SEC. 1075.4. PERMITTEES' USE OF REGISTERED EVENT PROMOTERS.

   A Permittee may not have a Person act as an Event Promoter at or in connection with an Event at a Place of Entertainment, Extended-Hours Premises, location of a One Time Event, or Dance Hall unless the Event Promoter is a Registrant. For purposes of this requirement, the Permittee may conclude that an Event Promoter is a Registrant if the Event Promoter is listed online in the system described in Section 1075.2.2(b). In circumstances where the Permittee does not have access to the online system, or where a Registrant is not included in the online system due to the City's delay, failure, or error, the Permittee may conclude that the Event Promoter is a Registrant based on (1) the Event Promoter's possession of a valid Registration Receipt and (2) confirmation from the Director that the Event Promoter is a Registrant.

(Added by Ord. 315-10, File No. 101190, App. 12/21/2010)

SEC. 1075.5. DIRECTOR'S POWERS REGARDING EVENT PROMOTERS.

   If an Event Promoter has promoted one or more Events (i) whether or not within the territorial limits of the City, at which the Director determines, in consultation with the Police Department, that there has been a significant risk or actual occurrence of injury to persons, damage to property, or other serious safety problems, or (ii) within the territorial limits of the City, at which the Director determines, in consultation with the Police Department, that there has been an actual occurrence of serious neighborhood disturbance including but not limited to traffic, litter, and noise problems, and if the Director determines, in consultation with the Police Department, that the Event Promoter bears significant responsibility for the risk or actual occurrence referenced in (i) above or the actual occurrence referenced in (ii) above, the Director may issue an Order that:

   (a)   Requires the Event Promoter to report to the Director some or all future Events within the City for which the Event Promoter will be Holding the Event. The report shall be promptly made following the Event Promoter's knowledge that the Event Promoter will be Holding the Event;

   (b)   Requires that enhanced Security Plan requirements shall apply to some or all Permittees that use the Event Promoter to hold an Event;

   (c)   Requires that the Event Promoter hold commercial general liability insurance to cover bodily injury and property damage arising from an Event. The Director's Order shall specify the amount of insurance to be held and other conditions pertaining to the insurance. The Director's Order may extend to insurance for a particular Event or for all Events promoted by the Event Promoter;

   (d)   Requires that the Event Promoter's managers, employees, and other personnel be subject to criminal background checks; and/or

   (e)   Requires that the Event Promoter adhere to other conditions and requirements that are warranted in light of the facts and circumstances giving rise to the Order.

(Added by Ord. 315-10, File No. 101190, App. 12/21/2010)

SEC. 1075.5.1. PROCEDURES AND APPEAL RIGHTS.

   (a)   The Director shall send an Order imposed under Section 1075.5 to the Event Promoter electronically and by mail or personal delivery. The Order shall state its date of issuance and its effective date.

   (b)   To provide the Event Promoter an opportunity to appeal, the Director's Order shall not take effect for ten City business days from the date the Order issues. Any Event Promoter directed to comply with the Director's Order may appeal the Director's Order within ten City business days of the date that the Order issues by filing a written request for review with the Secretary of the Commission. The Event Promoter shall not be required to comply with the Director's Order pending the Commission's action on the matter. If the Event Promoter withdraws the appeal, the Director's Order shall take effect immediately upon the withdrawal of the appeal or upon the effective date of the Director's Order, whichever is later.

   (c)   When acting on the appeal, the Commission may affirm, overturn, or modify the Director's Order.

(Added by Ord. 315-10, File No. 101190, App. 12/21/2010)

SEC. 1075.5.2. DURATION OF DIRECTOR'S OR COMMISSION'S ORDER.

   (a)   An Order imposed by the Director under Section 1075.5 may, at the Director's discretion, include an expiration date. An Order imposed by the Commission under Section 1075.5.1(c) that modifies the Director's Order may, at the Commission's discretion, include an expiration date.

   (b)   An Event Promoter who is the subject of an Order imposed by the Director under Section 1075.5 may at any time request that the Director lift the Order or shorten its duration. The Director's decision in response to the request shall not be appealable to the Commission. An Event Promoter who is the subject of an Order imposed by the Commission under Section 1075.5.1(c) that modifies the Director's Order may at any time request that the Commission lift the Order or shorten its duration. The Commission may make a decision in response to the request, or delegate the decision to the Director.

(Added by Ord. 315-10, File No. 101190, App. 12/21/2010)

SEC. 1075.5.3. ONLINE DISCLOSURE OF DIRECTOR'S OR COMMISSION'S ORDER.

   (a)   The Director shall include in the online system described in Section 1075.2.2(b) a reference to any Order that is in effect, imposed by the Director under Section 1075.5 or by the Commission under Section 1075.5.1, against an Event Promoter. The Director shall determine the degree of detail pertaining to the Order to be included in the online system.

   (b)   When using an Event Promoter in connection with an Event, Permittees have an obligation to ascertain whether there is an Order in effect, imposed by the Director under Section 1075.5 or by the Commission under Section 1075.5.1, against an Event Promoter that requires enhanced Security Plan requirements for Events to be Held by the Event Promoter or requires the Event Promoter to have commercial general liability insurance in connection with an Event. If a Permittee contracts with or otherwise engages the services of an Event Promoter, the Permittee (in addition to the Event Promoter) has a duty to proceed with the Event in a manner that is consistent with the requirements of the Director's or Commission's Order.

(Added by Ord. 315-10, File No. 101190, App. 12/21/2010)

SEC. 1075.6. MULTIPLE EVENT PROMOTERS FOR A SINGLE EVENT.

   (a)   The definition of Event Promoter does not limit the number of Persons who may qualify as an Event Promoter for a single Event. There can be more than one Event Promoter for a single Event.

   (b)   An Event Promoter may not contract with or otherwise engage another Event Promoter to Hold the same Event unless the other Event Promoter ("Other Event Promoter") is a Registrant. For purposes of this requirement, the Event Promoter may conclude that the Other Event Promoter is a Registrant if the Other Event Promoter is listed online in the system described in Section 1075.2.2(b). In circumstances where the Event Promoter does not have access to the online system, or where the Other Event Promoter is not included in the online system due to the City's delay, failure, or error, the Event Promoter may conclude that the Other Event Promoter is a Registrant based on (1) the Other Event Promoter's possession of a valid Registration Receipt and (2) confirmation from the Director that the Other Event Promoter is a Registrant.

   (c)   An Event Promoter that contracts with or otherwise engages another Event Promoter to Hold the same Event must promptly notify the Permittee that the Other Event Promoter is also Holding the Event.

   (d)   A Permittee's obligation under Section 1075.4 to only use registered Event Promoters for an Event applies to all Event Promoters Holding the Event.

(Added by Ord. 315-10, File No. 101190, App. 12/21/2010)

SEC. 1075.7. ADMINISTRATIVE PENALTIES FOR EVENT PROMOTERS.

   Any Event Promoter who violates Sections 1075.2, 1075.2.1, 1075.2.4, 1075.3, 1075.6, or an Order imposed under Sections 1075.5 or 1075.5.1 shall be subject to administrative penalties as set forth in Administrative Code Chapter 100, "Procedures Governing the Imposition of Administrative Fines," which is hereby incorporated in its entirety and which shall govern the amount of fees and the procedure for imposition, enforcement, collection, and administrative review of administrative citations. The Director shall impose fines for violation of the aforementioned Sections or Orders as set forth in Section 100.5(a) of the Administrative Code. Each day during which a Section or Order is violated shall be considered a separate violation.

(Added by Ord. 315-10, File No. 101190, App. 12/21/2010)

SEC. 1075.8. SANCTIONS FOR PERMITTEES.

   Any Permittee who violates Sections 1075.3, 1075.4, or 1075.5.3 shall be subject to the following sanctions:

   (a)   Permit suspension under Sections 1027, 1060.20 et seq., and 1070.17 et seq. of the Police Code;

   (b)   Permit revocation under Section 1027 of the Police Code and, where applicable, Sections 1060.20.4, 1060.20.5, 1070.20(a)(4), and 1070.20(a)(5) of the Police Code;

   (c)   Criminal penalties under Sections 1027, 1060.25(a), and 1070.24(a) of the Police Code; and

   (d)   Administrative penalties as set forth in Administrative Code Chapter 100, "Procedures Governing the Imposition of Administrative Fines," which is hereby incorporated in its entirety and which shall govern the amount of fees and the procedure for imposition, enforcement, collection, and administrative review of administrative citations. The Director shall impose fines for violation of this Article as set forth in Section 100.5(a) of the Administrative Code. Each day during which a Section or Order is violated shall be considered a separate violation.

(Added by Ord. 315-10, File No. 101190, App. 12/21/2010)