4-75-020 License – Required.

   No person shall engage in the business of children's services facility without first having obtained a license under this chapter.

(Added Coun. J. 5-9-12, p. 27485, § 41)

4-75-030 License – Application.

   (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)

4-75-040 License issuance and renewal – Prohibited when.

   (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;

      (8)   any applicant or licensee, as applicable, that holds a liquor license under Chapter 4-60 of this Code for the sale of alcohol at the licensed facility or a license under Chapter 4-64 of this Code for the sale of tobacco products at the licensed facility;

      (9)   any applicant or licensee, as applicable, that is seeking a night care privilege within the meaning of Section 4-75-150 unless all applicable requirements set forth in Section 4-75-150 have been met.

   (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)

4-75-050 License renewal.

   All licenses issued under this chapter shall be renewed in accordance with the requirements set forth in Chapter 4-4 of this Code.

(Added Coun. J. 5-9-12, p. 27485, § 41)

4-75-060 License fee.

   The fee for a license under this chapter shall be as set forth in Section 4-5-010 of this Code. Provided, however, that day care centers which are operated without a charge being made for the care of children shall be exempt from payment of the license fee.

(Added Coun. J. 5-9-12, p. 27485, § 41)

4-75-070 License – Posting – Nontransferablity.

   Each license issued under this chapter shall be posted in a conspicuous place near the main entrance of the licensed facility. Such license shall not be subject to sale, assignment or transfer, whether voluntary or involuntary, and shall be valid only for the location identified in the license application.

(Added Coun. J. 5-9-12, p. 27485, § 41; Amend Coun. J. 11-8-12, p. 38872, § 92)

4-75-080 Insurance – Required.

   Each licensee under this chapter shall furnish proof of insurance, evidencing 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 the State of 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 throughout the duration of the license period. Upon request by any authorized city official, a proof of insurance shall be made available for inspection by such city official.

(Added Coun. J. 5-9-12, p. 27485, § 41; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 16; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 12)