Apartment Gallery Update

Mari Espinosa

In light of the confusion surrounding the legality of apartment galleries, I finally just called the Business Affairs Office and asked. Many people have said they that are confused with exactly what is needed if anything at all. The answers I got explain why:

First Phone call: Apartment galleries are illegal and even showing art to the public in your home is illegal.

Second phone call: A woman in the Business Affairs office told me that in no way could someone have an apartment gallery, saying it is “not a business activity that can be conducted from home.” She also said that the Home Occupation License was the only license that allows residents to work from home.

Third phone call: Another woman said that of course they are legal, but the city’s main concern is having a business license for one location but then storing material at another site.

Confused yet? I finally got in touch with Efrat Stein, the spokesperson for Chicago’s Department of Business Affairs. She apologized for the misunderstanding and confirmed that apartment galleries when used as a” networking opportunity,” such as inviting friends over to view and buy art is perfectly legal.

“For the artist showing art or another persons art to friends or for a private party such as an invitation or guest list and not open and or advertised to the public, in the home, having art openings or showings and even selling art in your home does not require a business license,” she said in an e-mail.

Established apartment galleries, or those with long-term goals or with regular exhibitions and hours should apply for a limited business license. An artist can have Live/Work space if he or she lives within certain business districts. The license allows 50 percent of the home space to be used for the production, showing and sale of art or business-related activity.

The limited business license was created to “accommodate artists working form home,” said Stein. As long as they meet the zoning requirements (B1, B2, B3, C1 and C2), can provide at least one parking space and live above the ground floor, their apartment gallery qualifies. The license costs $250 and lasts for two years.

According to Stein, 65Grand, an apartment gallery that recently received a cease and desist order from the city, actually is eligible for this license, as they meet the requirements as a B1 Zone apartment.

Stein said she thinks the confusion may have come from the term “apartment gallery” which those in Business Affairs may not be familiar with.

[More Updates on the way as more information comes in.]