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For purposes of this chapter, the following terms shall have the following meanings:
EMPLOYEE: A natural person who performs any service or work on the premises of a sexually oriented business, including, but not limited to, providing entertainment, performing work of a management or supervisory nature, or performing support functions, on a full time, part time or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person on the premises exclusively for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
EMPLOYEE STATION: An area on the premises of a sexually oriented business designated for occupancy exclusively by one or more employees whose duties include assuring compliance with the provisions of this chapter.
ENFORCEMENT OFFICER: The village manager of the village of Lisle or his or her designee.
EXCRETORY FUNCTIONS: Urination, defecation, lactation, ejaculation and menstruation. It shall not mean urination and defecation performed in a public or employee only restroom in the manner in which those facilities are intended to be used, and when not performed or presented for a commercial purpose. It shall not mean lactation as part of breast feeding an infant, unless performed or displayed for a commercial purpose other than education and training in the art, science or technique of breast feeding an infant.
LICENSEE: With respect to a sexually oriented business license issued under this chapter, a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual(s) designated on the license application as principally responsible for the operation of the sexually oriented business. With respect to a sexually oriented business employee license issued under this chapter, licensee means a natural person in whose name a license has been issued authorizing employment in a sexually oriented business.
MUNICIPALITY: The village of Lisle, Illinois.
NUDITY OR NUDE: Exposing to view specified anatomical areas or any device, costume, or covering that gives the appearance of or simulates any specified anatomical areas.
OPERATE OR CAUSE TO BE OPERATED: To control or hold primary responsibility for the operation of a sexually oriented business, either as a business entity, as an individual, or as part of a group of individuals with shared responsibility. It shall also mean to cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.
OPERATOR: Any person who operates or causes to be operated a sexually oriented business.
PATRON: Any natural person who is not an employee.
PERSON: A natural person, proprietorship, partnership, limited liability company, firm, association, joint stock company, joint venture, corporation or combination of individuals of whatever form or character.
SEMINUDITY OR SEMINUDE: Exposing to view, with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided that the areola is not exposed in whole or in part.
SEXUALLY ORIENTED BUSINESS: Any of the following when done in a place where the public is invited or permitted, or when done for any commercial purpose including sale and rental, regardless of who pays or receives the consideration therefor, and regardless of the form of consideration:
(A) Exhibition or display of a natural person or people in the state of nudity or seminudity, or engaged in specified sexual activities or excretory functions;
(B) Premises with a sexually oriented amusement device;
(C) Rental or leasing of a hotel room, motel room or similar room for a period not exceeding ten (10) hours, but not including dining rooms, banquet rooms, ballrooms, conference rooms and similar facilities unless they are used or to be used for specified sexual activities or excretory functions;
(D) Offering of physical contact in the form of wrestling or tumbling between natural persons of the opposite sex, when one or more of the persons is nude or seminude, and also the offering of physical contact which constitutes specified sexual activities regardless of the sex of the person performing or receiving the contact;
(E) Offering of products, services or activities by or with a natural person or people when one or more of the people, whether a patron, agent, employee or otherwise, is in a state of nudity or seminudity;
(F) Displaying or offering to others any recorded depiction of a natural person, or created image or character, as in cartoons and animation, by any medium, including, without limitation, film, videotape, closed circuit television, digital video disc (DVD), laser disc, compact disc (CD), floppy disc, photograph, slide, television, book, magazine, and computer software, which is:
1. Characterized or distinguished by an emphasis on the depiction or description of specified sexual activities, excretory functions, or specified anatomical areas; or
2. Advertised or otherwise held out to the public as being characterized or distinguished by an emphasis on the depiction or description of specified sexual activities, excretory functions, or specified anatomical areas, including, without limitation, the use of the term "adult" and the use of the designation of one or more "X" such as, but not limited to, "XXX";
(G) The display and offering to others of novelties, instruments, devices, or paraphernalia that are designed primarily for use in connection with specified sexual activities or that give the appearance of or simulate any of the specified anatomical areas.
(H) The term sexually oriented business shall exclude the following:
1. The display and offering to others of condoms, spermicide or other nonprescription contraceptives, unless displayed and offered to others on the premises of a business which would otherwise be considered a sexually oriented business;
2. The display and offering to others of drugs, instruments or devices which require a prescription, that are designed primarily for use in connection with specified sexual activities, and which are in fact dispensed by or under the supervision of a pharmacist licensed by the state of Illinois;
3. The display and offering to others of instruments, devices, or paraphernalia that are designed primarily for use in connection with specified sexual activities if they are displayed and offered to others on the premises where a pharmacist licensed by the state of Illinois is employed to dispense prescription drugs, instruments or devices;
4. Breast feeding an infant, unless performed or displayed for a commercial purpose other than education and training in the art, science or technique of breast feeding an infant;
5. The display and offering to others of motion pictures, by any format, which have received a rating from the Motion Picture Association of America of G, PG, PG-13, R or NC-17, when offered or displayed substantially in their entirety;
6. Libraries and museums funded in whole or in part by federal, state or local governmental funds;
7. The display and offering to others of items which would otherwise qualify as a sexually oriented business pursuant to this section, if and only if the display and offering are done for a commercial purpose, and all of the following apply to the business displaying and offering such items to others:
(a) Less than twenty percent (20%) of its gross income comes from the sale, rental or exhibition of the following types of items:
(1) Items which are characterized or distinguished by an emphasis on the depiction or description of specified sexual activities, excretory functions, or specified anatomical areas or any combination thereof, and
(2) Items which are advertised or otherwise held out to the public as being characterized or distinguished by an emphasis on the depiction or description of specified sexual activities, excretory functions, or specified anatomical areas or any combination thereof, including, without limitation, the use of the term "adult" and the use of the designation of one or more "X" such as, but not limited to, "XXX"; and
(b) Less than twenty percent (20%) of its display space is used for the sale, rental or exhibition of the items described in subsections (H)7(a)(1) and (H)7(a)(2) of this definition; and
(c) Less than twenty percent (20%) of the items it offers to others are the items described in subsections (H)7(a)(1) and (H)7(a)(2) of this definition; and
(d) The items described in subsections (H)7(a)(1) and (H)7(a)(2) of this definition are segregated from all other displays and retail areas of the premises by a solid partition from floor to ceiling with no openings or windows and with entrance and egress by means of a solid door posted with a sign not less than one foot by one foot (1' x 1') with the words "UNDER 18 NOT ADMITTED" lettered on the sign, except that magazines characterized or distinguished by an emphasis on the depiction or description of specified sexual activities, excretory functions, or specified anatomical areas or any combination thereof may be displayed on racks or other display cases only if the magazine is encased or otherwise covered up and concealed from common view of anything other than the magazine title or text or other materials which would not be described as sexually oriented;
(e) Certain uses which fall within this definition may also constitute uses which are illegal under local, state or federal law, such as obscenity or child pornography. Even if such illegal uses constitute a sexually oriented business under the definition set forth herein, they shall not be permitted uses in any district.
SPECIFIED ANATOMICAL AREAS: The human genitals, pubic area, perineum, anus, anal cleft or cleavage, pubic hair, any portion of the areola of the female breast if less than fully and opaquely covered; and the male genitals in a discernibly turgid state, even if entirely covered by an opaque covering. In determining whether any of the foregoing portions of the anatomy are fully and opaquely covered, coverage by makeup, paint, or similar matter applied directly to the skin, shall not be considered to be fully and opaquely covered.
SPECIFIED CRIMINAL ACTIVITY: (A) Any of the following offenses, as set forth in the Illinois criminal code of 1961, as amended, or any substantially similar offenses to those set forth below under the criminal or penal code of any local jurisdiction, state, country, or international law: indecent solicitation of a child, indecent solicitation of an adult, adultery, fornication, public indecency, sexual exploitation of a child, custodial sexual misconduct, presence within school zone by child sex offenders prohibited, sexual relations within families, bigamy, marrying a bigamist, prostitution, solicitation of a sexual act, soliciting for a prostitute, soliciting for a juvenile prostitute, pandering, keeping a place of prostitution, keeping a place of juvenile prostitution, patronizing a prostitute, patronizing a juvenile prostitute, pimping, juvenile pimping, exploitation of a child, obscenity, child pornography, commercial film and photographic print processor - reports, harmful material, tie in sales of obscene publications to distributors, criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, criminal transmission of HIV, ritualized abuse of a child, female genital mutilation, violation of the sex offender registration act, stalking (if the basis of the conviction is the threat of immediate or future sexual assault, or placing a person in reasonable apprehension of immediate or future sexual assault), first degree murder (if the basis for the conviction is 720 Illinois Compiled Statutes 5/9-1(a)(3), commonly known as felony murder, where the predicate felony is any felony otherwise set forth in this definition), burglary (if the basis for the conviction is an intent to commit any felony otherwise set forth in this definition), residential burglary (if the basis for the conviction is an intent to commit any felony otherwise set forth in this definition), armed violence (if the basis for the conviction is an intent to commit any felony otherwise set forth in this definition), attempt to commit any of the foregoing crimes, conspiracy to commit any of the foregoing crimes, and any other felony or misdemeanor for which an element of the offense is the commission of any of the foregoing crimes or an intent to commit any of the foregoing crimes.
(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, business offense or petty offense; or 2) less than five (5) 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.
(C) The fact that a conviction is being appealed shall not prevent such conviction from constituting a specified criminal activity as defined herein.
SPECIFIED SEXUAL ACTIVITIES: Any of the following, whether actual or simulated:
(A) The fondling or other erotic touching of human genitals, pubic area, perineum, anus, anal cleft or cleavage, pubic hair, buttocks, or female breasts, regardless of whether the performer or recipient is clothed, in a state of nudity or in a state of seminudity;
(B) The manipulation of the human body of another, including massage, by the use of any portion of manipulator's body, whether covered or uncovered, or by any device, if the person performing the manipulation or the person receiving the manipulation is in a state of nudity or seminudity;
(C) Sex acts, normal or perverted, heterosexual, homosexual or bisexual, including, without limitation, intercourse, fellatio, cunnilingus, analingus, masturbation, bestiality, sodomy, bondage and discipline, sadism and masochism, and any other act intended to cause sexual arousal;
(D) Sex acts between animals when offered or displayed for the purpose or with the intent of causing the sexual arousal of a human viewer.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS: (A) The sale, lease, or sublease of the business;
(B) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(C) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfers by bequest or other operation of law upon the death of the person possessing the ownership or control. (Ord. 2004-3838, 5-17-2004)
(A) No person shall operate a sexually oriented business without a valid sexually oriented business license issued by the municipality pursuant to this chapter.
(B) No person shall, in connection with operating a sexually oriented business, retain the services of a person as an employee who is not licensed as a sexually oriented business employee by the municipality pursuant to this chapter. (Ord. 2004-3838, 5-17-2004)
(A) An application for a sexually oriented business license shall be submitted to the municipality's business office manager on a form provided by the enforcement officer. The application may request and the applicant shall provide such information as reasonably necessary (including fingerprints) to enable the municipality to determine whether the applicant meets the qualifications established in this chapter.
(B) An application for a sexually oriented business license shall identify the following persons and be signed under oath by said persons that the information contained therein is true:
1. If the business entity is a sole proprietorship, that sole proprietor;
2. If the business entity is a corporation, each officer and director of the corporation and each individual with a ten percent (10%) or greater ownership interest in the corporation;
3. If the business entity is a partnership, each general partner, and each limited partner who owns ten percent (10%) or more of total limited partnership interest;
4. If the business is a limited liability company, each manager, and each member with a ten percent (10%) or greater ownership interest in the company. If the limited liability company does not have any managers, then each member.
(C) An application for a sexually oriented business license must designate one or more natural persons who are to be principally responsible for the operation of the proposed sexually oriented business, if a license is granted. At least one natural person so designated must be involved in the day to day operation of the proposed sexually oriented business on a regular basis. Each natural person so designated, as well as the business entity itself, shall be considered a license applicant, must qualify as a licensee under this chapter, and shall be considered a licensee if a license is granted.
(D) An application for a sexually oriented business license shall be completed according to the instructions of the application form, which shall require the following:
1. If the applicant is:
(a) An individual, state the legal name, date of birth, home address, home phone number, social security number, driver's license number, and any aliases of such individual;
(b) A partnership, state the complete name of the partnership and all of its partners and whether the partnership is general or limited, and provide a copy of the partnership agreement, if any, and the information specified in subsection (A) of this section for each partner;
(c) A corporation, state the complete name of the corporation and the date of its incorporation, provide evidence that the corporation is in good standing under the laws of its state of incorporation and of Illinois, and state the names and capacity of all officers and directors, all persons owning ten percent (10%) or more of the stock of the corporation, the name of the registered corporate agent, and the address of the registered office for service of process, and the information specified in subsection (A) of this section for each officer, director and owner of ten percent (10%) or more of the stock;
(d) A limited liability company, state the complete name of the company and the date of its organization, provide evidence that the company is in good standing under the laws of its state of organization and of Illinois, and state the names and capacity of all members, owners and managers, the name of the registered agent, and the address of the registered office for service of process, and the information specified in subsection (A) of this section for each member, owner and manager.
2. If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, state the fictitious name to be used and submit copies of documentation evidencing the registration of the business's name under applicable laws.
3. State whether any applicant has been convicted of a specified criminal activity, and if so, the specified criminal activity involved and the date, place, and jurisdiction of each such conviction.
4. State whether any applicant has had a previous license under this chapter or other similar regulation of another jurisdiction denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation; and state whether the applicant has been a partner in a partnership or an officer, director or ten percent (10%) or greater owner of a corporation, or a member or manager of a limited liability company, licensed under this chapter whose license has previously been denied, suspended or revoked, including the name and location of the business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
5. State whether any applicant holds any other licenses under this chapter or other similar regulation from this or another jurisdiction and, if so, the names and locations of other such licensed businesses.
6. State the nature of the sexually oriented business for which the applicant is filing.
7. State the location of the proposed sexually oriented business, including a legal description of the property (i.e., block and lot), street address, telephone number(s), e-mail address and internet web site URL, if any.
8. State the mailing address of each applicant and each person signing the application.
9. For any applicant who is a natural person, describe and identify the location of any tattoos on such person's face, arms, legs, or hands, or any other anatomical area that normally would be visible when such person is on the premises of the proposed sexually oriented business.
10. Submit proof that each applicant who is a natural person is at least eighteen (18) years old.
11. Submit a sketch or diagram showing the configuration of the premises of the sexually oriented business, including the location of all stages, walls, partitions, designated sales areas, bookcases, and patron seating, and a statement of total floor space occupied by the business. The diagram shall also designate the place at which the sexually oriented business license will be conspicuously posted, if granted. The 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 to an accuracy of plus or minus one foot (±1').
12. Confirmation of applicant's citizenship, place of birth, and if a naturalized citizen, the time and place of naturalization. (Ord. 2004-3838, 5-17-2004)
(A) Upon receipt of a completed application for a sexually oriented business license, the municipality's business office manager shall immediately file a copy of the completed application with the enforcement officer.
(B) Upon receipt of a copy of a completed application for a sexually oriented business license, the enforcement officer, or any peace officer designated by the enforcement officer, shall promptly investigate the information provided in the application concerning the criminal background of the applicants and shall record the results of the investigation in writing within five (5) days of the completion of the investigation. If the investigation is done by a peace officer designated by the enforcement officer, then the written results of the investigation shall also be filed with the enforcement officer within five (5) days of the completion of the investigation.
(C) Within five (5) days of receipt of a copy of a completed application for a sexually oriented business license, the enforcement officer shall notify the municipality's fire chief and building department of such application. In making such notification, the enforcement officer shall request that the fire chief and the building department promptly inspect the premises for which the sexually oriented business license is sought to assess compliance with the regulations under their respective jurisdictions.
(D) The fire chief shall provide to the enforcement officer a written certification of whether the premises are in compliance with the fire code within five (5) days of completing the inspection.
(E) The building department shall provide the enforcement officer a written certification of whether the premises are in compliance with the building code, the planning and zoning code, and the provisions of this chapter related to physical characteristics of the premises within five (5) days of completing the inspection.
(F) The enforcement officer shall approve the issuance of a license to an applicant unless the enforcement officer determines by a preponderance of the evidence that one or more of the following findings is true:
1. An applicant is a natural person under eighteen (18) years of age.
2. An applicant has failed to provide information reasonably necessary for issuance of the license as requested on the application form, or has provided false information.
3. An applicant has been denied a sexually oriented business license or has had a license to operate a sexually oriented business revoked within the preceding twelve (12) months by any jurisdiction.
4. An applicant has been convicted of a specified criminal activity.
5. The proposed sexually oriented business or the premises on which it would operate would violate or fail to be in compliance with any provisions of the zoning code, the provisions of this chapter related to physical characteristics of the premises, or any state or federal law.
6. The application and investigation fee required by this chapter has not been paid.
7. An applicant is otherwise in violation of or is not in compliance with any provision of this chapter.
8. An applicant is not a citizen of the United States.
(G) If the enforcement officer determines that no grounds for denial of a license exist under this section, the enforcement officer shall not delay approval of the application.
(H) A sexually oriented business license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the licensed sexually oriented business. All sexually oriented business licenses shall be posted in a conspicuous place at or near the entrance to the business so that they may be easily read at any time.
(I) The enforcement officer shall advise the applicant in writing of the reasons for any license denial. The written license denial shall be either served on the applicant personally or by placing it in a sealed envelope, addressed to the applicant at the address set forth in the application, and depositing it with the United States postal service, proper first class postage prepaid. The enforcement officer may, but is not required to serve the written license denial by certified or registered mail, as set forth above. (Ord. 2004-3838, 5-17-2004)
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