(A) Purpose and definition. It is recognized that noise generated by live music or similar live entertainment events, whatever the duration, may negatively impact and create a hazard to the public health, safety and welfare of nearby residents, businesses and the general public, and that it is therefore necessary to place reasonable regulations on such entertainment events through adoption of a licensing system that balances the interests of all parties. For purposes of this chapter, LIVE ENTERTAINMENT shall mean a musical, DJ, theatrical, dance, cabaret, comedy or similar act performed live (or in the case of a DJ, playing recorded music), by 1 or more persons for the purpose of entertaining customers. A live entertainment license is secondary to the principal business uses of a location, including a restaurant or special event space. A charge or fee may or may not be charged at the business with a secondary license for live entertainment.
(B) Eligibility. Live entertainment licenses may be issued accessory to the operation of a restaurant, special event space or other establishment within the Village’s business districts in conjunction with the requirements and regulations set forth in this section, Chapter 110 of this Code, and the Village’s zoning code.
(C) General regulations.
(1) Any restaurant, special event space or other establishment desiring to hold live entertainment events as part of its operations shall apply for and obtain an accessory live entertainment license from the Village. Except as part of a special event approved by the Village, no live entertainment events may be held at a restaurant, special event space or other establishment within the business districts of the Village except upon issuance of an accessory live entertainment license and in full compliance with this section.
(2) All live entertainment events, regardless of whether an accessory live entertainment license is issued or required, must comply with state law and this Code, including, but not limited to, the regulations set forth in this chapter, and the noise regulations set forth in §§ 92.30 and 130.21 of this Code.
(3) Live entertainment events must end no later than 1 hour prior to closing each day or, where the licensed establishment holds a liquor license, 1 hour prior to the time liquor can no longer be served each day, whichever is earlier, or as otherwise specified in a license issued.
(4) Live entertainment events must be conducted in a manner that respects the comfort, convenience, safety, health and welfare of nearby residents, businesses and/or the general public.
(5) Unless otherwise specifically approved by the Village, live entertainment events shall occur indoors, and, with the exception of persons entering or leaving the premises, the doors and windows of the establishment must remain closed at all times while live entertainment events are taking place.
(6) Unless otherwise specifically approved by the Village, no speakers for listening to live entertainment events taking place inside may be placed in the outdoor area or on the exterior of the premises.
(7) The fee for a live entertainment license shall be as set forth in § 110.13 of this Code.
(8) The Director of Code Enforcement and the Fire Chief may cause such investigation to be made as in their judgment is deemed necessary for the purpose of determining whether the premises occupied by the applicant for a license under this section comply with the Village ordinances relating to health, safety and sanitation so as to properly safeguard the lives and health of the employees engaged and patrons enjoying live entertainment therein; and if from such investigation, they find that such applicant has failed to comply with the fire prevention, sanitary and health regulations of the Village, or with the general ordinances thereof relating to such business, they shall immediately report the same in writing to the Village President who shall refuse to issue such license.
(9) The performance area(s), stage(s) and equipment staging areas used for live entertainment events shall not block fire exits or fire exit access paths nor block pedestrian access to those portions of Village streets, sidewalks or rights-of-way that are open for public use.
(10) All live entertainment events must comply with the state laws and this Code, including but not limited to, the regulations set forth in this chapter.
(11) Any conditions required by the corporate authorities of the Village as part of the approval of an ordinance granting or renewing a liquor license associated with the establishment or event where the live entertainment is taking place.
(D) Procedure.
(1) Applications. Applicants for accessory live entertainment licenses are required to submit the following:
(a) A completed application on a form provided by the Village, which shall include the anticipated number of live entertainment events per year, the hours during which live entertainment will generally take place, and a description of the nature of the live entertainment generally proposed to be provided;
(b) An accessory live entertainment license fee as determined by the Village from time to time and as set forth in § 110.13 of this Code;
(c) A site plan drawn to accurately illustrate the stage or other area where live entertainment will take place on the premises and the location of any amplifiers or speakers; and
(d) Any other information or materials required to be provided by the Village.
(2) Review. Once a completed application has been received by the Village, the application shall be reviewed by the Village Manager and, if deemed necessary, the applicant may be required to consult with the Village Manager, Building Department, the Village’s Fire Chief and/or Fire Inspector, or other officials or designees regarding appropriate plans for the live entertainment.
(3) Decisions. License decisions shall be made within 5 business days of submittal or receipt of any additional items requested by the Village and/or the completion of any consultations with staff deemed necessary by the Village.
(4) Fire prevention and health requirements. The Director of Code Enforcement and the Fire Chief may cause such investigation to be made as in their judgment is deemed necessary for the purpose of determining whether the premises occupied by the applicant for a license under this section comply with the Village ordinances relating to health, safety and sanitation so as to properly safeguard the lives and health of the employees engaged and patrons enjoying live entertainment therein; and if from such investigation, they find that such applicant has failed to comply with the fire prevention, sanitary and health regulations of the Village, or with the general ordinances thereof relating to such business, they shall immediately report the same in writing to the Village Manager who shall refuse to issue such license.
(5) Denial. License applications may be denied by the Village Manager in cases where:
(a) The application is incomplete or otherwise deficient;
(b) The property or business owner is delinquent on any fees, fines, penalties or delinquencies he or she owes to the Village (and no appeal has been filed); or
(c) The Village Manager makes a determination, based on tangible evidence, that allowing the live music or entertainment would adversely affect the comfort, convenience, safety, health and welfare of nearby residents, businesses and/or the general public. Factors that the Village Manager may consider in making a determination under this division (H)(5)(c) include:
1. The anticipated volume of the live entertainment;
2. The proposed times during which the proposed live entertainment shall be provided;
3. The location of the establishment in relation to residential areas and other commercial establishments;
4. A history of complaints, citations and/or violations of the Village’s noise regulations or other code violations relative to the requesting establishment; and/or
5. Other factors associated with public health and welfare, security and safety of the event participants, nearby residents or businesses, and the general public, including, but not limited to, parking, traffic congestion, and security and public safety.
(6) Conditions. In addition to all conditions and requirements set forth in this chapter, the Village Manager may attach such conditions to a live music or entertainment license as are deemed necessary to balance the interests of the public with the holding of live music or entertainment events within the Village. Failure to comply with all conditions set forth in a live music or entertainment license is a violation of this section.
(7) Appeal. The Village Manager’s decision on a license application or imposition of particular conditions may be appealed by the applicant to the Village Board of Trustees by submitting a written request to appeal to the office of the Village Clerk within 5 days of notification of the denial or license conditions. An appeal shall be considered at the next regular meeting of the Board of Trustees or at such other time deemed appropriate by the Board of Trustees. On appeal, the Board of Trustees may affirm, reverse or modify the ruling of the Village Manager.
(8) Renewals. Annual license renewals, provided no or minimal changes are requested and there has been no history of violations of the noise regulations or other Village codes and ordinances during the preceding year, may be approved upon request for renewal on a form provided by the Village and payment of the annual license fee.
(9) Modifications, suspensions and revocations.
(a) Licenses issued under this chapter are subject to suspension, modification or revocation at any time after issuance by the Village Manager. Notice of a possible license suspension, modification or revocation and the basis therefor shall be mailed to the licensee, addressed to them at their last known place of business. A licensee shall have 10 days from the date of the notice to request a hearing before the Village Manager or their designee.
(b) If the licensee fails to request a hearing, or requests a hearing and the Village Manager determines after a hearing that either: a) the holding of live music and entertainment events at a licensed establishment has been consistently detrimental to the health, safety or general welfare of persons residing or working near the establishment holding the live entertainment events; b) there are violations of any license conditions or the requirements of this chapter: c) the licensed establishment has failed to timely pay any fees, fines, penalties or delinquencies owed to the Village; or d) other good cause for suspension, modification or revocation of a license exists, they may, in their discretion and without further notice, take action to suspend the license for a specified period of time, modify any conditions of the license or impose new conditions, including imposition of a probationary period, or revoke the license. Any 3 findings of guilt in a 12- month period on citations issued for violations of the Village’s noise regulations set forth in §§ 92.30 and 130.21 of this Code shall constitute prima facie evidence that the holding of live entertainment events at said licensed establishment is detrimental to the health, safety or general welfare of persons residing or working near the establishment.
(c) The decision of the Village Manager following a hearing is appealable to the Board of Trustees by the licensee in the same manner as an initial license decision by the Village Manager. No appeal on the substance of a decision may be taken from a decision of the Village Manager where a licensee failed to request or attend a hearing.
(E) Penalties.
(1) Any person or entity violating or found liable under any of the provisions of this chapter, including, but not limited to, a failure to obtain a live entertainment license, or a violation of any conditions set forth in a live entertainment license, shall be subject to a penalty of not less than $75 nor more than $750 for a first violation within the past 12 months, not less than $150 nor more than $750 for a second violation within the past 12 months, and not less than $300 nor more than $750 for a third or subsequent offense within the past 12 months. A separate offense shall be deemed committed with each recurrence of a violation of the provisions of this chapter.
(2) In addition, the appropriate authorities of the Village may take such other action as they deem proper to enforce the terms and conditions of this chapter, including, without limitation, an action in equity to compel compliance with its terms.
(Ord. CO-2023-36, passed 6-20-2023)