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(A) Any act or omission of any employee constituting a violation of the provisions of this section shall be deemed the act or omission of the operator for purposes of determining whether the operator’s license shall be revoked, suspended, or renewed.
(B) No employees of an adult oriented establishment shall allow any minor to loiter around or to frequent an adult oriented establishment or to allow any minor to view adult entertainment.
(C) The operator shall maintain the adult oriented establishment in a clean and sanitary manner at all times.
(D) The operator shall maintain at least ten footcandles of light in the public portions of the adult oriented establishment, including aisles, at all times. However, if a lesser level of illumination in the aisles shall be necessary to enable a patron to view the adult entertainment in a booth, room, or cubicle adjoining an aisle, a lesser amount of illumination may be maintained in such aisles, provided, however, at no time shall there be less than one footcandle of illumination in said aisles, as measured from the floor.
(E) No alcoholic beverage may be served or permitted on the premises.
(F) No sexual activity of any kind shall be permitted on the premises.
(G) The operator shall ensure compliance of the adult oriented establishment and its patrons with the provisions of this chapter.
(H) No person licensed as an adult oriented establishment may, in any manner, advertise its establishment as licensed by the village.
(Prior Code, § 12.12)
Any adult oriented establishment having available for customers, patrons, or members any booth, room, or cubicle for the private viewing of any adult entertainment must comply with the following requirements.
(A) Each booth, room, or cubicle shall be totally accessible to and from aisles and public areas of the adult oriented establishment and shall be unobstructed by any door, lock, or other control-type devices.
(B) Every booth, room, or cubicle shall meet the following construction requirements.
(1) Each booth, room, or cubicle shall be separated from adjacent booths, rooms, or cubicles and any nonpublic areas by a wall.
(2) Each booth shall have at least one side totally open to a lighted public aisle so that there is an unobstructed view at all times of anyone occupying the same.
(3) All walls shall be solid and without any openings, extended from the floor to a height of not less than six feet and be light colored, nonabsorbent, smooth textured, and easily cleanable.
(4) The floor must be light colored, nonabsorbent, smooth textured, and easily cleanable.
(5) The lighting level of each booth, room, or cubicle, when not in use, shall be a minimum of ten footcandles at all times, as measured from the floor.
(C) Only one individual shall occupy a booth, room, or cubicle at any time. No occupant shall engage in any type of sexual activity.
(Prior Code, § 12.12)
(A) Every license issued pursuant to this chapter will terminate at the expiration of one year from date of issuance, unless sooner revoked, and must be renewed before operation is allowed in the following year. All applications for the renewal of adult oriented establishment licenses issued by the village shall be filed with the Village Administrator/Clerk’s office on forms to be provided by the Administrator/Clerk no later than 60 days prior to the expiration of the licenses. The renewal application shall contain such information and data, given under oath or affirmation, as is required for an application for a new license. Applications to renew licenses shall be processed by the village in the same fashion as new applications. No license shall be renewed without a re-inspection of the premises as required under § 111.04(E).
(B) A license renewal fee as provided in § 36.04 shall be submitted with the renewal application. In addition to the renewal fee, a late penalty fee as provided in § 36.04 shall be assessed against any applicant who files for renewal less than 60 days before the license expires. If the application is denied, one-half of the total fees collected shall be returned.
(Prior Code, § 12.12) (Ord. 03-2019, passed 2-14-2019)
(A) Any adult oriented establishment license may be suspended for not more than 90 days or revoked by the Village Board for any of the following reasons:
(1) Any of the grounds that would warrant the denial of the original application for the license;
(2) Discovery that false or misleading information or data was given on any application or material facts were omitted from any application;
(3) The operator or any employee of the operator violates any provision of this chapter or any rules or regulations adopted by the Village Board pursuant to this chapter, provided, however, that in the case of a first offense by an operator where the conduct was solely that of an employee, the penalty shall not exceed a suspension of 30 days if the Board shall find that the operator had no actual or constructive knowledge of such violation and could not, by the exercise of due diligence, have had such actual or constructive knowledge;
(4) The operator becomes ineligible to obtain a license or permit;
(5) Any cost or fee required to be paid by this section is not paid;
(6) Any intoxicating liquor or fermented malt beverage is served or consumed on the premises of the adult oriented establishment;
(7) The establishment is operated outside of operation hours established by the Village Board; and/or
(8) There is any substantial change in the floor plan approved by the Village Board without the approval of the Board.
(B) An adult oriented establishment license may be suspended or revoked after notice and hearing before the Village Board to determine if grounds for such suspension or revocation exist. Notice of the hearing shall be in writing and may be served by certified mail addressed to the licensee at the current address of the licensee on file with the Village Administrator/Clerk’s office. The notice shall state the grounds of the complaint against the licensee and shall designate the time and place where the hearing will be held.
(C) Any operator whose license is revoked shall not be eligible to receive a license for one year from the date of revocation. No location or premises for which a license has been issued shall be used as an adult oriented establishment for six months from the date of revocation of the license.
(Prior Code, § 12.12)
Any person violating this chapter shall, upon conviction, be subject to a forfeiture fine as provided in § 36.04.
(Ord. 03-2019, passed 2-14-2019)