Record #: O2016-106   
Type: Ordinance Status: Failed to Pass
Intro date: 1/13/2016 Current Controlling Legislative Body: Committee on License and Consumer Protection
Final action:
Title: Amendment of Municipal Code Titles 4 and 10 regarding liquor licenses for sports plaza venues
Sponsors: Tunney, Thomas
Topic: MUNICIPAL CODE AMENDMENTS - Title 4 - Businesses, Occupations & Consumer Protection - Ch. 5 License Fees for Title 4 Licenses, MUNICIPAL CODE AMENDMENTS - Title 4 - Businesses, Occupations & Consumer Protection - Ch. 60 Liquor Dealers, MUNICIPAL CODE AMENDMENTS - Title 4 - Businesses, Occupations & Consumer Protection - Ch. 156 Amusements, MUNICIPAL CODE AMENDMENTS - Title 10 - Streets, Public Ways, Parks, Airports & Harbors - Ch. 8 - Solicitations
Attachments: 1. O2016-106.pdf
Related files: R2019-362

ORDINANCE

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. Section 4-5-010 of the Municipal Code of Chicago is hereby amended by adding the language underscored, as follows:
4-5-010 Establishment of license fees.

(Omitted text is unaffected by this ordinance)

(22) Liquor - Retail (4-60)
Fees for the whole or any portion of the license period for which the application is made shall be as set forth below:
(Omitted text is unaffected by this ordinance)
Liquor - Outdoor Patio or Sports Plaza Venue $1,760.00
(Omitted text is unaffected by this ordinance)
SECTION 2. Chapter 4-60 of the Municipal Code of Chicago is hereby amended by adding a new section 4-60-075, by adding the language underscored and by deleting the language struck through, as follows:
4-60-021 Ordinance prohibiting issuance of additional liquor licenses - Requirements -Procedure.
(Omitted text is unaffected by this ordinance) (c) No ordinance to prohibit the issuance of additional liquor licenses in a specified area
may:
(1) prohibit additional licenses for sale of liquor on the premises of any of the following: sports stadiums with a seating capacity of more than 3,000 persons; restaurants; hotels; banquet halls licensed for incidental service of liquor only and where the principal activity is the service of food, theaters whose premises are licensed for incidental service of liquor only, that provide live stage performances and are equipped with fixed seating; any ice rink for which a valid public place of amusement license and a valid retail food license have been issued, and where the sale of alcoholic liquor is incidental to those activities; ©r- facilities operated by the metropolitan pier and exposition authority; or sports plazas, as that term is defined in section 4-60-075;

(Omitted text is unaffected, by this ordinance)

4-60-075 Sports plaza venue liquor licenses - Special conditions.
(a) For purposes of this section:

"Residential building" has the meaning ascribed to that term in section 17-17-02146.

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"Retail food establishment license" means a license issued under Chapter 4-8 of this
code.

"Sports Plaza" means an outdoor open space which is: (1) not on the public way; (2) clearly demarcated to effectively regulate ingress and egress to the area; and (3) immediately adjacent to a sports stadium that is subject to section 4-156-430.
In addition to the other categories of licenses authorized under this chapter, the local liguor control commissioner is authorized to issue Sports Plaza Venue liguor licenses: provided eligibility for the Sports Plaza Venue liguor license shall be limited to applicants who hold a valid retail food establishment license and a valid retail consumption-on-premises liguor license for an indoor location that is immediately adjacent to a sports plaza. A Sports Plaza Venue liguor licensee may serve, in compliance with this section, alcoholic liguor within the sports plaza.
A separate Sports Plaza Venue liguor license shall be reguired for each consumption-on-premises licensee selling, serving or offering for sale alcoholic liguor in the sports plaza. In addition to the information reguired under Section 4-60-040, an application for a Sports Plaza Venue liquor license shall: (1) designate the specific sports plaza at which the applicant intends to sell or serve alcoholic liguor; and (2) designate the fixed point of sale located in the sports plaza. The fee for a Sports Plaza Venue liguor license shall be as set forth in section 4-5-010.
No more than four fixed points-of-sale shall be authorized in a sports plaza. At a fixed point of sale, a Sports Plaza Venue liguor licensee shall:

sell only beer and wine;
serve beer and wine only in plastic cups which: (i) do not exceed 16 fluid ounces; and (ii) clearly identify the Sports Plaza Venue liquor licensee from which the alcoholic liguor was purchased; and
not sell or offer for sale any package goods.
A Sports Plaza Venue liguor licensee shall be subject to all provisions of this chapter, except for Subsections (e) and (f) of Section 4-60-040; the 45-day review period of subsection (h) of Section 4-60-040; and Section 4-60-050.
A Sports Plaza Venue liguor licensee shall have an adeguate number of indoor toilet facilities in compliance with section 4-60-100. Toilet facilities located within the stadium adjacent to the sports plaza shall count towards compliance with this reguirement if, with the written consent of the stadium owner, such toilet facilities are available to the licensee's patrons at all times that the licensee is operating.
No person licensed under this chapter 4-60 shall sell, offer for sale, or serve alcoholic liquor in the sports plaza:

between the hours of 9 p.m. and 9 a.m. Sunday through Thursday;
between the hours of 10 p.m. and 9 a.m. Friday and Saturdays: or
when a game or event is occurring within the sports stadium, at the time the sale of alcohol is banned within the sport stadium and for one-hour after the conclusion of such event or game.
No Sports Plaza Venue licensee shall sell, offer for sale, or serve alcoholic liguor in the sports plaza:

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at any time when a caterer is dispensing or serving alcoholic liquor at a catered event within the sports plaza; or
unless regular food service is also available to patrons at all times that alcoholic liquor is sold or served.

(i) The sports plaza shall be clearly demarcated to effectively isolate the sports plaza from thru-traffic by non-patrons of the licensed venue. All drinks containing alcoholic liguor served at the fixed point-of-sale must be served and consumed either within the interior portion of the licensee's licensed premises or the sports plaza, except that patrons may take their drinks with them in disposable cups that comply with subsection (d)(2), while entering or exiting a stadium entrance that directly connects to the sports plaza.

(j) Every Sports Plaza Venue liguor licensee shall comply with section 8-32-080.

(k) No Sports Plaza Venue license shall be issued for any sports plaza within 125 feet of any existing residential building, measured from the nearest property line of the residential building to the nearest boundary of the sports plaza.
(I) A Sports Plaza Venue liguor licensee shall not permit any patron to leave its outdoor patio or the interior portion of its licensed premises with any alcoholic liguor.
SECTION 3. Chapter 4-156 of the Municipal Code of Chicago is hereby amended by adding a new section 4-156-500, as follows:

4-156-500 Reserved Sports Plaza- additional requirements.
For purposes of this section, "Sports plaza" has the same meaning ascribed to that term in section 4-60-075.
If a sports plaza, or any portion thereof, is used or intended for use for any amusement, a public place of amusement license shall be reguired, regardless of whether the use is incidental to the sports plaza's principal use. The application for the public place of amusement license shall be made by the owner of the sports plaza pursuant to this Article.
The sports plaza shall be closed and a licensee shall not permit the conduct of any amusement or other activity of any kind in the sports plaza, between the hours of 9 p.m. and 9 a.m. Sunday through Thursday, or between the hours of 10 p.m. and 9 a.m. on Friday and Saturdays; provided that an amusement or other activity may be held on the sports plaza if:

no alcoholic liguor is sold, served or otherwise provided;
the amusement or other activity does not commence prior to 7 a.m.; and
no live or recorded music is played or performed as part of the amusement or other activity.

(d) In addition to any other applicable provision of this chapter, a licensee shall:

(1) have an adeguate number of indoor toilet facilities available for the patrons of the sports plaza in compliance with section 4-60-100. Toilet facilities located within the stadium adjacent to the sports plaza shall count towards compliance with this reguirement if, with the written consent of the

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stadium owner, such toilet facilities are available to the patrons of the sports plaza at all times that the licensee is operating;
include in any contract with a private entity which permits
the entity to conduct an amusement in the sports plaza the restrictions in this section;
have adeguate security on the sports plaza at any time when the sale of alcohol or an amusement is occurring; and
comply with section 8-32-080. '

The licensee shall enter into a plan of operation with the commissioner for amusements to be held on the plaza. The plan shall include provisions that are useful or necessary to mitigate the adverse effects on the surrounding community and include specific provisions for amusements where the attendance is expected to be greater than 500 people. Such provisions shall include, but not limited to, providing additional security personnel, restricted hours of operation, providing trash pickup services, or any other reasonable restrictions. It shall be a violation if a licensee fails to comply with all requirements of the approved written plan of operation and subject the licensee to a fine or license suspension or revocation.
All other applicable provisions of this chapter apply.
Except where otherwise specifically provided, any person who violates this section shall be fined not less than $300.00 nor more than $5,000.00 for each offense. A separate and distinct offense shall be held to have been committed each day any person continues to violate any of the provisions hereof.
SECTION 4. Section 10-8-335 of the Municipal Code of Chicago is hereby amended by adding the language underscored, as follows:
10-8-335 Outdoor special events.

(Omitted text is unaffected by this ordinance)
(v) Notwithstanding any provision of this code to the contrary, no outdoor special event permit shall be issued for a special event to be held on a sports plaza, as that term is defined in section 4-156-500.|1010|SECTION 5. Following due passage and approval, this ordinance shall be in full force and effect after its passage and approval.