9-110-010 Definitions.
9-110-020 Pedicab license – Required.
9-110-030 Pedicab license – Fee and license term.
9-110-040 Pedicab license – Qualifications for license.
9-110-050 Pedicab license – Application.
9-110-060 Investigation and issuance of pedicab license.
9-110-070 Pedicab license – Rescission.
9-110-080 Insurance – Required.
9-110-090 Pedicab license decal and metal plate – Required.
9-110-095 License ineligibility – Indebtedness and child support.
9-110-100 Records.
9-110-110 Pedicab chauffeur license – Required.
9-110-120 Pedicab chauffeur license – Fee.
9-110-130 Pedicab chauffeur license – Application.
9-110-135 Training course and licensing exam for pedicab chauffeurs.
9-110-140 Pedicab chauffeur identification license card.
9-110-150 Operating regulations.
9-110-155 Advertising displays.
9-110-160 Fare schedule and signage.
9-110-170 License suspension or revocation.
9-110-174 Revocation of license on grounds of fraud, misrepresentation, misstatement or omission.
9-110-176 Change of information – Notification required.
9-110-178 Removal or change of officer.
9-110-180 Enforcement authority.
9-110-190 Violation – Penalty.
9-110-200 Rules and regulations.
For purposes of this chapter the following definitions shall apply:
"Commissioner" means the Commissioner of Business Affairs and Consumer Protection.
"Department" means the Department of Business Affairs and Consumer Protection.
"Pedicab chauffeur" means a person who operates a pedicab, including a person who in any manner controls the direction or steering of a pedicab in the City.
"Owner" means a person who owns a pedicab in the City.
"Pedicab" means a pedal-powered public passenger device that is: (i) used to provide transportation for hire upon which a person may ride; (ii) propelled by human power or that meets the requirements of a Class 1 or a Class 2 low-speed electric bicycle, as these terms are defined in Section 9-4-010; and (iii) constructed in such a manner as to allow the carrying of one or more passengers.
"Pedicab licensee" means a person with a license issued pursuant to this chapter.
"Place of business in the City of Chicago" means a location in the City where (1) the City may send, and the pedicab licensee shall accept, notices of hearing or other notices from the City; and (2) a pedicab licensee maintains its business and financial records relating to the license involved.
(Added Coun. J. 4-30-14, p. 80633, § 1; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 5)
No person shall operate a pedicab business without a pedicab license for each pedicab. The pedicab license shall be in addition to any other license or registration required by law. A person engages in a pedicab business by seeking or accepting a fee, an economic benefit of a donation or gratuity, or any form of compensation (goods or services) for providing transportation to passengers in a pedicab.
(Added Coun. J. 4-30-14, p. 80633, § 1; Amend Coun. J. 3-16-16, p. 20056, § 3)
(a) The annual pedicab license fee shall be $250.00 for each pedicab. The license fees shall be paid in advance when the license is issued or renewed.
(b) Except for the initial license period, a pedicab license shall be issued or renewed for a one-year license term starting on April 1.
(c) Nothing in this section, shall affect the rights of the City to impose or collect any other applicable tax upon the use or operation of a pedicab in addition to the license fee.
(d) A pedicab license shall be renewed as provided by rules and regulations promulgated by the Commissioner.
(e) A pedicab license is non-transferable. If any licensee attempts to transfer a license, the Commissioner may revoke such license pursuant to Section 9-110-170.
(f) If the license is not renewed during the time period set by ordinance, a late fee of $125.00 shall be imposed per each expired license term.
(Added Coun. J. 4-30-14, p. 80633, § 1; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 5)
(a) In order to qualify for a license, whether upon initial application or upon application for renewal of a license:
(1) an applicant shall be in compliance with all applicable City, State of Illinois and federal laws;
(2) an individual applicant or officers of the applicant, as specified in Section 9-110-050, must be at least 18 years of age; and
(3) an applicant shall have a place of business in the City of Chicago:
(i) with respect to any corporate applicant, the company shall be organized or qualified to do business under the laws of the State of Illinois and have a place of business in the City of Chicago; or
(ii) with respect to a partnership applicant, the partnership shall have a place of business in the City of Chicago; or
(iii) with respect to any applicant other than a company or partnership, the applicant shall reside and be domiciled in the City of Chicago.
(4) an applicant does not owe debt to the City as the term "debt" is defined in Section 4-4-150 of this Code.
(b) In determining whether an applicant is qualified for a license, or the renewal thereof, the Commissioner shall take into consideration:
(1) The character and reputation of the applicant or its members, officers or directors, including, if applicable, the disciplinary record of the applicant in the operation of his pedicab and the disciplinary record of the applicant, or of any officer or director of a corporate applicant, as a City licensee;
(2) The applicant's financial ability to render lawful, safe, suitable and comfortable service and to maintain or replace the equipment for such service;
(3) The applicant's ability to maintain mandated insurance, including, but not limited to, liability insurance and worker's compensation insurance as required by state law for the payment of personal injury, death, property damage, or other insurable claims; and
(4) The applicant's financial ability to pay all judgments and awards which may be rendered for any cause arising out of the operation of a pedicab.
(c) No applicant is eligible for a license if: (1) any pedicab license held by the applicant, by any officer or director of a corporate applicant or partner of a partnership applicant (i) has been revoked within the previous three years, or (ii) has been denied or rescinded within the 12-month period preceding the date of application; or (2) if the applicant, or any officer or director of a corporate applicant or partner in a partnership applicant, within the three years immediately preceding the date of his application, has been either convicted, or in custody, under parole or under any other noncustodial supervision resulting from a conviction in a court of any jurisdiction for the commission of any felony as defined by Article 2 of the Illinois Criminal Code of 2012, codified at 720 ILCS 5/2-0.5 et seq., or its equivalent under federal or other jurisdictional law. Provided, however, that this subsection (c) shall not apply to any conviction for a minor cannabis offense, as defined in Section 4-4-005.
In the case of a company licensee, if any officer, member, shareholder or director of the licensee is convicted of a felony, the licensee shall sever its relationship with any such officer, shareholder or director immediately upon such conviction or any license issued to such company licensee shall be subject to revocation pursuant to Section 9-110-170.
(d) Eligibility for issuance of any license under this chapter shall be a continuing requirement for maintaining such license.
(Added Coun. J. 4-30-14, p. 80633, § 1; Amend Coun. J. 1-27-21, p. 26741, Art. II, § 11; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 5)
Application for the issuance or renewal of a pedicab license shall be made in writing to the department on a form provided by the department and signed and sworn to by the pedicab license applicant or, if the applicant is a company, by its authorized agent. Each application shall contain at a minimum:
(1) If the license applicant is an individual:
(i) The individual's full name, social security number, residence address, business address, business e-mail address and business telephone number;
(ii) Proof that the applicant is at least 18 years of age;
(2) If the license applicant is a corporation:
(i) The corporate name, business address and telephone number of the applicant;
(ii) The date and state of incorporation;
(iii) The full names, titles, social security numbers, residence addresses, e-mail addresses and residence telephone numbers of its corporate officers, and of those stockholders who own 25 percent or more of its voting shares, and of its registered agent;
(iv) Proof that all corporate officers are at least 18 years of age; and
(v) Proof that the corporation is in good standing under the laws of the State of Illinois.
(3) If the license applicant is a partnership or limited liability company:
(i) The name, business address or principal office address and telephone number of the applicant;
(ii) The full names, social security numbers, residence addresses, e-mail addresses and residence telephone numbers of the three members who own the highest percentage interests in such partnership or limited liability company and of any other member who owns a 25 percent or more interest therein;
(iii) The full name, address, e-mail address and telephone number of a person authorized to receive notices issued pursuant to this chapter; and
(iv) Proof that all persons, partners, managers, managing members and members, as applicable, are at least 18 years of age.
(Added Coun. J. 4-30-14, p. 80633, § 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, including but not limited to the applicant's compliance or ability to comply with the license qualification requirements specified in Section 9-110-040.
(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 the requirements of subsection (b) shall be assessed in addition to the license fees set forth in this Code. The fees will be assessed regardless of whether the license applied for is issued or denied. The amount of the fees shall be set forth by rules promulgated by the Commissioner.
(d) The pedicab licensee shall provide a pedicab that is in safe and proper condition at the time the license is issued; and shall register the pedicab in applicant's name or, in the case of a leased pedicab, shall provide a copy of the lease, in a form acceptable to the Commissioner, that must cover at least the duration of the license term for that pedicab and must include an acknowledgment by the lessor of the pedicab that such lessor has given his consent for the pedicab to be used as a licensed pedicab.
(e) All licenses shall expire on the date noted on the license unless renewed prior to the date of expiration as specified by rule.
(f) If an application is denied, the applicant may, within ten days of the mailing of notice of the denial, make written demand upon the Commissioner for a hearing. Upon receipt of a timely written demand for a hearing, the Commission shall conduct a hearing within 30 days. If, upon such a hearing, the applicant establishes through competent evidence that the denial was based upon incorrect findings, the Commissioner shall issue the license. If, upon 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 18 months.
(Added Coun. J. 4-30-14, p. 80633, § 1; Amend Coun. J. 11-21-17, p. 61755, Art. IX, § 7)
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