4-264-230 Violation - Penalty.
(a) Except as otherwise provided in subsection (c), any person who violates any requirement of this chapter or any rule promulgated thereunder shall be fined not less than $1,000.00 nor more than $2,000.00 for each offense. Each violation in regard to a separate transaction shall constitute a separate and distinct offense to which a separate fine shall apply. Where the provisions of this chapter impose a requirement on a licensee, an unlicensed person engaged in the activity shall be subject to the same penalty for violating the requirement.
(b) In addition to any other penalty provided by law, any violation of this chapter or rule promulgated thereunder may result in license suspension or revocation in accordance with the requirements of Section 4-4-280 of this Code. If a person commits two or more violations within any 24-month period of Section 4-264-090, the Commissioner shall revoke that person's licenses. For purposes of this section: (1) "licenses" includes any and all licenses issued by the City of Chicago to engage in business operations at the location at which the violations occurred; (2) multiple offenses occurring on the same date shall be deemed a single violation while offenses occurring on separate dates shall be deemed separate violations; and (3) a "violation" may include a finding of liability or a finding sustaining the offense or offenses charged in the same or in any contemporaneous proceeding or evidence of any previously resolved final disposition against the licensee on a charge brought pursuant to any of the provisions of this chapter including, but not limited to, any finding of liability after adjudication on the merits, any default finding of liability, any uncontested finding of liability, any negotiated pre-hearing settlement of the charge, and any voluntary payment of the fine corresponding to the charge. Any revocation hearing shall be limited to the issue of whether the licensee's record and the resolution of any pending charges in the same or contemporaneous proceedings, if applicable, accurately reflect the existence of a sufficient number of violations to support the revocation decision. The licensee shall not be permitted to challenge the previously resolved violations themselves, nor any underlying facts asserted or determined therein.
(c) In addition to any other penalty provided by law, any person who purchases or offers for sale secondhand cell phones in violation of this chapter or who otherwise violates subsection (e) of Section 4-264-090 of this chapter, as applicable, shall be fined not less than $2,000.00 nor more than $10,000.00 for each offense. Each violation shall constitute a separate and distinct offense.
(d) When any license issued pursuant to this chapter is revoked for any cause, no secondhand dealer license shall be granted to such person for any premises for a period of four years thereafter. In the case of a legal entity, all persons who have a substantial ownership or controlling interest in the entity shall be subject to the prohibition in this subsection.
(e) When a secondhand dealer license under this chapter is revoked for any cause, no secondhand dealer license under this chapter shall be granted to any person for a period of one year thereafter for the premises described in such revoked license unless the revocation order was entered as to the licensee only.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 2-26-97, p. 40141; Amend Coun. J. 9-29-99, p. 12263, § 1; Amend Coun. J. 9-8-10, p. 99259, § 5; Amend Coun. J. 5-9-12, p. 27485, § 135; Amend Coun. J. 9-6-17, p. 54980, § 2; Amend Coun. J. 1-26-22, p. 43399, § 2)
