4-156-870 Insurance

(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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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)

4-156-875 License – Posting – Transferability – Notice of changes.

(a) Every license issued pursuant to this Article shall be posted in a conspicuous place on the licensed premises.

(b) No transfer of ownership shall be allowed on any license issued under this Article.

(c) It is a condition of the license that information in the application be kept current. Any change in required information shall be reported to the commissioner without delay.

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

4-156-880 Legal duties.

A licensee under this Article VI shall have the following duties:

(a) to designate a person who shall be:

(1) present at all times during the industrial venue event and be responsible for ensuring compliance with all applicable rules and regulations; and

(2) responsible for accepting all notices of violation and of license suspension or revocation and closure orders;

(b) to post, in a conspicuous place, a site plan of the establishment, drawn to scale, where events will occur. At a minimum, the site plan shall include exit diagrams, all entrances to and exits from the establishment identifying all means of egress from the establishment, including the location of all available exits and, if applicable, all floor-by-floor corridors, stairways, evacuation routes, areas of rescue assistance and elevator lobbies. Each site plan shall measure not less than 11 inches in width by 17 inches in height, and shall be (i) made of durable material; (ii) illuminated; and (iii) substantially secured to a wall or partition;

(c) to post, in a conspicuous place, occupancy placards, reflecting the approved site and site plan for the establishment, in accordance with Section 13-84-410;

(d) to ensure that each vendor, exhibitor or pop-up retail user participating in the event has and posts all licenses required by law;

(e) to maintain sanitary conditions in any area where food for the event is prepared, served or stored, or where glasses or utensils used in the service of alcoholic liquor and other beverages are kept and cleaned;

(f) to provide and maintain in sanitary condition proper and sufficient toilet facilities, consisting of water closets or chemical closets equipped with a sink or hand-sanitizer-gel-dispensers, for use by persons attending the event;

(g) to develop and implement an exterior safety plan meeting the requirements of this subsection. Such plan must prevent the following conditions: (1) excessive noise caused by persons leaving or entering the industrial venue event; (2) loitering or littering by such persons; (3) fighting or other criminal activity by such persons; and (4) the congregation of arrival or departure of persons in such numbers as to unreasonably impede traffic flow.

The plan shall provide evidence satisfactory to the commissioner of: (i) the installation of adequate exterior lighting in accordance with rules prescribed by the commissioner; (ii) the installation and maintenance of surveillance cameras installed at each building exit utilized by persons attending the industrial venue event, which shall be employed and lighted in such a manner to identify persons entering or exiting the building at least one hour before, during, and one hour after the industrial venue event; and (iii) the employment of adequately trained security personnel in accordance with rules prescribed by the commissioner. Recordings from the surveillance cameras required under this subsection shall be maintained by the licensee for not less than 30 days.

The existence of any conditions set forth in items (1) through (4) of this subsection shall be prima facie evidence that the exterior safety plan has not been adequately maintained and implemented.

The licensee shall obtain all necessary permits, including a public way use permit if applicable; provided that, notwithstanding any other provision of the code to the contrary, no fee for a public way use permit will be imposed when the permit is for any camera installed pursuant to this subsection solely because the camera or its wiring is in any portion of the public way.

(h) to enter into a written contract, which shall be executed at least 24 hours in advance of the industrial venue event, with the sponsor of the event. Such contract, at a minimum, shall include the following information about the industrial venue event:

(1) the licensee's license number;

(2) if any other license or permit is required for the event, the applicable license or permit number;

(3) the name and mobile phone number of the person designated by the licensee to be present at all times during the event;

(4) the number of security personnel, if any, that will be present during the event and the name of the employer of such security personnel;

(5) the respective responsibilities, functions, duties and rights of the parties to the contract required under this subsection;

(6) the date, location, and hours of operation of the industrial venue event;

(7) a provision notifying the sponsor of the event that:

(A) the sponsor's communications about the event to invitees, whether by printed invitation or by electronic or social media or other means, shall be limited to a finite number of people;

(B) on the day of the event, the maximum occupancy of the space where the event will be held shall not be exceeded under any circumstance; and

(C) the licensee's legal obligations under the Illinois Liquor Control Act or this code may require the licensee to cancel or alter the nature of the event if the sponsor fails to comply with the requirements in this Article.

(i) to maintain on file, for a period of at least three years after the date on which the industrial venue event is held, a copy of the contract required under subsection (h), and, on the day of the event, to keep a copy of the contract on site at the event; and

(j) to ensure that any vendor, exhibitor or pop-up retail user participating in an industrial venue event has, and posts, all licenses required by law.

(Added Coun. J. 2-10-16, p. 18766, § 7; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 34; Amend Coun. J. 9-20-18, p. 84293, § 11)

4-156-890 Unlawful acts.

It shall be unlawful for any licensee under this Article VI to do the following at the licensed establishment:

(a) to exceed the establishment's occupancy, as indicated on the posted occupancy placards;

(b) to conduct, or permit the conduct of, any activity at a industrial venue event requiring adult use registration and certification under Chapter of this Code;

(c) to permit any industrial venue event to be held before 4 p.m., on Monday through Friday, unless the industrial venue event is a luncheon or conference without entertainment;

(d) to permit any industrial venue event to be held before 7:00 a.m. on Saturday or 10:00 a.m. on Sunday;

(e) to permit any industrial venue event to be held or continue after 12:01 a.m. on Monday through Friday, or after 2:00 a.m. on Saturday or Sunday;

(f) to sell alcoholic liquor or present amusements outside any location approved in the site plan;

(g) to permit any patron, quest, invitee or attendee of any industrial venue event to bring into the establishment alcoholic liquor that was not purchased or otherwise obtained from the licensee or a licensed caterer retained to cater the event;

(h) to permit any patron, quest, invitee or attendee of any industrial venue event in any location of the building other than those locations designated in the approved site plan; or

(i) to permit the retail sale of alcohol at the licensed premises:

(1) to any person other than a patron, guest, invitee or attendee of a industrial venue event; or

(2) at any time other than during an industrial venue event.

(Added Coun. J. 2-10-16, p. 18766, § 7; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 35)

Notes

4-156-900 License – Suspension – Revocation.

The commissioner may at any time suspend or revoke any license issued under this Article in accordance with Section if the industrial venue event is being conducted in violation of this code, or any other applicable law, or if such suspension or revocation is necessary to preserve the health or safety of the public. At the time of the suspension or revocation, notice of the suspension or revocation with the reasons therefor shall be mailed to or served upon the licensee or any person designated by the licensee pursuant to Section 4-156-830(a)(1). Unless the license will expire by its own terms before a hearing can be reasonably scheduled, no such suspension or revocation shall take effect until the licensee has been given notice and an opportunity to be heard in accordance with rules and regulations promulgated by the department. If necessary to prevent an immediate threat to the health or safety of the public, the commissioner shall order the licensee to cease operation of the industrial venue event pending the outcome of the hearing.

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

Notes

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