(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)