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(a) No person shall engage in a transportation network provider business in the city without a transportation network provider license issued pursuant to this chapter.
(b) No vehicle shall be used as a transportation network vehicle in the city except by a driver affiliated with a transportation network provider licensed pursuant to this chapter.
(c) It shall be unlawful for any transportation network provider licensed by another jurisdiction to provide a transportation network service within the corporate boundaries of the city, except where the passengers have as their destination the community in which such provider is licensed.
(d) A transportation network vehicle operated by a driver affiliated with a provider licensed by another jurisdiction may come into the city to discharge passengers whose trip originated outside of the city.
(Added Coun. J. 5-28-14, p. 82771, § 1)
(a) In addition to the license fees specified in Section 9-115-140, the annual fee for the issuance or renewal of a transportation network provider license shall be $10,000.00. The license fee shall be paid as a precondition to issuance or renewal of the license and shall not be prorated.
(b) Except for the initial license period, a transportation network provider license shall be issued or renewed for a one-year license term starting on April 1.
(c) Nothing in this section shall affect the rights of the city to impose or collect any other applicable tax upon the use or operation of a transportation network vehicle in addition to the license fee specified in this section.
(d) A transportation network provider license is non-transferable.
(e) Each transportation network provider shall remit to the city an additional administrative fee of two cents per ride accepted (as that term is defined in Section 3-46-020) on a schedule to be determined by the commissioner.
(Added Coun. J. 5-28-14, p. 82771, § 1; Amend Coun. J. 10-28-15, p. 12122, § 6; Amend Coun. J. 6-22-16, p. 27771, § 6)
(a) Application for the issuance or renewal of a transportation network provider license shall be made in writing to the department on a form provided by the department and signed and sworn to by the applicant or, if the applicant is a corporation, limited liability company, or partnership, by its authorized agent. Each application shall contain at a minimum:
(1) If the license applicant is an individual:
(i) The individual's full name, social security number, residence address, business address, business e-mail address and business telephone number;
(ii) Proof that the applicant is at least 18 years of age;
(2) If the license applicant is a corporation:
(i) The corporate name, business address and telephone number of the applicant;
(ii) The date and state of incorporation;
(iii) The full names, titles, social security numbers, residence addresses, e-mail addresses and residence telephone numbers of its corporate officers, and of those stockholders who own 25 percent or more of its voting shares, and of its authorized agent;
(iv) Proof that all corporate officers are at least 18 years of age; and
(v) Proof that the corporation is in good standing under the laws of the State of Illinois.
(3) If the license applicant is a partnership or limited liability company:
(i) The name, business address or principal office address and telephone number of the applicant;
(ii) The full names, social security numbers, residence addresses, e-mail addresses and residence telephone numbers of (a) the three members who own the highest percentage interests in such partnership or limited liability company, (b) the general partner of a partnership, (c) the managing member of a limited liability company, (d) the applicant's authorized agent, and (e) any other member who owns a 25 percent or more interest therein;
(iii) The full name, address, e-mail address and telephone number of a person authorized to receive notices issued pursuant to this chapter; and
(iv) Proof that all persons, partners, managers, managing members and members, as applicable, are at least 18 years of age.
(b) In addition to the license application requirements listed in subsection (a), and in addition to any other information that the commissioner may reasonably require in connection with the issuance or renewal of a license, any applicant for license issuance or renewal shall provide to the commissioner, in a manner the commissioner prescribes, (i) the full name, driver's license number and address of drivers registered with the applicant, (ii) the license plate number, registered owner and the vehicle identification numbers of the transportation network vehicles registered with the applicant with a document attesting that each such vehicle meets the inspection and vehicle standard requirements provided in this chapter; (iii) list of wheelchair-accessible transportation network vehicles registered with the applicant; and (iv) the applicant's insurance policies as provided in Section 9-115-090.
(Added Coun. J. 5-28-14, p. 82771, § 1)
(a) In order to qualify for a transportation network provider license, whether upon initial application or upon application for renewal of a license:
(1) an applicant shall be in compliance with all applicable City, State of Illinois and federal laws;
(2) an applicant shall have a place of business in the City of Chicago:
(i) with respect to any corporate or limited liability company applicant, the company shall be organized or qualified to do business under the laws of the State of Illinois and have a place of business in the City of Chicago; or
(ii) with respect to any partnership applicant, the partnership shall have a place of business in the City of Chicago; or
(iii) with respect to any individual applicant, the applicant shall reside and be domiciled in the City of Chicago.
(3) 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 transportation network provider 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, or of any officer or director of a corporate applicant, as a City license holder;
(2) The applicant's ability to provide lawful, safe, suitable and comfortable service; the applicant's ability to engage qualified transportation network drivers and eligible transportation network vehicles; and the applicant's ability to provide service to customers with disabilities;
(3) The applicant's ability to maintain mandated insurance; and
(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 transportation network provider business.
(c) No applicant is eligible for a license if: (1) any transportation network provider license held by the applicant, or by any officer or director of a corporate applicant or partner of a partnership applicant or manager or managing member of a limited liability company applicant, has been revoked within the previous three years, or has been denied or 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 2012, codified at 720 ILCS 5/2-0.5 et seq., or its equivalent under federal or other jurisdictional law. Provided, however, any conviction for a minor cannabis offense, as defined in Section 4-4-005, shall not disqualify an applicant.
(d) Eligibility for issuance of any license under this chapter shall be a continuing requirement for maintaining such license.
(Added Coun. J. 5-28-14, p. 82771, § 1; Amend Coun. J. 1-27-21, p. 26741, Art. II, § 14; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 8)
(a) Upon receipt of an application for the issuance or renewal of a transportation network provider license, the commissioner may investigate the applicant for compliance with all applicable provisions of this Code, including but not limited to, the applicant's compliance or ability to comply with the license qualification requirements specified in Section 9-115-060.
(b) Every individual applicant shall be required to submit to fingerprinting and shall provide photos of the applicant as required by the commissioner. The authorized agent of every corporate, limited liability company, or partnership applicant shall be required to submit to fingerprinting and shall provide photos of the authorized agent as required by the commissioner. Applicants shall be responsible for the costs of fingerprinting and photos.
(c) As part of the application process, fees sufficient to cover the costs of processing fingerprints and photos will be assessed in addition to the license fees set forth in this Code. The fingerprinting 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 by rules and regulations promulgated by the commissioner.
(d) If an application for the issuance or renewal of a license is denied, the applicant may within ten days of the mailing of notice of the denial make a written demand upon the commissioner for a hearing. Upon receipt of a timely written demand for a hearing the commissioner shall within 30 days conduct a hearing. If at such a hearing the applicant establishes through competent evidence that the denial was based upon incorrect findings the commissioner shall issue the license. If at such a hearing the denial is found to have been based upon correct findings, the denial shall become final. After entry of a final denial, the applicant shall be ineligible to make a new application for a period of 18 months.
(Added Coun. J. 5-28-14, p. 82771, § 1)
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 and the applicable fees for removal or change of officers.
(Added Coun. J. 6-25-21, p. 31925, Art. VI, § 8)
The commissioner shall have the power to rescind, pursuant to this section, any transportation network provider license erroneously or illegally issued or renewed pursuant to this section. In order for such a rescission to be effective, the commissioner shall notify the licensee of the date the rescission will take effect. The notice shall be provided by first-class mail or in person. The commissioner shall indicate in such notice the basis for the rescission and shall 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 the rescission decision based upon the evidence presented by the licensee. 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. 5-28-14, p. 82771, § 1)
(a) Every licensee and transportation network driver shall comply with all applicable insurance requirements mandated by federal, State of Illinois, and city laws.
(b) Each applicant for the issuance or renewal of a transportation network provider license shall provide proof that the applicant has:
(i) commercial general liability insurance to secure payment by the applicant of any final judgment or settlement of any claim against the applicant or employees of the applicant's transportation network provider business. Such insurance shall name the City of Chicago as an additional insured on a primary noncontributory basis for any liability arising, directly or indirectly, from the licensee's operations; and shall include a provision requiring 30 days' advance notice to the commissioner prior to cancellation or lapse, or any change of the policy.
(ii) commercial automobile liability insurance to secure payment by the applicant of any financial judgment or settlement of any claim against the applicant or the applicant's transportation network drivers resulting from any occurrence arising out of or caused by the operation of a transportation network vehicle. The licensee shall provide 30 days' advance notice to the commissioner prior to cancellation or lapse, or any change of the policy.
(c) Such insurance policies shall provide at least the following minimum coverage: (1) commercial general liability insurance with limits of not less than $1,000,000.00 per occurrence, for bodily injury, personal injury, and property damage; (2) (i) commercial automobile liability insurance with a combined single limit for bodily injury and property damage of $1,000,000.00 per occurrence, covering liability resulting from any occurrence arising out of or caused by the operation of a transportation network vehicle (including owned, hired, and non-owned vehicles) while the applicant's transportation network driver has accepted a ride until the completion of the ride; and (ii) automobile liability insurance with limits for bodily injury and property damage not less than the minimum amount required under Section 7-601 of the Illinois Vehicle Code, codified at 625 ILCS 5/7-601, per occurrence, covering liability resulting from any occurrence arising out of or caused by the operation of a transportation network vehicle (including owned, hired, and non-owned vehicles) while the applicant's transportation network driver is logged onto the transportation network provider's Internet-enabled application or digital platform showing that the driver is available to pick up passengers until such driver accepts a ride.
(d) The insurance policies required in this section shall be: (i) available to cover claims as specified in this section regardless of whether a driver maintains insurance adequate to cover any portion of the claim; (ii) disclosed on the licensee's Internet-enabled application and website in the form of endorsement pages from the insurance company, and (iii) maintained in full force at all times that the transportation network provider offers or provides transportation network service.
(e) No transportation network provider license shall be issued unless the applicant first provides copies of the insurance policies required in this section to the commissioner. If the insurance policies are furnished to the city under a claim that they are proprietary, privileged or confidential, then the department, consistent with applicable law, shall treat such information as confidential, and shall provide the licensee with a copy of any appeal, received by the department, of the department's notice of denial provided to a third party seeking inspection and copies of such information.
(f) Any driver shall provide to any authorized law enforcement officer, in addition to any applicable insurance, proof of the insurance policies required by this section in case of a crash involving a transportation network vehicle while he is operating a transportation network vehicle.
(Added Coun. J. 5-28-14, p. 82771, § 1; Amend Coun. J. 10-28-15, p. 11951, Art. VI, §§ 26, 48; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 26; Amend Coun. J. 11-17-21, p. 41319, Art. V, § 7)
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