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(a) Except as otherwise provided in this code, the Commissioner may seek all applicable penalties, including but not limited to fines, license suspension, and license revocation in addition to restitution or other equitable relief against any licensee or pedicab chauffeur who violates any of the provisions of this chapter or any rules or regulations adopted pursuant to this chapter.
(b) The Commissioner shall promulgate rules and regulations regarding the lengths of suspension and the amounts of fines to be imposed, and the types of equitable relief to be ordered, for specific violations or license types. Before any suspension or revocation or fine is imposed, or equitable relief is ordered, the licensee shall be notified of the specific charges against him and of his right to a hearing in accordance with Chapter 2-14 of the Code.
(c) Upon suspension or revocation of a license or imposition of any fine for cause under the provisions of this chapter, the Commissioner shall remove the license decal, metal plate, and pedicab chauffeur license card from the licensee. The Commissioner shall notify the Department of Police of every suspension or revocation and of the termination of any suspension. The Department shall charge the licensee for the costs to replace the license decal upon payment of fines and termination of suspension. These costs shall be set by the Commissioner's rules.
(d) If the Commissioner has information provided by a law enforcement agency or any court of law that a licensee or pedicab chauffeur has been charged with the commission of: (1) 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 (2) an alleged act that raises concerns of public safety; or if a licensee or pedicab chauffeur is under an outstanding arrest warrant issued by a court of any jurisdiction, the Commissioner shall immediately suspend all licenses of the licensee until final adjudication is made with respect to such charges.
(e) Whenever a licensee's or pedicab chauffeur's driver's license has been revoked, suspended or otherwise invalidated by the Illinois Secretary of State or other similar authorized agency, the licensee's or pedicab chauffeur's license shall be subject to automatic suspension for the same period that the driver's license is revoked, suspended or otherwise invalidated.
(f) Any person whose pedicab license or pedicab chauffeur license is revoked under this chapter shall be ineligible to receive another pedicab license or pedicab chauffeur under the same or a different name for a period of three years following revocation.
(g) Upon the suspension, revocation or non-renewal of a pedicab vehicle license, the licensee shall immediately, during business hours, surrender the pedicab license plate, hard card and decal to the Department's Public Vehicle Office.
(Added Coun. J. 4-30-14, p. 80633, § 1; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 5)
In the event that the commissioner, after investigation, determines that any licensee has: (1) obtained any license pursuant to this chapter by fraud, misrepresentation, willful misstatement or omission of any material fact; (2) failed to carry out any representation made to the commissioner before the issuance of such license; or (3) willfully made any material misstatement of fact on any statement filed with respect to the issuance of the license with the department or another city department, the license of such licensee shall be subject to revocation.
(Added Coun. J. 10-8-14, p. 92379, § 1)
Each licensee that has obtained any license pursuant to this chapter shall notify the commissioner in writing of any change of information previously supplied to the commissioner by the licensee within 72 hours of the change.
(Added Coun. J. 10-8-14, p. 92379, § 1)
(a) Whenever any changes occur in the officers of the licensee, the licensee shall notify the Department in accordance with the procedures set forth in subsections (b) and (c) of this section. For purposes of this section, the term "officer of the licensee" means the members of a partnership, the officers, directors, managers or shareholders of a corporation, or the owners, managers or managing members of a limited liability company or other legal entity licensed pursuant to this chapter.
(b) If any officer of the licensee is removed from office in accordance with the bylaws, operating agreement, partnership agreement for the licensee, pursuant to law or court order, by reason of death, or for any other reason, and such officer is not replaced, then the licensee shall notify the Department of the change by form provided by the Department within 30 days of the effective date of the change. The licensee shall submit any additional information pertaining to the removal of any officer requested by the Commissioner within 10 days of such request. The Commissioner will assess a $25 fee for processing the removal of the officer.
(c) If any officer, manager or shareholder of the licensee is removed from office in accordance with the bylaws, operating agreement or partnership agreement for the licensee, pursuant to law or court order, by reason of death or for any other reason, and the person removed from office is replaced by another person, then the licensee shall notify the Department of the change by filing with the Department a change of officer form provided by the Department within 30 days of the effective date of the change. The person replacing the removed officer must meet the qualifications specified in Chapter 9-110 and is subject to investigation as detailed in Chapter 9-110. The licensee shall submit to the Department: (i) the change of officer form as promulgated by the Commissioner in rules; (ii) a $100.00 change of officer processing fee; and (iii) any other supplementary materials promulgated by the Commissioner in rules.
(Added Coun. J. 6-25-21, p. 31925, Art. VI, § 5)
(a) The commissioner, the comptroller, the commissioner of transportation, and the commissioner of streets and sanitation are authorized to enforce this chapter. The department of police is authorized to enforce the safety-related provisions of this chapter and all traffic laws, ordinances, rules and regulations as they apply to pedicab licensees and chauffeurs.
(b) The department of police and the department of streets and sanitation are authorized to impound pedicabs for such violations of rules and regulations promulgated hereunder which specify impoundment as a consequence of violation. When a pedicab is impounded, the city shall notify the owner or any person who is found to be in control of the pedicab at the time of the alleged violation, if there is such a person, of the fact of the impoundment and the pedicab owner's right to request a preliminary hearing to be conducted under Section 2-14-132 of this Code. If the owner or other person in control of the pedicab cannot be found, the City shall publish such notice one day a week for two consecutive weeks in a newspaper of general circulation. Except as otherwise provided in this section, the applicable provisions of Section 2-14-132 and Chapter 9-92 of this Code shall apply when a pedicab is impounded pursuant to this section. For purposes of applying Section 2-14-132 and Chapter 9-92 of this Code to this section, the term "vehicle" or "motor vehicle" as used in Section 2-14-132 or Chapter 9-92 shall instead be read to mean a pedicab, and the term "owner of record" shall instead be read to mean "owner."
(Added Coun. J. 4-30-14, p. 80633, § 1)
If any person violates any of the provisions of this chapter or any rule or regulation promulgated hereunder, such person shall be subject to a fine of not less than $100.00 and not more than $500.00 for each such violation. Each day that any violation shall continue shall be deemed a separate and distinct offense. A second or subsequent violation of this chapter committed within 12 months of a previous violation under this chapter shall be ground for a fine of not less than $500.00 and not more than $1,000.00 or community service, or any combination thereof for each violation.
In addition to fines, penalties for any violation of this chapter may include license suspension, rescission, revocation, or impoundment pursuant to Section 9-110-180(b).
(Added Coun. J. 4-30-14, p. 80633, § 1; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 5; Amend Coun. J. 4-17-24, p. 11059, § 2)
The commissioner is authorized to adopt rules and regulations for the proper administration and enforcement of the provisions of this chapter.
Any fees imposed pursuant to rules authorized by this section shall be reasonably related to the City's cost of administration, and shall be effective, or amended, after a 10-day notice and comment period.
(Added Coun. J. 4-30-14, p. 80633, § 1)