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(A) The following regulations shall govern and control the business of operating an adult use in the village:
(1) No person under 21 years of age shall be allowed on the licensed premises.
(2) At all times during the hours of operation there shall be present a manager or other employee of the licensee who shall be not less than 21 years of age.
(3) Upon a change of any manager conducting business for the licensee, the licensee shall, within ten regular business days, give the Village Clerk written notice of such change by actual delivery or by registered or certified mail. The licensee shall, thereafter, as promptly as practicable, but in any event within five regular business days, provide the information concerning the new manager which is required in § 117.03.
(4) No adult use shall be located on premises for which a license to sell alcoholic liquor has been issued, and no alcoholic liquor shall be permitted on such premises.
(5) No adult use shall be permitted unless the premises on which such business is located complies with the requirements of the Zoning Code.
(6) No licensee or manager under the provisions of this chapter shall knowingly permit any person to remain in or upon licensed premises who commits any act of public indecency or obscenity as defined in the Illinois Compiled Statutes.
(7) No licensee or manager under the provisions of this chapter shall permit any act of prostitution, solicitation for prostitution or patronization of a prostitute on the licensed premises.
(8) No sign shall be posted on the licensed premises which depicts, displays or refers to specified anatomical areas or specified sexual activities, as defined in this chapter.
(B) In addition to the requirements established in division (A) of this section, the following regulations shall govern and control the operation of an adult bookstore which offers any films or videotapes for viewing on premises by use of motion picture devices or other such operations means:
(1) All viewing areas, which shall be defined as the area where a patron or customer would ordinarily be positioned while watching a film or viewing device, shall be visible from a continuous main aisle or public room and shall not be obscured by any curtain, door, wall or other enclosure.
(2) There shall be no aperture whatsoever in any wall or partition between viewing areas.
(3) Each viewing area shall be lighted at a minimum level of ten foot candles in all parts thereof.
(C) In addition to the requirements established in division (A) of this section, the following regulations shall govern and control the operation of an adult entertainment cabaret:
(1) All performers shall be at least 21 years of age.
(2) All performances, exhibitions or displays shall take place on a platform raised at least two feet from the level of the floor, and located at least ten feet from any patron.
(3) No performer shall fondle or caress any patron or other performer and no patron shall fondle or caress any performer.
(4) No patron shall be permitted to pay or give any gratuity to any performer, and no performer shall solicit any pay or gratuity from any patron.
(D) It shall be unlawful for any person licensed to engage in the business of operating an adult use within the village to fail to comply with the conditions and regulations set forth in this section and § 117.03 as they are applicable to the licensed business, or to suffer or permit noncompliance with such conditions and regulations on or within the licensed premises. In this regard, any act or omission of an employee shall be deemed the act or omission of the owner if such act or omission occurred either with the authorization, knowledge or approval of the owner or as a result of the owner's negligent failure to supervise the employee's conduct. All conduct occurring while on the premises shall be presumed to be the responsibility of the owner.
(Ord. 04-43, passed 12-20-2004) Penalty, see § 117.99