Chicago Police DepartmentSpecial Order S04-26-08
Notice of Violation of Business Solicitation on the Public Way
Issue Date:29 October 2001Effective Date:30 October 2001
Rescinds:S01-08
Index Category:Preliminary Investigations
I.Purpose
This directive:
  • A.establishes procedures for the issuance of the Notice of Violation of Business Solicitation on the Public Way form.
  • B.defines certain terms as they pertain to Municipal Code of Chicago (MCC) 10-8-510.
II.Pertinent Ordinance
Municipal Code of Chicago (MCC) 10-8-510
III.General Information
The following information is provided to clarify the intended application of the new ordinance and establish a uniform method of enforcement.
  • A.This ordinance is intended to address the use of aggressive marketing tactics employed on the public way by a licensed business, by deterring those business owners who use intimidation to encourage patronage.
  • B.Enforcement actions against a business, its employees, or agents is not limited to application of this ordinance. If it is discovered that the business or its representative is otherwise engaged in other unlawful conduct, the appropriate enforcement action will be taken and the appropriate charges placed pursuant to existing directives.
  • C.The ordinance does not apply to violations involving aggressive marketing tactics on the public way by:
    • 1.unlicensed street vendors.
    • 2.properly licensed street vendors or peddlers who are following the guidelines of their license(s).
IV.Procedures
  • A.A Department member observing an initial violation of MCC 10-8-510 will:
    • 1.identify the person who is soliciting business on the public way.
    • 2.request a supervisor to conduct a license investigation.
    • 3.complete a Miscellaneous Incident Exception Report (CPD-11.419) in duplicate to include:
      • a.the phrase "LICENSE VIOLATION" in the "Nature of Incident" field of the report.
      • b.the name of the person who is soliciting business on the public way.
      • c.the name, address, telephone number of the business, and the name of the business owner, if possible.
      • d.all license information.
      • e.the name, beat, and star number of the supervisor on the scene.
      • f.a description and location of the action that constitutes the violation.
        NOTE:
        If during the licensed-premise investigation, a license violation is discovered requiring a case report, the above information will be documented in the narrative of the appropriate case report in accordance with the Incident Reporting Guide (CPD-63.451). A Miscellaneous Incident Exception Report will not be completed.
    • 4.forward a photocopy of the Miscellaneous Incident Exception Report or case report to the district commander and the appropriate beat team leader.
  • B.The district commander, on behalf of the Superintendent of Police, will:
    • 1.complete a Notice of Violation of Business Solicitation on the Public Way form.
    • 2.assign a sergeant to hand-deliver the Notice of Violation of Business Solicitation on the Public Way form to a representative of the business named in the notice.
    • 3.create and maintain a "Business Solicitation File" containing:
      • a.a copy of the Miscellaneous Incident Exception Report or case report, if completed;
      • b.a copy of the Notice of Violation of Business Solicitation on the Public Way form;
      • c.a copy of any Administrative Notice of Violation (ANOV), if issued.
    • 4.ensure that a copy of the Notice of Violation of Business Solicitation on the Public Way form is placed in the Commanding Officers Book (CO Book).
    • 5.ensure that all subsequent violations are cited on an ANOV.
    • 6.ensure the following dissemination of copies of the Miscellaneous Incident Exception Report:
      • a.the original card to the district retention file.
      • b.the duplicate card to the License and Analysis Unit.
      • c.a photocopy to be maintained in the district commanders business solicitation file.
  • C.The assigned sergeant will:
    • 1.hand-deliver the Notice of Violation of Business Solicitation on the Public Way form to a representative of the business.
    • 2.indicate on the Notice of Violation of Business Solicitation on the Public Way form the date, time, name, and telephone number of the person to whom the Notice of Violation of Business Solicitation on the Public Way form was delivered / served.
    • 3.return the carbon copy of the Notice of Violation of Business Solicitation on the Public Way form to the district commander.
  • D.Subsequent violations will result in the business being served an ANOV.
    • 1.The ANOV will be completed in accordance with the Department directive entitled "Municipal Administrative Hearings."
    • 2.The member issuing the ANOV will forward a copy to:
      • a.the License and Analysis Unit.
      • b.the district commander.
  • E.The beat team leader will:
    • 1.ensure the copy of the Miscellaneous Incident Exception Report or case report is placed in the beat file for future references.
    • 2.ensure beat team members are aware of the name and address of businesses that have violated MCC 10-8-510 for future enforcement.
      NOTE:
      If necessary, officers will consult the beat file to determine if an offense is the first or a repeat violation.
V.Retention
The retention period for the district commanders file will be one year from the date of the last violation.
Terry G. Hillard
Superintendent of Police
01-057 CLD(PMD)