(A) Any person operating a sexually oriented business shall be required to obtain a valid sexually oriented business license issued by the village pursuant to this chapter. This requirement is in addition to the requirement of possessing a valid business license from the village, county, and/or state as required. For purposes of licensing of the establishment and its employees, the requirements of this section apply to any adult physical culture business in the same manner as a sexually oriented business.
(B) Employees of a sexually oriented business shall be required to obtain a license from the village as a sexually oriented business employee pursuant to this chapter prior to beginning employment.
(C) An application for a license must be made on a form provided by the village. All applicants must be qualified according to the provisions of this chapter.
(D) An applicant for a sexually oriented business license or a sexually oriented business employee license shall file with the Zoning Administrator a notarized, completed application made on a form prescribed and provided by the Village Clerk. An application shall be considered complete if it includes the following information:
(1) The applicant’s full true name and any other names used in the preceding five years;
(2) The current business address;
(3) Either a set of fingerprints suitable for conducting necessary background checks pursuant to this chapter, or the applicant’s Social Security number, to be used for the same purpose;
(4) 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;
(5) Written proof of age in the form of either a copy of a birth certificate and current photo, a current driver’s license with picture, or other picture identification document issued by a governmental agency;
(6) If applicable, the issuing jurisdiction and the effective dates of any license or permit held by the applicant relating to a sexually oriented business, and whether any such license or permit has been denied, revoked, or suspended, and if so, the reason or reasons therefor;
(7) 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; and
(8) 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 the person who wishes to operate a sexually oriented business is an individual, he or she shall sign the application for a license as applicant, if the person that wishes to operate a sexually oriented business is other than an individual (such as a corporation), each officer, director, general partner, shareholder, and/or other person who will participate directly in decisions relating to management of the business shall sign the application for a license as the applicant. Each applicant must be qualified under this chapter, and each applicant shall be considered as a licensee if a license is granted.
(F) Any change in circumstance related to the information provided pursuant to divisions (D)(1) through (D)(8) above, which would render the information originally submitted false or incomplete, shall be forwarded, in writing, by certified mail, return receipt requested, to the Zoning Administrator within ten working days of the change of circumstances.
(G) The information provided by an applicant in connection with the application for a license under this chapter shall be maintained by the Zoning Administrator 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 a court order.
(H) (1) Upon the filing of a completed application for a sexually oriented business license or a sexually oriented business employee license, the Zoning Administrator shall issue a temporary license to the applicant, which shall expire upon the final decision of the Zoning Administrator to deny or grant the license.
(2) Within 30 days after the receipt of a completed application, the Zoning Administrator shall either issue a license or issue a written notice of intent to deny a license to the applicant. The Zoning Administrator shall not approve the license if one or more of the following is found to be true:
(a) An applicant is less than 18 years of age;
(b) An applicant is delinquent in the payment to the village of taxes, fees, fines, or penalties assessed against, or imposed upon, the applicant in relation to a sexually oriented business;
(c) An applicant has failed to provide information, as required by division (D) above, for issuance of the license;
(d) An applicant has been convicted of a specified criminal activity. The fact that a conviction is being appealed shall have no effect under this division (H)(2)(d). For the purpose of this division (H)(2)(d), CONVICTION means a conviction or a guilty plea, and includes a conviction of any business entity for which the applicant had, at the time of the offense leading to the conviction for a specified criminal activity, a management responsibility or a controlling interest;
(e) The license application fee required by this chapter has not been paid;
(f) An applicant has falsely answered a question or request for information on the application form; and/or
(g) 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 the zoning ordinance, or has not received the required approval in accordance with this chapter.
(I) 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.
(1) 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.
(2) 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 Zoning Administrator, law enforcement officer, or other authorized village official.
(J) For the purpose of ensuring compliance with this chapter, an applicant, operator, or licensee shall permit Zoning Administrators and any other federal, state, county, or village agency in the performance of any function connected with the enforcement of this chapter, normally and regularly conducted by such agencies, to inspect, at any time the business is occupied or open for business, those portions of the premises of a sexually oriented business which patrons or customers are permitted to occupy.
(K) (1) Each sexually oriented business license, including licenses for employees, shall expire one year from the date of issuance and may be renewed only by making application as provided in this chapter. An 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.
(2) When the village denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to the denial, the village 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 that the denial became final.
(L) (1) The village shall issue a written intent to suspend a license for a period not to exceed 30 days if it determines that a licence or an employee of a licensee has:
(a) Violated or is not in compliance with any section of this chapter or applicable provision of the village zoning ordinance, or any other applicable village ordinances; or
(b) Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter.
(2) An applicant that is ineligible for a license due to a suspension may qualify for a sexually oriented business license only when the time period required as a result of the suspension has elapsed.
(M) (1) The Zoning Administrator shall issue a written statement of intent to revoke a sexually oriented business license if a cause of suspension in division (L) above occurs and the license has been suspended within the preceding 12 months. The Zoning Administrator shall issue a written statement of intent to revoke a sexually oriented business license if he or she determines any one of the following:
(a) A licensee gave false or misleading information in the material submitted during the application process;
(b) A licensee has knowingly allowed possession, use, or sale of controlled substances on the premises;
(c) A licensee has knowingly allowed prostitution on the premises;
(d) A licensee knowingly operated the sexually oriented business during a period of time when the licensee’s license was suspended; and/or
(e) A licensee has knowingly allowed any specified sexual activities to occur in or on the licensed premises.
(2) The fact that a conviction is being appealed shall have no effect on the revocation of the license.
(3) When, after the notice and hearing procedure described in division (N) below, the Zoning Administrator 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 this section are met, a provisional license will be granted. If, subsequent to revocation, the Zoning Administrator finds that the basis for the revocation 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.
(N) (1) If the Zoning Administrator determines that facts exist for denial, suspension, or revocation of a license under this chapter, the Zoning Administrator 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.
(2) The notification shall be directed to the most current business address on file with the Zoning Administrator.
(3) Within five working days of receipt of such notice, the respondent may provide to the Village Supervisor, 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 Village Supervisor shall notify respondent in writing of the hearing date on respondent’s denial, suspension, or revocation proceeding.
(4) Within ten working days of the receipt of respondent’s written response, the Village Board shall conduct a hearing at which respondent shall have the opportunity to be represented by counsel and present evidence and witnesses on his or her behalf.
(5) The Village Board shall issue a written opinion and decision within five business days of the hearing. If a response is not received by the Village Council in the time stated or, if after the hearing, the Village Council finds that grounds as specified in this chapter exist for denial, suspension, or revocation, then such denial, suspension, or revocation shall become final five days after the Village Supervisor sends, by certified mail, written notice that the license has been denied, suspended, or revoked.
(6) Such notice shall include a statement advising the applicant or licensee of the right to appeal such decision to a court of competent jurisdiction.
(7) If the Village Council finds that no grounds exist for denial, suspension, or revocation of a license, then, within five days after the hearing, the Village Supervisor 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 issue the license.
(8) 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.
(9) Upon the filing of any court action to appeal, challenge, restrain, or otherwise enjoin the village’s enforcement of the denial, suspension, or revocation, the Zoning Administrator 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, as the case may be, and will expire upon the court’s entry of a judgment or order on the aggrieved party’s action to appeal, challenge, restrain, or otherwise enjoin the village’s enforcement.
(O) A licensee shall not transfer his or 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.
(Ord. 2006-3, passed 4-18-2006) Penalty, see § 113.99