G-1072 - 02/09/2016 - LICENSE- LIMO - Ordinances Supporting Documents ITEM 6.C.4)
BOARD OF TRUSTEES MEETING
VILLAGE OF SAMUEL E. DEAN BOARD ROOM
OAK B R � K , BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Regular Board of Trustees Meeting
of
February 9, 2016
SUBJECT: Limousine Ordinance Amendment
FROM: James R. Kruger Jr., Chief of Police ]
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move that the Village Board approve Ordinance 2016-
LC-VEH-G-1072, an ordinance amending the title, scope and vehicle liability insurance
requirements and of Title 4, Business License Regulations, Chapter 10, Public Passenger
Vehicles other than Taxicabs.
Background/History:
The Village has regulated the licensing of limousines doing business within the Village
of Oak Brook since February 20, 1962. On October 27, 2015 the Village Board approved
Ordinance 2015-LC-VEH-G-1064, an ordinance expanding business licensing
regulations to include public passenger vehicles. Upon review with the Village Attorney
and discussions with companies that operate transportation network providers, the
enforcement of the existing regulations as they apply to public passenger vehicles,
excluding limousines, is not practical and overly burdensome. Because of the nuances of
these types of businesses the regulation of public passenger vehicles would be most
effectively achieved with an independent ordinance addressing Transportation Network
Providers. That proposed ordinance will be forthcoming at a future meeting of the Village
Board. This proposed amendment rolls back the ordinance to regulate limousine
companies that are licensed as a livery service.
Additionally, the ordinance increased the level of liability insurance with respect to each
vehicle covered by such policy to $2,000,000. The level of coverage required by our
ordinance is significantly greater than that required by state statute. The proposed
amendment reduces the amount of vehicle liability insurance to level required by state
statute (625 ILCS 5/8-101).
BOT AGENDA Page 1
Recommendation:
Staff recommends that the Village Board Approve Ordinance 2016-LC-VEH-G-1072
amending Title 4, Business License Regulations, Chapter 10, Public Passenger Vehicles
other than Taxicabs.
BOT AGENDA Page 2
ORDINANCE 2016-LC-VEH-G-1072
AN ORDINANCE AMENDING TITLE 4, CHAPTER 10 OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK RELATING TO PUBLIC PASSENGER VEHICLES
OTHER THAN TAXICABS
WHEREAS, Section 11-42-6 of the Illinois Municipal Code, 65 ILCS 5/11-42-6 ("Municipal
Code', provides the Village of Oak Brook ("Village') the authority to license, tax, and regulate public
passenger vehicles, including,without limitation, limousines; and
WHEREAS, pursuant to the Municipal Code, the Village has adopted regulations and licensing
requirements for limousines operated within the Village in Chapter 10 of Title 4 of the Village Code of the
Village of Oak Brook, Illinois ("Village Code', in order to protect the safety and welfare of the Village's
residents and those passing upon the Village's streets and ways ("Public Passenger Vehicle
Regulations'); and
WHEREAS, the Village President and the Board of Trustees have determined that the Public
Passenger Vehicle Regulations should be amended to more efficiently administer the Public Passenger
Vehicle Regulations; and
WHEREAS, the Village President and Board of Trustees have determined that it is in the best
interest of the Village and its residents to amend the Village Code as set forth in this Ordinance;
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: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of,this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Amendment to Chapter 10 of Title 4 of the Village Code. Chapter 10, entitled,
"Limousines," of Title 4, entitled "Business and License Regulations," of the Village Code shall be
amended further, and shall read as follows:
"Chapter 10
DI RI Ir• PASSENGER VEHICI ES OTHER THAN TAXICACC LIMOUSINES
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:
LICENSE YEAR: The term for which a license issued pursuant to this chapter is effective,
which term shall be from April 1 to March 31.
LIMOUSINE• a public passenger vehicle for hire, only at a charge or fare for each
passenger per trip, or for each vehicle per trip fixed by agreement in advance, and
used to carry effight or fewer passengers.
LIMOUSINE DRIVER• All drivers of limousines that pick up passengers in the
village and providing public passenger service
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Public Passenger Service Licensing Amendment
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LIMOUSINE DRIVER'S LICENSE: That license issued to the driver of a limousine.
pursuant to section 4-10-5 of this chapter,
LIMOUSINE COMPANY: Every individual, trust, partnership, association, firm.
ompanv, or corporation engaged in business as a proprietor, franchisor. or
dispatcher of one or more limousines.
LIMOUSINE LICENSE DECAL: That 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.
OWNER: Every individual, person, trustee, partnership, association or corporation
owning, leasing, operating or having the use or control of one or more p6lblis-passe119eF
Vehicles limousines in the village.
PUBLIC PASSENGER DRIVER: driy f limeu at niGk � the
crate-�-�-avv tv �r�rr �rrrcer�errtrrrvvS�f�c "'S6eflC�efv�R-crrc
PUBLIC PASSENGER SERVICE: All services providing transportation for hire for
passengers in a motor vehicles, as that term is defined in the Illinois Vehicle Code,
designed to carry eight or fewer passengers. Notwithstanding anything to the contrary in
the foregoing, public passenger service shall not include services: (i) devoted exclusively
for funerals; (2) provided by a public transit authority or other public body or agency; (3)
provided by interstate carriers licensed for the transportation of passengers by the
Interstate Commerce Commission to the extent that regulation of such motor vehicles by
the village is prohibited by federal law; (4) interstate carriers operating pursuant to, and in
conformity with, a certificate of authority issued by the Illinois Commerce Commission;
and (5)taxicabs regulated pursuant to Chapter 2 of this title.
PUBLIC C -once E NIGER C ER�VICE COMPANY: €YePy -Rd•v.id .
trust, partners ip,
ass6G.atroR ffFna, GOMpany, OF GGFPGratiGR eRgaged in business as a nrenrietgr
franchisor er disnatgher of ene n p Ublig n iehigles
lIIRl IC: PASSENGER oEHICI G All meter vehicles that nino u n the
Village and used ten vide p6lblic n seniice
DI IRI IC DAQQ�I( FER VE .IICI E DRIV�'Q IlG�IQE• That license iss��ed to the drkopr
i--azcciv--r�--cvv tv ,�vrcrr v
DI IR
PASSENGER VE IcLIG ENSE DEGAI • That decal reyided by the village
played OR arnh public passeRgeF vehicles as yidenge of license issuaRGe.
TAXICAB STAND: A place which has been designated by the village as reserved exclu-
sively for the use of taxicabs.
4-10-2: PUBLIC IC PASSENGER SERVIC° LIMOUSINE COMMISSIONER:
A. The publig na66enger 68FYiGe limousine commissioner shall perform all of the
duties and functions of the p6lbliG passenger sePViG@ limousine commissioner as
provided in this chapter, including, but not limited to, the following:
1. Convening and presiding at certain hearings and meetings required by
this chapter, and
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Public Passenger Service Licensing Amendment
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2. Approving, denying, revoking and suspending licenses pursuant to the
provisions of this chapter.
B. The village manager shall be the pUbliG passe limousine
commissioner. The publi^ paSSeRgeF seFvmGe limousine commissioner may at
any time appoint a deputy commissioner, who shall have the power to perform
any of the duties of the p6lbliG passenger sew;oe limousine commissioner
hereunder.
4-10-3: PIIQ' 'r PASSENGER SERVICE LIMOUSINE COMPANY LICENSES:
A. hRt bliG passenger sew;sc Limousine company license required. No PUblis
limousine company shall pick up passengers within the
village unless the p bliE; passeRgeF ^° limousine company first obtains a
p'c'bliG PasseageF se limousine company license from the village. Such
publi^ ^ °°• ^° limousine company licenses shall be valid for a license
year, or such part thereof as remains at the time the license is granted, and shall
be effective for the license year unless sooner suspended, terminated, or
revoked.
B. Limousine company license applications.
1. Application forms. All applications for a new p l~1°^ passeRgeF seWiGG
limousine company license, or to renew a pabliE; passengeic seWiGe
limousine company license, must be made in writing, to the village on
forms provided by the village.
2. Applications for a new p6lbliG pass8l2lgW GeWiGe limousine company
license or to renew a publiG paGGeRgeF SeWiGe limousine company
license that has been expired for one year or more. Any public
passengep se limousine company applying for a publispasseageF
se
wise limousine company license for the first time, or to renew a public
passeRgepse limousine company license that has been expired for
one year or more, must submit with its application the following non-
refundable pal--passenger sewlse limousine company license
application fee:
a. $300.00 if the application is submitted prior to October 1st of the
license year; and
b. $150.00 if the application is submitted on or after October 1"but
prior to April 1 St of the license year.
3. Applications to renew a p lbliG passenger °°^°^° limousine company
license that has not yet expired or has been expired for less than one
year. A p bliG passengeF GeFViGe limousine company seeking to renew
a ^„tip,° ^^c^°^ger GeWiGe limousine company license that has not yet
expired, or has been expired for less than one year, may submit to the
Village an application for such renewal on or after February 1St but prior
to March 2"d preceding the applicable license year. Applications for
renewal will not be accepted prior to February 1St
All renewal applications submitted pursuant to this subsection must be
submitted with the following non-refundable
limousine company license renewal application fee:
Additions are bold and double-Lnderlined;a°t°*ions are stfue�`ffeiagh.
Ordinance 2016-LC-VEH-G-1072
Public Passenger Service Licensing Amendment
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a. $150.00 if the application is submitted on or after February 1st
but prior to February 16th immediately preceding the applicable
license year; or
b. $300.00 if the application is submitted on or after February 16th
but prior to March 2nd immediately preceding the applicable
license year.
Applications to renew pablispasseegef set:Vise limousine company
licenses pursuant to this subsection shall be due by March 1st
immediately preceding the applicable license year. Any pub4G
limousine company license renewal application
submitted pursuant to this subsection 3 that is received by the village
after March 1st immediately preceding the applicable license year shall
be deemed late and must be accompanied with a late fee of$300.00 in
addition to the PUbliG passeRgeF seP�iGe limousine company license
renewal application fee required by subsection 4-10-3.B.3.b of this code.
4. Application requirements. As part of an application for a new pub4G
limousine company license or to renew such license,
publ,�iG passenger sew limousine companies must include the
following as part of their application:
a. A true statement of certain facts including, but not limited to: the
state of incorporation of the p6lblin ^ ° ° ° ° limousine
company if the company is a corporate entity; whether the
company is organized and qualified to do business under the
laws of the state if it is a corporate entity; the PUblin ^°°°°^,.°r
seWive limousine's principal place of business; the full names
and addresses of the individuals who own the p bli^ ^,ns°nW
ser^vW-.mrvne limousine company; whether the publ+s--Passe
nger
seaFiss limousine company is a corporation, partnership or sole
proprietorship; and the registered agent of the corporate lG
paGGeRgerse limousine company. The full names, dates of
birth and residential addresses of persons having an ownership
interest of five percent (5%) or more in the Pub!iG passenW
6e�ise limousine company shall be disclosed on the
application;
b. A certificate of automobile liability insurance issued by a
solvent company authorized to do business in the state;ih�1e(it]
that each limousine progosed to be licensed is insured in an
amount not less than is required by the State of Illinois
covering each limousine proposed to be licensed. and
appro=ved by the p6lbl;o--passenger se 1-r.QH fij
nl+mmi6Girin°r, ERSUFiRg the ra lblin passeRger Se Wino jjMQUfijM
V8h*Gles fE)Fwhir_,h llse;ses—are—seeg„tits drivers, and
eft^�pleyees, fir ubliG liability Rd pFE)peFty damage, where
app in hula, werkerS GGFnpensat on—insu.FaRGeTheinearanG8
i.
The ili its of liability shall h° With n°nt to eanh
vehime—seveized by 66IGh PEAGY, Rot less th
Additions are bold and double-underlined;aeleti ^°° stmek thfeiigh.
Ordinance 2016-LC-VEH-G-1072
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for personal death.
i♦. The policy shall be endorsed to provide a 30 day
advance written notice of any cancellation or expiration
thereof to the village.
C. Investigation of applicants for publiG passeRger sew limousine company
licenses. The village shall investigate, to the extent it deems necessary, the
owner(s) of the applicant p �b1�liG passeRger reF:;G8 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 reveals information showing any of the following, the application
shall not be approved and no license shall be issued or renewed to the pubis
limousine company:
1. If any owner or officer, shareholder or director of the owner, has been
convicted of a felony related to the ^61hli^ passenger seWiGe limousine
business or a similar business within the past 10 years;
2. The owner or an officer, shareholder or director of the owner, has been
convicted of any business-related felony or misdemeanor within the past
five years; or
3. The owner or officer, shareholder or director of the owner, has
misrepresented or omitted material facts in the application for a license.
D. Requirements on ^WbIi^ pasOengeY Cep°^e limousine company licensees. All
^„blip passepger sepuce limousine company licensees shall comply with the
following requirements at all times during a license year:
1 o„hli^passenger 6ep.ige Limousine company licensees shall license, or
cause to be licensed, each individual pubi.iG passeRger •tee
limousine that it operates, or that is operated on its behalf, and that
picks up passengers within the village in accordance with this chapter.
21 DU bliG passepger senage Limousine company licensees must maintain
insurance policies consistent with the requirements of Section 4-10-
3.B.4.b of this code during the entire license year.
a. In the event that a final judgment or claim has been paid by any
indemnitor or insurance policy, as a result of which the amount of
insurance held by a publ;E; passeRger service limousine
company no longer satisfies the minimum amount of coverage
required to be maintained pursuant to Section 4-10-3.B.4.b of
this code, the ^6 1hli^ passeRger sePViGe limousine company's
license, and all pUbliG passengeF vehiGle limousine licenses and
p„hli^ pa6se^ger limousine drivers' licenses issued to public
paSSeRgeF.,ehiGleo limousines and drivers associated with that
limousine company, shall immediately
terminate.
b. In the event that a p blip passeRgeF ehigles limousine
company's insurance policy terminates or expires, the pub4G
passengeF•,ehigles limousine company's license, and all public
limousine licenses and p611316G paosenW
Additions are bold and double-underlined;deletions are stme.t4eugh.
Ordinance 2016-LC-VEH-G-1072
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limousine drivers' licenses issued to nWbIi^ n°°°°n„°r „°hi^l°s
limousines and drivers associated with that publiE; passea�ef
sewise limousine company, shall immediately terminate.
c. In the event that a PUbI;o--passengef sewiGe limousine
company's license, and the publiG passeRgeF vehiGle limousine
licenses and the public passeR limousine drivers' license
associated with that publiE; passenger sew limousine
company, terminate pursuant to this subsection 4-10-3.D.2, such
licenses shall be subject to reinstatement by providing the village
a new certificate of insurance that satisfies all of the
requirements of subsection 4-2-3.B.4.b of this code.
3. All licensed n,.hr^ passeRgeF s° ^° limousine companies shall provide
proof of automobile liability insurance for each hr^ n°°°°^^°r .,hide
limousine registered pursuant to this chapter. Such proof of insurance
must be carried in each individual p bl'^ °n„°r Vehicle 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.
4. PUblio--passenger sew;G Limousine companies having p4blis
pass°n,.°r „°hill°s limousines operated by independent contractors
must cause each nUbIi^ n°^^°n^°r limousine driver to provide proof of
automobile liability insurance for each pubk; passenger veh;E;le
limousine registered pursuant to this chapter or provide the required
insurance on behalf of such independent contractor.
E. Responsibility for actions of publiG pasGeRgeF VehiGI@& limousines and
limousine drivers. The limousine company licensee
shall be responsible for the acts, omissions and general conduct of persons
operating a PUbI;o-passengeF GeWiGe limousine for, on behalf of, or with the
permission of, such limousine company. The pUblie
limousine company shall, periodically during the license year,
determine if its publiE;- passenger limousine drivers continue to meet the
qualifications set forth in this chapter and shall promptly inform the village of the
names of any such limousine drivers who fail to so qualify.
F. Changes in principal place of business. If a p bli^ pass°n,.°r 6eFViGe limousine
company licensee changes its principal place of business, it shall promptly notify
the village in writing.
G. Publ;o-passenger-wise Limousine company licenses non-transferable and
non-assignable. o, bli^ passenger 6eWiGe Limousine company licenses issued
pursuant to this chapter are non-transferable and non-assignable. If ownership
of a limousine company licensee is conveyed to a new
owner, the new owner must apply for a new publiG pas6eRger 6eFViGe limousine
company license in its name in accordance with the procedures and standards
set forth in this Section 4-10-3.
H. ARY IiF,,oasi„e-GeMpany IiGs"se i6661edby the Village fer the license yeaf
hbe9,m �pFizpril 1, 2W5 and °.Troy nn Mnr^h 31 2016 that is still in °ff°Gt OR
1', nrl holders Of s Gh li ne min° n nv li^°nsos must
.,' .o r � r�mno
GGFAPIY With all r yam... .°nts that a.° wnnli.Gabl.° to n_lbl.i.^ pa6seRg
-• --. .p_...--
lis°nsed n "nt to this shapt°r.
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Ordinance 2016-LC-VEH-G-1072
Public Passenger Service Licensing Amendment
Page 7 of 13
4-10-4: PUBLIC PASSENGER VEHICLE LIMOUSINE LICENSES;VEHICLE REQUIREMENTS:
A. Publin paSSeRgeF eh!G!e Limousine license required. No ^6lh'i^ sso^^°f
vehicle limousine shall pick up passengers within the village unless the village
issues a ^ hlin paSSe gems VehiG18 limousine license to the vehicle for the license
year. Limousine licenses shall be valid for a license
year, or such part thereof as remains at the time the license is granted, and shall
be effective for the license year unless sooner suspended, terminated, or
revoked.
B. PubliG pa6reRgeF WhiGle Limousine license applications.
1. Application forms. All applications for a publi^ pasGeRg9F YehiGle
limousine license, or to renew a P61bliG passeRger vehiG19 limousine
license, must be made in writing to the village on forms as reasonably
required and approved of by the limousine
commissioner.
2. Application fees. Anybody applying for a new ^61h'i^ paSSeRgeF YehiGle
limousine license or to renew such license must submit with its
application the following non-refundable application fee:
a. $25.00 if the application is submitted preceding the applicable li-
cense year.
b. $25.00 if the application is submitted prior to October 1 s`of the li-
cense year; or
C. $15.00 if the application is submitted on or after October 1s' but
prior to April 1s of the license year.
3. Application requirements. As part of an application for a p4blis
passe^^^- VehiG!„ limousine license, applicants must include the
following information as part of its application:
a. The year, make, and color of the publiG passeRgel;pub' _ehinl_
limousine;
b. Name, address and telephone number of the P61131+s-passenger
vehicle limousine owner; and
C. Written certification that required safety inspections of the publie
paGGeRg8F YehlGle limousine have been completed not more
than 30 days prior to the date of the application and that such
inspections find the public passenger vehicle to be safe.
C. Vehicle inspection.
1. Every h' ^^_.r �°hicle limousine operated by a ptblis
^' limousine company shall pass mechanical inspection
tests as specified by the village. The inspections must take place not
more than 30 days prior to application fora PUbliG paGGeRgeF veh'G.e
limousine license or the renewal of such license. The inspections must
take place at a firm or firms designated from time to time by the village.
The expense for such inspection shall be that of the licensee. No license
shall be issued for any PUbl!G pas6engel: v6~'• limousine that fails to
meet this inspection requirement. The publiG passe
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Public Passenger Service Licensing Amendment
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limousine commissioner shall maintain a list of private firms which are
authorized to perform vehicle safety(mechanical)inspections.
2. All limousines licensed by the village are
subject to periodic inspection by the village police department, as
required by the publiG pa6GeRg8F SeWiGe limousine commissioner, and
the ^U"'i^ paS6eR^°F 6eWiGe limousine company shall promptly upon
notice from the police department make said p u"'i^ ^^cc°^ger VehiGle
limousine available for inspection.
D. Identification of ^6l"'i^ passengeF vehiG19 limousine. Every ^ u"'i^ passeRger VehiGle
limousine licensed by the village shall display the publi^ ^°cc°^g°r Veh!Gle limousine
license sticker and limousine driver's license.
1. The ^ "'i^ passeR;°r VehiGle limousine license decal shall be affixed to the rear
facing window of the vehicle.
2. A copy of the publi^ pass°^ limousine driver's license shall be displayed
inside the vehicle in a location visible to customers.
E. o "lip ^ Rger VehiGle Limousine requirements. The condition of publi^ passeRgef
�rek►isls limousines licensed by the village shall be as follows:
1. Condition. Every PUbIiG pa66eRgeF v9hiGIG limousine shall be
maintained in a safe condition at all times. If any publi^ passeR W
Veh!Gle limousine shall become unsafe for operation or if its body or
seating facilities shall become damaged or deteriorated in a manner that
renders the PUbIiG PaGGeRgeF VehiGI8 limousine unfit for public use, the
limousine commissioner may, after a hearing,
suspend the license issued to the 1 OeF 6eWiGe limousine
company operating that vehicle or suspend that publi^ ^'cc°^g°r vehiGle
limousine license, until the vehicle is made safe for use by the public or
replaced with a vehicle that complies with this chapter.
2. Doors. All doors of every^ "'i^ pa6seR^°r veld limousine shall have
functional interior door handles and latches.
3. Exterior requirements. The pu liG passenger%c1e limousine's
exterior appearance including paint, and chrome shall be in good
condition and free from excessive rust.
4. Interior requirements. The publiG pub'' ^ ss°"g°r 8hiGle limousine's interior
shall be kept clean, sanitary and the upholstery shall be in good repair.
5. Seatbelts. Each limousine shall provide seat
belts for each passenger, 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 of the
vehicle is rendered impassible as the result of an accident, safety
conditions or otherwise.
F. bIiG passeflger ve"isl° Limousine licenses non-transferable. Publ+s
passeRgeF ve h!^!_ Limousine licenses issued pursuant to this chapter are non-
transferable and non-assignable. If a pUbliG pas68RgeF GeFViGe limousine
company substitutes another publiG passenger veld limousine for any pub4G
pa6seRgerve"^' limousine licensed with the village pursuant to this section, or
adds any additional limousines to the list of licensed
PUbIiG pa6seRger Veh?^.e limousines, the limousine
Addi ions are bold and double-underlined;�-Jeieliefts aiv st ek thfei*g •
Ordinance 2016-LC-VEH-G-1072
Public Passenger Service Licensing Amendment
Page 9 of 13
company must license such substitute or additional ^6lblir passenger vehicles
limousines with the village pursuant to this section.
GGD I' rehirle lirepse is per! by the Village far the Ilrense year beg.RRORg
. nine� - s�
A 'I 1 2915 a d eR ding ep MaFGh 31 2016 that is still in eff°r# A_.M Orteher 27
2015 shall i°hirl° linens° far r emp nn g linens°
7ea�arad " ens c3Ts ka limousine `�°hirle licenses must r mply with a
r } that aFe pplirgble to pilblin r vehicles lirense.d p on}
4-10-5: LIMOUSINE DRIVER'S LICENSE:
A DUblir passe er Limousine driver's license required. In addition to other
requirements of this chapter, no ^Ublir passenear limousine driver shall pick up
or solicit passengers within the village unless the village issues a pub4e
passer}gef limousine driver's license to the driver for the license year. No public
passer}gef limousine driver's license shall be issued unless the requirements
relating to ^Ublir passepger service limousine companies set forth in section 4-
10-3 of this chapter and the requirements related to p ublir pasSepger vehicles
limousines in section 4-10-4 of this chapter have been satisfied. Public,
passer;gef Limousine driver's licenses shall be valid for a license year, or such
part thereof as remains at the time the license is granted, and shall be effective
for the license year unless sooner suspended,terminated, or revoked.
B. 1261bliG pasSeR Limousine driver's license applications.
1. Application forms. All applications for PWblis masse limousine
driver's licenses, or to renew a P',brr passe^per limousine driver's
license, must be made in writing to the village on forms as reasonably
required and approved of by the p6lbbliGpasseageF 6eF3vmE;e limousine
commissioner.
2. Application fees. Anybody applying for a new eF
limousine driver's license or to renew such license must submit with its
application the following non-refundable application fee:
a. $50.00 if the application is submitted preceding the applicable li-
cense year.
b. $50.00 if the application is submitted on or after April 1 sr but prior
to October 1st of the license year; or
C. $25.00 if the application is submitted on or after October 1st but
prior to April 1s of the license year.
3. Application requirements. As part of an application for a public
passengeF limousine driver's license, applicants must include the
following information as part of its application:
a. 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
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Ordinance 2016-LC-VEH-G-1072
Public Passenger Service Licensing Amendment
Page 10 of 13
telephone number of the driver. All such information shall be
provided under oath.
b. The applicant's driving abstract obtained from and certified by
the Illinois secretary of state's office dated not more than 30 days
prior to the submittal of the application for a license.
C. A photograph of the applicant, which photo shall clearly and
accurately show the applicant's face and shoulders.
C. Investigation of applicants for pub'i° passel; limousine driver's licenses. The
police chief or his designee shall investigate the applicant for a p blir. passeR^°r
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 p bliG passeng er s°r:«.,e limousine
commissioner shall not issue a public passenger driver's license to the applicant:
1. The applicant has been convicted of a forcible felony;
2. The applicant is registered in the Illinois Sex Offender database or
similar database in another state or country;
3. The applicant is registered in the Illinois Murderer and Violent Offender
Against Youth database or a similar database in another state or country;
4. The applicant has been convicted of a felony criminal offense within the
past 10 years;
5. The applicant has been convicted of a misdemeanor criminal offense
within the past five years;
6. 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 years;
7. 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 years; or
8. The applicant's driver's license has been suspended for moving or
nonmoving violations of a motor driven vehicle within the past five years.
D. Driver Qualifications: Each driver who drives any
limousine in the village that is required to be licensed pursuant to section 4-10-
4 of this chapter 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 21 years of age or older;
3. Be in good physical condition; and shall not have any nervous, organic,
or functional condition or disease which is likely to interfere with the safe
performance of his or her duties as a driver; and
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• Ordinance 2016-LC-VEH-G-1072
Public Passenger Service Licensing Amendment
Page 11 of 13
4. Be able to complete the ^Uhli^ pasSeR limousine driver's license
application in the presence of a village employee without the assistance
of a third party.
E D„hliG passe driver's licenses non-transferable. P blip passeRW
Limousine driver's licenses issued pursuant to this chapter are non-transferable and
non-assignable.
F.
April !, :201E and ending OR MaFGh 31, 2016 that is still OR eff@Gt OR QGtGbe
thi�_ r.hapteF.
4-10-6: CONDUCT OF PUSLIC PARSENGE LIMOUSINE DRIVERS:
A. It shall be unlawful for any public passers limousine 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 a PUbliG ^°^s°nW
limousine vehicle.
B. It shall be unlawful for any pu blip paGGeROe• limousine driver to solicit
passengers for public passenger service at a taxicab stand.
C. o hli° ^°cco..W Limousine drivers shall be obligated to render reasonable aid
to any person who suffers injury or illness while a passenger of a pub4G
geF vehiGle limousine operated by the PlJblispasser eF limousine
driver.
D. It shall be unlawful for any public paeseR limousine driver to use, possess or
be under the influence of any controlled substance, cannabis, intoxicating
compound or alcoholic liquor when operating a publiG pas6eRgei: "°'"Gle
limousine.
E. It shall be unlawful for any p6lbliG pa6seR limousine 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 limousine
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 publiG passeRge limousine driver to park or 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 public passetkgef limousine driver to violate any
provision of this chapter.
4-10-7: REGISTER OF LICENSES:
The publiG passeRgeF 68 limousine commissioner shall keep a register of the name,
address and photograph of each person owning or operating a pUbliG pas6eRg8F YehiGle
limousine licensed under this chapter, together with the license number and the
description, make and model of such PWbIiG PaS69Rg9F vehiGle limousine, with the date
and complete record of inspections made of it.
I
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Ordinance 2016-LC-VEH-G-1072
Public Passenger Service Licensing Amendment
Page 12 of 13
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 or corporate
office. The limousine 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.
4-10-9: COMPLAINTS:
A. Any person may file a written complaint with the publiG passe
limousine commissioner regarding the conduct of a public passeRW limousine
driver or publiG passeRgeF GeRMGe limousine company, or the condition of a
PUbIhG passeRgeF vehiGle limousine.
B. The PWbIiG paSSeR eF SeWiGe limousine commissioner or his designee shall
investigate all complaints against PUbIiG pasGeR limousine drivers, plblis
limousine companies, and PUbIiG—p<assenger vehicles
limousines. He shall notify the . h'i^^°cc°^y... limousine driver and the plblie
limousine company of the complaint and may conduct a
meeting on the matter. If the limousine commissioner determines that such a
meeting is necessary, the public passenger limousine driver and a
representative of the limousine company shall be
present. If the limousine commissioner determines that any provision of this
chapter has been violated, he shall take any further action consistent with the
provisions of this chapter.
4-10-10: DENIAL, REVOCATION OR SUSPENSION OF PUBLIC PASSENGER
LIMOUSINE LICENSES:
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 PUIDIRG
limousine commissioner within seven 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 limousine
commissioner shall respond to the appeal within fourteen days either affirming or
reversing the decision to deny the license; the publiG passe
limousine commissioner's response shall be final.
B. Suspension Or Revocation: Any limousine company
license, PUbIiG passeRgeF vehiGle limousine license or P61b:is--passenger
limousine driver's license shall be subject to suspension or revocation after
hearing, by the publiG pas6eRgeF seFYOGe limousine 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 plblis
limousine company license, publiG passengeF "°`"^I
limousine license or publ;o—pasee^geF limousine driver's license granted
hereunder, the holder or holders thereof shall be immediately and automatically
barred from public passenger service activity and operation within the village per
the terms of the suspension or revocation.
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b
Ordinance 2016-LC-VEH-G-1072
Public Passenger Service Licensing Amendment
Page 13 of 13
4-10-11: PENALTIES:
A. Penalties for violation of this chapter shall be a fine of not less than $100.00 nor
more than $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 imposed fine."
Section 3: Severability. If any provision of this Ordinance or part thereof is held invalid by a
court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and
effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose
and intent of this Ordinance to the greatest extent permitted by applicable law.
Section 4: Effective Date. This Ordinance shall be in full force and effect from and after its
passage, approval, and publication in the manner provided by law.
APPROVED THIS 9th day of February, 2016..
Gopal G. Lalmalani
Village President
PASSED THIS 91h day of February,2016.
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
Additions are bold and double-underlined;a°'°ij——°tfuek*� etig