4-75-010 Definitions.
4-75-020 License – Required.
4-75-030 License – Application.
4-75-040 License issuance and renewal – Prohibited when.
4-75-050 License renewal.
4-75-060 License fee.
4-75-070 License – Posting – Nontransferablity.
4-75-080 Insurance – Required.
4-75-090 Permitted amusements and other activities – Exceptions.
4-75-100 Prohibited activities and amusements.
4-75-110 Legal duties – All licensees.
4-75-120 Prohibited acts – All licensees.
4-75-130 Additional legal duties for day care centers.
4-75-150 Night care privilege.
4-75-160 Departmental duties – Annual inspection – Required.
4-75-170 License – Suspension or revocation.
4-75-180 License revocation – Four year wait for new license.
4-75-190 Violation – Penalty.
4-75-200 Summary closure.
4-75-210 Rules.
"Amusement(s)" shall have the meaning ascribed to the term in Section 4-156-010.
"Automatic amusement device" shall have the meaning ascribed to the term in Section 4-156-150.
"Children" or "child" means any natural person seventeen years of age or younger.
"Children's play center" means any institution or place, regardless of nomenclature, where the primary business activity is to provide recreational activities to children who are apart from their parent or guardian. The term "children's play center" does not include the following: (1) any program operated by private entities on the grounds of public or private elementary schools or secondary schools; (2) any program operated by a public or private school or secondary level school; (3) any program operated by the State Board of Education or the Board of Education of Chicago; (4) any program operated by government agencies or conducted on government premises; (5) any program operated by or conducted on the premises of a college or university; (6) any program operated primarily for religious instruction; (7) any program operated by a hospital or other health care facility; (8) any entity, location or place licensed or required to be licensed as a public place of amusement pursuant to Article III of Chapter 4-156 of this Code; or (9) any person providing one-on-one recreational, cognitive or educational activities to a child in a dwelling unit, as defined in Section 17-17-0248, in which the person or child resides.
"Children's services facility" means a "day care center" or "children's play center" as those terms are defined in this section.
"Day care center" means any institution or place, regardless of nomenclature and with or without a stated educational purpose, including, but not limited to, any day care center, where three or more children six years of age or younger, who are not of common parentage and who are apart from their parent or guardian, are cared for during all or part of the day. The term "day care center" does not include the following: (1) any "day care home", "group day care home" or "foster family home" as those terms are defined in this section; (2) any center for the intellectually or developmentally disabled licensed by the State of Illinois; (3) any bona fide kindergarten or day nursery school serving children three years of age or older and established in connection with grade schools supervised or operated by a private or public board of education or approved by the State Board of Education; or (4) any daytime program for senior citizens.
"Day care home" means any family unit which receives four or more children, up to a maximum of 12 children, for less than 24 hours per day. The number of children counted shall include the family's natural or adopted children and all other persons under the age of 12. The term "day care home" does not include facilities which receive only children from a single household.
"Group day care home" means any family home which receives four or more children, up to a maximum of sixteen children, for less than 24 hours per day. The number of children counted shall include the family's natural or adopted children and all persons under the age of twelve.
"Foster family home" means a facility for child care in residences of families who receive no more than eight children unrelated to them, unless all of the children are of common parentage, for the purpose of providing family care and training for the children on a full-time basis, and as further defined in Section 2.17 of the Child Care Act of 1969, codified at 225 ILCS 10/1 et seq.
"Private event" means a party or similar type of event held primarily for children, such as a birthday party or holiday party for children. Such private event may include food, non-alcoholic beverages and entertainment.
"Primary business activity" means an activity that constitutes at least 51 percent of the gross receipts of a business.
(Added Coun. J. 5-9-12, p. 27485, § 41; Amend Coun. J. 11-8-12, p. 38872, § 89; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 2)
(a) 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 children's services facility shall be accompanied by the following information:
(1) the location of the facility for which a license is sought;
(2) whether the facility is a day care center, and if so, (i) the total number of children to be cared for; (ii) the number of children under two years of age to be cared for; (iii) the number of children two to six years of age to be cared for; and (iv) the number of employees, and information related to their experience and training as deemed necessary by the Commissioner of Public Health;
(3) the hours of operation of the facility;
(4) the name of the person(s) charged with responsibility for day-to-day management or supervision of the facility;
(5) the name of each manager who has or will have contact with children;
(6) a statement as to whether the applicant, any controlling person, any manager, any person charged with responsibility for day-to-day management or supervision of the facility or any existing employee or staff member of the facility has ever (i) been declared a sexually dangerous person under the Sexually Dangerous Persons Act, codified at 725 ILCS 205/1.01 et seq.; or (ii) admitted guilt or liability or been found guilty or liable in any judicial proceeding of committing or attempting to commit any offense set forth in Section 10/4.2(b) or (c) of the Child Care Act, codified at 225 ILCS 10/1 et seq., or in Article 11 of the Criminal Code, Sex Offenses, codified at 720 ILCS 5/Article 11;
(7) a statement as to whether, within ten years prior to the date of application or renewal, the applicant, any controlling person, any manager, any person charged with responsibility for day-to-day management or supervision of the facility or any existing employee or staff member of the facility has ever been convicted, in custody, under parole or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction for the commission of a felony of any type (other than a minor cannabis offense) other than those felonies required to be disclosed under paragraph (6) of this subsection or of a misdemeanor offense (other than a minor cannabis offense) involving drugs or narcotics;
(8) a statement as to whether, within four years prior to the date of application or renewal, the applicant has ever had a day care center license, children's activities facilities license, children's services facility license or its equivalent in any jurisdiction revoked for cause;
(9) a statement as to whether, within one year prior to the date of application or renewal, the applicant has ever had a day care center license, children's activities facilities license, children's services facility license or its equivalent revoked for any cause for the location identified in the license application;
(10) proof of insurance, as required under Section 4-75-080;
(11) whether the applicant is seeking to obtain a night care privilege under Section 4-75-150;
(12) any other information that the commissioner may reasonably require.
(b) The applicant and every manager identified or required to be identified pursuant to subsection (a)(5) of this section shall submit to fingerprinting by the department in accordance with the requirements set forth in Section 4-4-307.
(c) It is a condition of the license that all information in the license application shall be kept current. Any change in required information shall be reported to the commissioner, on a form provided by the department, no later than ten days after the change has occurred, excluding Saturdays, Sundays and legal holidays.
(Added Coun. J. 5-9-12, p. 27485, § 41; Amend Coun. J. 11-8-12, p. 38872, § 90; Amend Coun. J. 2-24-21, p. 27657, Art. III, § 18; Amend Coun. J. 6-25-21, p. 31925, Art. IV, § 12)
(a) No license under this chapter shall be issued to the following persons:
(1) any applicant or licensee, as applicable, who is under the age of 18;
(2) any applicant or licensee, as applicable, if such applicant or licensee, any controlling person, any manager, any person charged with responsibility for day-to-day management or supervision of the facility, or any existing employee or staff member (i) been declared a sexually dangerous person under the Sexually Dangerous Persons Act, codified at 725 ILCS 205/1.01 et seq.; or (ii) admitted guilt or liability or been found guilty or liable in any judicial proceeding of committing or attempting to commit any offense set forth in Section 10/4.2(b) or (c) of the Child Care Act, codified at 225 ILCS 10/1 et seq., or in Article 11 of the Criminal Code, Sex Offenses, codified at 720 ILCS 5/Article 11;
(3) any applicant or licensee, as applicable, if, within ten years prior to the date of application or renewal, such applicant or licensee or any controlling person or any person charged with responsibility for day-to-day management or supervision of the facility or any existing employee of the facility has ever been convicted, in custody, under parole or under any other noncustodial supervision resulting from a conviction in a court of any jurisdiction for the commission of a felony of any type other than those felonies required to be disclosed under paragraph (2) of subsection (a) of this section or of a misdemeanor offense (other than a minor cannabis offense) involving drugs or narcotics; unless, upon the 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, if, within four years prior to the date of application or renewal, such person has ever had a day care center license, children's activities facilities license, children's services facility license or its equivalent in any jurisdiction revoked for cause; and if so, the circumstances surrounding such revocation;
(5) any applicant or licensee, as applicable, if, within one year prior to the date of application or renewal, such person has ever had a day care center license, children's activities facilities license, children's services facility license or its equivalent revoked for any cause for the location identified in the license application;
(6) In the case of an initial application for a license under this chapter, any applicant or licensee, as applicable, unless the fire department or department of buildings, pursuant to a coordinated inspection schedule, inspect the premises identified in the license application and determine that such premises are in compliance with all applicable requirements of this Code. If the facility identified in the license application is a day care center or child care facility, the department of health shall also inspect such facility for compliance with the requirements of this Code. If within the 12-month period prior to the date of submission of an initial license application, the subject premises were inspected either by the fire department or department of buildings in connection with a permit inspection, periodic inspection, code compliance inspection or certificate of occupancy, such inspection shall be deemed to meet the inspection requirement herein. The fire department, department of buildings and health department are authorized to conduct such additional inspections as they deem necessary to maintain health and safety;
(7) any applicant or licensee, as applicable, for any location that is licensed under Article III of Chapter 4-156 of this Code as a public place of amusement;
(b) Eligibility for issuance of a license under this chapter shall be a continuing requirement for maintaining a license under this chapter. Failure to maintain eligibility for issuance of a license under this chapter may result in license suspension or revocation in accordance with the requirements set forth in Section 4-4-280 of this Code.
(Added Coun. J. 5-9-12, p. 27485, § 41; Amend Coun. J. 11-8-12, p. 38872, § 91; Amend Coun. J. 5-18-16, p. 24131, § 12; Amend Coun. J. 2-22-17, p. 43916, Art. VIII, § 10; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 3; Amend Coun. J. 11-26-19, p. 11547, § 9)
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