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ONLINE: 12-23-05 |
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| Theatre Wit and the New PAV BY JEREMY WECHSLER OK, I know I keep promising I'm going to start spending actual money on the space, but as the new Performing Arts Venue license just passed, I have to take a few moments and assess its impact on small theatres in general--and us in particular. Here are a few of the cool new things about the PAV: 1) Short Shorter Shortest The new application is only about 6 pages; survivors of the old PPA will recall its 20-plus pages with horror. As a special bonus, some of the more Byzantine requirements, such as detailed financial reporting and an extensive background check, are no longer required. You still have to get fingerprinted, but can do it at City Hall instead of that dismal police station on the south side. 2) "Small" venues only The PAV only applies to small theatres. In this context, "small" is under 500 seats. This is a relief to us, as we had heard a rumor that over 200 seats might not be covered. As a special bonus, if you (unlike us) are performing in a church, auditorium, etc. with a larger seating capacity, you are still eligible for the PAV, providing your use of the space is incidental. For example, Timeline's current space is operating as a theatre full time. Not incidental. Were it shared with the church for regular services, incidental. Sadly, if you're over 1,000 seats, you still need a PPA, so I wouldn't approach the megachurches about that production of Love! Valour! Compassion! just yet. 3) Cheaper is better, right? Even if you can't get your Alderman to waive the fee, it's much cheaper. Fifty-five dollars if you're under 500 seats. This is notably cheaper than the previous charge of $385-$500. If you've already applied for your PPA, you don't get the money back. However, existing PPA venues can renew under the PAV license online if they choose. Existing "theatrical community centers" will automatically renew as PAV. 4) Theatres Theatres Everywhere Your theatre can now be located next to a church, hospital or school. Why was this forbidden before? Because the PPA covered bars and nightclubs as well as theatres. You can even put your theatre next to a residential property (R1-3 zoning). Previously, only non-profits with less than 300 seats were eligible to cozy into a residential neighborhood. This simplifies the space hunt and prevents you from having to: a) get a surveyor to figure out how far that church on the corner really is, so you could b) get a dispensation from your Alderman. Note that your physical site must still be zoned properly. You can't put your theatre into the basement of your parents' ranch house. Only next to it in an appropriate commercial or mixed-use space. 5) Use the "Internets" PAV applications will be available at chicagoplays.org and cityofchicago.org. There will also be an online application and renewal process. (The latter is a godsend). 6) New licensing department Previously, the Department of Revenue was in charge of PPA licensing. Now a new department, Business Affairs and Licensing, will tenderly shepherd your PAV along. Why is this good? The Department of Revenue was very, very large and had to devote a lot of resources to tracking me down about unpaid parking tickets. A smaller, more focused department can only help navigate the city licensing process. Even better, the Department of Business Affairs will assign dedicated caseworkers to track individual PAV applications. Not just one department, but one person! One phone number! One e-mail! OK, I'm calming down... Calm... 7) Longer window for reporting management changes Many small theatres have a... well... shifting and dynamic board membership. Previously, you had to report these changes to the city within 10 days, and woe betide the theatre also doing a license application in that time. Now you get a comfy 60 days to report all those items. 8) The donations question finally answered. Several theatres running into PPA difficulties have attempted to request donations instead of ticket prices to avoid the PPA requirement. There was about a 15 percent success rate in this stratagem, depending on which inspector/police officer was sent to assess the situation. Now it's official. If you have under 100 seats, you can operate without a PAV. All you need is a sign (no less than a letter-sized sheet of paper) saying "Under Section 4-156-535 of the Municipal Code of Chicago, this performing arts venue may not charge an admission fee, minimum purchase requirement, membership fee, or other fee or charge imposed for the privilege of entering the premises. Any donations are purely voluntary." Catchy, no? But useful. Say you're a small theatre struggling to open your space. You finish construction and the inspectors say you have a serious problem that requires redress. They'll be back in four weeks. Your season is set to open in one. You are allowed to start your run by soliciting donations instead of tickets, which might well be less expensive than canceling your opening. I've been stressing out about this for some time, as we need to plan our season almost a year ahead of time, but I've been unable to predict when licensing would be complete. Now, if I open a single space under 100 seats, I can produce legally while waiting for the PAV to be complete. This is going to make scheduling a lot less stressful as we get closer to our grand opening. All we need to open for business is the occupancy card. This is much easier to get than the PAV/PPA from an inspection standpoint and must be applied for before you start the PAV process anyway. 9) Theatrical Community Center, RIP The "Theatrical Community Center" designation is replaced in it's entirety by the PAV. You can no longer apply under the TCC/PPA rules. And that's a good thing. The TCC revision was an early effort to clarify some of the problems theatres faced under the PPA. All existing code on the TCC has been rolled into the new PAV. What's the same? 1) You still need an occupancy card. This is the placard that the city provides saying just how many people can occupy the space lawfully (if not comfortably). No placee, no performee. This is amazingly easy to get (which is a positive, as it's required to apply for the PAV). It's a single page application. You need floor plans, some information about unfixed seating if you have any, and a few stamps from the Zoning department. All you need to do then is schedule an inspection with the city (Mike Galvan, 312/746-9796). It takes about 45 days start to finish. You can start this process as construction is winding down. 2) Parking rules are unchanged. Spaces over 150 seats must provide one parking place for every ten seats; a problem we are still wrestling with here. 3) Pre-inspections. The Department of Buildings will still perform pre-inspections of venues to advise you about potential code violations before you sign a lease. 4) Background checks. The police background check is still required, but is "less extensive." I honestly don't know what that means, but clean up your parking tickets and be prepared to defend any previous convictions. 5) All existing fire codes and handicapped access rules. None of this changes. Not one word. Fire-retardant scenery, minimum aisle and row widths, lobby size, etc. are all still there. The PAV is meant to be easier, not a license to kill. So what does all this mean to our little building project here at TW? Nothing drastic, as we already found a space that would comply with the PPA requirements and we're nowhere near ready to start applying. Mainly, I feel a sort of pre-anticipatory dread lifting. I think it makes finding and opening a space significantly easier and quicker while clarifying a number of fuzzy code issues that could delay the approval process. And--while I am not prone to uncontrollable outpourings of affection for the League--they've done an outstanding job. I want to buy them all stiff drinks. The PPA process was the largest operating hurdle (after money) many theatres faced. The new code provides simplicity and clarity in a much needed area for our industry. I, for one, will be attending the PAV clinic hosted by the League of Chicago Theatres on January 23rd between 2pm and 6pm at the Chicago Cultural Center. I also recommend you contact either Ben Thiem at the League (312/554-9802) or Julie Burros at the Department of Cultural Affairs (312/744-8938) who can provide one-on-one guidance and help if you are about to enter the PAV application process yourself. Next month, the permitting process, or "Why is a paper theatre so expensive?"
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