121 CRMA Report – June 2018


SUBSTITUTE PROPOSAL FORTHCOMING

Members will recall that a proposal was introduced in Chicago’s City Council in June of 2017 that would accomplish the following: regulate how employers create and issue employee schedules, create a system for paying employees that are either sent home early or have their shifts cancelled, mandate that current employees be offered shifts before a new employee is hired and bar employees from closing the store and then opening the next morning.
That proposal has sat dormant since its introduction in the Council’s Rules Committee.
It is our understanding, after having a number of conversations in the past few weeks, that at tomorrow’s Council meeting, a substitute proposal will be introduced to limit the scope of the original proposal. Right now, the proposal applies to all employees making less than $50,000/year. The substitute would possibly limit the proposal’s application to employers that have more than 50 employees, and of those employers the proposal would apply to employees making less than $50,000/year.
If this is true, then that would mark an interesting change in policy for the city which included no such exemptions for the minimum wage and paid sick leave ordinances.
It has become clear that the UFCW, the labor union behind the proposal, has increased contact with Aldermen in the last few weeks and that they indeed plan to make this issue a factor for the upcoming 2019 Mayoral and Aldermanic elections. There are some Aldermen that have had recent success in attracting new restaurants into their wards, and they are concerned that the current proposal will hurt those businesses, so they want to exempt them.
We will take a good read of whatever is introduced tomorrow and send it to you for your thoughts. For our part, IRMA is continuing its discussions with Aldermen on this issue and working with like-minded business groups to defeat the proposal.
We will be in further contact with you shortly.

121 CRMA Report – May 2018


The following proposals of interest to retail have been introduced before the Chicago City Council.

EXPANSIVE DATE REGULATION
CELL-PHONE AND MOBILE DEVICE MERCHANTS
OFFICE OF LABOR STANDARDS
WATER COST SHIFT

EXPANSIVE DATA REGULATION

An ordinance introduced by Aldermen Ed Burke, Brian Hopkins, and Brendan Reilly seeks to regulate websites, data breaches, data brokers, cell phone and mobile device sellers, and geolocation information.

It seeks to prohibit anyone who owns a website from using, disclosing, selling or permitting access to customer personal information and includes additional requirements for data breaches and data brokers and mobile phone privacy. “Customer personal information” includes:

  • name and billing information;
  • government-issued identifiers;
  • information that would permit the physical or online contacting of an individual such as physical address, email, phone, or IP address;
  • demographic information such as date of birth, age, gender, race, ethnicity, nationality, religion, or sexual orientation;
  • financial information;
  • health information;
  • information pertaining to minors;
  • geolocation information;
  • information from use of the service including web browsing history, application usage history, content of communications, and origin and destination IP addresses of all traffic;
  • device identifiers, such as media access control (MAC) address or Internet mobile equipment identifier (IMEI);
  • information concerning a customer or user of the customer’s subscription or account that is collected or made available and is maintained in personal identifiable form.

However, if the customer gives the operator prior opt-in consent. The customer can revoke this option at any time and the operator must provide a clearly available option to do so at all times. The request for consent must disclose the following:

  • the types of customer personal information for which the operator is seeking customer approval to use, disclose, sell, or permit access;
  • the purposes for which the customer personal information will be used;
  • the categories of entities to which the operator intends to disclose, sell, or permit access to the customer personal information.

Interestingly, the operator cannot refuse to serve a customer, or in any way limit services to a customer, who does not provide consent or charge a customer a penalty, or penalize a customer in any way, or offer a customer a discount or another benefit based on the customer’s decision to provide or not provide consent.

An operator can use, disclose, or permit access to customer personal information without customer consent, but only to the extent necessary to achieve the stated purpose, in the following circumstances:

  • to provide the operator service from which information is derived, or services necessary to the provision of that service;
  • to comply with legal process or other laws, court orders, or administrative orders;
  • to initiate, render, bill for, and collect for the operator’s service;
  • to protect the rights or property of the operator, or to protect customers of those services and other operators from fraudulent, abusive, or unlawful use of, or subscription to, those services;
  • to provide location information concerning the customer in emergency situations.

Data breaches must be reported, without delay, to the Chicago Department of Business Affairs and Consumer Protection and affected Chicago residents.

Data brokers that maintain personal information shall register with the Chicago Department of Business Affairs and Consumer Protection.

In terms of cell phones and mobile devices, the proposed ordinance, requires retailers who sell cell phones or mobile devices to provide notices to customers with a notice that customers can disable such services. The notice must also be prominently displayed at any point of sale where phones or mobile devices are sold or leased. The content of the notice is proscribed in the proposed ordinance.

Finally, the proposed ordinance seeks to regulate the collection, use, storage, or disclosure of geolocation information without affirmative express consent. It does provide some exemptions from affirmative express consent.

In all the above instances, there are various penalties and courses of action available and regulatory authority is granted to the Chicago Department of Business Affairs and Consumer Protection. The ordinance will take effect 180-days after passage.

Please share with us your thoughts on these various proposals as soon as possible.

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CELL-PHONE AND MOBILE DEVICE MERCHANTS

Several years ago, the City of Chicago enacted an ordinance regulating food trucks including how far they had to be from an existing restaurant. Mayor Rahm Emanuel has proposed an ordinance to regulate mobile merchants. A few years ago, temporary regulations were put in place. To date, only six licenses for such truck have been issued. This proposal would formalize that licensure and regulation. Regulations include truck size restrictions, when and who can operate, and where they can park and for how long (2 hours). The major difference is unlike the regulations for food trucks there are no provisions restricting how far such trucks have to be from a retailer selling similar merchandise.

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OFFICE OF LABOR STANDARDS

Currently, there is no one agency responsible for the enforcement of labor laws within the City of Chicago. Alderman Ameya Pawar has introduced a proposal to combine such enforcement under an Office of Labor Standards. The new office would be empowered to:

1.     Promote Chicago’s labor standards through outreach, education, technical assistance and training for employees and employers;

2.     Collect and analyze federal, state, and local data on workforce and workplaces and coordinate enforcement;

3.     Engage in worker education, safety, and protection;

4.     Recommend efforts to achieve workplace equity for women, communities of color, immigrants, refugees, and other vulnerable workers;

5.     Otherwise enforce labor laws.

The Office will generate reports regarding complaints, cases, results of cases and enforcement actions, and anything else the Director deems appropriate. To the extent allowed by law, civil penalties and fines shall be allocated to the Office.

Return to Top

WATER COST SHIFT

Alderman Carlos Ramirez-Rosa has introduced a proposal to provide discounted or free water for residents of Chicago called “Water-For All”. The credit will vary by resident and will depend on a formula based on the resident’s income. Like property taxes, these costs will be universalized over the other rate-payers.

 

Rob KarrROB KARR
President & CEO
217-544-103-03
rkarr@irma.org

121 CRMA Report – April 2018

CHICAGO FOOD CODE RULES EFFECTIVE JULY 1st

Per previous CRMA communications, beginning July 1st, Chicago specific food safety rules take effect. Generally, they follow the federal model food code but there are some slight differences. The final rules can be found here and, for your convenience, a marked-up version noting the changes can be found here.

This is simply a reminder that they take effect July 1st. Please let us know if you have any questions.

 

INTRODUCTIONS AND ORDINANCES 

 

The following proposals of interest to retail have been introduced before the Chicago City Council.
  •        Expansive Date Regulation
  •        Cell-Phone and Mobile Device Merchants
  •        Office of Labor Standards
  •        Water Cost Shift
EXPANSIVE DATA REGULATION
An ordinance introduced by Aldermen Ed Burke, Brian Hopkins, and Brendan Reilly seeks to regulate websites, data breaches, data brokers, cell phone and mobile device sellers, and geolocation information.

 

It seeks to prohibit anyone who owns a website from using, disclosing, selling or permitting access to customer personal information and includes additional requirements for data breaches and data brokers and mobile phone privacy. “Customer personal information” includes:
  •        name and billing information;
  •        government-issued identifiers;
  •        information that would permit the physical or online contacting of an individual such as physical address, email, phone, or IP address;
  •        demographic information such as date of birth, age, gender, race, ethnicity, nationality, religion, or sexual orientation;
  •        financial information;
  •        health information;
  •        information pertaining to minors;
  •        geolocation information;
  •        information from use of the service including web browsing history, application usage history, content of communications, and origin and destination IP addresses of all traffic;
  •        device identifiers, such as media access control (MAC) address or Internet mobile equipment identifier (IMEI);
  •       information concerning a customer or user of the customer’s subscription or account that is collected or made available and is maintained in personal identifiable form.

 

However, if the customer gives the operator prior opt-in consent. The customer can revoke this option at any time and the operator must provide a clearly available option to do so at all times. The request for consent must disclose the following:

 

  •         the types of customer personal information for which the operator is seeking customer approval to use, disclose, sell, or permit access;
  •         the purposes for which the customer personal information will be used;
  •        the categories of entities to which the operator intends to disclose, sell, or permit access to the customer personal information.
Interestingly, the operator cannot refuse to serve a customer, or in any way limit services to a customer, who does not provide consent or charge a customer a penalty, or penalize a customer in any way, or offer a customer a discount or another benefit based on the customer’s decision to provide or not provide consent.
An operator can use, disclose, or permit access to customer personal information without customer consent, but only to the extent necessary to achieve the stated purpose, in the following circumstances:
  •        to provide the operator service from which information is derived, or services necessary to the provision of that service;
  •        to comply with legal process or other laws, court orders, or administrative orders;
  •        to initiate, render, bill for, and collect for the operator’s service;
  •        to protect the rights or property of the operator, or to protect customers of those services and other operators from fraudulent, abusive, or unlawful use of, or subscription to, those services;
  •       to provide location information concerning the customer in emergency situations.
Data breaches must be reported, without delay, to the Chicago Department of Business Affairs and Consumer Protection and affected Chicago residents.

 

Data brokers that maintain personal information shall register with the Chicago Department of Business Affairs and Consumer Protection.

 

In terms of cell phones and mobile devices, the proposed ordinance, requires retailers who sell cell phones or mobile devices to provide notices to customers with a notice that customers can disable such services. The notice must also be prominently displayed at any point of sale where phones or mobile devices are sold or leased. The content of the notice is proscribed in the proposed ordinance.

 

Finally, the proposed ordinance seeks to regulate the collection, use, storage, or disclosure of geolocation information without affirmative express consent. It does provide some exemptions from affirmative express consent.

 

In all the above instances, there are various penalties and courses of action available and regulatory authority is granted to the Chicago Department of Business Affairs and Consumer Protection. The ordinance will take effect 180-days after passage.

 

Please share with us your thoughts on these various proposals as soon as possible.

 

CELL-PHONE AND MOBILE DEVICE MERCHANTS

 

Several years ago, the City of Chicago enacted an ordinance regulating food trucks including how far they had to be from an existing restaurant. Mayor Rahm Emanuel has proposed an ordinance to regulate mobile merchants. A few years ago, temporary regulations were put in place. To date, only six licenses for such truck have been issued. This proposal would formalize that licensure and regulation. Regulations include truck size restrictions, when and who can operate, and where they can park and for how long (2 hours). The major difference is unlike the regulations for food trucks there are no provisions restricting how far such trucks have to be from a retailer selling similar merchandise.

 

OFFICE OF LABOR STANDARDS

 

Currently, there is no one agency responsible for the enforcement of labor laws within the City of Chicago. Alderman Ameya Pawar has introduced a proposal to combine such enforcement under an Office of Labor Standards. The new office would be empowered to:
1.     Promote Chicago’s labor standards through outreach, education, technical assistance and training for employees and employers;
2.     Collect and analyze federal, state, and local data on workforce and workplaces and coordinate enforcement;
3.     Engage in worker education, safety, and protection;
4.     Recommend efforts to achieve workplace equity for women, communities of color, immigrants, refugees, and other vulnerable workers;
5.     Otherwise enforce labor laws.
The Office will generate reports regarding complaints, cases, results of cases and enforcement actions, and anything else the Director deems appropriate. To the extent allowed by law, civil penalties and fines shall be allocated to the Office.

 

WATER COST SHIFT

 

Alderman Carlos Ramirez-Rosa has introduced a proposal to provide discounted or free water for residents of Chicago called “Water-For All”. The credit will vary by resident and will depend on a formula based on the resident’s income. Like property taxes, these costs will be universalized over the other rate-payers.

 

Rob KarrRob Karr
President & CEO
217-544-1003
rkarr@irma.org

121 CRMA Report – March 2018

CITY COUNCIL ORDINANCES AND RESOLUTIONS

INTRODUCTION

Mayor Rahm Emanuel has introduced a proposed ordinance that seeks to redefine “tobacco product”, ban free samples of tobacco products, and require signage. The definition of “tobacco product” is amended to include electronic cigarettes or any component or part thereof. Free samples are banned including the use of any price reduction instrument for any free or nominally priced tobacco product or sample. Additionally, it would require anyone selling tobacco products to post a sign at every public entrance warning potential customers of the dangers the adverse or potentially adverse effects of tobacco products as well as where individuals can obtain assistance in quitting. These signs would be developed by the Chicago Department of Public Health and made available for downloading and printing. The ordinance can be read here .

If you have comments, please contact Rob Karr, IRMA’s President/CEO, as soon as possible. Given this is the Mayor’s initiative and he is fervently anti-tobacco, this is expected to move very quickly.

Rob KarrCONTACT
Rob Karr
President & CEO
Illinois Retail Merchants Association
217-544-1003
rkarr@irma.org

121 CRMA Report – January 2018

In this issue

·     Resolutions and Ordinances

CITY COUNCIL ORDINANCES AND RESOLUTIONS

 INTRODUCTIONS

 RESOLUTION TO URGE THE CITY’S DISINVESTMENT IN FOSSIL FUEL COMPANIES

Sponsors: Ald. John Arena (45th Ward), Ald. Nicholas Sposato (38th Ward), Ald. David Moore (17th Ward) and 30 Co-Sponsors

Committee: Finance

Citing the negative impacts of global warming and pollution resulting from the burning of fossil fuels, this resolution seeks to engage in a public discussion regarding whether the city should continue to invest in companies that engage in such activity. In addition, it seeks to study the benefits of revising the city’s investment policy so that it only invests in companies that engage in what the sponsors consider to be practices that are environmentally-friendly, are socially responsible and promote good governance. To the extent that investment dollars are dis-invested in companies that do not meet these standards, the city’s Treasurer and the city’s pension funds would re-invest those dollars in such endeavors as green bonds and renewable bonds without abdicating any fiduciary responsibility.

PASSED LEGISLATION

COOK COUNTY RULES ISSUANCE CHANGES

EFFECTIVE DATE: Immediately

This ordinance will reduce the amount of time for posting rules and regulations issued by departments from the current 30 days to 10 days prior to taking effect, but will now require such rules and regulations to be posted on the appropriate department’s website. Unless the Rules Committee of the County Board suggests changes, the rules will be received and filed by the Committee.

The upside is that we are guaranteed that rules will appear in a public, searchable space, the downside is that those affected by the rules aren’t allowed any formal input into the process. This is transparency in name only.

The Chicago City Council is scheduled to meet again on Wednesday,
February 28, 2018 and the Cook County Board is scheduled to meet on Wednesday, February 7, 2018.

CONTACT

Tanya TricheTanya Triche Dawood
Vice President, General Counsel
Illinois Retail Merchants Association
312-726-4600
ttrichedawood@irma.org