4-388-010 Definitions.

   Whenever used in this chapter the following words and phrases shall have the following meanings:

   (a)   “Rooftops” means for any building in the Wrigley Field Adjacent Area in which a special club license is located: (i) the roof of the building and any enclosed area, deck or other structure on or above the roof of the building; and (ii) the upper enclosed floor directly below the roof of the building.

   (b)   “Wrigley Field Adjacent Area” means only that property included inside the following boundary line: the alley next north of and parallel to West Waveland Avenue; North Kenmore Avenue; a line 29.15 feet north of West Waveland Avenue; the alley next west of and parallel to North Sheffield Avenue; a line 79.4 feet north of West Waveland Avenue; North Sheffield Avenue; West Waveland Avenue; the westerly right-of-way of the Chicago Transit Authority elevated structure; West Addison Street; North Sheffield Avenue; West Waveland Avenue; and North Seminary Avenue.

   (c)   “Special club license” means a license, issued by the commissioner of business affairs and consumer protection, giving the license holder the rights specified in this chapter.

   (d)   “Commissioner” means the commissioner of business affairs and consumer protection of the City of Chicago.

   (e)   “Day-of-event admission sales” means any sale or transfer of ownership of a right-of-access to a rooftop that occurs on the same day that the right-of- access is eligible to be used, redeemed, or otherwise utilized for admission to a rooftop.

   (f)   “Game days” means any date in which a major league baseball game is scheduled to be played at Wrigley Field. “Game days” include all scheduled Chicago Cubs regular season home games at Wrigley Field, all scheduled Chicago Cubs playoff home games at Wrigley Field, and the major league baseball All-Star Game, if played at Wrigley Field.

   (g)   To “sell food, beer and wine” means the sale of food, beer and wine and the service of food, beer and wine as part of the rights granted in the special club license as specified in this chapter.

   (h)   “Roof level” means the roof of the building, and any deck, seating structure or other structure located on, or extending above, the roof.

(Added Coun. J. 5-20-98, p. 69285; Amend Coun. J. 1-20-99, p. 88459; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 1-11-06, p. 68371, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5)

4-388-020 Sale of food, beer and wine – Permitted.

   Notwithstanding any other provision of the Municipal Code, a special club licensee may sell rooftop admission rights and sell food, beer and wine on rooftops in the Wrigley Field Adjacent Area in accordance with the provisions of this chapter. The sale or service by a special club licensee of any alcoholic beverage or liquor other than beer or wine is not permitted under a special club license at any time. A special club licensee shall be required to own no other City of Chicago licenses to conduct the activities delineated in this ordinance other than the “special club license” as defined in this ordinance.

(Added Coun. J. 5-20-98, p. 69285; Amend Coun. J. 1-20-99, p. 88459)

4-388-030 License – Required.

   No person shall sell rooftop admission rights, or sell food, beer or wine on rooftops in the Wrigley Field Adjacent Area without first having obtained a special club license. A special club license may be obtained only by a person who maintains the right to possession of a rooftop in the Wrigley Field Adjacent Area, either through ownership of a building, lease of a building, or lease of a rooftop.

(Added Coun. J. 5-20-98, p. 69285; Amend Coun. J. 1-20-99, p. 88459)

4-388-040 Fees.

   The license fee, payable every two years, for a special club license as defined in this ordinance shall be $1,000.00.

(Added Coun. J. 5-20-98, p. 69285; Amend Coun. J. 1-20-99, p. 88459; Amend Coun. J. 11-15-06, p. 92532, § 1)

4-388-050 Special club license – Application – Contents.

   Application for a special club license shall be made in writing on a form provided by the commissioner, and signed under oath by the applicant. If the applicant is a corporation, a duly authorized agent shall sign the application. If the owner is a partnership, the application shall be signed by the partners. The application shall set forth the location and a description of the property used or intended for use by the special club licensee, indicating the seating capacity and rooftop location, and shall contain the following information:

   (a)   the full name and current telephone number of the applicant in the case of an individual; in the case of a partnership, the name and addresses of all persons entitled to share in the profits thereof, in the case of a corporation, the names and addresses of the directors, officers, all persons owning directly or beneficially more than five percent of the corporation and the person operating as manager of the premises; and in the case of a club, the date of its incorporation, the objectives for which it was organized, and the names and addresses of the officers and directors and the person operating as manager. If the applicant is a partnership, corporation or club, 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 lease;

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

   (c)   a statement whether the applicant has made application for a business license on premises other than that described in the application, and the disposition of such application;

   (d)   any such other information as may be required by the commissioner;

   (e)   $1,000.00 special club license fee; and

   (f)   a statement from an engineer that complies with the requirements of Section 4-388-210 of this chapter; provided that this statement shall only be required for initial license applications, and shall not be required for renewals or transfers of special club licenses, except as provided in Section 4-388-070(c).

   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 ten days after the change takes effect.

(Added Coun. J. 5-20-98, p. 69285; Amend Coun. J. 1-20-99, p. 88459; Amend Coun. J. 1-11-06, p. 68371, § 1; Amend Coun. J. 11-15-06, p. 92532, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5)

4-388-060 Special club license – Application – Approval conditions.

   (a)   Each application and all information required to be furnished in connection therewith or a copy thereof shall be referred to the building commissioner, zoning administrator, and fire commissioner, all of whom shall conduct an inspection of the building, including the proposed licensed location and all other uses in the building, for compliance with the applicable provisions of the Municipal Code.

   (b)   Within 21 days after receipt of the application or copy thereof, each officer shall certify to the department of business affairs and consumer protection whether or not the specified place complies in every respect with the applicable provisions of this Code relating to his department. Owners of buildings that vary from the building provisions of the Municipal Code may seek an approval of suitability from the committee on standards and tests, pursuant to Chapter 13-16. The department of business affairs and consumer protection shall review the application and the reports of the officers and, if approved, shall transmit its approval to the commissioner of business affairs and consumer protection, who shall issue a special club license if all applicable Municipal Code requirements are satisfied.

(Added Coun. J. 5-20-98, p. 69285; Amend Coun. J. 1-20-99, p. 88459; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 1-11-06, p. 68371, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 5-18-16, p. 24131, § 21)

4-388-065 License issuance prohibited – Additional building requirements.

   No special club license shall be issued, transferred or renewed unless the entire building in which the special club license is located complies with all the applicable code provisions or has received approval of suitability from the committee on standards and tests, and meets the following additional requirements:

   (a)   no later than January 1, 2008, the entire building shall be protected throughout by an automatic sprinkler system that meets the requirements of Chapter 15-16, or NFPA 13 2002;

   (b)   the building shall have at least two separate exits accessible by the rooftop and every floor of the building. At least one exit shall have enclosed stairs; provided that any open stairs shall comply with Section 15-8-324 of this code;

   (c)   no later than January 1, 2008, the building shall be equipped with System II emergency lighting that shall be located throughout all areas of the building;

   (d)   the area licensed as a special club license must be separated from the remaining areas of the building by means of a two-hour fire rated assembly. Every structural system supporting any appurtenances on the roof shall be built of noncombustible two-hour fire rated construction capable of sustaining all dead and superimposed live loads; and

   (e)   every deck built over the roof of the building shall be a noncombustible deck surface supported by noncombustible supports; provided that the provisions of this subsection shall not apply to any deck built prior to the effective date of this amendatory ordinance if the rooftop, deck and the structural supporting systems have received an approval of suitability from the committee on standards and tests; provided further that if any alterations or modifications are made to the rooftop, or to the building's layout, floor plan, doorways, stairways, interior separations, or ant other feature that may affect structural loading or occupancy limits, then the provisions of this subsection shall be applicable.

(Added Coun. J. 1-11-06, p. 68371, § 1)

4-388-070 Special club license – Term/renewal/transfer of interest.

   (a)   A special club license shall be issued every two years by the commissioner, and shall be valid only from March 1 through November 10 of each calendar year in which it is valid. Transfer of ownership shall be allowed on any special club license. Renewals, expansions pursuant to Section 4-60-110 , and transfers of special club licenses shall be granted by the commissioner, provided that the applicant has satisfied all legal requirements and in accordance with applicable law.

   (b)   No license shall be renewed or transferred unless the building has undergone and passed an annual inspection pursuant to Section 4-388-075.

   (c)   No license shall be renewed or transferred unless the applicant certifies that, since the issuance of the most recent license: (i) no modifications or alterations have been made to the building's layout, floor plan, doorways, stairways, interior separations, or any other feature that may affect occupancy limits or structural loading; or (ii) the applicant has complied with the requirements of Section 4-388-210(b).

(Added Coun. J. 5-20-98, p. 69285; Amend Coun. J. 1-20-99, p. 88459; Amend Coun. J. 1-11-06, p. 68371, § 1; Amend Coun. J. 11-15-06, p. 92532, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5)

 

Notes

4-60-110

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4-388-075 Annual inspections.

   Either the building commissioner or fire commissioner shall conduct an annual inspection of the building, pursuant to a coordinated inspection schedule, including the special club license location and all other uses in the building, for compliance with the applicable provisions of the Municipal Code. The annual inspection shall be performed within 90 days preceding the annual effective date of the license. If, within the 12-month period prior to the date of any inspection required under this section, the building was inspected either by the fire department or department of buildings 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 buildings department and fire department are authorized to conduct such additional inspections as they deem necessary to maintain health and safety.

(Added Coun. J. 1-11-06, p. 68371, § 1; Amend Coun. J. 11-15-06, p. 92532, § 1; Amend Coun. J. 5-18-16, p. 24131, § 22; Amend Coun. J. 2-22-17, p. 43916, Art. VIII, § 14)