NEW ITEMS

 

Meeting of the Cook County Board of Commissioners

County Board Room, County Building

Tuesday, October 21, 2003, 10:00 A.M.

Recessed and Reconvened Friday, October 24, 2003, 10:00 A.M.

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

 

CITY OF CALUMET - NO CASH BID REQUEST

ITEM #1

 

Transmitting a Communication, dated October 15, 2003 from

 

DEBORAH SIMS, Chairman, Finance Tax Delinquency Subcommittee

 

Submitting a request from

 

MICHELLE M. QUALKINBUSH, Mayor, City of Calumet City

 

Re:       The City of Calumet City and the Cook County No Cash Bid Program for Tax Delinquent Properties

 

Calumet City requests that the Cook County Board approve the City’s participation in Cook County’s No Cash Bid process.  Specifically, the City is submitting for the Board’s consideration properties submitted with this letter as listed below.

 

The first fifteen (15) properties are located in the City’s 154th Area Project for Neighborhood Revitalization, as outlined in the submitted enclosure.  Upon receipt of the properties, the City will implement an RFP for development of affordable housing on the sites.  This will encourage new growth by removing stagnate and blighted property and replacing it with affordable new housing, new residents, new taxable sites, and most importantly, returning neighborhood pride to the community.

 

The final site is a former pizza parlor that has been vacant and deteriorating for years.  The deterioration has extended beyond the actual structure and has negatively impacted the adjacent homes and businesses.  Upon receipt of the tax deed for this property, the City will demolish it and make the site available for new business growth.

 

PROPERTY INDEX NUMBERS

 

30-17-200-036-0000       R-1 Residential

30-17-200-037-0000       R-1 Residential

30-17-201-018-0000       R-1 Residential

30-17-201-028-0000       R-1 Residential

30-17-201-032-0000       R-1 Residential

30-17-202-012-0000       R-1 Residential

30-17-202-013-0000       R-1 Residential

30-17-202-019-0000       R-1 Residential

30-17-202-036-0000       R-1 Residential

30-17-202-039-0000       R-1 Residential

30-17-202-041-0000       R-1 Residential

30-17-203-010-0000       R-1 Residential

30-17-203-024-0000       R-1 Residential

30-17-205-017-0000       R-1 Residential

30-17-202-020-0000       R-1 Residential

30-19-205-015-0000       B-Commercial

_________________________

 

Commissioner Silvestri, seconded by Commissioner Maldonado, moved to suspend the rules so that this matter may be considered.  The motion carried unanimously.

 

Commissioner Goslin, seconded by Commissioner Silvestri, moved that the communication be referred to the Committee on Finance Tax Delinquency Subcommittee.  (Comm. No. 262022).  The motion carried unanimously.

PROPOSED RESOLUTION

ITEM #2

 

Submitting a Proposed Resolution sponsored by

 

DEBORAH SIMS, County Commissioner

 

Co-Sponsored by

 

JOHN H. STROGER, JR., PRESIDENT, JERRY BUTLER, FORREST CLAYPOOL,

EARLEAN COLLINS, JOHN P. DALEY, ELIZABETH ANN DOODY GORMAN, GREGG GOSLIN, CARL R. HANSEN, ROBERTO MALDONADO, JOSEPH MARIO MORENO,

JOAN PATRICIA MURPHY, ANTHONY J. PERAICA, MIKE QUIGLEY, PETER N. SILVESTRI, BOBBIE L. STEELE and LARRY SUFFREDIN, County Commissioners

 

PROPOSED RESOLUTION

 

WHEREAS, Bose Ijaola is thirty-two years old and resides in Chicago, Illinois; and

 

WHEREAS, Bose a former national bodybuilder competitor, started participating in boxing in the year 2000; and

 

WHEREAS, Bose was training at the Bally’s gym and was asked if she wanted to participate in the sport; and

 

WHEREAS, Bose joined the boxing program at Chicago’s Garfield Park Boxing Club which has become the premier training ground for amateur women boxers under Head Coach, George Hernandez; and

 

WHEREAS, Bose weighs one hundred and seventy-six pounds with a seventy inch reach; she has had nine fights, five by knock out, and is undefeated; and

 

WHEREAS, Bose holds the National Female Golden Gloves for 2002 and 2003 and the Chicago Golden Gloves for 2002 and 2003; and

 

WHEREAS, Bose is currently the Gold Medal Champion for the Female National USA boxing tournament that was held in Fort Lauderdale on July 11, 2003; and

 

WHEREAS, for winning the competition she was selected by the Olympic Committee to represent the USA female boxing team dual in Russia this past September; and

 

WHEREAS, unfortunately the USA female boxing team was defeated by the Russians, needless to say it was a great experience and a honor to represent the United States in such manner; and

 

WHEREAS, Bose’s quest now is to turn pro and dominate the sport in the next coming year.

 

NOW, THEREFORE, BE IT RESOLVED, that the President and Members of the Board of Commissioners, on behalf of the more than five million residents of Cook County, does hereby take this opportunity to congratulate Bose Ijaola; and

 

BE IT FURTHER RESOLVED, that a suitable copy of this Resolution be spread upon the official proceedings of this Honorable Body and that a copy of same be transmitted as a testimonial of the high esteem and appreciation for Bose Ijaola.

_________________________

 

This item was WITHDRAWN at the request of the sponsor.

 

TRANSFER OF FUNDS

ITEM #3

 

Transmitting a Communication, dated October 17, 2003 from

 

JOSEPH MARIO MORENO, County Commissioner

 

I am seeking Board approval to transfer $1,009.59 from (018-579 Account) Computer Equipment to (018-390 Account) Supplies and Materials Not Otherwise Classified in order to cover for any unanticipated end-of-year office supplies needed at my downtown and district offices.

TRANSFER OF FUNDS continued

ITEM #3 cont’d

_________________________

 

Commissioner Silvestri, seconded by Commissioner Maldonado, moved to suspend the rules so that this matter may be considered.  The motion carried unanimously.

 

Commissioner Hansen, seconded by Commissioner Silvestri, moved that the transfer of funds be approved.  The motion carried unanimously.

 

PROPOSED RESOLUTION

ITEM #4

 

Submitting a Proposed Resolution sponsored by

 

EARLEAN COLLINS, County Commissioner

 

Co-Sponsored by

 

JOHN H. STROGER, JR., PRESIDENT, FORREST CLAYPOOL, JOHN P. DALEY,

ELIZABETH ANN DOODY GORMAN, GREGG GOSLIN, CARL R. HANSEN,

ROBERTO MALDONADO, JOAN PATRICIA MURPHY, ANTHONY J. PERAICA,

MIKE QUIGLEY, PETER N. SILVESTRI, BOBBIE L. STEELE and LARRY SUFFREDIN,

County Commissioners

 

PROPOSED RESOLUTION

 

FISCAL IMPACT OF MENTALLY ILL ARRESTEES ON COOK COUNTY

 

WHEREAS, Cook County is a home rule unit of local government pursuant to Article VII, Section 6a of the Illinois Constitution of 1970 with powers to regulate those matters which pertain to its government and affairs; and

 

WHEREAS, Cook County has the power and responsibility to conduct public hearings regarding certain matters pertaining to Cook County Government; and

 

WHEREAS, the fiscal impact of  Mentally Ill Arrestees on Cook County Jail and the Juvenile Temporary Detention Center is unknown, Cook County Jail is reported to have approximately 800 Mentally Ill Arrestees in the system according to 2002 statistics; and

 

WHEREAS, the rate of recidivism among the mental ill population, commonly referred to as the “revolving door syndrome”, poses a financial hardship on the Cook County budget, and makes it more difficult to comply with the Federal Consent Decree on overcrowding; and

 

WHEREAS, the State of Illinois has relinquished most of its responsibilities for adequate care for the mentally ill without adequate plans for services and housing at the local level which has contributed greatly to our jail populations.

 

NOW, THEREFORE, BE IT RESOLVED, that the Cook County Board of Commissioners shall conduct informational hearings to ascertain the fiscal impact of Mentally Ill Arrestees on the Cook County Budget, and the ability of the Cook County Jail system to comply with the Federal Consent Decree on overcrowding; and

 

BE IT FURTHER RESOLVED, that the Cook County Board of Commissioners seek legal remedies to insure that the State of Illinois assumes its responsibilities for decentralization of mentally ill patients to local communities in accordance with Federal regulations.

_________________________

 

Commissioner Silvestri, seconded by Commissioner Maldonado, moved to suspend the rules so that this matter may be considered.  The motion carried unanimously.

 

Commissioner Collins, seconded by Commissioner Silvestri, moved that the Proposed Resolution be referred to the Committee on Health and Hospitals Public Health Subcommittee.  (Comm. No. 262023).  The motion carried unanimously.

PROPOSED ORDINANCE

ITEM #5

 

Submitting a Proposed Ordinance sponsored by

 

EARLEAN COLLINS, County Commissioner

 

Co-Sponsored by

 

FORREST CLAYPOOL, PETER N. SILVESTRI, DEBORAH SIMS, BOBBIE STEELE,

LARRY SUFFREDIN, PRESIDENT JOHN H. STROGER, JR., JOHN P. DALEY,

ELIZABETH ANN DOODY GORMAN, GREGG GOSLIN, ROBERTO MALDONADO,

JOAN PATRICIA MURPHY, ANTHONY J. PERAICA and MIKE QUIGLEY, County Commissioners

 

PROPOSED ORDINANCE

 

THIS ORDINANCE SHALL BE KNOWN AS THE COOK COUNTY HEALTH AND SAFETY REGULATION FOR OPERATING TATTOO AND CERTAIN BODY PIERCING STUDIOS

 

WHEREAS, Cook County is a home rule unit of local government pursuant to Article 7, Section 6a of the Illinois Constitution of 1970 with power to regulate those matters which pertain to its government and affairs; and

 

WHEREAS, in the exercise of home rule powers, the Cook County Board can adopt an ordinance governing minimum standards of operation for tattoo parlors and body piercing studios to protect the health and welfare of the citizens of Cook County; and

 

WHEREAS, over the past decade there has been a proliferation of tattoo parlors and body piercing studios throughout Cook County; and

 

WHEREAS, some of the clients served by these establishments are under age youth who may not have the consent of parents or guardians; and

 

WHEREAS, it has been called to our attention that currently there are no effective regulations in Cook County or the State of Illinois governing the operation of tattoo parlors and body piercing studios or its practitioners; and

 

WHEREAS, the process of tattoo and body piercing is invasive; the risk of infection and the transmission of diseases such as HIV, AIDS and hepatitis through blood-borne pathogens, and other body fluids make the need for regulations imperative.

 

NOW, THEREFORE, BE IT ORDAINED, that the Board of Commissioners of Cook County, Illinois establishes health and safety regulations for the operation of Tattoo Parlors and Body Piercing Studios to protect the citizens of Cook County.

 

MINIMUM STANDARDS FOR ISSUANCE OF PERMITS FOR TATTOO

AND CERTAIN BODY PIERCING STUDIOS

 

CONTENTS

 

Article I.         Definitions

Article II.        Limitations

Article III.      Operation of Tattoo and Certain Body Piercing Studios

Article IV.       Standards of Practice

Article V.        Reports/Complaints

Article VI.       Application for Tattoo and Certain Body Piercing Studios Permit

Article VII.     Unauthorized Practice of Body Art

Article VIII.    Severability

Article IX        Effective Date

PROPOSED ORDINANCE continued

ITEM #5 cont’d

 

ARTICLE I

 

DEFINITIONS

 

(a)     Aftercare:  means written instructions given to the client, specific to the body art procedure(s) rendered, about caring for the body art and surrounding area, including information about when to seek medical treatment, if necessary.

 

(b)     Applicant:  means any person who applies to the Cook County Department of Public Health for approval for either a Tattoo and/or Certain Body Piercing Studios permit or practitioner permit.

 

(c)     Autoclave:  means an apparatus for sterilization utilizing steam pressure at a specific temperature over a period of time.

 

(d)     Autoclaving:  means a process which results in the destruction of all forms of microbial life, including highly resistant spores, by the use of an autoclave for a minimum of thirty minutes at 20 pounds of pressure (PSI) at a temperature of 270 degrees Fahrenheit.

 

(e)     Bloodborne:  pathogens standard means OSHA Guidelines contained in 29 CFR 1910.1030, entitled "Occupational Exposure to Bloodborne Pathogens.”

 

(f)     Board of Health:  means the Cook County Department of Public Health that has jurisdiction in the community in which a Tattoo and Certain Body Piercing Studio is located including the Board or officer having like powers and duties in towns where there is no Board of Health.

 

(g)     Body Art:  means the practice of physical body adornment by permitted establishments and practitioners using, but not limited to, the following techniques: body piercing, tattooing, cosmetic tattooing, branding, and scarification. This definition does not include practices that are considered medical procedures by the Illinois Department of Professional Regulation and the Federation of State Medical Board of Illinois, such as implants under the skin, which are prohibited.

 

(h)     Tattoo and Certain Body Piercing Studios or Establishment:  means a location, place, or business that has been granted a permit by the Cook County Clerk’s Office, whether public or private, where the practices of body art are performed, whether or not for profit.

 

(i)      Body Art Practitioner or Practitioner:  means a specifically identified individual who has been granted a permit by the Cook County Clerk’s Office to perform body art in an establishment that has been granted a permit by the Board.

 

(j)      Body Piercing:  means puncturing or penetrating the skin of a client with pre-sterilized single-use needles and the insertion of pre-sterilized jewelry or other adornment into the opening. This definition excludes piercing of the earlobe with a pre-sterilized single-use stud-and-clasp system manufactured exclusively for ear-piercing.

 

(k)     Branding:  means inducing a pattern of scar tissue by use of a heated material (usually metal) to the skin, making a serious burn, which eventually becomes a scar.

 

(l)      Client:  means a member of the public who requests a body art procedure at a Tattoo and Certain Body Piercing Studio.

 

(m)    Contaminated Waste:  means waste as defined in applicable State and/or Federal Regulations:  Storage and Disposal of Infectious or Physically Dangerous Medical or Biological Waste, as contained in the Illinois State Statute.

 

(n)     Department:  means the Cook County Department of Public Health or its authorized representatives.

 

(o)     Disinfectant:  means a product registered as a disinfectant by the U.S. Environmental Protection Agency (EPA).

PROPOSED ORDINANCE continued

ITEM #5 cont’d

 

(p)     Disinfection:  means the destruction of disease-causing microorganisms on inanimate objects or surfaces, thereby rendering these objects safe for use or handling.

 

(q)     Ear piercing:  means the puncturing of the lobe of the ear with a pre-sterilized single-use stud-and-clasp ear-piercing system following the manufacturer's instructions.

 

(r)     Equipment:  means all machinery, including fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks, and all other apparatus and appurtenances used in connection with the operation of a Tattoo and Certain Body Piercing Studios.

 

(s)     Hand Sink:  means a lavatory equipped with hot and cold running water under pressure, used solely for washing hands, arms, or other portions of the body.

 

(t)      Hot water:  means water that attains and maintains a temperature of 110º-130ºF.

 

(u)     Instruments Used for Body Art:  means hand pieces, needles, needle bars, and other instruments that may come in contact with a client's body or may be exposed to bodily fluids during any body art procedure.

 

(v)     Invasive:  means entry into the client’s body either by incision or insertion of any instruments into or through the skin or mucosa, or by any other means intended to puncture, break, or otherwise compromise the integrity of the skin or mucosa.

 

(w)    Jewelry:  means any ornament inserted into a newly pierced area, which must be made of surgical implant-grade stainless steel; solid 14k or 18k white or yellow gold, niobium, titanium, or platinum; or a dense, low-porosity plastic, which is free of nicks, scratches, or irregular surfaces and has been properly sterilized prior to use.

 

(x)     Minor:  means any person under the age of eighteen (18) years.

 

(y)     Operator:  means any person who individually, or jointly or severally with others, owns, or controls an establishment, but is not a body art practitioner.

 

(z)     Permit:  means certification of approval by the Cook County Department of Public Health in writing to either (1) operate a Tattoo and/or Certain Body Piercing Studio or (2) operate as a body art practitioner within a Tattoo and/or Certain Body Piercing Studio.  Cook County Department of Public Health approval shall be granted solely for the practice of body art pursuant to the provisions of this Ordinance.  Said permit is exclusive of the establishment’s compliance with other practice or permitting requirements that may exist within community or political subdivision comprising the Cook County Board of Commissioners jurisdiction.

 

(aa)   Person:  means an individual, any form of business or social organization or any other non-governmental legal entity, including but not limited to corporations, partnerships, limited-liability companies, associations, trusts or unincorporated organizations.

 

(bb)   Physician:  means an individual licensed as a qualified physician by the State of Illinois Department of Professional Regulation and the Federation of State Medical Board of Illinois.

 

(cc)   Procedure Surface:  means any surface of an inanimate object that contacts the client's unclothed body during a body art procedure, skin preparation of the area adjacent to and including the body art procedure, or any associated work area which may require sanitizing.

 

(dd)   Sanitary:  means clean and free of agents of infection or disease.

 

(ee)   Sanitize:  means the application of a U.S. EPA registered sanitizer on a cleaned surface in accordance with the label instructions.

 

(ff)    Scarification:  means altering skin texture by cutting the skin and controlling the body’s healing process in order to produce wounds, which result in permanently raised wheals or bumps known as keloids.

PROPOSED ORDINANCE continued

ITEM #5 cont’d

 

(gg)   Sharps:  means any object, sterile or contaminated, that may intentionally or accidentally cut or penetrate the skin or mucosa, including, but not limited to, needle devices, lancets, scalpel blades, razor blades, and broken glass.

 

(hh)   Sharps Container:  means a puncture-resistant, leak-proof container that can be closed for handling, storage, transportation, and disposal and that is labeled with the International Biohazard Symbol.

 

(ii)     Single Use Items:  means products or items that are intended for one-time, one-person use and are disposed of after use on each client, including, but not limited to, cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, razors, piercing needles, scalpel blades, stencils, ink cups, and protective gloves.

 

(jj)     Sterilize:  means the use of a physical or chemical procedure to destroy all microbial life including highly resistant bacterial endospores.

 

(kk)   Tattoo:  means the indelible mark, figure, or decorative design introduced by insertion of dyes or pigments into or under the subcutaneous portion of the skin.

 

(ll)     Tattooing:  means any method of placing ink or other pigment into or under the skin or mucosa by the aid of needles or any other instrument used to puncture the skin, resulting in permanent coloration of the skin or mucosa. This term includes all forms of cosmetic tattooing.

 

(mm) Ultrasonic Cleaning Unit:  means a unit approved by the Board, physically large enough to fully submerge instruments in liquid, which removes all foreign matter from the instruments by means of high frequency oscillations transmitted through the contained liquid.

 

(nn)   Universal Precautions:  means a set of guidelines and controls, published by the Centers for Disease Control and Prevention (CDC), as "Guidelines for Prevention of Transmission of Human Immunodeficiency Virus (HIV) and Hepatitis B Virus (HBV) to Health-Care and Public-Safety Workers".

 

ARTICLE II

 

LIMITATIONS

 

2.1    Exemptions

 

         (A)    Physicians licensed to practice medicine by the State of Illinois who perform body art procedures as part of patient treatment are exempt from these regulations.

 

         (B)    Individuals who pierce only the lobe of the ear with a pre-sterilized single-use stud-and-clasp ear-piercing system are exempt from these regulations.

 

2.2    Restrictions

 

         (A)    No tattooing, piercing of genitalia, branding, or scarification shall be performed on a person under the age of 18.

 

         (B)    Body piercing, other than piercing the genitalia, may be performed on a person under the age of 18 provided that the person is accompanied by a properly identified parent, legal custodial parent, or legal guardian who has signed a form consenting to such procedure.

 

ARTICLE III

 

OPERATION OF TATTOO AND CERTAIN BODY PIERCING STUDIOS

 

Unless otherwise ordered or approved by the Cook County Board of Commissioners, each Tattoo and Certain Body Piercing Studio shall be constructed, operated and maintained to meet the following minimum requirements but not limited to the following:

PROPOSED ORDINANCE continued

ITEM #5 cont’d

 

3.1    Physical Plant

 

         (A)    Walls, floors, ceilings, and procedure surfaces shall be smooth, free of open holes or cracks, light-colored, washable, and in good repair.  Walls, floors, and ceilings shall be maintained in a clean condition. All procedure surfaces, including client chairs/benches, shall be of such construction as to be easily cleaned and sanitized after each client.

 

         (B)    Solid partitions or walls extending from floor to ceiling shall separate the establishment’s space from any other room used for human habitation, any food establishment, or room where food is prepared, any hair salon or barber shop, any retail sales, or any other such activity that may cause potential contamination of work surfaces.

 

         (C)    The establishment shall take all measures necessary to ensure against the presence or breeding of insects, vermin, and rodents within the establishment.

 

         (D)    Each body art station shall have a minimum of 45 square feet of floor space for each practitioner.  Each establishment shall have an area that may be screened from public view for clients requesting privacy. Multiple body art stations shall be separated by a divider or partition at a minimum.

 

         (E)    The establishment shall be well ventilated and provided with an artificial light source equivalent to at least 20 foot candles 3 feet off the floor, except that at least 100 foot candles shall be provided at the level where the body art procedure is being performed, and where instruments and sharps are assembled.

 

         (F)     A separate, readily accessible hand sink with hot and cold running water under pressure, preferably equipped with wrist- or foot-operated controls and supplied with liquid soap, and disposable paper towels stored in fixed dispensers shall be readily accessible within the establishment.  Each operator area shall have a hand sink.

 

         (G)    There shall be a minimum of one toilet room containing a toilet and sink.  The toilet room shall be provided with toilet paper, liquid hand soap and paper towels stored in a fixed dispenser.

 

         (H)    At least one covered, foot operated waste receptacle shall be provided in each operator area and each toilet room.  Receptacles in the operator area shall be emptied daily.  Solid waste shall be stored in covered, leak proof, rodent-resistant containers and shall be removed from the premises at least weekly.

 

         (I)     At least one janitorial sink shall be provided in each Tattoo and Certain Body Piercing Studio for use in cleaning the establishment and proper disposal of non-contaminated liquid wastes in accordance with all applicable Federal, state and local laws.  Said sink shall be of adequate size equipped with hot and cold running water under pressure and permit the cleaning of the establishment and any equipment used for cleaning.

 

         (J)     All instruments and supplies shall be stored in clean, dry, and covered containers. Containers shall be kept in a secure area specifically dedicated to the storage of all instruments and supplies.

 

         (K)    The establishment shall have a cleaning area.  Every cleaning area shall have an area for the placement of an autoclave or other sterilization unit located or positioned a minimum of 36 inches from the required ultrasonic cleaning unit.

 

         (L)    The establishment shall have a customer waiting area, exclusive and separate from any workstation, instrument storage area, cleaning area or any other area in the Tattoo and Certain Body Piercing Studio used for body art activity.

 

         (M)   No animals of any kind shall be allowed in a Tattoo and Certain Body Piercing Studio except service animals used by persons with disabilities (e.g., seeing eye dogs).  Fish aquariums shall be allowed in waiting rooms and nonprocedural areas.

PROPOSED ORDINANCE continued

ITEM #5 cont’d

 

         (N)    Smoking, eating, or drinking is prohibited in the area where body art is performed, with the exception of fluids being offered to a client during or after a body art procedure.

 

3.2    Requirements for Single Use Items Including Inks, Dyes, and Pigments

 

         (A)    Single-use items shall not be used on more than one client for any reason. After use, all single-use sharps shall be immediately disposed of in approved sharps containers.

 

         (B)    All products applied to the skin, such as but not limited to body art stencils, applicators, gauze and razors, shall be single use and disposable.

 

         (C)    Hollow bore needles or needles with a cannula shall not be reused.

 

         (D)    All inks, dyes, pigments, solid core needles, and equipment shall be specifically manufactured for performing body art procedures and shall be used according to manufacturer's instructions.

 

         (E)    Inks, dyes or pigments may be mixed and may only be diluted with water from an approved potable source. Immediately before a tattoo is applied, the quantity of the dye to be used shall be transferred from the dye bottle and placed into single-use paper cups or plastic caps.  Upon completion of the tattoo, these single-use cups or caps and their contents shall be discarded.

 

3.3    Sanitation and Sterilization Measures and Procedures

 

         (A)    All non-disposable instruments used for body art, including all reusable solid core needles, pins and stylets, shall be cleaned thoroughly after each use by scrubbing with an appropriate soap or disinfectant solution and hot water, (to remove blood and tissue residue), and shall be placed in an ultrasonic unit operated in accordance with manufacturer's instructions.

 

         (B)    After being cleaned, all non-disposable instruments used for body art shall be packed individually in sterilizer packs and subsequently sterilized in a steam autoclave.  All sterilizer packs shall contain either a sterilizer indicator or internal temperature indicator. Sterilizer packs must be dated with an expiration date not to exceed six (6) months.

 

         (C)    The autoclave shall be used, cleaned, and maintained according to manufacturer's instruction.  A copy of the manufacturer's recommended procedures for the operation of the autoclave must be available for inspection by the Board.  Autoclaves shall be located away from workstations or areas frequented by the public.

 

         (D)    Each holder of a permit to operate a Tattoo and Certain Body Piercing Studio shall demonstrate that the autoclave used is capable of attaining sterilization by monthly spore destruction tests.  These tests shall be verified through an independent laboratory.  The permit shall not be issued or renewed until documentation of the autoclave’s ability to destroy spores is received by the Board.  These test records shall be retained by the operator for a period of three (3) years and made available to the Board upon request.

 

         (E)    All instruments used for body art procedures shall remain stored in sterile packages until just prior to the performance of a body art procedure.  After sterilization, the instruments used in body art procedures shall be stored in a dry, clean cabinet or other tightly covered container reserved for the storage of such instruments.

 

         (F)     Sterile instruments may not be used if the package has been breached or after the expiration date without first repackaging and resterilizing.

 

         (G)    If the Tattoo and Certain Body Piercing Studios uses only sterile single-use, disposable instruments, and products, and uses sterile supplies, an autoclave shall not be required.

 

         (H)    When assembling instruments used for body art procedures, the operator shall wear disposable medical gloves and use medically recognized techniques to ensure that the instruments and gloves are not contaminated.

PROPOSED ORDINANCE continued

ITEM #5 cont’d

 

         (I)     Reusable cloth items shall be mechanically washed with detergent and dried after each use. The cloth items shall be stored in a dry, clean environment until used.

 

3.4    Posting Requirements

 

         The following shall be prominently displayed:

 

         (A)    A Disclosure Statement, a model of which shall be available from the Cook County Department of Public Health.  A Disclosure Statement shall also be given to each client, advising him/her of the risks and possible consequences of body art procedures.

 

         (B)    The name, address and phone number of the local Board of Health that has jurisdiction and the procedure for filing a complaint.

 

         (C)    An Emergency Plan, including:

 

                  (1)  A plan for the purpose of contacting police, fire, or emergency medical services in the event of an emergency.

 

                  (2)  A telephone in good working order shall be easily available and accessible to all employees and clients during all hours of operation.

 

                  (3)  A sign at or adjacent to the telephone indicating the correct emergency telephone numbers.

 

                  (4)  An occupancy and use permit as issued by the local building official.

 

                  (5)  A current establishment permit.

 

                  (6)  Each practitioner’s permit.

 

3.5    Establishment Recordkeeping

 

The establishment shall maintain the following records in a secure place for a minimum of three (3) years, and such records shall be made available to the Cook County Department of Public Health upon request:

 

         (A)    Establishment information, which shall include:

 

                  (1)  Establishment name.

 

                  (2)  Hours of operation.

 

                  (3)  Owner's name and address.

 

                  (4)  A complete description of all body art procedures performed.

 

                  (5)  An inventory of all instruments and body jewelry, all sharps, and all inks used for any and all body art procedures, including names of manufacturers and serial or lot numbers, if applicable.  Invoices or packing slips shall satisfy this requirement.

 

                  (6)  A Material Safety Data Sheet, when available, for each ink and dye used by the establishment.

 

                  (7)  A copy of these regulations.

 

         (B)    Employee information, which shall include:

 

                  (1)  Full names and exact duties.

 

                  (2)  Date of birth.

PROPOSED ORDINANCE continued

ITEM #5 cont’d

 

                  (3)  Home address.

 

                  (4)  Home/work phone numbers.

 

         (C)    Client Information, which shall include:

 

                  (1)  Name.

 

                  (2)  Date of birth.

 

                  (3)  Address of the client.

 

                  (4)  Date of the procedure.

 

                  (5)  Name of the practitioner who performed the procedure(s).

 

                  (6)  Description of procedure(s) performed and the location on the body.

 

                  (7)  A signed consent form as specified by 4(D)(2).

 

                  (8)  If the client is a person under the age of 18, proof of parental or guardian identification, presence and consent including a copy of the photographic identification of the parent or guardian.

 

         (D)    Client information shall be kept confidential at all times.

 

3.6    Health Requirements

 

The establishment shall require that all body art practitioners have either completed, or were offered and declined, in writing, the hepatitis B vaccination series. Records documenting compliance with this requirement shall be provided to the Cook County Department of Public Health upon request.

 

ARTICLE IV

 

STANDARDS OF PRACTICE

 

4.1    Standards of Practice

 

         Practitioners are required to comply with the following minimum health standards:

 

         (A)    A practitioner shall perform all body art procedures in accordance with Universal Precautions set forth by the U.S Centers for Disease Control and Prevention.

 

         (B)    A practitioner shall refuse service to any person who may be under the influence of alcohol or drugs.

 

         (C)    Practitioners who use ear-piercing systems must conform to the manufacturer’s directions for use, and to applicable U.S. Food and Drug Administration requirements.  No practitioner shall use an ear piercing system on any part of the client’s body other than the lobe of the ear.

 

         (D)    Health History and Client Informed Consent.  Prior to performing a body art procedure on a client, the practitioner shall:

 

                 

 

                  (1)  Inform the client, verbally and in writing that the following health conditions may increase health risks associated with receiving a body art procedure:

 

                        (a)  History of diabetes.

                        (b)  History of hemophilia (bleeding).

                        (c)  History of skin diseases, skin lesions, or skin sensitivities to soaps, disinfectants, etc.

PROPOSED ORDINANCE continued

ITEM #5 cont’d

 

                        (d)  History of allergies or adverse reactions to pigments, dyes, or other sensitivities.

                        (e)  History of epilepsy, seizures, fainting, or narcolepsy.

                        (f)  Use of medications such as anticoagulants, which thin the blood and/or interfere with blood clotting.

                        (g)  Any other conditions such as hepatitis or HIV.

 

                  (2)  Require that the client sign a form confirming that the above information was provided, that the client does not have a condition that prevents them from receiving body art, that the client consents to the performance of the body art procedure and that the client has been given the aftercare instructions as required by section 5(K).

 

         (E)    A practitioner shall maintain the highest degree of personal cleanliness, conform to best standard hygienic practices, and wear clean clothes when performing body art procedures.  Before performing body art procedures, the practitioner must thoroughly wash their hands in hot running water with liquid soap, then rinse hands and dry with disposable paper towels.  This shall be done as often as necessary to remove contaminants.

 

         (F)     In performing body art procedures, a practitioner shall wear disposable single-use gloves.  Gloves shall be changed if they become pierced, torn, or otherwise contaminated by contact with any unclean surfaces or objects or by contact with a third person.  The gloves shall be discarded, at a minimum, after the completion of each procedure on an individual client, and hands shall be washed in accordance with section (E) before the next set of gloves is put on. Under no circumstances shall a single pair of gloves be used on more than one person.  The use of disposable single-use gloves does not preclude or substitute for hand washing procedures as part of a good personal hygiene program.

 

         (G)    The skin of the practitioner shall be free of rash or infection. No practitioner affected with boils, infected wounds, open sores, abrasions, weeping dermatological lesions or acute respiratory infection shall work in any area of a Tattoo and Certain Body Piercing Studio in any capacity in which there is a likelihood that that person could contaminate body art equipment, supplies, or working surfaces with body substances or pathogenic organisms.

 

         (H)    Any item or instrument used for body art that is contaminated during the procedure shall be discarded and replaced immediately with a new disposable item or a new sterilized instrument or item before the procedure resumes.

 

         (I)     Preparation and care of a client’s skin area must comply with the following:

 

                  (1)  Any skin or mucosa surface to receive a body art procedure shall be free of rash or any visible infection.

 

                  (2)  Before a body art procedure is performed, the immediate skin area and the areas of skin surrounding where body art procedure is to be placed shall be washed with soap and water or an approved surgical skin preparation.  If shaving is necessary, single-use disposable razors or safety razors with single-service blades shall be used. Blades shall be discarded after each use, and reusable holders shall be cleaned and autoclaved after use.  Following shaving, the skin and surrounding area shall be washed with soap and water.  The washing pad shall be discarded after a single use.

 

                  (3)  In the event of bleeding, all products used to stop the bleeding or to absorb blood shall be single use, and discarded immediately after use in appropriate covered containers, and disposed of.

 

         (J)     Petroleum jellies, soaps, and other products used in the application of stencils shall be dispensed and applied on the area to receive a body art procedure with sterile gauze or other sterile applicator to prevent contamination of the original container and its contents.  The applicator or gauze shall be used once and then discarded.

PROPOSED ORDINANCE continued

ITEM #5 cont’d

 

         (K)    The practitioner shall provide each client with verbal and written instructions on the aftercare of the body art site.  The written instructions shall advise the client:

 

                  (1)  On the proper cleansing of the area which received the body art.

 

                  (2)  To consult a health care provider for:

 

                        (a)  unexpected redness, tenderness, or swelling at the site of the body art procedure;

                        (b)  any rash;

                        (c)  unexpected drainage at or from the site of the body art procedure; or

                        (d)  a fever within 24 hours of the body art procedure; and

 

                  (3)  The address, and phone number of the establishment. A copy shall be provided to the client.  A model set of aftercare instructions shall be made available by the Department.

 

         (L)    Contaminated waste shall be stored, treated, and disposed in accordance with applicable State and/or Federal Regulations:  Storage and Disposal of Infectious or Physically Dangerous Medical or Biological Waste, State Sanitary Code.

 

ARTICLE V

 

REPORTS/COMPLAINTS

 

5.1    Injury Reports

 

A written report of any injury, infection complication or disease as a result of a body art procedure, or complaint of injury, infection complication or disease, shall be forwarded by the operator to the Board which issued the permit, with a copy to the injured client within five working days of its occurrence or knowledge thereof.  The report shall include:

 

         (A)    The name of the affected client.

 

         (B)    The name and location of the Tattoo and Certain Body Piercing Studio involved.

 

(C)    The nature of the injury, infection complication, or disease.

 

         (D)    The name and address of the affected client’s health care provider, if any.

 

         (E)    Any other information considered relevant to the situation.

 

5.2    Investigation of Complaints

 

         (A)    The Cook County Department of Public Health shall investigate complaints received about an establishment or practitioner’s practices or acts, which may violate any provision of the Board's regulations.

 

         (B)    If the Cook County Department of Public Health finds that an investigation is not required because the alleged act or practice is not in violation of the Board's regulations, then the Board shall notify the complainant of this finding and the reasons on which it is based.

 

         (C)    If the Cook County Department of Public Health finds that an investigation is required, because the alleged act or practice may be in violation of the Board's regulations, the Board shall investigate and if a finding is made that the act or practice is in violation of the Board's regulations, then the Board shall apply whatever enforcement action is appropriate to remedy the situation and shall notify the complainant of its action in this manner.

 

PROPOSED ORDINANCE continued

ITEM #5 cont’d

 

ARTICLE VI

 

PERMITS AND FEES

 

6.1    Application for Tattoo and Certain Body Piercing Studio Cook County Permit and Fees

 

         (A)    No person may operate a Tattoo and Certain Body Piercing Studio without the approval of the Cook County Department of Public Health and a valid permit issued by the County Clerk’s Office.

 

         (B)    Applications for a permit shall be made on forms prescribed by and available from the Cook County Department of Public Health.  An applicant shall submit all information required by the form and accompanying instructions.  The term “application” as used herein shall include the original and renewal applications.

 

         (C)    An establishment permit shall be valid from the date of issuance and shall automatically expire in one (1) year from the date of issuance unless revoked sooner by the Cook County Board of Commissioners upon recommendations from the Cook County Department of Public Health.

 

         (D)    The Cook County Department of Public Health shall require that the applicant provide, at a minimum, the following information in order to be issued an establishment permit:

 

                  (1)  Name, address, and telephone number of:

 

                        (a)  The Tattoo and Certain Body Piercing Studio.

                        (b)  The operator of the establishment.

                        (c)  The body art practitioner(s) working at the establishment.

 

                  (2)  The manufacturer, model number, model year, and serial number, where applicable, of the autoclave used in the establishment.

 

                  (3)  A signed and dated acknowledgement that the applicant has received, read and understood the requirements of the Cook County Department of Public Health by this Ordinance.

 

                  (4)  A drawing of the floor plan of the proposed establishment to scale for a plan review by the Cook County Department of Public Health, as part of the permit application process.

 

                  (5)  Such additional information as the Cook County Department of Public Health and the local Board of Health may reasonably require.

 

         (E)    The Cook County Department of Public Health shall set a reasonable fee for such permit.

 

         (F)     A permit for a Tattoo and Certain Body Piercing Studio shall not be transferable from one place or person to another.

 

6.2    Application for Tattoo and Certain Body Piercing Practitioners Cook County Permit and Fees

 

         (A)    No person shall practice body art or perform any body art procedure without first obtaining a practitioner permit from the Cook County Department of Public Health.  The Cook County Board of Commissioners shall set a reasonable fee for such permits.

 

         (B)    A practitioner shall be a minimum of 18 years of age.

 

         (C)    A practitioner permit shall be valid from the date of issuance and shall automatically expire in two (2) years from the date of issuance unless revoked sooner by the Cook County Board of Commissioners upon recommendations from the Cook County Department of Public Health.

PROPOSED ORDINANCE continued

ITEM #5 cont’d

 

         (D)    Application for a practitioner permit shall include:

 

                  (1)  Name.

 

                  (2)  Date of birth.

 

                  (3)  Residence address.

 

                  (4)  Mailing address.

 

                  (5)  Phone number.

 

                  (6)  Place(s) of employment as a practitioner.

 

                  (7)  Training and/or experience as set out in (E) below.

 

         (E)    Practitioner Training and Experience.

 

                  (1)  In reviewing an application for a practitioner permit, the Cook County Department of Public Health may consider experience, training, and/or certification acquired in other states that regulate body art.

 

                  (2)  Training for all practitioners shall be approved by the Cook County Department of Public Health and, at a minimum, shall include the following:

 

                        (a)  Bloodborne pathogen training program (or equivalent) which includes infectious disease control; waste disposal; hand washing techniques; sterilization equipment operation and methods; and sanitization, disinfection and sterilization methods and techniques; and

 

                        (b)  First Aid and cardiopulmonary resuscitation (CPR).  Examples of courses approved by the Board include "Preventing Disease Transmission" (American Red Cross) and "Bloodborne Pathogen Training" (U.S. OSHA).  Training/courses provided by professional body art organizations or associations or by equipment manufacturers may also be submitted to the Board for approval.

 

                  (3)  The applicant for a body piercing practitioner permit shall provide documentation, acceptable to the Cook County Department of Public Health, that she/he completed a course on anatomy, completed an examination on anatomy, or possesses an equivalent combination of training and experience deemed acceptable to the Board.

 

                  (4)  The applicant for a tattoo practitioner permit shall provide documentation acceptable to the Board, that she/he completed a course on skin diseases, disorders and conditions, including diabetes, or completed an examination on skin diseases, disorders and conditions, including diabetes, or possesses a combination of training and experience deemed acceptable to the Board.

 

         (F)     A practitioner’s permit shall be conditioned upon continued compliance with all applicable provisions of these model regulations.

 

6.3    Cook County Permits and Fees

 

         (A)    Permit Fees.  All tattoo and body piercing studios shall obtain a permit annually except as indicated below from the Cook County Department of Public Health and shall pay an annual, non-refundable permit fee for each place of business operated as follows:

 

                  (1)  $450 per tattoo only studio or temporary location permit for a specified length of time not to exceed seven (7) days.

PROPOSED ORDINANCE continued

ITEM #5 cont’d

 

                  (2)  $600 for a tattoo and body piercing studio or temporary location permit for a specified length of time not to exceed seven (7) days - the fee to be paid as follows: $450 for the tattoo portion; and $150 for the body piercing portion.

 

                  (3)  $200 per body piercing only studio or temporary location permit for a specified length of time not to exceed seven (7) days.

 

                  (4)  This Ordinance shall be administered by the Cook County Department of Public Health.  The fees accessed will go toward defraying some of the cost associated with administration and enforcement of this Ordinance.

 

         (B)    Permit Forms.  Permit forms may be obtained from the Cook County Department of Public Health, 1010 Lake Street, Oak Park, Illinois 60301, 708-492-2000.

 

         (C)    Permit Application. An application shall be submitted for each tattoo studio and a separate application shall be submitted for each body piercing studio.  The initial Permit Application for each studio or temporary location shall be signed and verified, shall be made on the Permit Application furnished by the department, and shall contain the following information:

 

                  (1)  The full or legal name under which the studio or temporary location is conducted.

 

                  (2)  The address of the studio or temporary location that is to be granted a permit.  Sufficient descriptive information must be included if the studio or temporary location is located in a portion of the building with other permit holders.

 

                  (3)  If a proprietorship, the name and residence address of the proprietor; if a partnership, the names and residence addresses of all partners; if a corporation, the date and place of incorporation and name and address of its registered agent in the state; or if any other type of association, then the names of the principals of such association.

 

                  (4)  For each studio or temporary location, the name(s) and residence address(es) of the responsible individual(s) thereof.

 

                  (5)  The name(s) of the studio's or temporary location’s artist(s).

 

                  (6)  The usual days and hours of operation of each studio or temporary location.

 

                  (7)  A description of all services to be provided at the studio or temporary location.

 

         (D)    Issuance of Permit. The Cook County Clerk may issue a permit to the owner of a studio or temporary location after determining that the studio or temporary location is in compliance with applicable statutes, rules, and zoning codes.

 

                  (1)  The initial studio permit shall be valid for one year from the date of issuance which becomes the anniversary date.  The temporary location permit is valid for a specified period not to exceed seven (7) days.

 

                  (2)  The renewal studio permit shall be valid for one year from the anniversary date.

 

                  (3)  The permit shall be displayed in a prominent place in the studio or temporary location.

 

         (E)    Renewal of Permit - applicable to studios only.

 

                  (1)  Each year, the Permit Holder shall renew its permit in accordance with the requirements of this section.

 

                  (2)  The Permit Holder shall renew the permit by filing an application for renewal on the form prescribed by the Cook County Department of Public Health accompanied by the required Permit Fee.  A permit holder must file for renewal before the expiration date of the current permit.  A person who files a renewal application after the expiration date must pay an additional $100 as a delinquency fee.

PROPOSED ORDINANCE continued

ITEM #5 cont’d

 

                  (3)  Failure to submit the renewal application annually in accordance with the provisions of this act is subject to a business offense if found guilty in a court of law which constitutes a fine up to $5,000 and/or imprisonment up to one year.

 

                        (a)  Amendment of permit. A permit must be amended when the name, ownership, or location of the permitted studio is changed. Such changes require submission of the fees as outlined in subsection (a) of this section.

 

                        (b)  Notification of change of location of studio.

 

                              (i)   Not fewer than 30 days in advance of the change, the Permit Holder shall notify the commissioner or the commissioner’s designee in writing of the permit holder’s intent to change the location of a studio that has been granted a permit.  The notice shall include the address of the new location, and the name and residence address of the individual in charge of the studio at the new location.

 

                              (ii)  Notice will be deemed adequate if the Permit Holder provides the intent and verification notices to the commissioner or the commissioner's designee within the established time frames of clause (i) of this subparagraph by certified mail, return receipt requested, mailed to the Cook County Department of Public Health, 1010 West Lake Street, Oak Park, Illinois  60301, 708-492-2000.

 

                              (iii) Not later than the tenth day after the change of location is complete, the permit holder shall notify the department in writing and shall verify the information submitted under clause (i) of this subparagraph.

 

         (F)     Exemption from Permit Holder.  Persons who engage only in the following are exempt from the permit requirements of this section:

 

                  (1)  A studio or temporary location located within a medical facility which is licensed under other law, or an office or clinic of a person licensed by the Illinois State Board of Medical Examiners;

 

                  (2)  A person who performs only ear piercing;

 

                  (3)  A facility in which only ear piercing is performed.

 

6.4    Grounds for Denial of Permit, Revocation of Permit, or Refusal to Renew Permit

 

         (A)    The Cook County Department of Public Health may deny a permit, revoke a permit or refuse to renew a permit on the following grounds, each of which, in and of itself, shall constitute full and adequate grounds for revocation or refusal to renew:

 

                  (1)  Any actions which would indicate that the health or safety of the public would be at risk.

 

                  (2)  Fraud, deceit or misrepresentation in obtaining a permit, or its renewal.

 

                  (3)  Criminal conduct which the Cook County Board of Commissioners determines to be of such a nature as to render the establishment, practitioner or applicant unfit to practice body art as evidenced by criminal proceedings resulting in a conviction, guilty plea, or plea of nolo contendere or an admission of sufficient facts.

 

                  (4)  Any present or past violation of the Cook County Board of Commissioner regulations governing the practice of body art.

 

                  (5)  Practicing body art while the ability to practice is impaired by alcohol, drugs, physical disability or mental instability.

 

                  (6)  Being habitually drunk or being dependent on, or a habitual user of narcotics, barbiturates, amphetamines, hallucinogens, or other drugs having similar effects.

PROPOSED ORDINANCE continued

ITEM #5 cont’d

 

                  (7)  Knowingly permitting, aiding or abetting an unauthorized person to perform activities requiring a permit.

 

                  (8)  Continuing to practice while his/her permit is lapsed, suspended, or revoked.

 

                  (9)  Having been disciplined in another jurisdiction in any way by the proper permitting authority for reasons substantially the same as those set forth in the Board's regulations.

 

                  (10) Other just and sufficient cause which the Board may determine would render the establishment, practitioner or applicant unfit to practice body art.

 

         (B)    The Cook County Department of Public Health shall notify an applicant, establishment or practitioner in writing of any violation of the Cook County Department of Public Health regulations, for which the Cook County Department of Public Health intends to deny, revoke, or refuse to renew a permit.  The applicant, establishment or practitioner shall have seven (7) days after receipt of such written notice in which to comply with the Cook County Department of Public Health regulations.  The Cook County Department of Public Health may deny, revoke or refuse to renew a permit, if the applicant, establishment or practitioner fails to comply after said seven (7) days.

 

         (C)    Applicants denied a permit may reapply at any time after denial.

 

6.5    Grounds for Suspension of Permit

 

The Cook County Board of Commissioners may summarily suspend a permit pending a final hearing on the merits on the question of revocation if, based on the evidence before it, the Cook County Department of Public Health determines that an establishment and/or a practitioner is an immediate and serious threat to the public health, safety or welfare.  The suspension of a permit shall take effect immediately upon written notice of such suspension by the Cook County Board of Commissioners.

 

6.6    Procedure for Hearings

 

         (A)    Suspension of a Permit.

 

                  (1)  After a Cook County Board of Commissioners suspension of a permit, a hearing shall be initiated pursuant to existing procedures, no later than twenty-one (21) calendar days after the effective date of the suspension.

 

                  (2)  Upon written request to the Cook County Department of Public Health, the establishment or practitioner shall be afforded an opportunity to be heard concerning the suspension of the permit by the Board.

 

                  (3)  In cases of suspension of a permit, the hearing officer shall determine whether the Cook County Department of Public Health has proved by a preponderance of the evidence that there existed immediately prior to or at the time of the suspension an immediate and serious threat to the public health, safety or welfare.  The hearing officer shall issue a written decision, which contains a summary of the testimony and evidence considered and the reasons for the decision.

 

         (B)    Denial, Revocation, or Refusal to Renew a Permit.

 

                  (1)  If the Cook County Department of Public Health determines that a permit shall be denied, revoked, or not renewed pursuant to the Cook County Department of Public Health regulations, the Cook County Department of Public Health shall initiate a hearing in accordance with existing procedures.

 

                  (2)  Following the hearing, the hearing officer shall issue a written decision that contains a summary of the testimony and evidence considered and the reasons for the decision.

PROPOSED ORDINANCE continued

ITEM #5 cont’d

 

ARTICLE VII

 

UNAUTHORIZED PRACTICE OF BODY ART

 

7.1    Fines

 

The Cook County Board of Commissioners shall refer to the appropriate District Attorney, Attorney General, or other law enforcement official any incidents of unauthorized practice of body art.  Any person found by a court who has been operating without a permit is subject to a business offense with a fine up to $5,000 or one year in prison.  Any Person found by a court to have knowingly violated any provision of this Ordinance shall be fined up to $1,000.  Any person who knowingly furnished false or misleading information to the Cook County Department of Public Health, upon conviction shall be subject to a fine not to exceed $500 for any one offense.

 

ARTICLE VIII

 

SEVERABILITY

 

If any provision contained in the model regulations is deemed invalid for any reason, it shall be severed and shall not affect the validity of the remaining provisions.

 

ARTICLE IX

 

EFFECTIVE DATE

 

This Ordinance shall be effective immediately upon becoming law and shall remain in full force and effect unless amended or revoked by law.

_________________________

 

Commissioner Silvestri, seconded by Commissioner Maldonado, moved to suspend the rules so that this matter may be considered.  The motion carried unanimously.

 

Commissioner Collins, seconded by Commissioner Silvestri, moved that the Proposed Ordinance be referred to the Committee on Health and Hospitals Public Health Subcommittee.  (Comm. No. 262024).  The motion carried unanimously.

 

SOUTH SUBURBAN TAX REACTIVATION PROJECT

NO CASH BID REQUEST

ITEM #6

 

Transmitting a Communication, dated October, 20 2003 from

 

DEBORAH SIMS, Chairman, Finance Tax Delinquency Subcommittee

 

Submitting a request from

 

JAMES M. HOULIHAN, Cook County Assessor

by

GREG CARNEY, Project Director, South Suburban Tax Reactivation Project

 

Thank you for your assistance regarding our upcoming No Cash Bid Request for the Village of Phoenix.

 

SOUTH SUBURBAN TAX REACTIVATION PROJECT

NO CASH BID REQUEST continued

ITEM #6 cont’d

 

_________________________

 

Commissioner Silvestri, seconded by Commissioner Maldonado, moved to suspend the rules so that this matter may be considered.  The motion carried unanimously.

 

Commissioner Murphy, seconded by Commissioner Silvestri, moved that the communication be referred to the Committee on Finance Tax Delinquency Subcommittee.  (Comm. No. 262025).  The motion carried unanimously.

 

PROPOSED ORDINANCE AMENDMENT

ITEM #7

 

Submitting a Proposed Ordinance Amendment sponsored by

 

DEBORAH SIMS, County Commissioner

 

PROPOSED ORDINANCE AMENDMENT

 

AMENDMENT TO THE COOK COUNTY HUMAN RIGHTS ORDINANCE

 

WHEREAS, Cook County seeks to protect its citizens in the enjoyment of civil rights and to promote mutual understanding and respect among all who live within the County; and

 

WHEREAS, discrimination, prejudice, intolerance and bigotry directly and profoundly threaten the rights and freedom of Cook County residents; and

 

WHEREAS, Cook County has passed ordinances to protect the civil rights of those who live and work within the County, including the prohibition of discrimination based on source of income in rental real estate transactions; and

 

WHEREAS, the prohibition of discrimination based on source of income in rental real estate transactions does not protect persons with housing choice vouchers, participants in the federal Section 8 Housing Assistance Program (42 U.S.C. 1437f) from discrimination on the basis of their source of housing-related income; and

 

WHEREAS, the housing choice voucher program is the federal government's largest rental assistance program for providing aid to low-income households who need assistance with their rent as well as the primary source of rental assistance for Cook County residents; and

 

WHEREAS, discrimination against families, women, persons of color, persons with disabilities, and senior citizens who use housing choice vouchers to supplement their rental income is a pervasive and growing problem within Cook County, leading to the concentration of persons with housing choice vouchers in certain parts of Cook County, undermining economic and racial diversity, limiting where people can choose to live, forcing people to live far from work, and generally undermining the quality of lives; and

 

WHEREAS, in order to achieve racial and economic diversity throughout Cook County, and end the racial isolation and poverty concentration in certain parts of Cook County, prohibition against denying rental housing to housing choice voucher holders on the basis of their source of housing-related income is necessary.

 

NOW, THEREFORE, BE IT ORDAINED, in order to protect these citizens, the Cook County Board of Commissioners proposes that the term "source of income", shall be defined to include all lawful sources of income, including housing choice vouchers, as defined, and be added as an amendment to the Cook County Human Rights Ordinance (Ordinance No. 93-O-13, approved and adopted March 16, 1993); and

 

FURTHERMORE, it is proposed that various Sections of Ordinance No. 93-O-13, the Cook County Human Rights Ordinance, be amended as follows:

 

II.  DEFINITIONS

 

Whenever used in this Ordinance, unless otherwise defined herein:

 

(A)  "Age" means chronological age of not less than 40 years.

 

(B)  "Credit transaction” means the grant, denial, extension or termination of credit to an individual.

 

(C)  "Disability" means (1)  a physical or mental impairment that substantially limits one or more of the major life activities of an individual; (2)  a record of such an impairment; or (3)  being regarded as having such an impairment.  Excluded from this definition is an impairment relating to the illegal use, possession or distribution of "controlled substances" as defined in schedules I through V of the Controlled Substances Act (21 U.S.C. 812).

 

(D)  "Employee" means (1)  any individual whether paid or unpaid, engaged in employment for an employer; or (2)  an applicant for employment.

 

(E)  (1)  "Employer" means any person employing one or more employees, or seeking to employ one or more employees, (a)  if the person has its principal place of business within Cook County; or (b)  does business within Cook County.  (2)  "Employer" does not mean (a)  the government of the United States or a corporation wholly owned by the government of the United States; (b)  an Indian tribe or a corporation wholly owned by an Indian tribe; (c)  the government of the State of Illinois or any agency or department thereof; or (d)  the government of any municipality in Cook County.

 

(F)  "Employment" means the performance of services for an employer (1)  for remuneration; or (2)  as a volunteer; or (3)  as a participant in a training or apprenticeship program.

 

(G)  "Employment agency" means a person that undertakes to procure employees or opportunities to work for potential employees, through interviews, referrals, or advertising, or any combination thereof.

 

(H)  "Housing status” means the type of housing in which an individual resides, whether publicly or privately owned; an individual's ownership status with respect to the individual's residence; or the status of having or not having a fixed residence.

 

(I)  "Labor organization" includes any organization, labor union, or craft union, or any voluntary incorporated association designed to further the cause of the rights of union labor, which is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with an employer concerning grievances, terms or conditions of employment, or apprenticeships or applications for apprenticeships, or of other mutual aid or protection in connection with employment, including apprenticeships or applications for apprenticeships.

 

(J)  "Marital status" means the status of being single, married, divorced, separated, or widowed.

 

(K)  "Military discharge status" means the fact of having been discharged from the Armed Forces of the United States, their Reserve components or any National Guard or Naval Militia other than by a "dishonorable discharge".

 

(L)  "National origin" means the place in which an individual or one of his or her ancestors was born.

PROPOSED ORDINANCE AMENDMENT continued

ITEM #7 cont’d

 

(M)  "Parental status" means the status of living with one or more dependent minors or disabled children.

 

(N)  "Person" means one or more individuals; partnerships, associations, or organizations; labor organizations, labor unions, joint apprenticeship committees, or union labor associations; corporations; recipients of County funds; legal representatives, trusts, trustees in bankruptcy, or receivers; state governments other than that of Illinois; or commercial operations or entities controlled by governments other than those of Illinois, or of the United States.

 

(O)  "Public accommodation" means a person, place, business establishment, or agency that sells, leases, provides, or offers any product, facility, or service to the general public in Cook County, regardless of ownership or operation (1)  by a public body or agency; (2)  for or without regard to profit; or (3)  for a fee or not for a fee.  "Public accommodation" also means an institution, club, association, or other place of accommodation in Cook County, whether or not open to the general public, that has more than 400 members and provides regular meal service and regularly receives payment for dues, fees, accommodations, facilities, or services from or on behalf of nonmembers for the furtherance of trade or business.  "Public accommodation" also means any products, facilities, or services of a non-public accommodation that are made available in Cook County to the general public or to the customers or patrons of another establishment that is a public accommodation.

 

(P)  "Religion" means all aspects of religious observance and practice, as well as belief, or the actual identification with or perceived identification with a religion.

 

(Q)  "Sexual orientation" means the status or expression, whether actual or perceived, of heterosexuality, homosexuality, or bisexuality.

 

(R)  "Source of income" means the lawful manner by which an individual supports himself or herself and his or her dependents. "Source of income" means any lawful income, subsidy or benefit with which an individual supports himself or herself and his or her dependents, including, but not limited to, child support, maintenance, and any federal, state or local public assistance, medical assistance, or rental assistance program.

 

(S)  "Unlawful discrimination" means discrimination against a person because of the actual or perceived status, practice, or expression of that person's race, color, sex, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military discharge status, source of income, or housing status; or the actual or perceived association with such a person.

 

V.  PUBLIC ACCOMMODATIONS

 

(A)  PROHIBITION

 

No person that owns, leases, rents, operates, manages, or in any manner controls a public accommodation in Cook County shall withhold, deny, curtail, limit, or discriminate concerning the full use of such public accommodation by any individual on the basis of unlawful discrimination.

 

(B)  EXCEPTIONS

 

The prohibition contained in this Article V shall not apply to sex discrimination in any of the following:

 

      (1)  The prohibition contained in this Article V shall not apply to sex discrimination in any of the following:

 

            (a)  DISTINCTLY PRIVATE FACILITY.  Any facility that is distinctly private in nature, such as rest rooms, shower rooms, bath houses, dressing rooms, or health clubs.

 

            (b)  SLEEPING ROOMS.  Any facility that restricts rental of residential or sleeping rooms to individuals of one sex.

 

            (c)  EDUCATIONAL INSTITUTIONS.  Any educational institution that restricts enrollment of students to individuals of one sex.

PROPOSED ORDINANCE AMENDMENT continued

ITEM #7 cont’d

 

      (2)  The Cook County Commission on Human Rights ("Commission") as defined in Article X of this Ordinance shall adopt rules specifying any additional exceptions to the prohibition contained in this Article V based on bona fide considerations of public policy.

 

      (3)  Notwithstanding anything to the contrary contained in this Ordinance, nothing contained in this Article V shall require any person who does not participate in the federal Section 8 housing assistance program (42 U.S.C. 1437f) to accept any subsidy, payment assistance, voucher, or contribution under or in connection with such program or to lease or rent to any tenant or prospective tenant who is relying on such a subsidy, payment assistance, contribution, or voucher for payment of part of the rent for such place of accommodation.

 

(C)  SEXUAL HARASSMENT

 

No person who is, owns, leases, rents, operates, manages, or in any manner controls a public accommodation shall engage in sexual harassment affecting access to, participation in, or the full use of such public accommodation.  "Sexual harassment" means any unwelcome sexual advance, request for sexual favors, or conduct of a sexual nature when (1)  submission to such conduct is an explicit or implicit term or condition of an individual's access to, participation in, or full use of a public accommodation; or (2)  submission to or rejection of such conduct by an individual is used as the basis for any decision affecting the individual's access to, participation in, or full use of a public accommodation; or (3)  such conduct has the purpose or effect of substantially interfering with an individual's access to, participation in, or full use of any public accommodation or creating an intimidating, hostile, or offensive environment with respect thereto.

 

VI.  HOUSING

 

(A)  DEFINITIONS

 

Whenever used in this Article VI:

 

(1)  "Person" shall mean any person as defined in Article II (N) of this Ordinance that is also an owner, lessor, sublessor, assignor, managing agent, or other individual, firm, or corporation having the right to sell, rent, lease, or sublease any housing unit within Cook County, or any agent, broker, or other individual working on behalf of any such individual, firm, or corporation.

 

            (2)  "Real estate transaction" means the sale, exchange, rental, occupancy, lease, sublease, or lease renewal of real property for residential purposes in Cook County or the provision of services or utilities in connection with such sale, exchange, rental, occupancy, lease, sublease, or lease renewal. "Real estate transaction" also means with respect to activity conducted or property located in Cook County, the brokering or appraising of residential real property in Cook County and the making, purchasing, or guaranteeing of loans or mortgages or providing any other financial assistance either (a)  for purchasing, constructing, improving, repairing, or maintaining a dwelling or (b)  secured by residential real property.

 

(B)  PROHIBITIONS

 

         (1)  TERMS AND CONDITIONS.  No person shall make any distinction, discrimination, or restriction in the price, terms, conditions, or privileges of any real estate transaction, including the decision to engage in or renew any real estate transaction, on the basis of unlawful discrimination.

 

         (2)  DISCRIMINATORY COMMUNICATIONS.  No person shall publish, circulate, issue, or display, or cause to be published, circulated, issued, or displayed, any communication, notice, advertisement, sign or other writing of any kind relating to a real estate transaction which will indicate or express any unlawful limitation or discrimination on the basis of unlawful discrimination.

 

         (3)  LISTINGS.  No person shall deliberately and knowingly refuse examination of any listing of residential real property within Cook County to any individual because of unlawful discrimination.

 

         (4)  REPRESENTATIONS.  No person shall deliberately and knowingly represent to an individual that residential real property is not available for inspection, sale, rental, or lease in Cook County when in fact it is available, or fail to bring a residential real estate listing in Cook County to an individual's attention, or refuse to permit a person to inspect residential real property in Cook County because of unlawful discrimination.