Chapter 4-168 BICYCLE MESSENGER SERVICES
Sections:
4-168-010 Definitions.
4-168-020 License Required.
4-168-030 License - Fee.
4-168-040 License - Application.
4-168-050 Insurance - Required.
4-168-060 Records on bicycle operators - Required
4-168-070 Helmet and visible identification Required.
4-168-080 Identification card Required.
4-168-090 License - Suspension or revocation.
4-168-100 Administration authority.
4-168-110 Rules and regulations Enforcement authority.
4-168-120 Violation Penalty.
4-168-010 Definitions.
For the purposes of this chapter, unless the context clearly requiresotherwise :
"Central business area" means the area bounded by aline as follows beginning at the easternmost point of Division Street extendedto Lake Michigan; then west on Division Street to LaSalle, then South onLaSalle Street to Chicago Avenue; then west on Chicago Avenue to HalsteadStreet, then south on Halstead Street to Roosevelt Road; then east on RooseveltRoad to its easternmost point extended to Lake Michigan.
"Bicycle messenger services" means the delivery bybicycle for hire of packages, parcels, food, or any other items on behalfof any commercial, industrial governmental, charitable or other enterprise.
"Bicycle" includes any vehicle defined in Section 9-120-010and any other vehicle that would be included within such definition butfor the size of the vehicle's wheels.
"Bicycle operator" means a person who makes deliveriesby bicycle on behalf of a bicycle messenger service.
"Person" includes any natural person, corporation,firm, partnership, joint venture, association, or other entity.
"Commissioner" means the commissioner of consumer services.
4-168-020 License - Required
(a) No person shall engage in the occupation of providing bicyclemessenger services within the central business area without having secureda license issued under this chapter. The license shall be in addition toany other license required by law.
(b) This section shall not apply to a person who provides bicyclemessenger services exclusively for himself or herself, or for his employer.This section shall, however, apply to a person who provides bicycle messengerservices as an independent contractor for any person other than pursuantto a contract with a person with a license issued under this chapter.
4-168-030 License - Fee
The annual fee for a license issued under this chapter shall be $70.00and shall not be prorated. The license period shall begin September 1 ofeach year and end August 31st of the following year.
4-168-040 License - Application
Application for a bicycle messenger service license shall be made inwriting to the director of revenue or his or her designee on a form providedby the director and signed and sworn to by the applicant or, if the applicantis a corporation, by its authorized agent. The director of revenue shallforward copies of each application to the commissioner, who may advisethe director as to whether the application meets the requirements of thischapter. Each application shall contain:
(a) The full name, residence and business address and the businesstelephone number of the applicant;
(b) If the applicant is a corporation: (1) The corporate nameand business of the applicant; (2) The date and state of incorporation;(3) The names, residence addresses and residence telephone numbers of thecorporate officers and its registered agent;
(c) If the applicant is a partnership: (1) The name and businessaddress and telephone number of the principal office or place of businessof the applicant; (2) The names, residence addresses and residence telephonenumbers of all partners; and (3) The name and business address and telephonenumber of a person authorized to to receive notices pursuant to this chapter.
Each corporate applicant for a bicycle messenger license shall be organizedand qualified to do business under the laws of the state of Illinois.
4-168-050 Insurance - Required
(a) Each applicant for a bicycle messenger service license shallprovide proof that the applicant and each bicycle operator engaged by himhas insurance coverage in the following minimum amounts: (1) $50,000.00for property damages; (2) $50,000.00 for injuries to or death of any oneperson; and (3) $100,000.00 for injuries to or death of more than one personin any one accident. In addition, worker's compensation coverage must beprovided as required by state law.
(b) Any insurance policy required by this section must be ina form satisfactory to the commissioner and must provide that the policywill not be cancelled and the amount of coverage will not be changed unless60 days' prior written notice is given to the commissioner.
4-168-060 Records on bicycle operators - Required
Every licensee shall maintain records of all bicycle operators operatingon the licensee's behalf. The records shall include the name and addressof each bicycle operator and the identification number or letters requiredunder section 4-168-070 for each operator. The identification number orletters assigned to a bicycle operator shall not be assigned to or usedby any other operator unless such transfer is necessary because of a changein employment status. The records required by this section shall be madeavailable to the commissioner at his or her request, and shall be maintainedfor at least two years.
4-168-070 Helmet and visible identification - Required
(a) Every licensee shall supply each bicycle operator operating on thelicensee's behalf: (1) a safety helmet meeting nationally recognized safetyrequirements; and (2) a safety vest or other garment of a bright color,prominently displaying the name of the licensee in letters at least oneand one-half inches high, and a number or letters or a combination thereofat least four inches high which in conjunction with the displayed nameof the licensee, will form a unique combination permitting identificationof the bicycle operator. All letters and numbers shall be of a color contrastingwith the background of the garment. The identification number or lettersrequired by this paragraph shall also appear on the bicycle in accordancewith rules and regulations promulgated by the commissioner.
(b) The operation of a bicycle in the central business area on behalfof any licensee without the equipment required by this section is a violationof this section and shall create a rebuttable presumption that the licenseehas violated this section.
4-168-080 Identification Card - Required
(a) Every licensee shall issue to each bicycle operator an identificationcard containing at least the following information: (1) The bicycle operator'sname; (2) The bicycle operator's identification number or letters thathe is required to wear pursuant to Section 4-168-070; (3) The licensee'sname, business address, telephone number and bicycle messenger servicelicense number; and (4) The name of the insurance company that has issuedthe insurance policy required under Section 4-168-040 and the policy numberof such policy. The identification card must also display a clear photographof the bicycle operator.
(b) No bicycle operator may operate a bicycle within the centralbusiness district area on behalf of any licensee without having on hisperson an identification card meeting the requirements of subsection (a)of this section. Any such person must permit a city employee who has theresponsibility to enforce this chapter to examine such card whenever thecity employee on the course of his or her duties asks the person to doso. The failure of a bicycle operator to comply with this section shallcreate a rebuttable presumption that the licensee has violated this section.
4-168-090 License - Suspension or revocation
The commissioner may, after giving notice and an opportunity to be heard,revoke or suspend the license of and/or impose a fine not exceeding $500.00upon any licensee who violates any provision of this chapter or rules orregulations adopted pursuant to this chapter. Before any revocation, suspensionor fine is imposed, the licensee shall be notified by mail of the specificcharges against him and the date of his or her scheduled hearing. If afterthe hearing, the commissioner determines that after a violation has occurred,the commissioner shall enter an order revoking or suspending the licenseand/or imposing a fine. An order imposing a revocation, suspension or finemay be appealed by the licensee to the mayor's license commission. Hearingsheld under this section shall be conducted in substantially the same manneras those which are conducted pursuant to Chapters 9-104 and 9-112 of thiscode. Any person whose license is revoked under this chapter shall be ineligibleto receive another license under this chapter for a one-year period followingrevocation.
4-168-100 Administration authority
The commissioner shall have the authority to promulgate the rules andregulations necessary or desirable for the administration of this chapter.
4-168-110 Rules and regulations - Enforcement authority
The commissioner and the director of revenue shall have the authorityto administer and enforce this chapter. The department of police shallhave the authority to enforce the safety-related provisions of this chapterand all traffic laws, ordinances, rules and regulations as they apply tobicycle messenger operators.
4-168-120 Violation - Penalty
Any person who is found guilty of violating this chapter shall be subjectto a fine of not less than $25.00 and not more than $500.00 for each suchviolation. However, any person found guilty of violating this chapter byengaging in the occupation of providing bicycle messenger services in thecentral business area without a license required by this chapter shallbe subject to a minimum fine of $100.00. Each day that any violation shallcontinue shall be deemed a separate and distinct offense. A second or subsequentintentional violation of this chapter committed within 12 months aftera previous conviction under this chapter may be punished as a misdemeanourby a fine of up to $500.00, or a period of incarceration not exceedingseven days, or community service, or any combination thereof, pursuantto Section 1-2-1.1 of the Illinois Municipal Code.
(Added. Coun. J. 7-29-92, p.20042; Amend. 12-9-92, p.25465)
City of Chicago
Richard M. Daley, Mayor
Department of Consumer Services
Caroline O. Shoenberger, Commissioner
Public Vehicle Operations
1st Floor, 510 North Peshtigo Court
Chicago, Illinois 60611 (312) 744-6227
Dear Bicycle Messenger Service Operator License Applicant:
The following steps must be followed in applying for a Bicycle MessengerService Operators License:
1) The applicant may obtain an application for a Bicycle Messenger ServiceOperators License at the Department of Consumer Services, Public VehicleDivision, 510 Peshtigo Court. Applications may also be requested by telephoneor mail.
2) The application must be completed and returned to the Departmentof Consumer Services, Public Vehicle Division with the following documents:
-A Certificate of Insurance with the required amount of insurance coverage(see the Bicycle Messenger Service Ordinance 4-168-080, for amounts required).The Certificate of Insurance should indicate the Department of ConsumerServices as the additional certificate holder; and,
-A Debt collection Affidavit; and , An Affidavit acknowledging vestsand helmets were issued; if applicable, a completed corporate/ partnershipdisclosure form attached hereto.
3) The application must be taken by the applicant or if the applicationis a Corporation, by its authorized agent, to the Department of ConsumerService, Public Vehicle Division at 510 Peshtigo Court, accompanied bycash, cashier's check or money order in the amount of $70.00. Cashierschecks and money orders should be made payable to The Department of ConsumerServices' Public Vehicle Division. The Public Vehicle Division will providethe applicant with a receipt.
4) Upon payment, the applicant will be issued a Bicycle Messenger ServiceOperator License, to be renewed on a yearly basis (beginning Septemberof each year and ending August 31 of the following year). A Bicycle Operatoridentification card will be issued by the licensee to each Bicycle Operator(See Bicycle Messenger Service Ordinance 4-168-080) which will serve asproof of licensing.
Applications that are incomplete will be returned to the applicant.For an appointment to apply for a Bicycle Messenger Service Operator License,or if you have any questions regarding the licensing process, please contactour staff at 744-0544.
Sincerely
Caroline O. Shoenberger, Commissioner
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