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In the event that the commissioner, after investigation and hearing, shall determine that any licensee (1) has obtained any taxicab license by fraud, misrepresentation, willful misstatement or omission of any material fact, or in case, any licensee shall fail to carry out any representation made to the commissioner before the issuance of such license, or (2) has willfully made any material misstatement of fact on any statement filed with the commissioner, the city comptroller, or the department, or (3) has operated, or caused to be operated, any taxicab vehicle in violation of the provisions of this chapter or of the rules and regulations promulgated pursuant to this chapter, or (4) has obtained his license pursuant to a foreclosure of a security interest without having provided the commissioner with the information required under Section 9-112-430, the commissioner may institute proceedings with the department of administrative hearings to revoke any or all taxicab licenses, and any other City licenses held by licensee.
(Added Coun. J. 1-18-12, p. 19118, § 1)
It is unlawful for any person to interfere with or hinder or prevent the Commissioner from discharging any duty in the enforcement of any provision of this Code under the jurisdiction of the Commissioner.
Failure to deliver or submit taxicab vehicles for inspection or for the performance of any other duty by the Commissioner upon demand is considered an interference with Commissioner's duties. Failure to comply with or respond to the Commissioner's request or notices for a formal meeting or production of records and documents is an interference with Commissioner's duties.
(Added Coun. J. 1-18-12, p. 19118, § 1; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 6)
(a) It is unlawful for any licensee to install and/or display any advertising sign or device on or in a licensed taxicab vehicle before the advertising sign or device is approved by the Commissioner and permitted pursuant to the elements specified in this section and rules promulgated thereunder.
(b) Taxicab licensees or licensed advertising vendors may apply for permits to install and/or display an advertising sign or device on the exterior and interior of the vehicle. A separate permit is required for each exterior and interior advertising display or installation. The Commissioner shall promulgate rules: (1) specifying the locations on the taxicab where advertising signs or devices may be installed or displayed; (2) describing the permissible design, construction and method of affixing the installation or display to the vehicle; and (3) specifying insurance requirements for approving a permit to display an advertising sign or device on or in the taxicab. The rules may also include additional guidelines for such installations or displays and the permit process. In establishing such criteria, considerations shall include:
(1) visual clutter and aesthetics on the public way;
(2) the safety and comfort of passengers, drivers, pedestrians, bicyclists, and motorists;
(3) the visibility of all information required by this chapter, Department rules, or other laws to be displayed in the interior or on the exterior of taxicabs, including, but not limited to, vehicle numbers, ownership indicia, dome light, and availability signal; and
(4) the visibility of all information required by this chapter, Department rules, or other laws to be displayed on the interior of taxicabs, including, but not limited to, the taximeter, license card display, chauffeur’s license display, rate sheets, and other required information.
(c) The Department shall inform applicants for an advertising display permit under this section whether the application is approved or disapproved within thirty business days after its receipt of the completed application, unless it gives the applicant written notice that it needs an additional thirty business days and the reasons therefor. If the application is approved and the requirements of subsections (d) and (e) complied with, the Department shall issue the advertising display permit. If the Department denies the permit application, it shall provide written notice of its decision within such time period, stating the specific grounds and rules that form the basis for such denial. If the Department fails to so act within thirty business days after receipt of the application, or sixty business days if it has given notice of the need for an additional review period, the application shall be deemed granted and the permit shall be issued, provided that the permit fee has been paid.
(d) The fee for the issuance of any interior or exterior advertising display permit shall be $100.00 for each display, due at the time of application. This fee shall be in addition to the personal property lease transaction tax that applies to lease or rental payments pursuant to Chapter 3-32. An advertising display permit applicant shall have satisfied all debt, as defined in Section 4-4-150, to the City before the Department may issue the permit.
(e) Where the Commissioner has by rule approved any type of advertising display device that involves the installation of a physical apparatus on or in the taxicab vehicle, an inspection is required as part of the advertising permitting process. The fee for such inspection shall be an additional $100.00, due prior to the time of inspection.
(f) An advertising permit issued under this section shall expire one year after the date of issue, unless sooner surrendered, revoked, or terminated.
(g) No permit for advertising issued pursuant to this section shall be transferred or assigned.
(h) The denial, rescission, suspension, or revocation of a license issued pursuant to this chapter shall act as the suspension or revocation of any advertising permit issued hereunder to the affected taxicab vehicles.
(i) In the event that the licensee receives any income from any advertising maintained on or in the vehicle, a portion of such income shall be distributed to any public chauffeur leasing that same vehicle. The Commissioner shall promulgate rules governing the amount of distribution and the method of distribution.
(Added Coun. J. 1-18-12, p. 19118, § 1; Amend Coun. J. 12-10-14, p. 101074, § 3; Amend Coun. J. 11-14-18, p. 90376, Art. IV, § 5; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 6)
It is the duty of every licensee to notify the commissioner whenever any change in his Chicago address, telephone number, e-mail, or other contact information is made. The licensee must notify the commissioner of such change within three business days of the change. It is proper notice for the commissioner to send notices to the licensee's last Chicago address recorded in the office of the commissioner.
(Added Coun. J. 1-18-12, p. 19118, § 1)
(a) Licenses may only be transferred to individuals, partnerships, limited liability companies, or corporations.
(b) Each licensee who holds one or more active licenses shall be entitled to renew each such license for the succeeding licensing period, unless the applicant has ceased to be qualified to obtain a license under this chapter (other than if the disqualification for obtaining a new license is due to the licensee having reached the maximum number of licenses allowable under the Code) or unless cause exists under this chapter to rescind, revoke or require surrender of the license or licenses held by such person.
(c) [Reserved].
(d) Subject to the limitations set forth above, all taxicab industry licenses issued pursuant to this chapter shall be freely transferable to any person qualified under the provisions of this chapter to be a license holder. Every transfer must be approved by the Department. In so approving, the Commissioner, or her designee, shall review and investigate whether the transferor and transferee are eligible to sell, apply, renew, or hold the license being transferred. The Commissioner shall determine eligibility by applying the standards and requirements for obtaining, renewing, or holding a license under this chapter or applicable promulgated rules.
(e) No license holder may transfer a license if revocation proceedings with respect to that license have been filed with the Department of Administrative Hearings or with any other court of competent jurisdiction.
(f) Any attempt to transfer a license in violation of this section shall result in the rescission of the license as provided in Section 9-112-120 of this Code.
(g) A nonrefundable administrative fee of $2,500.00 shall be paid to the City by the transferee at the time of application or transfer of the license by the Department.
(h) [Reserved.]
(i) No administrative fee is assessed if the transferor is a natural person and the transferee is a corporation in which the transferor holds 100 percent of the stock; if the transferor is the executor or administrator of the estate of a deceased person who held the license or held 100 percent of the stock in a corporation which held the license and the transferee is the heir of the deceased person; or if the transferee is the legal spouse or child of the deceased transferor and that legal spouse or child is a 50 percent shareholder in the license and the deceased transferor was a 50 percent shareholder in the license.
(j) Pledging or otherwise encumbering a license shall be permitted; provided, that the licensee shall provide the Commissioner with such information with respect to the person to whom the license is to be pledged and any other information as the Commissioner may reasonably require. Any foreclosure upon a pledged or encumbered license shall constitute a transfer subject to the provisions of this subsection.
(k) In the event of an individual licensee’s death, the authority to operate granted under the license shall cease, and the license card and license decal for each license owned or controlled by the deceased licensee must be surrendered by the individual in possession of the license card and the license decal.
Company officers, shareholders, members or managers listed on the deceased licensee's company, taxicab affiliations and license managers must report within five business days to the Department any incident of death or incapacitation of a licensee.
Existing corporate officers of the deceased licensee’s company or the executor or administrator of the estate of any deceased licensee, only after application and approval by the Commissioner, may continue to exercise the privileges of the deceased licensee, including the limited privilege of license transfer granted in this chapter, until the expiration of the license but no longer than six months after the licensee’s death. At the end of the six-month period or the expiration of the license, whichever comes first, the executor or administer may apply for and seek approval for an extension. The Commissioner may extend this period after reviewing such application for an extension.
(l) For purposes of determining heirs of a deceased person who held a license or held a license or ownership interest in a corporation which held a license and transferring such license or ownership interest to such heirs, the Commissioner may rely on a copy of a document purporting to be a small estate affidavit that is substantially in compliance with subsection (b) of Section 25-1 of the Probate Act of 1975 ("Act"), codified at 755 ILCS 5/25-1, as provided in subsection (d) of the referenced section of the Act. The Commissioner is authorized to promulgate rules for the implementation of this subsection.
(Added Coun. J. 1-18-12, p. 19118, § 1; Amend Coun. J. 12-10-14, p. 101074, § 3; Amend Coun. J. 10-28-15, p. 12062, Art. XI, § 3; Amend Coun. J. 11-26-19, p. 11514, Art. I, § 1; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 6; Amend Coun. J. 11-15-23, p. 6542, Art. VII, § 8)
(a) As of the effective date of this chapter, no person shall act as a license manager for any license not issued to him or to a corporation of which he is an officer or to a partnership of which he is a partner without first obtaining a license manager's license from the commissioner. An applicant must apply for a license manager license using a print or electronic form prescribed by, and as directed by, the commissioner and accompanied by such documents as the commissioner may require. License managers registered with the commissioner on the effective date of this chapter will have a two-month grace period to obtain such license.
(b) No licensee shall allow any person to assume or undertake any or all of his responsibilities relating to the leasing of his license(s) unless that person is a licensed license manager with the commissioner. In the event that a licensee allows any person, not licensed as a license manager with the commissioner, to assume or undertake any such responsibilities, the medallion license shall be suspended until such time as the licensee appears in the office of the commissioner and sufficiently establishes that either the person assuming the responsibilities is a licensed license manager or that the licensee is meeting those responsibilities himself. In addition, any licensee who allows an unlicensed license manager to assume or undertake his responsibilities may have his medallion license revoked.
(d) License managers and the licensee shall be jointly and severally liable for any violations of this chapter or the rules and regulations promulgated thereunder.
(e) The annual fee for each license manager license is $1,000.00. All license manager licenses expire on October 31. Renewal of such license must be made during the month of October. The fee shall be paid in advance before the license is issued. In order to avoid lapse of the license manager license, the licensee must renew the license before the expiration date of the licensing term. License manager licensing renewal fees must be paid before the first day of the licensing term. Any license manager licensing fee paid on or after the first day of the licensing term is considered a late payment, and is subject to late payment fees, with interest accrued as specified in this Code and promulgated in the rules by the commissioner.
(f) All persons obtaining a license to be a license manager shall deposit with the commissioner a bond, in the penal sum of $200,000.00, containing one or more sureties to be approved by the commissioner. Such bond shall be payable to the City of Chicago and shall be conditioned that the licensed license manager shall comply with the provisions of the Municipal Code of Chicago and the rules and regulations promulgated thereunder, and shall pay all fines, orders of restitution, or judgments for damages ordered by the department of administrative hearings, or a court of competent jurisdiction, based on a violation of the Municipal Code and the rules and regulations promulgated thereunder, committed by the licensed license manager, his agents or employees, while acting within the scope of their employment. The licensed license manager is immediately liable for satisfaction upon determination of the fine or award judgment, or, if timely appeal is taken, upon final determination of the appeal.
(g) Each license manager shall file with the commissioner a plan detailing the off-street parking of the taxicab vehicles that he manages when such vehicles are not in use.
(h) The commissioner is authorized to promulgate any and all rules for the effective administration of this section.
(i) Licensed license managers in violation of the provisions of this section or rules thereunder are subject to fines and other applicable penalties, including but not limited to termination of the license manager's license.
(j) Any license manager licensed under this section shall not be required to obtain an additional license under 9-112-450.
(Added Coun. J. 1-18-12, p. 19118, § 1; Amend Coun. J. 11-21-17, p. 61755, Art. IX, § 17)
(a) No person shall operate as a license broker without first being licensed by the Commissioner, unless such person is an attorney in good standing licensed in the State of Illinois or holds a Section 9-112-440 license manager license. An applicant must apply for a license broker license using a print or electronic form prescribed by, and as directed by, the Commissioner and accompanied by such documents as the Commissioner may require and shall include, but not be limited to:
(1) Proof that the license broker has a place of business in Chicago; and
(2) Information as to whether the applicant for the license or any principal thereof has a financial interest in any lender, insurance brokerage firm or automobile dealership.
(b) Applicants for a license broker license are subject to an investigation pursuant to Section 9-112-110 of this Code.
(c) All applicants for a license broker license shall deposit with the Commissioner a bond, in the penal sum of $200,000.00, containing one or more sureties to be approved by the Commissioner. Such bond shall be payable to the City of Chicago and shall be conditioned that the license applicant or licensee will comply with the provisions of the Municipal Code of Chicago and the rules promulgated thereunder. The applicant shall pay all fines, orders of restitution, or judgments for damages ordered by the Department of Administrative Hearings, or a court of competent jurisdiction, based on a violation of the Municipal Code of Chicago and the rules promulgated thereunder, committed by such licensee, his agents or employees, while acting within the scope of their employment. The broker is immediately liable for satisfaction upon determination of the fine or award judgment, or, if timely appeal is taken, upon final determination of the appeal.
(d) The annual fee for each license broker license is $500.00. All license broker licenses expire on October 31. Renewal of such license must be made during the month of October. The fee shall be paid in advance before the license is issued. In order to avoid lapse of the license broker license, the licensee must renew the license before the expiration date of the licensing term. License broker licensing renewal fees must be paid before the first day of the licensing term. Any license broker licensing fee paid on or after the first day of the licensing term is considered a late payment, and is subject to late payment fees and interest accrued as specified in the Code and promulgated in rules by the Commissioner.
(e) A license broker shall conspicuously display a license or copy thereof at all times in every place of business maintained by such broker.
(f) A license broker shall not display a taxicab broker's license which is expired, suspended or revoked, but shall surrender same to the Commissioner immediately.
(g) A license broker:
(1) must not accept, request nor permit a party to sign a document or instrument, including but not limited to a power of attorney, which is incomplete or which does not include all material facts required under this Code;
(2) must provide any party referenced in the documents with a duplicate copy of the executed instrument for the party's own records; and
(3) must upon completion of a closing, or other transaction deliver, to the party referenced in the documents, copies of all documents prepared by the broker or under the broker's supervision within ten business days of such completion and request the party receiving such papers to acknowledge, in writing, receipt of same.
(h) A license broker shall keep and maintain for a period of three years all records involving the sale or encumbrance of a license.
(i) A license broker shall furnish the Commissioner with copies of any requested documents within three business days of such request.
(j) The Commissioner is authorized to promulgate rules governing the conduct of license brokers including, but not limited to: the form, duration and limitations on listing agreements for the transfer of licenses; disclosures by the license broker to any client or potential client regarding possible conflicts of interest based on the license broker's activities as a lender, insurance broker, or automobile dealer or the license broker's contractual relationship or financial or other interest in a lender, insurance broker or automobile dealer; advertising by the broker; forms to be used in the transfer or encumbrance of a license; and applicable penalties including but not limited to fines, license suspension, or license revocation for violation of any provision of this ordinance or the rules promulgated thereunder.
(k) Any monies paid in connection with the transfer of a license, must be held in a separate interest- bearing escrow account until the Department approves the transfer of the license.
(Added Coun. J. 1-18-12, p. 19118, § 1; Amend Coun. J. 11-21-17, p. 61755, Art. IX, § 18; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 6)
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