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ARTICLE I. GENERAL PROVISIONS (9-114-010 et seq.)
The following definitions shall apply for purposes of this chapter:
"Charter/sightseeing vehicle" means a public passenger vehicle for hire principally on charter trips or sightseeing tours or both. Provided, however, in Sections 9-114-315 and 9-114-320, the term "charter/sightseeing vehicle" shall refer to a vehicle for hire principally on charter trips or sightseeing tours or both, with a passenger capacity of fifteen or more, regardless of whether it is licensed as a public passenger vehicle or regulated as to licensure or registration by another jurisdiction.
"Charter trip" means a group trip in a charter/sightseeing vehicle arranged in advance at a fixed rate per vehicle.
"Commissioner" means the City's Commissioner of Business Affairs and Consumer Protection or the Commissioner's designee.
"Council" means the City Council of the City of Chicago.
"Licensee" means any person to whom one or more licenses have been issued pursuant to this chapter.
"Livery vehicle" means a public passenger vehicle for hire only at a charge or fare for each passenger per trip or for each vehicle per trip fixed by agreement in advance.
"Low-speed electric public passenger vehicle" means: (i) a three-wheeled or four-wheeled vehicle; (ii) exclusively powered by an electric motor that is capable of propelling the vehicle at a maximum speed of 30 miles per hour on a paved level surface; and (iii) which is used for the transportation of passengers for hire.
"Medical carrier" means any privately owned public passenger vehicle which is specifically designed, constructed or modified and equipped and is maintained or operated for the nonemergency transportation of persons for compensation for the purpose of obtaining medical services, or persons with disabilities for any purpose.
"Medical carrier owner" means a person engaged in business as owner of one or more medical carriers.
"Operation expenses" means all charges, costs and expenses properly incurred for any given period in accordance with good accounting practice in connection with a licensee's public passenger vehicle operations.
"Place of business in the City of Chicago" means: (1) a location within the City where the City may send, and the licensee shall accept, notices of hearing or other notices from the City; and (2) a location within the City where a licensee maintains its business and financial records relating to the licenses involved.
"Public passenger vehicle" means a motor vehicle, as defined in the motor vehicle law of the State of Illinois, which is used for the transportation of passengers for hire, excepting those (1) devoted exclusively for funeral use; (2) in operation of a metropolitan transit authority; (3) interstate carriers licensed for the transportation of passengers by the United States Department of Transportation solely to the extent that specific regulation of such vehicles by the City is preempted by federal law; (4) interstate carriers operating pursuant to and in conformity with a certificate of authority issued by the Illinois Commerce Commission solely to the extent that specific regulation of such vehicles by the City is prohibited by federal or state law; (5) taxicabs regulated pursuant to Chapter 9-112 of this Code; and (6) vehicles used to provide a transportation network service pursuant to Chapter 9-115. Public passenger vehicles included in the provisions of this chapter include, but are not limited to, livery vehicles, charter/sightseeing vehicles, jitney car services, medical carrier vehicles, and low-speed electric public passenger vehicles.
"Restricted chauffeur" means the driver of a public passenger vehicle licensed by the City as a restricted public chauffeur and who may drive any public passenger vehicle except a taxicab.
"Sightseeing tour" means a tour in a public passenger vehicle which is available to the general public, including prearranged groups, in accordance with a published schedule or itinerary at a charge per passenger or per vehicle and which includes a lecture or material regarding the subject matter of the sightseeing tour.
"Solicit" means an appeal by words or gestures for immediate patronage of a public passenger vehicle by the licensee or his agent upon the public way attempting to direct people to a public passenger vehicle that is parked, stopped, standing or moving upon the public way.
"Two-way dispatch system" means a method of communication by which a dispatcher may communicate simultaneously or individually with the drivers of all vehicles in an organization and for each driver to communicate with the dispatcher, so long as the manner of usage of such device while driving a public passenger vehicle does not violate City, State or Federal regulations. For purposes of this definition the term "organization" refers to the licensee and all vehicles for which a license is owned or controlled by the licensee.
"Wheelchair Accessible Vehicle" or "WAV" means a vehicle that a person in a wheelchair may enter and exit independently or with assistance while seated in a wheelchair. A WAV shall safely secure and restrain the wheelchair.
(Added Coun. J. 1-18-12, p. 19118, § 2; Amend Coun. J. 5-28-14, p. 82771, § 5; Amend Coun. J. 4-19-17, p. 47373, § 1; Amend Coun. J. 11-21-17, p. 61913, § 11; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 7; Amend Coun. J. 10-27-21, p. 39525, § 11)
(a) It is unlawful for any person to operate a motor vehicle, or for the registered owner thereof to permit it to be operated, for the transportation of passengers for hire within the city unless it is licensed by the city as a public passenger vehicle pursuant to this chapter, or as a taxicab pursuant to Chapter 9-112, or used to provide a transportation network service pursuant to Chapter 9-115.
(b) Subject to the conditions and limitations of this chapter, the city grants exclusive permission and authority to the licensees hereunder to operate public passenger vehicles licensed hereunder unless rescinded, terminated, or revoked as hereinafter provided.
(c) It shall be unlawful for any taxicab or public passenger vehicle not licensed or required to be licensed as such by the city to solicit or accept business within the corporate boundaries of the city, except where such vehicle is licensed in the community that the passengers have as their destination, and then only when such transportation has been arranged in advance and no intermediate stops are made within the city.
(d) A public passenger vehicle licensed by another jurisdiction may come into the city to discharge passengers whose trip originated from outside of the city or to transport passengers through the city without stopping. While the vehicle is in the city no roof light or other special light shall be used to indicate that the vehicle is vacant or subject to hire, and a white card printed in black letters, or a digital sign, bearing the words "Not For Hire" with text size not less than two inches in height shall be displayed at the windshield of the vehicle, and the vehicle may make no stops other than the destination.
(e) Any person who solicits or transports passengers for hire, and the registered owner of any motor vehicle who permits such solicitation and transportation, in violation of this chapter, including, without limitation, Sections 9-114-315 and 9-114-320, are subject to fines, vehicle impoundment, and other applicable penalties.
(Added Coun. J. 1-18-12, p. 19118, § 2; Amend Coun. J. 5-28-14, p. 82771, § 5; Amend Coun. J. 4-19-17, p. 47373, § 1)
The commissioner may issue temporary permits for the operation within the city of a public passenger vehicle not licensed by the city, or any charter/ sightseeing vehicle regardless of where it is licensed or registered, where the use within the city is for a special event or for a specific purpose. The daily fee for a temporary permit under this section shall not exceed $100.00 per vehicle. Such vehicles shall be subject to all applicable provisions of Chapters 9-104, 9-112, and 9-114, as applicable, of the Chicago Municipal Code as well as all rules and regulations properly promulgated pursuant to Chapters 9-104, 9-112, and 9-114.
(Added Coun. J. 1-18-12, p. 19118, § 2; Amend Coun. J. 6-6-12, p. 28356, § 21; Amend Coun. J. 4-19-17, p. 47373, § 1)
An applicant must apply for the issuance or renewal of a license using a print or electronic from prescribed by, and as directed by, the commissioner and accompanied by such documents as the commissioner may require. If the applicant is a corporation or partnership, then its duly authorized agent can apply on behalf of the applicant. An applicant for a license who intends to operate one or more charter/sightseeing vehicles shall include as part of the application, and update as necessary, the address(es) where all vehicles in the licensee's fleet are kept when not in use.
Any changes made to the information submitted on the application or any material changes made to the licensee's personal or businesses operations or to any information provided under this chapter must be reported, in writing, to the commissioner within four business days of the change.
(Added Coun. J. 1-18-12, p. 19118, § 2; Amend Coun. J. 4-19-17, p. 47373, § 1)
(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 City, State of Illinois and Federal laws, and the provisions of this chapter; and
(2) an applicant shall have a place of business in the City of Chicago:
(i) with respect to any corporate applicant, the corporation shall be organized or qualified to do business under the laws 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 corporation or partnership, he shall reside and be domiciled in the City of Chicago; and
(3) an applicant must successfully complete a course of study which the Commissioner may prescribe by rule; and
(4) an applicant must register with the Department of Finance to pay the City's ground transportation tax, as required under Chapter 3-46 of this Code.
(5) 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 taxicab vehicle and the disciplinary record of the applicant, or of any officer or director of a corporate applicant, as a public chauffeur;
(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 and worker's compensation) for the payment of personal injury, death, property damage, or other insurable claims;
(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 public passenger vehicle.
(c) No applicant is eligible for a license if: (1) any Chicago taxicab or public passenger vehicle license or any Chicago public chauffeur license or restricted public chauffeur license of the applicant, or any officer or director of a corporate applicant or partner in a partnership applicant, has held (i) was revoked within the previous three years; or (ii) was denied, 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 1961, as amended, 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 9-114-190.
(d) The total number of licenses that each licensee holds will be based on the total licenses in each corporation, or legal entity, in which the licensee holds a 25 percent or greater share of ownership interest including, but not limited to, stocks and shares. No person shall own in whole or in part, directly or indirectly, or have a security interest in more than 25 percent of, the authorized licenses issued under Chapters 9-112 and 9-114.
(e) Eligibility for issuance of any license under this chapter shall be a continuing requirement for maintaining such license.
(f) As part of the application process, all officers, directors, shareholders and members of the applicant shall submit to a fingerprint background check by a fingerprint agency approved by the Department and submit passport-sized photos of such officers, directors, shareholders and members.
(Added Coun. J. 1-18-12, p. 19118, § 2; Amend Coun. J. 12-10-14, p. 101074, § 5; Amend Coun. J. 11-21-17, p. 61755, Art. IX, § 25; Amend Coun. J. 1-27-21, p. 26741, Art. II, § 13; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 7; Amend Coun. J. 10-27-21, p. 39525, § 11)
(a) Upon receipt of an application for the issuance or renewal of a license, the Commissioner may investigate the applicant for compliance with this Code, including but not limited to: (1) the character and reputation of the applicant; and (2) the ability of the applicant to render safe transportation service, to maintain or replace the equipment for such service, and to pay all fees, fines, taxes, judgments and awards which may be rendered for any cause arising out of the operation of a taxicab during the license period.
(b) Every applicant shall be required to submit to a criminal background check and shall provide photos of the applicant as required by the Commissioner. Applicants shall be responsible for the costs of the criminal background check and photos.
(c) As part of the application process, fees sufficient to cover the costs of processing the criminal background check and photos will be assessed in addition to the license fees set forth in Section 9-114-070 of this Code. The criminal background check and photo fees will be assessed regardless of whether the license applied for is issued or denied. The amount of the fees shall be set forth in rules promulgated by the Commissioner.
(d) The licensee shall provide a vehicle that is in safe and proper condition at the time the license is issued; and shall register the vehicle in applicant's name or, in the case of a leased vehicle, shall provide a copy of the lease, in a form acceptable to the Commissioner, that must cover at least the duration of the license for that vehicle and must include an acknowledgment by the lessor of the vehicle that such lessor has given his consent for the vehicle to be used as a public passenger vehicle as licensed.
(e) All licenses issued pursuant to this chapter are the property of the City of Chicago, and all of the licensee's privileges due to holding that license are subject to rescission, revocation and termination.
(f) All licenses shall expire on the date noted on the license unless renewed prior to the date of expiration or as specified by rule.
(Added Coun. J. 1-18-12, p. 19118, § 2; Amend Coun. J. 11-21-17, p. 61755, Art. IX, § 26)
The annual license fee for each public passenger vehicle of the class herein set forth is as follows:
Livery vehicle
| $500.00 for a licensing term from January 1 to December 31
|
Charter/sightseeing vehicle
| $500.00 for a licensing term from July 1 to June 30
|
Medical carrier | $500.00 for a licensing term from July 1 to June 30 |
Jitney car service | $250.00 for a licensing term from July 1 to June 30 |
Low-speed electric public passenger vehicles | $500.00 for a licensing term from July 1 to June 30 |
The fee shall be paid before the license is issued. The Commissioner is authorized to set the renewal process for each category of public passenger vehicles by rules and regulations.
Nothing in this section shall affect the right of the City to impose or collect a vehicle tax and any occupational tax, as permitted by law, in addition to the license fee herein provided.
(Added Coun. J. 1-18-12, p. 19118, § 2; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 7)
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