9-114-280 Solicitation of passengers prohibited.

   It is unlawful for any person to solicit passengers for transportation on any public way or in any city airport except as specifically provided by contract as approved by the City Council of the City of Chicago, pursuant to Section 10-36-270.

   It shall be unlawful for any livery vehicle not licensed as such by the City to solicit or accept business within the corporate boundaries of the City of Chicago, except where the passengers are destined to the community in which such livery vehicle is licensed and then only when such transportation has been arranged in advance.

   No livery vehicle shall be parked on any public way for a time longer than is reasonably necessary to accept passengers in answer to a call for service and no passenger shall be accepted for any trip in such vehicle without previous engagement for such trip, at a fixed charge or fare, through the station or office from which said vehicle is operated.

   Any person who violates this section shall be punished by a fine as provided in Section 9-114-410. Each day that such violation shall continue shall be deemed a separate and distinct offense. In addition to fines, penalties for any violations of this section may include license suspension or revocation.

(Added Coun. J. 1-18-12, p. 19118, § 2; Amend Coun. J. 11-21-17, p. 61755, Art. IX, § 28)

9-114-285 Livery chauffeurs' training requirements.

   (a)   No person shall be licensed as a livery chauffeur unless such person has successfully completed a restricted chauffeur training program in accordance with Chapter 9-104 of this Code and any rules promulgated thereunder. Provided, however, that the requirements of this section and the training requirements of Chapter 9-104 applicable to a livery chauffeur applicant shall be deemed to have been met if the applicant for such license successfully completes a livery chauffeur training program approved by the Commissioner and conducted by the licensee or other authorities approved by the Commissioner. In addition to other applicable requirements, the training program conducted by the licensee or other authorities approved by the Commissioner must cover topics related to providing service to people with disabilities.

   (b)   It shall be unlawful for any licensee under this Chapter 9-114 to allow any individual who does not hold a valid public chauffeur license, as defined in Section 9-104-010, to operate the licensee's livery vehicle as a public passenger vehicle.

(Added Coun. J. 5-28-14, p. 82771, § 5; Amend Coun. J. 11-21-17, p. 61755, Art. IX, § 29)

9-114-290 Livery vehicles – Commercial advertisements.

   It is unlawful for any person other than a livery licensee or his agent to represent to the public that he renders livery service.

   (a)   It is unlawful for any livery vehicle to display any advertising sign or device on or in a licensed livery vehicle before the advertising sign or device is approved by the Commissioner and permitted pursuant to this section.

   (b)   Livery licensees may apply for permits to display an advertising sign or device on the exterior or the interior of the livery vehicle, or both. A separate permit is required for each exterior and interior advertising display. The Commissioner shall promulgate rules: (1) specifying the locations on the livery vehicle where advertising signs or devices may be displayed; (2) describing the permissible design, construction, and method of affixing the display to the livery vehicle; and (3) specifying insurance requirements for approving a permit to display an advertising sign or device on or in the livery vehicle. The rules also may include additional guidelines for such 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 any other law to be displayed in the interior or on the exterior of livery vehicles, including but not limited to distinctive signage; and

      (4)   the advertising or advertising equipment’s potential to create confusion by implying that the vehicle is a taxicab. A livery vehicle with the appearance of a taxicab is considered an unlicensed taxicab in violation of Chapters 2-25 and 9-112.

   (c)   The fee for the issuance of any advertising display permit shall be $100.00 for each display, due at 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.

   (d)   Where the Commissioner has approved any type of advertising display device that involves the installation of a physical apparatus on or in the livery vehicle, an inspection is required as part of the advertising permitting process. The fee for such inspection shall be an additional $100.00, payable prior to the inspection.

   (e)   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 (c) and (d) 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.

   (f)   An advertising permit issued under this section shall expire one year after the date of issue, unless it is surrendered, revoked, or terminated prior to that date.

   (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 livery vehicle.

(Added Coun. J. 1-18-12, p. 19118, § 2; Amend Coun. J. 11-14-18, p. 90376, Art. IV, § 6; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 7)

9-114-300 Vehicle out of service – Notice to city required.

   Every livery shall be operated regularly to the extent reasonably necessary to meet the public demand for service. If the service of any livery is discontinued for a period of 20 continuous days for any reason except on account of strike, act of God, shortages of gasoline or other necessary materials or cause beyond the control of the individual licensee other than the inability of the licensee to lease his livery, the licensee must notify the commissioner that such livery is out of service. The commissioner may give written notice to the licensee to restore the livery to service, and if it is not restored within five business days after notice, the commissioner may revoke the license.

(Added Coun. J. 1-18-12, p. 19118, § 2)

ARTICLE III. CHARTER-SIGHTSEEING VEHICLES (9-114-310 et seq.)

9-114-310 Specifications.

   (a)   Vehicles having a manufacturer's rated capacity of ten or more persons, including the driver, may be licensed as charter/sightseeing vehicles.

   (b)   No vehicle shall be licensed as a charter/ sightseeing vehicle unless it meets applicable Federal Motor Vehicle Safety Standards for vehicles of its size, type and proposed use.

(Added Coun. J. 1-18-12, p. 19118, § 2)

9-114-315 Allowing unlawful acts.

   (a)   For purposes of this section, the following definitions apply:

   "Allow" means: (1) to permit or approve, either in writing or orally; or (2) to fail to take corrective action.

   "Authorized City Personnel" means those employees of the Departments of Aviation, Business Affairs and Consumer Protection, Emergency Management and Communications, Police and Transportation who have been authorized by their respective department heads to obtain information in the field to determine compliance with the Municipal Code.

   "Corrective action" means to first make a prompt demand that a passenger either refrain from committing the acts set forth in subsections (b) and (c) of this section or depart from the charter/sightseeing vehicle. If the recipient of the demand does not comply with the demand, "corrective action" means to promptly terminate the charter/sightseeing service and return any passengers to their point of origin or final destination, or make a prompt report of the unlawful act(s) to the Chicago Police Department. If a passenger violates subparagraph (b)(4) or (b)(5) of this section, or if a passenger's violation of subsection (b) or (c) of this section causes bodily harm or property damage, "corrective action" shall also include the acts required in subsection (d).

   "Owner" means an owner of a charter/sightseeing vehicle or charter/sightseeing service, including an individual, firm, partnership, joint venture, association, corporation, estate, trust, trustee, or any other group or combination acting as a bus company or other business entity.

   "Security guard" means the individual required for certain trips pursuant to Section 9-114-320 in addition to the security camera specified therein. A security guard must be a private security contractor duly licensed pursuant to 225 ILCS 447/ 25-5, et seq., or a registered employee of a private security agency with a valid permanent employee registration card pursuant to 225 ILCS 447/25-5, et seq.

   (b)   No owner, or driver of a charter/sightseeing vehicle, or security guard, shall allow any passenger:

      1.   who is under the age of 21 to possess or consume alcoholic liquor.

      2.   to engage in disorderly conduct.

      3.   to unlawfully possess any drug paraphernalia.

      4.   to unlawfully possess a firearm.

      5.   to discharge a firearm.

      6.   to hurl projectiles from the vehicle.

      7.   to commit indecent exposure.

      8.   to litter.

      9.   to unlawfully possess or use cannabis or any controlled substance.

   (c)   No owner, or driver of a charter/sightseeing vehicle, or security guard, shall allow any person who is visibly inebriated onto that vehicle unless the next stop is the point of origin or final destination.

   (d)   If a passenger violates subparagraph (b)(4) or (b)(5) of this section, or if a passenger's violation of subsection (b) or (c) of this section causes bodily harm or property damage, the driver, or security guard if there is one, must, when it is reasonably safe to do so: (1) promptly report to the Police Department, via a telephone call to 911, any such violation reported to or observed by the driver or security guard; (2) answer fully and truthfully all questions asked by Authorized City Personnel regarding the violation; (3) cooperate with the City in any such inquiry or investigation by giving oral or written statements to the City at reasonable times and locations in the course of any investigation; and (4) sign a complaint against the passenger if the driver or security guard saw the violation take place.

   (e)   A driver's or security guard's violation of this section or Section 9-114-320 shall be attributable to, and deemed a violation by, the owner. A notice of violation of this section or Section 9-114-320 shall be deemed served upon the owner once it has been deposited in U.S. mail with proper postage prepaid and properly addressed to the registered agent of the charter/sightseeing vehicle business entity or, alternatively, to the registered owner of the vehicle.

(Added Coun. J. 9-14-16, p. 31399, § 1; Amend Coun. J. 4-19-17, p. 47373, § 1; Amend Coun. J. 11-26-19, p. 11547, § 19; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 7)

9-114-320 Charter/sightseeing vehicles – Requirements and restrictions.

   (a)   General. Charter/sightseeing vehicles shall not be used for transportation of passengers except on sightseeing tours or charter trips.

   No person shall solicit passengers for sightseeing tours upon any public way except at stands specially designated by the City Council for sightseeing vehicles.

   Each charter/sightseeing vehicle that is not subject to requirements to display identification or information pursuant to rules imposed by the U.S. Department of Transportation, Illinois Commerce Commission, or federal or state law shall display the City of Chicago public vehicle (for purposes of this section, "COCPV") license number, preceded by the initials "COCPV", and the name of and a contact telephone number for the owner. For purposes of this section, a license plate is not "identification information". The markings required by this section must:

      (1)   Be painted or otherwise permanently affixed to, and appear on both sides of the vehicle;

      (2)   Be in letters that contrast sharply in color with the background on which the letters are placed;

      (3)   Be readily legible, during daylight hours, from a distance of 50 feet while the vehicle is stationary; and

      (4)   Be kept and maintained in a manner that retains the legibility required by the preceding paragraph (3).

   The driver of a charter/sightseeing vehicle shall keep an itinerary identifying the point of origin and each stop for the current trip, in such form and format as the Commissioner specifies, and shall present that itinerary to Authorized City Personnel, as that term is defined in Section 9-114-315, upon request.

   The owner of each charter/sightseeing vehicle subject to City licensure under this chapter shall include their City license account (I.R.I.S.) number on all advertising and promotional materials for the charter/sightseeing service, on any web page promoting or describing the charter/sightseeing service, and on any trip contract used for the trip.

   (b)   Trips that include alcohol. In addition to the requirements of subsection (a), the requirements and restrictions of this subsection (b) apply to each trip with fifteen or more passengers that includes the opportunity for passengers to consume alcoholic liquor either: (i) while on the vehicle, or (ii) during an interim stop on the trip (i.e. a stop other than the point of origin or final destination).

      (1)   Each charter/sightseeing vehicle subject to this subsection (b) that: (i) has no itinerary stops (i.e. hired for the opportunity for social or recreational activity on the vehicle); or (ii) serves or allows the consumption of alcoholic liquor on the vehicle shall comply with all of the following requirements: (i) contain a security guard to accompany the driver for the entire trip; (ii) be equipped with one or more fully operational security cameras meeting specifications set by rule; and (iii) have a written plan of operation addressing safety protocols which shall be kept in the vehicle and shall be available for inspection by Authorized City Personnel, as that term is defined in Section 9-114-315, upon request.

      (2)   Each charter/sightseeing vehicle subject to this subsection (b) with an itinerary of listed stops shall comply with all of the following requirements: (i) contain personnel, who could be the driver or another individual, trained in safety protocols to ensure the safety of the passengers, the chauffeur/driver and the public for the entire trip, and (ii) be equipped with one or more fully operational security cameras meeting specifications set by rule; and (iii) have a written plan of operation addressing safety protocols which shall be kept in the vehicle and shall be available for inspection by Authorized City Personnel, as that term is defined in Section 9-114-315, upon request.

   The owner, driver of a charter/sightseeing vehicle or security guard shall take affirmative measures to determine that no passenger is in violation of Section 9-114-315(b)(4).

   Upon commencing a trip in the City of Chicago, or upon or prior to entering the City of Chicago, the driver of a charter/sightseeing vehicle or security guard shall present to each passenger the text of subsections 9-114-315(b) and (c). This text may be presented via an information sheet or placard, a spoken presentation to the passengers, or a video. The presentation shall be subject to discretionary audit by Authorized City Personnel, as that term is defined in Section 9-114-315.

   No charter/sightseeing vehicle shall include a stop for purposes of visiting any public park during the hours the park is closed.

(Added Coun. J. 1-18-12, p. 19118, § 2; Amend Coun. J. 4-19-17, p. 47373, § 1; Amend Coun. J. 11-7-18, p. 88803, § 26; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 7)

9-114-325 Plan of operation – Vehicle violations cumulative.

   Any owner who has been found liable for unlicensed operation, or who has otherwise been subjected to disciplinary action for violations of this chapter, may be required to enter into a plan of operation acceptable to the Commissioner as a condition of being allowed to engage in or resume licensed operation. Any such plan of operation shall be imposed at the Commissioner's direction and shall contain such requirements and restrictions that the Commissioner determines are necessary and appropriate to ensure safe operation, taking into account the nature and number of the pertinent violations.

   A cease-and-desist order imposed for a violation committed in conjunction with any charter/sightseeing vehicle shall apply to all charter/sightseeing vehicles in that owner's fleet. A license suspension or revocation imposed for a violation committed in conjunction with any charter/sightseeing vehicle shall apply to all charter/sightseeing vehicles in that owner's fleet. The Commissioner shall consider the number and nature of violations that trigger license suspension or revocation on a fleet-wide basis as opposed to a vehicle-specific basis. For purposes of this paragraph, "fleet" shall mean all charter/sightseeing vehicles under common ownership.

(Added Coun. J. 4-19-17, p. 47373, § 1)