4-156-830 License - Application.

(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

4-156-840 Notice.

(a) Within five days after receiving payment of the license fee for a public place of amusement license under this Article VI, the department shall cause a written notice to be sent to the alderman of the ward in which the premises described in the application is located.

(b) Within five days after receiving payment of the license fee, the applicant shall serve written notice by first class, registered or certified mail on all property owners within 500 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 500 feet away. The notice shall:

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

(2) identify the address of the establishment for which the license is sought:

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

(4) advise the recipient that any property owner within 500 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 that the commissioner 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 occupants of the surrounding area. The objection shall include the objector's name, address, signature and set forth in writing the grounds for the objection.

Any objection filed pursuant to this subsection shall be delivered to the department no later than 35 days after the date on which the license fee was paid.

(c) Within five days after payment of the license fee, the applicant shall cause to be posted at the premises for which the license is sought, in a place clearly visible from the public way, a notice stating: (1) that an application has been made for a public place of amusement license to engage in the business of industrial private event venue, (2) the date the license fee was paid, (3) the name of the applicant, and (4) the street number and location of the premises covered by the application. The notice shall also include the language required by subsection (b)(1) – (b)(4), inclusive, of this section.

(d) (1) 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.

(2) In addition to any other grounds for denial of a license application, the commissioner shall deny an application if the commissioner finds that:

(A) 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, 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 of this section if a licensee fails to comply with all requirements of the approved written plan of operation and shall subject the licensee to a fine pursuant to Section 4-156-950, or license suspension or revocation.

(B) 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 property owners within a radius of 500 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 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.

(e) 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. 2-10-16, p. 18766, § 7; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 31)

4-156-850 Denial of a license.

In addition to any other grounds for denial of a public place of amusement license under this Article VI, the commissioner shall deny an application for a license or a renewal of a license if:

(a) The applicant or licensee, or the licensed premises, fails to satisfy the requirements of this Article;

(b) The issuance of such a license would tend to create a law enforcement problem, result in or add to an undue concentration of licenses, or have a deleterious impact on the health, safety or welfare of the community in which the licensed establishment is located;

(c) The commissioner finds that the approval of the application would give rise to any of the adverse effects set forth in Section 4-156-840(b);

(d) The gross floor area of the establishment to be licensed is less than 15,000 square feet;

(e) The building in which the establishment is or will be located has been altered, modified, reconstructed, erected, or relocated in contravention of Section 13-32-220.

(Added Coun. J. 2-10-16, p. 18766, § 7; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 32)

4-156-860 License fee.

The license fee shall be as set forth in Section .

(Added Coun. J. 2-10-16, p. 18766, § 7)

Notes

4-156-870 Insurance – Required.

(a) Prior to the issuance of a public place of amusement license under this Article VI, each applicant shall furnish a certificate of insurance, issued by an insurer authorized to insure in Illinois, evidencing commercial general liability insurance, with limits of not less than $300,000.00 per occurrence for bodily injury and property damage arising in any way from the issuance of the license. Each policy of insurance required under this section shall include a provision requiring 10 days advance notice to the commissioner prior to cancellation or lapse of the policy, and shall name the city as additional insured.

(b) The insurance required under this section shall remain in full force and effect for the duration of the license period. The license shall be rendered void if at any time the insurance required by this section is not in force.

(Added Coun. J. 2-10-16, p. 18766, § 7; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 33)

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