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Form a Business

GENERAL PROVISIONS (4-228-010 et seq.)

Municipal Code of Chicago tit. 4, ch. 4-228, art. I
in effect

Municipal Code of Chicago § 4-228-010 Definitions.

4-228-010 Definitions. The following definitions shall apply to this chapter, unless the context clearly indicates otherwise: (a) "Motor vehicle repair shop" or "repair shop" means any building, structure, premises, enclosure or other place including automobile service stations, garages and motor vehicle service shops where the business of doing repair work on or for motor vehicles, replacing motor vehicle parts, or diagnosing malfunctions of a motor vehicle is conducted in any shop, drive-in station or garage which inspects motor vehicles for the purpose of appraising, evaluating or estimating the extent or value of motor vehicle damage or the necessity or cost of motor vehicle repairs. A motor vehicle repair shop shall also include any business, establishment or location where tires are collected, stored, maintained, altered, refabricated, disposed of, replaced, changed or repaired. Provided, however, that this definition shall not include any business operated under a certificate of authority issued under Chapter 215 of the Illinois Compiled Statutes. Provided further, that the term "motor vehicle repair shop" or "repair shop" shall not include any person set forth in subsection (c) of Section 4-228-020. (b) "Motor vehicle" means any self-propelled device in, upon or by which persons or property are or may be transported upon public ways, except devices moved by human power or used exclusively upon stationary rails. (c) "Repair" means any diagnosis, removal, reconditioning, maintenance, alteration, adjustment, installation or replacement of any parts, components or systems of a motor vehicle (including but not limited to upholstery and auto glass), but excluding any repair services which the commissioner by regulation determines to be minor. For purposes of this chapter, no service shall be designated by the commissioner as minor, if the commissioner finds that performance of the service requires mechanical expertise, or has given rise to a high incidence of fraud or deceptive practices, or involves a part of the vehicle essential to its safe operation. (d) "Licensee" means any person that holds or is required to hold a license under this chapter. (e) "Motor vehicle mechanic" means any person who, for salary or wage, performs diagnosis, maintenance, repair, removal, reconditioning, adjustment, alteration, replacement or installation of any part, system or component of a motor vehicle (including but not limited to upholstery and auto glass), but excluding any repair services which the commissioner by regulation determines to be minor. (f) "Person" has the meaning ascribed to the term in Section 1-4-090. (g) "Estimated price" means a written determination of the price of parts and the price of labor needed to perform offered services, including the price of teardown and assembly, if necessary. (h) "Invoice" means a written listing of the details of the transaction between the repair shop and the customer. (i) "Work order" means an authorization, either oral or written, on the part of the customer for the repair shop to perform a service. (j) "Guarantee" means an obligation undertaken by a repair shop to repair a vehicle at no charge or at a reduced charge for parts or labor or both. (k) "Warranty" means a promise made by a manufacturer that a vehicle or part will be repaired at no charge or at a reduced charge for parts or labor or both. (l) "Place of business" means an address where repairs or service are ordinarily performed. (m) "Commissioner" means the commissioner of the department of business affairs and consumer protection or the commissioner's designee. (n) "False or secret compartment" means any enclosure that is intended and designed to be used to conceal, hide and prevent discovery by law enforcement officers of the false or secret compartment, or its contents, and which is integrated into a vehicle. (o) "Tire facility" means any business where, at any one time, 100 or more new or used tires are collected, stored, maintained, altered, refabricated. disposed of, replaced, changed or repaired. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-93, p. 39429; Amend Coun. J. 6-28-00, p. 36845, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 5-9-12, p. 27485, § 106)

Municipal Code of Chicago § 4-228-020 License required.

4-228-020 License required. (a) Except as otherwise provided in subsection (c) of this section, no person shall own, maintain, conduct, operate or engage in the business of motor vehicle repair for compensation within the City of Chicago, or hold himself/herself out as being able to engage in such business, or act as an agent for another who is engaged in the motor vehicle repair business, or take custody of a motor vehicle within the City of Chicago for the purpose of repair without first having obtained a motor vehicle repair shop license under this chapter. The license issued to a motor vehicle repair shop under this chapter authorizes the licensee and all of the licensee's bona fide employees to engage in the business of motor vehicle repair shop at the location identified in the license application. (b) License required for each location. If a person maintains a motor vehicle repair shop at more than one location, a license shall be required for each such location. (c) Exclusions. The following persons are excluded from the term motor vehicle repair shop: (1) an employee of a motor vehicle repair shop who engages in the business of repairing motor vehicles solely by reason of his employment; or (2) any person who is solely engaged in the business of repairing the motor vehicles of a single commercial or industrial establishment, or of the federal, state or local government or any agency thereof; or (3) any person solely engaged in the business of repairing road building machines, farm machines, lawn machines, garden machines or vehicles registered as special purpose vehicles; or (4) any person who does not work on the vehicle but only rebuilds or reconditions parts of the vehicle removed by others (i.e., after market manufacturers); or (5) any person who engages in the business of distributing motor vehicle parts. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-93, p. 39429; Amend Coun. J. 6-14-95, p. 3094; Amend Coun. J. 4-16-97, p. 42621; Amend Coun. J. 7-19-00, p. 38593, § 1; Amend Coun. J. 12-12-01, p. 75777, § 3.2; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 11-15-06, p. 92532, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 1-13-10, p. 83191, § 1; Amend Coun. J. 10-5-11, p. 8801, § 11; Amend Coun. J. 5-9-12, p. 27485, § 106)

Municipal Code of Chicago § 4-228-021 Reserved. Editor's note – Coun. J. 5-9-12, p. 27485, § 106, repealed § 4-228-021, which pertained to illegal operations and cease and desist orders.

Municipal Code of Chicago § 4-228-022 Reserved. Editor's note – Coun. J. 5-9-12, p. 27485, § 106, repealed § 4-228-022, which pertained to failure to comply with cease and desist order and a penalty.

Municipal Code of Chicago § 4-228-030 License - Application - Additional information required when.

4-228-030 License - Application - Additional information required when. In addition to the requirements set forth in Section 4-4-050, an application for a motor vehicle repair shop license shall also be accompanied by the following information: (1) A description of the motor vehicle repair facility to be licensed. Such description shall include: (A) the number of working area stalls in the facility and square footage of the work area; (B) the type of repair work to be conducted, i.e., motor, transmission, body, brakes, tire changing or repair; (C) the number of motor vehicle mechanics employed at the time of application; (D) if tires are to be collected, stored, maintained, altered, refabricated, disposed of, replaced, changed or repaired on the premises, a copy of the tire disposal contract required under Section 4-228-200; (E) the number of off-street parking spaces provided for each repair bay or 300 square feet of vehicle service area, whichever is greater, or evidence that off-street parking is not required by Section 4-228-200; of this Code; (2) A diagram of the motor vehicle repair facility to be licensed. Such diagram shall include the: (A) the dimensions of the building or buildings housing the repair facility; (B) the driveway and curb cut-out locations; (C) the location of bordering streets and alleys; (D) the location and dimensions of working area stalls; and (E) the location and dimensions of parking spaces; (3) Whether the applicant intends, at any one time, to collect; store, maintain, alter, refabricate. dispose of, replace, change or repair 100 or more new or used tires at the location identified in the license application; (4) Whether the motor vehicle repair shop will be located in a building that is used for residential purposes; (5) Whether the motor vehicle repair shop has direct vehicle access to and from a dedicated public street through a properly permitted commercial driveway; (6) Any other additional information that the commissioner may reasonably require. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-93, p. 39429; Amend Coun. J. 6-14-95, p. 3094; Amend Coun. J. 4-16-97, p. 42621; Amend Coun. J. 7-19-00, p. 38593, § 1; Amend Coun. J. 12-12-01, p. 75777, § 3.2; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 11-15-06, p. 92532, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 1-13-10, p. 83191, § 1; Amend Coun. J. 10-5-11, p. 8801, § 11; Amend Coun. J. 5-9-12, p. 27485, § 106) Editor's note– Coun. J. 5-9-12, p. 27485, § 106, renumbered part of § 4-228-020 as this § 4-228-030, and repealed former § 4-228-030, which pertained to the commissioner and powers and duties thereof.

Municipal Code of Chicago § 4-228-040 License fee.

4-228-040 License fee. The license fee for a motor vehicle repair shop shall be as set forth in Section 4-5-010 of this Code. (Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-93, p. 39429; Amend Coun. J. 6-14-95, p. 3094; Amend Coun. J. 4-16-97, p. 42621; Amend Coun. J. 7-19-00, p. 38593, § 1; Amend Coun. J. 12-12-01, p. 75777, § 3.2; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 11-15-06, p. 92532, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 1-13-10, p. 83191, § 1; Amend Coun. J. 10-5-11, p. 8801, § 11; Amend Coun. J. 5-9-12, p. 27485, § 106) Editor's note– Coun. J. 5-9-12, p. 27485, § 106, renumbered part of § 4-228-020 as this § 4-228-040, and renumbered former § 4-228-040 as § 4-228-215.

Municipal Code of Chicago § 4-228-048 Reserved. Editor's note– Coun. J. 5-9-12, p. 27485, § 206, repealed § 4-228-048, which pertained to prohibited locations and issuance of Class III licenses.

Municipal Code of Chicago § 4-228-050 License issuance and renewal prohibited when.

4-228-050 License issuance and renewal prohibited when. No license shall be issued under this chapter: (1) unless the commissioner and zoning administrator inspect the motor vehicle repair shop to determine compliance with the provisions of this chapter and the Chicago Zoning Ordinance, respectively, as required under Section 4-228-400(a). (2) unless the applicant provides proof of compliance with the parking space requirements set forth in Section 4-228-220; provided, however, that this requirement shall only apply if (i) the applicant is seeking to obtain a license under this chapter for the first time; and (ii) no establishment meeting the definition of a motor vehicle repair shop is currently licensed to operate at the location identified in the license application; (3) unless the applicant provides proof of compliance with the fire resistance separation requirements set forth in Section 4-228-230; provided, however, that this requirement shall only apply if the motor vehicle repair shop will be located in a building used for residential purposes; (4) unless the applicant provides proof of direct vehicle access to and from a dedicated public street through a properly permitted commercial driveway; provided, however, that this requirement shall not apply if: (1) the applicant's lot or garage has no more than six parking spaces; or (2) alley access to the applicant's garage or lot is approved by the city council in accordance with Sections 10-20-430 and 10-20-435; or (3) the facility identified in the license application has been in continuous existence as a duly licensed establishment meeting the definition of a motor vehicle repair shop, under the same or different owner, since prior to June 1, 1997; (5) unless the fire commissioner inspects the facility named in the license application to determine compliance with the requirements set forth in Sections 4-228-400(b) and with any rule or regulation promulgated thereunder; provided, however, that this requirement shall only apply if the applicant meets the definition of a tire facility, as set forth in Section 4-228-010(o). (Added Coun. J. 5-9-12, p. 27485, § 106; Amend Coun. J. 11-8-12, p. 38872, § 109; Amend Coun. J. 7-20-16, p. 28865, § 1) Editor's note – Coun. J. 5-9-12, p. 27485, § 106, renumbered former § 4-228-050 as § 4-228-245.

Municipal Code of Chicago § 4-228-060 Presumption that motor vehicle repair business exists.

4-228-060 Presumption that motor vehicle repair business exists. For purposes of this chapter, there is hereby created a rebuttable presumption that a motor vehicle repair business is owned, maintained, conducted, operated or engaged in when, during any five-day period, three or more motor vehicles are repaired in, on, or about a building, structure, premises, enclosure or other place. (Added Coun. J. 5-19-93, p. 32384; Amend Coun. J. 5-9-12, p. 27485, § 106) Editor's note– Coun. J. 5-9-12, p. 27485, § 106, renumbered former § 4-228-023 as this § 4-228-060, and renumbered former § 4-228-060 as § 4-228-250.

Municipal Code of Chicago § 4-228-110 Reserved. Editor's note – Coun. J. 5-9-12, p. 27485, § 106, repealed former § 4-228-110, which pertained to violation of and penalty for the chapter.

Municipal Code of Chicago § 4-228-140 Reserved. Editor's note – Coun. J. 5-9-12, p. 27485, § 106, repealed former § 4-228-140, which pertained to the constitutionality of the chapter and severability.

Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2635203Fetched: 10/24/2026

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