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)

4-156-320 License – Application – Approval conditions.

   (a)   Each application and all information required to be furnished in connection therewith or a copy thereof shall be referred for approval to the buildings commissioner, zoning administrator, and fire commissioner. The commissioner shall require the following individuals to submit to fingerprinting in order to determine whether the issuance of the license is prohibited pursuant to Section 4-156-355: the individual applicant; all officers of an applicant corporation; the three members who own the highest percentage interests of an applicant partnership; the general partners of an applicant limited partnership; the three members who own the highest percentage interests and, in the case of a member-managed limited liability company, the manager of an applicant limited liability company, unless the above listed individuals are already named on a valid liquor license or are named in a liquor license application that has been filed and is being processed for the same premises for which the public place of amusement license under this Article III is sought.

   (b)   After receiving zoning approval, an applicant for a public place of amusement license under this Article III shall pay the license fee at the time of filing the application. No later than 30 days after payment of the license fee, the applicant shall submit to the department all required documentation, as prescribed in rules, necessary to complete the application. If the applicant submits all the required documentation within the 30-day period, the commissioner shall review the application and documentation and any written objections to granting the license and shall approve or deny the application within 60 days after all required documentation has been submitted. If the applicant fails to submit all the required documentation within the 30-day period, the application shall be deemed to be incomplete and the commissioner shall suspend all further action on the application unless the applicant reactivates the application within six months after the original application was filed by: (1) submitting all required documentation necessary to complete the application, and (2) payment of a reactivation fee of $500.00.

   If the applicant reactivates the license application in accordance with this subsection, the commissioner shall review the application and documentation and any written objections to granting the license and shall approve or deny the application within 60 days after all required documentation has been submitted and the license application reactivation fee is paid.

   If the commissioner determines the application to be incomplete and the applicant fails to reactivate the application in accordance with this subsection, or if the applicant withdraws the application, the application shall expire and the applicant shall forfeit the license fee and any license application reactivation fee paid by the applicant.

   If the license application expires or is withdrawn, a new application for a public place of amusement license under this Article III, accompanied by the appropriate license fee, and all required documentation shall be required to obtain a license.

   (c)   The procedures for the denial of a license set forth in Chapter 4-4 shall apply to the denial under this Article III of an application for a public place of amusement license.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 7-2-97, p. 48017; Amend Coun. J. 5-9-07, p. 105047, § 9; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 4-10-13, p. 51217, § 2; Amend Coun. J. 5-18-16, p. 24131, § 16; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 11)

 

Notes

4-4

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4-156-321 Contingent approval.

   The commissioner is authorized to approve on a contingent basis a public place of amusement license under this Article III for any application that requires the approval of additional city departments. Upon receipt of a license application, the department shall forward the information to the commissioner and to appropriate departments for review. Upon completion of the commissioner's review, which shall be concluded within 90 days of the date the license fee was paid, the commissioner shall notify the applicant whether the applicant is approved to receive the described license for the subject premises contingent upon the applicant receiving the approval of other necessary departments, such as, but not limited to, the fire department, the department of health and the department of buildings. The contingent approval shall be valid for twelve months from the date of issuance, but the license shall not issue until all necessary approvals have been received. Nothing in this section shall be construed as authorizing the applicant to produce, present or conduct any amusement until a public place of amusement license under this Article III is issued.

(Added Coun. J. 4-10-13, p. 51217, § 2; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 12; Amend Coun. J. 3-28-18, p. 74459, Art. V, § 3)

4-156-330 Location restrictions.

   (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)

4-156-340 Written guaranty required.

   Before any public place of amusement license under this Article III is issued, the applicant shall execute a written undertaking conditioned that the taxes imposed upon any amusement at the licensed premises will be paid in the manner and at the times provided in Article I of this chapter.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 7-2-97, p. 48017; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 14)

4-156-350 Occupancy enforcement.

   No public place of amusement license under this Article III shall be issued unless the applicant certifies that, since the issuance of the most recent license and the most recent occupancy sign required to be posted on the licensed premises pursuant to Section 13-84-410 of this Code, neither the applicant nor any other person has made any modifications or alterations affecting the layout, floor plan, doorways, stairways, interior separations, or other features of the subject premises that may affect occupancy limits.

(Added Coun. J. 10-1-03, p. 9163, § 3.1; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 15)

4-156-355 License – Issuance prohibited.

   No public place of amusement license under this Article III shall be issued to:

   (1)   A person who has been convicted of a felony, within the past ten years, under any federal or state law;

   (2)   A person who knowingly files false or incomplete information on an application for a public place of amusement license under this Article III or any other document required by this Chapter 4-156;

   (3)   A person whose license, issued by the City of Chicago under any chapter of the Municipal Code of Chicago, has been revoked for cause within the past five years;

   (4)   A person who at the time of application for renewal of a public place of amusement license under this Article III would not be eligible for such license upon a first application;

   (5)   A corporation, partnership, limited partnership, or limited liability company, if any of the officers, substantial owners, members or other individuals required to be identified in the initial license application by Section 4-156-310(a) would not be eligible to receive a license hereunder;

   (6)   A corporation unless it is incorporated in Illinois, or unless it is a foreign corporation which is qualified under the “Business Corporation Act of 1983" to transact business in Illinois; provided that the corporation is not dissolved and is in good standing under the laws of the State of Illinois;

   (7)   A person who is not a beneficial owner of the business for which a license is sought;

   (8)   A person whose place of business is conducted by a manager or agent unless the person demonstrates that the manager or agent possesses the qualifications required to obtain a license hereunder; or

   (9)   A person whose public place of amusement license under this Article III has not undergone and passed a building inspection as required by Section 13-20-020 of this Code within the 90 days preceding the date of submission, every two years, of a renewal license application.

(Amend Coun. J. 7-2-97, p. 48017; Amend Coun. J. 10-1-03, p. 9163, § 3.2; Amend Coun. J. 11-15-06, p. 92532, § 1; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 16)

4-156-360 License – Fees.

   The license fee for each public place of amusement issued under this Article III shall be as set forth in Section 4-5-010 .

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 7-2-97, p. 48017; Amend Coun. J. 11-15-06, p. 92532, § 1; Amend Coun. J. 1-13-10, p. 83191, § 1; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 17)

 

Notes

4-5-010

The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.