[Ord. 593, 5-17-2004]
(A)
Purpose: It is the purpose of this chapter to regulate sexually oriented
businesses and related activities to promote the health, safety, morals,
and general welfare of the citizens of the City, and to establish
reasonable and uniform regulations to prevent the deleterious location
and concentration of sexually oriented businesses within the City.
The provisions of this chapter have neither the purpose nor effect
of imposing a limitation or restriction on the content of any communicative
materials, including sexually oriented materials. Similarly, it is
not the intent nor effect of this chapter to restrict or deny access
by adults to sexually oriented materials protected by the first amendment,
or to deny access by the distributors and exhibitors of sexually oriented
entertainment to their intended market. Neither is it the intent nor
effect of this chapter to condone or legitimize the distribution of
obscene materials.
(B)
Findings: Based on evidence concerning the adverse secondary effects
of adult uses on the community presented in hearings and in reports
made available to the City Council, and on findings incorporated in
the cases of City of Los Angeles v. Alameda Books. Inc., 535 U.S.
425 (2002); City of Erie v. Pap's A.M., 529 U.S. 277 (2000);
Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); City of Renton
v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Arcara v. Cloud Books.
Inc., 478 U.S. 697, (1986); lacobucci v. City of Newport, Ky, 479
U.S. 92 (1986); Young v. American Mini Theatres 427 U.S. 50 (1976);
California v. LaRue, 409 U.S. 109 (1972); United States v. O'Brien,
391 U.S. 367 (1968); DLS. Inc. v. City of Chattanooga, 107 F .3d 403
(6th Cir. 1997); Kev. Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir.
1986); Hang On, Inc. v. City of Arlington 65 F .3d 1248 (5th Cir.
1995); South Florida Free Beaches, Inc. v. City of Miami, 734 F.2d
608 (11th Cir. 1984); and N.W. Enterprises v. City of Houston, 27
F. Supp. 2d 754 (S.D. Tex. 1998), as well as studies conducted in
other cities including, but not limited to, Phoenix, Arizona; Minneapolis,
Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas;
Garden Grove, California; Los Angeles, California; Whittier, California;
Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland,
Ohio; and Beaumont, Texas; and findings reported in the "Final Report
Of The Attorney General's Commission On Pornography" (1986),
the "Report Of The Attorney General's Working Group On The Regulation
Of Sexually Oriented Businesses" (June 6, 1989, state of Minnesota),
and statistics obtained from the U.S. department of health and human
services, centers for disease control and prevention, the City Council
finds that:
1.
Sexually oriented businesses lend themselves to ancillary unlawful
and unhealthy activities that are presently uncontrolled by the operators
of the establishments. Further, there is presently no mechanism to
make owners of these establishments responsible for the activities
that occur on their premises.
2.
Crime statistics show that all types of crimes, especially sex related
crimes, occur with more frequency in neighborhoods where sexually
oriented businesses are located.
3.
Sexual acts, including masturbation, and oral and anal sex, occur
at sexually oriented businesses, especially those which provide private
or semiprivate booths or cubicles for viewing films, videos, or live
sex shows.
4.
Offering and providing such booths and/or cubicles encourages such
activities, which creates unhealthy conditions.
5.
Persons frequent certain adult theaters, adult arcades, and other
sexually oriented businesses, for the purpose of engaging in sex within
the premises of such sexually oriented businesses.
6.
At least 50 communicable diseases may be spread by activities occurring
in sexually oriented businesses including, but not limited to, syphilis,
gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital
herpes, hepatitis B, non A, non B amebiasis, salmonella infections,
and shigella infections.
7.
As of June 2001, the total number of reported cases of AIDS in the
United States caused by the immunodeficiency virus (HIV) was 793,025.
8.
The total number of cases of genital chlamydia trachomatis infections
in the United States reported in 2000 was 702,093, a 6% increase over
the year 1999.
9.
The total number of cases of early (less than one year) syphilis
in the United States reported during the period 1996-2000 was 212,672.
10.
The number of cases of gonorrhea in the United States reported
annually remains at a high level, with a total of 1,730,911 cases
reported during the period 1996-2000.
11.
The surgeon general of the United States in his report of October
22, 1986, advised the American public that AIDS and HIV infection
may be transmitted through sexual contact, intravenous drug use, exposure
to infected blood and blood components, and from an infected mother
to her newborn.
12.
According to the best scientific evidence available, AIDS and
HIV infection, as well as syphilis and gonorrhea, are principally
transmitted by sexual acts.
13.
Sanitary conditions in some sexually oriented businesses are
unhealthy, in part, because the activities conducted there are unhealthy,
and, in part, because of the unregulated nature of the activities
and the failure of the owners and operators of the facilities to self-regulate
those activities and maintain those facilities.
14.
Numerous studies and reports have determined that bodily fluids,
including semen and urine, are found in the areas of sexually oriented
businesses where persons view "adult" oriented films.
15.
Nude dancing in adult establishments encourages prostitution,
increases sexual assaults, and attracts other criminal activity.
16.
Nude dancing in adult establishments increases the likelihood
of drug dealing and drug use.
17.
Alcohol consumption in adult establishments increases the likelihood
of crime, illegal drug use, and illegal sexual activity, and encourages
undesirable behavior that is not in the interest of the public health,
safety, and welfare.
18.
The findings noted in Subsections (B)1 through (B)17 of this
section raise substantial governmental concerns.
19.
Sexually oriented businesses have operational characteristics
which should be reasonably regulated in order to protect those substantial
governmental concerns.
20.
A reasonable licensing procedure is an appropriate mechanism
to place the burden of that reasonable regulation on the owners and
operators of sexually oriented businesses. Further, such licensing
procedure will place a heretofore nonexistent incentive on operators
to see that the sexually oriented business is run in a manner consistent
with the health, safety, and welfare of its patrons and employees,
as well as the citizens of the City. It is appropriate to require
reasonable assurances that the licensee is the actual operator of
the sexually oriented business, fully in possession and control of
the premises and activities occurring therein.
21.
Removal of doors on adult booths and requiring sufficient lighting
on the premises with adult booths advances a substantial governmental
interest in curbing the illegal and unsanitary sexual activity occurring
in adult establishments.
22.
The disclosure of certain information by those persons ultimately
responsible for the day to day operation and maintenance of the sexually
oriented business, where such information is substantially related
to the significant governmental interest in the operation of such
uses, will aid in preventing the spread of sexually transmitted diseases
and criminal activity.
23.
It is desirable, in the prevention of crime and the spread of
communicable diseases, to obtain a limited amount of information regarding
certain employees who may engage in the conduct this chapter is designed
to prevent, or who are likely to be witnesses to such activity.
24.
The fact that an applicant for a sexually oriented business
license has been convicted of a sex related crime leads to the rational
assumption that the applicant may engage in that conduct in contravention
to this chapter.
25.
The barring of such individuals from operation or employment
in sexually oriented businesses for a period of five years for a previous
felony conviction serves as a deterrent to further criminal conduct,
and prevents conduct which leads to the transmission of sexually transmitted
diseases.
26.
The general welfare, health, morals, and safety of the citizens
of this City will be promoted by enactment of this chapter.
27.
When more than one sexually oriented business use occupies the
same location or business address, the secondary effects caused by
such businesses are increased. Secondary effects are eliminated or
controlled to a greater degree when only a single sexually oriented
business use is allowed to occupy the same location.
[Ord. 593, 5-17-2004]
Any place to which the public is permitted or invited wherein
coin operated or slug operated or electronically, electrically, or
mechanically controlled still or motion picture machines, projectors,
videos, or other image producing devices are maintained to show images
to five or fewer persons per machine at any one time, and where the
images so displayed are distinguished or characterized by the depicting
or describing of "specified sexual activities" or "specified anatomical
areas".
A commercial establishment that, as one of its principal
business purposes, offers for sale or rental for any form of consideration
any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes or video reproductions, slides,
or other visual representations that are distinguished or characterized
by the depicting or describing of "specified sexual activities" or
"specified anatomical areas"; or
Instruments, devices, or paraphernalia that are designed for
use in connection with "specified sexual activities".
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A principal business purpose exists if materials offered for
sale or rental depicting or describing "specified sexual activities"
or "specified anatomical areas" generate 20% or more of the business's
income, or account for 20% or more of inventory, or occupy 20% or
more of total floor space. A commercial establishment may have other
principal business purposes that do not involve the offering for sale
or rental of material depicting or describing "specified sexual activities"
or "specified anatomical areas" and still be categorized as an adult
bookstore or adult video store. Such other business purposes will
not serve to exempt such commercial establishments from being categorized
as an adult bookstore or adult video store so long as one of its principal
business purposes is the offering for sale or rental for consideration
the specified materials that depict or describe "specified sexual
activities" or "specified anatomical areas".
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A nightclub, bar, restaurant, cafe, or similar commercial
establishment that regularly, commonly, habitually, or consistently
features:
Persons who appear in a state of nudity or seminudity; or
Live performances that are distinguished or characterized by
the exposure of "specified anatomical areas" or by "specified sexual
activities"; or
Films, motion pictures, videocassettes, slides, photographic
reproductions, or other image producing devices that are distinguished
or characterized by the depiction or description of "specified sexual
activities" or "specified anatomical areas"; or
Persons who engage in "exotic" or erotic dancing or performances
that are intended for the sexual interests or titillation of an audience
or customers.
A hotel, motel or similar commercial establishment that:
Offers accommodation to the public for any form of consideration
and provides patrons with closed circuit television transmissions,
films, motion pictures, videocassettes, slides, or other photographic
reproductions that are distinguished or characterized by the depiction
or description of "specified sexual activities" or "specified anatomical
areas"; and has a sign visible from the public right of way that advertises
the availability of this adult type of photographic reproductions;
or
Offers a sleeping room for rent for a period of time that is
less than twenty-four-hours; or
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 24 hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides, or similar photographic
reproductions are regularly, commonly, habitually, or consistently
shown that are distinguished or characterized by the depiction or
description of "specified sexual activities" or "specified anatomical
areas".
A theater, concert hall, auditorium, or similar commercial
establishment that regularly, commonly, habitually, or consistently
features persons who appear, in person, in a state of nudity and/or
seminudity, and/or live performances that are distinguished or characterized
by the exposure of "specified anatomical areas" or by "specified sexual
activities".
The Chief of Police and such employee(s) of the police department
as he may designate to perform the duties of the director under this
chapter.
A person who performs any service on the premises of a sexually
oriented business on a full time, part time, contract basis, or independent
basis, whether or not the person is denominated an employee, independent
contractor, agent, or otherwise, and whether or not the said person
is paid a salary, wage, or other compensation by the operator of said
business. "Employee" does not include a person exclusively on the
premises for repair or maintenance of the premises or equipment on
the premises, or for the delivery of goods to the premises, nor does
"employee" include a person exclusively on the premises as a patron
or customer.
A person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person or business association who furnishes, offers to
furnish, or advertises to furnish escorts, as one of its primary business
purposes for a fee, tip, or other consideration.
Includes any of the following:
The opening or commencement of any sexually oriented business
as a new business;
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
The addition of any sexually oriented business to any other
existing sexually oriented business; or
The relocation of any sexually oriented business; or
A sexually oriented business or premises on which the sexually
oriented business is located.
A facility licensed by the state of Illinois, whether situated
within the City or not, that provides care, training, education, custody,
treatment or supervision for more than 12 children under 14 years
of age, where such children are not related by blood, marriage or
adoption to the owner or operator of the facility, for less than 24
hours a day, regardless of whether or not the facility is operated
for a profit or charges for the services it offers.
A person in whose name a license has been issued, as well
as the individual listed as an applicant on the application for a
license.
A play, skit, opera, ballet, concert, comedy, or musical
drama.
Any place where a person who appears in a state of nudity
or displays "specified anatomical areas" is provided to be observed,
sketched, drawn, painted, sculptured, photographed, or similarly depicted
by other persons for consideration.
The appearance of a human bare buttock, anus, anal cleft
or cleavage, pubic area, male genitals, female genitals, or vulva,
with less than a fully opaque covering; or a female breast with less
than a fully opaque covering of any part of the areola; or human male
genitals in a discernibly turgid state even if completely and opaquely
covered.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
The real property upon which the sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in the application for a business license pursuant to Section 3-20-4 of this chapter.
The appearance of the female breast below a horizontal line
across the top of the areola at its highest point. This definition
shall include the entire lower portion of the human female breast,
but shall not include any portion of the cleavage of the human female
breast exhibited by a dress, blouse, skirt, leotard, bathing suit,
or other wearing apparel provided the areola is not exposed in whole
or in part.
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
Physical contact in the form of wrestling or tumbling between
persons of the opposite sex; or
Activities between persons of the opposite sex and/or persons
of the same sex when one or more of the persons is in a state of nudity
or seminudity.
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A principal business purpose exists if the services offered
are intended to generate business income.
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An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion picture theater, adult theater,
escort agency, nude model studio, or sexual encounter center.
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 child; possession or distribution of
child pornography; public lewdness; indecent exposure; indecency with
a child; sexual assault; molestation of a child; or any similar sex
related offenses to those described above under the criminal or penal
code of this state, other states, or other 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 imposed for the conviction,
whichever is the later date, if the conviction is of a felony offense;
Less than five years have elapsed since the date of the last
conviction or the date of release from confinement imposed for the
last conviction, whichever is the later date, if the convictions are
for two or more misdemeanor offenses or combination of misdemeanor
offenses occurring within any twenty-four-month period;
The fact that a conviction is being appealed shall have no effect
on the disqualification of the applicant.
Includes any of the following:
The increase in floor area occupied by the business by more
than 25%, as the floor area existed on the date of passage hereof.
Includes any of the following:
The sale, lease, or sublease of the business;
The transfer of securities or ownership interest that form a
controlling interest in the business, whether by sale, exchange, or
similar means; or
The establishment of a trust, gift, or other similar legal device
that transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
[Ord. 593, 5-17-2004]
Sexually oriented business uses are classified as either nonlive
entertainment, or live entertainment, as follows:
[Ord. 593, 5-17-2004]
(A)
It shall be unlawful:
1.
For any person to operate a sexually oriented business without a
valid sexually oriented business operator's license ("operator's
license") issued by the director pursuant to this chapter; or
2.
For any person who operates a sexually oriented business to employ
a person to work and/or perform services on the premises of the sexually
oriented business, if such employee is not in possession of a valid
sexually oriented business employee license ("employee license") issued
to such employee by the director pursuant to this chapter; or
3.
For any person to obtain employment with a sexually oriented business
if such person is not in possession of a valid sexually oriented business
employee license issued to such person by the director pursuant to
this chapter.
4.
It shall be a defense to Subsections A2 and A3 of this section if
the employment is of limited duration and for the sole purpose of
repair and/or maintenance of machinery, equipment, or the premises.
Violation of any provision of this subsection shall result in
a fine to the offending party in an amount not to exceed $750, with
each day the violation exists to constitute a separate offense.
(B)
An application for a sexually oriented business operator's license must be made on a form provided by the City. The application must be accompanied by a sketch or a diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Prior to issuance of an operator's license, the premises must be inspected by the health department, building department, and zoning department. Prior inspection by the health department and building department shall be required only when the provisions set forth in Sections 3-20-18 and/or 3-20-19 are applicable.
(C)
An application for a sexually oriented business employee license
must be made on a form provided by the City.
(D)
All applicants for a license must be qualified according to the provisions
of this chapter. The application may request, and the applicant shall
provide, such information reasonably necessary (including fingerprints)
to enable the City to determine whether the applicant meets the qualifications
established under this chapter. The applicant has an affirmative duty
to supplement an application with new information received subsequent
to the date the application was deemed completed.
(E)
If a person who wishes to own or operate a sexually oriented business
is an individual, he must sign the application for an operator's
license as applicant. If a person who wishes to operate a sexually
oriented business is other than an individual, each individual who
has a 10% or greater interest in the business must sign the application
for an operator's license as applicant. If a corporation, or
any other business entity, is listed as owner of a sexually oriented
business or as the entity that wishes to operate such a business,
all corporate officers, directors, and all individuals with an ownership
interest must sign the application for an operator's license
as applicant.
(F)
Applications for an operator's license, whether original or
renewal, must be made to the director by the intended operator of
the enterprise. Applications must be submitted to the office of the
director or the director's designee during regular working hours.
Application forms shall be supplied by the director. The following
information shall be provided on the application form:
1.
The name, street address (and mailing address if different) of the
applicant's);
2.
The applicant's social security number and/or his/her state
or federally issued tax identification number;
3.
The name under which the establishment is to be operated and a general
description of the services to be provided;
(a)
If the applicant intends to operate the sexually oriented business
under a name other than that of the applicant; he or she must state:
1) the sexually oriented business's fictitious name and 2) submit
the required registration documents;
4.
Whether the applicant has been convicted, or is awaiting trial on pending charges, of a "specified criminal activity" as defined in Subsection 3-20-2 of this chapter, and, if so, the "specified criminal activity" involved, the date, place, and jurisdiction of each;
5.
Whether the applicant has had a previous license under this chapter
or other similar sexually oriented business ordinance from another
City or county denied, suspended or revoked, including the name and
location of the sexually oriented business for which the business
license was denied, suspended or revoked, as well as the date of the
denial, suspension or revocation, and whether the applicant is or
has been a partner in a partnership or an officer, director or principal
stockholder of a corporation that is or was licensed under a sexually
oriented business ordinance whose business license has previously
been denied, suspended or revoked, including the name and location
of the sexually oriented business for which the business license was
denied, suspended or revoked as well as the date of denial, suspension
or revocation;
6.
Whether the applicant holds any other licenses under this chapter
or other similar sexually oriented business ordinance from another
City or county and, if so, the names and locations of such other licensed
businesses;
7.
The single classification of license, as found in Section 3-20-3 of this chapter, for which the applicant is filing;
8.
The telephone number of the establishment;
9.
The address and legal description of the tract of land on which the
establishment is to be located;
10.
If the establishment is in operation, the date on which the
owner(s) acquired the establishment for which the business license
is sought, and the date on which the establishment began operations
as a sexually oriented business at the location for which the business
license is sought;
11.
If the establishment is not in operation, the expected startup
date (which shall be expressed in number of days from the date of
issuance of the business license). If the expected startup date is
to be more than 10 days following the date of issuance of the business
license, then a detailed explanation of the construction, repair or
remodeling work or other cause of the expected delay and a statement
of the owner's time schedule and plan for accomplishing the same;
12.
If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than 150 square feet of floor space, films, videocassettes, other video reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in Section 3-20-19 of this chapter.
(G)
Each application for an operator's license shall be accompanied
by the following:
1.
Payment of the application fee in full;
2.
If the establishment is an Illinois corporation, a certified copy
of the articles of incorporation, together with all amendments thereto;
3.
If the establishment is a foreign corporation, a certified copy of
the certificate of authority to transact business in this state, together
with all amendments thereto;
4.
If the establishment is a limited partnership or a limited liability
company formed under the laws of the state of Illinois, a certified
copy of the certificate of limited partnership or the certificate
of limited liability company, together with all amendments thereto;
5.
If the establishment is a foreign limited partnership or foreign
limited liability company, a certified copy of the certificate of
limited partnership or the certificate of limited liability company
and the qualification documents, together with all amendments thereto;
6.
Proof of the current fee ownership of the tract of land on which
the establishment is to be situated in the form of a copy of the recorded
deed;
7.
If the persons identified as the fee owner(s) of the tract of land
in Subsection (G)6 of this section is not also the owner of the sexually
oriented business, then the lease, purchase contract, purchase option
contract, lease option contract or other document(s) evidencing the
legally enforceable right of the owner(s) or proposed owner(s) of
the sexually oriented business to have or obtain the use and possession
of the tract or portion thereof that is to be used for the sexually
oriented business;
8.
A current certificate and straight line drawing prepared within 30
days prior to application by a registered land surveyor depicting
the property lines and the structures containing any existing sexually
oriented businesses within 1,500 feet of the property to be certified;
and the property lines of any established religious institution, synagogue,
school, public park or recreation area within 1,500 feet of the property
to be certified. For purposes of this section, a use shall be considered
existing or established if it is in existence at the time an application
is submitted;
9.
Any of Subsections (G)2 through (G)8 of this section shall not be
required for a renewal application if the applicant states that the
documents previously furnished to the director with the original application
or previous renewals thereof remain correct and current.
(H)
Applications for an employee license to work and/or perform services
in a sexually oriented business, whether original or renewal, must
be made to the director by the person to whom the employee license
shall issue. Each application for an employee license shall be accompanied
by payment of the application fee in full. Application forms shall
be supplied by the director. Applications must be submitted to the
office of the director or the director's designee during regular
working hours. Each applicant shall be required to give the following
information on the application form:
1.
The applicant's given name, and any other names by which the
applicant is or has been known, including "stage" names and/or aliases;
2.
Age, and date and place of birth;
3.
Height, weight, hair color, and eye color;
4.
Present residence address and telephone number;
5.
Present business address and telephone number;
6.
Date, issuing state, and number of photo driver's license, or
other state issued identification card information;
7.
Social security number; and
8.
Proof that the individual is at least 18 years old.
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The personal information provided in this subsection shall be
confidential, and shall not be disclosed to the public except to the
extent required by state or federal law.
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(I)
Attached to the application form for any license under this chapter
shall be the following:
1.
A color photograph of the applicant clearly showing the applicant's
face, and the applicant's fingerprints on a form provided by
the police department. Any fees for the photographs and fingerprints
shall be paid by the applicant.
2.
A statement detailing the license history of the applicant for the
five years immediately preceding the date of the filing of the application,
including whether such applicant, in this or any other City, county,
state, or country, has ever had any license, permit, or authorization
to do business denied, revoked, or suspended, or had any professional
or vocational license or permit denied, revoked, or suspended. In
the event of any such denial, revocation, or suspension, state the
name(s) under which the license was sought and/or issued, the name(s)
of the issuing or denying jurisdiction, and describe in full the reason(s)
for the denial, revocation, or suspension. A copy of any order of
denial, revocation, or suspension shall be attached to the application.
3.
A statement whether the applicant has, within the past five years, been convicted, or is awaiting trial on pending charges, of a "specified criminal activity" as defined in Subsection 3-20-2 of this chapter and, if so, the "specified criminal activity" involved, the date, place and jurisdiction of each.
(J)
Every application for a license under this chapter shall contain
a statement under oath that:
(K)
A separate application and operator's license shall be required for each sexually oriented business classification as set forth in Section 3-20-3 of this chapter.
(L)
The fact that a person possesses other types of state or City permits
and/or licenses does not exempt him/her from the requirement of obtaining
a sexually oriented business operator or employee license.
[Ord. 593, 5-17-2004]
(A)
Upon the filing of an application for a sexually oriented business
employee license, the director shall issue a temporary license to
said applicant if it appears from the face of the application that
it is more likely than not that a license will be issued to the applicant.
The application shall then be referred to the appropriate City departments
for investigation to be made on the information contained in the application.
The application process shall be completed within 30 days from the
date of the completed application. After the investigation, the director
shall issue an employee license, unless it is determined by a preponderance
of the evidence that one or more of the following findings is true:
1.
The applicant has failed to provide the information reasonably necessary
for issuance of the license or has falsely answered a question or
request for information on the application form;
2.
The applicant is under the age of 18 years;
3.
The applicant has been convicted of a "specified criminal activity" as defined in Subsection 3-20-2 of this chapter;
4.
The sexually oriented business employee license is to be used for
employment in a business prohibited by local or state law, statute,
rule, or regulation, or prohibited by a particular provision of this
chapter; or
5.
The applicant has had a sexually oriented business employee license
revoked by the City within two years of the date of the current application.
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If the sexually oriented business employee license is denied,
the temporary license previously issued is immediately rendered null
and void. Denial, suspension, or revocation of a license issued pursuant
to this subsection shall be subject to appeal as forth in Subsection
(l) of this section.
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(B)
A license issued pursuant to Subsection (A) of this section, if granted, shall state on its face the name of the person to whom it is granted, the expiration date, and the address of the sexually oriented business. While engaged in employment or performing services on the sexually oriented business premises, an employee shall, at all times, possess the license in such manner as to be available for immediate inspection upon lawful request.
(C)
A license issued pursuant to Subsection (A) of this section shall be subject to annual renewal upon the written application of the applicant and a finding by the director that the applicant has not been convicted of any "specified criminal activity" as defined in this chapter, or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within 30 days of the completed application. The renewal of a license shall be subject to the fee as set forth in Section 3-20-6 of this chapter. Nonrenewal of a license shall be subject to appeal as set forth in Subsection (I) of this section.
(D)
If application is made for a sexually oriented business operator's
license, the director shall approve or deny issuance of the license
within 30 days of receipt of the completed application. The director
shall issue a license to an applicant unless it is determined by a
preponderance of the evidence that one or more of the following findings
is true:
1.
An applicant has failed to provide the information reasonably necessary
for issuance of the license or has falsely answered a question or
request for information on the application form;
2.
An applicant is under the age of 18 years;
3.
An applicant has been denied a license by the City to operate a sexually
oriented business within the preceding 12 months, or whose license
to operate a sexually oriented business has been revoked within the
preceding 12 months;
4.
An applicant is overdue in payment to the City for taxes, fees, fines,
or penalties assessed against or imposed upon him/her in relation
to the sexually oriented business for which license is sought, or
the property on which the sexually oriented business is located or
will be located;
5.
An applicant has been convicted of a "specified criminal activity" as defined in Subsection 3-20-2 of this chapter;
6.
The premises to be used for the sexually oriented business have not
been approved by the health department, building department, and zoning
department as being in compliance with applicable laws and ordinances,
if such approval is required under other sections of this chapter.
7.
The license fee required under this chapter has not been paid;
8.
An applicant of the proposed establishment is in violation of or
is not in compliance with one or more of the provisions of this chapter.
(E)
A license issued pursuant to Subsection (D) of this section, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business, and the classification, as set forth in Section 3-20-3 of this chapter, for which the license is issued. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
(F)
If so required under other sections of this chapter, the health department, building department, and zoning department shall complete their certification that the premises are in compliance or not in compliance within 20 days of receipt of the completed application by the director. The certification shall be promptly presented to the director. Failure of an appropriate department to timely certify its inspection shall not be grounds for refusing to issue a license within the mandatory time period prescribed in Subsection (D) of this section. In the event the director fails to render a decision on the application within the time specified herein, the operator shall be permitted to commence operation of the business. Redner v. Dean, 29 F.3d 1495, 1500-01 (11th Cir. 1994), cert, denied, 514 U.S. 1066 (1995).
(G)
A sexually oriented business license shall issue for only one classification, as set forth in Section 3-20-3 of this chapter.
(H)
In the event that the director determines that an applicant is not
eligible for a sexually oriented operator's license, the applicant
shall be given notice in writing of the reasons for the denial within
30 days of the receipt of the completed application by the director,
provided that the applicant may request, in writing at any time before
the notice is issued, that such period be extended for an additional
period of not more than 10 days in order to make modifications necessary
to comply with this chapter.
(I)
An applicant may appeal the decision of the director regarding a
denial to the City Council by filing a written notice of appeal with
the City Clerk within 10 days after service of notice upon the applicant
of the director's decision. The notice of appeal shall be accompanied
by a memorandum or other writing setting out fully the grounds for
such appeal and all arguments in support thereof. The director may,
within 15 days of service upon him of the applicant's memorandum,
submit a responsive memorandum to the City Council.
After reviewing such memoranda, as well as the director's written decision, if any, and exhibits submitted to the director, the City Council shall vote either to uphold or overrule the director's decision. Such vote shall be taken within 21 calendar days after the date on which the City Clerk receives the notice of appeal. The status quo immediately prior to denial of the license shall be maintained during the pendency of the appeal. Judicial review of a denial by the director and City Council may be made pursuant to Section 3-20-11 of this chapter. The status quo shall continue to be maintained during the pendency of judicial review.
(J)
A license issued pursuant to Subsection (D) of this section shall be subject to annual renewal upon the written application of the applicant and a finding by the director that the applicant has not been convicted of any "specified criminal activity" as defined in this chapter, or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within 30 days of the completed application. The renewal of a license shall be subject to the fee as set forth in Section 3-20-6 of this chapter.
[Ord. 593, 5-17-2004]
(A)
The annual fee for a sexually oriented business operator's license
shall be $1,250. The annual fee for a sexually oriented business employee
license, whether new or renewal, shall be $50. These fees are to be
used to pay for the cost of the administration and enforcement of
this chapter.
(B)
In addition to the annual fee for a sexually oriented business operator's
license, each new sexually oriented business license application shall
be submitted with an application fee of $2,000. A "new license" shall
be defined as a nonrelative (i.e., father, mother, brother, sister,
or descendant) purchasing a business or a new business establishment.
Said fee shall be nonrefundable and shall be paid by any first time
applicant other than a relative of the sellers for a sexually oriented
business license.
[Ord. 593, 5-17-2004]
(A)
The City shall regularly inspect the premises of the sexually oriented
business in order to ensure compliance with the provisions of this
chapter. An applicant or licensee shall permit representatives of
the police department and/or health department to inspect the premises
at any time the establishment is open for business. Such inspection
shall be limited to visual assessment of the activities conducted
in areas to which patrons have access or are allowed access; to requests
for inspection of the licenses required under this chapter; and to
requests for identification of those individuals who reasonably appear
to be under the age of 18.
(B)
A person who operates a sexually oriented business or his agent or
employee commits a violation of this chapter if he/she refuses to
promptly permit such lawful inspection of the premises and will be
fined in an amount not to exceed $750 for each violation, with each
day such refusal continues to constitute a separate offense.
[Ord. 593, 5-17-2004]
(A)
Each license shall expire April 30 after the year of its issuance and may be renewed only by making application as provided in Section 3-20-4 of this chapter. Application for renewal should be made at least 30 days before the expiration date. When application is made less than 30 days before the expiration date, the expiration of the license will not be affected.
(B)
When the director denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. Notwithstanding the provisions of this section, in the event a licensee appeals the nonrenewal of a license, the status quo immediately prior to nonrenewal shall be maintained throughout the pendency of the appeal, up to and including judicial review on the merits as set forth in Section 3-20-11 of this chapter.
[Ord. 593, 5-17-2004]
The director shall suspend a license for a period not to exceed
30 days if he determines that licensee or an employee of licensee
has:
(A)
Violated or is not in compliance with any section of this chapter;
(B)
Operated or performed services in a sexually oriented business while
intoxicated by the use of alcoholic beverages or controlled substances;
(C)
Refused to allow prompt inspection of the sexually oriented business
premises as authorized by this chapter;
(D)
With knowledge, permitted gambling by any person on the sexually
oriented business premises.
|
A licensee may appeal the revocation of a license to the City Council in accordance with the procedure set forth in Subsection 3-20-5(I) of this chapter. Notwithstanding any other provisions of this section, in the event a licensee appeals the suspension of a license, the status quo immediately prior to suspension shall be maintained throughout the pendency of the appeal, up to and including judicial review on the merits as set forth in Section 3-29-11 of this chapter.
|
[Ord. 593, 5-17-2004]
(A)
The director shall revoke a license if a cause of suspension in Section 3-20-9 of this chapter occurs and the license has been suspended within the preceding 12 months.
(B)
The director shall revoke a license if he determines that:
1.
A licensee gave materially false or misleading information in the
material submitted during the application process;
2.
A licensee was convicted of a "specified criminal activity" on a
charge that was pending prior to the issuance of the license;
3.
A licensee has, with knowledge, permitted the possession, use, or
sale of controlled substances on the premises;
4.
A licensee has, with knowledge, permitted the sale, use, or consumption
of alcoholic beverages on the premises;
5.
A licensee has, with knowledge, permitted prostitution on the premises;
6.
A licensee has, with knowledge, operated the sexually oriented business
during a period of time when the licensee's license was suspended;
7.
A licensee has, with knowledge, permitted any act of sexual intercourse,
sodomy, oral copulation, masturbation, or other sexual conduct to
occur in or on the licensed premises;
8.
A licensee is delinquent in payment to the City or state for any
taxes, fees, fines, or penalties relating to the sexually oriented
business or the premises thereon;
9.
A licensee has, with knowledge, permitted a person under 18 years
of age to enter or remain in the establishment; or
10.
A licensee has attempted to sell his business license, or has
sold, assigned, or transferred ownership or control of the sexually
oriented business to a nonlicensee of the establishment;
11.
A licensee has, with knowledge, permitted a person or persons
to engage in specified sexual activities on the premises of the sexually
oriented business.
(C)
When the director revokes a license, the revocation shall continue for one year, and the licensee shall not be issued a license for one year from the date revocation became effective. A licensee may appeal the revocation of a license to the City Council in accordance with the procedure set forth in Subsection 3-20-5(I) of this chapter. Notwithstanding any other provisions of this section, in the event the licensee appeals the revocation of a license, the status quo immediately prior to revocation shall be maintained throughout the pendency of the appeal, up to and including judicial review on the merits as set forth in Section 3-20-11 of this chapter.
[Ord. 593, 5-17-2004]
Within 14 days of a denial of an initial or renewal application
by the director and City Council, or suspension or revocation of a
license by the director, the applicant or licensee may seek prompt
judicial review of such administrative action in any court of competent
jurisdiction. Upon notification by summons of the filing of a complaint
seeking judicial review of the City's administrative action,
the City shall transmit the record of the administrative action to
the court no later than five business days after receipt of said summons,
and shall answer the complaint no later than 10 days after receipt
of the summons. In addition, the City shall submit its response brief
within 14 days of receipt of the petitioner's brief. The administrative
action shall then be promptly reviewed by the court.
[Ord. 593, 5-17-2004]
(A)
A licensee shall not transfer his/her license to another, nor shall
a licensee operate a sexually oriented business under the authority
of a license at any place other than the address designated in the
application and set forth in the operator's license.
(B)
An operator's license shall not be transferable from one location
to another.
[Ord. 593, 5-17-2004]
Sexually oriented businesses shall be permitted in any commercial
district provided that:
(A)
The sexually oriented business may not be operated within:
1.
One thousand five hundred feet of a church, synagogue, mosque, temple
or building which is used primarily for religious worship and related
religious activities;
2.
One thousand five hundred feet of a public or private educational
facility including, but not limited to, child daycare facilities,
nursery schools, preschools, kindergartens, elementary schools, private
schools, intermediate schools, junior high schools, middle schools,
high schools, vocational schools, secondary schools, continuation
schools, special education schools, junior colleges, and universities;
school includes the school grounds, but does not include the facilities
used primarily for another purpose and only incidentally as a school;
3.
One thousand five hundred feet of a public park or recreational area
which has been designated for park or recreational activities including,
but not limited to, a park, playground, nature trails, swimming pool,
reservoir, athletic field, basketball or tennis courts, skating rink,
pedestrian/bicycle paths, wilderness areas, or other similar public
land within the village which is under the control, operation, or
management of the City or park and recreation authorities;
4.
One thousand five hundred feet of the property line of a lot zoned
for residential use and devoted to a residential use as defined in
the zoning code; or
5.
One thousand five hundred feet of another sexually oriented business.
(B)
A sexually oriented business may not be operated in the same building, structure, or portion thereof, containing another sexually oriented business that is classified in accordance with Section 3-20-3 of this chapter.
(C)
For the purpose of this chapter, measurement shall be made in a straight
line, without regard to intervening structures or objects, from the
nearest portion of the building or structure used as a part of the
premises where a sexually oriented business is conducted, to the nearest
property line of the premises of a church, synagogue, regular place
of worship, or public or private elementary or secondary school, or
to the nearest boundary of an affected public park, residential district,
or residential lot, or licensed daycare center.
[Ord. 593, 5-17-2004]
(A)
Any business lawfully operating on the effective date hereof that
is in violation of the locational or structural configuration requirements
of this chapter shall be deemed a nonconforming use. The nonconforming
use will be permitted to continue for a period not to exceed two years,
unless sooner terminated for any reason or voluntarily discontinued
for a period of 30 days or more. Such nonconforming uses shall not
be increased, enlarged, extended or altered except that the use may
be changed to a conforming use. If two or more sexually oriented businesses
are within 1,500 feet of one another and otherwise in a permissible
location, the sexually oriented business that was first established
and continually operated at a particular location is the conforming
use and the later established businesses) is nonconforming.
(B)
A sexually oriented business lawfully operating as a conforming use
is not rendered a nonconforming use by the location, subsequent to
the grant or renewal of the sexually oriented business license, of
a church, synagogue, or regular place of religious worship, public
or private elementary or secondary school, licensed daycare center,
public park, or residential district within 1,500 feet of the sexually
oriented business. This provision applies only to the renewal of a
valid business license, and does not apply when an application for
a business license is submitted after an operator's license has
expired or has been revoked.
[Ord. 593, 5-17-2004]
(A)
Evidence that a sleeping room in a hotel, motel, or a similar commercial
enterprise has been rented and vacated two or more times in a period
of time that is less than 10 hours creates a rebuttable presumption
that the enterprise is an "adult motel" as that term is defined in
this chapter.
(B)
It is unlawful if a person, as the person in control of a sleeping
room in a hotel, motel, or similar commercial enterprise that does
not have a sexually oriented business license, rents or subrents a
sleeping room to a person and, within 10 hours from the time the room
is rented, he rents or subrents the same sleeping room again.
[Ord. 593, 5-17-2004]
(A)
An escort agency shall not employ any person under the age of 18
years.
(B)
A person commits an offense if the person acts as an escort or agrees
to act as an escort for any person under the age of 18 years.
(C)
Violation of this section shall result in a fine to the offending
party in an amount not to exceed $750, with each day constituting
a separate offense.
[Ord. 593, 5-17-2004]
(A)
A nude model studio shall not employ any person under the age of
18 years.
(B)
A person under the age of 18 years violates this section if the person
appears seminude or in a state of nudity in or on the premises of
a nude model studio and may be fined in an amount not to exceed $750,
with each day the appearance occurs to constitute a separate offense.
It is a defense to prosecution under this subsection if the person
under 18 years was in a restroom not open to the public view or visible
by any other person.
(C)
A person violates this chapter if the person appears in a state of
nudity, or with knowledge, allows another to appear in a state of
nudity in an area of a nude model studio premises which can be viewed
from the public right of way and may be fined under this chapter in
an amount not to exceed $750, with each day the violation occurs to
constitute a separate offense.
(D)
A nude model studio shall not place or permit a bed, sofa, or mattress
in any room on the premises, except that a sofa may be placed in a
reception room open to the public.
[Ord. 593, 5-17-2004]
(A)
Any person who, with knowledge and intent, appears in person in a
nude or seminude condition in a sexually oriented business, unless
the person is an employee who, while nude or seminude, is at least
10 feet from any patron or customer, and on a stage raised at least
two feet from the floor, shall be deemed to have violated this chapter
and shall be fined an amount not to exceed $750, with each day constituting
a separate offense.
(B)
Any employee, while nude or seminude, who solicits any pay or gratuity
from any patron or customer on the sexually oriented business premises,
or any patron or customer who pays or gives any gratuity to any employee,
while said employee is nude or seminude on the sexually oriented business
premises, shall be deemed to have violated this chapter and shall
be fined an amount not to exceed $750, with each day constituting
a separate offense.
(C)
Any employee, while nude or seminude, who touches a patron or the
clothing of a patron, or any patron who touches a nude or seminude
employee or the clothing of a nude or seminude employee, while the
employee is on the sexually oriented business premises, shall be deemed
to have violated this chapter and shall be fined an amount not to
exceed $750, with each day constituting a separate offense.
[Ord. 593, 5-17-2004]
(A)
A person who operates or causes to be operated a sexually oriented
business, other than an adult motel, which exhibits on the premises
in a viewing room of less than 150 square feet of floor space, a film,
videocassette, or other video reproduction, that depicts specified
sexual activities or specified anatomical areas, shall comply with
the following requirements:
1.
Upon application for a sexually oriented business license, the application
shall be accompanied by a diagram of the premises showing a plan thereof
specifying the location of one or more manager's stations and
the location of all overhead lighting fixtures and designating any
portion of the premises in which patrons will not be permitted. A
manager's station may not exceed 32 square feet of floor area.
The diagram shall also designate the place at which the business license
will be conspicuously posted, if granted. A professionally prepared
diagram in the nature of an engineer's or architect's blueprint
shall not be required; however, each diagram should be oriented to
the north or to some designated street or object and should be drawn
to a designated scale or with marked dimensions sufficient to show
the various internal dimensions of all areas of the interior of the
premises to an accuracy of plus or minus six inches. The director
may waive the foregoing diagram for renewal applications if the applicant
adopts a diagram that was previously submitted and certifies that
the configuration of the premises has not been altered since said
diagram was prepared.
2.
The application shall be sworn to be true and correct by the applicant.
3.
No alteration in the configuration or location of a manager's
station may be made without the prior approval of the director or
his designee.
4.
It is the duty of the owners and operator of the premises to ensure
that at least one employee is on duty and situated in each manager's
station at all times that any patron is present inside the premises.
5.
The interior of the premises shall be configured in such a manner
that there is an unobstructed view from a manager's station of
the entire area of the premises to which any patron is permitted access
for any purpose, excluding restrooms. Restrooms may not contain video
reproduction equipment. If the premises has two or more manager's
stations designated, then the interior of the premises shall be configured
in such a manner that there is an unobstructed view of the entire
area of the premises to which any patron is permitted access for any
purpose from at least one of the manager's stations. The view
required in this subsection must be by direct line of sight from the
manager's station.
6.
It shall be the duty of the operator, and it shall also be the duty
of any agents and employees present in the premises, to ensure that
the view area specified in Subsection (A)5 of this section remains
unobstructed at all times. No doors, walls, partitions, curtains,
merchandise, display racks, or other object(s) shall obstruct from
view of the manager's station any portion of the premises to
which patrons have access. It shall be the duty of the operator, and
it shall also be the duty of any agents and employees present in the
premises, to ensure that no patron is permitted access to any area
of the premises that has been designated as an area in which patrons
will not be permitted, as designated in the application filed pursuant
to Subsection (A)1 of this section.
7.
The premises shall be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place to which patrons are
permitted access at an illumination of not less than five foot-candles
as measured at the floor level.
8.
It shall be the duty of the operator, and it shall also be the duty
of any agents and employees present in the premises, to ensure that
the illumination described above is maintained at all times that any
patron is present in the premises.
9.
No viewing room or booth may be occupied by more than one person
at any time.
10.
No opening of any kind shall exist between viewing rooms or
booths.
11.
It shall be the duty of the operator, and it shall also be the
duty of any agents and employees present in the premises, to ensure
that no more than one person at a time occupies a viewing booth or
room, and to ensure that no person attempts to make an opening of
any kind between the viewing booths or rooms.
12.
The operator of the sexually oriented business shall, each business
day, inspect the walls between the viewing booths to determine if
any openings or holes exist.
13.
The operator of the sexually oriented business shall cause all
floor coverings in viewing booths to be nonporous, easily cleanable
surfaces, with no rugs or carpeting.
14.
The operator of the sexually oriented business shall cause all
wall surfaces and ceiling surfaces in viewing booths to be constructed
of, or permanently covered by, nonporous, easily cleanable material.
No wood, plywood, composition board or other porous material shall
be used within 48 inches of the floor.
(B)
If a person having a duty under Subsections (A)1 through (A)14 of
this section violates any one of said subsections, he or she shall
be fined in an amount not to exceed $750, with each such violation
constituting a separate offense and the violation of each subsection
hereof constituting a separate offense.
[Ord. 593, 5-17-2004]
(A)
It shall be unlawful for an owner or operator of a sexually oriented
business to allow the merchandise or activities of the establishment
to be visible from a point outside the establishment.
(B)
It shall be unlawful for the owner or operator of a sexually oriented
business to allow the exterior portion of the sexually oriented business
to have flashing lights, or any words, lettering, photographs, silhouettes,
drawings, or pictorial representations of any manner except to the
extent permitted by the provisions of this chapter.
(C)
It shall be unlawful for the owner or operator of a sexually oriented
business to allow exterior portions of the establishment to be painted
any color other than a single achromatic color. This provision shall
not apply to a sexually oriented business if the following conditions
are met:
1.
The establishment is a part of a commercial multi-unit center; and
2.
The exterior portions of each individual unit in the commercial multi-unit
center, including the exterior portions of the business, are painted
the same color as one another or are painted in such a way so as to
be a component of the overall architectural style or pattern of the
commercial multi-unit center.
(D)
Nothing in this chapter shall be construed to require the painting
of an otherwise unpainted exterior portion of a sexually oriented
business.
(E)
A violation of any provision of this section shall result in the
offending party being fined an amount not to exceed $750, with each
day such violation occurs to constitute a separate offense.
[Ord. 593, 5-17-2004]
(A)
Notwithstanding any other City ordinance, code, or regulation to
the contrary, it shall be unlawful for the operator of any sexually
oriented business or any other person to erect, construct, or maintain
any sign for the sexually oriented business other than the one primary
sign and one secondary sign, as provided herein.
(C)
Primary signs shall contain no photographs, silhouettes, drawings
or pictorial representations in any manner, and may contain only the
name of the enterprise.
(D)
Each letter forming a word on a primary sign shall be of solid color,
and each such letter shall be the same print type, size and color.
The background behind such lettering on the display surface of a primary
sign shall be of a uniform and solid color.
(F)
The provisions of Subsections (B)1, (C) and (D) of this section shall
also apply to secondary signs.
(G)
Violation of this section shall result in a fine to the offending
party in an amount not to exceed $750, with each day the violation
continues to occur constituting a separate offense.
[Ord. 593, 5-17-2004]
(A)
The sale, use, or consumption of alcoholic beverages on the premises
of a sexually oriented business is prohibited.
(B)
Violation of this section shall result in a fine to the offending
party in an amount not to exceed $750, with each day the violation
continues to occur constituting a separate offense.
[Ord. 593, 5-17-2004]
(A)
It shall be unlawful to allow a person who is younger than 18 years
of age to enter or be on the premises of a sexually oriented business
at any time the sexually oriented business is open for business.
(B)
It shall be the duty of the operator of each sexually oriented business
to ensure that an attendant is stationed at each public entrance to
the sexually oriented business at all times during such sexually oriented
business's regular business hours. It shall be the duty of the
attendant to prohibit any person under the age of 18 years from entering
the sexually oriented business. It shall be presumed that an attendant
knew a person was under the age of 18 unless such attendant asked
for and was furnished:
(C)
Violation of this section shall result in a fine to the offending
party in an amount not to exceed $750, with each day the violation
continues to occur constituting a separate offense.
[Ord. 593, 5-17-2004]
It shall be unlawful for any sexually oriented business, regardless
of whether in a public or private facility, to operate as a massage
salon, massage parlor or any similar type business where any physical
contact with the recipient of such services is provided by a person
of the opposite sex. Violation of this section shall result in a fine
to the offending party in an amount not to exceed $750, with each
day the violation continues to occur constituting a separate offense.
[Ord. 593, 5-17-2004]
No sexually oriented business, except for an adult motel, may
remain open at any time between the hours of 10:00 p.m. and 11:00
a.m. on weekdays and Saturdays. No sexually oriented business shall
open for business or remain open for business on Sunday or any legal
holiday recognized by the state of Illinois.
[Ord. 593, 5-17-2004]
(A)
It is a defense to prosecution under this chapter that a person appearing
in a state of nudity did so in a modeling class operated:
1.
By a proprietary school, licensed by the state of Illinois, a college,
junior college, or university supported entirely or partly by taxation;
2.
By a private college or university that maintains and operates educational
programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation.
(B)
Notwithstanding any other provision in this chapter, movies rated
G, PG, PG-13, or R, by the Motion Picture Association of America (MPAA),
or live theatrical performances with serious artistic, social, or
political value, that depict or describe specified anatomical areas
or specified sexual activities, are expressly exempted from regulation
under this chapter.
[Ord. 593, 5-17-2004]
(A)
Any notice required or permitted to be given by the director or any
other City office, division, department or other agency under this
chapter to any applicant, operator or owner of a sexually oriented
business may be given either by personal delivery or by certified
United States mail, postage prepaid, return receipt requested, addressed
to the most recent address as specified in the application for the
license, or any notice of address change that has been received by
the director. Notices mailed as described above shall be deemed given
upon their deposit in the United States mail. In the event that any
notice given by mail is returned by the postal service, the director
or his designee shall cause it to be posted at the principal entrance
to the establishment.
(B)
Any notice required or permitted to be given to the director by any
person under this chapter shall not be deemed given until and unless
it is received in the office of the director.
(C)
It shall be the duty of each owner who is designated on the license
application and each operator to furnish notice to the director in
writing of any change of residence or mailing address.
[Ord. 593, 5-17-2004]
A person who operates or causes to be operated a sexually oriented business without a valid operator's license, or in violation of Section 3-20-13 of this chapter, is subject to a suit for injunction as well as prosecution for chapter violations. Each day a sexually oriented business so operates is a separate offense or violation.
[Ord. 593, 5-17-2004]
This chapter shall be enforced from and after May 19, 2004.
