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(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)
(A) Any business lawfully operating on the effective date of this chapter that is in violation of the locational or structural configuration requirements of this chapter shall be deemed a non-conforming use. The non-conforming use will be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such non-conforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business that was first established and continually operated at a particular location is the conforming use and the later-established business(es) is non-conforming.
(B) A sexually oriented business lawfully operating as a conforming use is not rendered a non-conforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, synagogue, or regular place of religious worship, public or private elementary or secondary school, licensed day-care center, public park, or a residence within 1,000 feet of the sexually oriented business. This provision applies only to the renewal of a valid business license, and does not apply when an application for a business license is submitted after an operator’s license has expired or has been revoked.
(Ord. 0-2003-13, passed 10-29-03)
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