What seemed like just another event at AV-Aerie, a nonprofit resource center and performance venue, ended abruptly after seven city investigators “raided” the space on Feb. 27 and slapped the owners with two citations and a cease and desist order.

Marshall Preheim, founder and director of AV-Aerie, 2000 W. Fulton St., was cited by the city’s Department of Business Affairs and Licensing for operating without the required Public Place of Amusement license and for selling liquor at retail without having a required liquor-tavern license.  He was given a March 17 court date.

That night’s event was a fundraising benefit for a local nonprofit featuring three musical performances and a donation bar, when the city investigators arrived on the scene.

“We responded to a complaint about an event that was going to take place involving a large crowd, live music, dancing and liquor, and we found at the event that the facility was unlicensed,” said Efra Stein, spokesperson for the city’s Department of Business Affairs and Consumer Protection.

There were several licenses that AV-Aerie was required to have, Stein said, specifically a Public Place of Amusement license and a liquor license.

“What’s important here is that any time an event is open to the public that involves an admission fee, live entertainment or liquor it is important to make sure the proper licenses are in place, which part of the licensing process includes passing a facility inspection,” Stein said. “Having this kind of event is a big responsibility, and we must ensure the public is safe and the venue is safe.”

But Preheim thought he was operating within law, he said, because AV-Aerie does not charge an actual admission for events, but rather a “suggested donation.” The same goes for the alcohol—there is no actual charge for it. People just donate whatever they are comfortable with, he said.

This was not Preheim’s first run-in with the city. Nearly the same situation happened about a year ago, though at that time he was less aware of the laws.

Since the problems with licensing first arose, Preheim has been attempting to obtain the appropriate license from the city, but because of the venue’s close proximity to a vocational school, there have been difficulties.

He said after this most recent raid, he has been working with people in the Department of Licensing to find a way to bring AV-Aerie into compliance, and they may have found one.

“Our intent has and always will be to operate within the limits of the law,” Preheim said.

Stein said that asking for a suggested donation rather than selling tickets didn’t really matter and that AV-Aerie would have still been cited because “other elements” were at issue with the event, such as the number of people in attendance and the live entertainment taking place.

Chicago musician and independent record label owner Mark Solotroff, 45, has performed several times at AV-Aerie and said the venue is a vital space for the independent music scene in Chicago. If it were to be permanently shut down, it would leave a definite hole in the music community.

Solotroff, who sings for the experimental band Bloodyminded, said it would be the more underground and experimental bands that would suffer most if AV-Aerie closed because there are far fewer venues for that type of music in Chicago.

“And of the bigger impacts could be that other smaller venues that are willing to do these types of shows are probably going to start to disappear because they are going to be in fear of getting cited by the city,” Solotroff said. “It could definitely have a ripple effect.”

Some underground venues have already stopped promoting their shows in any kind of publications because they want to keep their spaces “safe” and out of the city’s view, Solotroff said.

But Preheim said he has no intention of giving up and is going to try to obtain the appropriate licenses to keep AV-Aerie going.

Chicago musician and independent record label owner Mark Solotroff, 45, has performed several times at AV-Aerie and said the venue is a vital space for the independent music scene in Chicago. If it were to be permanently shut down, it would leave a definite hole in the music community, he said.

Solotroff, who sings for the experimental band Bloodyminded, said it would be the more underground and experimental bands that would suffer most if AV-Aerie closed because there are far fewer venues for that type of music in Chicago.

“The bigger impact could be that other smaller venues that are willing to do these types of shows are probably going to start to disappear because they are going to be in fear of getting cited by the city,” Solotroff said. “It could definitely have a ripple effect.”

Some underground venues have already stopped promoting their shows in any kind of publication because they want to keep their spaces “safe” and out of the city’s view, Solotroff said.

But Preheim said he has no intention of giving up and is going to try to obtain the appropriate licenses to keep AV-Aerie going.

“New information has been provided by the Department of Business Affairs and Licensing and our long wait may be over,” Preheim said. “We’re going forward with renewed hope that we’ll be able to complete the application process and clarify other activities that are gray areas by the city.”