Loading...
(a) If any public passenger vehicle shall become unsafe for operation or if its body or seating facilities shall be so damaged, deteriorated or unclean as to render the vehicle unfit for public use, the license therefor shall be suspended by the commissioner until the vehicle is made safe for operation and its body and seating facilities reconditioned, repaired, or replaced as directed by the commissioner. In determining whether any public passenger vehicle is unfit for public use, the commissioner shall give consideration to its effect on the safety, health, comfort and convenience of the drivers and passengers, and its public appearance on the streets of the city.
(b) Except as otherwise provided in this code, the commissioner may seek all applicable penalties, including but not limited to fines, license suspension, or license revocation in addition to restitution or other equitable relief against any licensee who violates this chapter or any rules or regulations adopted pursuant to this chapter.
(c) Except as otherwise provided in this code, the commissioner may seek suspension or revocation of the license of and/or the imposition of a fine not less than $75.00 nor more than $1,000.00 upon, and may seek an order of restitution or other equitable relief against any licensee who violates this chapter or any rules or regulations adopted pursuant to this chapter. 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.
(d) 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 emblem and the license card from the vehicle. 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 reaffix and replace the license emblem and to re-issue the license card, upon payment of fines and termination of suspension. These costs shall be set by the rules and regulations promulgated by the commissioner.
(e) If the commissioner has knowledge that a licensee has been charged with the commission of a felony, as defined in Article 2 of the Illinois Criminal Code of 1961, as amended, arising in connection with the provision of public passenger vehicle services, the commissioner shall immediately suspend all public passenger licenses of the licensee until final adjudication is made with respect to such charges.
(Added Coun. J. 1-18-12, p. 19118, § 2)
Grounds for revocation of a license shall include, but not be limited to, the following:
(1) Abandonment of the licensee's place of business in the City;
(2) If any official notice or legal process cannot be served upon a licensee at the Chicago address licensee registered with the Department;
(3) Failure to respond to a legal notice or appear in answer to legal process at the time fixed therein;
(4) Failure to pay any judgment or award as provided in Section 9-114-180;
(5) Conviction of any criminal offense involving a felony. Provided, however, that this paragraph (5) shall not apply to any conviction for a minor cannabis offense, as defined in Section 4-4-005;
(6) If, while operating a public passenger vehicle, a licensee shall have in his possession or control any illegal controlled substances, alcohol, or drugs;
(7) If licensee solicits any person for transportation to any prostitute;
(8) If licensee operates or permits to be operated more than one vehicle bearing the same public passenger vehicle license number.
Upon revocation of any license, the licensee shall take all actions to remove all indicia of City licensure from any person or vehicle affected by the license revocation.
(Added Coun. J. 1-18-12, p. 19118, § 2; Amend Coun. J. 9-11-13, p. 59869, § 4; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 7)
In the event that the commissioner, after investigation and hearing, determines that any licensee (1) has obtained any public passenger vehicle license by fraud, misrepresentation, willful misstatement or omission of any material fact, or in case any licensee fails 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 public passenger 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 9-112-320 of this Code, the commissioner may institute proceedings with the department of administrative hearings to revoke any or all public passenger vehicle licenses, and any other City licenses held by licensee.
(Added Coun. J. 1-18-12, p. 19118, § 2)
The commissioner shall have the power to rescind any license erroneously or illegally issued, transferred or renewed pursuant to this chapter. 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 first class 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. 4-19-17, p. 47373, § 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 public passenger vehicles for inspection or for the performance of any other duty by the Commissioner upon demand is considered to be 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, § 2; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 7)
It is the duty of every licensee to notify the commissioner whenever any change in his Chicago address, telephone number, electronic mail (e-mail), or contact information is made. The licensee must notify the commissioner of such change within four 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, § 2)
Whenever any changes occur in the officers of the licensee, the licensee shall notify the department within 30 days of the effective date of the change on forms specified by the commissioner. For purposes of this section, the term "officer of the licensee" or "officers of the licensee" means the members of a partnership, the officers, directors, managers or shareholders of a corporation, or the managers or managing members of a limited liability company or other legal entity licensed pursuant to this chapter.
The commissioner will promulgate rules describing the process that licensees must follow when they are removing or changing officers’ equipment and the applicable fees for removal or change of officers.
(Added Coun. J. 1-18-12, p. 19118, § 2; Amend Coun. J. 6-6-12, p. 28356, § 23; Amend Coun. J. 11-20-19, p. 9510, Art. IV, § 23)
Every person licensed under this chapter 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.
Upon request of the commissioner, licensees must submit requested lease agreements, driver records, financial reports or any other pertinent documents within three business days, and the commissioner reserves the right to audit the finances and reported data of any licensee.
The commissioner may by rule require licensees to file an annual financial report. The commissioner may by rule specify the form, format and deadline for licensees to submit annual financial reports. Such financial reports may include, but are not limited to: a profit and loss statement for the preceding calendar year, showing all his earnings and expenditures for operation, maintenance and repair of property, depreciation expense, premiums paid for workers compensation and public liability insurance, and taxes for unemployment insurance and social security, and all state and local license fees, property taxes and federal income taxes, and a balance sheet taken at the close of said year.
The commissioner, or the authorized committee of the council, shall have access to the property, books, contracts, accounts and records during normal business hours at said place of business, for such information as may be required for the effective administration and enforcement of the provisions of this chapter, or for the adoption of any ordinances, rules affecting public passenger vehicle operations.
(Added Coun. J. 1-18-12, p. 19118, § 2; Amend Coun. J. 3-16-16, p. 20056, § 5)
Loading...