4-156-800 Definition.

(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)

4-156-730 License – Application – Contents.

An application for a public place of amusement license to engage in the business of performing arts venue 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 performing arts venue, indicating the estimated occupancy, the estimated 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 and current telephone number of the applicant in the case of an individual; in the case of a partnership, the names, residence addresses, 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, 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, and residence addresses 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, 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, and residence addresses of all managers. If the applicant is a partnership, limited partnership, corporation, or limited liability company, 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 current 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; and

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

(c) 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 60 days after the change takes effect. The commissioner 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. 11-30-05, p. 62481, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 26)

4-156-740 Reserved.

Editor's note – Coun. J. 2-11-09, p. 54733, § 2, repealed § 4-156-740, which pertained to the optional collection of amusement tax on direct-to-home satellite service.

4-156-750 Reserved.

Editor's note – Coun. J. 2-11-09, p. 54733, § 2, repealed § 4-156-750, which pertained to customer billing information of direct-to-home satellite service.

ARTICLE VI. INDUSTRIAL PRIVATE EVENT VENUE (4-156-800 et seq.)

4-156-800 Definition.

As used in this Article, the following definitions apply:

(a) “Commissioner” means the commissioner of business affairs and consumer protection or the liquor commissioner, whichever is applicable.

(b) “Establishment” means any building or part of a building used or intended to be used to host a industrial venue event.

(1) the fundraising event:

(A) is a pre-arranged event held pursuant to a written contract, executed at least 24 hours in advance of the event, and meeting the requirements set forth in section 4-156-880(h);

(B) is sponsored by: (i) a not-for-profit organization for its own benefit or for the benefit of another not-for-profit organization, or (ii) an educational, fraternal, political, civic, or religious organization that has been in existence for at least three years prior to the event;

(C) is held in a room or other clearly delineated, separate physical space within the building for the exclusive use by persons invited to attend the event;

(D) is conducted in such a manner that the primary emphasis of the event is on the event itself or on its participants or beneficiaries and not on the consumption of alcohol or any entertainment provided; and

(E) does not include activities requiring adult use registration and certification under Chapter of this Code; and

(2) the licensee can demonstrate with reasonable evidence that the net funds generated by the event have been remitted within 14 calendar days of the event by the sponsor to the stated beneficiary of the event. “Net funds” means the total amount of funds generated by the event, minus: (i) a reasonable rental fee charged by the licensee for the event space; (ii) any reasonable costs incurred by the licensee in connection with the provision of alcohol, food, decorations or security for the event provided directly by the licensee or through a licensed caterer paid by the licensee; and (iii) any other legitimate costs incurred by the licensee as set forth by the commissioner in rules and regulations.

A fundraising event may be open to a sponsor's walk-in guests, who did not register or pay in advance to attend the event, so long as the occupancy of the space where the fundraising event is being held does not exceed the occupancy posted on the occupancy placards.

(d) “Manufacturing district” means: (1) any district designated as a manufacturing district under the zoning ordinance; (2) any planned manufacturing district as defined in Section (b); or (3) any industrial corridor as defined in the zoning ordinance.

(e) “Not-for-profit organization” means (1) any not-for-profit organization which has been in existence for at least three years prior to the fundraising event; (2) is registered in good standing with the State of Illinois as a not-for-profit corporation; and (3) qualifies for tax- exempt status under Section 501(c)(3) or 501(c)(4) of the United States Internal Revenue Code of 1986, as amended.

(f) “Industrial venue event” means a private event or a fundraising event held at an establishment that is licensed as a public place of amusement under this Article VI.

(g) “Private event” means an indoor private party, such as a wedding reception, bar mitzvah, bat mitzvah, birthday party, anniversary party, company holiday party or other company event:

(1) which is a pre-arranged event held pursuant to a written contract, executed at least 24 hours in advance of the event, meeting the requirements set forth in section 4-156-880(h);

(2) where no cover charge, no door entry fee, no admission fee, no minimum purchase requirement, no membership fee or any form of donation or other fee or charge is imposed on, or collected from, attendees for the privilege of attending the event or for the privilege of entering the establishment or portion of the establishment where the event is being held;

(3) that is by invitation only;

(4) that is limited to a finite number of invitees;

(5) that is not open to the general public;

(6) where the primary emphasis of the private event is on the event itself or on its participants or beneficiaries and not on the consumption of alcohol or any entertainment provided; and

(7) that does not include activities requiring adult use registration and certification under Chapter of this Code.

(Added Coun. J. 2-10-16, p. 18766, § 7; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 27)

Notes

16-16	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.
16-8-030	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.
16-16	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.

4-156-810 License Required.

(a) Unless specifically exempted in subsection (a) or (b) of this section, it shall be unlawful for the owner, lessee or manager of any establishment located in a manufacturing district to produce, present, conduct or host an industrial venue event without first having obtained a public place of amusement license under this Article VI to engage in the business of industrial private event venue, unless such owner, lessee or manager has obtained a public place of amusement license under Article III of this chapter. A public place of amusement license issued under this Article VI shall be known as an industrial private event venue license. Persons holding an industrial private event venue license shall comply with Article VI of this chapter.

The license issued under this Article authorizes: (1) the production, presentation or conduct of industrial venue events at establishments; (2) the production, presentation or conduct of amusements, including dancing, live or recorded music or other entertainment, but only in connection with an industrial venue event and in compliance with this Article; and (3) the temporary indoor sale at retail of alcoholic liquor for consumption on the premise incidental to conducting a industrial venue event at the establishment if the licensee was issued a consumption on the premises- incidental activity license under Chapter .

(b) No license under this Article shall be required if: (1) the establishment where the industrial venue event is held or conducted 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; (2) the sponsor of the event is affiliated with that church, temple, synagogue or other place of worship, or school; and (3) all required food, liquor and other licenses and permits have been obtained.

(c) A license under this Article shall be in addition to any other licenses and permits required by law, including, but not limited to, an outdoor special event permit issued under Section .

(d) It shall be unlawful for any person to hold, host or sponsor an industrial venue event at an establishment in a manufacturing district if the owner, lessee or manager of the establishment is required to obtain a license under this Article but has failed to do so.

(Added Coun. J. 2-10-16, p. 18766, § 7; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 28)

Notes

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.

4-156-820 Issuance of license – Prohibited when.

No public place of amusement license to engage in the business of industrial private event venue shall be issued under this Article VI unless all of the following requirements are met:

(a) the applicant is at least 21 years of age;

(b) the applicant has not had any of the following licenses or permits revoked for cause at any time, unless, upon request of the applicant, the commissioner determines that the applicant has been sufficiently rehabilitated to warrant the public trust:

(i) a public place of amusement license or license of any type issued under any Article of this chapter;

(ii) [Reserved];

(iii) a liquor license issued under Chapter 4-60;

(iv) an outdoor special event permit issued under Section ; or

(v) a retail food establishment license issued under Chapter .

The burden of proof of sufficient rehabilitation shall be on the person seeking such rehabilitation;

(c) the applicant has not been convicted of a felony under any state or federal law within the ten years prior to the date of the application, unless upon the request of the applicant, the commissioner determines that the applicant has been sufficiently rehabilitated to warrant the public trust. The burden of proof of sufficient rehabilitation shall be on the person seeking such rehabilitation;

(d) the establishment is located in: (1) a manufacturing district; and (2) a building in lawful existence for no less than 50 years prior to the effective date of this section;

(e) the applicant has obtained all occupancy placards required for the establishment under Section 13-84-410, and, in the case of a license renewal, has certified in writing that no modifications or alterations affecting the layout, floor plan, doorways, staircases, interior separations or other features of the establishment have been made that may affect occupancy limits; and

(f) either the department of buildings or fire department, pursuant to a coordinated inspection schedule, have inspected the establishment at least once during the preceding 12-month period and have determined that the establishment and building in which the establishment is located comply with all applicable life safety requirements of this Code. If, within the preceding 12-month period, the establishment and building in which the establishment is located were inspected either by the department of buildings or fire department in connection with a permit inspection, periodic inspection, code compliance inspection or certificate of occupancy, such inspection shall be deemed to meet the inspection requirement herein. The department of buildings and fire department are authorized to conduct such additional inspections as they deem necessary to maintain health and safety.

For any applicant other than a natural person, the above requirements shall apply to every principal officer and to any person owning, directly or indirectly, 25 percent or more of the interest in the applicant.

(Added Coun. J. 2-10-16, p. 18766, § 7; Amend Coun. J. 2-22-17, p. 43916, Art. VIII, § 13; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 29)

Notes

4-156-830 License – Application.

(a) In addition to the requirements in Section , an application for a public place of amusement license under this Article VI shall be accompanied by the following information:

(1) the name, address and telephone number of the person authorized by the applicant to accept all notices of violation and of license suspension or revocation and closure orders;

(2) the name, address and telephone number of the person authorized by the applicant to schedule all required inspections of the establishment;

(3) the certificate of insurance required by this Article;

(4) the indemnification agreement required by this Article;

(5) the certificate of occupancy and all other applicable certificates required by Chapter 13-36;

(6) a site plan that includes the location within the establishment where events will be held, the required exit diagrams, and floor plans for the events;

(7) proof of adequate off-street parking, as required by the zoning ordinance;

(8) the license fee;

(9) an affidavit, in a form satisfactory to the commissioner, verifying that all of the requirements have been met;

(10) an exterior safety plan in compliance with this Article;

(11) a statement as to whether the applicant has been convicted of a felony under any state or federal law within the ten years prior to the date of the application; and

(12) any other information that the commissioner may reasonably require.

(b) An application for a renewal of a license shall be accompanied by any information that the commissioner may reasonably require in rules and regulations.

(Added Coun. J. 2-10-16, p. 18766, § 7; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 30)

Notes

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