(A) The Zoning Administrator or his or her designee shall suspend a permit for a period not to exceed 30 days if he or she determines that a permittee, or an employee of a permittee has:
(1) Violated or is not in compliance with any section of this subchapter; or
(2) Been under the influence of alcoholic beverages while working in the sexually oriented business premises. For purposes of this section, "under the influence of alcoholic beverages" shall mean having an alcohol concentration in the person's blood or breath of 0.08 or more or under the influence of alcohol to a degree that renders the person incapable of performing his or her job duties in a professional manner; or
(3) Refused to allow an inspection of a sexually oriented business premises as authorized by this subchapter; or
(4) Knowingly permitted gambling by any person on the premises of a sexually oriented business; or
(5) Operated the sexually oriented business in violation of a building, fire, health or zoning statute, code, ordinance or regulation, whether federal, state or local, based on investigation by the division, department or agency charged with enforcing the rules or laws. In the event of such violation, the village shall promptly notify the permittee of the violation and shall allow the permittee a five-day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the five-day period, the village shall suspend the permit and shall notify the permittee of the suspension. In cases where the violation constitutes an immediate threat to the health, safety and/or welfare of patrons, employees, or others, the permit may be suspended during the five-day period in which to correct the violation.
(6) Engaged in a permit transfer contrary to § 157.235. In the event that the Zoning Administrator or his or her designee suspends a permit on the ground that a permittee engaged in a permit transfer contrary to this section, the Zoning Administrator or his or her designee shall forthwith notify the permittee of the suspension. The suspension shall remain in effect until the applicable section of this subchapter has been satisfied.
(7) Operated the sexually oriented business in violation of the hours of operation set forth in § 157.240.
(9) Knowingly allowed nudity to occur in or on the permitted premises.
(B) Twenty-four hours before the commencement of any suspension, the Peotone Police Department shall post on all entrances to the licensed premises a placard entitled "Notice of Closure". The title shall be in letters not less than one inch high. The notice of closure shall give the times of the suspension. Additionally, the notice of closure shall state the section number of the village code or state law which has been violated along with the telephone number of the appropriate village department that may be called for additional information. The removal of said notice of closure before the suspension ends by any person is prohibited and shall be subject to a fine of not more than $750. Each removal shall be considered a separate and distinct offense. Further, each day of a removed notice remains removed shall be considered as a separate offense.
(Ord. 04-20, passed 9-7-04)