(a) Definitions. For purposes of this section, the following definitions shall apply:
"Authorized concession stand" means any concession stand authorized to operate within the Chicago Riverwalk.
"Chicago Riverwalk" has the meaning ascribed to the term in section 2-32-1300(a).
“Commissioner” means the Commissioner of Fleet and Facility Management.
(b) Hours of operation. Except as otherwise provided by the Commissioner, the Chicago Riverwalk shall be closed to the public between the hours of 11:00 P.M. and 6:00 A.M. The Commissioner shall post and maintain permanent signs designating the hours during which public access to the Chicago Riverwalk is prohibited.
(c) Violation of hours of operation – Unlawful act – Exceptions. Except as otherwise provided by the Commissioner, it shall be unlawful for any person or vehicle to be in any facility or on the grounds of any part of the Chicago Riverwalk between the hours of 11:00 P.M. and 6:00 A.M. Provided, however, that this prohibition shall not apply to: (i) persons disembarking from a commercial tour boat and passing through the Chicago Riverwalk, without stopping, to the exit nearest to their point of destination; (ii) persons doing work consistent with the operational needs of any licensed venue or authorized concession stand located in any part of the Chicago Riverwalk, or persons entering or exiting the Chicago Riverwalk in conjunction with or upon completion of such work, including, but not limited to, deliverymen, security personnel, repairmen and employees of a licensed venue or authorized concession stand acting within the scope of their employment; (iii) authorized City personnel acting within the scope of their lawful duties; (iv) vehicles doing work consistent with the operational needs of any licensed venue or authorized concession stand located in any part of the Chicago Riverwalk, or vehicles entering or exiting the Chicago Riverwalk in conjunction with or upon completion of such work, including, but not limited to, delivery vehicles and repair vehicles; and (v) Police Department vehicles, Fire Department vehicles, emergency vehicles and other vehicles clearly marked as the property of the city. Any person who violates this subsection shall be fined not less than $50.00 nor more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.
(d) Concession agreements. Subject to the approval of the Budget Director, and of the Corporation Counsel as to form and legality, the Commissioner is authorized, after publicly soliciting proposals, to negotiate and execute on behalf of the City concession agreements for food, beverages, goods and services within the Chicago Riverwalk for a term not to exceed 36 months. The Commissioner may extend, renew or continue such initial agreement for two additional consecutive terms of up to 12 months each. Provided, however, that no extension, renewal or continuation of such initial agreement shall extend beyond a totality of 60 months, unless: (1) the agreement is referred to the Chicago City Council for review and full disclosure as to all parties, particulars, events and justifications meriting such extension, renewal or continuation: and (2) the Chicago City Council approves an extension, renewal or continuation of such agreement beyond a totality of 60 months.
(e) Temporary use agreements. The Commissioner is authorized to enter into use agreements, subject to the approval of the Corporation Counsel as to form and legality, for the temporary use of space and facilities within the Chicago Riverwalk. The Commissioner shall only enter into such temporary use agreements that the Commissioner determines enhance and are consistent with the unique nature of the Chicago Riverwalk.
The term of any such temporary use agreement shall not exceed 30 calendar days; provided, however, that the Commissioner may extend, renew or continue such initial agreement for up to 150 additional consecutive days. No such temporary use agreement shall be for the sponsorship of an event, which shall be governed by subsection (g). A temporary use agreement under this subsection may provide for the sale of food, beverages, goods or services if the following criteria are met:
(1) the food, beverages, goods or services must not endanger the public health or safety; and
(2) the sale of foods, beverages, goods and services must not conflict with any contractual obligation of the City; and
(3) no alcoholic beverage shall be sold or served unless all applicable licenses and permits have been obtained and all applicable Code requirements have been met.
The fees and conditions for temporary use agreements shall be determined by the Commissioner, giving consideration to the size and nature of the space, the duration of the temporary use and the unique nature of the Chicago Riverwalk. The Commissioner may adopt and enforce rules consistent with this subsection for awarding such temporary use agreements.
(f) Acceptance of grants and assets. Subject to the approval of the Budget Director, the Commissioner is authorized to accept grants of funds and other tangible and intangible assets pertaining to the Chicago Riverwalk. In connection with the acceptance of such funds and assets, the Commissioner is authorized, subject to the approval of the Corporation Counsel as to form and legality, 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.
(g) Agreements for sponsorship of events – Construction of section. Subject to the approval of the Budget Director, and of the Corporation Counsel as to form and legality, the Commissioner is authorized to enter into and execute agreements with persons, including, but not limited to, commercial or other business sponsors or media sponsors, for the sponsorship of events within the Chicago Riverwalk for a term not to exceed 36 months. Subject to the approval of the Budget Director, the Commissioner may extend, renew or continue such initial agreement for up to 24 additional consecutive months. The terms and conditions of such agreements shall be determined by the Commissioner, giving consideration to the duration and extent of the sponsorship and the nature of the event being 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 such agreements prior to their expiration date. Provided, however, that with respect to any special event designated as such in the City's special event ordinance for that year that will be held within the Chicago Riverwalk, the provisions of the special event ordinance shall control the sponsorship and production of that special event within the Chicago Riverwalk. and nothing in this section shall be construed to limit or restrict any provision of the City's special events ordinance for the sponsorship and production of such special event.
(h) Rules. The Commissioner is hereby authorized to adopt and enforce rules to implement this section. Such rules may include, but are not limited to, the following: (1) protecting the health and safety of Chicago Riverwalk patrons and facilities, (2) establishing hours of operation for the Riverwalk and for facilities or venues located within the Chicago Riverwalk, and (3) prohibiting or regulating activities that may unreasonably disrupt pedestrian traffic flow or the quiet enjoyment of Chicago Riverwalk resources. The Commissioner may post signs within the Chicago Riverwalk setting forth these rules, as well as directional signs.
(i) Violation – Penalty. Except as otherwise provided in this section, and in addition to any other penalty provided by law, any person who violates this section or any rule promulgated thereunder shall be fined not less than $50.00 nor more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 1-9-08, p. 18918, § 4; Amend Coun. J. 11-8-12, p. 38872, § 192; Amend Coun. J. 3-13-13, 47545, §