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Title:
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Amendment of Municipal Code Section 10-8-335 to provide for Council Committee on Finance review of applications for special event permits and committee hearings if involving city fees or waivers
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Topic:
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MUNICIPAL CODE AMENDMENTS - Title 10 - Streets, Public Ways, Parks, Airports & Harbors - Ch. 8 Use Of Public Ways & Places
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Finance Committee October 5, 2016 City Council Meeting
ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF CHICAGO:
SECTION 1. Title 10-8-335 of the Municipal Code of Chicago is hereby amended by the addition of the underlined text to subsections (d) and (e) as follows:
10-8-335 Outdoor special events.
{Omitted text is unaffected by this Ordinance.)
(d) The department shall promptly send copies of all applications for a special event permit to the following departments, for the purpose of obtaining input on the factors set forth in (f):
the Department of Business Affairs and Consumer Protection;
the Department of Police;
the Fire Department;
the Department of Streets and Sanitation;
the Department of Transportation;
the Department of Law;
the Office of Emergency Management and Communications; (i>) the Chicago City Council Committee on Finance.
If any of the above-listed departments have any information that the proposed special event does not meet the standards set forth in subsection (f), written objections must be sent to the department within 20 days or the department will presume there are no departmental objections.
Within 20 days of receipt of the application, the police department commander of special events shall review the applicant's security plan, including provisions made for private security personnel and for handling emergencies, and shall determine whether the applicant has planned for and provided sufficient personnel and equipment to protect public safety at the event or whether the city will need to provide additional city police and traffic control personnel and equipment. The determination of the need for additional city police services shall be based on the expected pedestrian and vehicular traffic and congestion, considering the following factors: estimated attendance, density of area, size of area, number of street closures and affected intersections. If the commander of special events determines that the city will be required to provide more than 12 shifts of any combination of police officers and traffic control aides, then he or she shall calculate the estimated hourly cost for the personnel required for the event, and shall charge the applicant for such services in excess of 12 shifts; provided that, the charge to the applicant shall exclude any personnel hours related to any anticipated or actual crowd reaction to the message ofthe event or the identity of the sponsoring organization.
The applicant shall post a bond to cover or, at the applicant's option shall prepay, the total amount of the required chargeable city services which has been estimated by the police department, prior to issuance of
a special event permit. Within 20 business days after the end of the event, the department shall calculate the actual city costs owed under this section, obtain such costs from the bond, if a bond was provided, or remit any overpayment if prepayment was made, and shall provide to the sponsor an itemized statement of such costs.
(e) Within three business days after an application for a special event permit is filed with the department, the department shall deliver a copy of the application to the alderman of the ward in which the special event is to take place and to the city council committee on special events, cultural affairs and recreation or its successor committee, and the Committee on Finance. Within five business days after an alderman receives a copy of an application for a permit under this section, the alderman may request the committee to conduct a hearing on the permit application. Such request may be made only when the alderman finds that the hearing will be useful in determining whether the application complies with the requirements pf this chapter. Within two business days after the committee receives such request, the chairman of the committee shall notify the department of the scheduled hearing. In such case the department shall take no final action to approve or deny the application before the committee issues a report under this section or before the time during which a report may be issued under this subsection expires, whichever is earlier. At a hearing conducted under this subsection all interested persons, including the applicant, community residents and representatives of community groups, shall be given an opportunity to be heard. The committee shall also accept any relevant written testimony or documentation regarding the proposed special event.
Any event that will result in more than one hundred thousand dollars ($100.000') in rental and/or city fees incidental to the use before any waivers are applied, shall require a hearing before the Committee on Finance to hear and determine: the financial impact of the proposed use upon the citv: what the fair rental value of the use is; what the rental fee for the use will be set at. and: any other relevant information required by the city.
After conducting such hearing, the committee may issue a report summarizing the issues that were addressed at the hearing and recommending approval or denial of the application. Any such report must be filed with the department not later than 25 days after the application was received by the alderman.
The committee's report on the permit application shall be based solely on the criteria described in subsection (f).
Any committee report recommending disapproval of a permit application must state the specific reasons for the recommendation, which reasons shall be consistent with an applicant's constitutional rights contained in the First, Fifth and Fourteenth Amendments to the United States Constitution, and Sections 2 and 4 of Article I of the Illinois Constitution of 1970.
(Omitted text remains unaffected by this Ordinance.)
SECTION 2. This Ordinance shall take effect upon due passage and publication.
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