4-156-670 Judicial review.

   Any action of the commissioner in denying or revoking a license under this article shall be subject to judicial review as provided by law.

(Added Coun. J. 10-6-05, p. 58166, § 3; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5)

4-156-680 Regulations.

   The commissioner shall have the authority to promulgate rules and regulations necessary to implement this Article. Notice of any rules and regulations promulgated pursuant to this Article shall be published, and such rules and regulations shall be kept on file in the office of the commissioner and made available to the public for inspection and copying during normal business hours.

(Added Coun. J. 10-6-05, p. 58166, § 3; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 2-10-16, p. 18766, § 6)

4-156-700 Violation – Penalty.

   Except as otherwise provided in this Article, any person violating any of the requirements of this Article shall be subject to a fine of not more than $10,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.

(Added Coun. J. 10-6-05, p. 58166, § 3; Amend Coun. J. 2-10-16, p. 18766, § 6)

ARTICLE V. PERFORMING ARTS VENUES* (4-156-710 et seq.)

* Editor's note – Coun. J. 11-30-05, p. 62481, § 1, amended the Code by adding provisions designated as a new Art. IV, §§ 4-156-530, 4-156-535, 4-156-540. Inasmuch as Art. IV already exists, at the discretion of the editor said provisions have been codified as a new Art. V, §§ 4-156-710 – 4-156-730.

4-156-710 Definitions.

   “Performing arts venue” or “arts venue” means a building or portion thereof in which the aggregate maximum occupancy of all performance spaces within the building is less than 500 persons and which is used by an organization for live theatrical and other live cultural performances. If the organization is operating as an incidental use in a building that is primarily used in the conduct of activities of a religious, philanthropic, educational, eleemosynary or other not-for-profit organization, the aggregate maximum occupancy of all performance spaces within the building shall be less than 1,000 persons.

   “Performance space” means the portion of the premises where the live theatrical or other live cultural performance is provided or permitted, and does not include any hallway, lobby, or public restroom.

   “Premises”, for the purposes of this Article V only, means the area to be licensed.

(Added Coun. J. 11-30-05, p. 62481, § 1; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 24)

4-156-720 License – Required.

   (a)   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 within a performing arts venue unless the owner, lessee or manager of such property has first obtained a public place of amusement license authorizing such person to engage in the business of performing arts venue. Such public place of amusement license shall be known as a performing arts venue license or “arts venue license”. Persons holding such a public place of amusement license shall be subject to Article V of this chapter.

   (b)   Except as otherwise provided in this Article V, a public place of amusement license authorizing a licensee to engage in the business of performing arts venue shall be subject to the same restrictions and requirements that apply to a public place of amusement license issued under Article III of this chapter. In the event of a conflict between any provision in Article III of this chapter and the provisions of this Article V, the provisions of Article V shall apply.

   (c)   No public place of amusement license under this Article V shall be required if the only amusement to be produced, presented or conducted is: (i) offered in a performance space 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 amusement is provided or permitted. Donations that are solicited strictly on a voluntary basis may be accepted by a venue under this subsection only if the venue posts a sign, no less than eight and one-half inches by 11 inches, in a conspicuous place near the entrance of the venue stating, “Under Section 4-156-720 of the Municipal Code of Chicago, this performing arts venue may not charge an admission fee, minimum purchase requirement, membership fee, or other fee or charge imposed for the privilege of entering the premises. Any donations are purely voluntary”.

(Added Coun. J. 11-30-05, p. 62481, § 1; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 25)