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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)
Any license for which an application for renewal has not been made as specified within this chapter or which has been revoked, surrendered, rescinded, cancelled or otherwise forfeited, may be reissued by the commissioner pursuant to the provisions of this chapter.
(Added Coun. J. 1-18-12, p. 19118, § 2)
(a) A licensee licensed under this chapter or Chapter 9-115 of this Code, or a taxi dispatcher, only as provided in Section 9-112-600(i) of this Code, may charge passengers at a higher fare rate than the regular fare rate displayed in the licensee's Internet-enabled application or digital platform, or, if the dispatched vehicle is a taxicab, at a rate higher rate than the rate provided in Section 9-112-600, only if such licensee or such licensee's dispatch complies with all of the following requirements:
(i) the licensee or the licensee's dispatch, through the licensee's or the dispatch's Internet-enabled application or digital platform and e-mail accounts of the licensee's subscribers, provide public notice of the time period when the higher fare rate would apply; and
(ii) the licensee's or the licensee's dispatch Internet-enabled application or digital platform clearly provides to a customer requesting a trip the option to obtain the total reasonable fare estimate of the trip in a range expressed in dollars and cents, in addition to any applicable rate multiplier. The on-screen prompt for the choice to decline the fare estimate shall be smaller in size than the on-screen prompt to accept that estimate. For purposes of this section, the commissioner is authorized to regulate, by rule, the permissible range of fare estimate that shall be provided pursuant to this section; and
(iii) no fare greater by 20 percent than the fare estimate provided pursuant to subsection (a)(ii) shall be charged for the trip, unless the customer changes the destination or route from that initially requested; and
(iv) the customer requesting the ride expressly agrees to the fare estimate unless, pursuant to subsection (a)(ii), the customer has chosen to decline the estimate offered when accepting the ride on the licensee's or the licensee's dispatch Internet-enabled application or digital platform.
(b) The commissioner is authorized to regulate, by rule, the amount of increase in fare rate from the regular fare rate displayed in the licensee's Internet-enabled application or digital platform and the manner of fare amount calculation for providing a prearranged transportation service. In addition, the commissioner is authorized to require licensees licensed under this chapter or Chapter 9-115 of this Code to comply with nationally recognized technical and technological standards applicable to fare amount calculation for providing a prearranged transportation service, as determined by the commissioner.
(c) If applicable law allows taxicab licensees to charge at a higher rate than the rate provided under Chapter 9-112 of this Code, this section applies to the regulation of such rate to the extent such regulation is allowed under the applicable law.
(Added Coun. J. 5-28-14, p. 82771, § 5; Amend Coun. J. 10-28-15, p. 12062, Art. XI, § 4)
ARTICLE II. LIVERY (9-114-270 et seq.)
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