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(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)
After the denial of an initial or renewal application by the Director, or suspension or revocation of a license by the Director, the applicant or licensee may seek prompt judicial review pursuant to the provisions of the “Administrative Review Act,” ILCS Ch. 735, Act 5, §§ 3-101 et seq. Upon notification by summons of the filing of a complaint seeking judicial review of the city’s administrative action, the city shall transmit the record of the administrative action to the court no later than five business days after receipt of the summons, and shall answer the complaint no later than ten days after receipt of the summons. In addition, the city shall submit its response brief within 14 days of receipt of the petitioner’s brief. The administrative action shall then be promptly reviewed by the court.
(Ord. 0-2003-13, passed 10-29-03)
(A) A licensee shall not transfer his or her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application and set forth in the operator’s license.
(B) An operator’s license shall not be transferable from one location to another.
(Ord. 0-2003-13, passed 10-29-03)
Sexually oriented businesses shall be permitted in any location in the city provided that:
(A) The sexually oriented business may not be operated within:
(1) One thousand feet of a church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
(2) One thousand feet of a public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education school, junior colleges, and universities; school includes the school ground, but does not include the facilities used primarily for another purpose and only incidentally as a school;
(3) One thousand feet of a public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, skating rink, pedestrian/bicycle paths, wilderness areas, or other similar public land within the city which is under the control, operation, or management of the city;
(4) One thousand feet of the property line of a residence; or
(5) One thousand feet of another sexually oriented business.
(B) A sexually oriented business may not be operated in the same building, structure, or portion thereof, containing another sexually oriented business that is classified in accordance with § 115.03.
(C) For the purpose of this chapter, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, synagogue, regular place of worship, or public or private elementary or secondary school, or to the nearest boundary of an affected public park, or residential lot, or licensed day care center.
(D) For purposes of division (C), the distance between any two sexually oriented business uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(Ord. 0-2003-13, passed 10-29-03)
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