(A) No sexually oriented business shall be permitted to operate without a valid sexually oriented business permit or license issued by the village for the particular type of business.
(B) Any person desiring to operate a sexually oriented business shall file with the village an original and two copies of a sworn permit application on the standard application form supplied by the village.
(C) The completed application shall contain the following information and shall be accompanied by the following documents:
(1) If the applicant is:
(a) An individual, the individual shall state his or her legal name and any aliases and submit satisfactory proof that he or she is 21 years of age;
(b) A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;
(c) A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of Illinois, the names and capacity of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process.
(2) If the applicant intends to operate the sexually oriented business under a name other than that of the applicant; he or she must state:
(a) The sexually oriented business' fictitious name; and
(b) Submit the required Illinois registration documents.
(3) Whether the applicant or any of the other individuals listed pursuant to this section has, within the two or five-year period as specified in § 157.228 immediately preceding the date of the application, been convicted of any criminal act and, if so, the criminal act involved, the date of conviction and the place of conviction.
(4) Whether the applicant or any of the other individuals pursuant to this section has had a previous permit under this subchapter or other similar sexually oriented business ordinances from another village, city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or any other individuals listed pursuant to this section has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is permitted under this subchapter whose permit has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
(5) Whether the applicant or any other individual listed pursuant to this section holds any other permits and/or licenses under this subchapter or other similar sexually oriented business ordinance from another village, city or county and, if so, the names and locations of such other permitted businesses.
(6) The single classification of permit for which the applicant is filing. (See classifications within definition of sexually oriented businesses).
(7) The location of the proposed sexually oriented business, including a legal description of the property, street address and telephone number(s), if any.
(8) The applicant's mailing addresses and residential address.
(9) A recent photograph of the applicant(s).
(10) The applicant's driver's license number, social security number and/or his or her state or federally issued tax identification number.
(11) 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 it 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.
(12) A current certificate and straight-line drawing prepared within 30 days prior to application by an Illinois registered land surveyor depicting the property lines and the structures containing any established existing uses regulated by this subchapter within 250 feet of the property to be certified; the building lines of any established religious institution, school, boys club, girls club, or similar existing youth organization, public building, or any buildings zoned for residential use or used for residential purposes within 250 feet of the property to be certified; and the property lines of any public park or recreation area within 250 feet of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted.
(13) If a person who wishes to operate a sexually oriented business is an individual, he/she must sign the application for a permit as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 10% or greater interest in the business must sign the application for a permit as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity which wishes to operate such a business, each individual having a 10% or greater interest in the corporation must sign the application for a permit as applicant.
(14) If a person wishes to operate a sexually oriented business which shall exhibit on the premises films, video cassettes, or other video reproductions which depict specified sexual activities or specified anatomical areas then the person shall comply with the application requirements stated at § 157.237 et seq.
(D) Applicants for a permit under this section shall have a continuing duty to promptly supplement application information required by this Section in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within 30 days from the date of such change, by supplementing the application on file with the Zoning Administrator or his or her designee, shall be grounds for suspension of a permit.
(E) In the event that the Zoning Administrator or his or her designee determines or learns at any time that the applicant has improperly completed the application for a proposed sexually oriented business, he or she shall promptly notify the applicant of such fact and allow the applicant ten days to properly complete the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.
(F) The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with health, fire and building codes and laws. All inspections by the village shall be conducted to comply with § 157.227 of this subchapter.
(G) At the time of filing an application, the applicant shall be required to pay a non-refundable application fee as set forth in the fee and license schedule adopted by the village as a separate ordinance, as amended from time to time.
(H) Prior to obtaining any permit or license to operate any sexually oriented business and as part of any application for a permit under this section, the applicant shall obtain from the village or its designee a certification that the proposed location of such business complies with the locational requirements of § 157.223 of this subchapter.
(I) The fact that a person possesses other types of state, county or village permits and/or licenses does not exempt him or her from the requirement of obtaining a sexually oriented business permit from the Village of Peotone.
(J) By applying for a permit or license under this subchapter, the applicant shall be deemed to have consented to the provisions of this subchapter and to the exercise by the Zoning Administrator or his or her designee, the Village of Peotone Police Department and all other village agencies charged with enforcing the laws, ordinances and codes applicable in the village of their respective responsibilities.
(K) The applicant shall be required to provide the village with the names of any and all employees who are required to be licensed pursuant to § 157.236. This shall be a continuing requirement even after a permit is granted or renewed.
(Ord. 04-20, passed 9-7-04)