[HISTORY: Adopted by the Board of Trustees of the Village of Dwight as Ch. 17, Art. IV, of the 1999 Code. Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
As used in this chapter, the following terms shall have the meanings indicated:
ADULT BOOTH
Any area of an adult entertainment establishment set off from the remainder of such establishment by one or more walls or other dividers or partitions and used to show, play, or otherwise demonstrate any adult materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
ADULT ENTERTAINMENT ESTABLISHMENT
Any of the following commercial establishments, as defined herein:
A. 
ADULT CABARETAny commercial establishment that as a substantial or significant portion of its business features or provides any of the following:
(1) 
Persons who appear nude or seminude.
(2) 
Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
(3) 
Films, motion pictures, video- or audiocassettes, slides, computer displays, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
B. 
ADULT STOREAny commercial establishment:
(1) 
That contains one or more adult booths;
(2) 
That as a substantial or significant portion of its business offers for sale, rental, or viewing any adult materials; or
(3) 
That has a segment or section devoted to the sale or display of adult materials.
C. 
ADULT THEATERAny commercial establishment that as a substantial or significant portion of its business features or provides films, motion pictures, video- or audiocassettes, slides, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
ADULT ESTABLISHMENT EMPLOYEE
Any individual, including entertainers, who work in or at, or render any services directly related to the operation of, an adult entertainment establishment; provided, however, that this definition shall not include persons delivering goods, materials (other than adult materials), food and beverages, or performing maintenance or repairs to the licensed premises.
ADULT ESTABLISHMENT LICENSE
A license issued for an adult entertainment establishment pursuant to the provisions of this chapter.
ADULT ESTABLISHMENT PATRON
Any individual, other than an adult establishment employee, present in or at any adult entertainment establishment at any time when such adult entertainment establishment is open for business; provided, however, that this definition shall not include persons delivering goods, materials (other than adult materials), food and beverages, or performing maintenance or repairs to the licensed premises.
ADULT MATERIAL
Any of the following, whether new or used:
A. 
Books, magazines, periodicals, or other printed matter, or digitally stored materials; or
B. 
Films, motion pictures, video- or audiocassettes, slides, computer displays, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
C. 
Instruments, novelties, devices, or paraphernalia that are designed for use in connection with specified sexual activities or that depict or describe specified anatomical areas.
ADULT USE COMMISSION
The President and Board of Trustees of the Village, pursuant to § 90-2 of this chapter. The Village Administrator and Police Chief shall be ex officio, nonvoting members.
COMMERCIAL ESTABLISHMENT
Any place where admission, services, performances, or products are provided for or upon payment of any form of consideration.
DAYS
Calendar days, unless otherwise specifically set forth in this chapter.
EFFECTIVE DATE
The effective date of this chapter shall be deemed to be April 1, 2000.
LICENSED PREMISES
The place or location described in an adult establishment license where an adult entertainment establishment is authorized to operate. No sidewalks, streets, parking areas, public rights-of-way, or grounds adjacent to any such place or location shall be included within the licensed premises.
LICENSEE
Any person or entity that has been issued an adult establishment license pursuant to the provisions of this chapter.
NUDE OR STATE OF NUDITY
A state of dress or undress that exposes to view:
A. 
Less than completely and opaquely covered human genitals; pubic region; anus; or female breast below a point immediately above the top of the areola, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed; or
B. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.
REVIEWING DEPARTMENTS
The Village Administrator, the local Fire Department and/or the State Fire Marshal's Office, the Village Police Department, the Village Plan Commission and the Building Inspector.
SEMINUDE
A state of dress or undress in which clothing covers no more than the human genitals, pubic region, anus, and areola of the female breast, as well as portions of the body covered by supporting straps or devices or by other minor accessory apparel such as hats, gloves, and socks.
SPECIFIED ANATOMICAL AREAS
Any of the following:
A. 
Less than completely and opaquely covered human genitals; pubic region; buttocks; anus; or female breast below a point immediately above the top of the areola, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed.
B. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.
SPECIFIED CRIMINAL ACT
Any unlawful lewd, indecent, or immoral conduct, including specifically, but without limitation, any of the lewd, indecent, or immoral criminal acts specified in any of the following statutes:
A. 
Article 11 of the Illinois Criminal Code[1] (sex offenses).
B. 
Section 26-4 of the Illinois Criminal Code, 720 ILCS 5/26-4 (unauthorized videotaping).
C. 
Section 33D-1 of the Illinois Criminal Code, 720 ILCS 5/12C-30 (contributing to the criminal delinquency of a juvenile).
D. 
720 ILCS 5/26.5-0.1 et seq., relating to harassing and obscene communications.
E. 
The Wrongs to Children Act, 720 ILCS 150/0.01 et seq.
F. 
The Improper Supervision of Children Act, 720 ILCS 640/0.01 et seq.
G. 
The Sale of Immoral Publications to Children Act, 720 ILCS 670/0.01 et seq.
H. 
The Cannabis Control Act, 720 ILCS 550/1 et seq.
I. 
The Illinois Controlled Substances Act, 720 ILCS 570/100 et seq.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
A. 
Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts.
B. 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy.
C. 
Masturbation, actual or simulated.
D. 
Human genitals in a state of sexual stimulation, arousal, or tumescence.
E. 
Excretory functions as part of or in connection with any of the activities set forth in Subsections A, B, C, or D of this definition.
STRADDLE DANCE
The use by any person, including specifically, but without limitation, an adult establishment employee, of any part of his or her body to touch the genitals, pubic region, buttock, anus, or female breast of any adult establishment patron or any other person; or the touching of the genitals, pubic region, buttock, anus, or female breast of any person by any adult establishment patron. Conduct shall be a "straddle dance" regardless of whether the "touch" or "touching" occurs while the person is displaying or exposing any specified anatomical area. Conduct shall also be a "straddle dance" regardless of whether the "touch" or "touching" is direct or through a medium. Conduct commonly referred to by the slang terms "lap dance," "table dance," and "face dance" shall be included within this definition of straddle dance.
VILLAGE ZONING ORDINANCE
That part of the Dwight Municipal Code known and referred to as the "Dwight Zoning Ordinance," as it may be amended from time to time.[2]
[1]
Editor's Note: See 720 ILCS 5.
[2]
Editor's Note: See Ch. 310, Zoning.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
The President of the Village is hereby designated as the head of the Adult Use Commission pursuant to the terms and conditions of this chapter. The Adult Use Commission shall have the following powers and duties:
A. 
To administer and rule upon the applications for, and the issuance, renewal, suspension, and revocation of, adult establishment licenses as set forth in this chapter.
B. 
To conduct or provide for such inspections of adult entertainment establishments as shall be necessary to determine and ensure compliance with the provisions of this chapter and other applicable provisions of law.
C. 
To periodically review the provisions of this chapter and the conduct and operation of adult entertainment establishments and adult establishment licensees and to make such related reports and recommendations to the Village Board of Trustees as the Adult Use Commission shall deem necessary.
D. 
To conduct such hearings, studies, and reports on adult entertainment establishments, and the regulations relating thereto, as the Adult Use Commission shall deem necessary, and to conduct such hearings on the revocation or suspension of an adult establishment license as required pursuant to § 90-15 of this chapter.
E. 
To take such further actions as the Adult Use Commission shall deem necessary to carry out the purposes and intent of this chapter and to exercise such additional powers in furtherance thereof as are implied or incident to those powers and duties expressly set forth in this chapter.
F. 
To delegate administrative/enforcement duties to the Village Administrator and/or Chief of Police.
A. 
Adult establishment license required. An adult establishment license shall be required to establish, operate, or maintain an adult entertainment establishment within the Village.
B. 
Operation without license prohibited. Except as provided in Subsection F of this section with regard to adult entertainment establishments existing prior to the effective date of this chapter, it shall be unlawful for any person not having a current and valid adult establishment license to establish, operate, or maintain an adult entertainment establishment within the Village at any time after the effective date of this chapter.
C. 
Operation in violation of license prohibited. It shall be unlawful for any licensee to establish, operate, or maintain an adult entertainment establishment within the Village except in the manner authorized by, and in compliance with, the provisions of this chapter and the licensee's adult establishment license.
D. 
Content and display of license. Every adult establishment license shall be provided by the Village and shall, at a minimum, prominently state on its face the name of the licensee, the expiration date, and the address of the adult entertainment establishment. Every licensee shall cause the licensee's adult establishment license to be framed, covered by glass, and hung at all times in plain view in a conspicuous place on the licensed premises so that it can be easily seen and read at any time by any person entering the licensed premises.
E. 
License term. Except as hereinafter provided, adult establishment licenses shall be operative and valid, unless first terminated, suspended, or revoked, for a term of one year commencing on January 1 of the year following the year of issuance and terminating on December 31 of that same year. Adult establishment licenses issued after January 1 of any year for operations to commence in that year shall be operative and valid, unless first terminated, suspended, or revoked, for a term commencing on the date of issuance and terminating on December 31 of that same year.
F. 
Existing establishments.
(1) 
Application generally. An adult entertainment establishment existing and operating on or prior to the effective date (existing establishment) may continue to exist and operate as of the effective date; provided, however, that the existing establishment:
(a) 
Shall submit an application for an adult establishment license not later than 60 days after the effective date;
(b) 
Shall cease operations not later than 240 days after the effective date (the "licensure date") unless it has secured an adult establishment license by the licensure date; and
(c) 
shall comply with, and continue at all times to comply with, the requirements of Subsection F(2).
(2) 
Required compliance on effective date. An existing establishment shall, as of the effective date, be subject to the provisions of §§ 90-7; 90-9A through C and E through J; 90-10A, B, F, and G; 90-11C through E; 90-12; and 90-13, and shall at all times continue in compliance with said provisions.
G. 
Renewal. An adult establishment license may be renewed only by making application as required for an initial license pursuant to § 90-4 of this chapter. Application for renewal shall be made at least 30 days before the expiration of the then-current license term. The expiration of the license shall not be affected or extended by a renewal application that is made less than 30 days before expiration.
A. 
Required form. An application for an adult establishment license, or the renewal thereof, shall be made in writing to the Adult Use Commission on a form prescribed by the Adult Use Commission and shall be signed by the applicant, if the applicant is an individual; by at least one of the persons entitled to share in the profits of the organization and having unlimited personal liability for the obligations of the organization and the right to bind all other such persons, if the applicant is a partnership (general or limited), joint venture, or any other type of organization where two or more persons share in the profits and liabilities of the organization; by a duly authorized agent if the applicant is a corporation; or by the trustee, if the applicant is a land trust. The application shall be verified by oath or affidavit as to all statements made on or in connection with the application and any attachments thereto. Each application shall specifically identify the applicant and the licensed premises for which an adult establishment license is sought. Each initial or renewal application shall be accompanied by four identical copies.
B. 
Administrative processing fee and security.
(1) 
Administrative processing fee. Every applicant for an adult establishment license or for the renewal of an existing adult establishment license shall pay an administrative processing fee in the amount of $500 by certified check to the Village at the time of filing such application. The administrative processing fee shall in all cases be nonrefundable and shall be deposited in the general corporate fund of the Village.
(2) 
Bond or other security. Each adult establishment license, and any renewals thereof, shall be conditioned on the acquisition and maintenance in good standing by the applicant and licensee of a surety bond or other similar security in favor of the Village in the amount of $2,500 to the Village. Before an adult establishment license may be issued, the applicant shall furnish such bond or security; and before an adult establishment license is renewed or reinstated following revocation or suspension, the licensee shall submit evidence that the bond or other security, in the amount required pursuant hereto, remains in full force and effect. The bond or other security, or part thereof, for an adult entertainment establishment shall be forfeited automatically pursuant to § 90-15B(4) in order to reimburse the Village for the Village's costs in association with the proceedings related to any suspension or revocation of the license.
C. 
Required information and documents.
(1) 
Each application shall include the following information and documents:
(a) 
Individuals. The applicant's legal name, all of the applicant's aliases, the applicants business address and social security number, written proof of the applicant's age, the citizenship and place of birth of the applicant and, if a naturalized citizen, the time and place of the applicant's naturalization.
(b) 
Corporations. The applicant corporation's complete name and official business address; the legal name, all aliases, and the ages, business addresses, and social security numbers of all of the directors, officers, and managers of the corporation and of every person owning or controlling more than 50% of the voting shares of the corporation; the corporation's date and place of incorporation and the objects for which it was formed; proof that the corporation is a corporation in good standing and authorized to conduct business in the State of Illinois; and the name of the registered corporate agent and the address of the registered office for service of process.
(c) 
Partnerships (general or limited), joint ventures, or any other type of organization where two or more persons share in the profits and liabilities of the organization: the applicant organization's complete name and official business address; the legal name, all aliases, and the ages, business addresses, and social security numbers of each partner (other than limited partners) or any other person entitled to share in the profits of the organization, whether or not any such person is also obligated to share in the liabilities of the organization.
(d) 
Land trusts. The applicant land trust's complete name; the legal name, all aliases, and the business address of the trustee of the land trust; the legal name, all aliases, and the ages, business addresses, and social security numbers of each beneficiary of the land trust and the specific interest of each such beneficiary in the land trust; and the interest, if any, that the land trust holds in the licensed premises.
(2) 
If a corporation or partnership is an interest holder that must be disclosed pursuant to § 90-4C(1)(b) or (c) above, then such interest holders shall disclose the information required in said subsections with respect to their interest holders.
(3) 
The general character and nature of the business of the applicant.
(4) 
The length of time that the applicant has been in the business of the character specified in response to Subsection C(3) above.
(5) 
The location, including street address and legal description, and telephone number of the premises for which the adult establishment license is sought.
(6) 
The specific name of the business that is to be operated under the adult establishment license.
(7) 
The identity of each fee-simple owner of the licensed premises.
(8) 
A diagram showing the internal and external configuration of the licensed premises, including all doors, windows, entrances, exits, the fixed structural internal features of the licensed premises; plus the interior rooms, walls, partitions, stages, performance areas, and restrooms. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; provided, however, that each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions to an accuracy of plus or minus six inches and sufficient to show clearly the various interior dimensions of all areas of the licensed premises and to demonstrate compliance with the provisions of this chapter. The requirements of this subsection shall not apply for renewal applications if the applicant adopts a diagram that was previously submitted for the license sought to be renewed and if the licensee certifies that the licensed premises has not been altered since the immediately preceding issuance of the license and that the previous diagram continues to accurately depict the exterior and interior layouts of the licensed premises. The approval or use of the diagram required pursuant to this subsection shall not be deemed to be, and shall not be interpreted or construed to constitute, any other Village approval otherwise required pursuant to applicable Village ordinances and regulations.
(9) 
The names of each governmental body from which, within five years immediately prior to the date of the present application, the applicant or any of the individuals identified in the application pursuant to Subsection C(1) or (2) has received a license or other authorization to conduct or operate a business:
(a) 
Substantially the same as an adult entertainment establishment, and the names and addresses of each such business;
(b) 
Requiring a federal, state, or local liquor license; or
(c) 
Requiring a federal, state, or local gaming license.
(10) 
The specific type or types of adult entertainment establishment(s) that the applicant proposes to operate in the licensed premises.
(11) 
A copy of each adult establishment license, liquor license, and gaming license currently held by the applicant, or any of the individuals identified in the application pursuant to Subsection C(1) or (2).
(12) 
Whether the applicant, or any of the individuals identified in the application pursuant to Subsection C(1) or (2), has been, within five years immediately preceding the date of the application, convicted of, or pleaded nolo contendere to, any specified criminal act. As to each conviction, the applicant or other individual shall provide the conviction date, the case number, the nature of the misdemeanor or felony violation(s) or offense(s), and the name and location of the court.
(13) 
Whether the applicant, or any of the individuals identified in the application pursuant to Subsection C(1) or (2), has had a license or other authorization to conduct or operate a business substantially the same as an adult entertainment establishment or any business requiring either a liquor or gaming license revoked or suspended and, if so, the date and grounds for each such revocation or suspension and the name and location of the establishment at issue.
(14) 
The name of the individual or individuals who shall be the day-to-day, on-site managers of the proposed adult entertainment establishment. If the manager is other than the applicant, the applicant shall provide, for each manager, all of the information required pursuant to Subsection C(1)(a) and Subsection C(9), (11), (12), and (13).
(15) 
For the individual or individuals executing the application pursuant to § 90-4A of this chapter, and the individual or individuals identified pursuant to § 90-4C(14) of this chapter, a fully executed waiver on a form prescribed by the Village to obtain criminal conviction information pursuant to the Illinois Uniform Conviction Information Act.[1]
[1]
Editor's Note: See 20 ILCS 2635/1 et seq.
D. 
Incomplete applications returned. Any application for an adult establishment license that does not include all of the information and documents required pursuant to Subsection C of this section as well as the administrative processing fee and bond or other security required pursuant to Subsection B of this section shall be deemed to be incomplete and shall not be acted on or processed by the Village. The Adult Use Commission shall, within five days of such submittal, return the incomplete application to the applicant along with a written explanation of the reasons why the application is incomplete.
A. 
Reviewing departments. Within three days of receipt of a complete application for an adult establishment license that includes all of the information and documents required pursuant to § 90-4C of this chapter, as well as the administrative processing fee and bond or other security required pursuant to § 90-4B of this chapter, the Adult Use Commission shall transmit a copy of the application to the reviewing departments as defined under § 90-1.
B. 
Reviewing department reports. Each of the reviewing departments shall, within 25 days of transmittal of the application thereto or within such other period of time as the Village and the applicant may otherwise agree:
(1) 
Review the application;
(2) 
Conduct such inspections of the proposed licensed premises and background investigations of the applicant and any of the individuals identified in the application, pursuant to § 90-4C(1), (2), or (14) of this chapter regarding matters within their respective jurisdictions, as shall be reasonably necessary to verify the information set forth in the application and to determine whether the proposed adult entertainment establishment and licensed premises comply with the requirements of this chapter and other applicable laws, codes, ordinances, rules, and regulations; and
(3) 
Prepare and submit to the Adult Use Commission a written report regarding the results and findings of such reviews, inspections, and investigations.
C. 
Adult Use Commission review. The Adult Use Commission shall also conduct such inspections and investigations as the Adult Use Commission shall deem reasonably necessary to verify the information set forth in the application and to determine whether the proposed adult entertainment establishment and licensed premises comply with the requirements of this chapter and other applicable laws, codes, ordinances, rules, and regulations.
D. 
Reliance on diagram. In the event that the licensed premises has not yet been constructed or reconstructed to accommodate the proposed adult entertainment establishment, the Adult Use Commission and the reviewing departments shall base their respective written reports, investigations, and inspections, to the extent necessary, on the diagram submitted pursuant to § 90-4C(8) of this chapter. Any adult establishment license issued prior to the construction or reconstruction necessary to accommodate the proposed adult entertainment establishment shall contain a condition that the adult entertainment establishment shall not open for business until the licensed premises has been inspected and determined to be in substantial compliance with the diagram submitted with the application.
E. 
Applicant cooperation required. An applicant for an adult establishment license shall cooperate fully in the inspections and investigations conducted by the Adult Use Commission and the reviewing departments. The applicant's failure or refusal to give any information reasonably relevant to the investigation of the application, to allow the licensed premises to be inspected, to appear at any reasonable time and place for examination under oath regarding the application, or to otherwise cooperate with the investigation and inspection required by this chapter shall constitute an admission by the applicant that the applicant is ineligible for an adult establishment license and shall be grounds for denial of the license by the Adult Use Commission.
F. 
Time for issuance or denial. The Adult Use Commission shall, within 30 days of submittal of a properly completed application, or within such other period of time as the Village and the applicant shall otherwise agree, either issue an adult establishment license pursuant to the provisions of § 90-6A of this chapter or deny issuance of the adult establishment license pursuant to the provisions of § 90-6B of this chapter. The Adult Use Commission shall issue or deny the license within said thirty-day period, or such other period of time as shall have been agreed to by the Village and the applicant, regardless of whether or not the Adult Use Commission has received all of the reviewing department reports.
G. 
Decision final. The action taken by the Adult Use Commission to issue or deny an adult establishment license pursuant, respectively, to § 90-6A or B of this chapter shall be final and shall be subject to judicial review.
A. 
Issuance. The Adult Use Commission shall issue an adult establishment license to an applicant if, but only if, the Adult Use Commission finds and determines all of the following, based on the reports, investigations, and inspections conducted by the Adult Use Commission and the reviewing departments and on any other credible information on which it is reasonable for the Adult Use Commission to rely:
(1) 
All information and documents required by § 90-4 of this chapter for issuance of an adult establishment license have been property provided and the material statements made in the application are true and correct.
(2) 
For adult stores and adult theaters, all persons identified in the application pursuant to § 90-4C(1), (2), or (14) of this chapter are at least 18 years of age and not under any legal disability. For adult cabarets, all persons identified in the application pursuant to § 90-4C(1), (2), or (14) of this chapter are at least 21 years of age and not under any legal disability.
(3) 
No person identified in the application pursuant to § 90-4C(1), (2), or (14) of this chapter has been convicted of, or pleaded nolo contendere to, any specified criminal Act within five years immediately preceding the date of the application.
(4) 
No person identified in the application pursuant to § 90-4C(1), (2), or (14) of this chapter has been convicted of, or pleaded nolo contendere to, any violation of a provision of this chapter within five years immediately preceding the date of the application.
(5) 
No person identified in the application pursuant to § 90-4C(1), (2), or (14) of this chapter is overdue on payment to the Village of taxes, fees, fines, or penalties assessed against, or imposed on, any such individual in connection to any adult entertainment establishment.
(6) 
No person identified in the application pursuant to § 90-4C(1), (2), or (14) of this chapter is residing with, or married to, a person:
(a) 
Who has been denied an adult establishment license within 12 months immediately preceding the date of the application;
(b) 
Whose adult establishment license has been revoked within 12 months immediately preceding the date of the application; or
(c) 
Whose adult establishment license is under suspension at the time of application.
(7) 
The adult entertainment establishment and the licensed premises, and the proposed operation of the adult entertainment establishment, comply with all then-applicable building, health, and life safety codes and regulations and have received all necessary zoning approvals required pursuant to the then-applicable provisions of the Village Zoning Ordinance.
(8) 
The applicant has confirmed, in writing and under oath, as part of the application that the applicant has read this chapter and all provisions of the Village Zoning Ordinance applicable to adult entertainment establishments, that the applicant is familiar with their terms and conditions, and that the licensed premises and the proposed adult entertainment establishment and its proposed operation are and shall be in compliance therewith.
B. 
Denial. If the Adult Use Commission determines that the applicant has not met any one or more of the conditions set forth in Subsection A of this section, then the Adult Use Commission shall deny issuance of the adult establishment license and shall give the applicant a written notification and explanation of such denial. The Adult Use Commission's notice of denial shall be delivered in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed to the applicant's address as set forth in the application. The adult establishment license shall be deemed denied on the day that the notice of denial is delivered in person or three days after it is placed in the U.S. mail as provided in this subsection.
C. 
License deemed to be issued. If the Adult Use Commission does not issue or deny the adult establishment license within 30 days after the properly completed application is submitted, then the adult establishment license applied for shall be deemed to have been denied.
A. 
Authority. The Adult Use Commission and other Village representatives and departments with jurisdiction shall periodically inspect all adult entertainment establishments as shall be necessary to determine compliance with the provisions of this chapter and all other applicable law.
B. 
Licensee cooperation. A licensee shall permit representatives of the Village to inspect the licensed premises and the adult entertainment establishment for the purpose of determining compliance with the provisions of this chapter and all other applicable law at any time during which the licensed premises is occupied or the adult entertainment establishment is open for business.
C. 
Interference or refusal illegal. It shall be unlawful for the licensee, any adult establishment employee, or any other person to prohibit, interfere with, or refuse to allow any lawful inspection conducted by the Village pursuant to this chapter or any other authority.
D. 
Suspension or revocation. Any such prohibition, interference, or refusal shall be grounds for suspension or revocation of the adult establishment license pursuant to § 90-15 of this chapter.
During the pendency of any application for, or during the term of, any adult establishment license, the applicant or licensee shall promptly notify the Adult Use Commission, in writing:
A. 
Of any change in any material information given by the applicant or licensee in the application for such license, including specifically, but without limitation, any change in managers of the adult entertainment establishment or in the individuals identified in the application pursuant to § 90-4C(1) or (2) of this chapter; or
B. 
If any of the events constituting grounds for suspension or revocation pursuant to § 90-15A of this chapter occur.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
A. 
General compliance. All licensed premises and adult entertainment establishments shall comply with the provisions of this chapter; all other applicable Village ordinances, resolutions, rules, and regulations; and all other applicable federal, state, and local laws.
B. 
Hours of operation.
(1) 
No adult entertainment establishment shall be open for business at any time on any State of Illinois or federal holiday.
(2) 
No adult entertainment establishment shall be open for business at any time after 1:00 a.m. on any Sunday.
(3) 
No adult entertainment establishment shall be open for business between the hours of 1:00 a.m. and 11:00 a.m. on any Monday through Saturday.
C. 
Animals. No animals, except only for dogs meeting the definition of "service animal" in 720 ILCS 5/48-8, shall be permitted at any time at or in any adult entertainment establishment or licensed premises.
D. 
Restrooms. All restrooms in adult entertainment establishments shall be equipped with standard toilets, sinks, and other traditional lavatory facilities. No adult materials or live performances shall be provided or allowed at any time in the rest rooms of an adult entertainment establishment. Separate male and female restrooms shall be provided for and used by adult establishment employees and adult establishment patrons.
E. 
Restricted access. No adult establishment patron shall be permitted at any time to enter into any of the nonpublic portions of any adult entertainment establishment, including specifically, but without limitation, any storage areas or dressing or other rooms provided for the benefit of adult establishment employees. This subsection shall not apply to persons delivering goods and materials, food and beverages, or performing maintenance or repairs to the licensed premises; provided, however, that any such persons shall remain in such nonpublic areas only for the purposes and to the extent and time necessary to perform their job duties.
F. 
Specific prohibited acts.
(1) 
No adult establishment patron or any other person at any adult entertainment establishment, other than an adult establishment employee employed to provide adult entertainment in accordance with the regulations in this chapter, shall appear, be present, or perform while nude or seminude.
(2) 
No adult establishment employee or any other person at any adult entertainment establishment shall perform or conduct any specified sexual activity with or for any adult establishment patron or any other adult establishment employee or any other person. No adult establishment patron or any other person at any adult entertainment establishment shall perform or conduct any specified sexual activity with or for any adult establishment employee or any other adult establishment patron or any other person.
(3) 
Straddle dances shall be prohibited at all adult entertainment establishments.
G. 
Exterior display. No adult entertainment establishment shall be maintained or operated in any manner that causes, creates, or allows public viewing of any adult material, or any entertainment depicting, describing, or relating to specified sexual activities or specified anatomical areas, from any sidewalk, public or private right-of-way, or any property other than the lot on which the licensed premises is located. No portion of the exterior of an adult entertainment establishment shall utilize or contain any flashing lights, searchlights, spotlights, or any other similar lighting systems or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent specifically allowed pursuant to Subsection H of this section with regard to signs. This subsection shall apply to any advertisement, display, promotional material, decoration, or sign; to any performance or show; and to any window, door, or other opening.
H. 
Signage limitations. All signs for adult entertainment establishments shall be flat wall signs. The maximum allowable sign area shall be one square foot of sign area per foot of lot frontage on a street, but in no event exceeding 32 square feet. The maximum number of signs shall be one per lot frontage. Signs otherwise permitted pursuant to this chapter shall contain only i) the name of the adult entertainment establishment and/or ii) the specific type of adult entertainment establishment conducted on the licensed premises. Temporary signage shall not be permitted in connection with any adult entertainment establishment. Signs must also comply with the sign regulations in Chapter 310, Zoning, Article XII.
I. 
Noise. No loudspeakers or sound equipment audible beyond the licensed premises shall be used at any time.
J. 
Gambling and related devices prohibited. No adult entertainment establishment shall contain any video, pinball, slot, bagatelle, pigeon-hole, pool, or any other games, machines, tables, or implements.
K. 
Manager's station. Each adult entertainment establishment shall have one or more manager's stations. The interior of each adult entertainment establishment shall be configured in such a manner that there is a direct and substantially unobstructed view from at least one manager's station to every part of each area, except restrooms, of the establishment to which any adult establishment patron is permitted access for any purpose.
L. 
Alcohol prohibition. No adult entertainment establishment shall be issued a liquor license nor shall any adult entertainment establishment allow any alcoholic liquor as defined in Chapter 170, Liquor Control, of the Code of the Village of Dwight to be sold, given, consumed and/or be present on the premises of an adult entertainment establishment.
A. 
Prohibited except in adult stores. Adult booths shall be prohibited in all adult entertainment establishments except adult stores.
B. 
Occupancy and prohibited acts. Only one individual shall occupy an adult booth at any one time. No individual occupying an adult booth shall engage in any specified sexual activities. No individual shall damage or deface any portion of an adult booth.
C. 
Open booth requirement. In addition to satisfying the manager station requirements of § 90‑9K of this chapter, all adult stores containing adult booths shall be physically arranged in such a manner that the entire interior portion of each adult booth shall be visible from the common area of the adult store. To satisfy this requirement, there shall be a permanently open and unobstructed entranceway for each adult (partition, drapes, or any other obstruction whatsoever that would be capable of wholly or partially obscuring the area of the adult store) booth and for the entranceway from the area of the adult store that provides other adult materials to the area of the adult store containing the adult booths. Each of these entranceways shall not be capable of being closed or obstructed, entirely or partially, by any door, curtain, partition, drapes, or any other obstruction whatsoever that would be capable of wholly or partially obscuring the area of the adult store containing the adult booths or any person situated in an adult booth. It shall be unlawful to install adult booths within an adult entertainment establishment for the purpose of providing secluded viewing of adult materials or live performances.
D. 
Aisle required. There shall be one continuous, lighted main aisle along side the adult booths provided in any adult store. Each person situated in a booth shall be visible at all times from the aisle.
E. 
Holes prohibited. Except for the open booth entranceway, the walls and partitions of each adult booth shall be constructed and maintained of solid walls or partitions without any holes or openings whatsoever.
F. 
Signage. A sign shall be posted in a conspicuous place at or near the entranceway to each adult booth that states:
(1) 
That only one person is allowed in an adult booth at any one time;
(2) 
That it is unlawful to engage in any specified sexual activities while in an adult booth; and
(3) 
That it is unlawful to damage or deface any portion of an adult booth.
G. 
Age limitations.
(1) 
No adult establishment employee or adult establishment patron at an adult booth or a licensed premises that includes an adult booth shall be under the age of 18.
(2) 
No person under the age of 18 shall be admitted to any adult booth or any licensed premises that includes an adult booth.
(3) 
No person under the age of 18 shall be allowed or permitted to remain at any adult booth or at any licensed premises that includes an adult booth.
(4) 
No person under the age of 18 shall be allowed or permitted to purchase or receive, whether for consideration or not, any adult material or other goods or services at or from any adult booth or any licensed premises that includes an adult booth.
A. 
Performance area. The performance area of an adult cabaret shall be limited to one or more stages or platforms permanently anchored to the floor (a "cabaret stage"). Each cabaret stage shall be elevated above the level of, and separate from the patron seating areas. Each cabaret stage shall be separated by a distance of at least 18 inches from all areas of the premises to which adult entertainment patrons have access. A continuous barrier at least two feet in height and located at least 18 inches from all points of each cabaret stage shall separate each cabaret stage from all patron seating areas. No adult patron shall be allowed at any time on any cabaret stage.
B. 
Lighting. Sufficient lighting shall be provided and equally distributed throughout the public areas of the adult cabaret so that all objects are plainly visible at all times. A minimum lighting level of not less than 30 lux horizontal, measured at 30 inches from the floor and on ten-foot centers, shall be maintained at all times for all areas of the adult cabaret where adult establishment patrons are admitted.
C. 
Tipping. No adult establishment patron shall offer, and no adult establishment employee having performed on any cabaret stage shall accept, any form of payment or gratuity offered directly or personally to the employee by the adult establishment patron. Rather, all tips and gratuities to adult establishment employees performing on any cabaret stage shall be placed into a receptacle provided for receipt of such tips and gratuities by the adult entertainment establishment or shall be placed by the adult establishment patron on the cabaret stage on which the adult establishment employee is performing.
D. 
Notice of select rules. A sign at least two feet by two feet, with letters at least one inch high, shall be conspicuously displayed on or adjacent to every cabaret stage, stating the following:
THIS ADULT CABARET IS REGULATED BY THE VILLAGE OF DWIGHT.
ENTERTAINERS ARE:
A.
NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT.
B.
NOT PERMITTED TO ACCEPT ANY TIPS DIRECTLY OR PERSONALLY FROM PATRONS. ANY SUCH TIPS MUST BE PLACED INTO THE RECEPTACLE PROVIDED BY MANAGEMENT OR MUST BE PLACED DIRECTLY ON THE CABARET STAGE.
E. 
Age limitations.
(1) 
No adult establishment employee or adult establishment patron at an adult cabaret or a licensed premises used for an adult cabaret shall be under the age of 21.
(2) 
No person under the age of 21 shall be admitted to any adult cabaret or to any licensed premises used for an adult cabaret.
(3) 
No person under the age of 21 shall be allowed or permitted to remain at any adult cabaret or any licensed premises used for an adult cabaret.
(4) 
No person under the age of 21 shall be allowed or permitted to purchase or receive, whether for consideration or not, any adult material or other goods or services at or from any adult cabaret or any licensed premises used for an adult cabaret.
A. 
Windows and signs. Window areas for adult stores shall not be covered or obstructed in any way. No signs or other obstructions shall be placed in the windows.
B. 
Age limitations.
(1) 
No adult establishment employee or adult establishment patron at an adult store or a licensed premises used for an adult store shall be under the age of 18.
(2) 
No person under the age of 18 shall be admitted to any adult store or to any licensed premises used for an adult store.
(3) 
No person under the age of 18 shall be allowed or permitted to remain at any adult store or any licensed premises used for an adult store.
(4) 
No person under the age of 18 shall be allowed or permitted to purchase or receive, whether for consideration or not, any adult material or other goods or services at or from any adult store or any licensed premises used for an adult store.
A. 
Seating. Each adult theater shall provide seating only in individual chairs with arms or in seats separated from each other by immovable arms and not on couches, benches, or any other multiple person seating structures. The number of seats shall equal the maximum number of persons who may occupy the adult theater.
B. 
Aisle. Each adult theater shall have a continuous main aisle alongside the seating area in order that each person seated in the adult theater shall be visible from the aisle at all times.
C. 
Sign. Each adult theater shall have a sign posted in a conspicuous place at or near each entranceway to the auditorium or similar area that lists the maximum number of persons who may occupy the auditorium area, which number shall not exceed the number of seats in the auditorium area.
D. 
Age limitations.
(1) 
No adult establishment employee or adult establishment patron at an adult theater or a licensed premises used for an adult theater shall be under the age of 18.
(2) 
No person under the age of 18 shall be admitted to any adult theater or to any licensed premises used for an adult theater.
(3) 
No person under the age of 18 shall be allowed or permitted to remain at any adult theater or any licensed premises used for an adult theater.
(4) 
No person under the age of 18 shall be allowed or permitted to purchase or receive, whether for consideration or not, any adult material or other goods or services at or from any adult theater or any licensed premises used for an adult theater.
Every act or omission by an adult establishment employee constituting a violation of the provisions of this chapter shall be deemed to be the act or omission of the licensee if such act or omission occurs either with the authorization, knowledge, or approval of the licensee, or as a result of the licensee's negligent failure to supervise the adult establishment employee. The licensee shall be punishable for any such act or omission in the same manner as if the licensee committed the act or caused the omission. Accordingly, any such act or omission of any such employee constituting a violation of the provisions of this chapter shall be deemed, for purposes of determining whether the licensee's adult establishment license shall be revoked, suspended, or renewed, to be the act or omission of the licensee.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
A. 
Grounds. Pursuant to the procedures set forth in Subsection B of this section, the Adult Use Commission may suspend for not more than 30 days, or revoke, any adult establishment license if the Adult Use Commission, based on credible and reasonably reliable information and evidence, determines that any one or more of the following has occurred:
(1) 
The licensee has violated any of the provisions or requirements of this chapter or the adult establishment license issued pursuant hereto or the provisions of the Village Zoning Ordinance applicable to the licensed premises or the adult entertainment establishment.
(2) 
The licensee:
(a) 
Knowingly or negligently furnished false or misleading information or withheld information on any application or other document submitted to the Village for the issuance or renewal of any adult establishment license; or
(b) 
Knowingly or negligently caused or suffered any other person to furnish or withhold any such information on the licensee's behalf.
(3) 
The licensee has committed a felony or specified criminal act on the licensed premises.
(4) 
The licensee authorizes, approves, or, as a result of the licensee's negligent failure to supervise the licensed premises or the adult entertainment establishment, allows an adult establishment employee, an adult establishment patron, or any other person to:
(a) 
Violate any of the provisions or requirements of this chapter or of the provisions or requirements of the adult establishment license issued pursuant hereto; or
(b) 
Commit any felony or specified criminal act on the licensed premises.
(5) 
The licensee, or any person identified pursuant to § 90-4C(1), (2) or (14) of this chapter becomes disqualified for the issuance of an adult establishment license at any time during the term of the license at issue.
B. 
Procedure. An adult entertainment establishment license may be suspended for not more than 30 days or revoked pursuant to the terms and conditions set forth in this Subsection B.
(1) 
Notice. Upon determining that one or more of the grounds for suspension or revocation under Subsection A of this section may exist, the Adult Use Commission shall serve a written notice on the licensee in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed to the licensee's address as set forth in the licensee's application. The written notice shall, at a minimum, (i) state that Adult Use Commission has determined that the adult establishment license may be subject to suspension or revocation pursuant to § 90-15A of this chapter; (ii) identify the specific grounds for the Adult Use Commission's determination; and (iii) set a date for a hearing regarding the Adult Use Commission's determination as to the possibility of suspension or revocation of the adult establishment license. The date of the hearing shall be no less than five days after service of the Adult Use Commission's notice, unless an earlier or later date is agreed to by the licensee and the Adult Use Commission.
(2) 
Hearing. The hearing shall be conducted by the Adult Use Commission. At the hearing, the licensee may present and submit evidence and witnesses to refute the grounds cited by the Adult Use Commission for suspending or revoking the license and the Village and any other persons may submit evidence to sustain such grounds. The administrative record compiled on the adult entertainment establishment pursuant to § 90-16 of this chapter shall be made part of the hearing record. Within three days of the close of the hearing, the Adult Use Commission shall, having considered the record made at the hearing, render a decision in writing, setting forth the reasons for the decision. The action taken by the Adult Use Commission shall be final and shall be subject to judicial review.
(3) 
Notice and effective date of suspension or revocation. The Adult Use Commission's written decision shall be posted at the office of the Dwight Village Clerk and shall be served on the licensee in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed to the licensee's address as set forth in the licensee's application. Any suspension or revocation, as the case may be, shall take effect on the day that the Adult Use Commission's written decision is delivered in person or three days after it is placed in the U.S. mail as provided in this subsection.
(4) 
Surrender of license and security. Upon the suspension or revocation of an adult establishment license pursuant to this chapter, (i) the Adult Use Commission shall take custody of the suspended or revoked license, and (ii) such part or all of the bond or other security submitted for the adult entertainment establishment pursuant to § 90-4B(2) of this chapter shall be forfeited as the Adult Use Commission shall deem necessary to reimburse the Village for the costs associated with the proceedings related to the suspension or revocation at issue. Such bond or other security shall be replenished to equal the amount required pursuant to § 90-4B(2) of this chapter prior to the issuance of any new adult establishment license for the licensed premises or for the reinstatement of any suspended license.
The Adult Use Commission shall cause to be kept in the office of the Dwight Village Clerk an accurate record of every adult establishment license application received and acted on, together with all relevant information and material pertaining to such application, any adult establishment license issued pursuant thereto, and any adult entertainment establishment operated pursuant to such adult establishment license.
A. 
The licensee of every adult entertainment establishment shall maintain a register of all of its adult establishment employees. For each such employee, the register shall include the following information:
(1) 
Legal name.
(2) 
Any and all aliases.
(3) 
Date of birth.
(4) 
Gender.
(5) 
Social security number.
(6) 
Date of commencement of employment.
(7) 
Date of employment termination, if applicable.
(8) 
Specific job or employment duties.
B. 
The register shall be maintained for all current employees and all employees employed at any time during the preceding 36 months. The licensee shall make the register of its adult establishment employees available for inspection by the Village immediately upon demand at all reasonable times.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
Any person who violates, neglects, refuses to comply with, or assists or participates in any way in the violation of any of the provisions or requirements of this chapter or of any of the provisions or requirements of every adult establishment license shall be subject to the penalty prescribed in § 1-12 of this Code. Each day such violation continues shall constitute a separate offense. The Adult Use Commission shall give written notice to any such person of any such violation and the fine imposed by serving a citation in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed to the licensee's address as set forth in the licensee's application.
Any adult entertainment establishment established, operated, or maintained in violation of any of the provisions or requirements of this chapter or of any adult establishment license shall be, and the same is, declared to be unlawful and a public nuisance. The licensee shall have 48 hours after being served notice that such adult entertainment establishment was established, operated, and/or maintained in violation of any such provision and/or requirement of this chapter or of any adult entertainment establishment license to abate such nuisance. The Village may, in addition to or in lieu of any other remedies set forth in this chapter, commence an action to enjoin, remove, or abate such nuisance in the manner provided by law and shall take such other steps and apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such public nuisance, and restrain and enjoin any person from establishing, operating, or maintaining an adult entertainment establishment contrary to the provisions of this chapter.
Unless otherwise specifically set forth in this chapter, the time within which any act required by this chapter is to be done shall be computed by excluding the first day and including the last day, unless the last day is Saturday, Sunday or a federal or State of Illinois holiday, in which case it shall also be excluded. If the day immediately following such Saturday, Sunday, or holiday is also a Saturday, Sunday, or holiday, then such succeeding day shall also be excluded.
In the event that any provision of this chapter, or any part thereof, or any application thereof to any person or circumstance, is for any reason held to be unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its face or as applied, such holding shall not affect the validity or effectiveness of any of the remaining provisions of this chapter, or any part thereof, or any application thereof to any person or circumstance or of said provision as applied to any other person or circumstance. It is hereby declared to be the legislative intent of the Village that this chapter would have been adopted had such unconstitutional, invalid, or ineffective provisions not been included herein.