4-168-040 License – Application.

   Application for a bicycle messenger service license shall be made in writing to the commissioner on a form provided by the commissioner and signed and sworn to by the applicant or, if the applicant is a corporation, by its authorized agent. Each application shall contain:

      (a)   The full name, residence and business address and the business telephone number of the applicant;

      (b)   If the applicant is a corporation:

         (1)   The corporate name and business of the applicant;

         (2)   The date and state of incorporation; and

         (3)   The names, residence addresses and residence telephone numbers of the corporate officers;

      (c)   If the applicant is a partnership:

         (1)   The name and business address and telephone number of the principal office or place of business of the applicant;

         (2)   The names, residence addresses and residence telephone numbers of all partners; and

         (3)   The name, address and telephone number of a person authorized to receive notices issued pursuant to this chapter.

   Each corporate applicant for a bicycle messenger license shall be organized and qualified to do business under the laws of the State of Illinois.

(Added Coun. J. 7-29-92, p. 20042; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 5-9-07, p. 105047, § 11; Amend Coun. J. 11-8-12, p. 38872, § 106)

4-168-050 Insurance – Required.

   (a)   Each applicant for a bicycle messenger service license shall provide proof that the applicant and each bicycle operator engaged by each applicant has commercial general liability insurance coverage with limits on not less than $300,000.00 per occurrence for bodily injury, personal injury and property damage arising in any way from the license or activities conducted pursuant to the license. In addition, worker's compensation coverage must be provided as required by state law.

   (b)   Any insurance policy required by this section must: (i) be in a form satisfactory to the commissioner, (ii) be maintained in full force and effect at all times throughout the duration of the license period, (iii) be issued by an insurer authorized to insure in Illinois, and (iv) provide that the policy will not be canceled and the amount of coverage will not be changed unless 30 days' prior written notice is given to the commissioner. A single violation of this section shall result in cancellation or suspension of the license.

(Added Coun. J. 7-29-92, p. 20042; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 5-9-12, p. 27485, § 84; Amend Coun. J. 6-6-12, p. 28356, § 1C; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 17)

4-168-060 Records on bicycle operators – Required.

   Every licensee shall maintain records of all bicycle operators operating on the licensee's behalf. The records shall include the name and address of each bicycle operator and the identification number or letters required under Section 4-168-070 for each operator. The identification number or letters assigned to a bicycle operator shall not be assigned to or used by any other operator unless such transfer is necessary because of a change in employment status. The records required by this section shall be made available to the commissioner at his or her request, and shall be maintained for at least two years.

(Added Coun. J. 7-29-92, p. 20042; Amend Coun. J. 12-9-92, p. 25465)

4-168-070 Helmet and visible identification – Required.

   (a)   Every licensee shall supply each bicycle operator operating on the licensee's behalf: (1) a safety helmet meeting nationally recognized safety requirements; and (2) a safety vest or other garment of a bright color, prominently displaying the name of the licensee in letters at least one and one-half inches high, and a number or letters or a combination thereof at least four inches high which, in conjunction with the displayed name of the licensee, will form a unique combination permitting identification of the bicycle operator. All letters and numbers shall be of a color contrasting with the background of the garment. The identification number or letters required by this paragraph shall also appear on the bicycle or low-speed electric mobility device in accordance with rules and regulations promulgated by the Commissioner.

   (b)   The operation of a bicycle or low-speed electric mobility device on behalf of any licensee without the equipment required by this section is a violation of this section and shall create a rebuttable presumption that the licensee has violated this section.

(Added Coun. J. 7-29-92, p. 20042; Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-20, p. 21525, § 1)

4-168-080 Identification card – Required.

   (a)   Every licensee shall issue to each bicycle operator an identification card containing at least the following information:

      (1)   The bicycle operator's name;

      (2)   The bicycle operator's identification number or letters that he is required to wear pursuant to Section 4-168-070;

      (3)   The licensee's name, business address, telephone number and bicycle messenger service license number; and

      (4)   The name of the insurance company that has issued the insurance policy required under Section 4-168-040 and the policy number of such policy.

   The identification card must also display a clear photograph of the bicycle operator.

   (b)   No bicycle operator may operate a bicycle on behalf of any licensee without having on his person an identification card meeting the requirements of subsection (a) of this section. Any such person must permit a city employee who has the responsibility to enforce this chapter to examine such card whenever the city employee on the course of his or her duties asks the person to do so. The failure of a bicycle operator to comply with this section shall create a rebuttable presumption that the licensee has violated this section.

(Added Coun. J. 7-29-92, p. 20042; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-20, p. 21525, § 1)

4-168-090 License – Suspension or revocation.

   Upon the determination that a person has violated any provision of this chapter or any rule or regulation promulgated hereunder, the commissioner may institute an administrative adjudication proceeding with the department of administrative hearings by forwarding a copy of a notice of violation or a notice of hearing, which has been properly served, to the department of administrative hearings; provided, however, suspension or revocation of a license shall be accordance with the requirements of Chapter 4-4 of the Municipal Code.

(Added Coun. J. 7-29-92, p. 20042; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 7-10-96, p. 24982; Amend Coun. J. 11-12-97, p. 56813; Amend Coun. J. 4-29-98, p. 66564; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 5-9-07, p. 105047, § 11; Amend Coun. J. 11-8-12, p. 38872, § 107)

4-168-100 Administration authority.

   The commissioner shall have the authority to promulgate rules and regulations necessary or desirable for the administration of this chapter.

(Added Coun. J. 7-29-92, p. 20042; Amend Coun. J. 12-9-92, p. 25465)

4-168-110 Rules and regulations – Enforcement authority.

   The commissioner shall have the authority to administer and enforce this chapter. The department of police shall have the authority to enforce the safety- related provisions of this chapter and all traffic laws, ordinances, rules and regulations as they apply to bicycle messenger operators.

(Added Coun. J. 7-29-92, p. 20042; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 5-9-07, p. 105047, § 11)

4-168-120 Violation – Penalty.

   Any person who violates this chapter shall be subject to a fine of not less than $100.00 and not more than $500.00 for each such violation. However, any person who violates this chapter by engaging in the occupation of providing bicycle messenger services without a license required by this chapter shall be subject to a fine of not less than $100.00 and not more than $1,000.00. Each day that any violation shall continue shall be deemed a separate and distinct offense. A second or subsequent violation of this chapter committed within 12 months after a previous violation of this chapter may be punished as a misdemeanor by a fine of up to $500.00, or a period of incarceration not exceeding seven days, or community service, or any combination thereof, pursuant to Section 1-2-1.1 of the Illinois Municipal Code.

(Added Coun. J. 7-29-92, p. 20042; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-20, p. 21525, § 1)