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G-943 - 03/08/2011 - LICENSE - Ordinances Supporting Documents4 UOUNT0 AGENDA ITEM Regular Board of Trustees Meeting of March 08, 2011 SUBJECT: Limousine Driver's Licensing FROM: Jason Cates/Police Lieutenant BUDGET SOURCE/BUDGET IMPACT: N/A ITEM 6.G.2) 7) RECOMMENDED MOTION: I move to approve passage of Ordinance G -943, "An ordinance amending Title 4, adding Chapter 10, the Village Code of the Village Of Oak Brook, Illinois relative to regulating the issuance of limousine driver's licenses." Backeround/History: In order to protect the public health, safety and welfare it is necessary to regulate the issuing of limousine driver's licenses for operation of limousines within the Village of Oak Brook by ensuring that drivers possess a valid Illinois Driver's license, have a clear driving record; and a background without felony convictions. Vehicle inspections will be completed to ensure passenger safety and to ensure that companies and drivers are properly insured. No limousine shall be operated upon streeets and ways within the Village, nor shall any limousine company engage in business, unless there shall first have been obtained therefore licenses from the Village of Oak Brook. An ordinance establishing requirements for issuance of limousine driver's licensing is brought before you for your consideration at the Village Board's regular meeting of March 08, 2011. Enclosed for the Village Board's review, is ordinance 2011 - LC-TA- LIMO -G -943. Recommendation: The recommendation is for Passage of Ordinance G -943, amending Section 4 of the Village code of the Village of Oak Brook. Last saved by Imillsap 1: \VillageShare\AGENDA MEMOS\2011 Agenda Memos\030811\2011 limo licensing Agenda Memo.doc �f� " Last printed 3/4/2011 1:55 PM WWW ORDINANCE 2011- LC -TA- LIMO -G -943 AN ORDINANCE ESTABLISHING REQUIREMENTS FOR ISSUANCE OF A LIMOUSINE DRIVER'S LICENSE AND AMENDING SECTION 4 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK WHEREAS, the President and Board of Trustees have determined that in order to protect the public health, safety and welfare it is necessary to regulate the issuing of limousine driver's licenses for operation of limousines within the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows: Section 1: The foregoing preamble is restated and incorporated herein by reference as though fully set forth herein. Section 2: Section 4 of the Village Code is hereby amended by adding the following as Chapter 10: Section 4 -10 -1: DEFINITIONS: Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms, for the purposes of this Chapter shall have the meanings indicated in this Section: LICENSEE: a person to whom a limousine license has been issued. LIMOUSINE SERVICE: a service providing or offering to provide transportation in a chauffeur - driven motor vehicle designed to be used to carry eight or fewer passengers, but not including the carrying of passengers over fixed routes. LIMOUSINE SERVICE LICENSE: a license issued by the Village for operation of a limousine service. LIMOUSINE LICENSE DECAL: the decal provided by the Village upon issuance of a limousine license pursuant to this Chapter to be displayed on each limousine as evidence of license issuance. Section 4 -10 -2: LIMOUSINE COMMISSIONER: A. The limousine commissioner ( "commissioner ") shall perform all the duties and functions of commissioner as provided in this Chapter, including, but not limited to the following: Convening and presiding at certain hearings and meetings required by this Chapter, and 2. Approving, denying, revoking and suspending licenses pursuant to the provisions of this Chapter. B. The Village Manager shall assume the duties of commissioner. The commissioner may at any time appoint a deputy commissioner, who shall have the power to perform any of the duties of the commissioner hereunder. Section 4 -10 -3: LIMOUSINE COMPANY LICENSES: A. No limousine shall be operated upon streets and ways within the Village, nor shall any limousine company engage in business, unless there shall first have been obtained therefore licenses from the Village. Such limousine licenses shall be issued for the term of the licensing year, April 1 Ordinance 2011- LC -TA- LIMO -G -943 Amending Title 4 Page 2 of 9 through March 31, or such part thereof as remains at the time the license is applied for, and shall be effective for such period of time unless sooner suspended or revoked. The full yearly license fee shall be charged no matter when the license is applied for or issued. B. Applications shall be made by the limousine company, in writing, to the Village on forms provided by the Village. A license fee of two hundred dollars ($200.00) shall be submitted with the application. If the application is for renewal of a limousine license, the application shall be submitted to the Village not less than thirty (30) days prior to expiration of the current license. Renewal applications filed after this deadline shall be considered a late filing but shall be accepted by the Village provided a late filing fee of fifty dollars ($50.00) is submitted with the application and license fee. C. The limousine company shall comply with the following requirements: The applicant shall be required to file with the Village, as part of its application for a limousine company license, •a certificate of insurance issued by a solvent company authorized to do business in the state and insuring the limousine company and owners of all limousines for which licenses are sought, its drivers and employees against liability for any damage or injury to, including death of, any person and for damage or injury to property resulting from the negligence of such licensee, owner, drivers, employees or any other agent in the operation of such vehicle. Such policy of insurance may cover one or more vehicles. Limousine companies having limousines operated by independent contractors must cause each driver to provide proof of automobile liability insurance for each limousine registered pursuant to this Chapter or provide the required insurance on behalf of such independent contractor. The limits of liability shall be, with respect to each vehicle covered by such policy, not less than three hundred thousand dollars ($300,000.00) combined single limit, each accident or such other amount as required by Illinois state statute. Such policy of insurance shall provide for the payment and satisfaction of any final judgment rendered against the licensee or owner of such vehicle for both damage to property and for personal injury, including death. 3. The policy shall be further endorsed to provide a thirty (30) day advance written notice of any cancellation thereof to the Village. In the event the insurance coverage required under this Section is canceled, the limousine company license and all limousine vehicle licenses and limousine driver's licenses relating to such limousine company shall immediately terminate as of the effective date of such insurance termination unless a substitute policy of insurance complying with the provisions of this section is provided to the Village prior to the effective date of the insurance cancellation. 4. All licensed limousine companies shall provide proof of automobile liability insurance for each limousine registered pursuant to this Chapter. Such proof of insurance must be carried in each individual limousine licensed pursuant to this Chapter at all times and shall be made available to any person involved in an accident at the time of such accident. D. The limousine company, along with its application for a limousine company license shall license or cause to be licensed each individual limousine operated by, for or on behalf of such company within the Village, in accordance with this Section. E. The Village shall investigate the owner(s) of the limousine company, including each officer, general partner, sole proprietor and all persons having an ownership interest of five percent (5 %) or more of any such applicant. If this investigation of the application material reveals information Ordinance 2011- LC -TA- LIMO -G -943 Amending Title 4 Page 3 of 9 showing any of the following, the application shall not be approved and no license shall be issued to the limousine company: The owner or an officer, shareholder or director of the owner, has been convicted of a felony based upon the limousine business or similar business within the past ten (10) years; 2. The owner or an officer, shareholder or director of the owner, has been convicted of a felony or misdemeanor unrelated to the limousine business or similar business which felony or misdemeanor involves any of the following offenses: a. Unlawful possession with the intent to deliver: any controlled substance, as such term is defined in the Illinois Controlled Substances Act, as amended from time to time; or cannabis as defined in the Cannabis Control Act, as amended from time to time; or an intoxicating compound as listed or defined in the intoxicating compounds act, as amended from time to time, within the past ten (10) years; or b. Unlawful possession of any controlled substance, cannabis or intoxicating compound, within the past five (5) years; or C. Any sex offense as such offenses are defined in the Illinois Criminal Code 720 Illinois Compiled Statutes 5/1 -1 et seq., or any like offense of another state or country, within the past ten (10) years; or d. Any offense involving violence against another person or threatened violence against another person under the Illinois Criminal Code 720 Illinois Compiled Statutes 5/1 -1 et seq., or any like offense of another state or country, within the past ten (10) years; or e. Any offense involving moral turpitude, including, but not limited to, any offense involving the misapplication, misappropriation or misuse of funds of another person, within the past five (5) years; or f. Any theft offense as such offenses are defined in the Illinois Criminal Code 720 Illinois Compiled Statutes 5/1 -1 et seq., or any like offenses of another state or country, within the past ten (10) years. 3. An owner or officers, shareholder or director of the owner, has been convicted of a misdemeanor based upon conduct or involvement in the limousine business or similar business within the past five (5) years; or 4. The owner or officer, shareholder or director of the owner, has misrepresented or omitted material facts in the application for a license. The licensee shall be responsible for the acts, omissions and general conduct of persons operating a limousine for, on behalf of or with the permission of such limousine company. The limousine company shall, periodically during the term of each annual license, determine if its limousine drivers continue to meet the qualifications set forth in this Chapter and shall promptly inform the Village of the names of any such drivers who fail to so qualify. G. If a licensee holding a limousine company license under this shall change its principal place of business, it shall notify the Village in writing. Upon Chapter receipt of such notification, the Village shall make the necessary alterations to her records. No fee shall be required for a change in the Ordinance 2011- LC -TA- LIMO -G -943 Amending Title 4 Page 4 of 9 principal place of business of the company. If ownership of a limousine company licensed under this Chapter shall be conveyed to a new owner, said new owner shall apply for a new license in its name in accordance with the procedures and standards set forth in this Section. There shall be no transfer of a license from one owner of a business to another. H. There shall be no limit on the number of limousine company licenses or on the number of limousine vehicle licenses. If the limousine company provides no service in the Village for a period of ten (10) consecutive days, the Village Manager, upon hearing, after not less than five (5) days' notice to the owner, may thereupon revoke the license of such limousine company. Section 4 -10-4: LIMOUSINE VEHICLE LICENSE; VEHICLE REQUIREMENTS: A. No limousine vehicle shall be operated in the Village unless there shall first have been obtained for each such vehicle a limousine vehicle license. The requirements of this Section shall be in addition to those of Section 4 -10 -3, relating to limousine company licenses. B. Applications shall be made to the Village on forms provided by the Village. A license fee of twenty five dollars ($25.00) per vehicle shall be submitted with the application. The following information for each limousine to be licensed shall be provided: 1. The year, make, color and vehicle identification number; 2. Name, address and telephone number of the owner; 3. Written certification that required safety inspections of the limousine have been completed not more than thirty (30) days prior to the date of application and that such inspections find the limousine to be safe; 4. During the term of any license issued to a limousine company, if the limousine company substitutes another limousine for any limousine licensed with the Village pursuant to this Section, or adds any additional limousine to the list of licensed limousines, the company shall license such substitute or additional limousine with the Village pursuant to this Section. C. All limousines licensed by the Village are subject to periodic inspection by the Village, as required by the commissioner and the limousine company shall promptly upon notice from the Village make said limousine available for inspection. D. Every limousine operated by a limousine company licensed by the Village shall display the license by fastening it inside the vehicle in a location visible to customers. E. The condition of limousines licensed by the Village shall be as follows: Every limousine operated in the Village by a limousine company licensed by the Village shall be maintained in a safe condition at all times. If any limousine shall become unsafe for operation or if its body or seating facilities shall be so damaged as to render the limousine unfit for public use, the commissioner may, after hearing, suspend the license issued to the limousine company operating that vehicle, or suspend that limousine vehicle license, until the vehicle is made safe for use by the public or replaced with a vehicle that complies with this Chapter. Ordinance 2011- LC -TA- LIMO -G -943 Amending Title 4 Page 5 of 9 2. All doors of every limousine shall have functional interior door handles and latches. 3. In addition to the requirements in subsection F of this Section, every limousine shall meet the following standards while in service in the Village: The vehicle's exterior appearance including paint, lettering and chrome shall be in good condition and free from excessive rust; and b. The vehicle's interior shall be clean, sanitary and the upholstery shall be in good repair. Each limousine operated by a licensed limousine company within the Village shall provide entrances and exits free of interior barriers and have a sufficient number of exits to permit every passenger and the driver to exit from the vehicle in the event that one side is rendered impassible as the result of an accident, safety conditions or otherwise. G. Every limousine operated by a limousine company shall pass mechanical inspection tests as specified by the Village. The inspections must take place not more than thirty (30) days prior to application for a limousine license or the renewal of such license. The inspections will take place at a firm or firms designated from time to time by the Village. The expense for such inspection shall be paid by the licensee. No license shall be issued for any limousine that fails to meet these inspection requirements. The commissioner shall from time to time issue a list of private firms which are authorized to perform vehicle safety (mechanical) inspections. Section 4 -10 -5: LIMOUSINE DRIVER'S LICENSE: A. Required: It shall be unlawful for any person to operate a limousine for a limousine company licensed by the Village unless that person has been issued a license by the Village. It shall be unlawful for any person to operate a limousine that is not properly licensed pursuant to Section 4- 10-3 of this Chapter. No limousine driver's license shall be issued unless the requirements relating to limousine companies set forth in Section 4 -10 -3 of this Chapter and the requirements of this Section have been satisfied. B. Driver Qualifications: Each driver who shall drive any limousine in the Village shall at all times meet the following qualifications: 1. Possess a valid state of Illinois driver's license of a classification required by state law for the transport of persons for hire; 2. Be twenty one (21) years of age or older; 3. Be able to read, write and speak the English language, as determined by a test administered by the Village. Such test shall consist of the applicant completing the limousine driver's license application in the presence of the commissioner; and 4. Have a Secretary of State's court purposes driving abstract showing no convictions for any of the following offenses: a. Driving under the influence of a controlled substance, cannabis, an intoxicating compound, alcoholic liquor or similar provision of a local ordinance or any like offense of another state or country within the past five (5) years; and C Ordinance 2011- LC -TA- LIMO -G -943 Amending Title 4 Page 6 of 9 b. Reckless driving or a similar provision of a local ordinance or any like offense of another state or country, within the past five (5) years; and C. Any offense originally charged as listed under subsection He or B5b of this Section and later reduced to any negotiated lesser offense, within the past five (5) years. Application and Issuance: The application for a limousine driver's license shall be approved by the commissioner or his designee and a limousine driver's license issued pursuant to and in accordance with the following rules and regulations: Application shall be made by the driver, in writing, to the Village on a form provided by the Village. Prior to issuance of the license, a nonrefundable license application fee of fifty dollars ($50.00) shall be paid. 2. The driver shall be required to include in the application a true statement of certain facts including, but not limited to, the name and address of the driver, the age and date of birth of the driver, the driving convictions of the driver, the type and class of driver's license of the driver, convictions for the use, possession or sale of controlled substances, cannabis, intoxicating compounds or alcoholic liquor, any felony or misdemeanor convictions of the driver - applicant, the home address and telephone number of the driver. All such information shall be provided under oath. 3. At the time of application, the driver shall submit his /her driving abstract obtained from and certified by the Illinois Secretary of State's office dated not more than thirty (30) days prior to the submittal of the application for a license. 4. At the time of application, the driver shall submit a photograph of himself or herself for the purpose of having his /her photograph taken, which photo shall clearly and accurately show the applicant's face and shoulders. D. Investigation: The commissioner shall investigate the applicant for a limousine driver's license. If this investigation or the application materials reveal that the statements made as part of the application are inaccurate or reveal information showing any of the following, the application shall not be approved and no limousine driver's license shall be issued to the applicant: The applicant has been convicted of a felony based upon his /her conduct or involvement in such business activity or similar business within the past ten (10) years; 2. The applicant has been convicted of a felony or misdemeanor unrelated to his /her conduct or involvement in such business activity or similar business, which felony or misdemeanor involves any of the following offenses: Unlawful possession with the intent to deliver: any controlled substance, as such term is defined in the Illinois Controlled Substances Act, as amended from time to time; or cannabis as defined in the Cannabis Control Act, as amended from time to time; or an intoxicating compound as listed or defined in the intoxicating compounds act, as amended from time to time, or alcoholic liquor, or any like offense of another state or country within the past ten (10) years; or b. Unlawful possession of any controlled substance, cannabis, intoxicating compound or alcoholic liquor, within the past five (5) years; or Ordinance 2011- LC -TA- LIMO -G -943 Amending Title 4 Page 7 of 9 C. Any sex offense as such offenses are defined in the Illinois Criminal Code, 720 Illinois Compiled Statutes 5/1 -1 et seq., or any like offense of another state or country, within the past ten (10) years; or d. Any offense involving violence against another person or threatened violence against another person under the Illinois Criminal Code or any like offense of another state or country, within the past ten (10) years; or e. Any offense involving moral turpitude, including, but not limited to, any offense involving the misapplication, misappropriation or misuse of funds of another person, within the past five (5) years; or f. Any theft offense as such offenses are defined in the Illinois Criminal Code, 720 Illinois Compiled Statutes 5/1 -1 et seq., or any like offenses of another state or country, within the past ten (10) years. 3. The applicant has been convicted of driving under the influence of a controlled substance, cannabis, an intoxicating compound or alcoholic liquor under Illinois law as amended from time to time or similar provision of a local ordinance or any like offense of another state or country, within the past five (5) years. 4. The applicant has been convicted of reckless driving under Illinois law as amended from time to time or similar provision of a local ordinance or any like offense of another state or country within the past five (5) years. 5. The applicant's driver's license has been suspended for moving or nonmoving violations of a motor driven vehicle within the past five (5) years. E. License Provisions: No limousine driver's license shall be assigned or transferred to any other person. Upon issuance of a limousine driver's license the driver shall at all times when operating a limousine in the Village carry a license that contains his /her name, license number and year for which the license is valid. The limousine driver shall show the license to any person requesting to see it at any time the driver is operating the limousine. License Term: The term of all driver's licenses issued under the provisions of this shall be for the license year, and in every case shall expire at the end of the last day of March of the license year. The full yearly license fee shall be charged regardless of when the license is applied for or issued. Section 4 -10 -6: CONDUCT OF LIMOUSINE DRIVERS: A. It shall be unlawful for any driver to conduct himself in a disrespectful or contemptuous manner toward any person, or to use abusive or profane language while so occupied or in charge of such vehicle. B. It shall be unlawful for any driver to solicit passengers for limousine service at a taxicab stand. C. Drivers shall be obligated to render reasonable aid to any person who suffers injury or illness while a passenger of a limousine operated by the driver. D. It shall be unlawful for any driver to use, possess or be under the influence of any controlled substance, cannabis, intoxicating compound or alcoholic liquor when operating a limousine. Ordinance 2011- LC -TA- LIMO -G -943 Amending Title 4 Page 8 of 9 E. It shall be unlawful for any driver to permit any person to occupy or use a limousine for the purpose of prostitution, lewdness, or indecent conduct, and it is unlawful for a driver to direct or offer or agree to direct any person to any place or person for the purpose of prostitution, lewdness, or indecent conduct. F. It shall be unlawful for any driver to park of store a limousine at any time on any street in a residentially zoned area within the Village, except to load or unload passengers. G. It shall be unlawful for any driver to violate any provision of this Chapter. Section 4 -10 -7: REGISTER OF LICENSES: The commissioner shall keep a register of the name, address and photograph of each person owning or operating a limousine licensed under this Chapter, together with the license number and the description, make and model of such limousine, with the date and complete record of inspections made of it. Such records shall be open to the inspection of the public at all reasonable times, and shall be public records. Section 4 -10 -8: BOOKS AND RECORDS OF ACCOUNT: Every licensed limousine company shall keep accurate books and records of account and logbooks of service rendered in its dispatching office. The commissioner or his designee shall be permitted to examine those books and records of account and logs as they may relate to a specific charge that is the subject of a complaint or public hearing under the provisions of this Chapter. Section 4 -10 -9: COMPLAINTS: A. Any person may file a written complaint with the commissioner regarding the conduct of a limousine driver or limousine company or the condition of a vehicle. B. The commissioner or his designee shall investigate all complaints against limousine drivers, or limousine companies or vehicles. He shall notify the driver and the limousine company of the complaint and may conduct a meeting on the matter. If the commissioner determines that such a meeting is necessary, the driver and a representative of the limousine company shall be present. If the commissioner determines that any provision of this Chapter has been violated, he shall take any further action consistent with the provisions of this Chapter. Section 4- 10 -10: DENIAL, REVOCATION OR SUSPENSION OF LIMOUSINE LICENSE: A. Denial; Appeal; If a license is denied under the provisions of this Chapter, the applicant may file a written appeal of the decision to the commissioner within seven (7) days of receipt of the decision. The written appeal shall set forth the reasons why the applicant believes the decision to deny the license should be reversed. The commissioner shall respond to the appeal within fourteen (14) days either affirming or reversing the decision to deny the license; the commissioner's response shall be final. B. Suspension or Revocation: Any limousine company license, limousine vehicle license or limousine driver's license shall be subject to suspension or revocation after hearing, by the commissioner upon a finding that the holder thereof has violated any provision of this Chapter, this code, state statute or other applicable law. Upon suspension or revocation of any limousine company license, limousine vehicle license or limousine driver's license granted hereunder, the holder or holders thereof shall be immediately and automatically barred from limousine activity and operation within the Village per the terms of the suspension or revocation. Section 4- 10 -11: PENALTIES: Ordinance 2011- LC -TA- LIMO -G -943 Amending Title 4 Page 9 of 9 A. Penalties for violation of this Chapter shall be a fine of not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00). Every day that a violation exists shall constitute a separate and distinct offense. B. Notwithstanding the imposition of the fines aforesaid, any license issued pursuant to this Chapter shall be subject to suspension or revocation by the commissioner for the same violation that resulted in the court imposed fine. Section 4: If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this ordinance. Section 5: All ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. APPROVED THIS 8th day of March, 2011. PASSED THIS 8th day of March, 2011. John W. Craig Village President ATTEST: Charlotte K. Pruss Village Clerk