(A) Any sexually oriented business lawfully established, lawfully located and lawfully operating on the date of passage of this Chapter 117 that is in violation of § 117.04 is a non-conforming use. A non-conforming use will be permitted to continue at its existing location for a period of one year, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty days or more; however, such non-conforming sexually oriented business shall during said one year period be required to comply with each provision of this Chapter 117 except the location restriction and except any provision requiring structural remodeling or alteration of the premises. Such non-conforming use shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 800 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at the particular location is the conforming use and the later established business is non-conforming.
(B) A sexually oriented business lawfully established, lawfully located and lawfully operating as a conforming use is not rendered a non-conforming use by the location, subsequent to the grant or renewal of a sexually oriented business license, of a business or use described within § 117.04(B) within 400 feet of the sexually oriented business. This provision applies only to the renewal of a valid license and does not apply when an application for a license is submitted after a license has expired or been revoked. No business described within § 117.04(C) is permitted to locate within the distance restriction for sexually oriented businesses described within § 117.04(C).
(C) Except as hereinafter provided, any establishment or any person subject to the provisions of this Chapter 117 shall comply with the provisions and regulations of this Chapter 117 immediately upon its effective date, including without limitation §§ 117.13, 117.19, 117.23, 117.24, 117.25, 117.26, 117.27, and 117.28. Any establishment existing prior to the effective date of this Chapter 117 shall apply for the license provided for by § 117.07 within thirty days of the effective date of Chapter 117. Any person employed by an establishment prior to the effective date of Chapter 117 shall apply for the license provided for by § 117.08 within thirty days of the effective date of Chapter 117. Any establishment existing prior to the effective date of Chapter 117 with regard to a provision requiring alteration to its structure or to its premises in order to comply with Chapter 117 shall fully comply with said provision within one hundred eighty days of the effective date of Chapter 117 unless said establishment is a non-conforming use which will terminate under this § 117.05.
(D) A sexually oriented business not lawfully established, not lawfully located or not lawfully operating by reason of any ordinance, statute, or code in effect immediately prior to the effective date of this Chapter 117 shall immediately cease operation and shall cease conduct of business as this Chapter 117 shall not be construed so as to allow any illegal use or use established in violation of law, including without limitation 65 ILCS 5/11-5-1.5, or 55 ILCS 5/5-1097.5 or Chapter 161 of the Revised Code of Ordinances, to continue as a non-conforming use.
(Prior Code, Art. 11, § 11.15.5)