The purpose of this chapter is to regulate adult uses to protect the community from the many types of criminal activity frequently associated with such uses. The village recognizes that such regulation cannot, in effect, prohibit such uses. This chapter has balanced the competing interest of the community in reducing criminal activity and protecting property values versus the protected rights of the owners, operators, employees and patrons of adult uses. (Ord. 00-12-20, 12-4-2000)
ADULT BOOKSTORE: An establishment having as a substantial or significant portion of its sales or stock in trade, or for viewing on the premises by use of motion picture devices or by coin operated means, any books, magazines, films and periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical area"; or an establishment which 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 its 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.
ADULT ENTERTAINMENT CABARET: 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 of "specified sexual activities".
ADULT MOTION PICTURE THEATER: 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.
ADULT NOVELTY STORE: An establishment having a 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 "specified 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's primary purpose is to purvey such material.
ADULT USE: Adult bookstores, adult motion picture theaters, adult entertainment cabarets and other similar uses.
EMPLOYEE: Employees, independent contractors or any other persons who are retained by the licensee or subject to dismissal from working at the licensed premises.
SPECIFIED ANATOMICAL AREAS: A. Less than completely and opaquely covered: 1) human genitals; 2) pubic region; 3) buttock; 4) female breasts below a point immediately above the top of the areola; and
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
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 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; 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 (2) 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 (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 3) 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 occurring within any twenty four (24) month period;
C. The fact that a conviction is being appealed shall have no affect on the disqualification of the applicant.
SPECIFIED SEXUAL ACTIVITIES: A. Human genitals in the state of sexual stimulation or arousal;
B. Acts of human masturbation, sexual intercourse or sodomy; and
C. Fondling or other erotic touching of human genitals, pubic region, buttock or female breasts. (Ord. 00-12-20, 12-4-2000)
It shall be unlawful for any person to operate an adult use without a valid adult use business license issued by the village pursuant to this chapter.
A. Applications For License: An application for a license shall be made on a form provided by the village.
1. All applicants must be qualified according to the provisions of this chapter. The application may request and the applicant shall provide such information as is needed to enable the village to determine whether the applicant meets the qualifications established in this chapter.
2. If a person who wishes to operate an adult use is an individual, that person must sign the application for a license as applicant. If a person who wishes to operate an adult use is other than 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 section 4-9-4 of this chapter, and each applicant shall be considered a licensee if the license is granted.
B. Contents Of Application: The completed application for an adult use business license shall contain the following information:
1. If the applicant is an individual, the individual shall submit proof that he 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;
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.
C. Additional Application Requirements:
1. If the applicant intends to operate the adult use business under a name other than that of the applicant, he must state: a) the business' assumed name; and b) any required registration documents.
2. If the applicant has been convicted of any specified criminal activity, as defined in section 4-9-2 of this chapter, he must specify the criminal activity involved and the date, place and jurisdiction of such.
3. The applicant must state if a previous license under this chapter or similar ordinance from another city or county was denied, suspended or revoked. He must include the name and location of the business as well as the date of the denial, suspension or revocation.
4. It must be stated whether the applicant holds any other license under this chapter or other similar ordinance from another city or county and, if so, the names and locations of such other licensed businesses.
5. The applicant must submit 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. (Ord. 00-12-20, 12-4-2000)
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