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Record #: SO2016-7981   
Type: Ordinance Status: Passed
Intro date: 11/1/2016 Current Controlling Legislative Body: Committee on Finance
Final action: 11/16/2016
Title: Amendment of Municipal Code Titles 2, 3, 4, 7, 9 and 10 concerning various taxes, charges and fees (2017 Revenue Ordinance)
Sponsors: Emanuel, Rahm
Topic: MUNICIPAL CODE AMENDMENTS - Title 2 - City Government & Administration - Ch. 32 Dept. of Finance, MUNICIPAL CODE AMENDMENTS - Title 2 - City Government & Administration - Ch. 102 Dept. of Transportation, MUNICIPAL CODE AMENDMENTS - Title 3 - Revenue & Finance - Ch. 4 Uniform Revenue Procedures, MUNICIPAL CODE AMENDMENTS - Title 3 - Revenue & Finance - Ch. 20 Tour Boat Operator Tax Ordinance, MUNICIPAL CODE AMENDMENTS - Title 3 - Revenue & Finance - Ch. 32 Chicago Personal Property Lease Transaction Tax, MUNICIPAL CODE AMENDMENTS - Title 3 - Revenue & Finance - Ch. 46 Chicago Ground Transportation Tax, MUNICIPAL CODE AMENDMENTS - Title 3 - Revenue & Finance - Ch. 50 Chicago Checkout Bag Tax Ordinance, MUNICIPAL CODE AMENDMENTS - Title 4 - Businesses, Occupations & Consumer Protection - Ch. 156 Amusements, MUNICIPAL CODE AMENDMENTS - Title 4 - Businesses, Occupations & Consumer Protection - Ch. 236 Parking Lot & Garage Operations Tax, MUNICIPAL CODE AMENDMENTS - Title 7 - Health & Safety - Ch. 30 Plastic Bag & Film Plastic Recycling Ordinance, MUNICIPAL CODE AMENDMENTS - Title 9 - Vehicles, Traffic & Rail Transportation - Ch. 4 Traffic Definitions & General Provisions, MUNICIPAL CODE AMENDMENTS - Title 9 - Vehicles, Traffic & Rail Transportation - Ch. 64 Parking Regulations, MUNICIPAL CODE AMENDMENTS - Title 9 - Vehicles, Traffic & Rail Transportation - Ch. 100 Admin. Adjudication of Parking or Compliance Violations, MUNICIPAL CODE AMENDMENTS - Title 9 - Vehicles, Traffic & Rail Transportation - Ch. 112 Public Passenger Vehicles, MUNICIPAL CODE AMENDMENTS - Title 10 - Streets, Public Ways, Parks, Airports & Harbors - Ch. 36 Parks, Playgrounds & Airports, MUNICIPAL CODE AMENDMENTS - Title 10 - Streets, Public Ways, Parks, Airports & Harbors - Ch. 8 Use Of Public Ways & Places
Attachments: 1. SO2016-7981.pdf, 2. O2016-7981.pdf

S U B S T I T U T E

R E V E N U E

O R D I N A N C E

 

                     WHEREAS, The City of Chicago is a home rule unit of government as defined in Article VII, Section 6 (a) of the Illinois Constitution; and

 

                     WHEREAS, As a home rule unit of government, the City of Chicago may exercise any power and perform any function pertaining to its government and affairs; and

 

                     WHEREAS, The management of its finances is a matter pertaining to the government and affairs of the City of Chicago; now, therefore,

 

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

 

                     This ordinance is organized into twelve Articles, as follows:

                                          

                     Article I                       House Number and Alley Vacation Fees

Article II                       Checkout Bag Tax

Article III                     Other Taxes

Article IV                     Commercial Loading Zones

                     Article V                     Parking Meters

                     Article VI                     Taxicab

                     Article VII                     Street Fairs

                     Article VIII                     Parking at Airports

                     Article IX                     Refund of Michael Reese Promissory Note

                     Article X                       Chicago Community Catalyst Fund

                     Article XI                     Severability and Repealer

                     Article XII                     Effective Date

                     

ARTICLE I.  HOUSE NUMBER AND ALLEY VACATION FEES

 

                     SECTION 1.  Section 2-102-080 of the Municipal Code of Chicago is hereby amended by deleting the language stricken through and by inserting the language underscored, as follows:

 

2-102-080  Legal descriptions and addresses, vacations - Vacations of the public way - Easements - Fees.

 

                     (a)                     Legal Descriptions and Addresses.                     Every Any person, other than officials and employees of the city City acting in their official capacities, who shall obtain the assistance of the from the department of transportation Department of Transportation for legal descriptions or an official house number certificates of certificate assigning an address to real property in the city City shall pay a fee of $5.00 $50.00 for each description or certificate address assigned.

 

.

                     (b)                     (1)                     Vacations of the public way - Easements. Whenever the city council has authorized the preparation of an ordinance for the vacation of the public way, the department of transportation official who is responsible for maps and plats shall charge and collect from the applicant or beneficiary a fee of $50.00 for the preparation of the ordinance and related work. The Commissioner of Transportation shall assess a non-refundable application fee of $1025.00 to process any application, submitted pursuant to the Department of Transportation’s Street and Alley Vacation Program, seeking City Council authorization to vacate the public way or to obtain an easement on, over or under the public way.  Provided, however, that if the applicant is a unit of local government, a non-refundable application fee of $500.00 shall be assessed. 

 

                                          (2)                     In addition to the application fee required under subsection (b)(1) of this section, the applicant shall also be required to pay: (i) all third party costs incurred by the Department necessary or appropriate to ensure the validity of the land conveyance including but not limited to any costs associated with survey work, title work, appraisal of the real property or interest therein, recording of title and other associated expenses; and (ii) all third party costs necessary or appropriate to affect any utility relocation or adjustment including but not limited to all costs incurred in connection with the purchase and installation of new pipes or wires; and (iii) all third party costs necessary or appropriate to remove any objection identified by the

Office of Underground Coordination or by any utility review board including but not limited to excavation costs, environmental remediation costs and disposal costs.  If the applicant fails to submit a completed application in a timely manner or fails to meet any deadline necessary to complete the vacation or conveyance process, re-application shall be required and a

non-refundable re-application fee of $500.00 shall be assessed.  Provided, however, that if the person submitting the re-application is a unit of local government, a re-application fee of $250.00 shall be assessed.

 

                                          (3)                     The appraisal of the real property or interest therein required under subsection (b)(2) of this section shall be: (i) ordered by the Department of Law, at the request of the Department of Transportation, and (ii) made by a qualified MAI appraiser approved by the Department of Transportation, and (iii) paid for by the applicant.

 

                                          (4)                     If the City Council adopts an ordinance authorizing vacation of the public way or an easement on, over or under the public way, the consideration for such vacated real property or easement shall be the fair market value of such property as set forth in the MAI appraisal. Provided, however, that the City Council may adopt an ordinance authorizing consideration for the vacated real property or easement in an amount less than the MAI appraised fair market value of such property if the person seeking City Council authorization to vacate the public way or to obtain an easement on, over or under the public way is a City department or sister agency or a qualifying entity under the Department of Transportation’s not-for-profit and industrial vacation programs.

 

                     (5)                     All fees or other amounts payable under this subsection (b) shall be in addition to any amount payable by the applicant as consideration for the vacated real property. 

 

                     (6)                     As used in this subsection (b):

                                          

                                          “MAI appraisal” means an appraisal performed by a Member of the Appraisal Institute.

 

                                          “Sister agency” means the Chicago Public Schools, Chicago Park District, Chicago Transit Authority, City Colleges of Chicago, Chicago Housing Authority or Public Building Commission.

 

                                          

 

 

 

ARTICLE II.  CHECKOUT BAG TAX

 

                     SECTION 1.  Section 3-4-186 of the Municipal Code of Chicago is hereby amended by inserting the language underscored, as follows:

 

3-4-186  Annual returns.

 

(Omitted text is unaffected by this ordinance)

 

                                          B.                     The following revenue measures, and such other revenue measures as the city council City Council may designate in the future, are annual return taxes, the returns for which shall be filed on an annual basis:

Annual Return Tax . . . . . . . . . .                      Municipal Code Chapter/Section                      

Amusement Tax . . . . . . . . . . . .                     4-156                     

Bottled Water Tax . . . . . . . . . .                     3-43                     

Checkout Bag Tax . . . . . . . . . .                      3-50

 

(Omitted text is unaffected by this ordinance)

 

 

 

                     SECTION 2.  Title 3 of the Municipal Code of Chicago is hereby amended by inserting a new Chapter 3-50, as follows:

 

CHAPTER 3-50

CHICAGO CHECKOUT BAG TAX

3-50-010  Title.                     

 

This chapter shall be known and cited as the “Chicago Checkout Bag Tax Ordinance”, and the tax herein imposed shall be known and cited as the “Checkout Bag Tax”.

 

 

3-50-020  Definitions.

 

                     Whenever any of the following words, terms or phrases are used in this chapter, they shall have the following meanings:

 

                     “Customer” means any person who purchases tangible personal property from a store.

 

                     “Department” means the Department of Finance of the City.

 

                     “Checkout bag” means a paper carryout bag or a plastic carryout bag.

 

                     “Paper carryout bag” means any paper bag that is provided by a store to a customer for the purpose of carrying goods out of the store. The term “paper carryout bag” does not include bags that are ordinarily intended and designed for use by customers inside a store to: (1) package loose bulk items, such as fruit, vegetables, nuts, grains, candy, cookies or small hardware items; (2) contain or wrap frozen foods, meat or fish, whether prepackaged or not; (3) contain or wrap flowers, potted plants or other damp items; (4) segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a bag; or (5) contain unwrapped prepared foods or bakery goods.  Nor does the term “paper carryout bag” include: (i) bags provided by a pharmacist to contain prescription drugs; (ii) bags sold in packages containing multiple bags intended for use as garbage bags, pet waste bags or yard waste bags; (iii) bags provided by a dine-in or take-out restaurant to contain food or drink purchased by the restaurant’s customers; or (iv) bags of any type that customers bring to a store for their own use or to carry away from the store goods that are not placed in a bag provided by the store.

                     

                     “Plastic carryout bag” means any plastic bag provided by a store to a customer for the purpose of carrying goods out of the store.  The term “plastic carryout bag” does not include bags that are ordinarily intended and designed for use by customers inside a store to: (1) package loose bulk items, such as fruit, vegetables, nuts, grains, candy, cookies or small hardware items; (2) contain or wrap frozen foods, meat or fish, whether prepackaged or not; (3) contain or wrap flowers, potted plants or other damp items; (4) segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a bag; or (5) contain unwrapped prepared foods or bakery goods.  Nor does the term “plastic carryout bag” include: (i) newspaper bags; (ii) dry cleaning or garment bags; (iii) bags provided by a pharmacist to contain prescription drugs; (iv) bags sold in packages containing multiple bags intended for use as garbage bags, pet waste bags or yard waste bags; (v) bags provided by a dine-in or take-out restaurant to contain food or drink purchased by the restaurant’s customers; (vi) bags of any type that customers bring to a store for their own use or to carry away from the store goods that are not placed in a bag provided by the store; (vii) plastic liners that are permanently affixed, or designed and intended to be permanently affixed, to the inside of a particular bag; or (viii) bags with a retail price of at least fifty cents ($0.50) each.

 

                     “Purchaser” means any person who purchases a checkout bag in a retail sale.

 

                     “Retail sale” means any sale to any person for use or consumption, and not for resale, from either a wholesale checkout bag dealer or a store.

 

                     “Store” means any person who engages in the business of selling tangible personal property, other than tangible personal property titled or registered with an agency of Illinois government, at retail in the City of Chicago, pursuant to the Home Rule Municipal Retailer's Occupation Tax Act, and who delivers or provides its property through the use of checkout bags.

 

                     “Use” of a checkout bag occurs when a store sells or gives (i.e., does not charge for the transfer) the checkout bag to a customer and the customer departs the store with such bag.  Where a store sells such a bag to a customer, and the customer departs the store with such bag, the customer shall be deemed the user of such bag. Where a store gives such a bag to a customer, and the customer departs the store with such bag, the store, as well as the customer, shall be deemed a user; however the tax shall be imposed only once.

 

                     “Wholesale checkout bag dealer” or “wholesaler” means any person who engages in the business of selling or supplying checkout bags to any store for use in the City and includes any such person who makes or fabricates checkout bags, or packs and sells checkout bags in packages.

 

3-50-030 Tax imposed.

 

                     A tax is hereby imposed on the retail sale or use of checkout bags in the City. The tax shall be paid by the user, and nothing in this chapter shall be construed to impose a tax on the occupation of a wholesaler or a store. The tax shall be imposed at the rate of seven cents ($0.07) per checkout bag sold or used in the City.

 

3-50-040  Liability for payment.

 

A.                     The ultimate incidence and liability for payment of the tax is to be borne by the user.

 

                     B.                     In the case of a checkout bag that is sold by a store to a customer, the tax shall be separately stated on the receipt provided to the customer at the time of sale and shall be identified as the “Checkout Bag Tax.” It shall be a violation of this chapter for the store to fail to separately itemize the tax upon a customer’s purchase of such bag, or to otherwise absorb the tax on such sale.

                     

                     C.                     In the case of a checkout bag that is given by a store to a customer, the store shall, at its option, either:

 

                     1.                     separately state the tax on the receipt provided to the customer at the time of sale of the store’s tangible personal property, in which case the store shall collect the tax from the customer; or

 

                     2.                     not separately state the tax on the receipt provided to the customer, in which case the store shall not collect the tax from the customer.

 

3-50-050  Collection, remittance and payment.

 

A.                     The tax shall be collected by each wholesaler who sells checkout bags to a store located in the City. The wholesaler shall remit the tax and file returns in accordance with Section 3-50-060.

 

B.                     Any wholesaler required to pay the tax shall collect the tax from each store in the City to whom the sales of checkout bags are made.

 

1.                     Where a checkout bag is sold by a store to a customer, the store shall collect the tax from the customer in the manner set forth in Section 3-50-040(B).

 

2.                     Where a checkout bag is given by a store to a customer, the store shall either collect or absorb the tax at its option in the manner set forth in Section 3-50-040(C).

 

3.                     Every store that remits or pays the tax imposed by this Chapter shall be eligible to retain two cents ($0.02) per checkout bag sold or used, resulting in a net remittance or payment of five cents ($0.05) per checkout bag sold or used.  A wholesaler receiving such remittance or payment from a store shall be required to remit to the Department only the net amount of five cents ($0.05) per checkout bag sold or used.

                     

C.                     If any store located in the City shall receive or otherwise obtain checkout bags upon which the tax has not been collected by any wholesaler, then the store shall collect the tax and remit it directly to the Department in accordance with Section 3-50-060 for sales made to its customers and shall pay or remit the tax for checkout bags that it has used in accordance with Section 3-50-060. 

 

D.                     If a wholesaler sells checkout bags to a purchaser other than a store for use or consumption by such person in the City, such wholesaler shall collect the tax from such purchaser and remit it to the Department in the same manner as applies to its sales to stores. The wholesaler shall be eligible to retain a commission in the amount of two cents ($0.02) per checkout bag sold to such purchaser.

                     

3-50-060  Tax payments and returns.

 

                     A.                     All tax payments and remittances shall be made in accordance with either Section 3-4-187 (payment of actual tax liabilities) or Section 3-4-188 (payment of estimated taxes).

 

                     B.                     All tax returns shall be filed with the Department on an annual basis on or before August 15 of each year in accordance with Sections 3-4-186 and 3-4-189.

 

3-50-070  Returns and payments required upon implementation of the tax and after future tax rate increases.

 

A.                     The Comptroller is authorized to establish by rule the filing date under this Section, which: (1) shall be determined based on considerations of administrative efficiency, and (2) in no event shall be later than 30 days after the effective date of this Section.

 

B.                     On or before the filing date set in accordance with subsection 3-50-070(A), every store shall file with the Department, on a form prescribed by the Comptroller, a tax return reporting the inventory of checkout bags in the store’s possession or control, on the effective date of this Section, for sale or use in the City. The store shall include with the tax return any tax due on the inventory of checkout bags in its control and possession, for sale or use in the City, for which all applicable tax has not been collected. The store shall in turn collect the tax from its customers in accordance with Section 3-50-040.

 

C.                     Every store that possesses checkout bags for sale or use in the City purchased prior to the effective date of a Checkout Bag Tax increase shall file with the Department, on a form prescribed by the Comptroller, a tax return attesting to the quantities of such checkout bags in its possession as of the last day prior to the tax increase, and remit to the Department the amount of tax due as a result of each rate increase. The store shall in turn collect the tax from its customers. Each such tax return and payment due under this subsection (C) shall be filed and received by the Department by the 30th day following the effective date of each tax increase.

 

D.                     Every store required to file a tax return under subsection 3-50-070(B) or 3-50-070(C) that does not file such tax return by its due date, or alternatively does not provide all required information on such tax return, or fails to remit all required tax due computed thereon, shall be subject to a penalty of $100.00 per business location required to be reported on the tax return, in addition to all other penalties and interest that may be due under the Uniform Revenue Procedures Ordinance, Chapter 3-4 of this Code.

 

E.                     If the Comptroller determines that a person subject to the penalty in subsection 3-50-070(D) had reasonable cause for paying late, underpaying the applicable tax, or filing a late or incomplete tax return, then the applicable penalty shall be waived.

 

F.                     The Comptroller, or his or her designee, may at any time during the statute of limitations outlined in Section 3-4-120 examine the books and records of any person required to file a tax return under this Section, and may issue a tax determination and assessment to the person per Section 3-4-160, if a determination is made that any amount of tax, penalty, or interest is due.

 

G.                     Every person required to file a tax return under subsection 3-50-070(B) or 3-50-070(C) who files a complete tax return by its due date and makes timely payment of the amount computed thereon shall be eligible to retain a commission in the amount of two cents per checkout bag on which the tax is computed due thereon.

 

3-50-080  Books and records.

 

                     Every person required to collect the tax imposed by this chapter shall keep accurate books and records of its business or activity, including original source documents and books of entry denoting the transaction that gave rise, or may have given rise, to the tax liability or any exemption that may be claimed.  All such books and records shall be kept in the English language and, at all times during regular business hours, shall be subject to and available for inspection by the Department.

 

3-50-090  Payment of tax required.

 

                     The failure of the wholesaler or store to collect the tax shall not relieve the user of its, his or her duty to pay it.  In the case of a checkout bag that is sold by a store to a customer, if the wholesaler and the store failed to collect the tax, the customer of a store shall be required to pay the tax directly to the Department in the same manner and form as a store that has used a checkout bag.

 

3-50-100  Authority to appoint collection agents.

 

                     The Comptroller may appoint one or more persons within or without the City as collection agents for the tax, and may enter into contracts with outside parties for that purpose, subject to the availability of duly appropriated funds.

 

3-50-110  Exemptions and credits.

 

                     A.                     This tax shall not apply to the extent it would violate the United States Constitution or the Constitution of the State of Illinois.

 

                     B.                     This tax shall not apply to the retail sale or use of checkout bags that are used to carry items purchased pursuant to the Supplemental Nutritional Assistance Program or a similar governmental food assistance program.

 

                     C.                     It shall be presumed that checkout bags sold or used by wholesalers and stores are subject to the tax imposed under this chapter until the contrary is established.  The burden of proving that such checkout bags are not taxable hereunder shall be upon the person so claiming.

 

            D.        In remitting the tax to a wholesaler, a store shall be allowed a credit of two cents per checkout bag purchased.

 

            E.         In remitting the tax to the Department, a wholesaler shall be allowed the same two-cent-per bag credit provided in (D), resulting in a five-cents-per-bag required remittance to the Department.

 

3-50-120  Registration.

 

                     Every wholesaler and store shall register with the Department within 30 days of the effective date of this chapter, or within 30 days of commencing business, whichever is later.

 

3-50-130  Supplementary provisions.

 

                     Whenever not inconsistent with the provisions of this chapter, or whenever this chapter is silent, the provisions of the Uniform Revenue Procedures Ordinance, Chapter 3-4 of this Code, shall apply and supplement this chapter.

 

3-50-140  Deposit of funds.

 

                     All proceeds resulting from the imposition of this tax, including interest and penalties, shall be deposited in the City’s corporate fund.

                     

                     

 

                     SECTION 2.  Section 7-30-020 of the Municipal Code of Chicago is hereby amended by deleting the language stricken through and by inserting the language underscored, as follows:

 

7-30-020  Recycling program requirements.

 

                     (a)                     Except as otherwise provided in subsection (e) of this section, every Every operator shall establish an in-store recycling program that shall include, but need not be limited to, the following:

                                                (1)   Every plastic carryout bag provided by a store shall have printed or displayed outside the face of the bag: (i) the words “Please Reuse Or Recycle At Participating Store” using letters at least one-half (1/2) inch in height; or (ii) a similar message encouraging the reuse or recycling of plastic carryout bags that is no less than one (1) inch in height and uses letters at least one quarter (1/4) inch in height.

                                                (21)   a bin for the collection of plastic carryout bags and other film plastic shall be placed in a visible location that is easily accessible to the consumer, and clearly marked as available for the purpose of collecting plastic carryout bags and other film plastic for recycling;

                                                (32)   all plastic carryout bags and other film plastic returned to a store are to be collected, transported and recycled in a manner consistent with the provisions of this chapter or any rule promulgated pursuant to this chapter;

                                                (4)   plastic carryout bags and other film plastic collected by a store that are free of foreign material shall not be disposed of in any solid waste or hazardous waste facility; and

                                                (53)   the operator shall make available to consumers within a store at or near the place where plastic carryout bags are dispensed, reusable bags, which may be purchased and used in lieu of a plastic carryout bag or paper bag.

 

                        (b)   Except as otherwise provided in subsection (e) of this section, each operator or its designee shall maintain a copy of the annual report submitted to the Department in accordance with the requirements of Section 7-30-020(c).

 

(c)   Except as otherwise provided in subsection (e) of this section, each operator or its designee shall submit an annual report, sworn by an affidavit, to the Department covering the preceding calendar year, beginning with a report covering calendar year two thousand nine (2009) which shall state the following:

                                                (1)   a good faith estimate of the total amount of carryout plastic bags and other film plastic weight that is collected and transported for recycling for the total of its stores that it operates within the City of Chicago, the physical location at which such recycling occurred, and the costs to the operator of such efforts; and

                                                (2)   any other information that the Commissioner require by rule.  Such annual report shall be submitted to the Department no later than February twenty-eighth (28th) following the calendar year to which the annual report relates.

 

                        (d)   The Commissioner shall, in consultation with operators, manufacturers and recyclers, develop a system to monitor and determine the weight of all plastic carryout bags and other film plastic collected and the physical location where the said plastic recycling occurred under this chapter and shall analyze the information and report to the Joint Committee of the Committee on Finance and the Committee on Health and Environmental Protection every two (2) years beginning December thirty-first (31st) two thousand and ten (2010), regarding the implementation and enforcement of this chapter.

 

                     (e)                     This section shall not apply to the operator of any store meeting the requirements set forth in Sections 11-4-4020 and 11-4-4030.

 

 

 

                     SECTION 3.  Article XXIII of Chapter 11-4 of the Municipal Code of Chicago, including Sections 11-4-4000 through 11-4-4050, inclusive, is hereby repealed in its entirety.

 

 

ARTICLE III.  OTHER TAXES

 

                     SECTION 1.  Chapter 3-4 of the Municipal Code of Chicago is hereby amended by adding the language underscored and by deleting the language struck through, as follows:

 

3-4-100  Credits and refunds.

 

(Omitted text is unaffected by this ordinance)

 

                     K.                     Application of credits to tax liabilities from periods either before or after the period for which credits are associated shall be made as follows:

 

                                          1.                     If there are no liabilities to net against the credits, or the credits are greater than the liabilities in the same period, the credits will first be applied as payments to liabilities in prior periods.

 

                                          2.                     The application of credits will begin in the oldest liability period within the statute of limitations, as set forth in Section 3-4-120, and apply within that period first to interest, next to tax, and finally to penalties. If credits remain, they will be applied to the next oldest period in the same manner, until all prior liabilities are paid or the credits are extinguished.

 

                                          3.                     If a credit remains after all preceding liabilities have been satisfied, and the taxpayer is current in all tax filings, applicable interest will be calculated, and a refund will be issued for the resulting amount.

 

                                          4.                     When a credit is applied to a tax liability in a prior period, the liability will continue to accrue interest through the due date of the credit period. Unpaid tax balances after application of a credit will continue to accrue interest through the due date of the next applied credit or the payment postmark date.

 

                                          5.                     When a credit is applied to a later liability period, any unpaid balance will continue to accrue applicable interest through the date of the next applied credit.

 

                                          6.                     When a credit is applied to a later liability period, the credit will accrue applicable interest through the due date of the liability period in which the credit was applied. If there is a remaining credit balance, it will continue to accrue applicable interest until applied to another deficiency or refunded.

 

                                          7.                     Application of a credit to tax liabilities where more than one type of tax liability exists shall be divided proportionately between the tax liabilities  so that each tax liability shall share the credit on the basis of the amount due for each tax liability.

 

(Omitted text is unaffected by this ordinance)

 

3-4-120  Statute of limitations.

 

(Omitted text is unaffected by this ordinance)

 

                     C.                     If for any tax, during any four year period for which the Comptroller may issue a notice of tax determination and assessment, the total tax paid or remitted was less than 75 percent of the total tax due for that four year period, then subject to the provisions of subsection B. of this section, the Comptroller may issue a notice of tax determination and assessment to a taxpayer or tax collector for all periods that commenced on or after six calendar years prior to the January 1 immediately preceding the date on which the notice of tax determination and assessment is issued.  [Reserved.]

 

                     D.                     Notwithstanding the total tax paid or remitted during any four year period, and sSubject to the provisions of subsection B. of this section, the statute of limitations set forth in subsection A. of this section shall be extended by two years with respect to any period if (1) no tax return or remittance return was filed for that period; or (2) the amount of tax paid for that period was less than 75 percent of the tax due; or (3) for any tax, during any four year period for which the Comptroller may issue a notice of tax determination and assessment, the total tax paid or remitted was less than 75 percent of the total tax due for that four year period.

 

                     E.                     If an amended return was filed for any period, the four year period shall commence at the end of the calendar year in which the amended return was filed; provided, however, that subject to the provisions of subsection B. of this section the department Department shall not issue a notice of tax determination and assessment to a taxpayer or tax collector more than six years after the original return was filed.

 

                     F.                     The additional time limitations on the issuance of notices of tax determination and assessment imposed by the amendments to this section which were effective July 1, 1999 shall apply only to notices issued on or after July 1, 1999.  [Reserved.]

 

(Omitted text is unaffected by this ordinance)

 

 

 

                     SECTION 2.  Section 3-32-020 of the Municipal Code of Chicago is hereby amended by adding the language underscored and by deleting the language struck through, as follows:

 

3-32-020  Definitions.

 

   When any of the following words or terms are used in this chapter, whether or not capitalized and whether or not used in a conjunctive or connective form, they shall have the meaning or construction ascribed to them in this section:

 

(Omitted text is unaffected by this ordinance)

 

                     G.                     “Department” means the department of revenue Department of Finance of the city City.

 

(Omitted text is unaffected by this ordinance)

 

                      K.   “Lease price” or “rental price” means the consideration for the lease or rental of personal property, valued in money, whether received in money or otherwise, including cash, credits, property and services, determined without any deduction for costs or expenses whatsoever, but not including charges that are added to the price by a lessor on account of the tax imposed by this chapter or on account of any other tax imposed on the lessee for the lease or rental of personal property. The term "lease price" or "rental price" shall exclude separately stated optional charges not for the use of personal property and annual membership fees paid to the operator of the bike share program created and owned by the Chicago Department of Transportation.

 

(Omitted text is unaffected by this ordinance)

 

 

 

                     SECTION 3.  Section 3-46-040 of the Municipal Code of Chicago is hereby amended by adding the language underscored, as follows:

 

3-46-040  Paying, collecting, and remitting the tax and filing returns.

 

(Omitted text is unaffected by this ordinance)

 

                     E.                     Notwithstanding any other provision of this Code, every person subject to the tax imposed by this chapter who (1) is not licensed pursuant to Chapter 9-112 or Chapter 9-114 of this Code, (2) departs from any airport in the City with a passenger, and (3) is required to pay the Metropolitan Pier and Exposition Authority Airport Departure Tax on the day of departure, shall be required to pay the tax imposed by this chapter, for the day of the departure, on the day of departure.  The payment shall be credited against the amount of tax due for the month that includes that day.

 

 

 

 

                     SECTION 4.  Chapter 4-156 of the Municipal Code of Chicago is hereby amended by adding a new Section 4-156-032, adding the language underscored, and by deleting the language struck through, as follows:

 

4-156-020  Tax imposed.

 

                     A.                     Except as otherwise provided by this article, an amusement tax is imposed upon the patrons of every amusement within the city City. The rate of the tax shall be equal to nine percent of the admission fees or other charges paid for the privilege to enter, to witness, to view or to participate in such amusement, unless subsection E or J of this section provides for a lower rate.

 

(Omitted text is unaffected by this ordinance)

 

                     J.                     Notwithstanding subsections A and E of this section, the rate of the tax imposed upon the buyer of a ticket or other license in a resale transaction shall be equal to three and one-half percent of the admission fees or other charges paid for the ticket or other license in the resale transaction. 

 

                     K.                     To prevent multiple taxation, any patron who pays the tax imposed by this chapter may claim a credit equal to any municipal tax properly due and actually paid to another municipality with respect to the same admission fees or other charges.  The credit may not exceed the amount of the tax imposed by this chapter that otherwise would be due.

 

4-156-030  Collection, payment and accounting.

 

                     A.                     It shall be the joint and several duty of every owner, manager or operator of an amusement or of a place where an amusement is being held, and of every reseller to secure from each patron or buyer the tax imposed by Section 4-156-020 of this article and to remit the tax to the department of finance Department of Finance not later than the 15th day of each calendar month for all admission fees or other charges received during the immediately preceding calendar month; provided, however, that a reseller of tickets shall be required to collect and remit tax to the department of finance only on that portion of the ticket price that exceeds the amount that the reseller paid for the tickets. For purposes of this provision, it shall be presumed that the amount that the reseller paid for the tickets is the face amount of the tickets, unless the taxpayer or tax collector proves otherwise with books, records or other documentary evidence. A verified statement of admission fees or charges in a form prescribed by the comptroller Comptroller shall accompany each remittance. Acceptance by the city City of any amount tendered in payment of the tax shall be without prejudice to any claim, demand or right on account of any deficiency.

 

(Omitted text is unaffected by this ordinance)

 

4-156-032  Additional tax imposed on tour boat operators.

 

                     A.                     In addition to the tax imposed by Section 4-156-020, a tax is imposed upon all persons engaged in the business of operating tour boats in the City.  The rate of this tax shall be nine percent of the charges paid to the tour boat operator for amusements provided by the tour boat operator in the City.  For the purposes of this Section 4-156-032, the term "tour boat" shall mean any vessel or other water craft on which amusements take place, as the term "amusement" is defined in Section 4-156-010.

 

                     B.                     A tour boat operator that has paid or remitted the tax imposed by Section 4-156-020 in connection with the same transactions that are subject to subsection A of this section shall be entitled to a credit against the amount of tax owed under subsection A of this section.  The tour boat operator shall have the burden of proving its entitlement to this credit with books, records and other documentary evidence.

 

                     C.                     Tour boat operators shall file returns and pay the tax as follows: (1) all tax returns shall be filed with the Department of Finance on an annual basis on or before August 15 of each year in accordance with Sections 3-4-186 and 3-4-189 of this Code, (2) all tax payments shall be made in accordance with either Section 3-4-187 (payment of actual tax liabilities) or Section 3-4-188 (payment of estimated taxes) and (3) Sections 3-4-186, 3-4-187, 3-4-188, and 3-4-189 shall control over any contrary provisions in this chapter regarding the subjects covered by those sections.

 

                     D.                     The tax imposed by this section shall not apply to any person, activity or privilege that under the Constitution or statutes of the United States, or the constitution or statutes of the State of Illinois, may not be made the subject of taxation by the City.

 

 

 

                     SECTION 5.  Section 4-236-020 of the Municipal Code of Chicago is hereby amended by adding the language underscored as follows:

 

4-236-020  Tax imposed.

 

(Omitted text is unaffected by this ordinance)

 

                     (d)                     (i)                     The tax imposed by this chapter shall not apply to parking in a lot or garage that is owned or operated by the Chicago Transit Authority, the Chicago Park District or other governmental body if the charge or fee imposed for the privilege of parking does not exceed $2.00 for a 24-hour period or less, or $10.00 for a weekly period or $40.00 for a monthly period.

 

(Omitted text is unaffected by this ordinance)

 

 

 

ARTICLE IV.  COMMERCIAL LOADING ZONES

 

 

                     SECTION 1.  Section 9-4-010 of the Municipal Code of Chicago is hereby amended by inserting the language underscored and deleting the language struck through as follows:

9-4-010  Definitions.

                     (Omitted text is unaffected by this ordinance)

“Parking meter zone” means a certain designated and marked-off section of the public way, designated by marked boundaries within which the marked boundaries where a vehicle may be temporarily stop, stand, or parked and be allowed to remain for such period of time as the parking meter attached thereto, or the ticket, other token, display device or electronic receipt issued by the parking meter, may indicate.

 

                     SECTION 2. Chapter 9-64 of the Municipal Code of Chicago is hereby amended by adding new section 9-64-165, by adding the language underscored, and by deleting the language struck through, as follows:

 

9-64-030  Diagonal parking zones.

 

                     (a)                     The commissioner of transportation Commissioner of Transportation is hereby authorized to establish diagonal parking zones and to designate such zones by placing and maintaining suitable signs and markings. Such diagonal parking zones shall be established only after appropriate engineering studies have indicated that diagonal parking will not be hazardous and at all times will leave not less than 20 feet of available roadway for the ingress and egress of vehicles between the rows of parked vehicles. Diagonal parking zones shall be established only on streets at their termini beyond the last cross-street intersection, on streets which serve only as service drives, or on streets designated as service drives by ordinance. The commissioner Commissioner shall consult with the parking administrator Traffic Compliance Administrator in the selection of locations for diagonal parking zones.

 

(Omitted text is unaffected by this ordinance)

 

9-64-050  Parking restrictions - Parking for persons with disabilities.

 

                     (a)                     The commissioner of transportation Commissioner of Transportation, subject to the approval of city council City Council, is authorized to erect signs on any residential street in an R1, R2, R3, R4 or R5 district to prohibit parking except by vehicles displaying a person with a disability or disabled veterans state registration plate or a person with a disability parking decal or device issued pursuant to Section 3-609, 3-616 or Section 11-1301.2 of the Illinois Vehicle Code.  The parking administrator Traffic Compliance Administrator is authorized to determine the specific times and days that the restrictions shall be in effect.  Fees for the installation and maintenance of signs erected pursuant to this section shall be $35.00 for erection of the signs and maintenance for the first year; an annual surcharge of $3.50 per lineal foot of curb space in excess of 25 feet; and $12.50 annually for continued maintenance.  These fees shall be paid in the same manner as fees charged pursuant to Section 9-68-030; provided,  however, that the installation and maintenance fee shall be waived by the comptroller for any person holding a valid, current disabled veterans state registration plate.

 

(Omitted text is unaffected by this ordinance)

 

                     (i)                     The parking administrator Traffic Compliance Administrator is authorized to designate certain areas on business streets in which parking is prohibited except by vehicles displaying person with a disability or disabled veterans state registration plate or a person with a disability parking decal or device issued pursuant to Section 3-609, 3-616 or Section 11-1301.2 of the Illinois Vehicle Code. Such areas shall comprise at least two percent of the available on-street parking spaces on any street within the area bounded by Roosevelt Road to the south, Halsted Street from Roosevelt Road to Chicago Avenue and LaSalle Street from Chicago Avenue to Division Street on the west, Chicago Avenue from Halsted Street to LaSalle Street and Division Street from LaSalle Street to Lake Michigan on the north and Lake Michigan on the east. The parking administrator Traffic Compliance Administrator is authorized to determine the specific times and days that the restrictions shall be in effect. The parking administrator Traffic Compliance Administrator shall consult with the commissioner of transportation Commissioner of Transportation in the selection of locations. All locations selected by the parking administrator Traffic Compliance Administrator pursuant to this subsection shall be subject to the review and approval of the mayor's office for people with disabilities. The commissioner of transportation Commissioner of Transportation and the mayor's office for people with disabilities Mayor’s Office for People with Disabilities shall develop a comprehensive plan for designating areas of restricted parking pursuant to this subsection. The commissioner of transportation Commissioner of Transportation shall install appropriate signs at areas designated pursuant to this section.

 

(Omitted text is unaffected by this ordinance)

 

9-64-091  Industrial permit parking.

                     (a)                     Owners or managers of industrial businesses may apply to the parking administrator Traffic Compliance Administrator  for designation of an industrial permit parking zone that includes the applicant's businesses, in accordance with the procedures set out in this section. The application shall be in form approved and supplied by the parking administrator Traffic Compliance Administrator, and shall include applicable rules and other relevant information. A zone may be established only on streets devoted primarily to industrial use.

                     The completed application shall identify the boundaries of the proposed zone, the types of property uses located in the zone, and the hours of the day, days of the week or months of the year during which the proposed zone shall be effective. The application shall also indicate that 60 percent or more of the vehicles parked in the proposed zone that are continuously parked for a consecutive eight hour period are parked in connection with businesses located in the zone.

                     The applicants shall circulate application forms to businesses located in the proposed zone.  Owners or managers of at least 60 percent of businesses located in the proposed zone must sign the application indicating their consent to industrial parking designation in order for the application to be considered.  The application must identify the person or persons circulating it and must be notarized.  After presenting the required number of signatures to the parking administrator Traffic Compliance Administrator, the applicant or applicants shall give notice of the proposed industrial permit parking designation in a newspaper of general or local circulation.  Proof of notice by publication must be submitted to the parking administrator Traffic Compliance Administrator.  Upon receipt of all requested information, the parking administrator Traffic Compliance Administrator shall notify the department of finance Department of Finance, transportation Transportation and planning Planning and development Development that a representative of one or more businesses have requested designation of industrial permit parking.

                     Within 60 days after receipt of notification from the parking administrator Traffic Compliance Administrator, the department of finance Department of Finance shall verify the information contained in the petitions and the department of transportation Department of Transportation shall analyze the traffic conditions, traffic area impacts within the proposed zone and parking conditions of the proposed zone.  Within the same time period, the department of planning and development Department of Planning and Development shall analyze the economic or other impact of the zone upon businesses or other institutions located within or adjacent to the zone.  The departments of finance, transportation and planning and development Departments of Finance, Transportation, and Planning and Development shall report their findings and any recommendations to the parking administrator Traffic Compliance Administrator.

                     Upon consideration of the revenue, transportation and planning and development studies, the parking administrator Traffic Compliance Administrator shall issue to the appropriate committee of the city council City Council his or her recommendations on the advisability of designating the zone for industrial permit parking and as to the hours of the day, days of the week or months of the year when such regulations shall be effective.

 

(Omitted text is unaffected by this ordinance)

 

 

9-64-165  Commercial Loading Zones.

 

                     (a) A commercial loading zone program is created as provided in this section.  

                     

                     (b) Except as provided in subsection (c), the Comptroller is authorized to convert any existing curb loading zone established pursuant to Section 9-64-160 to a commercial loading zone, and to install meters at that zone.  Any commercial loading zone established by this section shall be a “designated parking meter zone” subject to Section 9-64-190.  The Comptroller shall cause appropriate signage to be installed and maintained in any location designated as a commercial loading zone pursuant to this section.

 

                     (c) Curb loading zones for which a valet parking operator license has been issued or which are adjacent to day care centers, government buildings, hospitals, hotels, houses of worship, nursing homes, private residences, and schools shall not be eligible for conversion to commercial loading zones.  If the use of the adjacent facility changes, the Comptroller may change the zone accordingly.

 

                     (d) If a curb loading zone is converted to a commercial loading zone pursuant to this section, the owner, agent or lessee of any building or parcel of property who has paid a non-refundable application fee in connection with the designation of the curb loading zone shall be given 30-days’ notice of the conversion and shall be reimbursed, on a pro rata basis, for the remaining months of the designation of the location as a curb loading zone.

 

                     (e) The Comptroller is authorized to establish a commercial loading zone permit program, which in the Comptroller’s discretion may include individual vehicle permits, or fleet permits, or both.  Once the program is established, the Comptroller may issue a commercial loading permit to the owner or lessee of a commercial vehicle or commercial vehicle fleet in accordance with this subsection.  Application for such permit shall be made to the Comptroller on forms provided for that purpose. The application shall indicate:

 

                                          (1) the applicant's name, address and occupation;

 

                                          (2) the name, address, telephone number and nature of the commercial or industrial enterprise served by the vehicle;

 

                                          (3) the state license number of the vehicle(s) for which the permit is sought;

 

                                          (4) the types of property typically carried in the vehicle(s); and

 

                                          (5) such other information as the Comptroller may reasonably require.

 

The applicant shall sign the application and submit it with a reasonable fee to be determined by the Comptroller.  The permit period shall be for one year or such longer time as the Comptroller may set.  After receiving an application, the Comptroller shall issue the permit if the application is complete and the vehicle(s) meets the definition of a commercial vehicle as set forth in section 9-4-010. The permit shall include the name of the commercial or industrial enterprise and may include the state vehicle license of the vehicle(s). A valid permit displayed in a clearly legible condition on the front windshield in the lower left-hand corner closest to the driver’s position of the windshield of the vehicle qualifies the vehicle as a commercial vehicle for purposes of subsection (f) of this section. Each permit issued under this subsection shall expire six calendar months after its issuance. No such permit shall be transferable.

 

                     (f)                       (1)  The Comptroller is authorized to set the hours for when a commercial loading zone is operating as such, and also authorized to set the rates for when it is not. 

                                          (2)  Commercial vehicles remitting payment in accordance with Section 9-64-190 or properly displaying a commercial loading permit may park in a commercial loading zone, subject to applicable restrictions governing maximum length of stay and the hours of operation of the area as a commercial loading zone. 

(3)  Non-commercial vehicles may not park in a commercial loading zone, except:

(A) for service vehicles that:

                                                                                    (i) have been issued a service vehicle permit under Section 9-68-060; or                     

                                                                                    (ii) are performing professional duties pursuant to a concession agreement approved by the City Council for the operation, maintenance, improvement, installation and removal of, and the collection of fees from, certain designated parking meters.

                                                               (B) during hours where the area is not designated a commercial loading zone.

 

                     (g)  The Traffic Compliance Administrator is authorized to promulgate rules as he deems necessary or appropriate for the proper administration and enforcement of this section. 

 

                     (h)  Section 9-64-190(c) provides for the enforcement of this section.

 

(i)        The Mayor, the Chief Financial Officer, the City Comptroller, the Director of the Office of Budget and Management and the Corporation Counsel (the “Authorized Officers”), and any other City officer as shall be designated by the Authorized Officers are each authorized, individually or jointly, to execute and deliver any and all agreements, documents, instruments or certificates as the executing officer shall deem necessary, advisable or appropriate in connection with the implementation of the commercial loading zone program created by this section, including one or more amendments to that certain Amended and Restated Chicago Metered Parking System Concession Agreement dated as of June 5, 2013, between the City and Chicago Parking Meters, LLC, and to take all additional actions as necessary or appropriate to carry out the commercial loading zone program.

 

 

 

9-64-190  Parking meter zones - Regulations.

                     (a)                     It shall be unlawful to park any vehicle in a designated parking meter zone or space:

                                          (Omitted text is unaffected by this ordinance)

                     Except as otherwise provided in subsection (b) and (c) of this section, any person violating any requirement of this subsection (a) shall be subject to the fine set forth in Section 9-100-020(b) for violations of Section 9-64-190(a).

 

                     (Omitted text is unaffected by this ordinance)

 

                     (c)                     It shall be unlawful to stop, stand, or park any vehicle in a commercial loading zone, as defined in Section 9-64-165, in violation of any requirement set forth in subsection (a) of this section.  A validly issued and displayed commercial loading permit shall satisfy the requirements of Section 9-64-190(a)(1) and (2).  Any person violating any requirement of this subsection (c) shall be subject to the fine set forth in Section 9-100-020(b) for violations of Section 9-64-190(c).

 

9-64-200  Parking meters - Installation and signs.

                     (a)                     The comptroller Comptroller shall cause parking meters to be installed in parking meter zones in such numbers and at such places as established by the cCity cCouncil.

                     The comptroller Comptroller shall inform the cCommissioner of tTransportation about the installation of parking meters, and the commissioner of transportation shall cause signs to be installed and maintained that indicate the area is a parking meter zone or space for those parking meter zones and spaces not subject to a concession agreement approved by the cCity cCouncil for the operation, maintenance, improvement, installation and removal of, and the collection of fees from, certain designated parking meters.

 

                     (b)                     It shall be unlawful to park any vehicle in any designated parking meter zone or space except entirely within the area for that space.

 

9-64-205  Parking meter rates.

                     Notwithstanding any prior ordinance establishing a different rate, the rates for parking in a parking meter zone or space or a city City-owned lot comprised of parking meters that are controlled by the department of revenue Department of Finance or subject to any concession agreement approved by the city council City Council for operation, maintenance, improvement, installation and removal of and collection of fees from, certain designated parking meters, shall be as follows:

(Omitted text is unaffected by this ordinance)

                     (f)                     The rate in a commercial loading zone established in Section 9-64-165 shall be $3.50 per 15 minutes.

 

 

                     (fg)                     Notwithstanding the above, if, in the determination of the comptroller Comptroller, a reduction in the parking meter rates for certain locations of the city City would result in more efficient traffic flow or reduction of traffic congestion in that location, the comptroller Comptroller may reduce the parking meter rates for that particular location; provided that the reduction shall not be greater than twenty-five percent of the applicable rate for that location.

 

 

9-64-206  Parking meters - Hours of operation.

                     Notwithstanding any prior ordinance establishing different hours of operation, the hours of operation for a parking meter, except as provided by subsections (g) and (h), shall be as follows:

(Omitted text is unaffected by this ordinance)

                     (g)                     All commercial loading zones established in Section 9-64-165 shall operate 24 hours per day unless otherwise posted.

 

                     (gh)                     The time limits set forth above shall not replace any other more restrictive parking or standing restrictions and do not relieve a person from the duty to observe other and more restrictive provisions prohibiting or limiting the standing or parking of vehicles in specified places or at specified times.

 

9-64-210  Television news permit parking areas.

 

(Omitted text is unaffected by this ordinance)

 

                     (b)                     The parking administrator Traffic Compliance Administrator is authorized to issue television news parking permits to television news stations. Each permit shall be individually numbered and shall indicate the name of the television news station and the authorized location where the vehicle is permitted to park. The permit shall be issued annually and without charge.

 

(Omitted text is unaffected by this ordinance)

 

 

9-64-220  Parking violations - Enforcement - Prima facie responsibility designated.

 

(Omitted text is unaffected by this ordinance)

 

                     (b)                     Whenever any vehicle is parked in violation of any provision of the traffic code prohibiting or restricting vehicular parking or standing, any police officer, traffic control aide, other designated member of the police department, parking enforcement aide or other person designated by the city parking administrator Traffic Compliance Administrator observing such violation may issue a parking violation notice and serve the notice on the owner of the vehicle by handing it to the operator of the vehicle, if he is present, or by affixing it to the vehicle in a conspicuous place. The issuer of the notice shall specify on the notice his identification number, the particular parking regulation allegedly violated, the make and state registration number of the cited vehicle, and the place, date, time and nature of the alleged violation and shall certify the correctness of the specified information by signing his name as provided in Section 11-208.3 of the Illinois Vehicle Code.

 

 

 

                     SECTION 3. Section 9-100-020 of the Municipal Code of Chicago is hereby amended by adding the language underscored as follows:

 

9-100-020  Violation - Penalty.

                     

(Omitted text is unaffected by this ordinance)

 

                     (b) The fines listed below shall be imposed for a violation of the following sections of the traffic code:

 

                                          Traffic Code Section                                                                                    Fine

 

(Omitted text is unaffected by this ordinance)

 

                                          9-64-190(a)                                                                                                         $50.00

 

                                          9-64-190(b)                                                                                                         $65.00

 

                                          9-64-190(c)                                                                                                         $140.00

 

9-64-200(b)                                                                                                         $50.00

 

(Omitted text is unaffected by this ordinance)

 

 

 

 

                     SECTION 4. Section 9-68-028 of the Municipal Code of Chicago is hereby amended by adding the language underscored as follows:

 

9-68-028  Industrial parking permits.

 

(Omitted text is unaffected by this ordinance)

 

                     (b)                     Upon application to the parking administrator Traffic Compliance Administrator, temporary permits shall be issued to businesses for the use of temporary visitors to the industrial permit zone. These permits shall be good for one day only and must be attached to the windshield by means of the adhesive provided on the face of the permit. Before affixing the one-day permit, it must be validated by printing the date of use legibly in permanent ink on its face in the space provided for this purpose. A permit that is updated, altered, defaced or that contains erasures, or is dated other than in permanent ink, will be invalid. No person other than the parking administrator may sell, offer for sale or accept payment or other consideration for a temporary permit.

 

(Omitted text is unaffected by this ordinance)

 

                     (d)                     Except as otherwise provided in Section 9-68-020(g), any person who violates this section or any regulations established by the parking administrator Traffic Compliance Administrator shall be fined not less than $200.00 nor more than $500.00 for each offense, and each day such a violation continues shall be deemed a separate and distinct offense.

 

                     (e)                     The parking administrator Traffic Compliance Administrator shall have the authority to make and enforce such reasonable rules and regulations as may be necessary to effectively administer any of the powers granted herein or in Section 9-64-091, and to publish such rules and regulations and make them available to such member of the public as may request them.

 

 

 

ARTICLE V. PARKING METERS

 

                     SECTION 1.  Section 9-64-205 of the Municipal Code of Chicago is hereby amended by adding the language underscored, and by deleting the language struck through, as follows:

 

9-64-205  Parking meter rates.

                     Notwithstanding any prior ordinance establishing a different rate, the rates for parking in a parking meter zone or space or a city City-owned lot comprised of parking meters that are controlled by the department of revenue Department of Finance or subject to any concession agreement approved by the city council City Council for operation, maintenance, improvement, installation and removal of and collection of fees from, certain designated parking meters, shall be as follows:

 

(Omitted text is unaffected by this ordinance)

 

                     (c)                     Except as provided in subsections (d), and (e), and (f), within all areas of the City, except for the areas within the boundaries designated in subsections (a) and (b) of this section, the fee shall be:

 

(Omitted text is unaffected by this ordinance)

 

 

                     (f)                     For seven hours, starting two hours prior to scheduled Stadium events, as defined by Section 4-160-110, within the area bounded by the north side of West Irving Park Road on the north, the west side of Southport Avenue on the west, the south side of Belmont Avenue on the south, and the east side of North Broadway on the east the fee shall be $4.00 per hour on and from January 1, 2017.  At all other times the fee shall be as defined in subsection (c).

                     (fg)                     Notwithstanding the above, if, in the determination of the comptroller Comptroller, a reduction in the parking meter rates for certain locations of the city City would result in more efficient traffic flow or reduction of traffic congestion in that location, the  comptroller Comptroller may reduce the parking meter rates for that particular location; provided that the reduction shall not be greater than twenty-five percent of the applicable rate for that location.

 

 

 

                     SECTION 2.  The Comptroller of the City of Chicago is directed to install parking meters at:

 

                     100 block of West Huron, south side of the street

                     700 block of North LaSalle Street, west side of the street

                     0-100 block of West Superior Street, south side of the street

                     100 block of West Superior, north side of the street

                     400 block of West Taylor Street, both sides of the street

                     2000 block of South Archer Ave., both sides of the street

                     1907-1933 block of West Cermak Rd., south side of the street

                     1902-1908 block of West Cermak Rd., north side of the street

                     1800 South through 2000 South Wentworth, east side of the street

                     1800 South through 1900 South Wentworth, west side of the street

                     2000 South through 2100 South Western Ave., east side of the street

                     1801-1843 South Western Avenue, east side of the street

                     400 block of West Chicago Ave., north side of the street

                     300 block of West Chestnut, both sides of the street

                     200 block of West Locust, both sides of the street

                     300 block of West Walton, both sides of the street

                     300 block of West Oak St, both sides of the street

                     1700 block of West Taylor, both sides of the street

                     2000 block of West Taylor, both sides of the street

                     1000 South through 1100 South Seeley, both sides of the street

                     2000 block of West Grenshaw, both sides of the street

                     1000 South through 1100 of South Hoyne, both sides of the street

                     100 block of North Canal Street, both sides of the street

                     500 block of West Chicago Ave., north side of the street

                     600 block of West Fulton, south side of the street

                     800 block of North Hudson, west side of the street

                     200 block of North LaSalle Street, both sides of the street

                     500 block of North Saint Claire, west side of the street

                     800 block of North Sedgwick, both sides of the street

                     700 block of North Sedgwick, east side of the street

                     200 block of North Garvey Ct., both sides of the street

                     100 block of West Lake St, north side of the street

                     300 block of West Lake St., north side of the street

                     0 to 100 block of East Madison St., south side of the street

                     0 to 100 block of West Washington, north side of the street

                     600 North through 700 North Kinzie, north side of the street

                     300 East through 400 East North Water, south side of the street

                     300 East through 300 West Wacker Drive (Upper level), both sides of the street

                     500 South through 300 North Wacker Drive, (Upper level), both sides of the street

 

 

ARTICLE VI.  TAXICAB

 

SECTION 1. Chapter 9-112 of the Municipal Code of Chicago is hereby amended by adding the language underscored, and by deleting the language struck through, as follows:

 

9-112-090 Application for license and renewal of license.

 

                     An applicant shall apply for the issuance and renewal of a license using a print or electronic form prescribed by, and as directed by, the Ccommissioner and accompanied by such documents as the Ccommissioner may require.  If the applicant is a corporation, or partnership, legal entity other than an individual (hereafter “business entity”), then its duly authorized agent can apply on its behalf.  The taxicab medallion application shall contain (a) the full name, Chicago business address and, if the applicant is an individual, the residence address of the applicant, (b) the names and residential addresses of the applicant's partners, or if the applicant is a corporation, of its officers and directors, or if another business entity, of its owners and managers, (c) the business telephone number of the applicant, and (d) the vehicle manufacturer's name, model, length of time in use, and horsepower and manufacturer's rated seating capacity of the vehicle which the applicant will use if a license is issued.  If the applicant is affiliated or to become affiliated or identified with any taxicab affiliation by the color scheme of vehicles, trade name or emblem, telephone number, two-way dispatch system, or service agreement, the application shall contain the full name, Chicago business address and telephone number of the taxicab affiliation, and a copy of the agreement with the taxicab affiliation shall be filed with the application.

 

                     Any changes made to the information submitted on the application or any material changes made to the licensee's personal or businesses operations or to any information provided under this chapter must be reported, in writing, to the Ccommissioner within four business days of the change.

 

9-112-100 Qualifications for license or renewal of license.

 

                     (a)                     In order to qualify for a license, whether upon initial application or upon application for renewal of a license:

 

                                          (1)                     an applicant shall be in compliance with all City, State of Illinois and Federal laws, and the provisions of this chapter; and

 

                                          (2)                     an applicant shall have its principal place of business in the City of Chicago:

 

                                                               (i)                     with respect to any corporatebusiness entity applicant, the corporationapplicant shall be organized or qualified to do business under the laws of the State of Illinois and have its principal place of business in the City of Chicago; or

 

                                                               (ii)                     with respect to a partnership applicant, the partnership shall have its principal place of business in the City of Chicago; or

 

                                                               (iii)                     with respect to any applicant other than a corporation or partnership, an individual applicant,