Office of the City Clerk - Record #: SO2015-8045

• Record #: SO2015-8045
• Type: Ordinance
• Status: Passed
• Intro date: 11/18/2015
• Current Controlling Legislative Body: Committee on License and Consumer Protection
• Final action: 12/9/2015
• Title: Amendment of Municipal Code Titles 3, 4, 9 and 10 regarding confiscation of illegal cigarettes, cigarette vending machines, denial, revocation or suspension of licenses, immigration assistance, bill of rights regarding tax preparation services, and extension of produce stands on public way pilot program
• Sponsors: Emanuel, Rahm
• Topic: MUNICIPAL CODE AMENDMENTS - Title 3 - Revenue & Finance - Ch. 42 Cigarette Tax, MUNICIPAL CODE AMENDMENTS - Title 4 - Businesses, Occupations & Consumer Protection - Ch. 4 General Licensing Provisions, MUNICIPAL CODE AMENDMENTS - Title 4 - Businesses, Occupations & Consumer Protection - Ch. 6 Regulated Business License, MUNICIPAL CODE AMENDMENTS - Title 4 - Businesses, Occupations & Consumer Protection - Ch. 44 Income Tax Preparers, MUNICIPAL CODE AMENDMENTS - Title 9 - Vehicles, Traffic & Rail Transportation - Ch. 104 Public Chauffeurs, MUNICIPAL CODE AMENDMENTS - Title 10 - Streets, Public Ways, Parks, Airports & Harbors - Ch. 28 Structures On & Under Public Ways

Date	Journal Page Number	Action By	Action	Result
12/9/2015	15481	City Council	Passed as Substitute	Pass
12/8/2015		Committee on License and Consumer Protection	Substituted in Committee	Pass
11/18/2015	13112	City Council	Referred

SUBSTITUTE ORDINANCE

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:


SECTION 1. Section 3-42-110 ofthe Municipal Code of Chicago is hereby amended by deleting the language stricken through and inserting the language underscored, as follows:

3- 42-110 Confiscation of illegal cigarettes and cigarette-vending machines.

(Omitted text is unaffected by this ordinance)

(b) After issuing a notice of violation, the comptroller or the commissioner of business affairs and consumer protection shall institute an action with the department of administrative hearings which shall appoint an administrative law officer who shall conduct the hearing, no later than 45 days after the issuance of the notice of violation, to determine whether the cigarette packages at the time of issuance ofthe notice of violation, were unstamped or improperly stamped in violation of the provisions of this chapter. If the alleged violation is not contested or the administrative law officer determines by a preponderance of the evidence that any or all of the cigarette packages were unstamped or improperly stamped in violation of the provisions of this chapter, the administrative law officer shall enter an order requiring payment by the cigarette purveyor or the owner of the following penalty for cigarettes possessed in violation of Section 3-42-020: $1,000.00 $2.000.00 for a first violation involving forty or fewer packages, and $25.00 $50.00 per package for a violation involving over forty packages, and an additional $2.000.00 $4.000.00 for the second and each subsequent offense occurring within 24 months, plus fees for the seizure and storage of any seized cigarette packages or cigarette-vending machines. Any penalty imposed for a violation of Section 3-42-020 shall be in addition to any penalty imposed for a violation of Section 3-42-025. If the administrative law officer determines a violation, all unstamped or improperly stamped cigarette packages seized under this section shall be fo...