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Record #: O2017-8598   
Type: Ordinance Status: Failed to Pass
Intro date: 12/13/2017 Current Controlling Legislative Body: Committee on License and Consumer Protection
Final action:
Title: Amendment of Municipal Code Section 9-108-030 to prohibit renewal of horse-drawn carriage licenses
Sponsors: Hopkins, Brian , Reilly, Brendan, Lopez, Raymond A., Napolitano, Anthony V., Silverstein, Debra L., Solis, Daniel, Pawar, Ameya, Tunney, Thomas, Mell, Deborah, Moore, Joseph, Cappleman, James, Villegas, Gilbert, Arena, John, Sposato, Nicholas
Topic: MUNICIPAL CODE AMENDMENTS - Title 9 - Vehicles, Traffic & Rail Transportation - Ch. 108 Horse-Drawn Carriages
Attachments: 1. O2017-8598.pdf, 2. O2017-8598 (V5).pdf, 3. O2017-8598 (V4).pdf, 4. O2017-8598 (V3).pdf, 5. O2017-8598 (V2).pdf, 6. O2017-8598 (V1).pdf
Related files: R2019-362
Committee on License and Consumer Protection

ORDINANCE
WHEREAS, the City of Chicago is a home rule unit government pursuant to the 1970 Illinois Constitution, Article VII, Section 6(a); and

WHEREAS, pursuant to its home rule power, the City of Chicago may exercise any power and perform any function relating to its government and affairs including the power to regulate for the protection of the public health, safety, morals, and welfare; and

WHEREAS, horse-drawn carriages operating on busy city streets raise public safety, sanitary, and animal welfare issues; and

WHEREAS, there are numerous documented incidents involving horse-drawn carriages operating in congested urban environments; and

WHEREAS, horse-drawn carriages have been banned in Salt Lake City, Utah; Biloxi, Mississippi; Asheville. North Carolina; Camden, New Jersey; Palm Beach, Pompano Beach, Key West, and Treasure Island, Florida; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. The above recitals are expressly incorporated as though fully set forth herein.

SECTION 2. Chapter 9-108 of the Municipal Code of Chicago is amended by inserting the language underscored and deleting the language stricken through, as follows:

(Omitted text is unaffected by this ordinance)
9-108-030 Application Renewal prohibited.
n i
(a) No horse-drawn carriage license shall be renewed.
Applicants holding horse drown carriage licenses which were issued by the commissioner of business affairs and consumer protection prior-to theoffoctivo-dotoof this ordinance may apply for renewal of such licenses within 15 days following the effective date of this ordinance. Licences so renewed shall bo offoctivo during the initial licensing poriod and shall terminate on the thirty first day of December following their issuance
Application for ronowal of horse drawn carriage licenses for tho initial license period choll bo mado in writing.-signed and sworn to by the applicant or if applicant is a corporation, by its duly authorized agent,- upon form6 provided by tho commissioner. The application for renewal shall contain the full name and residence-address-of-the applicant, Chicago place of businoss, tho businoss telephone numbor of tho applicant and, the manufacturer's namo; model, length of timo in use and seating capacity of the carriage which applicant will uco. If the applicant is affiliated or to become affiliated or identified with any person by the color scheme of carriages, trade namo or omblom, telephone numbor, radio dispatch system, or sorvice agroomont, the application for renewal shall
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Committee on License and Consumer Protection

contain tho full namo, Chicago business address and-telephono number of caid affiliate. A copy of tho agreement with said affiliate, if any, shall be filed with tho application for renewal. Each horso drawn carriago liconso applicant must domonctrato that the applicant will have at loast one horso lioonsod undor tho provisions of Chaptor 7 12 available for each carriage license-applied for ond must submit a copy of tho licence for oaoh horoo or a copy of tho application for said lioonse as part of tho application for-rcnowal of a horco drawn carriage license. All corporato applicants for horse drawn carriago licenses shall be organized or qualifiod to do businosc under tho lawsof Illinois and have a place of business within tho City of Chicago. All other applicants shall bo citizons of the United States and shall have a placo of business in the City of Chicago.
All applications for ronowal of a horso drawn carriago liconoe for licenso periods subsequent to tho initial liconco poriod providod for horoin shall bo made at loast 15 days prior to tho expiration of tho liconco period. Such applications for ronowal shall bo made
in writing, signod and sworn to by-tho applicant or if applicant is a corporation, by its duly-authorized agont, upon forms provided by tho commissioner. Tho renowal applications shall contain tho full name and residence address of tho applicant, Chicago plaoe of businoss, the businoso tolophono numbor ofthe applicant, ond the manufacturer's namo, model, length of time in uso and coating capacity of tho carriage which applicant will-use. If tho applicant is affiliated or to bocomo affiliated or idontifiod with any person by the color cohomo of carriages, trade namo oromblem, telophono number, radio dispatch system, or service agreomont, tho renewal applications shall contain the full name, Chicago business- addroso and telephone number of said affiliate. A copy of tho agreomont with said affiliate, if any, shall bo filed with tho ronowal applications. Each horse drawn carriage licenso applicant must domonstrate that tho applicant will havo at loast one horse licensed-undor-tho provisions of Chapter 7 ^ available for each carriage license applied for and must submit a copy of tho licenso for each horse or-a-copy-of the renewal application for caid license-as part of tho application for a horse drawn carriage license. All corporate applicants for horse drawn carriago liconsos-chall bo organized or qualified to do business undor tho laws of Illinois and have a placo of bucinoss in the City of Chicago. All othor applicants shall bo citizens of tho Unitod States ond shall havo a place of businoss in the City of Chicago:
No. more than 40 horso drawn carriage licenses shall be issued, the public convonionco ond necessity roquiring such limitation:

,(e)Tho-commissionor-may rofuse to renew a license for tho initial licenso poriod or for any-subsequent license poriod provided for in this ordinance if that liconso was rovoked during tho previous licenso poriod or if the applicant for ronowal fails to qualify for renewal under any provision of this-choptor or rulos and regulations promulgated horeundor, or any-provision of this municipal code.-the laws of Illinois or fodoral law relating to tho uso or oporation of a vehiclo on a public way. In tho ovont that the commissioner detorminos that a liconse shall not be ronowodrtho commissioner shall notify tho applicant'within 30 days, which notice shall state the roason for the nonrenewal.-

(f) If a ronowal io donied the applicant may within ton days of the mailing of notice of the denial, make-written domand upon tho commissioner for a hoaring.-Upon reooipt of a timely written demand for a hearing, tho commissionor shall within 30 days conduct a hearing. If upon such a hoaring tho applicant ostablishes through competent evidonco that tho Gonial was based upon incorrect findings, tho commissionor shall issue the license. If
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Committee on License and Consumer Protection

upon such a hearing the denial is found to havo boon based upon correct findings, the donial ohall bocome final. Aftor ontry of a final denial tho applicant shall be ineligible to make a now application for a poriod of six monthSr )

(g) In the event that a license i6 not ronowod by tho commissioner or if a licensee chooses not to apply for ronowal, the commissionor shall grant all such-avoilablo-licenses by the random-selection of qualified applicants. Such applicants shall make application to the commissioner as providod for in Section 0 108 030(b) horoof. Such-applicant shall meet all applicable requirements set forth heroin.
9-108-040 Investigation—Issuance.

Upon receipt of an application for renewal for a horso drawn carriago liconco, tho commissionor 6hall causo an investigation to bo mode of the character and reputation of tho applicant as a law abiding citizen; tho financial ability of tho applicant to ronder safe ond oomfortablo transportation oorvico, to maintain or roplaco tho oquipmont and horsoo for such corvice, to pay all judgments and awards which may be rendered for-anycau6e arising out of tho operation of a horse drawn carriago during the license period. If the commissionor shall find that tho application for ronowal, and all other statomento-and documents roquired to bo filod with caid application havo boon properly oxocutod; that tho applicant io qualified to pursuo-this occupation; that tho carriago or carriages aro in cafo and proper condition, and that tho horso has been proporly licensed undor-Sootiono 7 12-210 and 7 12-220 of tho municipal code, tho commissionor will issue tho applicant a license foroach horso drown carriago applied for, to terminate on tho thirty first day-of December-following tho doto of issue, oxcopt that no moro than 40 licenses shall be issued or outstanding at any one time. A horso drawn carriago liconso may not bo applied for by, nor may a license be issuod to, ony-person othor than the ownor of a oarriage or horso;

(Omitted text is unaffected by this ordinance)|1010|SECTION 3. This ordinance shall be effective upon passage and publication.

Chicago City Council Co-Sponsor Form
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imi- I'nnn OCC 9.201 fi
Chicago City Council Co-Sponsor Addition/Change

02017-8598
. Amendment of Municipal Code Section 9-108-030 to uoject. pronjpjt renewal of horse-drawn carriage licenses


Please Add Or Change The Co-Sponsor As Shown Below.
Alderman Alderman Alderman Alderman Alderman
Ward) Ward) Ward) Ward) Ward)


Please Remove Or Change The Co-Sponsor As Shown Below.
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Chicago City Council Co-Sponsor Addition/Change


Document Number: O2017 - 8598
Subject: Amendment of Municipal Code Section 9-108-030 to prohibit renewal of horse-drawn carriage licenses
Please.Add or Change the Co-Sponsor as Shown Below:
Alderman Joseph A. Moore
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Document No.: 02017-8598
Subject:- Prohibit renewal of. horse-drawn carriage licenses"

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Document No.: 02017-8598

Subject: Amendment of Municipal Code Section 9-108-030 to prohibit renewal of horse-drawn carriage licenses



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