[HISTORY: Adopted by the Board of Trustees of the Village of Oakwood 11-8-2004 by Ord. No. 04-11-08-1. Amendments noted where applicable.]
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
- ADULT BOOKSTORE
- An establishment having as a substantial or significant portion of its sales or stock-in-trade books, magazines, films for sale or for viewing on premises by use of motion-picture devices or by coin-operated means, and periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such materials, or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of video-preview or coin-operated booths, exclusion of minors from the establishment's premises or any other factors showing that the establishment's primary purpose is to purvey such material.
- ADULT ENTERTAINMENT CABARET
- A public or private establishment which:
- A. Features topless dancers, strippers, nude or partially nude dancers or entertainers, "go-go" dancers, male or female impersonators, lingerie or bathing suit fashion shows, or similar entertainers;
- B. Not infrequently features entertainers who display specified anatomical areas; or
- C. Features entertainers who by reason of their appearance or conduct perform in a manner which is designed primarily to appeal to the prurient interest of the patron or features entertainers who engage in or are engaged in explicit simulation of specified sexual activities.
- ADULT MINI-MOTION-PICTURE THEATER
- An enclosed building with a capacity for fewer than 50 persons used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
- ADULT MOTION-PICTURE THEATER
- An enclosed building with a capacity of 50 or more persons used for presenting motion pictures distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
- ADULT NOVELTY STORE
- An establishment having a substantial or significant portion of its sales or stock-in-trade consisting of toys, devices, clothing, "novelties," lotions and other items distinguished or characterized by their emphasis on or use for specified sexual activities or specified anatomical areas or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, exclusion of minors from the establishment's premises or any other factors showing that the establishment's primary purpose is to purvey such material.
- BODY SHOP or MODEL STUDIO
- Any public or private establishment which describes itself as a "body shop" or "model studio;" or where, for any form of consideration or gratuity, figure models displaying specified anatomical areas may be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons providing consideration or a gratuity; or where, for any form of consideration or gratuity, nude and seminude dancing, readings, counseling sessions, body-painting, and other activities are provided that present materials distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas; except a modeling class operated by 1) a proprietary school licensed by the state or a college, junior college, or university supported entirely or partly by taxation; or 2) a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation or an accredited private college.
- BOTTLE CLUBS
- Include any business or club which permits others to bring alcoholic beverages purchased elsewhere for consumption onto or into its premises.
- Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external soft parts of the body with the hands or other parts of the human body or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice.
- MASSAGE PARLOR
- Any establishment having a fixed place of business where any person, firm, association, or corporation engages in, or carries on, or permits to be engaged in or carried on any of the activities mentioned in the definition of "massage"; except where such establishment is owned, operated by or employs a licensed psychologist, licensed physical therapist, licensed athletic trainer, licensed cosmetologist, licensed barber, licensed physician, licensed chiropractor, or licensed massage therapist.
- Any structure and all parts, portions, units and materials
composing the same, together with the frame, background, structure,
supports or anchorage therefor, which is used for advertising purposes;
or any statuary, sculpture, molding or casting used for advertising
purposes; and includes wall signs which are attached to and wholly
supported by the wall of a building, with the exposed face of the
sign in a plane parallel to the wall of the building.[Added 6-22-2006 by Ord. No. 06-06-22-1]
- SPECIFIED ANATOMICAL AREAS
- Less than completely and opaquely covered human genitals, pubic region, pubic hair, buttocks, vulva, anus, anal cleft, female breast below a point immediately above the top of the areola; male genitals, including those completely opaquely covered if in a discernibly turgid state.
- SPECIFIED CRIMINAL ACTIVITIES
- Any of the following offenses:
- A. Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a minor; possession or distribution of child pornography; public lewdness; public indecency; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries;
- B. For which:
- (1) Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
- (2) Less than five years have elapsed since the date of conviction or the date of release from confinement for conviction, whichever is the later date, if the conviction is a felony offense; or
- (3) Less than five years have elapsed since the date of the last conviction or the date of release from confinement from the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses which occurred within any twenty-four-month period; and
- C. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
- SPECIFIED SEXUAL ACTIVITIES
- Human genitals in a state of sexual stimulation or arousal; acts or representations of acts of human masturbation, sexual intercourse, or sodomy, bestiality, oral copulation, or flagellation; fondling or erotic touching of human genitals, pubic region, buttocks, or female breast; excretory functions as part of or in connection with any activities set forth in this definition.
[Amended 6-22-2006 by Ord. No. 06-06-22-1]
Adult uses include but are not limited to adult bookstores, adult video and adult merchandise retail stores, adult motion-picture theaters, adult mini-motion-picture theaters, adult entertainment cabarets, including but not limited to gentlemen's clubs, strip clubs, and adult clubs allowing nudity at regular or frequent times, adult novelty stores, massage parlors, body shops, model studios, or signs advertising any of the aforesaid uses.
Adult uses shall be permitted subject to the following restrictions:
No massage parlor, nude body shop or model studio shall be permitted within the boundaries of the Village. All other "adult uses" shall be considered "permitted adult uses" for purposes of this chapter.
No permitted adult use shall be located:
Within 500 feet of another existing adult use; or
Within 500 feet of a preexisting school, place of worship, day-care center, publicly owned facility or personal residence;
Within 500 feet of a zoning district which is zoned for single-family or multiple-family residential use; or
In violation of any statute, ordinance or regulation of the State of Illinois or of any other unit of government;
[Added 6-22-2006 by Ord. No. 06-06-22-1]
A license issued pursuant to this chapter for a particular location shall not entitle the licensee to operate at any other location.
A license issued pursuant to this chapter shall not descend by the laws of testate or intestate succession and may not be voluntarily or involuntarily alienated, conveyed or assigned to any other person or entity.
An adult use shall not be located upon any premises which contain a business that sells or dispenses in any manner alcoholic beverages or permits the consumption of alcoholic beverages therein. No liquor license shall be issued to a licensee or to premises where an adult use is conducted, nor shall liquor be sold, given away or allowed to be consumed on the premises where any adult use is conducted.
[Amended 6-22-2006 by Ord. No. 06-06-22-1]
An adult use shall not be operated by or in conjunction with a business which is defined as a "bottle club" under this or any other ordinance of the Village.
It shall be unlawful for any person or entity to engage in, conduct, or carry on, or to permit to be engaged in, conducted, or carried on, in, or upon any premises in the Village, the operation of a permitted adult use, without first having obtained a license for the adult use pursuant to the terms of this chapter.
Every applicant for a license to maintain, operate, or conduct a permitted adult use shall file an application in duplicate under oath with the Village President upon a form provided by the Village and pay a nonrefundable application fee of $500 to the Village Clerk, who shall issue a receipt which shall be attached to the application. In addition, the applicant shall remit, at the time the application is filed, to the Village Clerk the sum of $2,500 as the annual license fee, which shall be refunded to the applicant if the application is denied.
The President shall, within five days, refer the copies of the application to the Police Department. The Police Department shall, within 30 days thereafter, inspect the premises proposed to be operated as an adult use business and conduct a background investigation of each applicant within this same 30 days. The Police Department shall make written recommendations to the President concerning the premises and the applicants' qualifications.
Within 10 days of receiving the aforesaid recommendation of the Police Department, the President shall notify the applicant that his application is granted, denied, or held for further investigation. Additional investigation shall not exceed an additional 30 days unless otherwise agreed to by the applicant within the same 30 days. Upon the conclusion of additional investigation, the President shall advise the applicant in writing whether the application is granted or denied.
Whenever an application is denied or held for further investigation, the President shall advise the applicant in writing of the reasons for this action.
Failure or refusal of any applicant to give any information relevant to the investigation of the application, or his refusal or failure to appear at any reasonable time and place for examination under oath regarding the application, or his refusal to submit to or cooperate with any inspection or investigation required by this chapter shall constitute an admission by the applicant that he is ineligible for the license and shall be grounds for denial thereof by the President.
Review of the President's denial of an application for license may be had by filing a complaint with the Circuit Court for the Fifth Judicial Circuit, Vermilion County, Illinois, in accordance with Article III of the Illinois Code of Civil Procedure, 735 ILCS 5/3-101 et seq. Per § 103-16 of this chapter, the status quo ante shall be maintained during the pendency of any such action for administrative review.
An applicant for an adult use license shall furnish the following information under oath:
The exact nature of the adult use to be conducted and the proposed place of business and facilities thereto.
A statement by each applicant that he is familiar with the provisions of this chapter and is in compliance with them.
All applicants must be qualified according to the provisions of this chapter. The application may request and the applicant shall provide such information (including fingerprints) as is needed to enable the Village to determine whether the applicant meets the qualifications established in this chapter.
If a person who wishes to operate an adult use is an individual, the person must sign the application for a license as applicant. If the applicant is a club, consisting of private or public membership, then such entity shall also be licensed under this chapter. If a person who wishes to operate an adult use is other than an individual or club, each individual who has a ten-percent or greater interest in the business, including corporations, must sign the application for a license as an applicant. Each applicant must be qualified under the following section and each applicant shall be considered a licensee if the license is granted.
The completed application for an adult use business license shall contain the following information:
If the applicant is an individual, the individual shall state his/her legal name and any aliases used during the past seven years and submit proof that he/she is 21 years of age;
If the applicant is a club, consisting of private or public membership, a copy of the bylaws of the club must be submitted with the application. In addition, a sworn statement as to the purposes, general activities and requirements for club membership must be submitted;
If the applicant is a partnership, the partnership shall state its complete name and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any; and
If the applicant is a corporation, the corporation shall state its complete name, the date of incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation, the names and capacity of all officers, directors and principal shareholders (those with a ten-percent or greater stake), and the name and address of the registered corporate agent.
Whether the applicant has been convicted of any specified criminal activity as defined in this chapter and, if so, the specified criminal activity involved, the date, place and jurisdiction of each.
Whether the applicant has had a previous license under this chapter or similar ordinances from another jurisdiction denied, suspended or revoked, including the name and location of the business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation. If the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is or was licensed under this chapter or similar ordinance in another jurisdiction and a license has previously been denied, suspended or revoked, include the name and location of the business for which the permit was denied, suspended or revoked, as well as the date of denial, suspension or revocation.
Whether the applicant holds any other licenses under this chapter or other similar ordinance from another jurisdiction and, if so, the names and locations of such other licensed businesses.
A sketch or diagram showing the configuration of the premises, including a statement of total floor area occupied by the business. This sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises.
Upon receipt of the recommendations of the Police Departments referred to above, the President shall issue a license to maintain, operate, or conduct a permitted adult use unless he finds, by a preponderance of the evidence, any one or more of the following:
The applicant is under the age of 21 years or under any legal disability;
The applicant has held an interest in a license either under this chapter or any ordinance of the Village which regulates alcoholic liquor and which license has been revoked for cause;
The applicant, at the time of application for renewal of any license issued under this chapter, would not be eligible for the license upon a first application;
The operation as proposed by the applicant, if permitted, would not have complied with all applicable laws, including, but not limited to, those of the Village of Oakwood, State of Illinois, or United States of America;
The applicant is overdue in payment to the Village of taxes, fees, fines or penalties assessed against or imposed upon him/her in relation to any business;
The applicant has failed to provide information reasonably necessary for the issuance of the license or has falsely answered a question or request for information on the application form;
The applicant has been denied a license by the Village to operate an adult use business within the preceding 12 months or the applicant's license to operate an adult use business has been revoked within the preceding 12 months;
The applicant has been convicted of a specified criminal activity as defined in this chapter;
The application or the license fees required by this chapter have not been paid; or
The applicant of the proposed adult use is in violation or not in compliance with all of the provisions of this chapter.
Every adult use license issued pursuant to this chapter will expire on January 1 of the year following its issuance. A license may be automatically renewed by payment of the annual fee of $2,500 to the Village Clerk prior to January 1 of each year, unless any of the terms of the original application have changed, in which event a renewal application must be submitted, all in conformity with the requirements of an original application. License fees will not be prorated. Failure to pay the annual fee by January 1 of each year will result in automatic suspension of the holder's adult use license, and will require the submission of a new application.
It is unlawful for any person to perform or engage in, or for any licensee or manager or agent of the licensee to permit any person, employee, entertainer or patron to perform or engage in any live act, demonstration, dance or exhibition on the premises of a licensed adult use establishment which reveals specified anatomical areas or specified sexual activities.
Any adult use establishment that features, in whole or in part, adult live acts, demonstrations, dancing or exhibitions shall comply with the following requirements:
No person, employee, agent, servant or independent contractor in any adult use establishment may perform or engage in any live act, demonstration, dance or exhibition except on a platform or other similar structure raised not less than two feet above the immediately surrounding main floor area, and positioned not less than 10 feet from any patron or spectator;
No person maintaining, managing, owning or operating an adult use establishment shall suffer, allow, or permit the construction, maintenance, or use of areas partitioned or screened from public view that are to be occupied, alone or together, by any person or persons on the premises of such establishments for performances, private or otherwise, involving the display of or exhibition of, whether live or recorded, specified anatomical areas or specified sexual activities or permit any employee, agent, servant or independent contractor to violate any provision of this chapter;
No person on the premises of an adult use establishment shall be permitted to use or be present in areas partitioned or screened from public view that are designed to be occupied, together or alone, for purposes of displaying, whether live or recorded, specified anatomical areas or engaging in specified sexual activities;
No spectator or patron shall directly or indirectly pay, tip or give any gratuity to any dancer or other performer at a licensed adult use business and no dancer or other performer at a licensed adult use business shall solicit or accept any pay or gratuity from any spectator or patron;
Prohibition of physical contact. While on the premises of an adult use establishment, no employee, agent, servant or independent contractor shall be permitted to have any physical contact with any other adult entertainment employee, other employee, patron or spectator while the employee, agent, servant or independent contractor is entertaining, dancing or otherwise involved in the display of or exhibition of specified anatomical areas; and
No act is authorized if not otherwise permitted by law. Nothing in this chapter pertaining to adult use establishments shall be construed to permit or authorize any act or activities that are prohibited by state law. These sections are meant to be in addition to any acts or activities that are so prohibited.
The several sections of this chapter are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific portion thereof directly specified in the decision, and shall not affect the validity of all other provisions, sections, or portions of the chapter which shall remain in full force and effect. Those portions of any other Village ordinance the terms of which are in conflict with provisions of this chapter are hereby repealed.
Except as otherwise provided in § 103-12 below, this chapter shall become effective 10 days after publication in pamphlet form.
It shall be unlawful for any licensee of an adult use business to operate later than 12:00 midnight on Mondays, Tuesdays, Wednesdays, and Thursdays, and 1:00 a.m. on Fridays and Saturdays. It shall be unlawful for any adult use business to open earlier than 10:00 a.m. on any day of the week. No licensee shall operate at any time on a Sunday.
Except as otherwise provided in § 103-16 below, this chapter shall not be enforced against existing adult use businesses for a period of six months from the date of passage and publication.
For the purposes of this chapter, measurements shall be made in a straight line, without regard to intervening structures or objects, from the property line of the exterior line of the premises of a business operating an adult use to the nearest property line of a business operating an adult use, or a school, place of worship, day-care center, publicly owned facility, personal residence, or district zoned for single-family or multifamily residential use.
[Amended 6-22-2006 by Ord. No. 06-06-22-1]
No adult use business shall be conducted in any manner that permits the observation of any material depicting, describing, or relating to specified sexual activities or specified anatomical areas by display, decoration, sign, show window, or other opening from any public way or from any property not licensed as an adult use.
No sign advertising an adult use business shall be erected upon any premises not licensed as an adult use.
Any license issued for an adult use business may be suspended by the President if he finds, by a preponderance of the evidence, any one or more of the following:
The licensee or an employee, agent or independent contractor of the licensee violated any provision of this chapter regulating adult uses;
The licensee or an employee, agent or independent contractor of the licensee refused to allow an inspection of the adult use business premises as authorized by this chapter; or
The licensee or an employee, agent or independent contractor of the licensee knowingly permitted gambling by any person on the adult use business premises.
The President shall revoke a license if a cause of suspension in Subsection A above occurs and the adult use license has been suspended within the preceding 12 months or if the licensee is convicted of any specified criminal activity.
The President may revoke a license if he determines, after a hearing, by a preponderance of the evidence, one or more of the following:
A licensee gave false or misleading information in the material submitted during the application process;
A licensee or management personnel has knowingly allowed possession, use or sale of alcohol or controlled substances on the premises;
A licensee or management personnel has knowingly allowed prostitution on the premises;
A licensee or management personnel knowingly operated the adult use business during a period of time when the licensee's license was suspended;
A licensee or management personnel has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other specified sexual activity to occur in or on the licensed premises;
A licensee is delinquent in payment to the Village, county or state for any taxes or fees past due;
A licensee or management personnel has knowingly facilitated another's commission of the offense of public indecency; or
The adult use is a public nuisance as defined by statute, ordinance or case law.
If the President revokes a license, the revocation shall continue for one year and the licensee shall not be issued an adult use business license for one year from the date the revocation became effective. If, subsequent to revocation, the President finds that the factual basis for the revocation did not occur, the applicant may be granted a license.
The licensee shall be responsible for the acts of his agents, servants, employees, independent contractors, and patrons. In the case of a first offense by a licensee where the conduct was solely that of an agent, servant, employee, independent contractor, or patron, the penalty shall not exceed a suspension of 30 days if the President finds that the licensee had no actual or constructive knowledge of the violation.
The President, before revoking or suspending any license, shall give the licensee at least 10 days' written notice of the charges against him, including a written description of those charges, and the opportunity for a public hearing before the President, at which time the licensee may present evidence bearing upon the question. Notice of the hearing and the written description of the charges shall be served upon the licensee in person or via certified United States mail. Failure of the licensee to sign for or accept delivery of any certified mailing shall constitute service of the notice.
Judicial review of the President's suspension or revocation of a license may be had by filing a complaint with the Circuit Court for the Fifth Judicial Circuit, Vermilion County, Illinois, in accordance with Article III of the Illinois Code of Civil Procedure, 735 ILCS 5/3-101 et seq. Per § 103-16 below, the status quo ante shall be maintained during the pendency of any such action for administrative review.
All adult uses existing at the time of the passage of this chapter must submit an application for an adult use license, as provided in §§ 103-4, 103-5 and 103-6 above, within 30 days of the passage and approval of this chapter. Pending the timely filing of an application for a license and a decision thereon, any existing adult use establishment may continue operation and maintain the status quo ante only. In the event the application of an existing adult use is denied by the President, the unsuccessful applicant may continue operations until the later of the following: 1) the 30th day subsequent to the President's denial of the application; or 2) the 30th day subsequent to the exhaustion of any remedies available to the applicant under Article III of the Illinois Code of Civil Procedure, 735 ILCS 5/3-101 et seq.
Every licensee shall display a valid license in a conspicuous place within the adult use business so that the same may be readily seen by persons entering the premises.
It shall be unlawful for any adult use licensee or his manager or employees to employ in any capacity within the adult use business any person who is not at least 21 years of age.
No licensee or any officer, associate, member, representative, agent, or employee of the licensee shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the licensed premises which is prohibited by any ordinance of the Village of Oakwood, or law of the State of Illinois or the law of the United States of America.
The Village Police Department shall from time to time, and at least twice a year, make an inspection of each adult use establishment granted a license under the provisions of this chapter for the purpose of determining compliance with the provisions of this chapter. These inspections shall be made at reasonable times and in a reasonable manner.
It shall be a violation of this chapter for a licensee to fail to allow the inspection officer access to the premises or to hinder the officer in any manner.
Any person who shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine of not less than $100 or more than $1,000 for each violation.
Any person who violates this chapter shall be liable for all costs, expenses and attorneys fees incurred by the Village in enforcing this chapter.
The Village President may initiate, in the name of the Village, any proper action or proceeding in any court of competent jurisdiction to prevent, restrain, enjoin or abate any act done or being done in violation of the provisions of this chapter.
[Added 6-22-2006 by Ord. No. 06-06-22-1]