Loading...
It is the purpose of this Chapter to regulate Adult Businesses to promote the health, safety, morals and general welfare of the citizens of North Perry Village and to establish reasonable and uniform regulations to prevent the concentration of Adult Businesses within the Village. The provisions of this Chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually-oriented materials. Similarly, it is not the intent nor effect of this Chapter to restrict or deny access by adults to sexually-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually-oriented entertainment to their intended market.
(Ord. 20-06. Passed 6-4-20.)
In this Chapter:
(a) "Adult arcade" means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically- controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting of describing of "specified sexual activities" or "specified anatomical areas".
(b) "Adult bookstore" or "adult video store" means a commercial establishment which utilizes twenty-five percent (25%) or more of its retail selling area for the purpose of sale or rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or
(2) Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities".
(c) "Adult business" means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
(d) "Adult cabaret" means a nightclub, bar, restaurant or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity; or
(2) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
(3) Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
(e) “Adult motel" means a hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproduction which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or
(2) Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.
(f) "Adult motion picture theater" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the exposure of "specified sexual activities" or "specified anatomical areas".
(g) “Adult theater” means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified sexual activities" or "specified anatomical areas".
(h) “Chief of Police" means the Chief of Police of the Village or his designated agent.
(i) "Escort" means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
(j) "Escort agency" means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
(k) "Public park" means public land which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian bicycle paths, open space, wilderness areas, or similar public land within the Village which is under the control, operation or management of the Village, County or State.
(l) "School" means any public or private educational facility including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities. School includes the school ground, but does not include the facilities used primarily for another purpose and only incidentally as a school.
(m) "Establishment" means and includes any of the following:
(1) The opening or commencement of any Adult Business as a new business;
(2) The conversion of any existing business, whether or not an Adult Business, to any Adult Business;
(3) The addition of any Adult Business to any other existing Adult Business; or
(4) The relocation of any Adult Business.
(n) "License" means a person in whose name a license to operate an Adult Business has been issued, as well as the individual listed as an applicant on the application for a license.
(o) "Nude model studio" means any place where a person who appears in a state of nudity or displays "specified anatomical area" is provided to be observed, sketched, dawn, painted, sculpted, photographed, or similarly depicted by other persons who pay money or any form of consideration.
(p) "Operates" or "causes to operate" means to cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated an Adult Business, whether or not that person is an owner, part owner, or licensee of the business.
(q) "Nudity" or a "state of nudity" means:
(1) The appearance of a human bare buttock, anus, male genitals, female genitals or female breast; or
(2) A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals or the entire female breast.
(r) "Person" means individual, proprietorship, partnership, corporation, association, or other legal entity.
(s) "Residential district" means a single family, duplex, townhouse, multiple family or mobile home zoning district.
(t) "Residential use" means a single family, duplex, multiple family, or mobile home park, mobile home subdivision and campground use.
(u) "Semi-nude" means a state of dress in which clothing covers no more than the genitals, pubic region, and entire female breast, as well as portions of the body covered by supporting straps or devices.
(v) "Sexual encounter center" means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
(w) "Specified anatomical areas" mean human genitals in a state of sexual arousal.
(x) "Specified sexual activities" means and includes any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
(3) Masturbation, actual or simulated; and
(4) Excretory functions as part of or in connection with any of the activities set forth in subsections (x)(1) to (3) above.
(y) "Substantial enlargement" of an Adult Business means the increase in floor area occupied by the business by more than twenty-five percent (25%) as the floor area exists on September 1, 2003.
(z) "Transfer of ownership or control" of an Adult Business means and includes any of the following:
(1) The sale, lease or sublease of the business;
(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ord. 20-06. Passed 6-4-20.)
Adult Businesses are classified as follows:
(a) Adult arcades;
(b) Adult bookstores or adult video stores;
(c) Adult cabarets;
(d) Adult motels;
(e) Adult motion picture theaters;
(f) Adult theaters;
(g) Escort agencies;
(h) Nude model studios; and
(i) Sexual encounter centers.
(Ord. 20-06. Passed 6-4-20.)
(a) A person commits an offense if he operates an Adult Business without a valid license, issued by the Village for the particular type of business.
(b) An application for a license must be made on a form provided by the Chief of Police. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but 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 six inches (6"). Applicants who must comply with Section 731.19 of this Chapter shall submit a diagram meeting the requirements of Section 731.18.
(c) The applicant must be qualified according to provisions of this Chapter.
(d) If a person who wishes to operate an Adult Business is an individual, he must sign the application for a license as applicant. If a person who wishes to operate a sexually- oriented business is other than an individual, each individual who has a twenty percent (20%) or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under Section 731.05 and each applicant shall be considered a licensee if a license is granted. (Ord. 20-06. Passed 6-4-20.)
(a) A license issued by the Chief of Police shall be obtained and evidence of such license presented to the Zoning Inspector prior to issuance of a zoning permit by the Zoning Inspector in accordance with Chapter 1107 of the North Perry Planning and Zoning Code.
(b) The Chief of Police shall approve the issuance of a license to an applicant within sixty {60) days after receipt of an application unless the Chief of Police finds one or more of the following to be true:
(1) In applicant is under eighteen (18) years ofage;
(2) An applicant or an applicant's spouse is overdue in payment to the Village of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or the applicant's spouse in relation to an Adult Business.
(3) An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.
(4) An applicant of this Chapter, other than the offense of operating a sexually- oriented business without a license within two (2) years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.
(5) The license fee required by this Chapter has not been paid.
(6) An applicant has been employed in an Adult Businesses in a managerial capacity within the preceding twelve (12) months and has demonstrated an inability to operate or manage an Adult Businesses premises in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers.
(7) An applicant or the proposed establishment is in violation of or is not in compliance with this Chapter.
(8) An applicant or an applicant's spouse has been convicted of a crime:
A. Involving any of the following offenses:
Prostitution;
Promotion of prostitution;
Aggravated promotion of prostitution;
Compelling prostitution;
Obscenity;
Sale, distribution, or display of harmful material to minor;
Sexual performance by a child;
Possession of child pornography;
Public lewdness;
Indecent exposure;
Indecency with a child;
Sexual assault or aggravated sexual assault;
Incest, solicitation of a child, or harboring a runaway child; or
Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses;
B. For which:
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 offense;
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; or
Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two {2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four (24) month period.
(9) An applicant proposes a site which is one thousand (1,000) feet near a residence, school or park, zoned P-1, R-1, C-1 or M-1, or in a location not authorized by the North Perry Planning and Zoning Code.
(10) An applicant fails to comply with the laws of the Village or state statutes or additional codes or federal laws.
(c) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant's spouse.
(d) An applicant who has been convicted or whose spouse has been convicted of an offense listed in subsection (b)(8) may qualify for an Adult Business license only when the time period required by Section 731.05 has elapsed.
(e) The 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 Adult Business. The license shall be posted in a conspicuous place at or near the entrance of the Adult Business so that it may be easily read at any time.
(Ord. 20-06. Passed 6-4-20.)
(a) An applicant or licensee shall permit representatives of the Police Department, Fire Department, Zoning Inspector, Village Engineer, or any other department of the Village, county or state government to inspect the premises of an Adult Business for the purpose of insuring compliance with the law at any time it is occupied or open for business.
(b) A person who operates an Adult Business or his agent or employee commits an offense if he refuses to permit a lawful inspection of the premises by a representative of the Police Department at any time it is occupied or open for business.
(Ord. 20-06. Passed 6-4-20.)
Loading...