G78-02 •
CITY OF ELGIN
ORDINANCE NO. G78-02
AN ORDINANCE
AMENDING THE ELGIN MUNICIPAL CODE, 1976,
BY ADDING CHAPTER 6.18
ENTITLED "DAY AND TEMPORARY LABOR AGENCIES"
PASSED BY THE
CITY COUNCIL OF THE
CITY OF ELGIN
ON THIS 6TH DAY OF NOVEMBER 2002
Published in pamphlet form by authority of the
City Council of the City of Elgin, Kane and
Cook Counties, Illinois, on this
8th day of November 2002.
•
STATE OF ILLINOIS )
) ss.
COUNTY OF KANE )
CERTIFICATE
I, Dolonna Mecum, certify that I am the duly appointed and acting
municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois.
I further certify that on November 6, 2002, the Corporate Authorities of
such municipality passed and approved Ordinance No. G78-02 entitled " An Ordinance
Amending the Elgin Municipal Code, 1976, as amended, by adding to Chapter 6.18
entitled Day and Temporary Labor Agencies", which provided by its terms that it should
be published in pamphlet form.
The pamphlet form of Ordinance No. G78-02, including the Ordinance and
a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the
municipal building commencing on November 8, 2002, and continuing for at least ten
. days thereafter. Copies of such Ordinance were also available for public inspection
upon request in the office of the municipal clerk.
DATED at Elgin, Illinois, on November 8, 2002
Municipal Clerk
(SEAL)
{
Ordinance No. G78-02
feb.. Revised
AN ORDINANCE
AMENDING THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
BY ADDING CHAPTER 6 . 18 ENTITLED "DAY AND TEMPORARY LABOR AGENCIES"
WHEREAS, the City Council of the City of Elgin has determined
that in order to protect the public health, safety and welfare that
it is necessary and desirable to license and regulate day and
temporary labor agencies; and
WHEREAS, the City of Elgin is a home rule unit authorized to
exercise any power and perform any function relating to its
government and affairs; and
WHEREAS, the licensing and regulation of day and temporary
labor agencies pertains to the government and affairs of the City
of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS :
Section 1 . That Title 6 entitled "Business Licenses and
Regulations" of the Elgin Municipal Code, 1976, as amended, be and
eft. is hereby further amended by adding Chapter 6 . 18 entitled "Day and
Temporary Labor Agencies" to read as follows :
"Chapter 6 . 18
DAY AND TEMPORARY LABOR AGENCIES
6 . 18 . 010 DEFINITIONS :
Whenever used in this chapter the following terms
shall have the following meanings :
"City" means the City of Elgin.
"Day and Temporary Labor" means labor or employment
that is occasional or irregular at which a person is
employed for not longer than the time required to
complete the assignment for which the person was hired
and where wage payments are made directly or indirectly
by the day and temporary labor agency or the third party
employer for work undertaken by one or more day or
temporary laborers . For purposes of this chapter, "day
and temporary labor" does not include secretarial ,
clerical or professional services.
tow
"Day and Temporary Labor Agency" means any person or
entity engaged in the business of employing day or
temporary laborers to provide services to or for any
third party employer pursuant to an oral or written
contract with the day and temporary labor service and a
third party employer. The term does not include any not-
for-profit organization.
"Day or Temporary Laborer" means a person who
contracts either orally or in writing for employment with
a day and temporary labor service agency.
"Third Party Employer" means any person that
contracts either orally or in writing with a day and
temporary labor service agency for the employment of day
or temporary laborers .
6 . 18 . 020 LICENSE REQUIRED:
No person shall engage in the business of a day and
temporary labor agency without first having obtained a
license pursuant to this chapter issued by the city' s
fiscal services manager.
6 . 18 . 030 LICENSE APPLICATION - CONTENTS :
An application for a license under this chapter
shall be made in writing to the city' s fiscal services
manager, in accordance with such requirements as may be
required by the city' s fiscal services manager. The
application shall contain:
A. The full name of the applicant ;
B. The business address and telephone number of
the applicant;
C. The full name, residence address and telephone
number of each beneficial owner of more than 25% of in
the business;
D. The full name, residence address and telephone
of every officer, director, partner and manager of the
applicant;
E. A description of the applicant' s day and
temporary labor agency business in any other
jurisdiction, including name, address, location and
disciplinary history;
emk
F. The applicant' s license under the Illinois Day
r•► and Temporary Labor Services Act;
G. The license fee specified in Section 6 . 18 . 040
of this chapter;
H. Such other information as the city' s fiscal
services manager may require concerning the operation of
the applicant ' s business .
6 . 18 . 040 APPLICATION FEE:
At the time the application for a license is filed
with the fiscal services manager the applicant shall pay
a fee to the city in the amount of $220 . 00 .
6 . 18 . 050 ELIGIBILITY FOR LICENSE :
No applicant shall be eligible for a license under
this chapter if the applicant or any of its officers,
directors, partners, manager or owners :
A. has been adjudicated guilty or, has admitted
guilt of, or has been under any portion of a sentence
for, any crime involving moral turpitude or dishonesty
eft. within the past five years prior to filing the
application; or
B. has been involved, as owner, officer, director,
partner or manager of any day and temporary labor agency
whose license has been revoked, suspended or application
denied within the past ten years prior to filing the
application; or
C. is under the age if 18 .
For purposes of this section, an adjudication or
admission of guilt may be in either civil or criminal
proceedings, and in any jurisdiction. For purposes of
Subsection • B of this section, "license" means any
license, permit, certificate or other form of
authorization given by any unit, officer or agency of any
government for the operation of a day and temporary labor
agency in any jurisdiction.
6 . 18 . 060 APPLICATION REVIEW AND LICENSE ISSUANCE:
A. Upon receipt of an application, the fiscal
services manager, or his authorized representative, shall
eft. review the application as deemed necessary to insure that
it has been properly and completely submitted and as
otherwise necessary to insure the protection of the
public health, safety and general welfare . An inspection
of the premises of a day and temporary labor agency shall
be conducted as part of the application review process .
Any inspections of a premises of a day and temporary
labor agency, either as part of the application process,
or to otherwise determine compliance with the provisions
of this chapter or other requirements of law shall be
conducted by the city' s department of code administration
and development services .
B. If the fiscal services manager, or his
authorized representative, finds the application to be
satisfactory, the fiscal services manager, or his
authorized representative, shall endorse his approval on
the application and shall , upon payment of the prescribed
fee, deliver the required license to the applicant .
C. The license shall show the name and address of
the licensee, the date of issuance and the length of time
the license shall be in effect . A record of all licenses
issued pursuant to this chapter shall be maintained by
the city' s finance department .
6 . 18 . 070 DENIAL OF LICENSE:
A. Upon the fiscal services manager review of the
application, the fiscal services manager may refuse to
issue a license to the applicant under this chapter for
any of the following reasons :
1 . An investigation reveals the applicant
falsified information on the application;
2 . The applicant is ineligible for a license
pursuant to Section 6 . 18 . 050 ;
3 . The applicant does not meet the
requirements of other city ordinances or other
applicable requirements of law; or
4 . The applicant has been denied a license
under this chapter within the immediate past year,
unless the applicant can and does show to the
satisfaction of the fiscal services manager the
reasons for such earlier denial no longer exists .
B. The fiscal services manager' s disapproval and
the reasons for disapproval shall be noted on the
application, and the applicant shall be notified that his
eft application is disapproved and that no permit will be
issued. Notice shall be mailed to the applicant at the
address shown on the application form, or the applicant' s
last known address .
6 . 18 . 080 ANNUAL LICENSE; TERMINATION DATE:
Licenses issued pursuant to this chapter shall be an
annual license and shall expire on December 31 , next day
after the date of issue .
6 . 18 . 090 OPERATING STANDARDS :
A. In the event there is an area at a day and
temporary labor agency where day or temporary laborers
wait referral or transportation to a third party
employer, a day and temporary labor agency must provide
toilet facilities within its place of business to
accommodate the needs of day or temporary laborers using
the agency. The day and temporary labor agency may not
charge a day or temporary laborer for the use of toilet
facilities .
B. In the event there is an area at a day and
temporary labor agency where day or temporary laborers
wait referral or transportation to a third party
employer, the temperature in the area of the day and
temporary labor agency where day or temporary laborers
await referral or transportation to a third party
employer shall not differ from the temperature of the
area reserved for the agency' s manager or other non-day
or temporary labor employees, by more than three degrees
Fahrenheit .
C. In the event there is an area at a day and
temporary labor agency where day or temporary laborers
wait referral or transportation to a third party
employer, the day and temporary labor agency must obtain
an occupancy card indicating the permitted capacity of
the area of the day and temporary labor agency where day
or temporary laborers await referral or transportation to
a third party employer. Benches, chairs or a combination
of benches and chairs shall be provided for the number of
persons indicated on the occupancy card.
D. A day and temporary labor agency shall pay a
day or temporary laborer for each hour the laborer works,
or for each hour for which the agency receives
tow compensation from a third party employer in relation to
that day or temporary laborer, whichever number of hours
is greater.
E. No day and temporary labor agency may require,
as a condition of placing a day or temporary laborer with
a third party employer, that the day or temporary laborer
purchase or rent from the agency or from the third party
employer any item of clothing or equipment, if the
employee has in his possession substantially equivalent
clothing or equipment .
F. At the time a day or temporary laborer applies
for placement with a third party employer, a day and
temporary labor agency must disclose the cost of each
item of clothing or equipment required to be used by a
day or temporary laborer in connection with that
placement . The day and temporary labor agency may not
charge a day or temporary laborer for any item of
equipment or clothing that he or she returned to the
agency in a timely manner and in good condition.
G. A day and temporary labor agency is responsible
for the conduct and performance of any person who
transports a day or temporary laborer from the agency to
a work site, unless the transporter is (1) Pace or
eft. another component of the Regional Transportation
Authority; or (2) the day or temporary laborer providing
his or her own transportation; or (3) is paid for by the
day or temporary laborer for transportation in a vehicle
not owned or operated by the day and temporary labor
agency. Any day and temporary labor agency that provides
transportation in vehicles owned or operated by the day
and temporary labor agency is responsible for the safety
of the day or temporary laborers during the period of
transportation, must limit the occupancy of these
vehicles to their allowable legal seating and comply with
the State of Illinois and City of Elgin motor vehicle
statutes and ordinances .
H. A day and temporary labor agency or a third
party employer shall charge no more than the actual cost
to transport a day or temporary laborer to or from the
designated work site; however, the total cost to each day
or temporary laborer shall not exceed three percent (3%)
of the day or temporary laborer' s daily wages . Any motor
vehicle that is owned or operated by the day and
temporary labor agency or a third party employer, or a
contractor of either, which is used for the
transportation of day or temporary laborers, shall have
r
4
proof of financial responsibility as provided for in
�.. Chapter 8 of the Illinois Vehicle Code .
I . A day and temporary labor agency must post in
a conspicuous location a sign in English and Spanish,
describing the rights and obligations of the agency and
day or temporary laborers . The content of the notice
shall be determined by the fiscal services manager.
6 . 18 . 100 HUMAN RELATIONS ORDINANCE APPLICABLE :
The City of Elgin human relations ordinance,
Chapter 3 . 12 of this code, as amended, shall be
applicable to every decision and action of a day and
temporary labor agency in the selection, hiring,
assignment, compensation, retention, and all other
conditions of employment of day and temporary laborers .
6 . 18 . 110 DUTY TO RETAIN RECORDS :
A day and temporary labor agency shall create an
accurate record of each transaction by which a day or
temporary laborer was sent to a third party employer.
The record shall include :
A. the name of the day or temporary laborer and
date of the transaction;
B. the address of the day or temporary laborer;
C. the name, address and telephone number of the
third party employer;
D. the name and title of the individual at the
third party employer' s place of business responsible for
the transaction;
E. the type of work to be performed;
F. any specific qualifications or attributes of a
day or temporary laborer, requested by the third party
employer;
G. the hourly rate of pay to the day or temporary
laborer;
H. the number of hours worked by the day or
temporary laborer;
eft.
I . actual deductions from the day or temporary
laborer' s compensation made either by the third party
employer or by the agency for the day or temporary
laborer' s transportation, food, equipment, withheld
income tax, withheld social security payments, and every
other deduction;
J. the nature, brand and unit price of any
equipment given to the day or temporary laborer and a
listing of all fees, taxes or other items for which a
deduction is taken from the laborer' s pay; and
The day and temporary labor agency shall maintain all
records under this section for a period of five years
from their creation. The records shall be open to
inspection by the city during normal business hours . It
is a violation of this section to make any false,
inaccurate or incomplete entry into any record required
by this section, or to delete required information from
any such record.
6 . 18 . 120 DAY OR TEMPORARY LABORER TO RECEIVE WORK
TICKET:
Upon request by a day or temporary laborer, a day
rand temporary labor agency shall provide to each day or
temporary laborer a work ticket, signed by the manager of
the agency. If the day or temporary laborer is placed
with a third party employer, the ticket shall include the
information described in Subsections A, B, C, E, G, H, I
and J of Section 6 . 18 . 110, plus the time the day or
temporary laborer is dispatched to the third party
employer and the time of return.
6 . 18 . 130 LICENSE REVOCATION:
Any license issued under this chapter may be revoked
or suspended by the fiscal services manager after notice
and hearing, for any of the following reasons :
A. Fraud, misrepresentation or false statement
contained in the application for a license;
B . Fraud, misrepresentation or false statement
made by the licensee in the course of conducting the
business of a day and temporary labor agency;
C. Conducting the business of a day and temporary
labor agency contrary to the provisions of this chapter
e"" or other requirements of law; or
D. Conviction of the licensee or any of its
rft. owners, officers, partners or managers for any crime
involving moral turpitude or dishonesty.
6 . 18 . 140 NOTICE AND HEARING:
Notice of a hearing for revocation or suspension of
a license issued under this chapter shall be provided in
writing and shall set forth specifically the grounds for
the proposed revocation and the time and place of the
hearing. Notice shall be mailed, postage prepaid, to the
licensee at the address shown on the license application
or at the last known address of the licensee .
6 . 18 . 150 PENALTY FOR VIOLATIONS :
Any person who violates any portion of this chapter
shall be subject to a fine of not less than $500 and not
more than $5, 000 for each offense . Each day that a
violation shall continue shall constitute a separate and
distinct offense . Any licensee who violates any
provision of this chapter shall also be subject to
suspension or revocation of his license . "
Section 2 . That all ordinances or parts of ordinances in
rconflict with the provisions of this ordinance be and are hereby
( repealed.
Section 3 . That this ordinance shall be in full force and
effect from and after January 1, 2003 .
Ed Schock, Mayor
Presented: November 6, 2002
Passed: November 6 , 2002
Vote : Yeas : 7 Nays : 0
Recorded: November 7 , 2002
Published: November 8, 2002
Attest :
I� '�A 2 // /
Dolonna Mecum, C ' ty Clerk
E