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)

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 4-60.

   (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 14A-6-602 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 10-8-335.

   (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; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 41)

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 10-8-335; or

      (v)   a retail food establishment license issued under Chapter 4-8.

   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 (other than a minor cannabis offense) 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 14A-8-802, 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; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 42; Amend Coun. J. 6-25-21, p. 31925, Art. IV, § 17)

4-156-830 License – Application.

   (a)   In addition to the requirements in Section 4-4-050, 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 14A-7;

      (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 (other than a minor cannabis offense) 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; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 43; Amend Coun. J. 6-25-21, p. 31925, Art. IV, § 18)