(a) Application for a new or renewed pedicab chauffeur license shall be made in writing to the Department on a form provided by the Commissioner and signed and sworn to by the person seeking a pedicab 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 as required by rules and regulations promulgated by the Commissioner.
(b) An applicant is qualified to receive a new or renewed pedicab 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;
(2) is at least 18 years of age;
(3) has not had a previous pedicab chauffeur license application denied or rescinded within the 12-month period preceding the date of application; and
(4) 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 period during the applicant's last license term;
(5) has successfully completed a training course, if required, and license examination, as prescribed by the Commissioner, unless deemed unnecessary for that applicant pursuant to rule;
(6) does not owe debt to the City of Chicago as the term "debt" is defined in Section 4-4-150 of this code;
(7) has not had a previously issued pedicab chauffeur license revoked within the 3-year period preceding the date of application;
(8) 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;
(9) 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;
(10) has not, within the 3-year period preceding the date of application to be a chauffeur, 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
(11) 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.
(c) 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.
(d) Any conviction for a minor cannabis offense, as defined in Section 4-4-005, shall not disqualify an applicant.
(e) If an application for the issuance or renewal of a pedicab chauffeur license 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 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 18 months.
(f) The Commissioner, upon receiving a complaint, is authorized to require any pedicab chauffeur licensee to: (i) be evaluated by an Illinois-licensed physician that the licensee has the capability to safely operate a pedicab; and (ii) take a test, conducted by authorities approved by the Commissioner, for the presence of any illegal drug (other than cannabis) or inebriating substance in the body. If the physician does not certify that the licensee has the capability to safely operate a pedicab, or if the licensee fails the drug or substance test, the Commissioner shall immediately suspend the licensee's pedicab chauffeur license for a period of 12 months. An applicant suspended under this section is ineligible to renew or apply for a license for a period of 12 months.
(Added Coun. J. 4-30-14, p. 80633, § 1; Amend Coun. J. 10-8-14, p. 92379, § 1; Amend Coun. J. 3-16-16, p. 20056, § 3; Amend Coun. J. 6-22-16, p. 27771, § 4; Amend Coun. J. 11-21-17, p. 61755, Art. IX, § 8; Amend Coun. J. 11-26-19, p. 11547, § 18; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 5)