The purpose of this Article is to regulate adult uses to protect the community from the many types of criminal activity frequently associated with such uses. The County recognizes that such regulation cannot in effect prohibit such uses. This Article has balanced the competing interest of the community in reducing criminal activity and protecting property values versus the protected rights of the owners, operator, employees and patrons of adult uses.
Means an establishment having as a substantial or significant portion of its sales or stock in trade books, magazines, films for sale or for viewing on premises by use of motion picture devices or by coin-operated means, and periodicals which are distinguished or characterized by their emphasis on mater depicting, describing or relating to “specified sexual activities”, or “specified anatomical areas”, or an establishment with a segment or section devoted to the sale or display of such materials; or an establishment that holds itself out to the public as a purveyor of such materials based upon it signage, advertising, displays, actual sales, presence of video preview or coin-operated booths, exclusion of minors from the establishment’s premises or any other factors showing the establishment’s primary purpose is to purvey such material.
Means a public or private establishment which (a) features topless dancers, strippers, “go-go” dancers, male or female impersonators, lingerie or bathing suit fashion shows, (b) not infrequently features entertainers who display “specified anatomical areas”, or (c) features entertainers who by reason of their appearance or conduct perform in a manner which is designed primarily to appeal to the prurient interest of the patron or features entertainers who engage in, or are engaged in explicit simulation or, “specified sexual activities”.
Means a building or area used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.
Means an establishment having substantial or significant portion of its sales or stock in trade consisting of toys, devices, clothing “novelties”, lotions and other items distinguished or characterized by their emphasis on or use for “specialized sexual activities” or “specified anatomical areas” or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, exclusion of minors from the establishment’s premises or any other factors showing the establishment'’ primary purpose is to purvey such material.
Means adult bookstores, adult motion picture theaters, adult entertainment cabarets, and other similar uses.
Means employees, independent contractors or any other person who is retained by the licensee or subject to dismissal from working at the licensed premises.
For the purpose of this Section, means:
Means the offenses as specified in (A), (B) and (C) as follows:
Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a minor; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; or distribution of a controlled substance; all as is defined in the Illinois Criminal Code or any similar offenses to those described above under the criminal or penal code of other states or countries;
For which less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction which is the later date, if the conviction is of a misdemeanor offense; less than five (5) years have elapsed since the date of conviction or the date of release from confinement for conviction whichever is the later date, if the conviction is a felony offense; or less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement from the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurred within any twenty-four (24) month period;
The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
For the purpose of this Section means:
(A)
It shall be unlawful for any person to operate an adult use without a valid adult use business license issued by the County pursuant to this Article.
(B)
An application for a license shall be made on a form provided by the County.
(C)
All applicants must be qualified according to the provisions of this Article. The application may request and the applicant shall provide such information (including fingerprints) as is needed to enable the County to determine whether the applicant meets the qualifications established in this Article.
(D)
If a person who wishes to operate an adult use is an individual the person must sign the application for a license as applicant. If a person who wishes to operate an adult use is other than the individual, each individual who has a twenty percent (20%) or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under the following section and each applicant shall be considered a licensee if the license is granted.
(E)
The completed application for an adult use business license shall contain the following information:
(1)
If the applicant is an individual the individual shall state his/her legal name and any aliases and submit proof that he/she is eighteen (18) years of age;
(2)
If the applicant is a partnership, the partnership shall state its complete name and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any, shall be submitted with the application;
(3)
If the applicant is a corporation, the corporation shall state its complete name, the date of incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation, the names and capacity of all officers, directors and principal shareholders, and the name and address of the registered corporate agent.
(5)
Whether the applicant has been convicted of any specified criminal activity as defined in this Article, and if so, the specified criminal activity involved, the date, place and jurisdiction of each.
(6)
Whether the applicant has had a previous license under this Article or similar ordinances from another city or county denied, suspended or revoked, including the name and location of the business for which the permit was denied, suspended or revoked as well as the date of the denial, suspension or revocation. If the applicant has been a partner in a partnership or similar ordinance in another jurisdiction or an officer, director or principal stockholder of a corporation that is or was licensed under this Article and a license has previously been denied, suspended or revoked, include the name and location of the business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
(7)
Whether the applicant holds any other licenses under this Article or other similar ordinance from another city or county and if so the names and location of such other licensed businesses.
(8)
A sketch or diagram showing the configuration of the premises including a statement of total floor area occupied by the business. This sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises.
(A)
Within thirty (30) days after receipt of a completed adult use business license application, the County shall approve or deny the issuance of a license to an applicant. The County shall approve the issuance of a license unless it determines by a preponderance of the evidence any one (1) or more of the following exist:
(1)
The applicant is under eighteen (18) years of age.
(2)
The applicant is overdue in payment to the County of fees, fines or penalties assessed against or imposed upon him/her in relation to any business.
(3)
The applicant has failed to provide information reasonably necessary for the issuance of the license or has falsely answered a question or request for information on the application form.
(4)
The applicant has been denied a license by the County to operate an adult use business within the preceding twelve (12) months or whose license to operate an adult use business has been revoked within the preceding twelve (12) months.
(5)
The applicant has been convicted of a specified criminal activity defined in this Article.
(6)
The premises to be used for the adult use business has not been approved by the Fire Protection District and/or the Building Inspector or Fire Marshall as being in compliance with applicable laws and ordinances.
(7)
The license fee required by this Article has not been paid.
(8)
The applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this Article.
(9)
The applicant fails to allow and provide for free and unobstructed access to the premises and building or buildings located on the premises for which the Adult Use License is sought for County agents, officers and employees who are required to inspect the premises for compliance with the County’s codes and ordinances.
(B)
The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date and, the address of the adult use business. All licenses shall be posted in a conspicuous place at or near the entrance to the business so that they may be easily read at any time.
(C)
The Fire Protection District and Code Enforcement Officers shall complete their certification that the premises are in compliance or not in compliance with County codes within twenty (20) days of receipt of the application by the County.
(D)
No adult use business license shall be issued unless the premises at which the adult use will operate is in conformance with the restriction set forth in the Monroe County Zoning Code.
Every application for an adult use business license (whether a new license or for renewal of an existing license) shall be accompanied by a non-refundable application and investigation fee in the amount of Five Thousand Dollars ($5,000.00). The annual fee shall be Ten Thousand Dollars ($10,000.00).
(A)
An applicant or licensee shall permit representatives of the Sheriff Department, Fire Protection District, Zoning Department or other County designated department or agencies to inspect the premises of the adult use for the purpose of ensuring compliance with the law any time it is occupied or open for business.
(B)
A person who operates an adult use or his agent or employee violates this Article if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.
(A)
Each license shall expire on the first (1st) day of May after it was issued and may be renewed only by making application. Application for renewal shall be made at least thirty (30) days before the expiration date and when made less than thirty (30) days before the expiration date, the expiration of the license will not be affected.
(B)
If the County denies renewal of a license, the applicant shall not be issued a license for one (1) year from the date of denial. If, subsequent to denial, the County finds that the basis for denial of the license has been corrected or abated, the applicant may be granted a license.
The County may suspend a license for a period not to exceed thirty (30) days if, after a hearing, it determines that a licensee or an employee of a licensee:
(A)
Violated or is not in compliance with any section of this Article;
(B)
Refused to allow an inspection of the adult use business premises as authorized by this Article; or
(C)
Knowingly permitted gambling by any person on the adult use business premises.
If the licensee or an employee of the licensee has been found guilty in a court of law of a violation of this Article, no hearing is necessary prior to suspension of the license.
(A)
The County shall revoke a license if a cause of suspension occurs and the license has been suspended within the preceding twelve (12) months or if the licensee is convicted of any Specified Criminal Activity.
(B)
The County shall revoke a license if it determines, after a hearing, that:
(1)
A licensee gave false or misleading information in the material submitted during the application process;
(2)
A licensee has knowingly allowed possession, use or sale of alcohol or controlled substances on the premises;
(3)
A licensee has knowingly allowed prostitution on the premises;
(4)
A licensee has knowingly operated the adult use business during a period of time when the licensees license was suspended;
(5)
A licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sex act to occur in or on the licensed premises;
(6)
A licensee is delinquent in payment to the County or State for any taxes or fees past due; or
(7)
A licensee has knowingly or intentionally facilitated another in the commission of the offense of public indecency.
(C)
If the County revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued an adult use business license for one (1) year from the date the revocation became effective. If subsequent to revocation, the County finds that the factual basis for the revocation did not occur, the applicant may be granted a license.
(D)
After denial of an application, or denial of a renewal of an application, or suspension or a revocation of any license; the applicant or licensee may seek prompt judicial review of such action in any court of competent jurisdiction.
A licensee shall not transfer his/her license to another nor shall a licensee operate an adult use business under the authority of a license at any place other than the address on the license.
All adult uses shall file a verified report with the County showing licensee’s gross receipts and amounts paid to employees during the preceding calendar year. In addition, all adult uses shall maintain and retain for a period of two (2) years the names, addresses and ages of all persons employed, including independent contractors, by the licensee.
All dancing and other performances shall occur on a stage intended for that purpose which is raised at least two (2) feet from the level of the floor. No dancing or other performances shall occur closer than within ten (10) feet of any patron. In addition, no performer shall fondle, caress or otherwise touch any patron and no patron shall fondle, caress or otherwise touch any performer. No patron shall directly pay or give any gratuity to any performer and no performer shall solicit any pay or gratuity from any patron. Gratuities may be indirectly given to performers by placing the gratuity on the stage.
No booths, stalls or partitioned portions of a room or individual rooms used for the viewing of motion pictures or other forms of entertainment shall have doors, curtains or portal partition, but all such booths, stalls or partitioned portions of a room or individual room so used shall have at least one (1) side open to an adjacent public room so that the area inside is visible to person in the adjacent public room. All such described areas shall be lighted in such a manner that the persons in the areas used for viewing motion pictures or other forms of entertainment are visible from the adjacent public rooms, but such lighting shall not be of such intensity as to prevent the viewing of the motion pictures or other offered entertainment.
No adult use shall be open prior to 10:00 A.M. or after 12:00 A.M.