Are Apartment Galleries Illegal?
Mari Espinosa
About a year ago, a Chicago city official walked into Green Lantern Gallery to check a license for the sandwich board advertisement outside. When he found out the gallery had no license, Caroline Picard, the owner, was given a two tickets, one for the sandwich board and one for not having a business license.
Why wouldn’t a gallery owner have a business license?
Because the Green Lantern Gallery was also Picard’s home. She estimated that of the 1200 square-foot apartment, about 50 percent was gallery space and the other 50 percent was living space. Picard said the gallery had 501c3, or non-profit, status and she did know she needed anything further.
“There are some rules about the number of [people] that come, where the exits are,” she said “and based on those regulations, pretty much every apartment gallery is illegal.” She noted that a business license is not meant for apartment galleries, or at least not made with them in mind. Picard added that she was told she needed a live/work license but did not qualify because of the zone her apartment is in.
On a call to the Department of Business affairs, a representative said that the only option for an artist to work from home is a Home Occupation License. There was no mention of any other license available to make apartment galleries legal.
The City of Chicago’s Business Affairs and Consumer Protection Web site, a list rules states what business owners can and can’t do with a Home Occupation license. One states that “No more than 2 clients may visit your home at one time and no more than 10 clients within any 24 hr period.”
Another rule states that no more than 15 percent of the apartment space used as a business in a multiple dwelling building.
Such rules as these are clearly prohibitive to galleries artists might want to run in their homes.
Picard believes that these kinds of spaces are important for the art world. She finds that art changes when you change the venue it is shown.
“The collusion of public and private space, mixed with a living contemporary art and the communities that support it, is transgressive in and of itself,” she said. “Such a recipe breaks down the societal expectations of public activity. Furthermore apartment galleries agitate common definitions of ‘home’ and ‘domestic space.’ The people who inhabit apartment galleries organize their homes according to the possible descent of an unknown body of people: the public.”
Picard started Green Lantern because she was interested in “creating this intersection between domestic space and public space.” As such, she said, apartment galleries are, for the average person, a bridge to what can be a really insulated art community.
It’s impossible to know exactly how many apartment galleries exist in Chicago. Many are only active for a short period and many are just not well known. But the many of them are not legal, and may not be able to be.
Since the ticket, Green Lantern Gallery has been put on hiatus. Because of zoning issues, Picard cannot get a license for her apartment, but said she is currently searching for a storefront to rent so the gallery can reopen.
[Ed Notes: This begins a series that will unpack this further, and look and short and long-term solutions that can preserve Chicago's most unique quality of our art scene: the alternative space. We'll figure out how you can "throw a private art event" and still receive press coverage, along with actions that can possibly change the above-listed regulations]
Figures! Just another form of the ridiculous and unfair infrastructure that has always been
a staple in Chicago, but has been getting worse. The city govt is dead set on keeping
w/in their regulations that push local music, art n fashion out of it’s own atmosphere.
When is the city and it’s old rulers going to realize that Chicago could have long ago been
far longer than where it is have it not be for their constant shutting the little guy out of any
hope to transgress and move beyond and in return give back to the city. Seems it will always
be where it is at and never be the “actual ideal” city they so dare to advertise all the time.
That’s why so many people attempt to move out of Chicago because the city doesn’t support
it’s local scene. They would rather keep all the $ to themselves and their families, this is indicative
of a lot of things they have been doing to make up for their debt!
Already lots of questions and buzz. So I’m going to comment as I talk to legal experts on the phone and ask around.
Here’s the overview. For things totally under the radar, like MVSEVM, they’re in decent shape. They don’t have the word gallery in their name and (not sure) but they’re likely not an 501c3.
So then yes, you’re not a gallery, you’re having a party. And that’s fine. However, if someone breaks their leg and sues and says, “that wasn’t a party, it was a gallery”, then you’re completely out of luck and all the liability business hold shoot through the roof. You serve alcohol, someone crashes their car, same thing.
See the license is really damning – because the license isn’t allowing you to show art. AND if you don’t have the liability insurance – you’re screwed. You’ve got the paperwork saying you’re a business, without all the paperwork that goes with it.
You also need to NOT be a 501c3, because then, again, you’re a business.
What I’d like to do is craft a scenario of exactly how you can legally throw a party. Show it to the city and say, ‘are we cool? If you do it like this, are you still at risk of getting fined?’
It gets down to this – until someone sues and it’s settled in court, there’s no legal prescident. So there is no answer to some of this stuff.
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It was just a matter of time… I hope these spaces continue…
Rene Romero Schuler:
As a fan of the “Salon” concept in art viewing/conversing, this is a truly unfortunate circumstance that I hope can be rectified. ThinkArt Salon in Bucktown comes to mind as a great local “Apartment/Gallery” space that really seems vital to our community in terms of its concept and overall impact on the Chicago art scene. I think I have mixed feelings about someone actually living in the space…it can feel a little weird sometimes. But personal apprehension or not, what’s so different about running a gallery out of your home than any other kind of business (like massage therapist, insurance broker, psychiatrist…)?
My feeling is that there is difference between stupid laws on the books, and actually enforcing them.
Any bigger fish to fry, Chicago?
It is a fine line to walk with these city regulations. There are a few neighborhood programs that allow temporary art installations, exhibtions, storefront displays, cafe galleries, and full-time galleries for artists at little or no charge.
I would suggest checking around in your neighborhood where these spaces exist (as they already have all the insurance and permitting stuff figured out).
On a recent visit to Chicago I was desperately scouring the reader/internet looking to visit some galleries and check out the art scene there. I found very little almost nothing. I ended up at a bar where a group of young artists were painting/drawing live and selling there art. It was so sad that these kids had no gallery that would show their work by far the best work I saw during my visit. The 2 galleries I did see were dated and boring. I know there has to be some good stuff out there. Now I know why I couldn’t find them they must all be in apartments now. Even in the 80′s friends were having studio shows rather than giving 50 percent to the galleries. I think perhaps Chicago is a city that “won’t believe the hype”. Case and point the club “Limelight”. This hugely popular NY club where you had to look a certain way to be let in. Chicago rejected it and no one went. I was born and raised in the region and lived in Chicago before the Superior Street Fire. I guess it never really recovered after that. I’m all for studio/apartment shows any way to keep the arts alive seeing as government, education and even private funding don’t seem to find or support these artists.
Since when are apartment galleries considered businesses? It’s not as if they actually sell work.
We love our urban legends about garage-based startups (think, Apple Computer). Chicago garages are too cold for hosting art galleries, and with parking so limited, those spaces are prized for their intended purpose. The apartment gallery is the logical choice for a low-investment way that wannabe gallerists can get their feet wet and find out if they have what it takes to run a gallery. The city should encourage and support entrepreneurs, for they make Chicago interesting. Who wants a dull city?
I think doing an exposé series on this is a bad idea. It’s going to get even more attention to this issue and force the City’s further involvement. When it’s not being brought up all the time, it is less likely to cause a problem. This will force the alternative spaces underground further, and with it new accusations from people that such spaces are elitist and secretive.
At worst all this attention from you, and other publications, will result in such a crackdown as to remove the only way artists in Chicago can present challenging work. There are a few established places that show truly challenging work in the city and even fewer that give that opportunity to Chicago-based artists. Next to zero for emerging artists.
All this aside, there’s the likelihood that this will become a big issue and yet again attention will focus not on art, but something next to art.
Anyone know of any apartment galleries in the suburbs?
Hi Erik,
I respectfully disagree. First, it’s already happening. Green Lantern is closed, Ebersmoore was visited, and now 65 Grand was cited, along with several others getting a visit.
So the wheels are already in motion – and without any additional press about the situation, the apartment galleries will already quietly close or go further underground.
What I’d like to cover is:
Options – information about how to you either become legal, or truly a private party, would be very useful right now. It’s a free country, you can have some people over, drink some beer and look at art on the wall. There’s nothing illegal about that. And with a few tweaks, any apartment can do that.
Second, SoHo was built based on illegal use of the buildings in the area. And there were shut down and evictions – but eventually the public support was so strong that they changed the zoning so the artists could remain. So the city does cave.
Third, my issue is that this department, which is so quick to issue citations, is incredibly short on information as to what, exactly, the rules are. They’re a Prussian miliatary unit in their organizational skills required to hassle a venue, yet appear mystified and confused as we ask basic questions.
Here are your options:
It is not illegal to have a party in your home, drink, show your art -or a friends art or even sell it. When you turn your home into a gallery or a space that is open to the public, with regular hours, and advertisements to the general public, then you are in a grey area that is going into a business environment and may need a license.
If you are drawing crowds of people,and you live in a residential area, you may end up with people complaining to the city and then have an inspector or police at your door responding to the complaint-
Be reasonable people and stop freaking out. Are you just having a party and inviting friends-family to show your art? Or do you want to be in the business of running a gallery? If you want that, then find the right space.
The city allows home based galleries that are in a zone that permits Artist/Live Work Space- definition: A dwelling unit in which 50% of the floor area is used for the production, showing or sale of art.
There is a license for that – its called a Limited Business License, and you can get one if your home is on the second floor and you are in a B1,B2,B3,C1,C2 zone- you also need a 1 parking space. If you are on the ground floor you can be in a B2- otherwise its a big process to get approved. The cost is $250 per year.
Also, the city does not issue fines to businesses anymore if it your first offense, they issue a notice.
[...] any case, here is some of the article. you can read the whole bit by going here. Marina City Plan with Apartment [...]
This article is mixing two separate things, galleries and apartment shows. Apartment shows started as a response to artists’ frustration with curators, collectors and an elite gallery scene. They installed their work in their living spaces and invited people to respond to it. If you are going to act like a gallery in every way (sandwich boards, non-profit status) can you really be surprised when the City figures out and expects you to follow its regulations? One of the great things about art in Chicago is that it never has conformed to art goes in a gallery and there aren’t just a few people driving it. Galleries come and go. They always have. If they are supporting good work they find other ways to operate.
look for the Large Front page A1 Tribune(Vera) article to be in print this coming week..
from what i can gather it will try to look into the zoning problems the city has, possible loop holes for temporary events ie. an opening night.
I agree with Erik. none of this direct press naming names will generate any good attention to this issue. it’s all tentative. wait until you have the meat
Erik’s right. Quit outting people.
Oy. With the grassroots, I can never do anything right. I’m glad as of 5/31 we will editorially (including reviews) be staying away from the entire scene. Hopefully that will appease everyone.
Eveyone who doesn’t want the apartment galleries to get press just won. The category was taken off the map last week, and we’ll keep making changes from there.
This ridiculous, disgusting situation is not surprising in today’s Chicago. Daley and his minions are threatened by anything they can’t control, including art and people who create or appreciate art. So they want to wipe the city clean of art – whether on the streets, in living spaces or in galleries.
[...] few weeks ago, Chicago Art Magazine ran an article asking the question, “Are apartment galleries illegal?” The article summarized the troubles The [...]