[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:
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.
A public or private establishment which:
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;
Not infrequently features entertainers who display specified
anatomical areas; or
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.
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.
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.
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.[1]
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.
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.
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]
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.
Any of the following offenses:
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;
For which:
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;
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
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
The fact that a conviction is being appealed shall have no effect
on the disqualification of the applicant.
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:
A.
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.
B.
No permitted adult use shall be located:
(1)
Within 500 feet of another existing adult use; or
(2)
Within 500 feet of a preexisting school, place of worship, day-care
center, publicly owned facility or personal residence;
(3)
Within 500 feet of a zoning district which is zoned for single-family
or multiple-family residential use; or
(4)
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]
C.
A license issued pursuant to this chapter for a particular location
shall not entitle the licensee to operate at any other location.
D.
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.
E.
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]
F.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
Whenever an application is denied or held for further investigation,
the President shall advise the applicant in writing of the reasons
for this action.
F.
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.
G.
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:
A.
The exact nature of the adult use to be conducted and the proposed
place of business and facilities thereto.
B.
A statement by each applicant that he is familiar with the provisions
of this chapter and is in compliance with them.
C.
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.
D.
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.
E.
The completed application for an adult use business license shall
contain the following information:
(1)
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;
(2)
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;
(3)
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
(4)
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.
G.
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.
H.
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.
I.
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.
J.
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.
A.
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:
(1)
The applicant is under the age of 21 years or under any legal disability;
(2)
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;
(3)
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;
(4)
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;
(5)
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;
(6)
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;
(7)
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;
(8)
The applicant has been convicted of a specified criminal activity
as defined in this chapter;
(9)
The application or the license fees required by this chapter have
not been paid; or
(10)
The applicant of the proposed adult use is in violation or not
in compliance with all of the provisions of this chapter.
B.
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:
A.
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;
B.
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;
C.
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;
D.
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;
E.
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
F.
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]
A.
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.
B.
No sign advertising an adult use business shall be erected upon any
premises not licensed as an adult use.
A.
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:
(1)
The licensee or an employee, agent or independent contractor of the
licensee violated any provision of this chapter regulating adult uses;
(2)
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
(3)
The licensee or an employee, agent or independent contractor of the
licensee knowingly permitted gambling by any person on the adult use
business premises.
B.
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.
C.
The President may revoke a license if he determines, after a hearing,
by a preponderance of the evidence, one or more of the following:
(1)
A licensee gave false or misleading information in the material submitted
during the application process;
(2)
A licensee or management personnel has knowingly allowed possession,
use or sale of alcohol or controlled substances on the premises;
(3)
A licensee or management personnel has knowingly allowed prostitution
on the premises;
(4)
A licensee or management personnel knowingly operated the adult use
business during a period of time when the licensee's license was suspended;
(5)
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;
(6)
A licensee is delinquent in payment to the Village, county or state
for any taxes or fees past due;
(7)
A licensee or management personnel has knowingly facilitated another's
commission of the offense of public indecency; or
(8)
The adult use is a public nuisance as defined by statute, ordinance
or case law.
D.
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.
E.
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.
F.
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.
G.
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.
A.
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.
B.
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.
A.
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.
B.
Any person who violates this chapter shall be liable for all costs,
expenses and attorneys fees incurred by the Village in enforcing this
chapter.
C.
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]
