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(A) (1) Upon making a determination to revoke or suspend a permit issued under this subchapter, or to refuse issuance or renewal of a permit under this subchapter, the Zoning Administrator shall notify the permittee or applicant. The notice shall inform the permittee or applicant of the right to request a hearing before the Zoning Administrator regarding the proposed action.
(2) Additionally, the notice shall contain the reasons for the revocation, suspension, or refusal to issue or renew. Such notice shall be personally served or mailed, postage prepaid, to the applicant or permittee, as the case may be, at his or her last known address and shall provide such applicant or permittee with the right to request a hearing before the Zoning Administrator within eight days following the date such notice was personally delivered or placed in the mail. If no such request for a hearing is received the Zoning Administrator's determination shall become final.
(B) Where a hearing is requested, the Zoning Administrator shall set a place and date for the hearing and shall notify the applicant or permittee of said place and date of said hearing. The initial date for hearing shall be no more than 21 days after the written request for a hearing is made.
(C) The applicant or permittee shall have the right to be represented at such hearing by legal counsel. The rules of evidence applicable in a court of law in the State of Illinois shall be relaxed at the hearing.
(D) At the conclusion of the hearing, the Zoning Administrator shall issue a written decision and findings of fact and shall mail same to the applicant or permittee. The decision and findings of fact shall be mailed within five days following the conclusion of the hearing or the receipt of any transcript thereof, whichever is the latest to occur.
(E) Any applicant or license holder aggrieved by the action of the Zoning Administrator in refusing to issue or renew any permit subject to this subchapter or in suspending or revoking any permit already issued shall have the right to appeal to the President and Board of Trustees of the village. A request for such appeal shall be made to the Village Clerk, or his/her designee, within seven days after the notice of said decision of the Zoning Administrator has been mailed. The appeal shall contain a written statement setting forth the grounds for appeal. No applicant or permittee may appeal to the President and Board of Trustees unless a timely request for a hearing before the Zoning Administrator, as set forth above, has been made by said applicant or permittee.
(F) The President and Board of Trustees shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the manner provided in division (A) above. The appellant shall have the right to be represented at such hearing by legal counsel. The decision and order of the President and Board of Trustees following such appeal shall be final and conclusive. Said decision and order shall be in writing and mailed to the appellant within 14 days of the date of the conclusion of the hearing.
(G) During the pendency of any hearing before the President and Board of Trustees, a sexually oriented business that has been denied a permit or renewal license or whose license has been suspended or revoked shall be closed until the Village Board or the Court has made a final determination that the reason for the denial, nonrenewal, suspension or revocation is invalid. Any sexually oriented business subject to a permit denial, nonrenewal, suspension or revocation is hereby deemed to be an emergency threat to the health, safety and welfare of the residents of the village. In the event that a court of competent jurisdiction orders that a sexually oriented business may remain open pending appeal, then as a condition of remaining open, a penal bond in the amount of $100,000 cash shall be posted. An absolute condition of the bond shall be that if any provision of this subchapter is violated in any manner during the pendency of any appeal, the entire bond shall be forfeited at the sole discretion of the village.
(Ord. 04-20, passed 9-7-04)
(A) A permittee shall not operate a sexually oriented business under the authority of a permit at any place other than the address designated in the application for permit.
(B) When a permittee transfers ownership or control of a sexually oriented business to another person, the permit to operate such business may also be transferred if and when the acquiring party satisfies the following requirements:
(1) Obtains an amendment to the permit from the Zoning Administrator or his or her designee, which provides that he or she is now the permittee, which amendment may be obtained only if he or she has completed and properly filed an application with the Zoning Administrator or his or her designee, setting forth the information called for under § 157.225 in the application; and
(2) Pays a transfer fee of 20% of the annual permit fee.
(C) No permit may be transferred when the Zoning Administrator or his or her designee has notified the permittee that suspension or revocation proceedings have been or will be brought against the permittee.
(D) A permittee shall not transfer his or her permit to another location.
(E) Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void and the permit shall be deemed revoked.
(Ord. 04-20, passed 9-7-04)
(A) Each person who dances, performs or otherwise entertains in a sexually oriented business, as well as all bartenders, drink servers, and security personnel, shall be required to obtain a sexually oriented business employee license. Each applicant shall pay a license fee as set forth in the fee and license schedule adopted in a separate ordinance, as amended from time to time. The fee is to cover reasonable administrative costs of the licensing application process.
(B) Before any applicant may be issued a sexually oriented business employee license, the applicant shall submit on a form to be provided by the Zoning Administrator or his or her designee the following information:
(1) The applicant's name or any other name (including "stage" names) or aliases used by the individual;
(2) Age, date, and place of birth;
(3) Height, weight, hair and eye color;
(4) Present residence address and telephone number;
(5) Present business address and telephone number;
(6) State driver's license or identification number;
(7) Social Security number; and
(8) Acceptable written proof that the individual is at least 21 years of age.
(9) Attached to the application form as provided above, a color photograph of the applicant clearly showing the applicant's face, and the applicant's fingerprints on a form provided by the Village of Peotone Police Department. Any fees for the photographs and fingerprints shall be paid by the applicant.
(10) A statement detailing the license or permit history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant operating or seeking to operate in this or any other county, village, state, or country has ever had a license, permit, or authorization to do business denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the date, the name of the issuing or denying jurisdiction and describe in full the reasons for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application.
(11) Whether the applicant has been found guilty of a Specified Criminal Act as defined in this subchapter. This information shall include the date, place, and nature of each finding of guilty and identify the jurisdiction.
(12) The Zoning Administrator or his or her designee shall refer the sexually oriented business employee license application to the Village of Peotone Police Department for an investigation to be made of such information as is contained on the application. The application process shall be completed within 15 working days from the date the completed application is filed. After the investigation, the Zoning Administrator or his or her designee shall issue a license unless the report from the Village of Peotone Police Department find that one or more of the following findings is true:
(a) That the application has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a license, or in any report or record required to be filed with the Village of Peotone Police Department or other department of the village;
(b) That the applicant is under 21 years of age;
(c) That the applicant has been convicted of a specified criminal act as defined in this subchapter;
(d) That the sexually oriented business employee license is prohibited by local or state law, statute, rule or regulation, or prohibited by particular provisions of this subchapter;
(e) That the applicant has had a sexually oriented business employee license revoked by the village within two years of the date of the current application;
(C) Renewal of license.
(1) A license granted pursuant to this section shall be subject to annual renewal by the Zoning Administrator or his or her designee upon the written application of the applicant and a finding by the Zoning Administrator or his or her designee and the Village of Peotone Police Department that the applicant has not been convicted of any specified criminal act as defined in this subchapter or committed any act during the existence of the previous license period which would be grounds to deny the initial permit application.
(2) The renewal of the license shall be subject to payment as set forth in the fee and license schedule adopted in a separate ordinance, as amended from time to time.
(3) Applicants for this section's license may work during the processing of the application and license.
(Ord. 04-20, passed 9-7-04)
(A) A person who operates or causes to be operated a sexually oriented business other than an adult motel and regardless of whether or not a permit has been issued to said business under this subchapter, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
(1) Upon application for a sexually oriented business permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area with no dimension greater than eight feet. The diagram shall also designate the place at which this permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to be north or to some designated street or object and should be drawn to a designated scale with marked dimensions sufficient to show the various internal dimension of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Zoning Administrator or his or her designee, may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(2) The application shall be sworn to be true and correct by the applicant.
(3) No alteration in the configuration or location of manager's station may be made without the prior approval of the village.
(4) It is the duty of the owners and operator of the premises to insure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside the premises.
(5) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises have two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.
(6) It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present on the premises, to insure that the view area specified in division (5) remains unobstructed by any doors, walls, merchandise, display racks, curtains, partitions, screening or other materials or persons at all times and to insure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to this section.
(7) No viewing room may be occupied by more than one person at any one time. No holes, commonly known as "Glory Holes" shall be permitted in the walls or partition separating each viewing room from an adjoining viewing room, restroom or any other room on the premises. No door may be attached or installed on any viewing room. All viewing rooms must be at least 100 square feet with no dimension less than ten feet and must be fully open on at least one side within no obstructions at all on the open side. The open side must be in full view of the manager's station.
(8) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access and an illumination of not less than two foot candles as measured at the floor level.
(9) It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present on the premises, to insure that the illumination described above is maintained at all times that any patron is present on the premises.
(B) A person having a duty under division (A) of this section commits a violation if he or she knowingly fails to fulfill that duty or otherwise fails to comply with the requirements herein.
(Ord. 04-20, passed 9-7-04)
A person commits a violation of this subchapter if he or she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business, and knowingly or with reasonable cause to know, permits, suffers or allows:
(A) Admittance of a person under 21 years of age to the business premises;
(B) A person under 21 years of age to remain at the business premises;
(C) A person under 21 years of age to purchase goods or services at the business premises; or
(D) A person under 21 years of age to work at the business premises as an employee.
(Ord. 04-20, passed 9-7-04)
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