The City of Chicago Department of Business Affairs and Consumer Protection (BACP) both inspects businesses independently and investigates consumer complaints regarding businesses. Businesses primarily run afoul of the BACP by failing to obtain a business license or for neglecting to properly display it.  In addition, the BACP issues tickets for deceptive business practices, and overweight vehicles.

The BACP initiates cases by issuing an Administrative Notice of Ordinance Violation (ANOV) for violating one or more of the BACP ordinances under the Chicago Municipal Code.  These cases are heard by the City of Chicago Environmental Safety & Consumer Affairs Hearings Division at 400 West Superior Street, Chicago, Illinois.

At a business code violation hearing, an attorney for the City reads the ANOV in court.  Based on the ANOV alone, the Administrative Law Judge (ALJ) determines whether or not the City has met its burden of establishing a prima facie case.  The City will fail to meet its burden if the ANOV was completed incorrectly by the BACP inspector, or if the facts alleged in the ANOV, even if true, would be insufficient to support the ticket recipient’s liability.  If the City meets its burden, the ticket recipient is given an opportunity to explain and defend his or her case.  At that point, the ALJ determines whether the ticket recipient is liable and the ensuing consequences.

Approaching a Business Code violation hearing with an attorney at your side offers many advantages.  An attorney can help you prepare your evidence before the trial and determine which facts will be most helpful in presenting your case.  An attorney familiar with administrative hearings will ensure your case is presented in the most favorable light.  Also, a knowledgeable attorney can both pinpoint possible flaws in the City’s presentation of its prima facie case, and identify facial insufficiencies in the ANOV which a harried ALJ might otherwise miss.  In addition, an attorney can help you avoid common pitfalls inherent in a detail-driven legal system. Thus, an attorney’s representation can be of great service in defense of your case.

If you have a Chicago Municipal Code violation, and want to discuss your options and defenses, contact now Aaron Fox Law for professional, high-caliber, legal expertise by email at afox@aaronfoxlaw.comby phone at (312) 224-0028, or by filling out and submitting the interactive form below.  With our representation and finessed handling of your case, you do not even need to come to court.  We look forward to representing you.

Most Common Violations

No Business License (MCC 4-4-020(a) )

The fine range on this ordinance violation ticket is anywhere between $200 and $1000 per day the violation continues. This comes with court costs anywhere between $40 and $60, depending on several determining factors.

You should note, that just because you paid the licensing fee to the City of Chicago, does not necessarily mean that you have a valid business license.  If the City of Chicago did not send you a business license, this means that for some particular reason the City of Chicago has not issued you a business license.  You probably should go to City Hall, clear up any particular hold on your business account and obtain the license from City Hall.  Then you should deal with the Ordinance ticket at 400 W. Superior.

You should consult with an attorney on these matters.

Failure to Display Business License Insignia (MCC 4-4-210)

The fine range on this ordinance violation ticket is anywhere between $200 and $1000 per day the violation continues. This comes with court costs anywhere between $40 and $60, depending on several determining factors.

You should note, that just because you paid the licensing fee to the City of Chicago, does not necessarily mean that you have a valid business license.  If the City of Chicago did not send you a business license, this means that for some particular reason the City of Chicago has not issued you a business license.  Thus, because you did not have a proper business license, you obviously could not display the license.  You probably should go to City Hall, clear up any particular hold on your business account and obtain the license from City Hall.  Then you should deal with the Ordinance ticket at 400 W. Superior.

You should consult with an attorney on these matters.

Deceptive Practices (MCC 4-276-470)

The fine range on this ordinance violation ticket is anywhere between $50 and $2000 per day the violation continues. This comes with court costs anywhere between $40 and $60, depending on several determining factors.

You should note, that some of the deceptive practices, the City of Chicago takes very seriously. Having on the counter for sale expired infant formula and expired medicine, the City of Chicago will be asking for a higher fine. Additionally, if this is a repeat offense, the City of Chicago will take that into consideration in asking for a higher fine.

You should consult with an attorney on these matters.

Overweight Vehicle (MCC 9-72-080(a) )

The fine on this ordinance violation ticket depends on the amount the vehicle was overweight.  It can exceed $4000. This comes with court costs anywhere between $40 and $60, depending on several determining factors.

You should note, that this ticket usually comes with another violation - MCC 2-25-080 - interfering with official duties.  This additional violation has a fine range of $2000 to $10,000.

You should consult with an attorney on these matters.

 

Interfering with Official Duties (MCC 2-25-080 )

The fine range on this ordinance violation ticket is anywhere between $2000 to $10,000. This comes with court costs anywhere between $40 and $60, depending on several determining factors.

You should note, that this ticket usually comes with another violation - MCC 9-72-080(a) - exceeding the weight limit.  This additional violation has a fine range that depends on the amount the vehicle was overweight.  It can exceed $4000.

You should consult with an attorney on these matters.

The Attorney You Want for Chicago Ordinance Violations.

Contact Aaron Fox Law