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.

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.

   (c)   "Fundraising event" means an indoor fundraising event held under circumstances where:

      (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 16-16 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 16-8-030(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 16-16 of this Code.

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