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(a) No public place of amusement license under this Article III shall be issued for any establishment within 200 feet of any church, temple, synagogue or other place of worship, hospital, or building used exclusively for educational purposes (for purposes of this section, collectively “affected institution”), unless the place to be licensed has been established as a public place of amusement under this Article III before the establishment of the affected institution. Said distance shall be measured from the nearest point of the premises for which application for a license has been made and the nearest point of the affected institution. This prohibition shall not apply to: (1) a performing arts venue, as defined in Article V of this chapter, or (2) the Chicago History Museum, or (3) the Bronzeville Children's Museum.
(b) The commissioner may grant a reduction of the distance requirement in subsection (a) if, based on a review of relevant factors, the commissioner concludes that such a reduction would not detrimentally impact the affected institution. The grant of a distance reduction shall not exempt the applicant from any application requirement associated with issuance of a public place of amusement license under this Article III.
(c) Factors which the commissioner may consider with regard to an application for a distance reduction include, by way of example and not limitation: (i) the type of amusement to be conducted and the days and times during which such activity will take place, (ii) the capacity of the venue, (iii) the availability of adequate parking for potential patrons, (iv) whether the sale or consumption of liquor will be associated with the amusement, (v) a report from the police regarding the location, as well as the history of activity conducted at or in conjunction with the venue and any associated infractions or violations of the municipal code, (vi) the relevant geography, (vii) the legal nature and history of the applicant, (viii) the measures the applicant proposes to implement to maintain quiet and security in conjunction with the amusement, and (ix) whether the affected institution supports or objects to the amusement.
(d) A person seeking a distance requirement reduction shall make a written submission to the commissioner, presenting all factors which the applicant believes to be relevant to whether a reduction is appropriate. The applicant shall provide a copy of the written submission to the affected institution. The commissioner shall review the materials and make a written determination within 60 days, which shall set forth the factors used in arriving at the determination. During the 60-day review period, the commissioner shall notify the affected alderman and solicit a recommendation based on the alderman's analysis of relevant factors, and may seek additional information or supplementary proof from the applicant, and may also solicit information from the community, including the affected institution.
If the commissioner denies the application for a reduction, the applicant, within fourteen days of receiving the denial, may request a hearing from the commissioner. Upon receiving such a request, the commissioner shall schedule and conduct a hearing expeditiously, and shall provide the affected institution with notice of and an opportunity to appear at the hearing. At the hearing the commissioner may receive written submissions, witness testimony, argument and documents regarding the application. The commissioner shall, within thirty days of the conclusion of the hearing, render a decision, which shall constitute a final determination for purposes of judicial review.
(e) If the commissioner grants the application for a reduction, those factors that were deemed by her to be relevant to the determination shall be included in a plan of conduct. If the public place of amusement license under this Article III is granted, the plan of conduct shall be deemed a part of the license, and compliance with the plan of conduct shall be a necessary condition to the continued validity of the license. Failure to comply with one or more elements of the plan of conduct shall subject the licensee to suspension or revocation of such public place of amusement license.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 1-12-94, p. 44537; Amend Coun. J. 3-23-94, p. 48165; Amend Coun. J. 7-2-97, p. 48017; Amend Coun. J. 7-9-03, p. 3932, § 1; Amend Coun. J. 11-30-05, p. 62481, § 2; Amend Coun. J. 5-9-07, p. 105047, § 9; Amend Coun. J. 2-6-08, p. 20723, § 1; Amend Coun. J. 2-6-08, p. 20725, § 1; Amend Coun. J. 7-9-08, p. 32608, § 1; Amend Coun. J. 3-18-09, p. 56101, § 1; Amend Coun. J. 5-12-10, p. 91343, § 3; Amend Coun. J. 11-17-10, p. 108065, § 1; Amend Coun. J. 12-14-11, p. 17747, § 1; Amend Coun. J. 4-10-13, p. 51227, § 1; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 13)