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(A) The establishment of a sexually oriented business shall be permitted only in the Light Industrial District (I-1) as described within Chapter 161 of the Revised Code of Ordinances.
(B) The sexually oriented business shall not be operated within 400 feet of:
(1) a religious institution;
(2) a school;
(3) a public park;
(4) the boundary of any residential district;
(5) any property actually occupied, devoted to or utilized for residential use, whether zoned residential or not;
(C) A sexually oriented business shall not be operated in the same building, structure or portion thereof containing another sexually oriented business classified pursuant to § 117.03 herein or containing any business or premises licensed under Chapter 111 of the Revised Code of Ordinances or containing any business or premises licensed under Chapter 116 of the Revised Code of Ordinances. In addition, a sexually oriented business shall not be operated within 800 feet of another sexually oriented business classified pursuant to § 117.03 herein or within 800 feet of any business or premises licensed under Chapter 116 of the Revised Code of Ordinances or within 800 feet of any business or premises licensed under § 110.02 of the Revised Code of Ordinances. The sexually oriented business shall be situated within a single structure upon the premises or, if situated within more than one building each of said buildings shall be connected one to the other by an enclosed walkway, hall, or other similar manner (which shall be deemed to be part of the interior of the licensed premises) so that no patron or employee nor any other person is required to exit a building to the exterior of the sexually oriented business to enter another building.
(D) For the purposes of this subsection measurements shall be made in a straight line without regard to intervening structures or objects from the nearest portion of the building or structure used as part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a business or use described within subparagraph (B).
(E) For purposes of this subsection the distance between any two businesses described within subparagraph (C) above shall be measured in a straight line without regard to intervening structures or objects from the closest exterior wall of the structure in which each business is located.
(F) The distance requirements and provisions of this subsection shall not be subject to variance.
(Prior Code, Art. 11, § 11.15.4)
(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)
(A) No person shall operate a sexually oriented business without a valid sexually oriented business license issued by the City.
(B) No person who operates a sexually oriented business shall employ a person to work and/or perform services on the premises of a sexually oriented business, if such employee is not in possession of a valid sexually oriented business employee license issued to such employee by the City.
(C) No person shall obtain employment with a sexually oriented business if such person is not in possession of a valid sexually oriented business employee license issued to such person by the City.
(Prior Code, Art. 11, § 11.15.6)
(A) An application for a sexually oriented business license, whether original or renewal, must be made by each operator or operators of the sexually oriented business on a form provided by the City. The application must be submitted to the City Clerk and shall be marked by the City Clerk with the date and time of receipt. The application shall be subject to approval or denial by the Building and Zoning Official of the City. The application form shall request and the applicant shall be required to provide information described within subparagraph (B) herein. The application form, upon filing with the City Clerk must be accompanied by the application fee and by each of the following described diagrams or drawings:
(1) a drawing showing the internal and external configuration of the premises, including all doors, entrances, exits, and the fixed structural internal features of the premises, plus the interior rooms, walls, partitions, stages, performance areas, hallways, restrooms, dressing rooms, and other rooms and showing each designated area where a patron(s) is not permitted access; and also a diagram or drawing which includes the information needed to determine off-street parking and lighting requirements set out within § 117.22. The drawings or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions to an accuracy of plus or minus six inches.
(2) a current certificate and straight line drawing prepared within thirty days prior to the application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented businesses within 800 feet of the premises to be certified and any premises licensed under Chapter 111 of the Revised Code within 800 feet of the premises to be certified and any premises licensed under Chapter 116 of the Revised Code within 800 feet of the premises to be certified; and the property lines of any established business or use described within § 117.04(B) within 400 feet of the premises to be certified. For purposes of this subparagraph (A)(2), a use shall be considered existing or established if it is in existence at the time an application is filed with the City Clerk.
(B) The application for a sexually oriented business license and the applicant shall be required to provide the following information:
(1) The name and current mailing address of the applicant(s);
(2) Written proof of age in the form of a birth certificate or picture identification issued by a governmental agency of person signing application;
(3) The single classification of license as found in § 117.03 for which the applicant is filing;
(4) The street address and legal description of the tract of land on which the establishment is to be located;
(5) If an applicant wishes to operate a sexually oriented business which shall exhibit on the premises, in a viewing room of less than 150 square feet of floor space, films, videocassettes or other video reproductions which depict specified sexual activities or specified anatomical areas then the applicant (adult store) shall comply with the additional application requirements set forth in § 117.24.
(6) An affirmative statement that the applicant(s) within the preceding 12-months has not had any license issued under § 117.15 revoked.
(C) In the event that the sexually oriented business premises has not been constructed or reconstructed to accommodate the proposed sexually oriented business at the time the application is filed with the City Clerk, the Building Official shall base his approval or denial of the license upon the diagrams or drawings submitted pursuant to Subsection (A) and (B). Subject to § 117.05, any sexually oriented business license issued prior to completion of the construction or reconstruction necessary to accommodate the sexually oriented business shall be subject to the condition that the sexually oriented business shall not open for business until the licensed premises is in strict compliance with the diagrams submitted with the application. Prior to the sexually oriented business opening for business the licensee shall make a request in writing to the City Clerk for an inspection and determination that the premises is in compliance with the diagrams. An inspection and determination by the Building Official and written notice of the determination to licensee shall be completed within ten business days of the filing of the written request with the City Clerk. Upon filing of the written request by licensee with the City Clerk, the sexually oriented business may immediately open for business but the license shall be subject to revocation if the premises is not in strict compliance with the diagrams submitted by licensee with his application.
(D) (1) The applicant has an affirmative duty to supplement an application with information received subsequent to the date that the application is filed with the City.
(2) None of the items set forth within subparagraph (A) and (B) herein, except the name and current address of the applicant(s) shall be required for a renewal application if the applicant states in writing under oath that the documents and information previously furnished to the City with the original application or previous renewals thereof remain correct and current.
(E) The approval or use of the diagrams or drawings required pursuant to this § 117.07 shall not be deemed to be, and shall not be interpreted or construed to constitute, any other City approval otherwise required pursuant to other applicable City ordinances and/or State law.
(Prior Code, Art. 11, § 11.15.7)
(A) Applications for a sexually oriented business employee license to work and/or perform services as an employee in a sexually oriented business, whether original or renewal, must be personally submitted to the City Clerk by the person to whom the employee license shall issue; the City Clerk shall mark each application with the date and time of receipt. Each application for an employee license shall be accompanied by the application fee. Application forms shall be supplied by the City.
(B) Each applicant for an employee license shall be required to give the following information on the application form:
(1) The applicant’s name.
(2) Written proof of age in the form of a birth certificate or picture identification issued by a governmental agency.
(3) Current mailing address.
(4) An affirmative statement that the applicant within the preceding 12 months has not had any license issued under this Chapter 117 revoked.
(Prior Code, Art. 11, § 11.15.8)
(A) Every application for a license under this Chapter 117 shall contain a statement under oath that the applicant has personal knowledge of the information contained in the application and that the information contained therein and furnished therewith is true and correct.
(B) The person to whom an employee license shall issue shall sign the application for the license as applicant. If a person who wishes to operate a sexually oriented business is an individual he shall sign the application as applicant. If a person who wishes to operate is other than an individual, the person signing the application shall verify that he has the legal authority to legally bind the applicant.
(C) Personal information provided upon an application shall be confidential and shall not be disclosed to the public except to the extent required by Illinois or Federal law.
(D) An applicant at the time of filing of an application may make written demand that notice of decision on the application for a new license be given by personal delivery, although in such case the applicant must provide the City Clerk with the method (of the applicant’s choice) by which the City Clerk can promptly contact the applicant and the applicant must present himself at the Office of the City Clerk for personal delivery; if the applicant does not make demand for personal delivery then the applicant is not required to provide a method of contact nor required to present himself at the Office of the City Clerk and the City Clerk may serve the decision on the applicant by personal delivery or by certified mail.
(Prior Code, Art. 11, § 11.15.9)
(A) If application is made for a sexually oriented business license the Building and Zoning Official shall either approve or deny the issuance and the City Clerk shall issue the license or issue a written denial to an applicant within 20-days of the filing of application with the City Clerk. The Building and Zoning Official shall approve a license and the City Clerk shall issue a license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
(1) The applicant has failed to provide the information requested on the application form or has falsely answered a question or request for information on the application form;
(2) The applicant is under the age of 18 years;
(3) The applicant has had a sexually oriented business license or an employee license issued by the City of Mt. Vernon, Illinois revoked within the 12-months preceding the date of the application;
(4) Subject to subsection (C) below, the premises to be used for the sexually oriented business has been determined by the Building Department, Fire Department or Zoning Department of the City as not being in compliance with applicable Building, Zoning or Fire Codes;
(5) The license fee required has not been paid;
(6) The premises to be used for the sexually oriented business does not meet the location restrictions of § 117.04 or the premises is physically or structurally not in compliance with one or more provisions of this chapter 117.
(7) The applicant has refused or failed to permit inspection of the premises.
(B) 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, the street address of the sexually oriented business and the § 117.03 classification for which the license is issued. The 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.
(C) Failure of an appropriate City Department or employee to timely complete a review or inspection, failure of the Building Official to approve or deny a license, or failure of the City Clerk to issue or deny a license shall not be grounds for refusing to issue a license within 20-days (or within the extended time period requested by the applicant) from the date the application is filed with the City Clerk. In the event the City Clerk fails to issue or deny a license within the time specified, the license will be deemed to have been issued. However, the licensee and the licensed premises must still comply with all provisions of this Chapter 117 the same as if a license had been issued by the City Clerk, as the failure of the City to render a decision on an application does not excuse compliance by the licensee with any provision of this Chapter 117, except the license requirement. The licensee is also subject to all provisions of this Chapter 117 relating to renewal of license, suspension of a license or revocation of a license.
(D) A sexually oriented business license shall issue for only one classification as set forth in § 117.03 and for only one designated premises.
(E) In the event that the Building Official determines that an applicant is not eligible for a sexually oriented business license, the applicant shall be given notice in writing by the City Clerk of the reasons for the denial within 20-days of the filing of the completed application with the City Clerk, provided that the applicant may request in writing at any time before the notice is issued that such period be extended for an additional definite time period in order to comply with the requirements of this Chapter 117.
(F) A sexually oriented business license shall be subject to annual renewal upon the written application of the applicant. The decision whether to renew a license shall be made within 20-days of the filing of the application with the City Clerk (unless extended by request of the applicant). The request for renewal shall be subject to the fee as set forth within § 117.12.
(G) Denial of a new or original license, denial of renewal of a license, suspension of a license, or revocation of a license shall be subject to the licensing and appeal procedures as provided within § 117.17.
(Prior Code, Art. 11, § 11.15.10)
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