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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;
Any license for a public photography studio may be revoked or suspended by the Village after notice and a hearing, for good cause, or in any case where any of the provisions of this Article are violated or where any employee of the licensee is engaged in any conduct which violates any State or local law or ordinance at licensee's place of business and the licensee has actual or constructive knowledge by due diligence. Such permit may also be revoked or suspended by the Village after notice and hearing, upon the recommendations of the Health Inspector that such business is being managed, conducted or maintained without regard to proper sanitation and hygiene. Such revocation proceedings shall be as prescribed by in Sections 8-1-14 and 8-1-15 herein.
The commission of an act of prostitution, public indecency, soliciting for prostitution or pandering as defined in the Criminal Code of the State of Illinois on the premises licensed as a public photography studio may also result in revocation of the license after notice and hearing, as provided herein.
No license to conduct a public photography studio shall be issued unless the establishment containing the public photography studio complies with the following requirements:
A. Toilet facilities shall be provided in convenient locations. When employees and patrons of different sexes are on the premises at the same time, separate toilet facilities shall be provided for each sex. If more than fifteen (15) persons of any sex shall be on the premises at any one time, one additional water closet shall be provided for each such fifteen (15) or more persons.
B. Lavatories or washbasins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule thereof. Lavatories or washbasins shall be provided with soap and a dispenser and with sanitary towels.
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