[Amended by Ord. No. 1973-104; Ord. No. 1974-124; Ord. No. 2018-89; 12-11-2023 by Ord. No. 2023-112]
CHANGE OF OWNERSHIP
A. 
A change in the form of ownership, e.g., from an individual or partnership or entity or from a partnership to an individual;
B. 
A change from an individual to a partnership or a change in a partnership such as the addition or deletion of any partner; or
C. 
In an entity, the transfer of over 5% of the stock thereof except for those listed on a national stock exchange in which event the transfer of a controlling interest or over 50% of the stock thereof.
ENTERTAINMENT VENUE
A theater, opera house, performing arts center, auditorium, concert/music hall, event/banquet hall, pool hall, sports arena/stadium/facility, arcade/gaming center, miniature golf course, amusement park, skating rink, bowling alley, shooting gallery, challenge park, virtual reality facility, places with permanent stages, or places with dance floors larger than 99 square feet. The providing of video gaming shall not bring an establishment within the definition of an entertainment venue.
[Amended 8-26-2024 by Ord. No. 2024-067]
ENTITY
An organization that has an identity separate from those of its members, including, but is not limited to, corporations, limited partnerships, limited liability companies, or limited liability partnerships.
It shall be unlawful to operate an entertainment venue with having first secured a license as herein provided. Performances given solely for the benefit of and under the supervision of a religious, educational, charitable, or nonprofit organization shall not require an entertainment venue license.
[Amended 10-14-2024 by Ord. No. 2024-079]
A. 
Applications for creation of licenses shall be made upon forms prepared and furnished by the City Clerk. Each application shall be signed and verified upon the oath or affirmation of an owner, an authorized agent, or managing member the applicant. Such application shall be submitted and filed with the City Clerk after payment to the City of an application fee as set forth in the Schedule of Fees. Each application shall contain the following information and statements:
(1) 
The name, date of birth, and address of the applicant in the case of an individual; in the case of a partnership, the persons entitled to share in the profits thereof; and in the case of an entity, the date of incorporation, the objects for which it was organized, the names and addresses of the officers and directors, and if a majority in interest of the stock of such entity is owned by one person or their nominees, the name and address of such person;
(2) 
The entity name, registered DBA (doing business as)/assumed name, establishment address and phone number;
(3) 
An email address to be used for all licensing communications;
(4) 
The location and description of the premises and place of business which is to be operated under such license;
(5) 
A statement whether the applicant has made a similar application for a similar license on premises other than described in this application and the disposition of such application;
(6) 
Whether a previous license by any state or subdivision thereof or by the federal government has been revoked and reasons therefor;
(7) 
A statement that the applicant will not violate any of the laws of the State of Illinois or of the United States or any ordinance of the City in the conduct of their place of business.
If an entity, the applicant must be in good standing with the State of Illinois before a license will be issued.
B. 
The following must be submitted as supplemental documentation to the application provided by the City Clerk:
(1) 
A list of all owners/partners/officers with name, date of birth, address, and percent ownership/stock;
(2) 
If an assumed name is used, proof the assumed name is registered with the State of Illinois or County of McLean;
(3) 
Premises verification (lease or proof of ownership).
C. 
Disqualification for license. No such license shall be issued to:
(1) 
A person whose license issued under this ordinance has been revoked for cause;
(2) 
A person who, at the time of application for renewal of any license hereunder, would not be eligible for such license upon a first application;
(3) 
A person who does not own the premises for which a license is sought or does not have a lease thereon for the full period for which the license is to be issued; and
(4) 
Any person who fails to furnish or falsely furnishes information or who fails to make or falsely makes statements required in the application for a license as set forth in this chapter.
D. 
Renewals. On January 1, 2025, a one-time sixteen-month license (January 1, 2025 — April 30, 2026) will be made available to allow the license cycle to transition to align with the City's fiscal year (May 1 — April 30). The City Clerk maintains the responsibility of determining and managing the processes necessary to facilitate the change, including, but not limited to, establishing billing cycle payment options. First-time licenses issued after January 1, 2025, shall expire on April 30, 2026.
E. 
On May 1, 2026, the standard twelve-month licensing cycle will resume running concurrent with the City's fiscal year. All applications for the renewal of a license going forward shall be made in writing to the City Clerk not later than April 1 of each year. If the information and statements contained in the original application have not changed, in lieu of an application for renewal, a licensee may file with the City Clerk, not later than April 1 of each year, an affidavit stating that such facts and statements have not changed.
[Amended 10-14-2024 by Ord. No. 2024-079]
A. 
The fee to be paid for the license herein required shall be an amount as set forth in the Schedule of Fees per year payable in advance and no license shall be issued until such fee has been paid. When a license is created by the City Clerk and is subsequently issued, the license fee shall be prorated on the basis of the remaining days of the fiscal year in which the license is issued. Application fees shall not be prorated. The license shall expire on April 30 each year. In the event of revocation or surrender of a license, no unearned portion of the license fee shall be refunded.
B. 
Each renewal license fee must be received by the City Clerk not later than April 1 unless the first falls on a holiday, in which case license fees may be received by the Clerk on the following business day. If a license fee is received late, the license holder must pay a late fee in the amount of 10% of the invoiced license fee and may be subject to the renewal license being denied.
Changes relating to the following must be reported to the City Clerk, in writing, within 30 days of the occurrence of the change: (1) changes in ownership as defined in § 7-101; and (2) changes in DBA (assumed name).
A. 
Each person or entity having a license shall obtain and at all times maintain in effect a penal bond to the City of Bloomington in the sum of $2,000 from a solvent surety company licensed to do business in the State of Illinois and each such bond is subject to being approved by the Corporation Counsel. Each bond shall be filed with the City Clerk before a license to which the bond applies is issued and shall be conditioned upon compliance with the provisions of this article, state, and federal law.
B. 
Each licensee is required at all times to have on file with the City Clerk proof from the surety company that the required bond is in effect at all times as required by this section.
C. 
Each licensee, prior to receiving a license, shall procure and maintain for the duration of the license, a minimum amount of $1,000,000 general liability insurance and a minimum of $1,000,000 excess liability insurance, which shall name the City of Bloomington, its officers and employees as additional insureds and the same shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days' advance written notice to the City. Proof of such insurance, issued by an insurance company licensed to do business in the State of Illinois in the form of a certificate of insurance, shall be attached to the application.
[Amended 2-26-2024 by Ord. No. 2024-008]
D. 
The failure of any person or entity to at all times maintain in effect the bond and insurance as required by this section shall be a violation of this chapter and may result in sanctions as herein provided.
A. 
In addition to the imposition of fines provided in this chapter, any license may be revoked, suspended, or not renewed, after notice and hearing by the City Manager, or their designee, for any of the following reasons:
(1) 
Violation of any of the provisions of this chapter;
(2) 
Violation of any law occurring on the establishment's premises committed by the establishment or an employee of the establishment;
(3) 
Violation of any law or state regulation;
(4) 
Failure to pay any tax, judgment, fee, or bill owed to the City of Bloomington;
(5) 
Failure to provide current information regarding the ownership or location of the business;
(6) 
Failure to notify in writing the City Clerk Department of a change in ownership as required by § 7-105;
B. 
For the administration of this section, the formal rules of evidence shall not apply at the hearing and hearsay may be permitted, provided it is of the nature reasonably prudent persons would rely upon in the conduct of their affairs. At the hearing, the City Manager, or their designee, shall determine by a preponderance of the evidence whether a lawful reason exists to revoke or suspend the license. The City Manager, or their designee, after determining that a lawful reason exists to revoke or suspend the license, shall also determine whether that lawful reason merits the sanction of a revocation or suspension of the license.
C. 
An establishment whose license has been revoked may not reapply for a new license until one year after the final determination of revocation.
[Added 12-11-2023 by Ord. No. 2023-113]
Any person, firm, or entity violating any provision of this chapter shall, unless otherwise provided in this chapter, be fined not less than $250 nor more than $2,000 for each offense; and a separate offense shall be deemed to have occurred on each day during or on which a violation occurs or continues.
If any section, sentence, clause, or other provision of this chapter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the validity of any other section, sentence, clause, or provision. To this end, all such portions of this chapter are declared severable and shall be so construed whenever possible to do so.