(A) The City Clerk shall approve or deny the issuance of a license to an applicant for a sexually oriented business license or a sexually oriented business employee license within 30 days after receipt of an application. The City Clerk shall approve the issuance of a license unless one or more of the following is found to be true:
(1) An applicant is under 18 years of age;
(2) An applicant or an applicant’s spouse is delinquent in the payment to the city of taxes, fees, charges, fines or penalties assessed against or imposed upon the applicant or the applicant’s spouse;
(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 or an applicant’s spouse has been convicted of a violation of a provision of this chapter, other than the offense of operating a sexually oriented business without a license, within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect;
(5) The license application fee required by this chapter has not been paid;
(6) An applicant or the proposed establishment is in violation of or is not in compliance with the applicable provisions of the zoning ordinance of the city;
(7) An applicant or an applicant’s spouse:
(a) Has been convicted of any offense if committed in this state or any offense committed outside this state which if committed in this state would constitute an offense as described in Article XI of the Illinois Criminal Code of 1961 (ILCS Ch. 720, Act 5, §§ 11-6 et seq.);
(b) For which:
1. Less than two 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;
2. Less than five 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
3. Less than five 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 or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24- month period;
(8) The applicant’s premises is located within 1,000 feet of any school, church or licensed child care center. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the applicant's enterprise to the nearest point on the property line of such school, church or licensed day care center;
(9) The applicant’s premises is located within 1,000 feet of any other sexually oriented business for which there is a license issued. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the applicant’s enterprise to the nearest point on the property line of such other sexually oriented business;
(10) The applicant’s premises has been issued a license to sell at retail alcoholic liquor under the terms of an ordinance entitled “An Ordinance to Regulate the Sale of Alcoholic Liquor,” passed and adopted by the City Council, March 5, 1934, as amended.
(B) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant’s spouse.
(C) An applicant who has been convicted or whose spouse has been convicted of an offense stated in subsection (A)(7)(a) of this section may qualify for a sexually oriented business license only when the time period required by subsection (A)(7)(b) of this section has elapsed.
(D) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to that applicant, the expiration date and, if the license is for a sexually oriented business, the address of the sexually oriented business. A sexually oriented business employee license shall contain a photograph of the licensee. The sexually oriented business 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. A sexually oriented business employee shall keep the employee’s license on his or her person or on the premises where the licensee is then working or performing and shall produce such license for inspection upon request by a law enforcement officer or other authorized city official.
(Ord. 99-37, passed 12-14-99)