[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.]
A.
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.
B.
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:
(1)
Sexually oriented businesses lend themselves to ancillary
unlawful and unhealthy activities that are presently uncontrolled
by the operators of the establishments. Further, there is presently
no mechanism to make the owners of these establishments responsible
for the activities that occur on their premises.
(2)
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.
(3)
Sexual acts, including masturbation, and oral and
anal sex, occur at sexually oriented businesses, especially those
which provide private or semiprivate booths or cubicles for viewing
films, videos, or live sex shows.
(4)
Offering and providing such space encourages such
activities, which creates unhealthy conditions.
(5)
Persons frequent certain adult theaters, adult arcades,
and other sexually oriented businesses for the purpose of engaging
in sex within the premises of such sexually oriented businesses.
(6)
At least 50 communicable diseases may be spread by
activities occurring in sexually oriented businesses, including, but
not limited to, syphilis, gonorrhea, human immunodeficiency virus
infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis,
salmonella infections and shigella infections.
(7)
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]
(8)
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.
(9)
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]
(10)
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]
(11)
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.
(12)
According to the best scientific evidence, AIDS and
HIV infection, as well as syphilis and gonorrhea, are principally
transmitted by sexual acts.
(13)
Sanitary conditions in some sexually oriented businesses
are unhealthy, in part, because the activities conducted there are
unhealthy, and, in part, because of the unregulated nature of the
activities and the failure of the owners and the operators of the
facilities to self-regulate those activities and maintain those facilities.
(14)
Numerous studies and reports have determined that
semen is found in the areas of sexually oriented businesses where
persons view adult-oriented films.
(16)
Sexually oriented businesses have operational characteristics
which should be reasonably regulated in order to protect those substantial
governmental concerns.
(17)
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.
(18)
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.
(19)
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.
(20)
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.
(21)
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.
(22)
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.
(23)
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.
(24)
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.
(25)
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:
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.
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.
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:
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.
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.
A club, nightclub, bar, restaurant or similar commercial
establishment that regularly features:
Persons or employees who appear in a state of
nudity or seminudity; or
Live performances by persons or employees that
are characterized by the exposure of specified anatomical areas or
by specified sexual activities; or
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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
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 or seminude model
is on the premises at any one time.
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.
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.
One of the following:
Any of the following offenses:
Prostitution or promotion of prostitution; dissemination
of obscenity; sale, distribution or display of harmful material to
a minor; sexual performance by a child; possession or distribution
of child pornography; public lewdness; indecent exposure; indecency
with a child; 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;
For which:
Less than two years have elapsed since the date
of conviction or the date of release from confinement imposed for
the conviction, whichever is the later date, if the conviction is
of a misdemeanor offense;
Less than five years have elapsed since the
date of conviction or the date of release from confinement for the
conviction, whichever is the later date, if the conviction is of a
felony offense; or
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.
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.
One of the following:
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.
Includes the following:
The sale, lease, or sublease of the use;
The transfer of securities which constitute
a controlling interest in the business, whether by sale, exchange,
or similar means;
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:
A.
It is unlawful:
(1)
For any person to operate a sexually oriented business
without a valid sexually oriented business license issued by the City
pursuant to this chapter.
(2)
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.
(3)
For any person to obtain employment with a sexually
oriented business without having secured a sexually oriented business
employee license pursuant to this chapter.
B.
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.
C.
Application information.
(1)
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]
(a)
The full true name and any other names used
in the preceding five years.
(b)
Current business address, if applicable.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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.
(2)
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.
D.
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.
E.
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.
F.
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.
G.
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.
A.
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:
(1)
An applicant is less than 18 years of age.
(2)
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.
(3)
An applicant has failed to provide information as required by § 146-4 for issuance of the license.
(4)
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.
(5)
The license application fee required by this chapter
has not been paid.
(6)
An applicant has falsely answered a question or request
for information on the application form.
(7)
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).
B.
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.
C.
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.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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:
A.
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.
B.
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:
(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 controlled substances on the premises;
(3)
A licensee has knowingly allowed prostitution on the
premises;
(4)
A licensee knowingly operated the sexually oriented
business during a period of time when the licensee's license was suspended;
(5)
A licensee has knowingly allowed any act of sexual
intercourse, sodomy, oral copulation, masturbation, or other sex act
to occur in or on the licensed premises. 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.
C.
The fact that a conviction is being appealed shall
have no effect on the revocation of the license.
D.
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.
A.
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.
(1)
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.
(2)
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.
B.
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.
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:
(1)
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.
(2)
The application shall be sworn to be true and correct
by the applicant.
(3)
No alteration in the configuration or location of
a manager's station may be made without the prior approval of the
City.
(4)
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.
(5)
The interior of the premises shall be configured in
such a manner that there is an unobstructed view from a manager's
station of 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.
(6)
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.
(7)
No viewing room may be occupied by more than one person
at any time.
(8)
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.
(9)
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.
(10)
No licensee shall allow openings of any kind
to exist between viewing rooms or booths.
(11)
No person shall make or attempt to make an opening
of any kind between viewing booths or rooms.
(12)
The licensee shall, during each business day,
regularly inspect the walls between the viewing booths to determine
if any openings or holes exist.
(13)
The licensee shall cause all floor coverings
in viewing booths to be nonporous, easily cleanable surfaces, with
no rugs or carpeting.
(14)
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.
C.
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]
(1)
The safety of the structure and adequacy of plumbing,
ventilation, heating, illumination and fire protection;
(2)
The walls shall be clean and painted with washable,
mold-resistant paint;
(3)
All equipment used in the adult business operation
shall be maintained in a clean and sanitary condition;
(4)
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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:
(1)
By a proprietary school, licensed by the State of
Illinois; a college, junior college, or university supported entirely
or partly by taxation;
(2)
By a private college or university 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
(3)
In a structure:
(a)
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
(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 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.
