(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)