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The licensee shall maintain a register of all models referred through the model referral service and a register of all persons using the model referral service, including at least the following client information: Name, address, occupation and age.
Such client list shall be available for inspection by the Chief of Police or his representative during regular business hours.
No license or permit shall be transferable except with the consent of the Village and ratified by the Board of Trustees. An application for such transfer shall be in writing. The written application for such transfer shall contain the same information as requested herein for initial application for the license or permit.
ARTICLE 18
PUBLIC PHOTOGRAPHY STUDIOS
PUBLIC PHOTOGRAPHY STUDIOS
SECTION:
8-18-1: Definitions
8-18-2: Application for License
8-18-3: Issuance of License
8-18-4: Register of Employees
8-18-5: Revocation or Suspension of License
8-18-6: Required Facilities
8-18-7: Persons Under 18 Years of Age
8-18-8: Alcoholic Beverages Prohibited
8-18-9: Unlawful Conduct
8-18-10: Hours
8-18-11: Transfer
The following words and phrases shall have the meanings, and are hereby defined, as follows:
PUBLIC PHOTOGRAPHY STUDIO: A place where, for profit, persons for a fee (whether by membership or otherwise) may take photographs of persons available for that purpose.
OBSCENE: To the average person applying contemporary community standards:
A. The predominant appeal of the matter taken as a whole, is to prurient interest in sexual conduct, nudity or excretion; and
B. The matter depicts or describes in a patently offensive manner sexual conduct; and
C. The work, taken as a whole, lacks serious literary, artistic, political or scientific value.
Every applicant for a license to operate a public photography studio shall file an application under oath with the Village Clerk as provided for in Article 1 of this Chapter. Hereinafter all provisions which refer to "applicant" include an applicant which may be a corporation or partnership and all of the relevant persons thereof. The application, shall be referred by the Clerk to the appropriate officials for investigation. In addition to the basic information required by Section 8-1-2, each application shall contain the following information:
A. A description of the proposed use of licensed premises;
B. The location, mailing address and all telephone numbers where the business is to be conducted;
C. If applicant is a corporation, the names and residence addresses of each stockholder owning more than ten percent (10%) of the stock of the corporation;
D. The two (2) previous addresses immediately prior to the present address of the applicant;
E. Proof that the applicant is at least eighteen (18) years of age;
F. Individual or partnership applicant's height, weight, color of eyes and hair, and sex;
G. Copy of identification for each applicant including driver's license and social security card;
H. One portrait photograph of the applicant at least two inches by two inches (2" x 2") and a complete set of applicant's fingerprints which shall be taken by the Chief of Police or his agent. If the applicant is a corporation, one portrait photograph of at least two inches by two inches (2" x 2") of all officers and managing agents of said corporation and a complete set of the same officers' and agents' fingerprints which shall be taken by the Chief of Police or his agent. If the applicant is a partnership, one front-face portrait photograph at least two inches by two inches (2" x 2") in size of each partner, including a limited partner in said partnership, and a complete set of each partner's or limited partner's fingerprints which shall be taken by the Chief of Police or his agent;
I. Business, occupation or employment of the applicant for the three (3) years immediately preceding the date of application;
J. The business license history of the applicant; whether such person, in previously operating in this or another village or state has had a business license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action or suspension or revocation;
K. All criminal convictions other than misdemeanor traffic violations, including the date of convictions, nature of crimes and place convicted;
L. The name and address of any public photography studio or other establishment wherein the business or profession of a public photography studio is carried on owned or operated by each applicant;
M. A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant;
N. Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application.
The Village Clerk shall issue the license for the public photography studio unless, based on the investigation of the application, the Clerk shall find:
A. The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to the Village's building, zoning and health regulations;
B. The applicant, if an individual; or any of the stockholders holding more than ten percent (10%) of the stock of the corporation, any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; or the holder of any lien, of any nature, upon the business and/or the equipment used therein; or the manager or other person principally in charge of the operation of the business, have been convicted of any of the following offenses or convicted of an offense without the State of Illinois that would have constituted any of the following offenses if committed within the State of Illinois:
1. An offense involving the use of force and violence upon the person of another that amounts to a felony;
2. An offense involving sexual misconduct; or
3. An offense involving narcotics, dangerous drugs or dangerous weapons that amounts to a felony.
The Village Clerk may issue a license or permit to any person convicted of any of the crimes described in paragraphs 1, 2 or 3 of this subsection if he finds that such conviction occurred at least five (5) years prior to the date of the application and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for crimes mentioned in this Section;
C. The applicant has had a license denied, revoked or suspended by the Village or any other State or local agency within five (5) years prior to the date of the application;
D. The applicant, if an individual or any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; and the manager or other person principally in charge of the operation of the business, is not over the age of eighteen (18) years;
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