Municipal Code of Chicago § 4-6-250 Expediter company.
4-6-250 Expediter company.
(a) Definitions. As used in this section:
"Act related to expediting" means: (1) any activity or service requiring a license under this section; (2) any activity requiring a building permit issued under Chapter 14A-4 of this Code or any other license, certificate or permit; or (3) any conduct regulated by this section; or (4) any duty or other requirement imposed by this section; or (5) any inspection of a building or premises or performance of any other legal or work-related duty by a city inspector, city personnel or other government official in connection with: (i) the issuance of an expediter license under this section, or (ii) the issuance of any license, permit or certificate under this Code, or (iii) enforcing the requirements of this Code or any other law regulating building construction or the health or safety of construction site workers, current or eventual users or occupants of a building or premises or the general public.
"Company" means any corporation, general partnership, limited partnership, limited liability company or other legal entity of any type. The term "company" does not include natural persons or sole proprietors, who shall be governed by the requirements set forth in Section 4-6-260 of this Code.
"Expediter" or "expediter company" means any company that, for compensation of any type from a person seeking to procure a license, certificate or permit from any city department, provides to such person any of the following services: (1) preparing or submitting any license, certificate or permit application; or (2) monitoring the progress of any license, certificate or permit application at any stage of the application review process, including, but not limited to, plan review of any type; or (3) inquiring as to the status of any license, certificate or permit application; or (4) attempting, in any way, to persuade city personnel to issue a license, certificate or permit or to adopt or approve a particular processing schedule or interpretation of any provision of the Chicago Municipal Code in connection with a license, certificate or permit application.
Exemptions: The term "expediter" does not include the following persons: (1) any attorney, certified public accountant, architect or engineer licensed by the State of Illinois or employee thereof if such person is acting within the scope of such license; (2) any condominium unit owner authorized by such condominium's board of directors or governing association to file a building permit application on behalf of such condominium; (3) any cooperative shareholder authorized by such cooperative's board of directors or governing association to file a building permit application on behalf of such cooperative. In addition, on license applications, certificate applications and permit applications other than building permit applications, the term "expediter" does not include any of the following persons identified on the application as: (a) the applicant; (b) any salaried employee of the applicant; or (c) any immediate relative of the applicant, such as the applicant's father, mother, sister, brother, grandparent, spouse or domestic partner. On a building permit application, the term "expediter" does not include any of the following persons identified for a project on the permit application as: (i) the building owner or tenant; (ii) any salaried employee of the building owner or tenant; (iii) any immediate relative of the building owner or tenant, such as the building owner's or tenant's father, mother, sister, brother, grandparent, spouse or domestic partner; (iv) the general contractor; or (v) the licensed trade contractor.
"Knowingly", with respect to a material fact, means (i) having actual knowledge of the material fact; or (ii) being aware of facts or information that would cause a reasonable person to have actual knowledge of the material fact; or (iii) acting in deliberate ignorance or reckless disregard of the truth or falsity of the material fact.
(b) License application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a license to engage in the business of expediter company shall be accompanied by the following information:
(1) a description of the services that the applicant will provide;
(2) a statement as to whether the applicant or any controlling person has ever been: (i) convicted, in custody, under parole or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction for the commission of a felony or criminal offense of whatever degree involving theft, fraud, forgery, perjury, bribery, dishonesty, deceit or any offense set forth in subsections (e)(1) through (e)(6), inclusive, of this section; or (ii) found liable in the department of administrative hearings or the department of business affairs and consumer protection or any other administrative tribunal for the commission of any offense set forth in subsections (e)(1) through (e)(6), inclusive, of this section;
(3) a statement as to whether the applicant or any controlling person is currently under indictment or has been charged under any State or Federal law with the crime of bribery;
(4) fingerprints, as required under subsection (d)(2) of section;
(5) proof of insurance, as required under subsection (d)(3) of this section.
Provided, however, that for purposes of Section 4-4-050, a post office box shall not suffice as an address.
(c) License issuance and renewal – Prohibited when. No regulated business license to engage in the business of expediter company shall be issued to the following persons:
(1) any applicant or licensee, as applicable, whose license to engage in the business of expediter under Title 4 has been revoked for cause at any time within the last four years;
(2) any applicant or licensee, as applicable, who has ever been: (i) convicted, in custody, under parole or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction for the commission of a felony or criminal offense of whatever degree involving theft, fraud, forgery, perjury, bribery, dishonesty, deceit or any offense set forth in subsections (e)(1) through (e)(6), inclusive, of this section; or (ii) found liable in the department of administrative hearings or department of business affairs and consumer protection or any other administrative tribunal for the commission of any offense set forth in subsections (e)(1) through (e)(6), inclusive, of this section, unless, upon request of such person, the director determines that such person has been substantially rehabilitated to warrant the public trust. The burden of proof of substantial rehabilitation shall be on the person seeking such rehabilitation;
(3) any applicant or licensee, as applicable, who is currently under indictment or has been charged under any State or Federal law with the crime of bribery; and
(4) any person under the age of eighteen.
(d) Legal duties. Each licensee engaged in the business of expediter company shall have a duty to:
(1) print the expediter license number legibly in all of the following places: (1) on every application for a license, certificate or permit issued under this Code in connection with an act related to expediting; (ii) on the front page of every estimate, contract or subcontract provided or entered into in connection with an act related to expediting; and (iii) in all advertisements of the licensee's services as an expediter;
(2) submit to fingerprinting in accordance with regulations and procedures prescribed by the commissioner;
(3) obtain commercial general liability insurance with limits of not less than $300,000.00, per occurrence, for bodily injury, personal injury and property damage arising in any way from the issuance of the license or activities conducted pursuant to the license. Each policy of insurance required under this section shall: (1) be issued by an insurer authorized to insure in Illinois; (2) name the City of Chicago as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the licensee's operations; and (3) include a provision requiring 30 days' advance notice to the commissioner prior to cancellation or lapse of the policy. The licensee shall maintain the insurance required under this subsection in full force and effect for the duration of the license period. Proof of insurance shall be kept on the licensed premises, and, upon request by any authorized city official, shall be made available for inspection by such authorized city official;
(4) comply with all reasonable requests made by any authorized city official necessary or appropriate to implement the requirements of this chapter;
(5) cooperate fully with any authorized city official in any inquiry, inspection or investigation necessary or appropriate to implement the requirements of this chapter; and
(6) if applicable, register as a lobbyist in accordance with the requirements of Article III of Chapter 2-156 of ths Code.
(e) Prohibited acts. It shall be unlawful for any licensee engaged in the business of expediter company to:
(1) knowingly make or to cause to be made a false statement of material fact on or in connection with any license, certificate or permit application connected in any way with an act related to expediting, including, but not limited to, a false address or false property identification or index number (PIN) of the building or premises at which the scope of work identified in a building permit application will be done;
(2) knowingly submit or cause to be submitted in support of a license, certificate or permit application any document connected in any way with an act related to expediting that contains false or fraudulent information;
(3) knowingly affix or cause to be affixed a false signature on any license, certificate or permit application connected in any way with an act related to expediting;
(4) bribe, or attempt to bribe, or cause others to bribe or attempt to bribe, any city inspector, city personnel, government official or other person in connection with an act related to expediting;
(5) knowingly engage or cause others to engage in any conduct connected in any way with an act related to expediting in violation of the Illinois Architecture Practice Act, the Illinois Professional Land Surveyor Act, the Illinois Professional Engineering Practice Act or the Illinois Structural Engineering Act;
(6) knowingly provide or offer to provide a gift to a city employee in violation of Section 2-156-142 or in violation of any city department’s zero gift policy;
(7) fail to report immediately to the commissioner any violation of subsections (e)(1) through (e)(6), inclusive, of this section if: (i) such violation is committed by an employee of the licensee and such employee holds or is required to hold an expediter natural person license under Section 4-6-260; and (ii) such violation is known or reasonably should have been known by the licensee under this section;
(8) solicit business or to cause business to be solicited within any portion of City Hall or any main office, satellite office or other place of business owned, leased or controlled by a city department;
(9) negligently fail to provide in a building permit application the correct address and property identification or index number (PIN) of the building or premises at which the scope of work identified in such application will be done. As used in this subsection, the term "negligently" means on three or more occasions within any 12-month period;
(10) misrepresent or to cause to be misrepresented to any person the nature, type, extent or level of service to be provided, performed or rendered by the licensee;
(11) misrepresent or to cause to be misrepresented to any person that the licensee can obtain city review, approval or issuance of a city license, certificate or permit by a date certain;
(12) misrepresent or to cause to be misrepresented to any person the status of a city review, approval or issuance of a city license, certificate or permit or the status of any task order related to the same;
(13) misrepresent or to cause to be misrepresented to any city supervisor regarding the time period that a matter has been pending before a city employee or before a city contractor
(14) use or to cause to be used terms such as "licensed by the department of business affairs and consumer protection" or "licensed" or "registered" to convey the impression that such person is licensed by the department under this chapter when, in fact, the person is not so licensed;
(15) fail to notify the commissioner of the termination of employment for any reason of any person requiring an expediter/natural person license under Section 4-6-260, if such expediter/natural person was hired by, employed on a contractual basis by or receiving any remuneration for services from a licensee under this section. The notification required under this subsection shall be provided to the commissioner in writing within 14 business days of termination of employment of such licensee.
In addition to any other penalty provided by law: Any person who violates any requirement of subsection (e)(1) through (e)(7), inclusive, of this section shall be subject to a fine of not less than $2,000.00 nor more than $5,000.00 for each offense. Any person who violates any requirement of subsection (e)(8) through (e)(15), inclusive, of this section shall be subject to a fine of $1,000.00 for the first offense; $1,500.00 for the second offense; and $2,000.00 for the third or any subsequent offense. Each day that a violation continues shall constitute a separate and distinct offense.
(f) License suspension pending final adjudication of a bribery charge. If the commissioner has knowledge that a licensee under this section or any controlling person has been indicted or charged with any offense set forth in subsection (e)(4) of this section or with a similar offense under any State or Federal law and the commissioner determines that continued operation of the licensed business or activity may pose a threat to the public health, safety or welfare or may threaten to impair public confidence in the licensed business or activity, the commissioner may suspend the expediter company license of such licensee, in accordance with the requirements of Section 4-4-280, until final adjudication is made with respect to such offense. The subject matter of any hearing conducted under Section 4-4-280 shall be limited to determining: (1) whether the licensee or any controlling person has, in fact, been indicted or charged with any offense set forth in subsection (e)(4) of this section or with a similar offense under any State or Federal law; and (2) whether such offense is connected in any way with an act related to expediting; and (3) whether continued operation of the licensed business or activity may pose a threat to the public health, safety or welfare or may threaten to impair public confidence in the licensed business or activity. The burden of proving that continued operation of the licensed business or activity does not pose a threat to the public health, safety or welfare and does not threaten to impair public confidence in the licensed business or activity shall be on the licensee.
(g) License revocation – Four year wait for new license. No person whose expediter license under this section is revoked for any cause shall be granted a license under this section, under the same or different name, for a period of four years from the date of revocation.
(h) Violation – Penalty. Except as otherwise provided in this section, and in addition to any other penalty provided by law, any person who violates any requirement of this section or any rule or regulation promulgated hereunder shall be fined not less than $250.00 nor more than $500.00 for each offense.
(i) Suspension of permit privileges. The Commissioner of Buildings may suspend the ability of any person licensed, registered or certified or required to be licensed, registered or certified under this section to submit new applications or complete pending applications for a building permit or other permit issued by the Department of Buildings for cause as set forth in Section 14A-3-304 of this Code.
(j) License suspension or revocation by Building Commissioner. The Commissioner of Buildings may suspend or revoke the license, registration or certification of any person licensed, registered or certified under this section as provided in Section 14A-3-305 of this Code.
(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 6-6-12, p. 28356, § 1B; Amend Coun. J. 11-8-12, p. 38872, § 71; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 5; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 5; Amend Coun. J. 2-22-17, p. 43876, § 6; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 21; Amend Coun. J. 11-20-19, p. 9510, Art. IV, § 13)