REMOTE SERVICE TERMINALS

Municipal Code of Chicago tit. 4, ch. 4-305

in effect

Municipal Code of Chicago § 4-305-010 Definitions.

4-305-010 Definitions. (a) "Access area" means any paved walkway or sidewalk that is within 50 feet of any remote service terminal. The term does not include any street or highway open to the use of the public. (b) "Access device" means "access device" as defined in Federal Reserve Board Regulations E, 12 C.F.R. Part 205, promulgated pursuant to the Federal Electronic Fund Transfer Act, 15 U.S.C. Section 1601, et seq. (c) "Candlefoot power" means the light intensity of candles on a horizontal plane at 36 inches above ground level. (d) "Control" of an access area or defined parking area means to have the present authority to determine how, when and by whom such access area is to be used, lighted and landscaped. (e) "Customer" means a natural person to whom an access device has been issued for personal, family or household use. (f) "Defined parking area" means that portion of any parking area open for customer parking that is: (i) Contiguous to an access area with respect to a remote service terminal; (ii) Regularly, principally and lawfully used for parking by users of the remote service terminal while conducting remote service terminal transactions during the hours of darkness; and (iii) Owned or leased by the operator of the remote service terminal or owned or controlled by the party leasing the remote service terminal site to the operator. The term does not include any parking area which is not open or regularly used for parking by users of the remote service terminal who are conducting remote service terminal transactions during the hours of darkness. A parking area is not open if it is physically closed to access or if conspicuous signs indicate that it is closed. If a multiple-level parking area satisfies the conditions of this paragraph and would therefore otherwise be a defined parking area, only the single parking level deemed by the operator of the remote service terminal to be the most directly accessible to the users of the remote service terminal shall be a defined parking area. (g) "Financial institution" means a state or federally chartered bank, savings and loan association, savings bank or credit union. (h) "Hours of darkness" means the period that commences 30 minutes after sunset and ends 30 minutes before sunrise. (i) "Operator" means any financial institution or other business entity or any person who operates a remote service terminal, but does not include any person or entity whose primary function is to provide for the exchange, transfer or dissemination of electronic fund transfer data. (j) "Public road" means any public right-of-way, including but not limited to structures, sidewalks, facilities and appurtenances incidental thereto. (k) "Remote service terminal" means any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit or convenience account. The term does not include devices used solely to facilitate check guarantees or check authorizations or which are used in connection with the acceptance or dispensing of cash on a person-to-person basis, such as a store cashier or service desk representative. (Added Coun. J. 11-17-93, p. 42123)

Municipal Code of Chicago § 4-305-020 Intent.

4-305-020 Intent. The intent of the city council of the City of Chicago in enacting this chapter is to enhance the safety of consumers using remote service terminals in the City of Chicago without discouraging the placement of remote service terminals in locations convenient to consumers' homes and work places. Because decisions concerning safety at remote service terminals are inherently subjective, the standard of care applicable to the operators of remote service terminals is compliance with the objective standards and information requirements of this chapter. It is not the intent of the city council of the City of Chicago in enacting this chapter to impose a duty to relocate or modify remote service terminals upon the occurrence of a particular event or circumstance, but rather to establish a means for the evaluation of all remote service terminals as provided in this chapter. A violation of the provisions of this chapter will not constitute negligence per se. Substantial compliance with the objective standards and information requirements of this chapter is prima facie evidence that the operator of the remote service terminal in question has provided adequate measures for the safety of users of the remote service terminal. (Added Coun. J. 11-17-93, p. 42123)

Municipal Code of Chicago § 4-305-030 Safety evaluation procedures - Date of compliance.

4-305-030 Safety evaluation procedures - Date of compliance. On or before July 1, 1995, with respect to all existing installed remote service terminals in the City of Chicago, and any remote service terminals installed in the City of Chicago after July 1, 1994, the operator shall adopt procedures for evaluating the safety of the remote service terminals. These procedures shall include a consideration of the following: (i) The extent to which the lighting for the remote service terminal complies or will comply with applicable standards; (ii) The presence of landscaping, vegetation or other obstructions in the area of the remote service terminal, the access area and the defined parking area; and (iii) The incidence and circumstance of crimes in the immediate neighborhood of the remote service terminal as reflected in the records of the local law enforcement agency of which the operator has actual knowledge. Each operator of a remote service terminal shall request copies of such records from the superintendent of police not less frequently than annually. (Added Coun. J. 11-17-93, p. 42123)

Municipal Code of Chicago § 4-305-040 Procedures and provisions for adequate lighting - Date of compliance.

4-305-040 Procedures and provisions for adequate lighting - Date of compliance. (a) Each operator of a remote service terminal installed on or after July 1, 1994, shall comply with the provisions of this chapter commencing on the date the remote service terminal is installed. Compliance with the provisions of this chapter by operators as to remote service terminals existing as of July 1, 1994 shall be optional until July 1, 1995 and mandatory thereafter. This chapter shall apply to an operator of a remote service terminal only to the extent that the operator controls the access area or defined parking area to be lighted. (b) If an access area or a defined parking area is not controlled by the operator of the remote service terminal, and if the person who leased the remote service terminal site to the operator controls the access area or defined parking area, the person who controls the access area or defined parking area shall comply with the provisions of this chapter as to any remote service terminals installed on or after July 1, 1995, commencing on the date the remote service terminal is installed and, as to any remote service terminal existing as of July 1, 1994, commencing no later than on July 1, 1995. (c) The operator or other person responsible for the remote service terminal shall provide lighting during the hours of darkness with respect to an open and operating remote service terminal and any defined parking area, access area and the exterior of an enclosed remote service terminal installation according to the following standards: (i) There shall be a minimum of ten candlefoot power at the face of the remote service terminal and extending in an unobstructed direction outward five feet; (ii) There shall be a minimum of two candlefoot power within 50 feet from all unobstructed directions from the face of the remote service terminal. In the event the remote service terminal is located within ten feet of the corner of the building and the remote service terminal is generally accessible from the adjacent side, there shall be a minimum of two candlefoot power along the first 40 unobstructed feet of the adjacent side of the building; and (iii) There shall be a minimum of two candlefoot power in that portion of the defined parking area within 60 feet of the remote service terminal. (Added Coun. J. 11-17-93, p. 42123)

Municipal Code of Chicago § 4-305-050 Notices to customers - Date of compliance.

4-305-050 Notices to customers - Date of compliance. (a) The issuer of an access device shall furnish a customer receiving the device with a notice of basic safety precautions which the customer should employ while using a remote service terminal. This information shall be furnished by personally delivering or by mailing the information to each customer whose mailing address as to the account to which the access device relates is in the City of Chicago. (b) If an access device is issued on or after July 1, 1995, the information described in this section shall be furnished at or before the time the customer is furnished with his or her access device. With respect to a customer to whom an access device has been issued prior to July 1, 1994, the information shall be delivered on or before July 1, 1995. (c) Only one notice need be furnished per household, and if access devices are furnished to more than one customer for a single account or set of accounts or on the basis of a single application or other request for access device, only a single notice need be furnished in satisfaction of the notification responsibilities as to those customers. (d) The information may be included with other disclosures related to the access device furnished to the customer, such as with any initial or periodic disclosure statement furnished pursuant to the federal Electronic Fund Transfer Act. (Added Coun. J. 11-17-93, p. 42123)

Municipal Code of Chicago § 4-305-060 Record keeping.

4-305-060 Record keeping. (a) Each operator of a remote service terminal shall maintain records for each separate remote service terminal location. These records are to be updated annually and should contain information on the following subjects: (i) Measures taken to comply with and maintain compliance with this chapter. Specifically, the procedures adopted pursuant to Section 4-305-030 of this chapter, including measures taken to comply with the lighting, landscaping and notice requirements of this chapter; and (ii) Information on any criminal or threatening activity occurring at the remote terminal site, such information obtained either through actual knowledge or through police reports. (b) Each operator of a remote service terminal located in the City of Chicago shall file a copy of the records to be maintained pursuant to subsection (a)(i) of this section with the clerk of the City of Chicago. These records must be updated by a filing with or certification to the clerk of the City of Chicago made not less frequently than annually. Each operator of a remote service terminal located in the City of Chicago shall make records to be maintained pursuant to subsection (a)(ii) of this section with respect to such remote service terminal available for inspection by the superintendent of police during normal business hours. (Added Coun. J. 11-17-93, p. 42123)

Municipal Code of Chicago § 4-305-070 Remote service terminals to which this chapter does not apply.

4-305-070 Remote service terminals to which this chapter does not apply. This chapter does not apply to any remote service terminal which is located: (i) Inside a building, unless it is an installation that exists for the sole purpose of providing an enclosure for the remote service terminal; or (ii) Inside a building, except to the extent a transaction can be conducted from outside the building; or (iii) In any area, including any access area, building, enclosed space or parking area, that is not controlled by the operator. (Added Coun. J. 11-17-93, p. 42123)

Municipal Code of Chicago § 4-305-080 Persons or entities to which this chapter does not apply.

4-305-080 Persons or entities to which this chapter does not apply. The provisions of this chapter shall not be construed to create any duty, responsibility or obligation for any person or entity whose primary function is to provide for the exchange, transfer or dissemination of electronic fund transfer data and is not otherwise a financial institution or an operator, as defined in this chapter, and such person or entity shall have no liability of any nature to any customer or user of a remote service terminal and shall not be named in any action by a customer or user of a remote service terminal for any claim concerning any provision of this chapter or relating to the use or attempted use of a remote service terminal. (Added Coun. J. 11-17-93, p. 42123)

Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2637913Fetched: 10/24/2026