Chicago Police DepartmentSpecial Order S04-26-16
Public Safety Threat - Summary Closure Ordinance
Issue Date:17 June 2015Effective Date:17 June 2015
Rescinds:
Index Category:Preliminary Investigations
I.PURPOSE
Effective 19 June 2015, MCC 4-4-285 Public Safety Threat - Summary Closure allows the Superintendent (or his designee), under specific circumstances, to order the summary closure of a licensed (or required to be licensed) business establishment. This directive:
  • A.provides relevant text from the Public Safety Threat - Summary Closure Ordinance;
  • B.delineates the specific circumstances under which a summary closure may be ordered;
  • C.provides examples of the type of information and documentation which may be used to support a summary closure;
  • D.lists member responsibilities in implementing a summary closure;
  • E.introduces the Notice of Summary Closure (CPD-11.567) to be used at the time of summary closure to:
    • 1.serve the person apparently in control of the establishment at the time of the summary closure; and,
    • 2.send by first class mail to the licensee/owner of the establishment.
  • F.introduces the Notice of Summary Closure sticker (CPD-11.567-s), to be posted on the establishment at the time of the summary closure;
  • G.introduces IUCR 5012 to be used in preparing a General Offense: Non-Criminal Public Safety Threat - Summary Closure case report;
  • H.provides guidelines for preparing a summary closure case report;
  • I.introduces IUCR 5013 to be used in preparing a General Offense: Other Offense - Violation of Summary Closure case report.
II.RELEVANT TEXT FROM MCC 4-4-285 SUMMARY CLOSURE - PUBLIC SAFETY THREAT ORDINANCE
The Public Safety Threat - Summary Closure Ordinance provides the following definitions:
  • A."Appropriate means to effect the summary closure" means a police order, sign, lock or other barrier or device intended to seal, secure, close or otherwise render an establishment or any part thereof inaccessible to persons.
  • B."Establishment" means any business licensed or required to be licensed by law along with its adjacent property including:
    • 1.any public way located next to an establishment, if such public way is used by the licensee/owner, patrons or employees of the establishment;
    • 2.any private property that is located next to an establishment , if such private property is owned, leased, rented or used by the licensee/owner (such as a parking lot); or
    • 3.any private property separated from an establishment by a public way and located next to such public way, if such private property is owned, leased, rented or used by the licensee/owner.
  • C."Establishment's operating hours" means any time while the establishment is open for business or within one hour or less of the time the establishment is opened or closed for business.
  • D."Licensee/owner" means the licensee of an establishment licensed under Title 4 of the Municipal Code of Chicago. If an establishment is not licensed, "licensee/owner" means the owner of record of the building or premises in or on which the establishment is operating.
  • E."Public safety threat" means the occurrence of all of the following:
    • 1.a "violent offense" occurs at an establishment during the establishment's operating hours;
    • 2.the "violent offense" involves acts of the licensee/owner, or its employees, agents or patrons, or otherwise involves circumstances having a connection to the operation of the establishment, and;
    • 3.the Superintendent reasonably determines, based on data or information in the superintendent's possession, that continued operation of the establishment presents a public safety threat.
  • F."Superintendent" means the superintendent of police or the superintendent's designee.
  • G."Summary closure" means the immediate cessation of all business activities at an establishment and closure of the establishment.
  • H."Violent offense" means the illegal discharge of a firearm; the killing of a human being by another; aggravated assault or aggravated battery; criminal sexual assault; or any other conduct that causes a person to suffer unconsciousness, severe bruising, severe bleeding, disability or disfigurement.
  • I.Summary closure order - Lifting of summary closure order - When authorized. If the Superintendent determines that an establishment presents a public safety threat, the Superintendent may abate the threat by ordering the summary closure of the establishment. Except as otherwise provided, such order shall remain in effect for an aggregate period of six months as measured from the date on which the public safety threat occurred. Provided, however, that any summary closure order issued by the Superintendent shall be lifted by the mayor, and the establishment shall be allowed to reopen, if (1) it is determined at a probable cause hearing or nuisance abatement hearing that a public safety threat did not occur, or (2) it is determined at a nuisance abatement hearing that continued operation of the establishment no longer presents a danger to the public, as may be evidenced by the submission and implementation of an acceptable nuisance abatement plan. Provided further that no summary closure order shall be lifted by the mayor if the establishment is not properly licensed as required by law.
  • J.Notice of summary closure - Required. Upon ordering the summary closure of an establishment, the Superintendent shall cause a dated notice to be posted in a prominent place on the establishment informing the licensee/owner of the following facts:
    • 1.the Superintendent has issued an order requiring the immediate cessation of all business activities at, and the closure of, the establishment;
    • 2.the reason(s) for the summary closure;
    • 3.the licensee/owner's right to request in writing, within three business days after notice is posted, a probable cause hearing before the Mayor to determine whether a public safety threat occurred;
      NOTE:
      If requested in writing, a probable cause hearing shall be commenced within three business days of receipt of such request. A decision will be announced within two days of completion of such a hearing.
    • 4.the licensee/owner's right, at any time during the period of closure, to seek to resume business activities at the establishment, by requesting, in writing, a nuisance abatement hearing.
      NOTE:
      If requested in writing, a nuisance abatement hearing shall be commenced within five business days of receipt of such request. A decision will be announced within three days of completion of such a hearing.
    • 5.the address to which a written request for each hearing should be directed;
    • 6.the consequences of not requesting a hearing (summary closure continues for a 6-month period); and
      EXCEPTION:
      No summary closure order shall be lifted by the Mayor if the establishment is not properly licensed as required by law.
    • 7.the owner's potential liability for three times the cost or expense incurred by the City in abating a public safety threat.
  • K.Manner of Enforcement. The summary closure shall not be executed in a manner that prevents legally required ingress or egress from the residential occupancy portion of a building. Access to the closed establishment by the licensee/owner and other persons able to prove an interest in the establishment may be permitted for the purposes such as the maintenance of the establishment or the removing items from the closed establishment. No means used to close an establishment shall be removed by the Superintendent unless the Mayor or a designated court orders the lifting of the closure order.
  • L.Prohibition on conducting business. It shall be unlawful for any person to conduct business activity at, or to knowingly frequent, any establishment that has been summarily closed. Any person who violates this subsection shall be fined not less than $1,000 nor more than $10,000 for each offense, or incarcerated for a term of not less than 3 days nor more than 6 months, or both. Each day that a violation continues shall constitute a separate and distinct offense.
    NOTE:
    IUCR code 5013 will be used in preparing a General Offense: Other Offense - Violation of Summary Closure case report.
  • M.Prohibition on tampering with means of closure. It shall be unlawful for any person to damage, tamper with, destroy or remove, or to cause to be damaged, tampered with, destroyed or removed, any means of closure used to summarily close an establishment or any notice of summary closure affixed to such establishment. Any person who violates this subsection shall be fined not less than $1,000 nor more than $10,000 for each offense, or incarcerated for a term of not less than 3 days nor more than 6 months, or both. Each day that a violation continues shall constitute a separate and distinct offense.
    NOTE:
    IUCR code 5013 will be used in preparing a General Offense: Other Offense - Violation of Summary Closure case report.
  • N.Failure to comply with approved nuisance abatement plan. It shall be unlawful for any person to fail to comply with any nuisance abatement plan. In addition to any other penalty provided by law, which may include license suspension or revocation, any person who violates this subsection shall be fined not less than $1,000 nor more than $10,000 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
III.Elements required for a Summary Closure order
The Public Safety Threat - Summary Closure ordinance gives the Superintendent the authority to act quickly to close a business establishment whose continued operation is determined to be a public safety threat. However a summary closure may be ordered only when ALL of the below elements are present:
  • A.A violent offense occurs at the establishment:
    • 1."Violent offense" means the illegal discharge of a firearm; the murder of a person by another; aggravated assault or aggravated battery; criminal sexual assault; or any other conduct that causes a person to suffer unconsciousness, severe bruising, severe bleeding, disability or disfigurement.
    • 2.The violent offense takes place:
      • a.inside the establishment; or
      • b.on any public way located next to an establishment, if such public way is used by the licensee/owner, patrons or employees of the establishment; or
      • c.on any private property that is located next to an establishment, if such private property is owned, leased, rented or used by the licensee/owner (such as a parking lot); or
      • d.on any private property separated from an establishment by a public way and located next to such public way, if such private property is owned, leased, rented or used by the licensee/owner.
  • B.The violent offense takes place when:
    • 1.the establishment is open for business; or
    • 2.one hour or less before opening; or
    • 3.one hour or less after closing.
  • C.A person involved in the violent offense has a connection to the establishment;
    :
    The violent offense involves acts of the licensee/owner, or its employees, agents, or patrons or otherwise involves circumstances having a connection to the operation of the establishment.
  • D.Information is available to support a reasonable determination that continued operation of the establishment presents a public safety threat - including, but not limited to calls for service, case reports, gang intelligence reports, etc.
IV.MEMBER RESPONSIBITES
  • A.District Commanders
    The district commander, acting under the authority of the Superintendent will, in consultation with the Bureau of Detectives and the Vice and Asset Forfeiture Division, make the determination to order the summary closure of a business establishment whose continued operation presents a public safety threat. If, after consultation, a summary closure is ordered, the district commander will:
    • 1.serve the Notice of Summary Closure (CPD-11.567) to the person apparently in control of the establishment if such person is available;
    • 2.send the Notice of Summary Closure by certified mail to the licensee or, if the business is not licensed, to the listed owner of the building that houses the business;
      NOTE:
      Send the certified mail receipt to the Vice and Asset Forfeiture Division through Department mail.
    • 3.post the Notice of Summary Closure sticker (CPD-11.567-s) in a prominent place, such as the establishment front door;
    • 4.ensure a Summary Closure - Public Safety Threat case report is completed and contains the following elements:
      NOTE:
      Closing an establishment under this ordinance is a separate and distinct enforcement action and requires the completion of its own case report. Members will not document this action on a supplementary report.
      • a.brief summary of the violent incident, including Records Division number, location, time, persons involved and their connection to the establishment;
      • b.business licensing information. If the business was not licensed, the type of business engaged in which required licensing;
      • c.the name and job title of the person on the scene who was served the Notice of Summary Closure;
      • d.brief summary of the information and/or data (such as 911 calls for service, case reports from that location, gang intelligence in area) that led to the reasonable determination that continued operation of the establishment presents a public safety threat;
      • e.notifications made.
    • 5.ensure the following notifications:
      • a.Crime Prevention and Information Center (CPIC) by phone.
      • b.notify by phone and email a copy of the summary closure case report to:
        • (1)Vice and Asset Forfeiture Division at 192notification@chicagopolice.org.
        • (2)Department of Business Affairs and Consumer Protection (BACP) at BACPSummaryClosure@cityofchicago.org; Phone: 312-744-5287.
      • c.email a copy of the summary closure case report to the Building & License Enforcement Division City of Chicago, Department of Law at Law-BLE-Notice@cityofchicago.org.
    • 6.The district commander will coordinate with the Vice and Asset Forfeiture Division and with the BACP in preparing for any hearing associated with the summary closure of an establishment.
  • B.Vice and Asset Forfeiture Division
    • 1.When a district commander has summarily closed an establishment the Commander of the Vice and Asset Forfeiture Division, in coordination with that district commander will:
      • a.conduct a follow-up investigation in cooperation with the district commander and BACP; and
      • b.prepare and send a packet with information and documentation supporting the summary closure to BACP.
    • 2.The Vice and Asset Forfeiture Division may conduct independent licensing investigations within their purview and will work with district commanders when, in their estimation, a licensed establishment should be considered under the Public Safety Threat - Summary Closure ordinance.
  • C.Department Members - Enforcement of Violation of Summary Closure
    If business is being conducted in an establishment that has been issued a summary closure order, Department members will:
    • 1.cite both the patrons and the business personnel with an Administrative Notice of Ordinance Violation [MCC 4-4-285 (m)] when those patrons or personnel had prior knowledge or should have had prior knowledge that patronizing or conducting business in the closed establishment violates the closure order;
      NOTE:
      When appropriate, members may effect a physical arrest for a violation of the summary closure order.
    • 2.document the violation on a General Offense - Other Offense; Violation of Summary Closure - Public Safety Threat (IUCR 5013) case report. The case report will include the following:
      • a.an explanation of the business activities found taking place at the closed establishment;
      • b.the fact that the Notice of Summary Closure sticker was posted at the establishment (or that it had been removed);
      • c.required notifications (consistent with item IV-A-5).
Authenticated by: KC
Garry F. McCarthy
Superintendent of Police
15-092 SB