[HISTORY: Adopted by the City Council of the City of Crystal Lake 1-19-1993; amended in its entirety 11-4-2003 by Ord. No. 5711 (Art. IV, Ch. I, Section AA, of the 1993 Code). Subsequent amendments noted where applicable.]
Purpose. It is the purpose of this chapter to regulate sexually oriented businesses in order 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 material.
Findings. Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings, and on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 426 U.S. 50 (1976); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); City of Erie v. Pap's A.M., 120 S. Ct. 1382 (2000), and on studies in other communities including, but not limited to, Phoenix, Arizona; Tucson, Arizona; Garden Grove, California; Whittier, California; Adams County, Colorado; Manatee County, Florida; Indianapolis, Indiana, Minneapolis, Minnesota; Saint Paul, Minnesota; Las Vegas, Nevada; Ellicottville, New York; Islip, New York; New York, New York; Times Square, New York; New Hanover County, Minneapolis; Cleveland, Ohio; Oklahoma City, Oklahoma; Oklahoma City, Oklahoma II; Amarillo, Texas; Austin, Texas; Beaumont, Texas; Cleburne, Texas; Dallas, Texas; El Paso, Texas; Houston, Texas; Houston, Texas II; Newport News, Virginia; Bellevue, Washington; Des Moines, Washington; Seattle, Washington; St. Croix Co., and also on findings from the Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota), the City Council finds:
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 the owners of these establishments responsible for the activities that occur on their premises.
Certain employees of sexually oriented businesses defined in this chapter as adult theaters and cabarets engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments.
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.
Offering and providing such space encourages such activities, which creates unhealthy conditions.
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.
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.
Since 1981 and to the present, there have been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in the United States.
[Amended 2-20-2007 by Ord. No. 6161]
Since 1981 and to the present, there have been an increasing cumulative number of persons testing positive for the HIV antibody test in the United States.
The number of cases of early (less than one year) syphilis in the United States reported annually has risen.
[Amended 2-20-2007 by Ord. No. 6161]
The number of cases of gonorrhea in the United States reported annually remains at a high level.
[Amended 2-20-2007 by Ord. No. 6161]
The surgeon general of the United States in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components, and from an infected mother to her newborn.
According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.
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 the operators of the facilities to self-regulate those activities and maintain those facilities.
Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view adult-oriented films.
Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.
A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the sexually oriented businesses. Further, such a licensing procedure will place a heretofore nonexistent incentive on the 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.
Removal of doors on adult booths and requiring sufficient lighting on premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult theaters.
Requiring licensees of sexually oriented businesses to keep information regarding current employees and certain past employees will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments.
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.
It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of information regarding certain employees who may engage in the conduct which this chapter is designed to prevent or who are likely to be witnesses to such activity.
The fact that an applicant for an adult use license has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this chapter.
The barring of such individuals from the management of adult uses for a period of years serves as a deterrent to and prevents conduct which leads to the transmission of sexually transmitted diseases.
The studies conducted by the communities referenced above are relevant to the McHenry County community and particularly to the City of Crystal Lake. The City Council finds that the study conducted by the City of Cleburne, Texas is particularly relevant to the City of Crystal Lake and, therefore, instructive to the City Council in determining the adverse secondary effects of sexually oriented businesses.
The general welfare, health, morals and safety of the citizens of the City will be promoted by the enactment of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- ADULT USES
- Any one of or combination of the following uses: adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency, adult establishment, seminude model studio, sexual encounter center, sexually oriented business.
- ADULT ARCADE
- 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 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.
- ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE
- A commercial establishment which has a substantial or significant portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising, or maintains a substantial portion of its sales or display space for the sale or rental, for any form of consideration, of any one of the following:
- A. Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides or other visual representations which are characterized by their emphasis on the exhibition of display of specified sexual activities or specified anatomical areas.
- B. Instruments, devices or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.
- ADULT CABARET
- A club, nightclub, bar, restaurant or similar commercial establishment that regularly features:
- A. Persons or employees who appear in a state of nudity or seminudity; or
- B. Live performances by persons or employees that are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
- C. Films, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
- ADULT MOTEL
- A hotel, motel, or similar commercial establishment which offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the exhibition or display of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult-type of photographic reproduction and either:
- ADULT MOTION-PICTURE THEATER
- A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
- ADULT THEATER
- A theater, concert hall, auditorium or similar commercial establishment which regularly features persons or employees who appear, in person, in a state of nudity or seminudity, or live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities.
- DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON
- Refers to the dominant or principal theme of the object referenced. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon the exhibition or display of specified sexual activities or specified anatomical areas," the films so described are those whose dominant or principal character and theme are the exhibition or display of specified anatomical areas or specified sexual activities.
- EMPLOYEE, EMPLOY, AND EMPLOYMENT
- Any person who performs any service on the premises of a particular use, on a full-time, part-time, or contract basis, regardless of whether the person is denominated an employee, independent contractor, agent or other status. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods on the premises.
- ENFORCEMENT OFFICER
- Chief of Police of the City of Crystal Lake Police Department or such other person as may be designated by the Crystal Lake City Council.
- Any 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.
- ESCORT AGENCY
- Any 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.
- ESTABLISH or ESTABLISHMENT
- Includes any of the following:
- A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually oriented business.
- NUDITY or A STATE OF NUDITY
- The showing of the human male or female genitals, pubic area, vulva, anus, or anal cleft with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
- OPERATE or CAUSE TO BE OPERATED
- To cause to function or to put or keep in a state of doing business. "Operator" means any person on the premises of an adult use who is authorized to exercise operational control of the business or who causes to function or who puts or keeps the business in operation. A person may be found to be operating or causing to be operated a use regardless of whether that person is an owner, part owner, or licensee of the business.
- An individual, proprietorship, partnership, corporation, association, or other legal entity.
- SEMINUDE or IN A SEMINUDE CONDITION
- The showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. 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 that the areola is not exposed in whole or in part.
- SEMINUDE MODEL STUDIO
- Any place where a person appears seminude and is provided to be observed, sketched, drawn, painted, sculptured, or photographed by other persons who pay money or any form of consideration. "Nude model studio" shall not include a proprietary school licensed by the State of Illinois, or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure that:
- A. Has no sign visible from the exterior of the structure and no other advertising that indicates a nude or seminude person is available for viewing; and
- B. Where in order to participate in a class a student must enroll at least three days in advance of the class; and
- C. Where no more than one nude or seminude model is on the premises at any one time.
- SEXUAL ENCOUNTER CENTER
- A business or commercial establishment that has one of its principal business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of specified sexual activities. The definition of a sexual encounter establishment, adult use, or any sexually oriented business shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
- SEXUALLY ORIENTED BUSINESS
- An adult arcade, adult bookstore or adult video store, adult novelty store, adult motel, adult cabaret, adult motion-picture theater, adult theater, escort agency, nude model studio or sexual encounter center.
- SPECIFIED ANATOMICAL AREAS
- One of the following:
- SPECIFIED CRIMINAL ACTIVITY
- Any of the following offenses:
- A. 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; engaging in organized criminal activity relating to a sexually oriented business; sexual assault; molestation of a child; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries;
- B. For which:
- (1) Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
- (2) Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
- (3) Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period.
- C. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.
- SPECIFIED SEXUAL ACTIVITIES
- One of the following:
- SUBSTANTIAL ENLARGEMENT
- The increase in floor areas occupied by the adult use by more than 25% as the floor areas exist on the date this chapter takes affect.
- TRANSFER OF OWNERSHIP CONTROL
- Includes the following:
- A. The sale, lease, or sublease of the use;
- B. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means;
- C. The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the use, except for transfer by bequest or other operation of the law upon the death of the person possessing the ownership or control.
Sexually oriented businesses are classified as follows:
It is unlawful:
For any person to operate a sexually oriented business without a valid sexually oriented business license issued by the City pursuant to this chapter.
For any person who operates a sexually oriented business to employ a person to work for the sexually oriented business who is not licensed as a sexually oriented business employee by the City pursuant to this chapter.
For any person to obtain employment with a sexually oriented business without having secured a sexually oriented business employee license pursuant to this chapter.
An application for a license must be made on a form provided by the City. All applicants must be qualified according to the provisions of this chapter.
An applicant for a sexually oriented business license or a sexually oriented business employee license shall file with the Enforcement Officer or his/her designated representative a completed application made on a form prescribed and provided by the Chief of Police or his/her designated representative. An application shall be considered complete if it includes the information required in this section. The applicant shall be qualified according to the provisions of this chapter. The application shall be notarized. The application shall include the information called for in Subsection C(1) through (6) as follows:
[Amended 2-20-2007 by Ord. No. 6161]
The full true name and any other names used in the preceding five years.
Current business address, if applicable.
A set of fingerprints suitable for conducting necessary background checks pursuant to this chapter and the applicant's social security number to be used for the same purpose. If a person who wishes to operate a sexually oriented business is an individual, only the individual's fingerprints are required. In the case of other than an individual, such as a corporation, each officer, director, general partner or other person who will participate directly in decisions relating to management of the business shall provide a set of fingerprints.
If the application is for a sexually oriented business license, the name, business location, legal description, business mailing address and phone number of the proposed sexually oriented business.
Written proof of age, in the form of either a copy of a birth certificate and current photo, current driver's license with picture, or other picture identification document issued by a governmental agency.
The issuing jurisdiction and the effective dates of any license or permit held by the applicant relating to a sexually oriented business, whether any such license or permit has been denied, revoked or suspended and, if so, the reason or reasons therefor.
If the application is for a sexually oriented business license, the name and address of the statutory agent or other agent authorized to receive service of process.
The information provided pursuant to Subsection C(1)(a) through (g) shall be supplemented in writing by certified mail, return receipt requested, to the Enforcement Officer or his/her designated representative within 10 working days of a change of circumstances which would render the information originally submitted false or incomplete.
The application for a sexually oriented business license shall be accompanied by a sketch or 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 shall 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.
If a person who wishes to operate a sexually oriented business is an individual, he/she shall sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, such as a corporation, each officer, director, general partner or other person who will participate directly in decisions relating to management of the business shall sign the application for a license as applicant. Each applicant must be qualified under § 146-5, and each applicant shall be considered a licensee if a license is granted.
A person who possesses a valid business license is not exempt from the requirement of obtaining any required sexually oriented business license. A person who operates a sexually oriented business and possesses a business license shall comply with the requirements and provisions of this chapter, where applicable.
The information provided by an applicant in connection with the application for a license under this chapter shall be maintained by the Enforcement Officer or his/her designated representative on a confidential basis, and may be disclosed only to other governmental agencies in connection with a law enforcement or public safety function, or as may otherwise be required by law or court order.
Upon the filing of a completed application for a sexually oriented business license or a sexually oriented business employee license, the Enforcement Officer or his/her designated representative shall issue a temporary license to the applicant, which temporary license shall expire upon the final decision of the Enforcement Officer or his/her designated representative to deny or grant the license. Within 20 days after the receipt of a completed application, the Enforcement Officer or his/her designated representative shall either issue a license or issue a written notice of intent to deny a license to the applicant. The Enforcement Officer or his/her designated representative shall approve the issuance of a license unless one or more of the following is found to be true:
An applicant is less than 18 years of age.
An applicant is delinquent in the payment to the City of taxes, fees, fines, or penalties assessed against or imposed upon the applicant in relation to a sexually oriented business.
An applicant has failed to provide information as required by § 146-4 for issuance of the license.
An applicant; a business entity for which the applicant had, at the time of an offense leading to a criminal conviction described herein, a management responsibility or a controlling interest, has been convicted of a specified criminal activity as defined in this chapter. The fact that a conviction is being appealed shall have no effect.
The license application fee required by this chapter has not been paid.
An applicant has falsely answered a question or request for information on the application form.
The proposed sexually oriented business is located in a zoning district other than a district in which sexually oriented businesses are allowed to operate under Chapter 650, Zoning, or is not in compliance with the location restrictions established for sexually oriented businesses in the appropriate zoning district(s).
An applicant ineligible for a license due to Subsection A(4) of this section may qualify for a sexually oriented business license only when the time period required by the applicable subsection has elapsed.
The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to that applicant, the expiration date, and, if the license is for a sexually oriented business, the address of the sexually oriented business. A sexually oriented business employee license shall contain a photograph of the licensee. The sexually oriented business 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. A sexually oriented business employee shall keep the employee's license on his or her person or on the premises where the licensee is then working or performing and shall produce such license for inspection upon request by a law enforcement officer or other authorized City official.
The nonrefundable initial license fee and annual renewal fee for a sexually oriented business license or a sexually oriented business employee license shall be set by the City Council at an amount determined to be sufficient to pay the cost of administering this program, subject to Subsection B herein.
In no event shall the fees exceed $250 for the initial license and $125 for the renewal fee for a sexually oriented business license. In no event shall the fees exceed $100 for the initial license and $50 for the renewal fee for a sexually oriented business employee license.
An applicant, operator or licensee shall permit law enforcement officers, and any other federal, state, county or City agency in the performance of any function connected with the enforcement of this chapter, normally and regularly conducted by such agencies, to inspect those portions of the premises of a sexually oriented business where patrons or customers are permitted to occupy for the purpose of ensuring compliance with this chapter, at any time the business is occupied or open for business.
The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation.
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 146-4. Application for renewal shall be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the license will not be affected.
When the City denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the City finds that the basis for denial of the renewal license has been corrected or abated, the applicant shall be granted a license if at least 90 days have elapsed since the date denial became final.
The City shall issue a written intent to suspend a license for a period not to exceed 30 days if it determines that a licensee or an employee of a licensee has:
The Enforcement Officer or his/her designated representative shall issue a written statement of intent to revoke a sexually oriented business license if a cause of suspension in § 146-9 occurs, and the license has been suspended within the preceding 12 months.
The Enforcement Officer or his/her designated representative shall issue a written statement of intent to revoke a sexually oriented business license if the Officer determines that:
A licensee gave false or misleading information in the material submitted during the application process;
A licensee has knowingly allowed possession, use, or sale of controlled substances on the premises;
A licensee has knowingly allowed prostitution on the premises;
A licensee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;
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. This subsection will not apply to an adult motel, unless the licensee knowingly allowed sexual activities to occur either in exchange for money or in a public place or within public view.
The fact that a conviction is being appealed shall have no effect on the revocation of the license.
When, after the notice and hearing procedure described in § 146-11, the Enforcement Officer or his/her designated representative revokes a license, the revocation shall continue for one year, and the licensee shall not be issued a sexually oriented business license for one year from the date revocation becomes effective, provided that, if the conditions of § 146-11B are met, a provisional license will be granted pursuant to that section. If, subsequent to revocation, the Enforcement Officer or his/her designated representative finds that the basis for the revocation found in Subsections B(1) and (4) of this section has been corrected or abated, the applicant shall be granted a license if at least 90 days have elapsed since the date the revocation became effective.
If the Enforcement Officer or his/her designated representative determines that facts exist for denial, suspension, or revocation of a license under this chapter, the Enforcement Officer or his/her designated representative shall notify the applicant or licensee (respondent) in writing of the intent to deny, suspend or revoke the license, including the grounds therefor, by personal delivery, or by certified mail. The notification shall be directed to the most current business address on file with the Enforcement Officer or his/her designated representative. Within 10 working days of receipt of such notice, the respondent may provide to the City Manager in writing a response that shall include a statement of reasons why the license or permit should not be denied, suspended, or revoked. Within three days of the receipt of respondent's written response, the City Manager shall notify the respondent in writing of the hearing date on respondent's denial, suspension, or revocation proceeding.
Within 10 working days of the receipt of respondent's written response, the City Manager shall conduct a hearing at which the respondent shall have the opportunity to be represented by counsel and present evidence and witnesses on his or her behalf. If a response is not received by the City Manager in the time stated or, if after the hearing the City Manager finds that grounds as specified in this resolution exist for denial, suspension, or revocation, then such denial, suspension, or revocation shall become final five days after the City Manager sends, by certified mail, written notice that the license has been denied, suspended, or revoked. Such notice shall include a statement advising the applicant or licensee of the right to appeal such decision to a court of competent jurisdiction.
If the City Manager finds that no grounds exist for denial, suspension, or revocation of a license, then within five days after the hearing, the City Manager shall withdraw the intent to deny, suspend, or revoke the license and shall so notify the respondent in writing by certified mail of such action and shall contemporaneously therewith issue the license.
When a decision to deny, suspend or revoke a license becomes final, the applicant or licensee (aggrieved party) whose application for a license has been denied or whose license has been suspended or revoked shall have the right to appeal such action to a court of competent jurisdiction. Upon the filing of any court action to appeal, challenge, restrain or otherwise enjoin the City's enforcement of the denial, suspension, or revocation, the City shall immediately issue the aggrieved party a provisional license. The provisional license shall allow the aggrieved party to continue operation of the sexually oriented business or to continue employment as a sexually oriented business employee and will expire upon the court's entry of a judgment on the aggrieved party's action to appeal, challenge, restrain or otherwise enjoin the City's enforcement.
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.
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, video cassette, live entertainment, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
Upon application for a sexually oriented 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 permit 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 City 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 it was prepared.
The application shall be sworn to be true and correct by the applicant.
No alteration in the configuration or location of a manager's station may be made without the prior approval of the City.
It is the duty of the licensee of the premises to ensure that at least one licensed employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding rest rooms. Rest rooms 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 each 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.
It shall be the duty of the licensee to ensure that the view area specified in Subsection A(5) remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection A(1) of this section.
No viewing room may be occupied by more than one person at any time.
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 footcandles as measured at the floor level.
It shall be the duty of the licensee to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
No licensee shall allow openings of any kind to exist between viewing rooms or booths.
No person shall make or attempt to make an opening of any kind between viewing booths or rooms.
The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.
The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
The licensee 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.
All premises used by licensees under this chapter shall be periodically inspected by the Director of Community Development or his/her authorized representatives to ensure compliance with Subsection A(1) and (2) of this section and the following:
[Amended 6-3-2014 by Ord. No. 7036]
The safety of the structure and adequacy of plumbing, ventilation, heating, illumination and fire protection;
The walls shall be clean and painted with washable, mold-resistant paint;
All equipment used in the adult business operation shall be maintained in a clean and sanitary condition;
No performance shall be carried on within any cubicle, room, booth, or any area within an adult business which is fitted with a door capable of being locked.
It shall be a misdemeanor for a person who knowingly and intentionally, in a sexually oriented business, appears in a state of nudity or engages in specified sexual activities.
It shall be a misdemeanor for a person who knowingly or intentionally in a sexually oriented business appears in a seminude condition unless the person is an employee who, while seminude, shall be at least six feet from any patron or customer and on a stage at least two feet from the floor.
It shall be a misdemeanor for an employee, while seminude in a sexually oriented business, to receive directly any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity directly to any employee, while said employee is seminude in a sexually oriented business.
It shall be a misdemeanor for an employee, while seminude, to knowingly and intentionally touch a customer or the clothing of a customer.
A person commits a misdemeanor if the person knowingly allows a person under the age of 18 years on the premises of a sexually oriented business.
No sexually oriented business, except for an adult motel, may remain open at any time between the hours of 1:00 a.m. and 8:00 a.m. on weekdays and Saturdays, and 1:00 a.m. and 12:00 noon on Sundays.
It is a defense to prosecution under § 146-17 that a person appearing in a state of nudity did so in a modeling class operated:
By a proprietary school, licensed by the State of Illinois; a college, junior college, or university supported entirely or partly by taxation;
By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
In a structure:
Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
Where, in order to participate in a class a student must enroll at least three days in advance of the class; and
Where no more than one nude model is on the premises at any one time.
[Amended 3-3-2009 by Ord. No. 6448]
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of § 146-12 of this chapter shall be subject to a fine as set forth in Chapter 248, Fines, and a separate offense shall be deemed committed on each day on which a violation occurs or continues.