4-305-040 Procedures and provisions for adequate lighting – Date of compliance.

   (a)   Each operator of a remote service terminal installed on or after July 1, 1994, shall comply with the provisions of this chapter commencing on the date the remote service terminal is installed. Compliance with the provisions of this chapter by operators as to remote service terminals existing as of July 1, 1994 shall be optional until July 1, 1995 and mandatory thereafter. This chapter shall apply to an operator of a remote service terminal only to the extent that the operator controls the access area or defined parking area to be lighted.

   (b)   If an access area or a defined parking area is not controlled by the operator of the remote service terminal, and if the person who leased the remote service terminal site to the operator controls the access area or defined parking area, the person who controls the access area or defined parking area shall comply with the provisions of this chapter as to any remote service terminals installed on or after July 1, 1995, commencing on the date the remote service terminal is installed and, as to any remote service terminal existing as of July 1, 1994, commencing no later than on July 1, 1995.

   (c)   The operator or other person responsible for the remote service terminal shall provide lighting during the hours of darkness with respect to an open and operating remote service terminal and any defined parking area, access area and the exterior of an enclosed remote service terminal installation according to the following standards:

      (i)   There shall be a minimum of ten candlefoot power at the face of the remote service terminal and extending in an unobstructed direction outward five feet;

      (ii)   There shall be a minimum of two candlefoot power within 50 feet from all unobstructed directions from the face of the remote service terminal. In the event the remote service terminal is located within ten feet of the corner of the building and the remote service terminal is generally accessible from the adjacent side, there shall be a minimum of two candlefoot power along the first 40 unobstructed feet of the adjacent side of the building; and

      (iii)   There shall be a minimum of two candlefoot power in that portion of the defined parking area within 60 feet of the remote service terminal.

(Added Coun. J. 11-17-93, p. 42123)

4-305-050 Notices to customers – Date of compliance.

   (a)   The issuer of an access device shall furnish a customer receiving the device with a notice of basic safety precautions which the customer should employ while using a remote service terminal. This information shall be furnished by personally delivering or by mailing the information to each customer whose mailing address as to the account to which the access device relates is in the City of Chicago.

   (b)   If an access device is issued on or after July 1, 1995, the information described in this section shall be furnished at or before the time the customer is furnished with his or her access device. With respect to a customer to whom an access device has been issued prior to July 1, 1994, the information shall be delivered on or before July 1, 1995.

   (c)   Only one notice need be furnished per household, and if access devices are furnished to more than one customer for a single account or set of accounts or on the basis of a single application or other request for access device, only a single notice need be furnished in satisfaction of the notification responsibilities as to those customers.

   (d)   The information may be included with other disclosures related to the access device furnished to the customer, such as with any initial or periodic disclosure statement furnished pursuant to the federal Electronic Fund Transfer Act.

(Added Coun. J. 11-17-93, p. 42123)

4-305-060 Record keeping.

   (a)   Each operator of a remote service terminal shall maintain records for each separate remote service terminal location. These records are to be updated annually and should contain information on the following subjects:

      (i)   Measures taken to comply with and maintain compliance with this chapter. Specifically, the procedures adopted pursuant to Section 4-305-030 of this chapter, including measures taken to comply with the lighting, landscaping and notice requirements of this chapter; and

      (ii)   Information on any criminal or threatening activity occurring at the remote terminal site, such information obtained either through actual knowledge or through police reports.

   (b)   Each operator of a remote service terminal located in the City of Chicago shall file a copy of the records to be maintained pursuant to subsection (a)(i) of this section with the clerk of the City of Chicago. These records must be updated by a filing with or certification to the clerk of the City of Chicago made not less frequently than annually. Each operator of a remote service terminal located in the City of Chicago shall make records to be maintained pursuant to subsection (a)(ii) of this section with respect to such remote service terminal available for inspection by the superintendent of police during normal business hours.

(Added Coun. J. 11-17-93, p. 42123)

4-305-070 Remote service terminals to which this chapter does not apply.

   This chapter does not apply to any remote service terminal which is located:

   (i)   Inside a building, unless it is an installation that exists for the sole purpose of providing an enclosure for the remote service terminal; or

   (ii)   Inside a building, except to the extent a transaction can be conducted from outside the building; or

   (iii)   In any area, including any access area, building, enclosed space or parking area, that is not controlled by the operator.

(Added Coun. J. 11-17-93, p. 42123)

4-305-080 Persons or entities to which this chapter does not apply.

   The provisions of this chapter shall not be construed to create any duty, responsibility or obligation for any person or entity whose primary function is to provide for the exchange, transfer or dissemination of electronic fund transfer data and is not otherwise a financial institution or an operator, as defined in this chapter, and such person or entity shall have no liability of any nature to any customer or user of a remote service terminal and shall not be named in any action by a customer or user of a remote service terminal for any claim concerning any provision of this chapter or relating to the use or attempted use of a remote service terminal.

(Added Coun. J. 11-17-93, p. 42123)