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)

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.