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ADULT ARCADE. Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, videos, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of “specified sexual activities” or “specified anatomical areas.”
ADULT BOOKSTORE or ADULT VIDEO STORE.
(1) A commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
(a) Books, magazines, periodicals or other printed matter, or photographs, films, motion picture, video cassettes or video reproductions, slides, or other visual representations that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas;” or
(b) Instruments, devices, or paraphernalia that are designed for use in connection with “specified sexual activities.”
(2) A principal business purpose exists if materials offered for sale or rental depicting or describing “specified sexual activities” or “specified anatomical areas” generate 20% or more of the business’s income, or account for 20% or more of inventory, or occupy 20% or more of total floor space. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing “specified sexual activities” or “specified anatomical areas” and still be categorized as ADULT BOOKSTORE or ADULT VIDEO STORE. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an ADULT BOOKSTORE or ADULT VIDEO STORE so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials that depict or describe “specified sexual activities” or “specified anatomical areas.”
ADULT CABARET. A nightclub, bar, restaurant, café, or similar commercial establishment that regularly, commonly, habitually, or consistently features:
(1) Persons who appear in a state of nudity or semi-nudity; or
(2) Live performances that are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities;” or
(3) Films, motion pictures, video cassettes, slides, photographic reproductions, or other image producing devices that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas;” or
(4) Persons who engage in “exotic” or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.
ADULT MOTEL. A hotel, motel or similar commercial establishment that:
(1) Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas;” and has a sign visible from the public right of way that advertises the availability of this adult type of photographic reproductions; or
(2) Offers a sleeping room for rent for a period of time that is less than 24 hours; or
(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 24 hours.
ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly, commonly, habitually, or consistently shown that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment that regularly, commonly, habitually, or consistently features persons who appear, in person, in a state of nudity and/or semi-nudity, and/or live performances that are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities.”
DIRECTOR. The City Council and such employee(s) of the city as it may designate to perform the duties of the director under this chapter.
EMPLOYEE. A person who performs any service on the premises of a sexually oriented business on a full time, part time, contract basis, or independent basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise, and whether or not the person is paid a salary, wage, or other compensation by the operator of the business. EMPLOYEE does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises, nor does EMPLOYEE include a person exclusively on the premises as a patron or customer.
ESCORT. A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
ESTABLISHMENT. Includes any of the following:
(1) The opening or commencement of any sexually oriented business as a new business;
(2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(3) The additions of any sexually oriented business to any other existing sexually oriented business; or
(4) The relocation of any sexually oriented business; or
(5) A sexually oriented business or premises on which the sexually oriented business is located.
LICENSEE. A person in whose name a license has been issued, as well as the individual listed as an applicant on the application for a license.
LICENSED DAY-CARE CENTER. A facility licensed by the State of Illinois, whether situated within the city or not, that provides care, training, education, custody, treatment or supervision for more than 12 children under 14 years of age, where such children are not related by blood, marriage or adoption to the owner or operator of the facility, for less than 24 hours a day, regardless of whether or not the facility is operated for a profit or charges for the services it offers.
LIVE THEATRICAL PERFORMANCE. A play, skit, opera, ballet, concert, comedy, or musical drama.
NUDE MODEL STUDIO. Any place where a person who appears in a state of nudity or displays “specified anatomical areas” is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons for consideration.
NUDITY or a STATE OF NUDITY. The appearance of a human bare buttock, anus, anal cleft or cleavage, pubic area, male genitals, female genitals, or vulva, with less than a fully opaque covering; or a female breast with less than a fully opaque covering of any part of the areola; or human male genitals in a discernibly turgid state even if completely and opaquely covered.
PERSON. An individual, proprietorship, partnership, corporation, association, or other legal entity.
PREMISES. The real property upon which the sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in the application for a business license pursuant to § 115.04;
RESIDENCE. A place where a person or persons actually live(s) or has or have a home, whether it is a single unit such as a dwelling house or mobile home or whether it is in a multi-unit building such as an apartment.
SEMI-NUDE or SEMI-NUDITY. The appearance of the female breast below a horizontal line across the top of the areola at its highest point. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.
SEXUAL ENCOUNTER CENTER.
(1) A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
(a) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(b) Activities between persons of the opposite sex and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity.
(2) A principal business purpose exists if the services offered are intended to generate business income.
SEXUALLY ORIENTED BUSINESS. An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
SPECIFIED ANATOMICAL AREAS.
(1) The human male genitals in a discernibly turgid state, even if fully and opaquely covered;
(2) Less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.
SPECIFIED SEXUAL ACTIVITIES. Includes any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, whether covered or uncovered;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above.
SUBSTANTIAL ENLARGEMENT. The increase in floor areas occupied by the business by more than 25%, as the floor areas existed on August 25, 2003.
TRANSFER OF OWNERSHIP OR CONTROL of a sexually oriented business means and includes any of the following:
(1) The sale, lease, or sublease of the business;
(2) The transfer of securities that form a controlling interest in the business, whether by sale, exchange, or similar means; or
(3) The establishment of a trust, gift, or other similar legal device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ord. 0-2003-13, passed 10-29-03)
Sexually oriented business uses are classified as follows:
(A) Adult arcades; or
(B) Adult bookstores or adult video stores; or
(C) Adult motels; or
(D) Adult motion picture theaters; or
(E) Adult theaters; or
(F) Adult cabarets; or
(G) Escort agencies; or
(H) Nude model studios; or
(I) Sexual encounter centers.
(Ord. 0-2003-13, passed 10-29-03)
(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)
(A) (1) Upon the filing of an application for a sexually oriented business employee license, the Director shall issue a temporary license to the applicant within 24 hours of the filing of the application. The application shall then be referred to the appropriate city departments for investigation to be made on the information contained in the application. The application process shall be completed within 30 days from the date of the completed application. After the investigation, the Director shall issue an employee license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
(a) The applicant has failed to provide the information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;
(b) The applicant is under the age of 18 years;
(c) The applicant has had a sexually oriented business employee license revoked by the city within two years of the date of the current application.
(2) If the sexually oriented business employee license is denied, the temporary license previously issued is immediately rendered null and void. Denial, suspension, or revocation of a license issued pursuant to this division shall be subject to appeal as forth in division (I).
(B) A license issued pursuant to division (A), if granted, shall state on its face the name of the person to whom it is granted, the expiration date, and the address of the sexually oriented business. While engaged in employment or performing services on the sexually oriented business premises, an employee shall, at all times, possess the license in such manner as to be available for immediate inspection upon lawful request.
(C) A license issued pursuant to division (A) shall be subject to annual renewal upon the written application of the applicant and a finding by the Director that the applicant has not committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within 30 days of the completed application. The renewal of a license shall be subject to the fee as set forth in § 115.06. Non-renewal of a license shall be subject to appeal as set forth in division (I).
(D) Within 30 days of the filing of a completed application for a sexually oriented business operator’s license, the Director shall either approve or deny issuance and the Director shall issue the license or issue a written denial to the applicant for the license. As required by this chapter, the Director shall issue a license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
(1) An applicant has failed to provide the information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;
(2) An applicant is under the age of 18 years;
(3) An applicant has had a sexually oriented business operator’s license or a sexually oriented business employee’s license revoked within the 12-month period preceding the date of the application;
(4) An applicant is overdue in payment to the city for taxes, fees, fines, or penalties assessed against or imposed upon him/her in relation to the
sexually oriented business for which license is sought, or the property on which the sexually oriented business is located or will be located;
(5) The license fee required under this chapter has not been paid;
(6) An applicant of the proposed establishment is in violation of or is not in compliance with one or more of the provisions of this chapter;
(7) The applicant has refused or failed to permit inspection of the premises as required by this chapter.
(E) A license issued pursuant to division (D), if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business, and the § 115.03 classification for which the license is issued. The 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 license shall be an annual license and shall expire on April 30 of each year and may be renewed only by making application as provided in § 115.08. Application for renewal shall be made at least 30 days before the expiration date. No application for renewal shall be made sooner than 45 days before expiration.
(F) If so required under other sections of this chapter, the Director shall complete his or her certification that the premises are in compliance or not in compliance within 20 days of receipt of the completed application by the City Clerk or within the extended time period requested by the applicant. Failure to timely certify its inspection shall not be grounds for refusing to issue a license within the mandatory time period prescribed in division (D). In the event the Director fails to render a decision on the application within the time specified herein, the operator shall be permitted to commence operation of the business. and the license deemed to have been issued provided that the operator shall comply with all provisions of this chapter except the license requirement and the operator shall be subject to the provisions for license renewal, suspension or revocation denial, suspension, or revocation of a license issued pursuant to this division shall be subject to the provisions of division (I).
(G) A sexually oriented business license shall issue for only one classification, as set forth in § 115.03.
(H) In the event that the Director determines that an applicant is not eligible for a sexually oriented operator’s license, the applicant shall be given notice in writing of the reasons for the denial within 30 days of the receipt of the completed application by the City Clerk, provided that the applicant may request, in writing at any time before the notice is issued, that such period be extended for an additional period of not more than ten days in order to make modifications necessary to comply with this chapter.
(I) The action taken by the Director to issue or deny a license pursuant to this section shall be final and shall be subject to judicial review. Judicial review of a denial by the Director may be made pursuant to § 115.11. The status quo shall continue to be maintained during the pendency of judicial review.
(J) A license issued pursuant to division (D) shall be subject to annual renewal upon the written application of the applicant and a finding by the Director that the applicant has not committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within 30 days of the completed application. The renewal of a license shall be subject to the fee as set forth in § 115.06.
(Ord. 0-2003-13, passed 10-29-03)
The annual fee for a sexually oriented business operator’s license, whether new or renewal, is $150. The annual fee for a sexually oriented business employee license, whether new or renewal, is $25. These fees are to be used to pay for the cost of the administration and enforcement of this chapter.
(Ord. 0-2003-13, passed 10-29-03)
(A) The city shall regularly inspect the premises of the sexually oriented business in order to ensure compliance with the provisions of this chapter. An applicant or licensee shall permit representatives of the Police Department to inspect the premises at any time the establishment is open for business. Such inspection shall be limited to visual assessment of the activities conducted in areas to which patrons have access or are allowed access; to requests for inspection of the licenses required under this chapter; and to requests for identification of those individuals who reasonably appear to be under the age of 18.
(B) It shall be unlawful for a sexually oriented business or its agent or employee to refuse to promptly permit such lawful inspection of the premises.
(Ord. 0-2003-13, passed 10-29-03)
(A) Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 115.04. Application for renewal should be made at least 30 days before the expiration date. When application is made less than 30 days before the expiration date, the expiration of the license will not be affected.
(B) When the Director denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. Notwithstanding the provisions of this section, in the event a licensee appeals the non-renewal of a license, the status quo immediately prior to non-renewal shall be maintained throughout the pendency of the appeal, up to and including judicial review on the merits as set forth in § 115.11.
(Ord. 0-2003-13, passed 10-29-03)
(A) The Director shall suspend a license for a period not to exceed 30 days if he or she determines that licensee or an employee of licensee has:
(1) Violated or is not in compliance with any section of this chapter;
(2) Operated or performed services in a sexually oriented business while intoxicated by the use of alcoholic beverages or controlled substances;
(3) Refused to allow prompt inspection of the sexually oriented business premises as authorized by this chapter;
(4) With knowledge, permitted gambling by any person on the sexually oriented business premises.
(B) Notwithstanding the provisions of this section, in the event a licensee appeals the suspension of a license, the status quo immediately prior to suspension shall be maintained throughout the pendency of the appeal, up to and including judicial review on the merits as set forth in § 115.11.
(Ord. 0-2003-13, passed 10-29-03)
(A) The Director shall revoke or deny renewal of a license if a cause of suspension in § 115.09 occurs and the license has been suspended within the proceeding 12 months.
(B) The Director may revoke a license if he or she determines by the preponderance of the evidence that any one of the following has occurred:
(1) A licensee gave materially false or misleading information in the material submitted during the application process;
(2) A licensee has, with knowledge, permitted the possession, use, or sale of controlled substances on the premises;
(3) A licensee has, with knowledge, permitted the sale, use, or consumption of alcoholic beverages on the premises;
(4) A licensee has, with knowledge, permitted prostitution on the premises;
(5) A licensee has, with knowledge, operated the sexually oriented business during a period of time when the licensee’s license was suspended;
(6) A licensee has, with knowledge, permitted any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sexual conduct to occur in or on the licensed premises;
(7) A licensee has, with knowledge, permitted conduct on the premises in violation of § 115.18.
(8) A licensee is delinquent in payment to the city or state for any taxes, fees, fines, or penalties relating to the sexually oriented business or the premises thereon;
(9) A licensee has, with knowledge, permitted a person under 18 years of age to enter or remain in the establishment; or
(10) A licensee has attempted to sell his or her business license, or has sold, assigned, or transferred ownership or control of the sexually oriented business to a non-licensee of the establishment;
(11) A licensee has, with knowledge, permitted a person or persons to engage in specified sexual activities on the premises of the sexually oriented business. This division shall not apply to the erotic movements or the erotic touching of one’s own genitals, pubic region, buttocks, anus, or breasts, whether covered or uncovered, by an employee-entertainer during the course of a live performance;
(12) A licensee fails to construct or reconstructs or alters the premises after issuance of a license for the premises such that the premises is physically or structurally not in compliance with one or more provisions of this chapter;
(13) With regard to a “license deemed to have been issued,” failure to meet any requirement within § 115.04 as applicable. This provision shall not be grounds for revocation unless the brought to the attention of the operator within 60 days of date of the completed application.
(C) When the Director revokes a license, the revocation shall continue for one year, and the licensee shall not be issued a license for one year from the date revocation became effective. Notwithstanding the provisions of this section, in the event the licensee appeals the revocation of a license, the status quo immediately prior to revocation shall be maintained throughout the pendency of the appeal, up to and including judicial review on the merits as set forth in § 115.11.
(Ord. 0-2003-13, passed 10-29-03)
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