4-156-305 License - Exceptions.

(a) Except as otherwise provided in this chapter, no person shall engage in any of the following business activities (“covered business activity”) without first having obtained a public place of amusement license under this Chapter 4-156 authorizing such person to engage in such covered business activity: (1) producing, presenting or conducting any amusement within the meaning of Section 4-156-300 in Article III of this chapter, or (2) producing, presenting or conducting any amusement within a performing arts venue within the meaning of Article V of this chapter, or (3) producing, presenting, conducting or hosting an industrial venue event within the meaning of Article VI of this chapter. The covered business activity authorized under a public place of amusement license shall be stated on the face of the license. Such covered business activity shall be governed by the Article(s) applicable to such covered business activity.

(b) No person shall engage in the business of indoor special event without first having obtained an indoor special event license under Article IV of this chapter.

(Added Coun. J. 4-19-17, p. 48180, Art. V, § 6)

4-156-290 Definition.

As used in this Article III, a public place of amusement means any building or part of a building, park or other grounds used or intended to be used for any amusement as defined in Article I of this chapter; provided that any entity which is licensed as a children's services facility pursuant to Chapter of this Code shall not be considered a public place of amusement.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-15-95, p. 11995; Amend Coun. J. 7-2-97, p. 48017; Amend Coun. J. 5-12-10, p. 91343, § 3; Amend Coun. J. 6-6-12, p. 28356, § 8; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 7)

Notes

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4-156-300 License – Required – Special requirements for establishments catering to minors.

(a) Unless specifically exempted in Section 4-156-305 or subsection (f) of this section, it shall be unlawful for the owner, lessee or manager of any property, or for any other person, to produce, present or conduct thereon, any amusement unless the owner, lessee or manager of such property has first obtained a public place of amusement license to engage in the business of public place of amusement. If an amusement is produced, presented or conducted on any property without such a valid public place of amusement license first having been obtained, and unless Section 4-156-305 or subsection (f) of this section applies, all of the following persons shall be in violation of this subsection: (1) the owner of the property, (2) the lessee of the property, (3) the manager of the property, (4) the producer of the amusement, (5) the presenter of the amusement and (6) the person conducting the amusement. Each person found in violation of this subsection (a) shall be subject to a fine of up to $10,000.00.

(b) If any part of the property is used or intended for use for any amusement, a public place of amusement license under this Article III shall be required, regardless of whether the use is incidental to the property's principal use.

(c) If more than one amusement is produced, presented or conducted at any single place or premises as part of a single business, only one public place of amusement license under this Article III shall be required.

(d) A public place of amusement license under this Article III shall be required for any public resort for underage persons which is designed, used or intended to be used primarily for participation by minors in entertainment or amusement primarily involving music, music videos and dancing. Examples of such resorts shall include but are not limited to a dry dance hall, nonalcohol bar, “dry cabaret”, “juice bar” or “teenage cabaret”. No public resort for underage persons, as defined herein, may operate between the hours of 2:00 a.m. and 11:00 a.m. or be eligible for a retail liquor license under Chapter of this Code.

(e) In addition to any other penalty provided by law, any violation of any requirement set forth in subsection (d) of this section or any rule promulgated thereunder may result in revocation of all city licenses pertaining to that establishment.

(f) No public place of amusement license under this Article III shall be required if: (1) the property is a church, temple, synagogue or other place of worship, or school which has been inspected pursuant to Section 13-20-020 within the 12-month period preceding the production, presentation or conduct of any amusement; and (2) the sponsor of the event is affiliated with the church, temple, synagogue or other place of worship, or school; and (3) all necessary food, liquor and other licenses and permits required by this Code have been obtained.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 7-13-94, p. 53392; Amend Coun. J. 7-2-97, p. 48017; Amend Coun. J. 5-17-00, p. 32887, § 1; Amend Coun. J. 10-6-05, p. 58166, § 1; Amend Coun. J. 5-9-12, p. 25460, § 2; Amend Coun. J. 5-9-12, p. 27485, § 79; Amend Coun. J. 11-8-12, p. 38872, § 102; Amend Coun. J. 4-10-13, p. 51217, § 2; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 8)

Notes

4-156-305 License – Exceptions.

No public place of amusement license under this Article III shall be required, if the only amusement to be produced, presented, or conducted is one or more of the following:

(a) single pool or billiard table regardless of whether players must pay to use the pool or billiard table;

(b) less than four automatic amusement devices; provided, however, that when calculating the number of automatic amusement devices, jukeboxes shall not be counted. A pool or billiard table shall be included when calculating the number of automatic amusement devices for purposes of this subsection if players must pay to use the pool or billiard table; provided that, in no case shall this subsection create an exemption for establishments which contain more than one pool or billiard table regardless of whether any payment is required;

(c) music, dancing or other amusement, if: (i) it is offered in a venue with a capacity of less than 100 persons; and (ii) no admission fee, minimum purchase requirement, membership fee or other fee or charge is imposed for the privilege of entering the premises or the portion of premises where the music, dancing or other amusement is provided or permitted;

(d) live or recorded music and dancing in a banquet hall, restaurant or similar establishment if: (i) the owner of the establishment possesses the necessary retail food establishment license; and (ii) the music and dancing is being presented in connection with an event which is not open or advertised to the general public, including a wedding, graduation, or religious celebration; and (iii) no admission fee, minimum purchase requirement, membership fee or other fee or charge is imposed for the privilege of entering the premises or the portion of premises where the music and dancing is provided or permitted;

(e) live or recorded readings from books or other publications available for sale within the premises of a retail seller of books or other publications, and the presentation of live or recorded music within the premises of a retail seller of printed or recorded music, if: (i) the owner of the establishment possesses the necessary retail establishment license; (ii) the retail activity conducted on the premises is not the sale of alcoholic liquor; and (iii) no admission fee, minimum purchase requirement, or other fee or charge is imposed for the privilege of entering the premises or the portion of premises where the reading or musical presentation takes place;

(f) instrumental music by an orchestra of not more than eight pieces in a hotel, restaurant or retail establishment if: (i) no dancing or other entertainment is permitted; and (ii) no admission fee, minimum purchase requirement, membership fee or other fee or charge is imposed for the privilege of entering the premises or the portion of premises where the music is provided or permitted;

(g) any amusement produced, presented or conducted on the premises owned or leased, for a minimum lease term of two years, by a private club or lodge that is produced, presented or conducted either (1) solely for its members and their guests, or (2) as part of a program to augment the support of the fine or performing arts by a club that has been in continuous existence for more than 50 years. For purposes of this subsection (g) “private club or lodge” means any not- for-profit association that: (i) has been in active and continuous existence for at least three years; and (ii) has a membership role of more than 50 bona fide members who pay membership dues on an annual or other periodic basis. For purposes of this subsection (g) “bona fide members” do not include members who pay membership dues at the time of an amusement produced, presented or conducted by the club or lodge or in conjunction with contracting for production, presentation or conduct of an amusement by the club, as a condition to entering the premises where the amusement is produced, presented or conducted. For purposes of clause (2) of this subsection (g), a private club's program of supporting the fine or performing arts must include offering residential facilities to performers or artists; offering a venue for practice and performances; and availability of facilities for the discussion, promotion and development of skills and interests in the fine or performing arts. A private club or lodge, at the request of the department of business affairs and consumer protection or the department of police, shall make available for inspection records and documents that provide evidence of its not-for-profit status and membership roles;

(h) paid television programming;

(i) a health club, racquetball club, tennis club or similar club or organization when such club or organization is organized and operated on a membership basis and for the recreational purposes of its members and its members' guests;

(j) an indoor special event licensed under Article IV; or

(k) an industrial venue event conducted at an establishment licensed as an industrial private event venue under Article VI.

For purposes of this section, when determining whether a venue has an occupancy of more than 100 persons, the total occupancy of all rooms or other occupancy areas of the premises of the business operating the amusement shall be calculated.

(Amend Coun. J. 7-2-97, p. 48017; Amend Coun. J. 12-15-99, p. 21529, § 1; Amend Coun. J. 6-6-01, p. 60078, § 1; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 10-6-05, p. 58166, § 2; Amend Coun. J. 11-15-06, p. 92532, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 2-10-16, p. 18766, § 5; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 9)

4-156-310 License – Application – Contents.

An application for said license shall be made in conformity with the general requirements of this Code relating to applications for licenses. Said application shall be signed under oath by the owner of the business for which a license is sought. If the owner is a corporation, the application shall be signed by an authorized officer of the corporation. If the owner is a partnership, the application shall be signed by a partner. If the owner is a limited liability company that is managed by managers, the application shall be signed by a manager. If the owner is a limited liability company managed by members, the application shall be signed by a member.

The application shall set forth the location and a description of the property used or intended for use as a public place of amusement, indicating the seating capacity and the floor area or ground area of the place, the types of amusements which the applicant intends to conduct on the property, and shall include the following:

(a) The name, residence address, current telephone number, and social security number of the applicant in the case of an individual; in the case of a partnership, the names, residence addresses, social security numbers, and percentage of interest therein of the three members who own the highest percentage interest in such partnership and of any other member who holds a 25 percent or more interest therein; in the case of a limited partnership, the names, residence addresses, social security numbers, and percentage interest therein of each general partner thereof; in the case of a corporation, the date of incorporation, the objects for which it was organized, a summary of its activities during the past year, and the names, residence addresses, and social security numbers of its principal officers, those stockholders who own 25 percent or more of its voting shares; in the case of a limited liability company, the date of its formation, the objects for which it was organized, a summary of its activities during the past year and the names, residence addresses, social security numbers and percentage of interest of the three members who own the highest percentage interests in such limited liability company, of any other member who holds a 25 percent or more interest therein and, if the limited liability company is manager-managed, the names, residence addresses and social security numbers of all managers; and in case of a club, the date of its incorporation, the objects for which it was organized, a summary of its activities during the past year, and the names, residence addresses, and social security numbers of the officers and directors. If the applicant is a partnership, limited partnership, corporation, limited liability company or club, the applicant shall also provide the current telephone number of its authorized agent;

(b) The name and address of the owner of the premises. If the premises are leased:

(1) a copy of the lease, unless the applicant already has a lease for premises on file with the department of business affairs and consumer protection and no changes have been made to the lease since it was filed;

(2) the name, address and telephone number of the owner of the premises, including the name and address of the beneficiary if title to the premises is held by a person as trustee and if known to the applicant;

(3) the name, address, social security number and telephone number of the manager of the premises;

(d) A statement as to whether the applicant has made application for a similar license on premises other than that described in the application and the disposition of such application;

If a change in any information required in this section occurs at any time during a license period, the licensee shall file a statement, executed in the same manner as an application, indicating the nature and effective date of the change. The supplemental statement shall be filed within ten days after the change takes effect. The department of business affairs and consumer protection shall take measures to prevent disclosure of confidential information required under this section and not subject to disclosure under the Illinois Freedom of Information Act to persons outside the government.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 12-15-93, p. 43968; Amend Coun. J. 4-13-94, p. 48596; Amend Coun. J. 7-2-97, p. 48017; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5)

4-156-311 Notice requirements; objections.

(a) Within five days after payment of the license fee for a public place of amusement license under this Article III, the department of business affairs and consumer protection shall cause a written notice to be sent to the alderman of the ward in which the premises described in the application is located, providing the information specified in Section 4-156-310 and the current telephone number of the applicant.

(b) Within five days after payment of the license fee, the department of business affairs and consumer protection shall serve written notice by first class, registered or certified mail on all legal voters residing within 250 feet of the location for which the license is sought. The measurement of such area shall be made from the boundaries of the premises described in the application for which the license is sought, to a radius of 250 feet away. The notice shall:

(1) identify the license being sought and state the name of the applicant;

(2) identify the address of the premises for which the license is sought;

(3) identify the date on which the license fee was paid; and

(4) advise the recipient that any legal voter residing within 250 feet of the location for which the license is sought may file an objection with the commissioner no later than 35 days after the date the license fee was paid, requesting the commissioner to deny the application on the grounds that the license would have an adverse effect on: (i) the value of the property in the surrounding area; (ii) other commercial or industrial enterprises in the surrounding area; (iii) traffic-flow or parking within the surrounding area; (iv) the character of the surrounding area because of the hours of operation or use; or (v) the health, safety or welfare of the surrounding area. The objection shall be in writing signed by the objector and include the objector's name and address and set forth the grounds for the objection.

(c) Within five days after payment of the license fee, the applicant shall cause to be posted at the location of the premises for which the license is sought, in a place clearly visible from the public way, a notice stating that an application has been made for a public place of amusement license, the date the license fee was paid, the name of the applicant and the street number and location of the premises covered by the application. The notice shall also include the language required by subsection (b)(1) – (4) of this section.

(d) (1) Any objection filed pursuant to subsection (b) shall be delivered to the department no later than 35 days after the date on which the license was paid and shall set forth the grounds for the objection.

(2) The commissioner shall review the application materials, including any objections. The review period for the application shall be no less than 35 days and no more than 90 days after the date the license fee was paid.

(3) (A) The commissioner shall deny an application if the commissioner finds that the approval of the application would give rise to any of the adverse effects set forth in subsection (b). When an application is denied under this subsection (d)(3)(A), the commissioner shall send a written notice to the applicant of the findings which are the basis of the denial and advise the applicant that the applicant may submit a plan of operation within 20 days of the notice. If the applicant submits a plan of operation within the 20-day period, the time for a final ruling on the application shall be extended until 35 days after the date the plan of operation was submitted. A plan of operation may include conditions upon the applicant's operation of the premises that are useful or necessary to mitigate the adverse effects, including but not limited to providing security personnel, restricted hours of operation, providing outdoor lighting, the display of signs, providing trash pickup services, or any other reasonable restrictions on business practices. It shall be a violation if a licensee fails to comply with all requirements of the approved written plan of operation and subject the licensee to a fine pursuant to Section 4-156-700, or license suspension or revocation.

(B) For any application for which the license fee is paid on or after March 13, 2013, in addition to any other grounds for denial of an application set forth in this section, the commissioner shall deny an application if the commissioner finds that within the two-year period prior to the date of the application, the premises identified in the application was identified in a prior application for a substantially similar business and the prior application was denied for a finding of an adverse effect on the surrounding area under this section or another similar provision; provided that the commissioner may approve an application if an applicant can prove by clear and convincing evidence that the issuance of the license will not have an adverse effect on the surrounding area. The commissioner shall send a written notice to the applicant of the findings which are the basis of the denial under this subsection and advise the applicant that the applicant may submit evidence that the issuance of the license will not have an adverse effect on the surrounding area within 20 days of the notice. The evidence may include, but is not limited to:

(i) a petition with the written support of a majority of the legal voters registered within a radius of 250 feet from the boundaries of the premises for which a license is sought;

(ii) a traffic study or traffic management plan which sets forth methods to mitigate any potential adverse effect on traffic flow or parking in the surrounding area; or

(iii) a plan of operation to mitigate any of the adverse effects on the surrounding area which the commissioner found was a basis for a denial pursuant to this section.

If the applicant submits the evidence that the issuance of the license will not have an adverse effect on the surrounding area within the 20-day period, the time for a final ruling on the application shall be extended until 35 days after the date the evidence was submitted.

(4) This section shall not limit the authority of the city or a department or agency of the city to seek denial of an application on the basis of other applicable law.

(Added Coun. J. 9-14-94, p. 56297; Amend Coun. J. 7-2-97, p. 48017; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 11-5-08, p. 43677, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 6-6-12, p. 28356, § 9; Amend Coun. J. 4-10-13, p. 51217, § 2; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 10)

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