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Rules inspired by E2 stampede approved

May 8, 2008

Five years after 21 young people jammed into the E2 nightclub died in a stampede toward the exit touched off by pepper spray, City Hall has finally gotten around to regulating event promoters.

On Wednesday, the City Council’s License Committee approved a watered-down ordinance that requires promoters to be licensed and fingerprinted at a cost of up to $2,000 and secure $300,000 worth of general liability insurance.

Promoters would have to pass criminal background checks and be at least 21. Felony convictions, suspensions or revocations in other jurisdictions within the past five years would be grounds for denial.

For every event, promoters would be required to notify the commander of the local police district and sign written contracts with venue owners that delineate responsibilities, establish maximum capacity and list special effects or potentially dangerous equipment to be used.

In a major concession to Chicago’s thriving concert industry, venues with a fixed seating capacity of 500 or more would be exempt from the new requirements.

That was not enough to satisfy Jerry Mickelson, co-founder of Jam Productions.

“When I look at the business we do at the Park West [160 seats] and the Vic [250 seats], a good majority of our revenue is from outside promoters. Many of them are ... little-time guys who rent our venue maybe once a year [or] once every other year. They can’t afford to pay $500 or $1,000 for license fees,” Mickelson said.

“We’re so selective in who we allow into our venues, losing any more puts us at a danger of not operating profitably. ... It’s tough enough to stay in business. ... We struggle each year to meet our nut. This ordinance will cause us to lose events.”

Mickelson said Jam has produced over 30,000 concerts over 37 years and has never had a major tragedy. That’s because the company is so selective and keeps such close tabs on its promoters, he said.

“At E2, they said, ‘Okay, guys. You’re renting my venue. Here’s the keys to my house. I’ll see you tomorrow.’ That doesn’t happen with a responsibly run venue. It’s vastly different than the way we operate,” Mickelson said.

License Committee Chairman Eugene Schulter (47th) and Mary Lou Eisenhauer, the city’s acting director of Business Affairs and Licensing, said they don’t buy Mickelson’s claim that the crackdown will have a chilling effect on live entertainment in Chicago.

To the contrary, Schulter said it “creates a whole new status for legitimate operators” -- by getting rid of the fly-by-nights.

“There’s no security. They over-market. ... You have 500 people showing up for a venue that can only accommodate 250, so people are waiting [outside] and disturbing the quality of life for people in the neighborhood. ... Now, they’re going to be held accountable,” the alderman said.

Licensing event promoters was among the reforms recommended by a panel of experts appointed by Mayor Daley in the wake of the E2 nightclub tragedy and the Lincoln Park porch collapse.