It shall be unlawful for any licensee under this chapter to:
(1) hire or otherwise employ any manager, employee or other staff personnel who has or will have contact with children at the licensed facility if such person has a criminal background of the type prohibited under paragraphs (2) and (3) of subsection (a) of Section 4-75-040. Provided, however, that it shall be an affirmative defense to the imposition of any fine under this chapter and to license suspension or revocation if, prior to hiring or employing any such manager, employee or other staff personnel: (1) the licensee initiated, pursuant to the Illinois Uniform Conviction Information Act, codified at 20 ILCS 2635/1 et seq., a state and FBI fingerprint-based record search of the person so hired or employed; and (2) such fingerprint- based record search indicated that the person so hired or employed did not have a criminal background of the type prohibited under paragraphs (2) and (3) of subsection (a) of Section 4-75-040; and (3) the licensee did not acquire any subsequent or independent knowledge that the person so hired or employed had a criminal background of the type prohibited under paragraphs (2) and (3) of subsection (a) of Section 4-75-040;
(2) make any false, misleading or fraudulent statement in such person's license application or to misrepresent any fact in such license application;
(3) use any scheme or subterfuge for the purpose of evading any requirement of this chapter;
(4) be cruel to a child or indifferent to the welfare of a child;
(5) misappropriate the property of a child or other occupant of the licensed facility;
(6) convert the property of a child or other occupant of the licensed facility.
(Added Coun. J. 5-9-12, p. 27485, § 41; Amend Coun. J. 11-8-12, p. 38872, § 95)