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(a) An applicant is qualified to receive and maintain a public chauffeur license if the applicant:
1. has possessed a valid permanent driver's license of any state, district or territory of the United States, for at least one year, and shall not currently have a suspended or revoked driver's license in any state, district, or territory of the United States;
2. is at least 21 years of age;
3. [Reserved];
4. [Reserved];
5. has successfully completed a training course and license examination as prescribed by the Commissioner, unless deemed unnecessary for that applicant pursuant to rule;
6. [Reserved];
7. does not owe debt to the City as the term "debt" is defined in Section 4-4-150 of this Code;
8. [Reserved];
9. has not been convicted, found liable, placed on supervision or any similar deferral program, or subject to conditional discharge for three or more traffic regulations governing the movement of vehicles of any kind in any jurisdiction:
(i) for new license applicants, for violations that occurred within a 12-month period preceding the application; or
(ii) for renewal license applicants, for violations that occurred within a 12-month time frame during the applicant's last license term;
10. has not had a previous public chauffeur license application denied, rescinded, within the 12-month period preceding the date of application;
11. has not had a previously issued public chauffeur license revoked within the 3-year period preceding the date of application;
12. [Reserved];
13. has not been: (i) required to register as a sex offender pursuant to the Sex Offender Registration Act (730 ILCS 150/1, et seq.) or a comparable law of another jurisdiction; or (ii) required to register as a violent offender against youth pursuant to the Murderer and Violent Offender Against Youth Registration Act (730 ILCS 154/1, et seq.) or a comparable law of another jurisdiction; or (iii) sentenced by a court of any jurisdiction to a life-time parole or supervision; or (iv) currently under an outstanding arrest warrant issued by a court of any jurisdiction;
14. has not had his driver's license cancelled, suspended or revoked by any governing jurisdiction as a result of a driving-related incident within the 12-month period preceding the date of application; and
15. has not, within the 3-year period preceding the date of application, been convicted by a court of any jurisdiction, in custody, under parole, under any other non-custodial supervision, or any similar deferral program, or subject to conditional discharge, resulting from a finding or determination of guilt by a court of any jurisdiction, for any of the following offenses:
(i) any forcible felony as defined by Article 2-8 of the Illinois Criminal Code of 2012, codified at 720 ILCS 5/2-8;
(ii) any controlled substance trafficking (as provided in 720 ILCS 570/401.1 or comparable law) or trafficking in persons (as provided in 720 ILCS 5/10-9 or comparable law);
(iii) operating a motor vehicle under the influence of a controlled substance, cannabis, alcohol or other substance which impairs one's ability to safely operate a motor vehicle (as provided in 625 ILCS 5/11-501 or comparable law);
(iv) criminal sexual assault (as provided in 720 ILCS 5/11-1.20 or comparable law), criminal sexual abuse (as provided in 720 ILCS 5/11-1.50 or comparable law), promoting prostitution (as provided in 720 ILCS 5/11-14.3 or comparable law), child pornography (as provided in 720 ILCS 5/11-20.1 or comparable law), stalking (as provided in 720 ILCS 5/12-7.3 or comparable law), or any similar offense;
(v) unlawful use or possession of a weapon or firearm (as provided in Chapter 24 of the Illinois Criminal Code of 2012 or comparable law);
(vi) arson (as provided in 720 ILCS 5/20-1 or comparable law);
(vii) racketeering or organized criminal activity (as provided in 720 ILCS 5/33G-1, et seq., or comparable law); or
(viii) any crime that raises public safety concerns, as determined by the Commissioner; and
16. has not, within the 1-year period preceding the date of application, been convicted or released from incarceration, whichever occurs later, for any of the following offenses: (i) any non-forcible felony, as the term felony is defined in Section 2-7 of the Illinois Criminal Code of 2012, codified at 720 ILCS 5/2-7; (ii) identity theft; (iii) forgery or counterfeiting; or (iv) theft of property valued over $1,000.
(b) An applicant who has been charged with the commission of a felony as defined in Section 2-7 of the Illinois Criminal Code of 2012, codified at 720 ILCS 5/2-7, or a felony in another jurisdiction, or any crime that raises public safety concerns, as determined by the Commissioner, shall not be eligible for a public chauffeur license until final disposition of such charges.
(c) Any conviction for a minor cannabis offense, as defined in Section 4-4-005, shall not disqualify an applicant.
(d) Eligibility for issuance of any license under this chapter shall be a continuing requirement for maintaining such license.
(Added Coun. J. 3-16-16, p. 20056, § 1; Amend Coun. J. 6-22-16, p. 27771, § 2; Amend Coun. J. 11-21-17, p. 61755, Art. IX, § 2; Amend Coun. J. 11-26-19, p. 11547, § 15; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 4)
Application for a new or renewed public chauffeur license shall be made in writing to the department on a form provided by the commissioner, and the application shall be signed and sworn to by the person seeking a public chauffeur license. The application form shall require the following information:
1. the applicant's full name and residence address;
2. the applicant's date of birth;
3. the applicant's driver's license number; and
4. such other information the commissioner may reasonably require in connection with the issuance or renewal of a license.
(Added Coun. J. 3-16-16, p. 20056, § 1)
(a) Upon receipt of an application for the issuance or renewal of a license, the Commissioner may investigate the applicant for compliance with all applicable provisions of this Code and applicable rules.
(b) As part of the investigation prescribed by subsection (a), every applicant shall: (1) submit to a criminal background check as defined by Section 9-104-010; (2) submit to additional checks as the Commissioner sets forth in rules; and (3) provide photos of the applicant as required by the Commissioner. Applicants shall be responsible for the costs of the criminal background check, any additional checks, and photos.
(c) As part of the application process, fees sufficient to cover the costs of processing the requirements of subsection (b) shall be assessed in addition to the license fees set forth in Section 9-104-030 of this chapter. The fees will be assessed regardless of whether the license applied for is issued or denied. The amount of the fees shall be as set forth by rules promulgated by the Commissioner.
(d) The Commissioner may deny a license to an applicant who submits an application or any information or document that includes an omission or misstatement of material fact, or false information.
(e) After investigating an applicant as provided in subsection (a) and this section, the Commissioner has the authority to deny a license if the applicant does not meet the requirements for the issuance or renewal of a license. Such investigation may include, but is not limited to, a review of the applicant's application, criminal record, driving record, complaint history, and any other information that may be reasonably relied upon to issue a license.
(f) If an application for the issuance or renewal of a public chauffeur license is denied, the applicant may, within 10 days of the mailing of the notice of denial, make written demand upon the Commissioner for a hearing. Upon receipt of a timely written demand for a hearing, the Department shall within 30 days conduct a hearing. If at such a hearing the applicant establishes through competent evidence that the denial was based upon incorrect findings, the Commissioner shall issue the license. If at such a hearing the denial is found to have been based upon correct findings, the denial shall become final. After entry of a final denial, the applicant shall be ineligible to make a new application for a period of 12 months.
(Added Coun. J. 3-16-16, p. 20056, § 1; Amend Coun. J. 11-21-17, p. 61755, Art. IX, § 3)
(a) The commissioner has the authority to rescind any license obtained erroneously, illegally, by fraud, by misrepresentation, by willful misstatement or omission of any material fact or statement filed with the commissioner, the city comptroller, or any city department.
(b) If a license is rescinded, the former licensee may, within ten days of the mailing of the notice of rescission, make written demand upon the commissioner for a hearing. Upon receipt of a timely written demand for a hearing, the department shall within 30 days conduct a hearing. If at such a hearing the applicant establishes through competent evidence that the rescission was based upon incorrect findings, the commissioner shall issue the license. If at such a hearing the rescission is found to have been based upon correct findings, the rescission shall become final. After entry of a final rescission, the applicant shall be ineligible to make a new application for a period of 12 months.
(Added Coun. J. 3-16-16, p. 20056, § 1)
(a) The Commissioner is authorized to enter into agreements, with the approval of the mayor, with any state-approved vocational or technical schools that provide a training course to public chauffeurs. The agreement may specify the curriculum and tuition cost for such course.
(b) The Commissioner is also authorized to approve the curriculum and tuition cost for public chauffeur courses offered by any private entity not referenced in subsection (a).
(c) The Commissioner is authorized to prescribe, by rule, course curriculum and exam criteria specific to the training and licensing of taxi chauffeurs and restricted public chauffeurs. The training course for public chauffeurs shall include:
(1) Guidelines on transporting passengers in a safe manner, consistent with the City's initiative to reduce and eliminate fatalities and serious injuries from traffic crashes (Vision Zero Initiatives);
(2) Guidelines on driving in the City, including rules of the road specific to the City;
(3) Guidelines for a zero-tolerance policy regarding use of intoxicating substances while operating any vehicle with a public chauffeur license;
(4) Guidelines on providing service to people with disabilities;
(5) Guidelines on compliance with the City's laws specific to public transportation, including the City's laws regarding taxis, liveries, pedicabs, and transportation network providers; and
(6) Guidelines and information on compliance with other applicable laws and rules.
(d) The Commissioner may, by rule, authorize the issuance of temporary licenses for public chauffeurs in training.
(Added Coun. J. 3-16-16, p. 20056, § 1; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 4)
The commissioner is authorized to promulgate rules for the proper administration and enforcement of this chapter and any other applicable section of this Code to facilitate a safe environment for licensees, passengers and the public, and in order to promote orderly, efficient, and professional conduct by licensees. The commissioner is also authorized to promulgate rules to impose any fees reasonably related to the cost of administration as specifically authorized in this chapter.
(Added Coun. J. 3-16-16, p. 20056, § 1)
A licensee must comply with 775 ILCS 30/1, et seq. by accepting passengers with service animals. Any licensee found to have refused transportation to a person with a service animal shall be fined $500.00 and have his license suspended for 29 days for the first offense. Any licensee found to have committed, a subsequent offense of this section shall have his license revoked and shall be fined $500.00. For purposes of this section, the term "service animal" has the meaning ascribed to this term in 28 CFR § 35.104.
(Added Coun. J. 3-16-16, p. 20056, § 1; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 4)
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