[HISTORY: Adopted by the City Council of
the City of Lexington as 12-12-2005 by Ord. No. 2005-11 (Ch. 6, Art. 8, of
the 1998 Code). Amendments noted where applicable.]
This chapter of the Code of the City of Lexington
shall be known, cited and referred to as the "Sexually Oriented Entertainment
Business Ordinance of the City of Lexington, Illinois," and at times
may be referred to as "this chapter." As used herein, "City" means
the City of Lexington.
It is the purpose of this chapter to address the negative impacts associated with sexually oriented entertainment businesses, as identified in the legislative findings made and cited in § 167-3 of this chapter; to reduce or prevent neighborhood blight; to protect and preserve the quality of the City's neighborhoods and commercial districts; to protect the City's retail trade; to maintain property values; to protect and preserve the quality of life in the City; to reduce the incidence of unlawful activity; and to promote the health, safety, morals, and general welfare of the citizens of the City. The provisions of this chapter have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials for adults. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment to the United States Constitution, or to deny access by the distributors and exhibitors of sexually oriented entertainment for adults to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.
The Mayor and City Council make the following
legislative findings:
A.
The Courts of Illinois as well as the United States
Supreme Court have recognized the City's authority to adopt rules
and regulations over the operation of sexually oriented entertainment
business establishments.
B.
The City has a substantial governmental interest in
protecting the public health, safety, and welfare of its citizens
and all persons within the City and of propounding standards to mitigate
the possibility of infection by contagious sexually transmitted diseases.
C.
There is convincing documented evidence, including
statistics and studies performed in a substantial number of communities
in the State of Illinois and in the United States, concerning the
serious objectionable characteristics and secondary effects of sexually
oriented entertainment businesses located in other jurisdictions.
The City Council finds that these studies are relevant to the problems
addressed by the City in enacting ordinances to regulate the adverse
secondary side effects of sexually oriented entertainment business
establishments.
D.
The City Council finds that there is substantial evidence
that an increase in crime tends to accompany, concentrate around,
and be aggravated by sexually oriented entertainment businesses, including
but not limited to an increase in the crimes related to prostitution,
sale and possession of controlled substances, and violence against
persons and property. These studies from other jurisdictions establish
convincing evidence that sexually oriented entertainment business
establishments, if not regulated pursuant to the location and operational
requirements set forth in the ordinances of the City Code, can result
in an increase in criminal activities and other adverse secondary
effects with a deleterious impact on adjacent commercial and residential
properties.
E.
The City Council finds that enclosed or dimly lit
areas within sexually oriented entertainment businesses greatly increase
the potential for unlawful conduct, such as prostitution, sales of
controlled substances, and lewd and lascivious conduct, and further
finds that all indoor and enclosed public areas should be open to
view by management and visible to all other public areas in the sexually
oriented entertainment business establishment. Adequate lighting and
direct management supervision of such areas are necessary in order
to reduce the opportunity for and incidents of illegal conduct and
facilitate routine inspection by public safety personnel.
F.
The City Council, in adopting this chapter, is aware
of and takes legislative notice of well-established legal principles
related to the regulation of sexually oriented entertainment businesses
and does not intend to suppress or infringe upon any expressive activities
protected by the First Amendment of the United States Constitution,
but instead intends to enact reasonable regulations that address the
adverse secondary effects of sexually oriented entertainment businesses.
G.
The City Council finds that location and zoning regulations
alone are insufficient to adequately protect the health, safety, and
general welfare of the citizens of the City, and thereby finds that
it is in the public interest to establish certain requirements with
respect to the ownership and operation of sexually oriented entertainment
businesses.
H.
The City Council finds that there is clear and convincing
evidence that close contact between performers and patrons, and the
direct solicitation of and the direct giving of gratuities in sexually
oriented entertainment business establishments, facilitates the opportunity
for specified criminal acts, including, but not limited to, solicitations
for sexual acts, transfer of controlled substances, and lewd and lascivious
conduct, and further finds that the enforcement of such laws prohibiting
such specified criminal acts requires a disproportionate level of
public safety resources.
I.
Sexual activities.
(1)
The City Council finds the following, based upon its
understanding of the documents and judicial decisions in the public
record:
(a)
Evidence supports a finding that some dancers
and entertainers, and other persons who publicly perform specified
sexual activities or publicly display specified anatomical parts,
as defined herein, in sexually oriented entertainment businesses (collectively
referred to as "performers"), have been found to engage in specified
sexual activities with patrons of such sexually oriented entertainment
businesses on the site of sexually oriented entertainment businesses.
(b)
Evidence demonstrates that performers employed
by sexually oriented entertainment businesses have been found to offer
and provide private shows to patrons who, for a price, are permitted
to observe and participate with the performers in live entertainment
exhibiting specified sexual activities or displaying specified anatomical
parts, as defined herein.
(c)
Evidence supports a finding that performers
at sexually oriented entertainment businesses have been found to engage
in acts of prostitution with patrons of the sexually oriented entertainment
businesses.
(2)
As a result of the above, and in view of the increase
in the incidence of acquired immune deficiency syndrome (AIDS) and
Hepatitis B, which are both sexually transmitted diseases (STDs),
the City has a substantial interest in adopting regulations that will
reduce, to the greatest extent possible, the possibility for the occurrence
of prostitution and casual sex at sexually oriented entertainment
businesses.
J.
The City Council finds that there are unique harmful
effects on children and minors exposed to the effects of sexually
oriented entertainment businesses, including, but not limited to,
the deterioration of respect for family values, exposure to images
and acts which they are too young or immature to fully understand,
exposure to items and displays containing pornography or sexually
oriented toys or novelties, and the possibility that such children
or minors could inadvertently become targets or otherwise victims
of solicitations of a sexual nature which they are too young or immature
to understand or against which they are too young or immature otherwise
to take appropriate measures to protect themselves.
K.
The City Council finds that the consumption of alcoholic
beverages by persons while patronizing sexually oriented entertainment
businesses tends to impair the judgment of and to reduce inhibitions
by such persons and, as a result, increases the likelihood of close
physical contact with performers and the risk of specified criminal
acts, including, but not limited to, solicitations for sexual acts,
transfer of controlled substances and lewd and lascivious conduct.
L.
The City Council desires to minimize and control the
adverse secondary side effects associated with the operation of sexually
oriented entertainment businesses and thereby protect the health,
safety, and welfare of the citizens of the City from increased criminal
activity, preserve the quality of life, minimize adverse impacts on
property values and the character of surrounding neighborhoods and
commercial businesses, and to deter the spread of communicable and
sexually transmitted diseases.
For the purposes of this chapter, unless the
context clearly requires a different meaning, the words, terms, and
phrases set forth shall have the meanings given them herein:
A building or portion of a building featuring dancing or
other live entertainment if the dancing or other live entertainment
involves the exhibiting of specified sexual activities or specified
anatomical areas, as defined in this chapter, for observation by patrons
therein.
A hotel or motel or similar business establishment offering
public accommodations for any form of consideration which provides
patrons with closed-circuit television transmissions, films, computer-generated
images, motion pictures, videocassettes, slides, or other photographic
reproductions, 50% or more of the number of which are distinguished
or characterized by an emphasis on the exhibiting of specified sexual
activities or specified anatomical areas, as defined in this chapter;
and which rents, leases, or lets any single room for less than a six-hour
period, or rents, leases, or lets any single room more than twice
in a twenty-four-hour period.
An establishment or business that provides, for any form
of compensation, monetary or other consideration, the services of
live models modeling lingerie to individuals, couples, or small groups
and in which specified anatomical areas of the models are displayed
for the purpose of sexual stimulation of the patrons, and further
provided that such modeling takes place in a room smaller than 600
square feet in gross public floor area.
Magazines, books, videotapes, movies, slides, CD-ROMs or
other devices used to record computer images, or other media that
are distinguished or characterized by their emphasis on matter depicting,
describing, or relating to hard-core material.
An establishment that rents and/or sells media, which media
meets any of the following tests:
A business which provides, for any form of compensation,
monetary or other consideration, hire or reward, figure models who,
for the purposes of sexual stimulation of patrons, display specified
anatomical areas, as defined herein, to be observed, sketched, photographed,
painted, sculpted, or otherwise depicted by persons paying such consideration.
Schools certified pursuant to standards set by the State of Illinois
are not included in the definition of "adult modeling studio."
An establishment emphasizing or predominantly showing sexually
oriented movies distinguished or characterized by an emphasis on matters
depicting, describing, or relating to hard-core material, specified
anatomical areas, and/or specified sexual activities (as defined in
this chapter) for observation by patrons therein.
Any sexually oriented entertainment business, including any
business establishment that regularly features live entertainment
distinguished or characterized by an emphasis on the exposure of specified
anatomical areas or specified sexual activities, as defined herein,
or any business establishment whose primary purpose is the sale or
display of any explicit sexual material which, pursuant to state law
or other regulatory authority, can be offered only to persons over
the age of 18 years. It shall be unlawful for any person under the
age of 18 years to be within any building that is the site of an adult
sex business. "Adult sex business" may include an adult cabaret, adult
hotel/motel, adult media store, adult modeling studio, adult motion-picture
theater, adult video arcade, adult lingerie modeling studio, or a
sex shop.
Any place in an adult media store to which the public is
permitted or invited wherein coin-operated or slug-operated or electronically,
electrically, or mechanically controlled still or motion-picture,
or video machines, projectors, or other image-producing devices are
maintained to show images distinguished or characterized by an emphasis
on matters depicting, describing, or relating to hard-core material,
specified anatomical areas and/or specified sexual activities (as
defined in this chapter) in video-viewing booths or arcade booths
for observation by patrons therein. Adult video arcades are prohibited
uses except in adult media stores.
A person who is required to file an application for a license
under this chapter, including an individual owner, managing partner,
officer of a corporation, or any other operator, manager, employee
or agent of a sexually oriented entertainment business, as defined
herein.
A person who supervises, manages, inspects, directs, organizes,
controls or in any other way is responsible for or in charge of the
premises of a sexually oriented entertainment business, as defined
herein, or activities occurring on the premises thereof.
A person or persons who hold a financial or other business
interest, in whole or in part, either singly or jointly in a sexually
oriented entertainment business, as defined herein. For purposes of
this chapter, indicia or ownership may be established by evidence
including, but not limited to, business license information, fictitious
business name registration, utility billing information, or by other
competent evidence. For purposes of this chapter, the person whose
name appears on the sexually oriented entertainment business license
application as the business owner shall be deemed to be the "business
owner."
The City Clerk for the City of Lexington, Illinois, or his
or her designee.
The City Council for the City of Lexington, Illinois.
Calendar days, unless otherwise specifically set forth in
this chapter.
The act of exposing, placing, posting, exhibiting, or in
any fashion displaying in any location, whether public or private,
an item in such a manner that it may be readily seen and its content
or character distinguished by normal unaided vision viewing it from
a street, highway, or public sidewalk, or from property of others,
or from any portion of the premises where items and material other
than adult media are on display to the public.
Any business regulated by this chapter.
Any hard-core material as defined by this chapter.
The total floor area of the building accessible or visible
to the public, including showrooms, motion-picture theaters, motion-picture
arcades, service areas, behind-counter areas, storage areas visible
from such other areas, rest rooms (whether or not labeled "public"),
areas used for cabaret or similar shows (including stage areas), plus
aisles, hallways, and entryways serving such areas.
Media characterized by sexual activity that includes one
or more of the following: erect male genitals; contact of the mouth
of one person with the genitals of another; penetration with a finger
or male genital or other object into any genital or anal orifice in
another person; open female labia; penetration of a sexually oriented
toy or novelty into any orifice in another person; or male ejaculation.
The place or location described in a sexually oriented entertainment
business license where a sexually oriented entertainment business
establishment is authorized to operate.
Any person or entity who or which has been issued a sexually
oriented entertainment business license pursuant to the provisions
of this chapter.
An establishment offering massage therapy and/or bodywork
by a massage therapist, licensed by the State of Illinois, or City
of Lexington City Code, or under the direct supervision of a licensed
physician.
The Mayor for the City of Lexington, Illinois, or his or
her designee.
Anything printed or written, or any picture, drawing, photograph,
motion picture, film, videotape or videotape production, or pictorial
representation, or any electrical or electronic reproduction of anything
that is or may be used as a means of communication. "Media" includes
but shall not necessarily be limited to books, newspapers, magazines,
movies, videos, sound recordings, CD-ROMs, other magnetic media, and
undeveloped pictures.
A general term identifying a category of business that may
include sexually oriented material but that is not subject to the
special provisions applicable to adult media stores. In that context,
"media shop" means a retail outlet offering media for sale or rent,
or for consumption off the premises, provided that any outlet meeting
the definition of "adult media store" shall be treated as an adult
media store.
A state of dress or undress that exposes to view:
Less than completely and opaquely covered human genitals; pubic
region; anus; or female breast below a point immediately above the
top of the areolae, but not including any portion of the cleavage
of the female breast exhibited by a dress, blouse, shirt, leotard,
bathing suit, or other wearing apparel, provided that the areola is
not exposed; or
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
The Administration Department, the Planning and Zoning Department,
the Legal Department, the Fire Department, and the Police Department
for the City of Lexington, Illinois.
An arrangement, service or program where a server, host,
hostess, dancer, singer, or model, for consideration, engages a customer
in a meeting or conversation involving, depicting, simulating, or
participating in any specified sexual activities.
Flagellation or torture by or upon a person clothed or naked
for the purpose of sexual arousal, or the condition of being fettered,
bound, or otherwise physically restrained on the part of one clothed
or naked for the purpose of sexual arousal.
An establishment offering goods for sale or rent and that
meets any of the following tests:
The establishment offers for sale items from
any two of the following categories: (a) adult media, (b) lingerie
in a lingerie modeling studio, or (c) leather goods marketed or presented
in a context to suggest their use for sadomasochistic practices; and
the combination of such items constitutes more than 50% its stock-in-trade
or occupies more than 50% of its gross public floor area.
More than 50% of its stock-in-trade consists
of sexually oriented toys or novelties.
More than 50% of its gross public floor area
is devoted to the display of sexually oriented toys or novelties.
An inclusive term used to describe collectively: adult cabaret;
adult modeling studio, adult motion-picture theater; adult video arcade
located within an adult media store; adult lingerie modeling studio;
and/or sex shop.
Any person, including entertainers, who works in or at, or
renders any services directly related to the operation of, a sexually
oriented entertainment business establishment; provided, however,
that this definition shall not include persons delivering goods, materials
(other than adult media), food and beverages, or performing maintenance
or repairs to the licensed premises.
A license issued for a sexually oriented entertainment business
establishment pursuant to the provisions of this chapter.
Any person, other than a sexually oriented entertainment
business employee, present in or at any sexually oriented entertainment
business establishment at any time when such sexually oriented entertainment
business establishment is open for business; provided, however, that
this definition shall not include persons delivering goods, materials
(other than adult media), food and beverages, or performing maintenance
or repairs to the licensed premises.
Instruments, devices, or paraphernalia either designed as
representations of human genital organs or female breasts, or designed
or marketed primarily for use to stimulate human genital organs.
Human genitals in a state of sexual stimulation or arousal
or acts of human masturbation, sexual intercourse, sodomy, or fondling
or other erotic touching of nude human genitals, pubic region, buttocks,
or female breast specified in the definition of "anatomical areas."
The use by any person, including specifically, but without
limitation, a sexually oriented entertainment business employee, of
any part of his or her body to touch the genitals, pubic region, buttock,
anus or female breast of any sexually oriented entertainment business
patron or any other person in an adult sex business, or the touching
of the genitals, pubic region, buttock, anus, or female breast of
any person in a sexually oriented entertainment business by a sexually
oriented entertainment business patron. Conduct shall be a "straddle
dance" regardless of whether the "touch" or "touching" occurs while
the person is displaying or exposing any specified anatomical area
as defined herein. Conduct shall be a "straddle dance" regardless
of whether the "touch" or "touching" is direct or through a medium.
Conduct commonly referred to by the slang terms "lap dance," "table
dance," and "face dance" shall be included within this definition
of "straddle dance."
Any booth, cubicle, stall, or compartment that is designed,
constructed, or used to hold or seat patrons and is used for presenting
motion pictures or viewing publications by any photographic, electronic,
magnetic, digital, or other means or media (including, but not limited
to, film, video or magnetic tape, laser disc, CD-ROM, books, magazines,
or periodicals) for observation by patrons therein. A video-viewing
booth shall not mean a theater, movie house, playhouse, or a room
or enclosure or portion thereof that contains more than 600 square
feet.
This chapter does not apply to any of the following
activities:
A.
Any activity conducted or sponsored by a school district
or government agency, provided that such activity is being conducted
as part of and within the scope of an authorized and regular part
of the curriculum or is part of a training or instructional program
being conducted by a school district or government agency.
B.
Any activity conducted by a person pursuant to any
license issued by the State of Illinois or any agency thereof charged
with the responsibility of licensing, prescribing standards for, and
supervising such activity or profession, in and to the extent that
such activity is conducted within the course and scope of the exercise
of the privileges authorized by such license or the duties of such
agency.
The City Council shall be the enforcement officer
for this chapter and shall have the following powers and duties:
A.
To administer and rule upon the applications for and
the issuance, renewal, suspension, and revocation of sexually oriented
entertainment business licenses as set forth in this chapter;
B.
To conduct or provide for such inspections of sexually
oriented entertainment business establishments as shall be necessary
to determine and ensure compliance with the provisions of this chapter
and other applicable provisions of law;
D.
To conduct such hearings, studies, and investigations
on sexually oriented entertainment business establishments, and the
regulations pertaining thereto, as deemed necessary, and to conduct
such hearings on the revocation or suspension of a sexually oriented
entertainment business license as required pursuant to this chapter;
E.
To establish written rules and regulations implementing
the provisions of this chapter, including, but not limited to, the
content and processing of any application or petition and the conduct
of any hearing; and
F.
To take such further actions as deemed necessary to
carry out the purpose and intent of this chapter and to exercise such
additional powers in furtherance thereof as are implied or incident
to those powers and duties expressly set forth in this chapter.
It shall be unlawful for any person to engage
in, conduct, establish, operate or maintain a sexually oriented entertainment
business within the City unless the person first obtains and continues
to maintain a sexually oriented entertainment business license issued
by the City Clerk as required by this chapter.
It shall be unlawful for persons not having
a current and valid sexually oriented entertainment business license
to establish, operate, or maintain a sexually oriented entertainment
business within the City at any time after the effective date of this
chapter.
It shall be unlawful for any licensee to establish,
operate, or maintain a sexually oriented entertainment business within
the City except in the manner authorized by, and in compliance with,
the provisions of this chapter and the licensee's sexually oriented
entertainment business license.
Every sexually oriented entertainment business
license shall be provided by the City and shall, at a minimum, prominently
state on its face the name of the licensee, the expiration date, and
the address of the sexually oriented entertainment business establishment.
Every licensee shall cause the licensee's sexually oriented entertainment
business license to be framed, covered by glass, and hung at all times
in plain view in a conspicuous place on the licensed premises so it
can be easily seen and read at any time by any person entering the
licensed premises.
Except as hereinafter provided, sexually oriented
entertainment business licenses shall be operative and valid, unless
first terminated, suspended or revoked, for a term of one year, commencing
on January 1 of the year following the year of issuance and terminating
on December 31 of that same year. Sexually oriented entertainment
business licenses issued after January 1 of any year for operations
to commence in that year shall be operative and valid, unless first
terminated, suspended, or revoked, for a term commencing on the date
of issuance and terminating on December 31 of that same year.
A sexually oriented entertainment business license may be renewed only by making application as required for an initial license pursuant to § 167-13 of this chapter. Application for renewal shall be made at least 45 days before the expiration of the then-current license term. The expiration of the license shall not be affected or extended by a renewal application that is made less than 45 days before expiration.
A.
Required form.
(1)
An
application for a sexually oriented entertainment business license,
or the renewal thereof, shall be made in writing to the City Clerk
on a form prescribed by the City Clerk and shall be signed:
(a)
By the applicant, if the applicant is an individual;
(b)
By at least one of the persons entitled to share in the profits of
the establishment and having unlimited personal liability for the
obligations of the establishment and the right to bind all other such
persons, if the applicant is a partnership (general or limited), joint
venture, or any other type of organization where two or more persons
share the profits and liabilities of the organization;
(c)
By a duly authorized agent, if the applicant is a corporation; or
(d)
By a trustee, if the applicant is a land trust.
(2)
The
application shall be verified by oath or affidavit as to all statements
made on or in connection with the application and any attachments
thereto.
(3)
Each
application shall specifically identify the applicant and the licensed
premises for which a sexually oriented entertainment business license
is sought.
(4)
Each
initial or renewal application shall be accompanied by seven identical
applications.
B.
Administrative processing fee. Every applicant for a sexually oriented entertainment business license or for the renewal of an existing sexually oriented entertainment business license shall pay an administrative processing fee as set forth in Chapter 63, Fees, by certified check to the City of Lexington, Illinois at the time of filing such application. Such fee shall in all cases be nonrefundable and shall be deposited in the general corporate fund of the City. Such fee shall be used to defray, in part, administrative costs incurred by the City in processing such application, and such fee is not made in lieu of any other fees or taxes required under this chapter or any other law or regulation.[1]
C.
Required information and documentation. Each application
for a sexually oriented entertainment business license shall include
the following information and documentation:
(1)
Applicant background profile.
(a)
Individuals. If the applicant is an individual,
include the applicant's legal name, the applicant's business address
and written proof of the applicant's age.
(b)
Partnerships (general or limited). If the applicant
is a partnership, joint venture or other type of organization where
two or more persons share the profits and liabilities of the organization,
include the applicant organization's complete name and official business
address; and the legal name, the ages, and business addresses of each
partner or any other person entitled to share in the profits of the
organization, whether or not such person is also obligated to share
in the liabilities of the organization.
(c)
Corporations. If the applicant is a corporation,
include the corporation's complete name and official business address;
the legal name, the ages, and business addresses of all directors,
officers, and managers of the corporation and every person owning
or controlling the voting shares of the corporation; the corporation's
date and place of incorporation and the object for which it was formed;
proof that such corporation is in good standing and authorized to
conduct business in the State of Illinois; and the name of the registered
corporate agent and the address of the registered office for service
of process.
(d)
Land trusts. If the applicant is a land trust,
include the applicant land trust's complete name; the legal name,
and the business address of the trustee of the land trust; the legal
name, and the ages and business addresses of each beneficiary of the
land trust and the specific interest of each such beneficiary in the
land trust; and the interest, if any, that the land trust holds in
the licensed premises, as required by 765 ILCS 405. All such applications
shall be verified by the applicant in his/her capacity as trustee,
or by the beneficiary as a beneficial owner of interest in such land
trust.
(2)
If a corporation or partnership is an interest holder that must be disclosed pursuant to Subsection C(1)(c) above, then such interest holders shall disclose the information required in said section with respect to their interest holders.
(3)
The general character and nature of the business of
the applicant and the length of time that the applicant has been in
such business.
(4)
The location, including street address and legal description,
and telephone number of the premises for which the sexually oriented
entertainment business license is sought, and the identity of each
fee simple owner of the licensed premises. If the applicant is not
the fee simple owner, a copy of the lease therefor shall be provided.
(5)
The specific name of the business that is to be operated
under the sexually oriented entertainment business license and the
specific type or types of sexually oriented entertainment businesses
that the applicant proposes to operate in the licensed premises.
(6)
A site plan showing the lot or property on which the
sexually oriented entertainment business establishment is or will
be located, and the location of the building or portion thereof in
which the sexually oriented entertainment business is or will be located,
the number of available parking spaces, the location and type of available
and proposed lighting, landscaping, trash enclosures, and all means
of ingress to and egress from the property. The site plan need not
be professionally prepared, but shall be drawn to scale with marked
dimensions to an accuracy of plus or minus one foot.
(7)
A floor plan diagram showing the internal and external
configuration of the licensed premises, including all doors, windows,
entrances, exits, the fixed structural internal features of the licensed
premises, plus the interior rooms, walls, partitions, stages, performance
areas, and rest rooms. A professionally prepared floor plan diagram
in the nature of an engineer's or architect's blueprint shall not
be required; provided, however, that each such diagram shall be oriented
to the north or to some designated street or object and shall be drawn
to a designated scale or with marked dimensions and to an accuracy
of plus or minus six inches and sufficient to show clearly the various
interior dimensions of all areas of the licensed premises and to demonstrate
compliance with the provisions of this chapter. The requirements of
this subsection shall not apply for a renewal application if the applicant
adopts a floor plan diagram that was previously submitted for the
license sought to be renewed and if the licensee certified the licensed
premises have not been altered since the immediately preceding issuance
of the license and that the previous floor plan diagram continues
to accurately depict the exterior and interior layouts of the licensed
premises. The approval or use of the diagram required pursuant to
this subsection shall not be deemed to be, and shall not be interpreted
or construed to constitute, any other approval by the City otherwise
required pursuant to applicable City ordinances and regulations.
(8)
The name of the individual or individuals who shall be the day-to-day, on-site managers of the proposed sexually oriented entertainment business establishment. If the manager is other than the applicant, the applicant shall provide, for each manager, all of the information required pursuant to Subsection C(1) of this section.
D.
Incomplete applications returned. Any application for a sexually oriented entertainment business establishment that does not include all the information and documents required pursuant to Subsection C of this section as well as the administrative processing fee pursuant to Subsection B of this section shall be deemed to be incomplete and shall not be acted on or processed by the City. The City Clerk shall, within 10 days of such submittal, return the incomplete application to the applicant along with a written explanation of the reasons why the application is incomplete.
A.
Reviewing departments. Within five days after receipt of a complete application for a sexually oriented entertainment business license that includes all the information, documents, and the administrative processing fee as required pursuant to § 167-13 of this chapter, the City Clerk shall transmit a copy of such application to the reviewing departments.
B.
Reviewing department reports. Each of the reviewing
departments shall, within 45 days after transmittal of the application
thereto, or within such other period of time as the City and the applicant
may otherwise agree:
(1)
Review the application;
(2)
Conduct such inspections of the proposed licensed premises and background investigations of the applicant and any of the individuals identified in the application pursuant to § 167-13C(1), C(2) and C(8) of this chapter, regarding matters within their respective jurisdictions as shall be reasonably necessary to verify the information set forth in the application and to determine whether the proposed sexually oriented entertainment business establishment and licensed premises comply with the requirements of this chapter and other applicable laws, codes, ordinances, rules, and regulations; and
(3)
Prepare and submit to the City Council a written report
regarding the results and findings of such reviews, inspections, and
investigations.
C.
City Council review. The City Council shall also conduct
such inspections and investigations as the City Council shall deem
reasonably necessary to verify the information set forth in the application
and to determine whether the proposed sexually oriented entertainment
business establishment and licensed premises comply with the requirements
of this chapter and other applicable laws, codes, ordinances, rules,
and regulations.
D.
Reliance on diagrams. In the event that the licensed premises have not yet been constructed or reconstructed to accommodate the proposed sexually oriented entertainment business establishment, the City Council and the reviewing departments shall base their respective reports, investigations, and inspections, to the extent necessary, on the site plan and floor plan diagrams submitted pursuant to § 167-13C(6) and C(7) of this chapter. Any sexually oriented entertainment business license issued prior to the construction or reconstruction necessary to accommodate the proposed sexually oriented entertainment business shall be subject to the condition that the sexually oriented entertainment business shall not be open for business until the licensed premises have been inspected and determined to be in substantial compliance with the diagrams submitted with the application.
E.
Applicant cooperation required. An applicant for a
sexually oriented entertainment business license shall cooperate fully
with the inspections and investigations conducted by the City Council
and the reviewing departments. The applicant's refusal to give any
information reasonably relevant to the investigation of the application,
to allow the licensed premises to be inspected, to appear at any reasonable
time and place for examination under oath regarding the application,
or to otherwise cooperate with the investigation and inspection required
by this chapter shall constitute an admission by the applicant that
the applicant is ineligible for a sexually oriented entertainment
business license and shall be grounds for the City Council to direct
the City Clerk to deny the license.
F.
Time for issuance or denial. The City Council shall, within 45 days after submittal of a properly completed application, or within such other period of time as the City and the applicant shall otherwise agree, either direct the City Clerk to issue a sexually oriented entertainment business license pursuant to the provisions of § 167-15A of this chapter or direct the City Clerk to deny issuance of a sexually oriented entertainment business license pursuant to the provisions of § 167-15B of this chapter. The City Clerk shall issue or deny the license within said forty-five-day period, or such other period of time agreed to by the City and the applicant, regardless of whether or not the City Council has received all of the reviewing department reports; provided that if after 45 days a criminal history background investigation has not been completed, the City Clerk may issue a temporary sexually oriented entertainment business license during the investigation period. The temporary sexually oriented entertainment business license shall be valid for 90 days from date of issuance and shall automatically terminate at the end of the ninety-day term. The City Clerk shall revoke the temporary sexually oriented entertainment business license immediately upon an unsatisfactory completion of a criminal history background investigation.
A.
Issuance. The City Clerk shall issue a sexually oriented
entertainment business license to an applicant if, but only if, the
City Council finds and determines all of the following, based on the
reports, investigations, and inspections conducted by the City Council
and the reviewing departments and on any other credible information
on which it is reasonable for the City Council to rely:
(1)
All of the information and documents required by the § 167-13 of this chapter for issuance of a sexually oriented entertainment business license have been properly provided and the material statements made in the application are true and correct.
(2)
For sexually oriented entertainment business establishments, all persons identified in the application pursuant to § 167-13C(1), C(2), and C(8) of this chapter are at least 18 years of age and not under any legal disability.
(3)
No person identified in the application pursuant to § 167-13C(1), C(2), and C(8) of this chapter is overdue on payment to the City for taxes, fees, fines, or penalties assessed against, or imposed on, any such individual in connection with any sexually oriented entertainment business establishment.
(4)
The sexually oriented entertainment business establishment, the licensed premises, and the proposed operation of the sexually oriented entertainment business comply with all then-applicable building, health, and life safety codes and regulations and have received all necessary zoning approvals required pursuant to the then-applicable provisions of Chapter 300, Zoning, of the Code of the City of Lexington, as amended.
(5)
No license has been issued for the sale of alcoholic
beverages from the premises where the sexually oriented entertainment
business establishment will be located. No sexually oriented entertainment
business license shall be issued to any person or premises for which
a massage therapy studio license or a liquor license has been issued
by the City.
(6)
When a sexually oriented entertainment business license
has been revoked or surrendered following notice of a hearing, as
provided herein, no license shall be granted to any person for the
period of one year thereafter for the conduct of a sexually oriented
entertainment business on the premises described and in the revoked
licenses.
(7)
Sexually oriented entertainment business establishments
shall be subject to the following location requirements:
(b)
No lot line of any lot to be occupied by any
sexually oriented entertainment business establishment shall be located
closer than 1,000 feet to the lot line of any other lot occupied by
a sexually oriented entertainment business establishment, and no lot
line of any lot to be occupied by any sexually oriented entertainment
business establishment shall be located closer than 1,320 feet to
the lot line of any other lot used for an amusement center, an amusement
park, a day-care center, children's home, children's museum, orphanage,
agency-operated family home, agency-operated group home, child-care
facility, foster care home, hobby shop or toy store, institutional
home for the care of children, nursery school or preschool, elementary
school, junior high school, senior high school, park, playground,
gymnasium, recreation center, miniature golf course, place of worship,
religious education facility, residential dwelling, hospital, skating
rink, or zoo.
(8)
The applicant shall either own or have a valid lease
for the licensed premises for the term of the sexually oriented entertainment
business license.
(9)
The applicant has confirmed in writing and under oath as part of the application that the applicant has read this chapter and all provisions of Chapter 300, Zoning, applicable to sexually oriented entertainment business establishments, that the applicant is familiar with their terms and conditions, and that the licensed premises and the proposed sexually oriented entertainment business establishment and its proposed operation are and shall be in compliance therewith.
B.
Denial of license. If the City Council determines that the applicant does not meet any one or more of the conditions set forth in Subsection A of this § 167-15, then the City Council shall direct the City Clerk to deny issuance of the sexually oriented entertainment business license and shall give the applicant written notification and explanation of such denial. The City Clerk's notice of denial shall be delivered in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed to the applicant's address as set forth in the application. The sexually oriented entertainment business license shall be deemed denied on the day that the notice of denial is delivered in person or three days after it is placed in the U.S. mail as provided in this Subsection B.
C.
License deemed to be issued. If the City Clerk does
not issue or deny the sexually oriented entertainment business establishment
or grant a temporary license within 45 days after the properly completed
application is submitted, then the sexually oriented entertainment
business license applied for shall be deemed to have been issued.
A.
Authority. The City Council and other reviewing department
representatives with jurisdiction shall periodically inspect all the
sexually oriented entertainment businesses as shall be necessary to
determine compliance with the provisions of this chapter and all other
applicable laws.
B.
Licensee cooperation. A licensee shall permit representatives
of the City to inspect the licensed premises and the sexually oriented
entertainment business establishment for the purpose of determining
compliance with the provisions of this chapter and all other applicable
laws at any time during which the licensed premises is occupied or
the sexually oriented entertainment business establishment is open
for business.
C.
Interference or refusal illegal. It shall unlawful
for a licensee, and sexually oriented entertainment business establishment
employee or any other person to prohibit, interfere with, or refuse
to allow any lawful inspection conducted by the City pursuant to this
chapter or any other authority.
All sexually oriented entertainment business
establishments shall comply with the provisions of this chapter; all
other applicable City ordinances, resolutions, rules, and regulations;
and all other applicable federal, state, and local laws.
No sexually oriented entertainment business
establishment shall be open for business at any time between the hours
of 12:01 a.m. and 7:00 a.m., prevailing time, whether Central Standard
Time or Central Daylight Savings Time, on any day.
No animals, except only for animals trained
and used to assist a person with a disability, shall be permitted
at any time at or in any sexually oriented entertainment business
establishment.
All rest rooms in sexually oriented entertainment
business establishments shall be equipped with standard toilets, sinks,
and other traditional lavatory facilities. No explicit sexual material
or live performances displaying specified activities shall be provided
or allowed at any time in the rest rooms of sexually oriented entertainment
business establishments. Rest rooms shall not contain television monitors
or other motion picture or video projection, recording or reproduction
equipment.
No sexually oriented entertainment business
establishment patron shall be permitted at any time to enter into
any of the nonpublic portions of any sexually oriented entertainment
business establishment, including specifically, but without limitation,
any storage areas or dressing or other rooms provided for the benefit
of sexually oriented entertainment business establishment employees.
No cameras or other surveillance devices shall be installed or maintained
by the business operator in the dressing room facilities for the purpose
of broadcasting or projecting specified anatomical areas, images,
or specified sexual activities for viewing by the patrons of the establishment
or for broadcasting or projecting images over the Internet. This subsection
shall not apply to persons bringing in goods and materials or food
and beverages, or performing maintenance or repairs to the licensed
premises; provided, however, that any such person shall remain in
such nonpublic areas only for the purposes and to the extent and time
necessary to perform his or her job duties.
A.
No person at any sexually oriented entertainment business
establishment shall appear, be present, or perform while nude. No
sexually oriented entertainment business establishment patron shall
appear, be present, or perform while nude.
B.
No sexually oriented entertainment business establishment
employees or any other person at any sexually oriented entertainment
business establishment shall perform or conduct any specified sexual
activity with or for any sexually oriented entertainment business
establishment patron or any other sexually oriented entertainment
business establishment employee or any other person. No sexually oriented
entertainment business establishment patron or any other person at
any sexually oriented entertainment business establishment shall perform
or conduct any specified sexual activity with or for any employee
or any other sexually oriented entertainment business establishment
patron or any other person. No sexually oriented entertainment business
establishment employees or any other person at any sexually oriented
entertainment business establishment shall perform or conduct any
role-playing interaction with or for any sexually oriented entertainment
business establishment patron or any other sexually oriented entertainment
business establishment employee or any other person.
C.
Straddle dances shall be prohibited at all sexually
oriented entertainment business establishments.
D.
No massage therapy shall be provided at any sexually
oriented entertainment business establishment.
E.
No alcoholic liquor shall be delivered, received,
sold, purchased, provided, or consumed by any person at any sexually
oriented entertainment business establishment.
A.
No sexually
oriented entertainment business establishment shall be maintained
or operated in any manner that causes, creates, or allows public viewing
of any explicit sexual material, or any entertainment depicting, describing,
or relating to specified sexual activities or specified anatomical
areas, from any sidewalk, public or private right-of-way, or any property
other than a lot on which the licensed premises is located.
B.
No portion
of the exterior of the sexually oriented entertainment business establishment
shall utilize or contain any flashing lights, searchlights, or spotlights,
or any other similar lighting systems. All exterior lighting shall
comply with applicable City codes and ordinances and shall provide
at least one footcandle of illumination on the property.
All signs for sexually oriented entertainment
business establishments shall be flat wall signs. The maximum allowable
sign area shall be one square foot of sign area per foot of lot frontage
on a street, but in no event exceeding 32 square feet. The maximum
number of signs shall be one per lot frontage. Temporary signs shall
not be permitted in connection with any sexually oriented entertainment
business establishment.
No loudspeakers or sound equipment audible beyond
the licensed premises shall be used at any time.
No sexually oriented entertainment business
establishment shall contain any video pinball, slot, bagatelle, pigeonhole,
pool, or any other games, machines, or implements.
All areas of the sexually oriented entertainment
business establishment shall be equipped with overhead lighting fixtures
of sufficient intensity to illuminate every place to which patrons
are permitted access at a minimum illumination level of not less than
one footcandle as measured at the floor level. It shall be the duty
of the business operator and the business operator's agents to ensure
that the minimum illumination level required by this section is maintained
at all times during which a patron is present on the premises.
Each sexually oriented entertainment business
establishment shall have one or more manager's stations. The interior
of each sexually oriented entertainment business establishment shall
be configured in such a manner that there is either a direct or substantially
unobstructed view from at least one manager's station to every part
of the entire premises (except rest rooms) of such establishment to
which any sexually oriented entertainment business establishment patron
is permitted access for any purpose. Where the manager's station will
not have a clear view of the entire premises, the use of wide-angle
mirrors or video systems shall be required to provide continuous monitoring
of blind spots or remote parts of the premises (except rest rooms).
No employee of a sexually oriented entertainment
business establishment shall be under the age of 18 years old.
A.
Prohibited except in an adult media store. Adult video
arcades shall be prohibited in all adult sex business establishments
except adult media stores.
B.
Occupancy and prohibited acts. Only one individual
shall occupy a video-viewing booth at any one time. No individual
occupying a video-viewing booth shall engage in any specified sexual
activities or damage or deface any portion of a video viewing booth.
C.
Open booth requirement. In addition to satisfying the manager's station requirements of § 167-28 of this chapter, all adult media stores containing adult video arcades shall be physically arranged in such a manner that the entire interior portion of each video-viewing booth shall be visible from the common continuous main aisle in the adult video arcade. To satisfy this requirement, there shall be a permanently open and unobstructed entranceway for each video-viewing booth and for the entrance away from the area of the adult media store that provides other adult media to the area of the adult media store containing the adult video arcade. Each of these entranceways shall not be capable of being closed or obstructed, entirely or partially, by any door, curtain, partition, drapes, or any other obstruction whatsoever that would be capable of wholly or partially obscuring the area of the adult media store containing video-viewing booths or any person situated in a video-viewing booth. It shall be unlawful to install video-viewing booths within any sexually oriented entertainment business establishment for the purpose of providing secluded viewing of hard-core materials or live performances of specified sexual activities.
D.
Aisle required. There shall be one continuous lighted
main aisle adjacent to the entrance to each video-viewing booth provided
in any adult media store. Each person situated in a video-viewing
booth shall be visible at all times from said aisle.
E.
Apertures prohibited. Except for the open entranceway
to a video-viewing booth, the walls and partitions of each video-viewing
booth shall be constructed and maintained as solid opaque walls or
partitions without any apertures, holes, or openings that would facilitate
specified sexual activity between persons on either side of such walls
or partitions.
F.
Sanitation required. The floors, seats, walls, and
other interior portions of all video-viewing booths shall be maintained
clean and free from waste and bodily secretions. The presence of human
excrement, urine, semen, or saliva in any such booth shall be evidence
of improper maintenance and inadequate sanitary controls; repeated
instances of such conditions may justify suspension or revocation
of the owner's and operator's license to conduct the sexually oriented
entertainment business.
G.
Sign required. A sign shall be posted in a conspicuous
place at or near the entranceway to each video-viewing booth that
states that:
A.
Performance area. The performance area of an adult
cabaret shall be limited to one or more stages or platforms (cabaret
stages) permanently anchored to the floor. Each cabaret stage shall
be elevated above the level of and separate from the adult cabaret
patron seating area by a minimum distance of 24 inches. Each cabaret
stage shall be separated by the minimum distance of 36 inches from
all areas of the premises to which the adult cabaret patrons have
access. A contiguous barrier at least 36 inches in height and located
at least 36 inches from all points of each cabaret stage shall separate
each stage from all patron seating areas. No adult cabaret patron
shall be allowed at any time on any cabaret stage. Each cabaret stage
shall have a minimum area of 600 square feet, with minimum dimensions
of 20 feet by 30 feet. The business operator shall provide access
for entertainers between the stage and the dressing rooms which is
completely separated from the patrons. If such a separate access is
not physically feasible, the business operator shall provide a minimum
three-foot-wide walk aisle for entertainers between the dressing room
area and the stage, with the railing, fence or other barrier separating
the patrons and the entertainers capable of (and which actually results
in) preventing any physical contact between patrons and entertainers
of an adult cabaret. No entertainers, before, during, or after performances,
shall have physical contact with a patron on the premises, and no
patron shall have physical contact on the premises with any entertainer
before, during, or after performances by such entertainer.
B.
Lighting. Sufficient lighting shall be provided and
equally distributed throughout the public areas of the adult cabaret
so that all objects are plainly visible at all times. A minimal lighting
of not less than one footcandle measured at 30 inches above the floor
and on ten-foot centers shall be maintained at all times for all areas
of the adult cabaret where adult cabaret patrons are admitted.
C.
Tipping. No adult cabaret patron shall offer, and
no adult and cabaret employee having performed on any cabaret stage
shall accept, in any form, any tip or gratuity offered directly or
personally to the employee by the adult cabaret patron. Rather, all
tips and gratuities to adult cabaret employees performing on any cabaret
stage shall be placed into a receptacle provided for receipt of such
tips and gratuities by the adult cabaret establishment or shall be
placed by the adult cabaret patron on the cabaret stage on which the
adult cabaret employee is performing.
D.
Notice of sign rules required. A sign not to exceed
two square feet in area with letters at least one inch high shall
be conspicuously displayed on or adjacent to every adult in every
stage stating the following:
|
THIS ADULT CABARET IS REGULATED BY THE CITY
OF LEXINGTON, ILLINOIS.
| |||
|
NO ALCOHOLIC LIQUOR SHALL BE PERMITTED AT ANY
TIME.
| |||
|
ENTERTAINERS ARE:
| |||
|
A.
|
NOT PERMITTED TO ENGAGE IN ANY PHYSICAL CONTACT
WITH THE PATRONS ON THE PREMISES.
| ||
|
B.
|
NOT PERMITTED TO ACCEPT ANY TIPS DIRECTLY OR
PERSONALLY FROM PATRONS. ANY TIPS MUST BE PLACED INTO THE RECEPTACLE
PROVIDED BY MANAGEMENT OR MUST BE PLACED DIRECTLY ON THE CABARET STAGE.
| ||
F.
Security guards required. Adult cabarets shall employ
security guards in order to maintain public peace and safety, based
on the following standards:
(1)
At least one security guard at all times while the
business is open. If the occupancy limit of the premises is greater
than 35 persons, one additional security guard shall be on duty for
each additional 35 patrons.
(2)
Security guards shall be charged with preventing violations
of law and enforcing compliance by patrons of the requirements of
this chapter. Security guards shall be uniformed in such a manner
as to be readily identifiable as a security guard by the public and
be duly licensed as a security guard as required by applicable provisions
of state law. No security guard required pursuant to this section
shall act as a door person, ticket seller, ticket taker, admitting
person, or employee occupant of the manager's station, while acting
as a security guard.
A.
Seating. Each adult motion-picture theater shall provide
seating in individual chairs with arms or in seats separated from
each other by immovable arms and not on couches, benches, or other
multiple-person seating structures. The number of seats shall equal
the maximum number of persons who may occupy the adult theater.
B.
Aisle required. Each adult motion-picture theater
shall have a continuous main aisle alongside the seating area in order
that each person seated in the adult theater shall be visible at all
times.
C.
Sign required. Each adult motion-picture theater shall
have a sign posted in a conspicuous place at or near each entranceway
to the auditorium or similar area that lists the maximum number of
persons that may occupy the auditorium area, which number shall not
exceed the number of seats in the auditorium area.
A.
Grounds. Pursuant to the procedures set forth in § 167-35 of this chapter, the City Council may direct the City Clerk to suspend for not more than 30 days, or revoke, any sexually oriented entertainment business license if the City Council, based upon credible and reasonably reliable information and evidence, determines that any one or more of the following has occurred:
(1)
The licensee has violated any of the provisions or requirements of this chapter or the sexually oriented entertainment business license issued pursuant hereto, or the provisions of Chapter 300, Zoning, applicable to the licensed premises or to the sexually oriented entertainment business establishment.
(2)
The licensee knowingly or negligently:
(a)
Furnished false or misleading information or
withheld information on any application or other document submitted
to the City for issuance or renewal of any sexually oriented entertainment
business license; or
(b)
Caused or suffered any other person to furnish
or withhold any such information on the licensee's behalf.
(3)
The licensee has committed a felony or other criminal
act on the licensed premises.
(4)
The licensee authorizes, approves, or, as a result
of the licensee's negligent failure to supervise the licensed premises
of the sexually oriented entertainment business establishment, allows
a sexually oriented entertainment business employee, sexually oriented
entertainment business patron, or any other person to:
(5)
The licensee, or any other person identified pursuant to § 167-13C(1), C(2), and C(8) of this chapter, becomes disqualified for the issuance of a sexually oriented entertainment business license at any time during the term of the license at issue.
Every act or omission of whatever nature at
the licensed premises constituting a violation of any of the provisions
of this chapter by any officer, director, manager, agent, or employee
of any sexually oriented entertainment business shall be deemed and
held to be an act of such licensee, and said licensee shall be punishable
in the same manner as if said act or omission had been done or omitted
by the licensee personally. Accordingly, any act or omission of any
such persons constituting a violation of the provisions of this chapter
shall be deemed, for purposes of determining whether the licensee's
sexually oriented entertainment business license shall be issued,
revoked, suspended, or renewed, to be an act or omission of the licensee.
A sexually oriented entertainment business establishment
license may be suspended for not more than 30 days or revoked, pursuant
to the terms and conditions set forth herein.
A.
Notice. Upon determining that one or more of the grounds for suspension or revocation under § 167-33 of this chapter may exist, the City Clerk shall serve a written notice on the licensee in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed to the licensee's address as set forth in the licensee's application. A written notice shall, at minimum:
(1)
State that the City Council has determined that the sexually oriented entertainment business license may be subject to suspension or revocation pursuant to § 167-33 of this chapter;
(2)
Identify the specific grounds for the City Council's
determination; and
(3)
Set a date for a hearing regarding the City Council's
determination as to the possibility of suspension or revocation of
the sexually oriented entertainment business license. The date of
the hearing shall be no less than five days after service of the City
Council's notice, unless an earlier or later date is agreed to by
the licensee and the City Council.
B.
Suspension of sexually oriented entertainment business
license due to unsanitary conditions. The City Council may order the
immediate suspension of a sexually oriented entertainment business
license if the City Council finds, based upon specific and credible
evidence, that a threat to public health exists by reason of unsanitary
conditions which could lead to a spread of communicable disease. The
City Council shall give the licensee a written notice setting forth
the reasons for the suspension. The suspension shall continue so long
as the threat to public health continues unabated by the licensee.
The licensee may request judicial review of the action of the City
Council.
C.
Hearing. The hearing shall be conducted by the City Council. At the hearing, the licensee may present and submit evidence and witnesses to refute the grounds cited by the City Council for suspending or revoking the license, and the City and any other persons may submit evidence to sustain such grounds. The administrative record compiled on the sexually oriented entertainment business establishment pursuant to § 167-36 of this chapter shall be made a part of the hearing record. The City Council may designate a hearing officer to schedule, convene, and conduct the public hearing. In such case, the hearing officer shall have the same powers as the City Council to conduct the hearing. Where such designation has been made, a hearing officer shall submit proposed findings and recommendations to the City Council within seven days of the close of the hearing. Within 14 days after the close of the hearing, the City Council shall, having considered the record made at the hearing, render a decision in writing, setting forth the reasons for the decision. The action taken by the City Council shall be final and shall be subject to judicial review.
D.
Notice and effective date of suspension or revocation.
The City Council's written decision shall be posted at the office
of the City Clerk and shall be served by the City Clerk on the licensee
in person or by certified U.S. mail, postage prepaid, return receipt
requested, addressed to the licensee's address as set forth in the
licensee's application. To permit the licensee the opportunity to
obtain a judicial review, any suspension or revocation, as the case
may be, shall take effect on the 10th day following the date that
the City Council's written decision is delivered as provided in this
subsection.
E.
Surrender of license and security. Upon the suspension
or revocation of a sexually oriented entertainment business license
pursuant to this chapter, the City Clerk shall take custody of the
suspended or revoked license.
A.
Administrative record. The City Clerk shall cause
to be kept in the City Clerk's office an accurate record of every
sexually oriented entertainment business license application received
and acted on, together with all relevant information and material
pertaining to such application and any sexually oriented entertainment
business license issued pursuant thereto.
B.
Recordkeeping by licensee.
(1)
The licensee of every sexually oriented entertainment
business establishment shall maintain a register of all of its employees.
For each such employee, the register shall include the following information:
(2)
The register shall be maintained for all current employees
and all employees employed at any time during the preceding 36 months.
The licensee shall make the register of its sexually oriented entertainment
business establishment employees available for inspection by the City
immediately upon demand at all reasonable times.
Any person who violates, neglects, refuses to comply with, or
assists or participates in any way in the violation of any of the
provisions or requirements of this chapter or of any of the provisions
or requirements of any sexually oriented entertainment business license,
upon conviction thereof, shall be fined not less than $250 nor more
than $750 for each offense. Each violation of this chapter may be
grounds for revocation of any sexually oriented entertainment business
license issued to any such establishment by the City.
Any sexually oriented entertainment business establishment established,
operated, or maintained in violation of any of the provisions or requirements
of this chapter or of any sexually oriented entertainment business
license shall be and the same is declared to be unlawful and a public
nuisance. The City may, in addition to or in lieu of any other remedies
set forth in this chapter, commence an action to enjoin, remove, or
abate such nuisance in the manner provided by law and shall take such
other steps and apply to such court or courts as may have jurisdiction
to grant such relief as will abate or remove such public nuisance,
and restrain and enjoin any person from establishing, operating, or
maintaining a sexually oriented entertainment business establishment
contrary to the provisions of this chapter.
Unless otherwise specifically set forth in this chapter, the
time within which any act required by this chapter is to be done shall
be computed by excluding the first day and including the last day,
unless the last date is Saturday, Sunday, or a federal or state holiday,
in which case it shall also be excluded. If the day immediately following
such a Saturday, Sunday, or holiday is also a Saturday, Sunday, or
holiday, such succeeding day shall also be excluded.
