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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)
The commissioner shall have the power to rescind any pedicab license erroneously or illegally issued or renewed pursuant to this section. In order for such a rescission to be effective, the commissioner must notify the licensee of the date the rescission will take effect. The notice shall take place by certified mail or in-person notification. The commissioner must indicate in such notice the basis for the rescission and must also indicate a date and time, prior to the proposed rescission date, upon which the licensee may appear before the commissioner, or his or her designee, to contest the proposed rescission. The licensee shall also be informed that he or she shall be entitled to present to the commissioner or his or her designee any document, including affidavits, relating to the proposed rescission. Following the appearance of the licensee before the commissioner, the commissioner may affirm or reverse his or her rescission decision. The commissioner's decision shall be in writing and shall be mailed to the licensee at least five days before a license rescission is effective. A licensee may appeal the commissioner's decision to any court of competent jurisdiction.
(Added Coun. J. 4-30-14, p. 80633, § 1)
(a) Every licensee must comply with all applicable insurance requirements mandated by Federal, State of Illinois, and City laws.
(b) Except for licensees that have surrendered their licenses to the City or that have submitted an affidavit ascertaining that they have suspended operations, each applicant for the issuance or renewal of a pedicab license shall provide proof that the applicant has commercial general liability insurance, issued by an insurer authorized to insure in Illinois, to secure payment by the applicant of any final judgment or settlement of any claim against the applicant, chauffeurs, employees, or lessees of the applicant's pedicab business resulting from any occurrence arising out of or caused by the operation or use of any of the applicant's pedicab(s). Every insurance policy or contract for such insurance shall name the City as an additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the licensee's operations.
(c) Such insurance policy shall provide at least the following minimum coverage for each pedicab: $300,000 per occurrence for bodily injury, personal injury and property damage. In addition, worker's compensation coverage must be provided as required by state law.
(d) Any insurance policy required by this section must be in a form satisfactory to the Commissioner and must provide that the policy will not be cancelled and the amount of coverage will not be changed unless at least 30 days' prior written notice except 10 days' prior written notice for non-payment of premium is given to the Commissioner.
(e) A licensee's failure to comply with this section may result in the revocation or suspension of his pedicab license.
(Added Coun. J. 4-30-14, p. 80633, § 1; Amend Coun. J. 10-8-14, p. 92379, § 1; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 24; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 23; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 5)
(a) It is unlawful for any person to operate or cause to be operated a pedicab unless the pedicab has been licensed and issued a pedicab license decal by the Commissioner pursuant to this section. The Commissioner shall provide a pedicab license decal to a pedicab licensee once the licensee has obtained a pedicab license and met the requirements of this chapter. Each pedicab in operation must be licensed. The pedicab license decal shall be affixed in a manner prescribed by the Commissioner by rule.
(b) The Commissioner shall deliver with each pedicab license a metal plate of such size and material as the Commissioner shall determine which shall bear the words: “City of Chicago” and the license number of the pedicab. Said metal plate must be affixed to the back side of the passenger carriage in a conspicuous and visible manner. In addition, each pedicab licensee shall be issued a decal with an identification number established by the Commissioner. The decal pertaining to the pedicab must be affixed on the metal plate on the back side of the passenger carriage in a place and position and in a conspicuous and visible manner, unobstructed by spare tires and advertisements displayed on the pedicab, and in a condition to be clearly legible. If a metal plate or decal is lost, stolen or damaged so as to require replacement, the licensee shall make application to the Commissioner for a duplicate plate or decal on forms provided by the Commissioner. In the case of a damaged plate or decal, the licensee shall return such plate or decal with such application. Upon receipt of an application and the payment of a replacement fee of $50.00 for a duplicate metal plate or $25.00 for a duplicate decal, the Commissioner shall issue a duplicate metal plate or decal to the licensee.
(c) Application for the issuance or renewal of a pedicab decal shall be made in writing to the Department on a form provided by the Commissioner and signed and sworn to by the licensee and a qualified technician not employed by the licensee. A pedicab license decal will be issued only for a pedicab that meets all of the following requirements:
(1) The pedicab must be no more than 55" wide and 120" long;
(2) The pedicab shall be equipped with:
(i) a functioning headlight capable of projecting a beam of white light for a distance of 500 feet;
(ii) functioning taillights mounted on the right and the left, respectively, at the same level on the rear exterior of the passenger compartment. Taillights shall be red in color and plainly visible from all distances within 500 feet to the rear of the pedicab;
(iii) hydraulic or mechanical disc or drum brakes, which are unaffected by rain or wet conditions;
(iv) spoke or wheel rim reflectors on each wheel of the pedicab;
(v) a seatbelt for all passengers or seatbelts for every passenger that secure the passengers in a safe manner to prevent personal injuries;
(vi) turn lights;
(vii) a bell or another similar audible signaling device; and
(viii) such other equipment as required by rules and regulations promulgated by the Commissioner.
(d) The total number of initial pedicab license decals to be issued shall not exceed 200 (two hundred). No licensee shall be issued, or shall control, in whole or in part, directly or indirectly, more than 20 percent of the total number of pedicab license decals available to be issued. The Commissioner may increase the total number of pedicab license decals to be issued and may determine the percentage of pedicab license decals to be issued to a licensee by rules and regulation promulgated pursuant to this chapter. In making such determination, the Commissioner shall consider the impact that additional pedicabs may have on the safe and efficient flow of traffic in the city and shall consult with the Superintendent of Police and the Commissioner of Transportation, or their respective designees, before raising the number of pedicab license decals to be issued. If the Commissioner determines that there are more qualified applicants for pedicab license decals than the maximum number of decals that the Commissioner has set to issue at any given time, the Commissioner shall conduct a lottery or other neutral process for allocating decals among qualified applicants as set forth by rules promulgated by the Commissioner.
(e) A pedicab license decal is non-transferable. A pedicab license decal is valid for the duration of the pedicab license. If a pedicab license is not renewed on time, or the pedicab license is no longer valid, or the required insurance lapses, the pedicab license decal shall be void. If a licensee fails to renew a pedicab license, the licensee shall return the pedicab license decal and metal license plate to the Department within 30 days of the date of license expiration. Displaying an expired pedicab license decal or metal license plate shall be considered a deceptive business practice, subject to the sanctions under Section 2-25-090.
(f) Each pedicab license decal shall be numbered and the number of the pedicab license decal shall be painted or affixed on each side and back of each pedicab in a place and position and in a conspicuous and visible manner, unobstructed by spare tires and advertisements displayed on the pedicab, and in a condition to be clearly legible, pursuant to rules and regulations promulgated by the Commissioner. It shall be the responsibility of the licensee to paint or affix such number on the pedicab.
(g) To register a pedicab in order to secure a pedicab license decal, the pedicab licensee must provide a unique identification number associated with the pedicab, such as a manufacturer's stamp on the bottom bracket; or if there exists no stamp, the licensee must inscribe or engrave a unique identification number on the bottom bracket, and provide such unique identification number to the Department.
(h) If the licensee decides to change a pedicab within the licensing period, the licensee must submit a written request to the Commissioner and register the new pedicab. The Commissioner shall provide a duplicate metal plate and decal upon payment of the replacement fees provided in subsection (b) of this section.
(Added Coun. J. 4-30-14, p. 80633, § 1; Amend Coun. J. 10-8-14, p. 92379, § 1; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 5; Amend Coun. J. 4-17-24, p. 11059, § 1)
(a) Indebtedness: All owners licensed under this chapter must be in good standing with the City in reference to debt pursuant to and as defined in Section 4-4-150 of this Code.
(b) Child support: All owners licensed under this chapter must be in compliance with court-ordered child support pursuant to and as defined in Section 4-4-152 of this Code.
(Added Coun. J. 6-25-21, p. 31925, Art. VI, § 5)
Every licensee engaged in a pedicab business shall keep and provide accurate books and records of account of his operations at his place of business in the city for a minimum of three years. Such records must be submitted for inspection upon the request of the commissioner.
(Added Coun. J. 4-30-14, p. 80633, § 1)
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