4-227-040 License issuance and renewal – Prohibited when.

   (a)   No license to engage in the business of towing shall be issued to the following persons:

      (1)   any person who is under the age of 18;

      (2)   any person who, within five years of the date of application or renewal has 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 any felony, unless, upon 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;

      (3)   any person whose license under this chapter has been revoked at any time within the last four years; or

      (4)   any person who knowingly files false or incomplete information or signatures on any license or renewal application filed under this chapter.

   (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 such eligibility may result in license suspension or revocation in accordance with Section 4-4-280.

(Added Coun. J. 5-26-21, p. 30457, § 3)

4-227-050 License – Posting.

   The license required under this chapter or a legible copy thereof shall be posted in a conspicuous place within a part of the storage lot to which the public has access. The licensee or its agent shall be required to produce the license upon request from an authorized City official, or from the operator or owner of a vehicle that has been subject to a tow, or their authorized agent.

(Added Coun. J. 5-26-21, p. 30457, § 3)

4-227-060 Registration emblems.

   (a)   The Department shall issue to every licensee a registration emblem for every tow truck that the licensee provides or engages for use in the City. Registration emblems shall be issued within ten days of initial licensing under this chapter.

   (b)   Every licensee shall affix or display, in a manner determined by rule, a registration emblem on or in every tow truck that is used in the City. If a tow truck does not affix or display a registration emblem as required by this subsection, then the licensee shall be prohibited from using or permitting the use and operation of the tow truck in the City.

   (c)   The Department shall not issue a registration emblem to a licensee if the licensee has failed to pay any tax, interest, or penalty that has been assessed by the Department, unless one or more of the following conditions is true:

      (1)   the licensee is contesting liability for the tax in a pending administrative or judicial proceeding;

      (2)   the licensee has filed a petition in bankruptcy and the full amount of the tax due to the City is dischargeable in bankruptcy;

      (3)   the licensee has entered into an agreement with the department for the payment of the entire tax, interest, and penalty, and the licensee is in compliance with the agreement.

   (d)   Immediately upon the sale of any tow truck, the seller or the purchaser shall remove the registration emblem from the vehicle. It shall be unlawful for the purchaser to use the vehicle unless the registration emblem has been removed; or

   (e)   except as provided in subsection (c) of this section, any licensee may request that the Department issue a registration emblem if the licensee acquires or engages for use a new, used, or additional tow truck, subject to the payment of an increased license fee under Section 4-5-010(42), if applicable.

(Added Coun. J. 5-26-21, p. 30457, § 3; Amend Coun. J. 1-26-22, p. 43395, § 2)

4-227-070 License – Fee – Termination.

   The license fee shall be as set forth in Section 4-5-010. A separate license fee shall be required for each separate tow truck and storage lot that the licensee operates or maintains. The license shall expire on the date indicated on the face of the license.

(Added Coun. J. 5-26-21, p. 30457, § 3)

4-227-080 Prohibited acts.

   (a)   Generally applicable prohibitions. It shall be unlawful for any licensee, or any employee or agent of any licensee, to:

      (1)   violate any requirement of Chapter 9-44 of this Code or in any rule duly promulgated thereunder;

      (2)   violate any requirement in the Illinois Commercial Safety Towing Law or any rule duly promulgated thereunder; or

      (3)   engage in any of the following practices:

         (i)   stop at or near the scene of a motor vehicle accident or at or near a damaged or disabled vehicle for the purpose of soliciting the vehicle owner or operator to enter into a towing service transaction in violation of Section 11-1431 of the Illinois Vehicle Code, codified at 625 ILCS 5/11-1431;

         (ii)   stop at or near the scene of a motor vehicle accident or at or near a damaged or disabled vehicle unless called to the location by a law enforcement officer, the Illinois Department of Transportation, the Illinois State Toll Highway Authority, or any department or sister agency of the City, the owner or operator of the damaged or disabled vehicle, or the owner or operator's authorized agent, including the owner or operator's insurer or a motor club of which the owner or operator is a member;

         (iii)   make any false, misleading, or threatening statement or representation, or any other false statement of material fact to the vehicle owner or operator for the purpose of, or any statement to the owner or operator which has the effect of, coercing the owner or operator to engage the licensee's towing services, including any misrepresentations that the licensee is approved by, authorized by, or otherwise affiliated with any insurance company or government agency, or that any insurance company or other third-party will pay all or any portion of the charges for the towing service transaction.

   (b)   It shall be unlawful for any person engaged in the business of towing to impersonate or otherwise falsely represent themselves as a member or representative of any unit of government or law enforcement agency, including through: (1) a false statement; (2) a false display of any signage, emblems, or any other distinctive signage, or any counterfeit or imitation of the foregoing; (3) any act that falsely represents that the person has a current affiliation with a unit of government or law enforcement agency; or (4) any act that falsely represents that person is a member or representative of any unit of government or law enforcement agency.

   (c)   Release of improperly towed vehicles. Any licensee, or any employee or agent of a licensee, that solicits or tows a vehicle in violation of subsection (a) of this section shall release such vehicle, without payment or lien, to the owner of the vehicle upon request.

   (d)   Additional prohibitions. It shall be unlawful for any licensee, or any employee or agent of a licensee, to violate any requirement of Chapter 9-84 of this Code or in any rule duly promulgated thereunder or violate any requirement in the Illinois Commercial Relocation of Trespassing Vehicles Law or any rule duly promulgated thereunder, if applicable.

(Added Coun. J. 5-26-21, p. 30457, § 3)

4-227-090 Recordkeeping.

   Each licensee under this chapter shall keep the following documentation, and shall produce such documentation for inspection upon request from the Department or any law enforcement agency:

   (a)   a list of all current and former tow truck drivers engaged by the licensee, including their name, address, date of birth, driver's license number, and periods of time during which the driver was engaged by the applicant; provided that such recordkeeping for former tow truck drivers shall only apply for one year after a driver is no longer engaged by the licensee; and

   (b)   records of the make, model, year, license plate number, Vehicle Identification Number (VIN), and a copy of any applicable authorization for each vehicle towed, relocated, or stored.

(Added Coun. J. 5-26-21, p. 30457, § 3)

4-227-100 Licensed storage lots.

   No licensee may tow a vehicle under this chapter to a location other than a licensed storage lot operated by the licensee or a location owned or operated by a person licensed pursuant to Chapter 4-228, unless the operator or owner of the vehicle to be towed affirmatively requests such vehicle be towed to another location.

(Added Coun. J. 5-26-21, p. 30457, § 3; Amend Coun. J. 1-26-22, p. 43395, § 2)

4-227-110 License – Suspension or revocation.

   (a)   Except as provided in subsection (b) of this section, three or more violations of this chapter by any licensee, or any employee or agent of a licensee, including any licensee previously operating under a different name, on any three or more different days within any 24-month period may result in license suspension or revocation in accordance with Section 4-4-280.

   (b)   Any violation of Section 4-227-080(a)(3), 4-227-080(b), or 4-227-080(c) by any licensee, or any employee or agent of a licensee, shall result in immediate license revocation proceedings.

(Added Coun. J. 5-26-21, p. 30457, § 3)

4-227-120 License revocation – Four-year wait for a new license.

   No person whose license under this chapter is revoked shall be granted another license under this chapter under the same or a different name for a period of four years after the date of revocation.

(Added Coun. J. 5-26-21, p. 30457, § 3)