City of Columbia, IL
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Columbia 1999 by Ord. No. 1718 (Ch. 5.26 of the 1997 Code). Amendments noted where applicable.]
The purpose of this chapter is to regulate adult uses to protect the community from the many types of criminal activity frequently associated with such uses. The City recognizes that such regulation cannot in effect prohibit such uses. This chapter has balanced the competing interest of the community in reducing criminal activity and protecting property values versus the protected rights of the owners, operators, employees and patrons of adult uses.
As used in this chapter, the following terms shall have the meanings indicated:
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 the establishment's primary purpose is to purvey such material.
ADULT ENTERTAINMENT CABARET
A public or private establishment which:
A. 
Features topless dancers, strippers, go-go dancers, male or female impersonators, lingerie or bathing suit fashion shows;
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 patrons or features entertainers who engage in, or are engaged in explicit simulation of, specified sexual activities.
ADULT MOTION-PICTURE THEATER
A building or area 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 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 specialized 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 the establishment's primary purpose is to purvey such material.
ADULT USE
Adult bookstores, adult motion-picture theaters, adult entertainment cabarets, and other similar uses.
EMPLOYEE
Employees, independent contractors or any other person who is retained by the licensee or subject to dismissal from working at the licensed premises.
A. 
Less than completely and opaquely covered:
(1) 
Human genitals;
(2) 
Pubic region;
(3) 
Buttocks;
(4) 
Female breasts below a point immediately above the top of the areola; and
B. 
Human male genitals in a discernible turgid state even if completely and opaquely covered.
SPECIFIED CRIMINAL ACTIVITY
The offenses specified as follows:
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; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; or distribution of a controlled substance; all as defined in the Illinois Criminal Code 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 that occurred within any twenty-four-month period;
C. 
The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
A. 
Human genitals in the state of sexual stimulation or arousal;
B. 
Acts of human masturbation, sexual intercourse or sodomy; and
C. 
Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
A. 
It is unlawful for any person to operate an adult use without a valid adult use business license issued by the City pursuant to this chapter.
B. 
An application for a license shall be made on a form provided by the City.
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 City 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 a person who wishes to operate an adult use is other than the individual, each individual who has a 20% or greater interest in the business must sign the application for a license as 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 and submit proof that he/she is 18 years of age;
(2) 
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, shall be submitted with the application;
(3) 
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, and the name and address of the registered corporate agent.
F. 
If the applicant intends to operate the adult use business under a name other than that of the applicant; he/she must:
(1) 
State the business' fictitious name; and
(2) 
Submit any required registration documents.
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 city or county 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 similar organization in another jurisdiction or an officer, director or principal stockholder of a corporation that is or was licensed under this chapter 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
I. 
Whether the applicant holds any other licenses under this chapter or other similar ordinance from another City or county 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. 
Within 30 days after receipt of a completed adult use business license application, the City shall approve or deny the issuance of a license to an applicant. The City shall approve the issuance of a license unless it determines by a preponderance of the evidence any one or more of the following exist:
(1) 
The applicant is under 18 years of age;
(2) 
The applicant is overdue in payment to the City of fees, fines or penalties assessed against or imposed upon him/her in relation to any business;
(3) 
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;
(4) 
The applicant has been denied a license by the City to operate an adult use business within the preceding 12 months or whose license to operate an adult use business has been revoked within the preceding 12 months;
(5) 
The applicant has been convicted of a specified criminal activity defined in this chapter;
(6) 
The premises to be used for the adult use business have not been approved by the fire protection district and/or the Building Official or Fire Marshal as being in compliance with applicable laws and ordinances;
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(7) 
The license fee required by this chapter has not been paid;
(8) 
The applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter;
(9) 
The applicant fails to allow and provide for free and unobstructed access to the premises and the building or buildings located on the premises for which the adult use license is sought for City agents, officers and employees who are required to inspect the premises for compliance with the City's codes and ordinances.
B. 
The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the adult use business. All licenses shall be posted in a conspicuous place at or near the entrance to the business so that they may be easily read at any time.
C. 
The fire protection district and code enforcement officers shall complete their certification that the premises are in compliance or not in compliance with City codes within 20 days of receipt of the application by the City.
D. 
No adult use business license shall be issued unless the premises at which the adult use will operate are in conformance with the restrictions set forth in the Columbia Zoning Ordinance.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Every application for an adult use business license (whether a new license or for renewal of an existing license) shall be accompanied by a nonrefundable application and investigation fee in the amount established by the City ordinance establishing the fees and charges to be assessed for City services.
A. 
An applicant or licensee shall permit representatives of the Police Department, Fire Protection District, Building Department or other City or City-designated departments or agencies to inspect the premises of the adult use for the purpose of ensuring compliance with the law any time it is occupied or open for business.
B. 
A person who operates an adult use or his agent or employee violates this chapter if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.
A. 
Each license shall expire on the first day of May after it was issued and may be renewed only by making application as provided in § 105-3. Application for renewal shall be made at least 30 days before the expiration date; and when made less than 30 days before the expiration date, the expiration of the license will not be affected.
B. 
If the City denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the City finds that the basis for denial of the license has been corrected or abated, the applicant may be granted a license.
A. 
The City may suspend a license for a period not to exceed 30 days if, after a hearing, it determines that a licensee or an employee of a licensee:
(1) 
Violated or is not in compliance with any section of this chapter;
(2) 
Refused to allow an inspection of the adult use business premises as authorized by this chapter; or
(3) 
Knowingly permitted gambling by any person on the adult use business premises.
B. 
If the licensee or an employee of the licensee has been found guilty in a court of law of a violation of this chapter, no hearing is necessary prior to suspension of the license.
A. 
The City shall revoke a license if a cause of suspension in § 105-8 occurs and the license has been suspended within the preceding 12 months or if the licensee is convicted of any specified criminal activity.
B. 
The City shall revoke a license if it determines, after a hearing, that:
(1) 
A licensee gave false or misleading information in the material submitted during the application process;
(2) 
A licensee has knowingly allowed possession, use or sale of alcohol or controlled substances on the premises;
(3) 
A licensee has knowingly allowed prostitution on the premises;
(4) 
A licensee knowingly operated the adult use business during a period of time when the licensee's license was suspended;
(5) 
A licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sex act to occur in or on the licensed premises;
(6) 
A licensee is delinquent in payment to the City, county or state for any taxes or fees past due; or
(7) 
A licensee has knowingly or intentionally facilitated another in the commission of the offense of public indecency.
C. 
If the City 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 City finds that the factual basis for the revocation did not occur, the applicant may be granted a license.
D. 
After denial of an application, or denial of a renewal of an application, or suspension or revocation of any license, the applicant or licensee may seek prompt judicial review of such action in any court of competent jurisdiction.
A licensee shall not transfer his/her license to another nor shall a licensee operate an adult use business under the authority of a license at any place other than the address on the license.
All adult uses shall file a verified report with the City showing the licensee's gross receipts and amounts paid to employees during the preceding calendar year. In addition, all adult uses shall maintain and retain for a period of two years the names, addresses and ages of all persons employed, including independent contractors, by the licensee.
All dancing and other performances shall occur on a stage intended for that purpose which is raised at least two feet from the level of the floor. No dancing or other performances shall occur closer than within 10 feet of any patron. In addition, no performer shall fondle, caress or otherwise touch any patron and no patron shall fondle, caress or otherwise touch any performer. No patron shall directly pay or give any gratuity to any performer and no performer shall solicit any pay or gratuity from any patron. Gratuities may be indirectly given to performers by placing the gratuity on the stage.
No booths, stalls or partitioned portions of a room or individual rooms used for the viewing of motion pictures or other forms of entertainment shall have doors, curtains or portal partitions, but all such booths, stalls or partitioned portions of a room or individual rooms so used shall have at least one side open to an adjacent public room so that the area inside is visible to persons in the adjacent public room. All such described areas shall be lighted in such a manner that the persons in the areas used for viewing motion pictures or other forms of entertainment are visible from the adjacent public rooms, but such lighting shall not be of such intensity as to prevent the viewing of the motion pictures or other offered entertainment.
No adult use shall be open prior to 10:00 a.m. or after 12:00 midnight.