BACP S MISSION: TO PROMOTE AND ENSURE A FAIR AND VIBRANT MARKETPLACE FOR BUSINESSES AND CONSUMERS.

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1 BUSINESS AFFAIRS & CONSUMER PROTECTION BACP S MISSION: TO PROMOTE AND ENSURE A FAIR AND VIBRANT MARKETPLACE FOR BUSINESSES AND CONSUMERS.

2 BUILDING BUSINESS / PROTECTING CONSUMERS SUPPORT: small business PROTECT: consumers in the marketplace REGULATE: public passenger vehicles, chauffeurs, and businesses ADMINISTER: cable and local access media

3 BACP WORKS WITH OTHER AGENCIES Member of local task forces including FTC s Chicago Fraud Task Force and Cook County State s Attorney Regional Organized Crime Task Force; Shares information and referrals with agencies including Illinois Attorney General, Illinois Department of Financial and Professional Regulation, Illinois Department of Labor, Cook County State s Attorney.

4 SMALL BUSINESS CENTER The Small Business Center is the city s one stop shop for business licensing, public way use permitting, and connecting entrepreneurs to business resources. The SBC is located in room 800 of City Hall, and is staffed with consultants who assist business owners.

5 SMALL BUSINESS CENTER BACP provides free workshops every Wednesday and Friday on various topics: Developing a business plan; What to expect when a city inspector knocks on your door; Information about new regulations. The Small Business Solution Station, located within the Business Center, provides resources for businesses at no cost and is open Tuesday Friday: Tuesday: business counseling provided by SCORE Wednesday: legal assistance provided by LAW PROJECT Thursday: financial assistance / loans provided by ACCION CHICAGO and the WOMEN S BUSINESS DEVELOPMENT CENTER Friday: tax support provided by the IRS the last Friday of the month

6 SBC / PUBLIC WAY USE PERMITS The City s streets, sidewalks, and parkways are considered to be the public way. Use of the public way requires a Public Way Use Permit. Purpose of the Permit: Reduce unnecessary congestion; Keep public ways clear for safe travel by pedestrians.

7 PUBLIC VEHICLE OPERATIONS UNIT BACP licenses all of Chicago s public passenger vehicles and drivers: Public Chauffeur Licensing: Includes taxicab drivers, limos drivers, horse drawn carriage drivers, pedicab drivers. Taxicab Medallion & Public Vehicle Licensing: Includes taxicab medallions, livery / limousines, horse drawn carriages, pedicabs, medicars, charter-sightseeing, ambulances, water taxis, transportation network providers, and valet parking companies. Public Vehicle Licensing Inspections (39 th Street): Taxicabs must pass vehicle inspection before licensing and then are inspected every 6 months. This results in 19,000 annual inspections!

8 PUBLIC VEHICLE OPERATIONS UNIT BACP is working toward a safer, cleaner, and more accessible taxi fleet. BACP manages complaints and disciplines licensees. BACP received and investigated more than 11,400 complaints against cab drivers in 2014.

9 CABLE DIVISION BACP manages the city s franchise agreements with RCN and Comcast: Assists consumers with cable complaints; Quarterly meetings with cable companies. Manages 3 cable stations: Local origination, channel nurtures local independent producers; Municipal TV, channels 23 & 49 broadcast forum to highlight city agency activities.

10 HOSPITALITY INDUSTRY BACP licenses and regulates the hospitality industry including restaurants, taverns and night clubs. Several types of liquor licenses: Tavern, Packaged Good, Consumption on Premises/Incidental Activity, Club/Not-for-Profit, Caterers, Outdoor Patio, Late Hour, and Special Event. Restrictions liquor licenses are not permitted within 100 feet of a library, church, school, hospital, or home for the aged. Dry Areas certain precincts in the city have been voted dry through a local option referendum, and no liquor license may be held within that precinct.

11 HOSPITALITY INDUSTRY Moratorium Districts any area of the city may be designated as a Liquor Moratorium by the City Council. No new liquor license may be issued in these areas. Existing liquor licenses may be transferred under certain conditions. Local Liquor Control Commissioner works closely with the Illinois Liquor Control Commission to oversee the hospitality industry in Chicago.

12 PROBLEM BUSINESSES Different types of businesses often cause problems for people visiting or living near that establishment. The sale of tobacco products at convenience stores and filling station mini-marts may bring unwanted traffic, loitering, trash, and illegal activities to a neighborhood; Nightclubs and bars may bring late-night noise, intoxicated patrons, and even criminal activity to a neighborhood.

13 PROBLEM BUSINESSES BACP partners with other city departments and outside agencies to prosecute bad actors. BACP works with aldermen, CPD and community groups to address nuisance issues arising from the operation of any business. Community meetings bring all parties together to strategize best practices to deal with the problems at a particular location whether it s noise, litter, loitering, blocking the public way, or criminal activity.

14 PROBLEM BUSINESSES Reasonable steps may include a Plan of Operation that details how the licensee must operate Success rate for the community meeting process is high. Flagged Business List updated monthly identifies problematic establishments and maintains the focus on these locations.

15 BUSINESS COMPLIANCE & ENFORCEMENT BACP employs 50 investigators who are tasked with ensuring compliance with city ordinances for the public s welfare and safety. Retail investigators visit grocery and retail stores to ensure products are fresh, customers are not overcharged, and advertisements are real. Retail investigators also respond to consumer complaints about unfair store practices. License investigators check stores for illegal products such as the possession of unstamped and single cigarettes, drug paraphernalia, and unlicensed or counterfeit products.

16 BUSINESS COMPLIANCE & ENFORCEMENT License investigators also perform on-site inspections prior to license issuance. Weights and Measures investigators check the accuracy of scales and gas pumps across the city. BACP s certified inspectors weigh trucks driving on city bridges and streets with weight restrictions to insure safety of the roadway.

17 BUSINESS COMPLIANCE & ENFORCEMENT Public vehicle inspectors evaluate each city licensed taxicab twice yearly at the department s 39 th Street inspection facility to ensure vehicles are safe for passengers. Consumer fraud investigators respond to consumer complaints regarding unfair business practices. BACP conducts special investigations to proactively protect vulnerable consumers, inspecting targeted businesses across the city.

18 INVESTIGATES CONSUMER FRAUD COMPLAINTS The department investigates hundreds of complaints filed by Chicago residents against businesses and individuals who have taken advantage of them: Home repair issues Motor vehicle repair problems Sale of used vehicles Services / merchandise not provided Immigration services Defective furniture / merchandise Private booting Warranty violations Apartment rental / foreclosure of rental property

19 BACP PROSECUTES BAD BUSINESSES Investigators and attorneys review these complaints and issue tickets when the business or owner has violated city ordinances; BACP authority is broad and the department may seek restitution for the aggrieved third party when an action is filed at the city s Department of Administrative Hearings; Restitution awards in cases filed by BACP: in 2013 = $177,743 and in 2014 = $166,812 BACP thus assists people who may have no other access to legal assistance or relief.

20 SPECIAL: IMMIGRATION SERVICE PROVIDERS In 2012, a new city license was created for providers of immigration assistance services. These businesses are now required to obtain a regulated business license. The city s ordinance mirrors state law. MCC Section defines an immigration matter as any proceeding, filing, or action that affects the non-immigrant, immigrant, or citizenship status of any person.

21 SPECIAL: IMMIGRATION SERVICE PROVIDERS City regulations are similar to the state statute. City licensees may only offer specific and are required to give customers a detailed written contract prior to any assistance. Contracts must be in English and in the customer s language. Upon demand, the licensee must return the customer s documents. The provider must post signs at the business location, one of which must state I am not an attorney.

22 SPECIAL: IMMIGRATION SERVICE PROVIDERS The words notary and notario have a legal connotation for Spanish-speaking consumers that may create confusion. The ordinance addresses this. Any person aggrieved by a violation of the ordinance may bring an action against the immigration assistance provider for injunctive or other relief. In 2013 and 2014, BACP sent investigators undercover to dozens of businesses that provide immigration services to check for compliance with the ordinance.

23 SPECIAL: IMMIGATION SERVICE PROVIDERS 2013 INVESTIGATION RESULTS: 75 locations visited 59 businesses required a license 7 businesses in compliance / 4 no entry 48 businesses NOT licensed 85 citations were issued 119 distinct violations 12% in compliance 81% NOT in compliance

24 SPECIAL: IMMIGRATION SERVICE PROVIDERS 2014 INVESTIGATION RESULTS: 66 locations visited 30 NOT In Compliance 1 In Compliance / 8 no entry / 9 out of business 17 No Immigration Activity 1 Not For Profit 52 citations issued 3% In Compliance 97% Not In Compliance 2 falsely advertised they provide legal services

25 SPECIAL: TAX PREPARERS BACP licenses businesses, other than accountants, that offer tax preparation services. Businesses must obtain a license & provide disclosures to customers, prior to charging fees or giving any advice. In response to consumer complaints about tax preparation services in low-income communities, undercover investigations have been conducted yearly since This year s investigation has found even more businesses in violation.

26 SPECIAL: KEEP CHICAGO RENTING ORDINANCE New ordinance effective September, 2013 is intended to protect tenants who live in foreclosed rental properties; Requires new owner of foreclosed rental property to register with the Department of Buildings; Requires notice to tenants informing them they may be eligible for relocation assistance of $10,600 if new owner does not offer the option to renew / extend current rental agreement with annual rent that does not exceed 102% of current annual rent. More than 2200 buildings have registered and 145 tenants have filed complaints. BACP has issued tickets for non-compliance to 21 owners.

27 PROSECUTION & ADJUDICATION BACP attorneys and law clerks prosecute ANOVs, Administrative Notices of Violation, at the Department of Administrative Hearings at 400 W. Superior. BACP staffs 2 courtrooms every day. ANOVs are issued by police & BACP investigators and longform complaints are generated by staff attorneys. Title IX licenses including taxi medallions and chauffeur licenses may be suspended or revoked at DOAH.

28 PROSECUTION & ADJUDICATION Title IV licenses are those issued to businesses other than public passenger vehicles and chauffeurs and may only be suspended or revoked by the Mayor s License Discipline Commission, which conducts business in a courtroom located in City Hall, room 805. The Law Department prosecutes license discipline cases. These cases may result in fines, temporary closures, license revocation, or license rescission. Licensees may appeal an adverse decision to the Liquor License Appeal Commission or to circuit court.

29 EDUCATING THE PUBLIC BACP produces educational videos which are shown on municipal t.v.; currently a piece on rogue towing discusses bad tow companies that appear after car accidents, tow disabled vehicles, and hold them hostage for exorbitant and phony fees. BACP publishes a monthly newsletter ed to a wide audience and posted on its website; Department attorneys and other staff speak at events across the city regarding available services; BACP holds several small business forums every year in different parts of the city to assist businesses and consumers.