[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:
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.
A public or private establishment which:
Features topless dancers, strippers, go-go dancers, male or
female impersonators, lingerie or bathing suit fashion shows;
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 patrons or features entertainers who engage in, or
are engaged in explicit simulation of, specified sexual activities.
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.
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 bookstores, adult motion-picture theaters, adult entertainment
cabarets, and other similar uses.
Employees, independent contractors or any other person who
is retained by the licensee or subject to dismissal from working at
the licensed premises.
The offenses specified as follows:
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;
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 that occurred
within any twenty-four-month period;
The fact that a conviction is being appealed shall have no effect
on the disqualification of the applicant.
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.
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:
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.
