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)

4-75-120 Prohibited acts – All licensees.

   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)

4-75-130 Additional legal duties for day care centers.

   If the children's service facility is a day care center, the licensee of such facility shall also have a duty to:

   (1)   provide personnel sufficient in number and qualified by training or experience to provide proper and adequate supervision for the number of children to be cared for at the licensed facility;

   (2)   comply with all applicable building, health, zoning and fire provisions of this Code;

   (3)   comply with all applicable rules, regulations and minimum standards for licensed day care centers promulgated by the Commissioner of Public Health or State of Illinois;

   (4)   comply with (i) all applicable requirements pertaining to school vehicles as set forth in Chapter 9-116 of this Code, including, but not limited to, any registration requirement for such vehicle; and (ii) the State of Illinois' "Transportation Standards", codified at 89 Ill. Adm. Code § 407.280, if any vehicle is used to transport children on behalf of the day care center;

   (5)   If care will be provided to any child under the age of two, locate the day care center two feet above or two feet below or level with the sidewalk, public way or other open space at least 30 feet wide.

(Added Coun. J. 5-9-12, p. 27485, § 41; Amend Coun. J. 2-24-21, p. 27657, Art. III, § 19)

4-75-150 Night care privilege.

   If the children's service facility is a day care center and the licensee desires to provide night care at such facility, the following requirements shall apply:

   (a)   No licensee shall operate a day care center between the hours of 9:00 p.m. and 6:00 a.m. without a night care privilege granted under this section;

   (b)   An application for a night care privilege may be filed with the Department as part of an initial or renewal application for a license under this chapter;

   (c)   In addition to the other requirements for a children's service facility license, every applicant for a night care privilege shall comply with the following:

      (1)   The State of Illinois' standards for "Evening, Night, Weekend, and Holiday Care", codified at 89 Ill. Adm. Code § 407.240;

      (2)   The State of Illinois' standards for "Napping and Sleeping", codified at 89 III. Adm. Code § 407.350;

      (3)   Any day care center required to provide a fire alarm system under Section 14X-5-504.6 shall either be directly connected to a City fire alarm box as provided in Section 14B-9-919 or connected to a central station service as provided in Section 14B-9-919 when operating between the hours of 9:00 p.m. and 6:00 a.m. All day care centers located on a floor that is above or below ground level shall comply with the fire resistive separation requirements for institutional occupancies that are day care centers serving children under two years of age, as set forth in Chapter 14B-5;

      (4)   The exterior of all entrances and exits of the building in which the day care center is located shall be adequately lighted at all times;

      (5)   Every window of the day care center which is operable and which is located within 20 feet of ground level or within ten feet of an adjacent roof or within ten feet of an exterior stairway, fire escape, ramp, porch or other structure accessible from the ground level shall be (i) equipped with a lock which, when in a locked position, will prevent the window from being operated; and (ii) equipped with a motion detector or other detection device which sounds when the window is operated while in a locked position; and (iii) capable of being opened without a key from the inside of the building;

      (6)   All doors of the day care center used in connection with exits, as defined in Chapter 14B-2, shall comply with the hardware requirements set forth in Section 14X-5-505.8;

      (7)   Each door that permits direct access to the day care center shall be equipped with an alarm or other detection device that sounds whenever a locked door is opened;

      (8)   The emergency system and exit lighting system of the day care center shall comply with Title 14E of this Code;

      (9)   During the hours of 9:00 p.m. and 6:00 a.m., access to the day care center shall be permitted only from a single door which is equipped with a security system consisting of: (i) an intercom system that permits communication between an employee of the day care center located in a secure reception area and all persons seeking access to the center; and (ii) an electronic lock that is activated by a release button located within a secure reception area but can be opened manually from the inside of the center.

   (d)   The Department of Business Affairs and Consumer Protection shall notify the Departments of Police, Fire, Health, Family and Support Services, and Buildings of the name and address of every children's service facility licensee who has been granted a night care privilege under this section.

   (e)   A night care privilege granted pursuant to this section shall be subject to suspension or revocation upon a finding that the children's service facility operating as a day care center is not in compliance with the requirements of this chapter.

(Added Coun. J. 5-9-12, p. 27485, § 41; Amend Coun. J. 11-8-12, p. 38872, § 96; Amend Coun. J. 9-6-17, p. 55278, Art. II, § 2; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 32; Amend Coun. J. 10-7-20, p. 21791, Art. VII, § 5; Amend Coun. J. 10-27-21, p. 39543, Art. X, § 4)

4-75-160 Departmental duties – Annual inspection – Required.

   Every facility licensed under this chapter shall be inspected annually either by the fire department or department of buildings, pursuant to a coordinated inspection schedule. If, within the 12-month period preceding such annual inspection, the facility was 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 annual inspection requirement herein. The fire department, department of buildings and department of health are authorized to conduct such additional inspections as they deem necessary to maintain health and safety.

(Added Coun. J. 5-9-12, p. 27485, § 41; Amend Coun. J. 5-18-16, p. 24131, § 13; Amend Coun. J. 2-22-17, p. 43916, Art. VIII, § 11)

4-75-170 License – Suspension or revocation.

   The violation of any provision of this chapter may result in license suspension or revocation in accordance with the requirements set forth in Section 4-4-280.

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