accordance with subsection (d)(l) of this section;

      (3)   any applicant or licensee, as applicable, if such applicant or licensee has been convicted under any federal or state law of any felony (other than a minor cannabis offense) that is rationally related to the applicant's fitness or capacity to operate a bed-and-breakfast establishment, 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;

      (4)   any applicant or licensee, as applicable, whose license under Title 4 at any location has been revoked for cause within the last two years.

   (f)   Legal duties. Each licensee engaged in the business of bed-and-breakfast establishment shall have a duty to:

      (1)   obtain commercial general liability insurance, with limits of not less than $300,000.00 per occurrence, for bodily injury and property damage arising in any way from the issuance of the license. Each policy of insurance required under this subsection (f)(1) shall (i) be issued by an insurer authorized to insure in the State of Illinois; and (ii) 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. A single violation of this subsection shall result in suspension or revocation of the license in accordance with Section 4-4-280 of this Code;

      (2)   maintain current guest registration records which contain the following information about each guest: the guest's name, address, signature, room assignment and dates of accommodation. The licensee shall keep such guest registration records on file for three years. Except in cases where a licensee consents to disclosure of the applicable guest registration records or an exception to a warrant applies, including exigent circumstances, guest registration records shall be subject to disclosure to an authorized city official pursuant only to a proper search warrant, administrative subpoena, judicial subpoena, or other lawful procedure to compel the production of records that affords the licensee an opportunity for precompliance review by a neutral decisionmaker;

      (3)   comply with the minimum standards set forth in Section 4 of the Bed and Breakfast Act, if food for registered guests is prepared, handled or served on the licensed premises;

      (4)   comply with the minimum standards set forth in Section 5 of the Bed and Breakfast Act, if soap, towels or linens are provided to registered guests on the licensed premises;

      (5)   comply with all applicable building and fire prevention provisions of this Code, and with any regulations promulgated thereunder. In addition, the following requirements shall be met:

         (i)   approved smoke alarms equipped with an escape light, or approved smoke alarms and approved unit battery equipment for emergency illumination or any approved System II or System III emergency lighting system, shall be installed in each sleeping room and stairway and in all other locations required by Chapters 14E-7 and 14X-5. In addition to these smoke alarms, each establishment shall provide at least one smoke alarm, which may be either portable or permanently wired, that emits a flashing or stroboscopic light signal or vibration to indicate the presence of smoke designed to serve hearing impaired persons as required by Section 14B-9-907.5.2.3. For purposes of this subsection, an approved smoke alarm shall be the ionization chamber or photoelectric type, either battery powered or 110 volt AC, and shall bear the label of a nationally recognized standards testing laboratory indicating that the smoke alarm has been tested and listed as a single or single and multiple station smoke alarm. Approved unit battery equipment shall meet the requirements of Section 14E-7-700.66;

         (ii)   manual extinguishing equipment shall be provided in each sleeping room or within 15 feet of any sleeping room in accordance with NFPA-10 (Standards for the Installation of Portable Fire Extinguishers);

         (iii)   all combustibles or flammable liquids shall be stored in approved metal containers. No combustible storage shall be allowed in or under stairways;

         (iv)   all trash containers used inside the building shall be metal;

         (v)   no portable heating devices shall be allowed in sleeping rooms.

         (vi)   an evacuation diagram identifying all means of egress from the establishment shall be posted in a conspicuous place on the inside panel of each guest room door;

      (6)   obtain a valid certificate in food handling and sanitation issued by the department of health;

      (7)   conspicuously display the bed-and- breakfast establishment's license number in every advertisement of any type in connection with the rental of the bed-and-breakfast establishment or any sleeping room within such establishment. Failure to comply with this requirement shall create a rebuttable presumption that the bed-and-breakfast establishment is being operated without the proper license;

      (8)   If the bed-and-breakfast establishment is listed on any platform, a licensee under this section shall have the following duties:

         (i)   not to list, or permit any person to list, on such platform any bed-and-breakfast establishment unless the listing includes the bed-and- breakfast establishment's license number;

         (ii)   not to list on a platform, or permit any person to list on a platform, and not to rent, or permit any person to rent, and not to book for future rental, or permit any person to book for future rental, any: (A) bed-and-breakfast establishment that is not properly licensed by the department; or (B) conversion unit, as defined in Section 17-17-0240.6; or (C) coach house, as defined in Section 17-17-0234.6, lawfully established after May 1, 2021;

         (iii)   following notice of a final determination of ineligibility under Section 4-13-260(b) or Section 4-13-330(b), not to rent or allow any family member to rent, and not to book for future rental or permit any family member to book for future rental, any portion of any bed-and-breakfast establishment identified in such notice that the commissioner has determined is ineligible for listing on any platform. In addition to any other penalty provided by law, any person who violates this subsection (f)(8)(iii) shall be fined $5,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense;

         (iv)   following notice of a final determination of ineligibility under Section 4-13-260(b) or Section 4-13-330(b), remove the ineligible listing from any platform where it is listed. In addition to any other penalty provided by law, any person who fails to comply with this subsection (f)(8)(iv) shall be fined $5,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense; and

      (9)   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).

   (g)   Prohibited acts. It shall be unlawful for any person engaged in the business of bed-and-breakfast establishment to:

      (1)   exceed the scope of the license, as set forth in subsection (b) of this section;

      (2)   allow occupancy of the establishment or any part thereof to exceed one person per 125 square feet of floor area, excluding elevators, stairways or other shaft enclosures;

      (3)   rent any sleeping room in the establishment for 32 or more consecutive days to any person other than members of the owner’s family as defined in the Chicago Zoning Ordinance; provided, however, that this subsection shall not apply if the building in which the bed-and-breakfast establishment is located cannot qualify as a single-room occupancy as defined in Section 17-17-02163 of this Code;

      (4)   use or to permit the use of a hot plate, coffee maker or other cooking device in any sleeping room or bathroom;

      (5)   permit any criminal activity or public nuisance to take place on the licensed premises. If a licensee knows or suspects that any criminal activity or public nuisance is taking place on or immediately adjacent to the licensed premises, the licensee shall immediately notify the Chicago Police Department of such fact and cooperate with the Chicago Police Department in any investigation that may ensue;

      (6)   knowingly make any false or incomplete or misleading statement about such person's criminal background in connection with any license application submitted pursuant to subsection (c) of this section. A single violation of this subsection shall result in license revocation in accordance with Section 4-4-280 of this Code;

      (7)   violate Section 6-10-070 in connection with the listing for rental, or rental of, the bed-and-breakfast establishment or any portion thereof.

   (h)   License revocation – One-year wait for new license. If a license issued under Title 4 to engage in the business of bed-and-breakfast establishment is revoked for any cause, no license shall be granted to any person for the operation of a bed-and-breakfast establishment at the premises described in the revoked license for a period of one year from the date of revocation.

   (i)   Penalty. Except as otherwise provided in this section, and in addition to any other penalty provided by law, three or more violations of this section or any rule promulgated thereunder on three different days within any 12-month period may result in license suspension or revocation in accordance with Section 4-4-280. Each day that a violation continues shall constitute a separate and distinct offense.

   (j)   Rules. The Commissioner of Business Affairs and Consumer Protection shall have the authority to promulgate rules necessary or appropriate to implement this section. The Commissioner of Public Health shall have authority to issue rules necessary or appropriate to implement subsection (f)(6) of this section and the minimal standards found in subsections (f)(3) and (f)(4) of this section.

(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 11-8-12, p. 38872, § 75; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 8; Amend Coun. J. 6-22-16, p. 27712, § 6; Amend Coun. J. 2-22-17, p. 43564, § 1; Amend Coun. J. 2-22-17, p. 43916, Art. VIII, § 7; Amend Coun. J. 9-6-17, p. 55278, Art. VI, § 2; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 23; Amend Coun. J. 10-7-20, p. 21791, Art. VII, § 4; Amend Coun. J. 12-16-20, p. 26066, § 4; Amend Coun. J. 9-9-20, p. 20269, § 3; Amend Coun. J. 2-24-21, p. 27657, Art. III, § 9; Amend Coun. J. 3-24-21, p. 28843, § 1; Amend Coun. J. 6-25-21, p. 31925, Art. IV, § 4; Amend Coun. J. 4-27-22, p. 46382, § 19; Amend Coun. J. 4-19-23, p. 62651, § 7)

ARTICLE XXX. VACATION RENTALS (4-6-300 et seq.)