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)

4-75-090 Permitted amusements and other activities – Exceptions.

   (a)   If an amusement, as set forth in items (1) through (4) of this subsection, is incidental or secondary to the primary activity of the children's services facility, and such children's services facility is not a day care center as defined in Section 4-75-010, then, a licensee under this chapter may conduct any amusement described in items (1) through (4) of this subsection on the licensed premises without the need to obtain a public place of amusement license under Article III of Chapter 4-156 of this Code, or indoor special events license under Article IV of Chapter 4-156 of this Code, or public place of amusement license to engage in the business of performing arts venue under Article V of Chapter 4-156 of this Code, as follows:

      (1)   Such licensee is permitted to have no more than three automatic amusement devices in the facility, which shall only be used by children at the facility;

      (2)   Such licensee is permitted to hold recitals, performances or tournaments in which children at the facility are the participants;

      (3)   Such licensee is permitted to hold performances for children at the facility, including, but not limited to, theatrical, dramatic or musical performances;

      (4)   Such licensee is permitted to hold private events at the licensed facility.

   (b)   A licensee under this chapter may obtain a retail food license to serve food or beverages at the facility, if (i) the service of food or beverages at the facility is incidental or secondary to the primary activity of the facility; and (ii) the facility is not a day care center as defined in Section 4-75-010.

(Added Coun. J. 5-9-12, p. 27485, § 41; Amend Coun. J. 11-8-12, p. 38872, § 93; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 4)

4-75-100 Prohibited activities and amusements.

   No licensee under this chapter shall:

   (1)   Hold a liquor license for the sale of alcohol at the licensed facility;

   (2)   Hold a license for the sale of tobacco products at the licensed facility;

   (3)   Permit the consumption of alcohol at the licensed facility; or

   (4)   Hold or conduct any amusement at the licensed facility, other than those amusements authorized under Section 4-75-090.

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

4-75-110 Legal duties – All licensees.

   In addition to complying with all applicable requirements set forth in Chapter 4-4 of this Code, each licensee under this chapter shall have a duty to:

   (1)   make such reports to the department as the department may from time to time require in duly promulgated rules and regulations;

   (2)   prior to hiring any manager, employee or other staff personnel who have or will have contact with children at the licensed facility, to conduct a State of Illinois and Federal Bureau of Investigation ("FBI") fingerprint-based record search to determine whether such person has a criminal background of the type prohibited under paragraphs (2) and (3) of subsection (a) of Section 4-75-040. The fingerprints and any information regarding the background checks shall be kept on file at the facility and shall be open to inspection by any authorized city official at all times.

(Added Coun. J. 5-9-12, p. 27485, § 41; Amend Coun. J. 11-8-12, p. 38872, § 94)