(A) It shall be unlawful:
(1) For any person to operate a sexually oriented business without a valid sexually oriented business operator’s license (“operator’s license”) issued by the Director pursuant to this chapter; or
(2) For any person who operates a sexually oriented business to employ a person to work and/or perform services on the premises of the sexually oriented business, if such employee is not in possession of a valid sexually oriented business employee license (“employee license”) issued to such employee by the Director pursuant to this chapter; or
(3) For any person to obtain employment with a sexually oriented business if such person is not in possession of a valid sexually oriented business employee license issued to such person by the Director pursuant to this chapter.
(4) It shall be a defense to divisions (A)(2) and (A)(3) if the employment is of limited duration and for the sole purpose of repair and/or maintenance of machinery, equipment, or the premises.
(B) An application for a sexually oriented business operator’s license must be made on a form provided by the city. The application must be submitted to the City Clerk and shall be marked by the City Clerk with the date and time of receipt. The application shall be subject to approval or denial by the Director. The application form shall request and the applicant shall be required to provide the information described in division (F) herein. The application form, must be accompanied by the application fee and by a sketch or a diagram showing the configuration of the premises, including all doors, entrances, exits and the fixed structural internal features of the premises, the interior rooms, walls, partitions, stages, performance areas, hallways, restrooms, dressing rooms, and other rooms showing each designated area where a patron(s) is not permitted access together with a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but 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. If the application is subject to § 115.19, the premises must be inspected by the Director prior to the issuance of the license.
(C) An application for a sexually oriented business employee license must be made on a form provided by the city.
(D) All applicants for a license must be qualified according to the provisions of this chapter. The application may request, and the applicant shall provide, such information reasonably necessary to enable the city to determine whether the applicant meets the qualifications established under this chapter. The applicant has an affirmative duty to supplement an application with new information received subsequent to the date the application was deemed completed.
(E) If a person who wishes to own or operate a sexually oriented business is an individual, he or she must sign the application for an operator’s license 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 an operator’s license as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity that wishes to operate such a business, all corporate officers and directors must sign the application for an operator’s license as applicant.
(F) Applications for an operator’s license, whether original or renewal, must be made to the Director by the intended operator of the enterprise. Applications must be submitted to the office of the Director or the Director’s designee during regular working hours. Application forms shall be supplied by the Director. The following information shall be provided on the application form:
(1) The name, street address (and mailing address if different) of the applicant(s);
(2) The name under which the establishment is to be operated and a general description of the services to be provided. 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 registration documents;
(3) Written proof of age of the person(s) signing the application in the form of a birth certificate or picture identification issued by a governmental agency;
(4) An affirmative statement that the applicant(s) has not had any license issued under this chapter revoked within the 24-month period preceding the filing of the application with the City Clerk;
(5) The single classification of license, as found in § 115.03, for which the applicant is filing;
(6) The telephone number of the establishment;
(7) The street address and legal description of the tract of land on which the establishment is to be located;
(8) If the establishment is not in operation, the expected startup date (which shall be expressed in number of days from the date of issuance of the business license). If the expected startup date is to be more than ten days following the date of issuance of the business license, then a detailed explanation of the construction, repair or remodeling work or other cause of the expected delay and a statement of the owner’s time schedule and plan for accomplishing the same;
(9) If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than 150 square feet of floor space, films, video cassettes, other video reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in § 115.19 hereunder.
(G) Each application for an operator’s license shall be accompanied by the following:
(1) Payment of the application fee in full;
(2) If the establishment is a state corporation, a certified copy of the articles of incorporation, together with all amendments thereto;
(3) If the establishment is a foreign corporation, a certified copy of the certificate of authority to transact business in this state, together with all amendments thereto;
(4) If the establishment is a limited partnership or limited liability company formed under the laws of the State of Illinois, a certified copy of the certificate of limited partnership or limited liability company, together with all amendments thereto;
(5) If the establishment is a foreign limited partnership or limited liability company, a certified copy of the certificate of limited partnership or limited liability company and the qualification documents, together with all amendments thereto;
(6) A current certificate and straight-line drawing prepared within 30 days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented businesses within 1,000 feet of the property to be certified; and the property lines of any established religious institution/synagogue, school, public park, recreation area, or residence within 1,000 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;
(7) Any of items in divisions (G)(2) through (G)(6) above shall not be required for a renewal application if the applicant states that the documents previously furnished to the Director with the original application or previous renewals thereof remain correct and current.
(H) (1) Applications for an employee license to work and/or perform services in a sexually oriented business, whether original or renewal, must be made to the Director by the person to whom the employee license shall issue. Each application for an employee license shall be accompanied by payment of the application fee in full. Application forms shall be supplied by the Director. Applications must be submitted to the office of the Director or the Director’s designee during regular working hours. Each applicant shall be required to give the following information on the application form:
(a) The applicant’s given name;
(b) Date of birth;
(c) Present business address and telephone number;
(d) Written proof of age in the form of a birth certificate or picture identification issued by a governmental agency of the applicant.
(2) The personal information provided in this division shall be confidential, and shall not be disclosed to the public except to the extent required by state or federal law.
(I) Every application for a license under this chapter shall contain a statement under oath that:
(1) The applicant has personal knowledge of the information contained in the application, and that the information contained therein and furnished therewith is true and correct; and
(2) The applicant has read the provisions of this chapter.
(J) A separate application and operator’s license shall be required for each sexually oriented business classification as set forth in § 115.03.
(K) The fact that a person possesses other types of state or city permits and/or licenses does not exempt him/her from the requirement of obtaining a sexually oriented business operator or employee license.
(Ord. 0-2003-13, passed 10-29-03)