(a) For purposes of this section the following definitions apply:
"Commissioner" means the Commissioner of Cultural Affairs and Special Events.
"Millennium Park" or "Park" means the 24.5-acre park bounded by Michigan Avenue on the west, Randolph Street on the north, Columbus Drive on the east, and Monroe Street on the south; provided that the sidewalks on these streets are not included as part of the Park. Millennium Park shall also include the entire BP Bridge that spans Columbus Drive and extends into Grant Park; provided that the parking facilities located at Millennium Park, including, but not limited to, the Monroe East Garage, shall not be considered part of the Park for purposes of this definition.
(b) The Commissioner, following consultation with the Commissioner of Fleet and Facility Management, may adopt and enforce rules for health, safety, and protection of the facilities and patrons of the Park, which may include, but not be limited to, defining the hours of operation, and prohibiting or regulating activities that may unreasonably disrupt pedestrian traffic flow or the quiet enjoyment of Park resources. The Commissioner may post signs in the Park setting forth the rules and directional signs.
(c) The Commissioner, following consultation with the Commissioner of Fleet and Facility Management, is authorized to negotiate and enter into, subject to the approval of the City Council, and after publicly soliciting requests for proposals or qualifications, concession agreements for food, beverages, goods, and services within the Park.
(d) The Commissioner is authorized to enter into use agreements for the temporary use of space and facilities in the Park. The Commissioner shall only enter into use agreements that the Commissioner determines enhance and are consistent with the unique nature of the Park, but in no event shall the Commissioner discriminate on the basis of race, national origin, religion, partisan political affiliation, or viewpoint of the applicant seeking a use agreement, or on any other basis prohibited by the Constitution of the United States or the State of Illinois.
The term of any use agreement shall not exceed 14 days, nor shall the use agreement be for the purpose of sponsoring an event, or for the sale of food, beverages, goods, or services; provided that notwithstanding this provision or the provision of subsection (c) of this section, a use agreement may provide for the sale of food, beverages, goods, or services that meet the following criteria:
(1) the food, beverages, goods, or services must be connected to or promote the event itself, including but not limited to, the sale of flowers by the vendor during a flower show, or the sale of t-shirts or compact disks by the vendor during a concert;
(2) the sale of the food, beverages, goods, or services is incidental to the primary purpose of the use agreement;
(3) the food, beverages, goods, or services must not endanger the public health and safety; and
(4) the sale of foods, beverages, goods, and services must not conflict with any contractual obligations of the City.
The fees and conditions for use agreements shall be determined by the Commissioner giving consideration to the size and nature of the space, the duration of the event, and the unique nature of the Park.
The Commissioner may adopt and enforce rules consistent with this section for the awarding of such use agreements.
(e) The Commissioner is authorized to accept grants of funds, services, and of other tangible and intangible assets pertaining to the Park, and in connection with the acceptance of such funds, services, and assets, the Commissioner is authorized to enter into and execute such ancillary agreements on behalf of the City as may be necessary or appropriate, which agreements may include indemnification by the City and right of entry.
(f) The Commissioner is authorized to enter into and execute agreements for up to three years, and extend the agreements for up to two years with persons, including but without limitation, commercial or other business sponsors or media sponsors, for the sponsorship of events in Millennium Park. The terms and conditions of the agreements shall be determined by the Commissioner, giving consideration to the duration and extent of the sponsorship and the nature of the event sponsored. In those sponsorship agreements entered into directly with a sponsor, in which the sponsor's participation in the event is limited to providing money to the City, and where the sponsor is only represented at the event by signage or where the sponsor is a governmental entity, the Commissioner may elect not to require the sponsor to indemnify the City. All sponsorship agreements shall provide the City the right, with or without cause, to terminate the agreements prior to their expiration date.
(g) Any person who violates any rule promulgated pursuant to subsection (b) of this section shall be fined not less than $50.00 nor more than $500.00. Each day that a violation continues shall constitute a separate and distinct offense.
(h) With respect to any special event designated as such in the City's special event ordinance of that year that will be held in the Park, the provisions of the special event ordinance shall control the sponsorship and production of that special event in the Park, and nothing in this section shall be construed as to limit or restrict any provision of the City's special events ordinance for the sponsorship and production of such special event.
(i) Except as otherwise provided, all revenues from the Park or any facility or structure located within the Park, with the exception of the parking facilities located at the Park, shall be used for the operation of the Park, including maintenance and programming. Such revenues may be placed in an appropriate fund designated by the Comptroller, with the concurrence of the Budget Director, for the purposes set forth in this subsection (i). The Chief Procurement Officer is authorized to enter into contracts, funded through revenues in such designated fund and otherwise meeting the applicable requirements of Chapter 2-92 of this Code, for goods, services, and work pertaining to the operation of the Park. The Commissioner is authorized to enter into agreements, including, but not limited to, performer agreements, funded through revenues in such designated fund and containing such terms and conditions as are customary or appropriate in such agreements, for goods, services, and work pertaining to the programming or operation of events in the Park; provided, however, that such agreements shall not include concession agreements, which shall be governed by the requirements set forth in subsection (c) of this section.
(j) The Commissioner of Fleet and Facility Management shall provide for the operation and maintenance of Millennium Park and, following consultation with the Commissioner, may delegate duties to the Department of Cultural Affairs and Special Events.
(Added Coun. J. 5-9-07, p. 104052, § 7; Amend Coun. J. 11-17-10, p. 106597, Art. VII, § 4; Amend Coun. J. 11-16-11, p. 13798, Art. IX, § 1; Amend Coun. J. 3-13-19, p. 96590, § 2; Amend Coun. J. 10-27-21, p. 39543, Art. I, § 4; Amend Coun. J. 11-15-23, p. 6542, Art. I, § 20)
Editor's note – Coun. J. 10-3-01, p. 68139, § 5, repealed a former § 10-36-140, which pertained to ward playgrounds.