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(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)
(A) An application for a sexually oriented business employee 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 employee license shall be completed according to the instructions of the application form, signed by the applicant under oath that the information contained therein is true, and shall require the following:
1. State the applicant's name and any other names (including "stage" names) or aliases used by the applicant.
2. State the applicant's date and place of birth.
3. State the applicant's height, weight, and hair and eye color.
4. Describe and identify the location of any tattoos on the applicant's face, arms, legs, or hands, or any other anatomical area that normally would be visible when the applicant is on the premises of the proposed sexually oriented business.
5. State the applicant's present and intended business address and telephone number, identifying the sexually oriented business at which the applicant intends employment.
6. Submit proof that the applicant is at least eighteen (18) years old.
7. Provide a statement detailing the sexually oriented business employee license history of the applicant for the five (5) years immediately preceding the date of the filing of the application, including whether such applicant previously operated or is seeking to operate a sexually oriented business, in this or any other jurisdiction, and whether the applicant has ever had a sexually oriented business license or a sexually oriented business employee license, permit, or authorization to do business denied, revoked, or suspended by this or any other jurisdiction. In the event of any such denial, revocation, or suspension, state the name of the issuing or denying jurisdiction and describe in full the reason for the denial, revocation, or suspension. Attach a copy of any order of denial, revocation, or suspension.
8. State whether the 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, and the date of release from confinement, if any, for such conviction.
9. State applicant's home address, home phone number, social security number, and driver's license number. (Ord. 2004-3838, 5-17-2004)
(A) Upon receipt of a completed application for a sexually oriented business employee 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 employee 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 applicant 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) 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 are true:
1. The applicant has failed to provide information reasonably necessary for issuance of the license as requested on the application form, or has given false information.
2. The applicant is under eighteen (18) years of age.
3. The applicant has been convicted of a specified criminal activity.
4. The sexually oriented business employee license is to be used for employment in a business prohibited by local, state, or federal law, statute, rule or regulation.
5. The sexually oriented business where the applicant intends employment is not a licensed sexually oriented business pursuant to this chapter.
6. The applicant has been denied a sexually oriented business license or a sexually oriented business employee license, or has had a sexually oriented business license or a sexually oriented business employee license revoked within the preceding twelve (12) months by any jurisdiction.
(D) 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)
(A) Every application for a new sexually oriented business license shall be accompanied by a nonrefundable application and investigation fee as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”.
(B) Every application for renewal of a sexually oriented business license shall be accompanied by a nonrefundable application and investigation fee as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”.
(C) In addition to the application and investigation fee required in subsection (A) or (B) of this section, every applicant that is granted a sexually oriented business license (new or renewal) shall pay to the municipality an annual, nonrefundable license fee as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures” prior to or at the time of issuance or renewal.
(D) Every application for a new sexually oriented business employee license shall be accompanied by an annual, nonrefundable application, investigation, and license fee as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”.
(E) Every application for renewal of a sexually oriented business employee license shall be accompanied by an annual, nonrefundable application, investigation, and license fee as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”. (Ord. 2004-3838, 5-17-2004; amd. Ord. 2021-4921, 9-20-2021)
(A) Each license issued pursuant to this chapter shall expire on December 31 and may be renewed by making application as provided in this section. Annual license fees for all licenses except those issued for Lisle commuter parking lot mobile concessionaire/merchandiser shall be paid to the village no later than twelve o'clock (12:00) noon on December 15 of the preceding year for which the license is issued. A fee paid after that date shall include a late fee as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”.
(B) An application for renewal of a sexually oriented business license or sexually oriented business employee license shall be submitted to the municipality's clerk on a form provided by the enforcement officer. The renewal application may request and the applicant shall provide such information as reasonably necessary to enable the municipality to determine whether the applicant meets the qualifications established in this chapter. The completed renewal application shall describe any changes or additions to, or deletions from, the information provided in the applicant's initial license application. The completed renewal application shall be accompanied by copies of any document or material submitted in connection with the initial license application that has been revised or requires revision to reflect any change in circumstances or conditions. Sketches or diagrams submitted with an initial sexually oriented business license application may be resubmitted with subsequent renewal applications, provided that the applicant certifies in writing that the sketch or diagram still depicts the premises accurately.
(C) The enforcement officer shall make the determination concerning the approval of license renewals based on the same criteria and using the same procedures used to evaluate applications for new licenses under this chapter.
(D) The enforcement officer shall advise the applicant in writing of the reasons for any renewal denial, and shall serve the written renewal denial on the applicant in the same manner as a denial of an initial application.
(E) When the enforcement officer denies an application for renewal of a license, the applicant shall not be issued another license for one year from the date of denial. (Ord. 2004-3838, 5-17-2004; amd. Ord. 2021-4921, 9-20-2021)
(A) The enforcement officer shall suspend a sexually oriented business license for a period not to exceed thirty (30) days if the enforcement officer determines that a licensee: 1) has violated or is not in compliance with any section of this chapter except as set forth in subsection (B) of this section; or 2) has knowingly allowed an employee to violate or fail to comply with any section of this chapter.
(B) The enforcement officer shall suspend a sexually oriented business employee license for a period not to exceed thirty (30) days if the enforcement officer determines that a licensee has violated or is not in compliance with any section of this chapter, except as set forth in subsection (C) of this section.
(C) The enforcement officer shall advise the licensee in writing of the reasons for any suspension. The written suspension shall be either served on the applicant personally on or before five (5) days before the suspension is to take effect, or by placing it in a sealed envelope, addressed to the licensee at the address set forth in the application, and depositing it with the United States postal service, proper first class postage prepaid, on or before five (5) days before the suspension is to take effect. The enforcement officer may, but is not required to serve the written suspension by certified or registered mail, as set forth above. (Ord. 2004-3838, 5-17-2004)
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